What happens to my job and benefits?
While you are on pregnancy or parental leave, your employer does not have to pay your wages or salary.
But they must continue to give you the workplace benefits you usually get, as long as you continue to pay your share. For example, this could be health coverage or a pension plan.
If you passed the probation period in your job, your seniority or length of service continues to increase while you are on leave. But if you were still on probation when you started your leave, you have to finish it when you return to work.
When your leave is over, your employer must give you your old job back, with no cut in pay. If the pay for your job has gone up since you went on leave, you must get the higher amount.
If your old job no longer exists, your employer must give you a similar job with no cut in pay.
Problems taking a leave or getting your job back
It is a good idea to get help from your union or to get legal advice if your employer:
- will not let you take a leave
- makes it hard for you to take a leave
- will not give you your job back
If you cannot solve the problem with your employer, you
can make an Employment Standards claim
Employment Standards claim
You must make an Employment Standards claim within 2 years of the date your employer breaks the law. CLEO’s resource Your rights at work has more about this.
You can read about making a claim on the Government of Ontario website. Go to ontario.ca and type ESA in the search box.
Or call the Employment Standards Information Centre at 1-800-531-5551. For TTY, call 1-866-567-8893.
Human rights claim
You might be able to apply to the Human Rights Tribunal of Ontario.
For more information, call 1-866-598-0322. For TTY, use Bell’s Relay Service at 1-800-855-0511. Or visit tribunalsontario.ca/hrto.
You should start your application to the Tribunal within one year of when your employer:
- refused to let you take a leave
- made it hard for you to take a leave
- did not give you your job back
You cannot make both an Employment Standards claim and a human rights claim. It is a good idea to get legal advice to help you decide which claim is better in your situation.Previous page Next page