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Layoff/fired after maternity leave

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Deal Addict
Apr 29, 2014
1206 posts
529 upvotes
Pickering, ON

Layoff/fired after maternity leave

Hi all,

There are rumors my wife will be lay off/fired when she return from maternity leave. Are we able to collect EI if that's the case? The company lost several contracts and there is no position for her. The company contact out mailroom and administrative jobs. This was her second time on maternity leave in 3 years and her boss knew when we are ready to have kids that it will be back to back because we wanted our kids close in age.

What is our options?
16 replies
Deal Addict
Feb 24, 2008
2331 posts
826 upvotes
SleepyEyez wrote: Hi all,

There are rumors my wife will be lay off/fired when she return from maternity leave. Are we able to collect EI if that's the case? The company lost several contracts and there is no position for her. The company contact out mailroom and administrative jobs. This was her second time on maternity leave in 3 years and her boss knew when we are ready to have kids that it will be back to back because we wanted our kids close in age.

What is our options?
You can only collect a maximum of 50 weeks of combined regular and special benefits (maternity, parental, sickness, etc) on a claim. If your wife has collected or will collect the full 50 weeks of maternity and parental benefits on her claim, she will not be able to collect any regular benefits after that, unless she has enough hours to start a new regular claim.
Deal Guru
User avatar
Sep 8, 2007
10978 posts
14474 upvotes
Way Out of GTA
Either confirm that they aren't planning to do the layoffs or start looking for a new job while still on leave.
Deal Expert
Aug 2, 2001
18946 posts
10527 upvotes
While I would normally say to contact an employment lawyer, it sounds like your wife's company has basically eliminated an entire department that she belongs to. So I do not think there will be much recourse for her, unless the severance they offer her is below the minimum allowed.

I would recommend that she follow the advice of others in this thread and look for a job while on her parental leave if she is able to confirm her job has be eliminated. It is up to her to feel out the job market and whether she can just get a job when her parental leave is up or needs to look while still on it. Just remember that you may have a challenge finding a daycare for a child under 12 months - at least in my province it requires a different ratio and not every daycare will accept them this young.
Sr. Member
Mar 23, 2016
821 posts
227 upvotes
I would have thought there was protection for women returning from mat leave!
*Faux transparency / censorship warning for RFD*
Jr. Member
Mar 12, 2017
147 posts
77 upvotes
Is it even legal for employers to do this without giving you a heads up to go look for another job? If you are off on maternity leave, the expectation is that you will have a job waiting for you when you come back.

Even if they give you two weeks notice before the maternity leave ends, that's not a lot of time to look for another job. I would definitely try to find out if she's getting terminated ASAP first thing Monday because they owe her a heads up as common courtesy. So that she can start looking.
Deal Addict
Jan 3, 2009
1469 posts
255 upvotes
NEETtrader wrote: Is it even legal for employers to do this without giving you a heads up to go look for another job? If you are off on maternity leave, the expectation is that you will have a job waiting for you when you come back.

Even if they give you two weeks notice before the maternity leave ends, that's not a lot of time to look for another job. I would definitely try to find out if she's getting terminated ASAP first thing Monday because they owe her a heads up as common courtesy. So that she can start looking.
"Common courtesy" and "owe her" are contradictory statements. Either its a courtesy or its labour law.
Deal Addict
Apr 29, 2014
1206 posts
529 upvotes
Pickering, ON
Thank you everyone. I will find out more in a month. When it's her schedule return date.
Deal Addict
Dec 13, 2010
1105 posts
1897 upvotes
Vancouver
jrbb0309 wrote: This article might clarify a few things: https://www.theglobeandmail.com/life/pa ... e34235116/

Women on maternity leave are only protected from losing their jobs in any way directly related to their being on maternity leave. It doesn't sound like this is the case with your wife.
Just adding as well, that your wife is still entitled to the normal severance rules even if she is on maternity leave. So if a layoff is warranted (and is not because she is on maternity leave), then she must receive the same severance as would have been applied had she been actively working. So make sure that the severance (or working notice) is sufficient if the layoff does occur.
Banned
User avatar
Jun 8, 2008
3977 posts
1423 upvotes
Toronto
SleepyEyez wrote: Thank you everyone. I will find out more in a month. When it's her schedule return date.
Sounds like she should start looking sooner rather than later. No matter what, doesn't sound like the most stable working environment so it wouldn't hurt to see what's out there just in case, start preparing a CV etc.
Member
May 14, 2013
441 posts
517 upvotes
Edmonton
1. They are not laying off your wife because she is on maternity leave. The layoff is justified by operational requirements. As you indicated, the company isn't doing well, so they need to lay off a number of mail and admin staff. This is happening to many people from the sounds of it. They are not singling out your wife. So don't take it personal.

2. The amount of notice depends on the amount of time your wife was employed with the company. This varies in each province. On her employment contract it should have indicated the terms and conditions of paid and unpaid leave, and how things such a mat leave would affect her length of service. Or the very least, it would have been included in the Employee booklet/manual/package that accompanies the contract.

3. Your option would be to have her look for a new opportunity.
Deal Addict
Feb 16, 2013
1569 posts
1329 upvotes
Toronto
springdays wrote: I would have thought there was protection for women returning from mat leave!
There's no protection for anyone anymore.
You want to go have kids? That's nice, we're gonna replace you with a robot. Sorry.
....
Deal Addict
Apr 21, 2014
2321 posts
1106 upvotes
Alberta
springdays wrote: I would have thought there was protection for women returning from mat leave!
There is. She is not being layed off during may leave. But while she was on Mat leave her department got eliminated. Had she not gone on mat leave she probably would have been layed off regardless. Her time on Mat leave should count towards her years of service for severance.
Sr. Member
Jun 2, 2017
787 posts
390 upvotes
abc123yyz wrote: There is. She is not being layed off during may leave. But while she was on Mat leave her department got eliminated. Had she not gone on mat leave she probably would have been layed off regardless. Her time on Mat leave should count towards her years of service for severance.
This is correct and is a typical case (position/dept eliminated and having nothing to do with the leave). Company is liable for owed severance and nothing else.
Newbie
Nov 4, 2018
2 posts
What ever came of it? I'm in the same boat now. I did not take all of my weeks..

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