Generally, no.
In Ontario, the Employment Standards Act, 2000 (ESA) and the Human Rights Code provide protections and rights for employees returning to work after pregnancy or parental leave. Here’s an overview:
Right to Reinstatement:
Employees who take pregnancy or parental leave are generally entitled under the ESA to either:
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- The same role they had before the leave began, or
- A comparable role if their former position no longer exists.
Comparable Role:
An employer can offer a comparable role, which might involve changes in job duties, if the employee’s previous role was eliminated. However, this does not allow for significant alterations that would amount to a constructive dismissal.
Potential Claims:
If an employee experiences significant changes to the terms of their employment, then they may be entitled to bring a claim for constructive dismissal.
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- Constructive Dismissal: If changes in job duties result in significantly fewer or downgraded duties, a reduction in pay, or demotion in seniority, the employee may have a claim for constructive dismissal.
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- Human Rights Violations: If the employee can link the changes in their job duties to the fact that they took leave, they may also be entitled to damages related to a violation of their human rights.
Filing a Complaint:
If there are concerns that the employer has not complied with the ESA, including by failing to return them to a comparable role, employees may file a complaint with the Ministry of Labour.
Legal Assistance:
If you believe your duties have been significantly impacted as a result of returning from pregnancy and/or parental leave, please contact Toronto employment lawyers, Sultan Lawyers at 416-214-5111 or via submitting a contact form.
The key is that while minor changes in job duties are permissible, significant changes that negatively impact the employee’s position or terms of employment may give rise to legal claims. It’s crucial for employees to understand their rights and for employers to adhere to the legal standards set by the ESA and the Human Rights Code. Legal advice should be sought in situations where there is uncertainty or dispute over the terms of reinstatement after pregnancy or parental leave.