Technically, yes. An employee’s employment may be terminated while on parental leave, however, employers are severely restricted in this regard, specifically because employees are entitled to return to their role following the completion of the parental leave.
While there are some exceptions to this rule, including where the position no longer exists as a result of legitimate business restructuring, an employer is expected to make reasonable efforts to seek out a comparable and alternative role.
Where an employer is able to establish a legal termination of employment, the employee will still be entitled to a termination package to support the employee while seeking alternative employment, which will generally be accessible following the conclusion of the employee’s parental leave.
If you have been terminated by your employer and believe that exercising your right to parental leave was a factor in your termination, please contact Toronto employment lawyers, Sultan Lawyers at 416-214-5111 or via email to khayward@sultanlawyers.com.