Parental Leave & Pregnancy Discrimination

Written By louise lu

In Canada, discriminating against a woman who is pregnant, was pregnant, or is attempting to become pregnant is prohibited. Similarly, parents should not be at a disadvantage because they choose to care for their children or address issues related to parenthood. If an employer has subjected a pregnant employee, an employee who is planning to get pregnant, or an employee who has lost a child to differential treatment, that employee has a number of legal options available to them.

At Rousseau Mazzuca LLP our knowledgeable employment lawyers provide exceptional legal advice and representation for parental leave and pregnancy discrimination claims. We can assist you in ensuring your rights are protected as you plan or grow your family, or deal with the aftermath of loss. We are empathetic and compassionate, but will assertively fight for you whenever necessary.

Our goal is to empower our clients by helping them fully understand their legal rights and options as a parent. We can assist with common questions such as:

  • When do I have to tell my employer that I am pregnant?

  • How long can I be off on parental leave for?

  • What happens to my benefits while I am on leave?

  • Does my employer have to protect my job?

PREGNANCY DISCRIMINATION

Women should not be disadvantaged because they choose to have children, nor should parents be disadvantaged for taking time off to be with their children.

Canadian law prohibits pregnancy related discrimination. Such discrimination is defined as any action, decision, or policy that negatively affects an employee because of pregnancy or pregnancy related circumstances.

Examples of pregnancy discrimination include:

  • Asking a prospective hire whether she is pregnant, planning to become pregnant, or has recently given birth

  • Refusing to hire or promote an employee because she is pregnant, is planning to become pregnant, or has recently given birth

  • Harassing an employee because she is pregnant, planning to become pregnant, or has recently given birth

  • Failing to provide accommodation to an employee who is pregnant, planning to become pregnant, or has recently given birth

  • Terminating an employee because she is pregnant, planning to become pregnant, or has recently given birth, including at the end of a maternity leave.

Canadian law also provides protection from discrimination based on “family status”, and extends protections to both parents, covering such situations as parental leave, adoption leave, and others, which apply to both mothers and fathers.

PARENTAL LEAVE

Pregnant employees have the right to a pregnancy leave of up to 17 weeks of unpaid time off work.

In addition, new parents have the right to a parental leave when a baby is born or first enters their care. A birth mother can take both pregnancy and parental leave. Birth mothers who took a pregnancy leave are entitled to up to 35 weeks, whereas birth mothers who did not take pregnancy leave, as well as all other parents, are entitled to up to 37 weeks of parental leave.

An employer is prohibited from penalizing an employee in any way if that employee is eligible or will become eligible for leave, or has taken or is planning to take such leave. Employees who are on leave have the right to continue to receive benefits, earn credits for length of service/seniority, and must be given their job back at the end of their leave (in most instances).

louise lu
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