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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99963
Experience:  Lawyer
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My full time position was eliminated while I was on

Customer Question

My full time position was eliminated while I was on maternity leave. I have been given a layoff notice, yet the woman doing my job remains employed for 4 hours per day with a different role in the company. I have worked for the company for 5 years. What am I entitled to?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Maternity leave is job protected leave and your employer was required to keep your position for you or provide you with a comparable position.

This did not happen and given that someone else has your job the employer has simply ignored this legal obligation.

The employer has therefore acted unlawfully and contrary to the Human Rights Code.

You can file a complaint with the Human Rights Commission or the Employment Standards Branch. I suggest you call both of them as soon as possible.

You will be entitled to damages but I can not in the position to be able to assess what they will be but they will be higher than regular termination pay.

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