- Ontario's Employment Standards Act, 2000 gives eligible employees the right to take unpaid, job-protected leave for reasons including pregnancy, becoming a new parent, and several other…
- When a termination happens during a protected leave, or soon after an employee returns from one, Ontario law treats that timing as significant.
- None of these patterns is decisive on its own — every case turns on its specific facts — but they show the kind of comparison a lawyer, an investigator, or a tribunal will make.
Losing your job while on parental leave — or shortly after coming back from one — feels like a betrayal, and often it's more than that: it may be against the law. Being fired on maternity leave or during any other job-protected leave in Ontario raises an immediate legal problem for the employer, because that kind of timing is treated as a warning sign, not a coincidence.
That doesn't mean every termination connected to a leave is automatically illegal. Employers are allowed to make legitimate business decisions — including, in some circumstances, ending someone's employment — even while that person is on leave. What they are not allowed to do is let the leave itself be the reason, or even one of the reasons.
This article explains how Ontario law treats terminations that happen around a protected leave, what an employer generally has to show to defend one, and what options exist if you think your leave was the real reason you lost your job.
Ontario's Job-Protected Leaves, Briefly
Ontario's Employment Standards Act, 2000 gives eligible employees the right to take unpaid, job-protected leave for reasons including pregnancy, becoming a new parent, and several other family and medical circumstances. "Job-protected" means the employer must generally reinstate you to your same job, or a comparable one, once the leave ends.
The exact length of each leave, and the notice and eligibility rules attached to it, change from time to time, so confirm your specific entitlement before assuming you know exactly where you stand — a lawyer or the Ministry of Labour can confirm the current rules that apply to your situation.
Why the Timing Matters So Much
When a termination happens during a protected leave, or soon after an employee returns from one, Ontario law treats that timing as significant. An employer cannot lawfully end someone's employment because they took, are taking, or intend to take a protected leave.
In practice, this means that once an employee shows they were let go during or shortly after a protected leave, the employer is generally expected to come forward with a real, unrelated explanation. A vague explanation, or one that doesn't hold up under scrutiny, tends to work against the employer rather than for it.
What Counts as a Legitimate Reason — and What Doesn't
| Likely legitimate | Likely to raise concern |
|---|---|
| A genuine, documented restructuring affecting the whole department or role | A termination announced soon after the employee gives notice of leave |
| Performance problems documented before the leave began | New "performance concerns" that first surface only after the leave started |
| A permanent role elimination with no replacement hired | The same duties handed to a new hire shortly after the leave |
| A genuine business closure or broader downsizing | No credible explanation offered at all |
None of these patterns is decisive on its own — every case turns on its specific facts — but they show the kind of comparison a lawyer, an investigator, or a tribunal will make.
Your Options If You Think Your Leave Was the Reason
| Route | What it addresses | Where it's decided |
|---|---|---|
| Employment standards complaint | Reprisal for taking or requesting a protected leave | Ministry of Labour |
| Human Rights Tribunal of Ontario application | Discrimination tied to a protected ground, such as sex or family status | Human Rights Tribunal of Ontario |
| Civil claim for wrongful dismissal | Inadequate notice, or pay in lieu of notice, on termination | Ontario courts |
These routes aren't mutually exclusive, but each has its own process and its own deadlines — so it's worth getting advice early about which one, or which combination, fits your situation, rather than guessing.
What to Do Right Away
- [ ] Write down the date you gave notice of your leave and the date of termination
- [ ] Keep every email, letter, or text about your leave and your termination
- [ ] Note who told you about the termination and exactly what reason was given
- [ ] Avoid signing any severance offer or release until it's been reviewed
- [ ] Speak with a litigation lawyer before any deadline passes
Frequently asked questions
Can my employer lay me off while I'm on parental leave instead of firing me?
A genuine, documented layoff affecting more than just you can be legitimate, but the same scrutiny applies: if the leave appears to be the real reason, or even a contributing one, it can still be challenged the same way a termination would be.
Does it matter if my employer says my leave had nothing to do with it?
What an employer says matters less than what the evidence shows. Decision-makers look at timing, documentation, and whether the stated reason is consistent and credible, not just the label the employer puts on the decision.
What if I was only partway through my leave, or had just returned?
The same protections generally apply either way. The key question is whether the leave, in whole or in part, was a factor in the decision to end your employment.
Is there a deadline to bring a claim?
Yes, and the deadlines differ depending on which route you use — some are considerably shorter than people expect. Don't wait to get advice once you suspect a problem.
This is a litigation question
Start a file online — flat, published fees, reviewed by a licensed Ontario lawyer before a dollar is owed.