Leaves of Absence

Employment standards legislation provides for a variety of protected periods of unpaid leave. These include:

  • pregnancy and parental,
  • personal emergency,
  • military reservist,
  • family medical,
  • critically ill child care,
  • organ donor, and
  • crime-related child death or disappearance.

The list of such leaves continues to grow, and employers must stay up to date.

Some questions arise routinely. Are employees that take such leaves entitled to have their jobs back when the leave ends? What if the department has been eliminated? What if their replacement is better? Are they entitled to the bonus or raise received by everyone else while they were away?

In order to be compliant, employers must understand their obligations, including the fact that in most circumstances, the employee that takes leave must be given their job back when they return.

We advise employers on all of these complicated legal issues in order to ensure that they do not expose themselves to liability, or are led astray by common myths and misconceptions.

Pregnancy and Parental Leaves

This is the most common form of leave, yet it can become a minefield if not handled properly, given the interplay between legislation, common law and emotion.

Our lawyers understand this highly complex interplay, and will guide you through the most fair and reasonable process for both parties, to ensure that your legal obligations are met at the same time. We explain the obligations of the employee, the timelines, and the duties of the employer.