As you celebrate your new child’s life, one of the worst things you can learn is that your employer has replaced you or plans to replace you when you return from maternity leave. A happy time could turn into a career-changing or even devastating situation.
Canadian laws provide protection from discrimination related to pregnancy. If you believe you were treated unfairly, our Calgary employment lawyers at JSB Law can help you. Call 403-620-5400 now for a consultation.
Know the Maternity Laws in Canada
Under the Canadian Human Rights Act, pregnancy is a protected class. That means that this law prohibits discrimination related to your pregnancy. The law classifies it as a form of sex discrimination because only women can become pregnant. Discrimination applies to a wide range of acts in which you were treated unfairly, with examples such as:
- Negative treatment
- Refusal to hire or promote
- Termination of employment
- Harassment of any type
The law makes it clear that pregnancy is a fundamental human right and, therefore, must be treated equally. Considering this, what happens if you take maternity leave?
What You Are Entitled to Under the Law
Canadian law allows for unpaid maternity leave. Under the Alberta Employment Standards Code, pregnant employees are eligible for maternity or parental leave if they have been employed for at least 90 days with the same employer. In situations where they have not worked with the company for 90 days, the employer still has the ability to grant maternity leave but is no longer obligated to do so under the law.
Pregnant employees are entitled to 16 consecutive weeks of unpaid maternity leave. Employees can start leave as early as 13 weeks before the expected due date. The leave can be taken no later than the date of birth. There is the additional option of 62 weeks of unpaid parental leave. Employers must also be readily available to support the employee’s needs when they return to work as well.
In situations where an employer believes the pregnancy is impacting the employee’s work performance during the 12 weeks prior to the expected due date, the employer has the right to require the employee to start the leave earlier. They must notify the employee of this in writing.
Employees must also provide at least six weeks’ notice before availing either maternity or paternal leave, though they are not required to provide a specific return timeline at that time. In some situations, an employee may not be able to provide such a notice, such as due to medical reasons. They still have the right to leave, but must provide written notice as soon as possible.
Employees must also provide their employer with four weeks of written notice of the date they plan to return to work after this leave. The law also states that employers may not terminate or lay off an employee who has taken maternity leave. The only exception to this occurs when the employer suspends or discontinues the entire or a part of the business.
Examples of Pregnancy Discrimination in Calgary
The law makes it clear that pregnancy should never play a role in any employment-related decision. Considering that, consider some examples of when you may find that you were discriminated against. If this applies to you in any way, seek out the help of an employment lawyer immediately.
- You were denied a job, an application for a job, or an interview for a job because of pregnancy or because you were of childbearing age
- You were not provided training or employment opportunities due to pregnancy
- You were not assigned to a specific project because of pregnancy
- You were asked on your job application or during an interview if you were pregnant, had any expectations of becoming pregnant, or if you have children
- Your job was lost during your maternity leave, though the department or company remained operational
- You were forced to take maternity leave for no other reason than that you were pregnant
- You were harassed or bullied because of your maternity leave or treated unfairly as a result of it
Seek Help from Calgary Employment Lawyers Now
An employment lawyer is the first step to call if you believe you are facing pregnancy or maternity leave discrimination. In these situations, acting with the guidance of your lawyer enables you to investigate your rights and treatment to seek full, fair outcomes.
Contact JSB Law now to discuss your case with our legal team. Fill out our form online or call 403-620-5400.
