You Got a Termination Notice. But You Were on Leave.
You announced your pregnancy, gave your employer proper notice, and took the leave Ontario law entitles you to. Then, while you were still at home, or the day you returned to work, you were told the job was gone.
The financial shock of losing income at exactly this moment is hard enough. What makes it worse is not knowing whether you have any recourse. Many employees in Innisfil and Midland assume the answer is no.
That assumption is often wrong. When an employer dismisses you during pregnancy or while you are on job-protected leave, Ontario law does not treat that as a routine business decision. Depending on the circumstances, it may be a wrongful dismissal, a human rights violation, or both. Here is what you need to know before you sign anything or walk away.
What Does Ontario Law Actually Say About Firing Someone on Leave?
Under Ontario law, employers cannot legally terminate an employee because of pregnancy or because they are on job-protected leave. Two separate bodies of law provide this protection.
Your ESA Rights During Pregnancy and Parental Leave
Ontario’s Employment Standards Act, 2000 (ESA) entitles eligible employees to up to 17 weeks of unpaid pregnancy leave and up to 61 or 63 weeks of parental leave. Crucially, this leave is job-protected. Your employer is required to reinstate you to the same position you held before you left, or to a genuinely comparable role if that exact position no longer exists. Comparable means equivalent in pay, benefits, and responsibilities. Terminating an employee during or in retaliation for ESA-protected leave is a direct breach of the Act.
The Ontario Human Rights Code: An Additional Layer of Protection
The Ontario Human Rights Code prohibits discrimination in employment based on sex, and sex expressly includes pregnancy. If your employer dismissed you because you were pregnant, or made assumptions about your commitment as a new parent, that conduct may constitute discrimination under the Code.
This matters because the Human Rights Code provides remedies that go beyond a wrongful dismissal claim alone: reinstatement, lost income, and damages for injury to dignity and feelings. The result is that a dismissal tied to pregnancy or leave may give rise to two legal claims running simultaneously, which is one reason these cases are among the more significant employment matters we handle at FDT Law.
Common Scenarios That May Qualify as Wrongful Dismissal
Not every termination during or near a leave period is automatically wrongful; each situation requires individual assessment. That said, Ontario courts treat timing as meaningful evidence. Here are the scenarios we see most often from Innisfil and Midland clients:
Terminated During Pregnancy Before Leave Begins
Some employees are let go after announcing their pregnancy but before their leave has started. Employers often frame this as a performance issue or a restructuring. Courts in Ontario, however, look closely at the proximity between a pregnancy announcement and a termination; that timing alone is evidence that carries real weight, and the burden shifts to the employer to explain it.
Let Go While on Maternity or Parental Leave
A termination letter arriving during leave is among the most common situations our clients bring to us. The employer is not automatically in the wrong, but they carry a significant burden to demonstrate that the dismissal was wholly unrelated to the leave. In our experience, that is a burden many struggle to meet when the facts are examined closely.
Position “Eliminated” While You Were Away
Employers sometimes use restructuring language to avoid paying proper severance. Ontario courts look past the framing. If the restructuring was conveniently timed to a leave period, if someone else absorbed the work, or if the elimination cannot be substantiated by a genuine business change, termination without cause may still qualify as wrongful dismissal.
Returned from Leave to Find Your Role Has Changed or Disappeared
Returning to a substantially inferior role, lesser pay, stripped responsibilities, or a different reporting structure may constitute constructive dismissal: a type of wrongful dismissal where the employer’s conduct forces you out without a formal termination letter. If this happened to you after leave, your rights may be the same as if you had received one.
Why Many Employees Do Not Realize They Have a Claim
The Guilt and Gratitude Trap
The employees most likely to have strong legal claims are often the least likely to pursue them. Pregnant workers and new parents already carry an enormous load. Many internalize the thought: “I was away for months. I don’t want to cause trouble.” That instinct is exactly what some employers count on. The law was designed to protect you during this period precisely because the vulnerability is real.
“My Employer Said It Was a Business Decision”
Restructuring, role elimination, organizational change, this language sounds neutral and final. It is designed to. But Ontario courts and the Human Rights Tribunal are experienced at looking past the framing to the substance. You do not need a written admission from your employer to have a viable claim. Timing and circumstance speak for themselves.
A confidential consultation with FDT Law costs you nothing in commitment. It gives you the full picture before you decide what to do, and in over 50 years of serving Simcoe County, we have seen how often that picture is very different from what the employer’s letter implied.
What You May Be Entitled to If You Were Wrongfully Dismissed
If your dismissal qualifies as wrongful or involves pregnancy-related discrimination, your entitlements may come from multiple sources simultaneously.
Notice Pay and Termination Pay
You are entitled to reasonable notice or pay in lieu. The Employment Standards Act, 2000, sets out the statutory minimum based on years of service, but that is the floor, not the ceiling. Common law notice, assessed using the Bardal factors established in Bardal v. The Globe and Mail Ltd. (1960), length of service, age, nature of the position, and availability of comparable employment, can be significantly higher. Ontario courts have also held that pregnancy and impending leave can increase a notice award.
Severance Pay
Separate from termination pay, severance pay under the Employment Standards Act, 2000 applies to employees with five or more years of service at employers with a payroll of $2.5 million or more. This is an additional entitlement, not a substitute for notice pay.
Reinstatement
Both the ESA and the Ontario Human Rights Code recognize reinstatement as a remedy. Where the employment relationship has not broken down entirely, you may be entitled to your position back, with back pay for the period you were wrongfully kept away.
Human Rights Damages
Where the dismissal involved pregnancy-related discrimination, the Human Rights Tribunal of Ontario can award damages for injury to dignity, feelings, and self-respect, in addition to lost income. These damages exist specifically to address harm caused when someone is treated unfairly because of who they are, and they are not available through a wrongful dismissal claim alone.
Critical Steps to Take If You Were Fired During or After Leave
Step 1: Document Everything Before You Respond
Before replying to your employer or signing anything, gather every relevant document you are lawfully entitled to keep:
- Employment contract or offer letter
- Termination letter and any accompanying documents
- Any correspondence related to your pregnancy, leave request, or return-to-work plan
- Recent pay stubs and T4 slips
- A personal log of relevant conversations, with dates, kept outside company systems
Step 2: Do Not Sign Anything Without Legal Advice
A release waives your right to make future claims, including any human rights claim, and once signed, it is generally enforceable. You are entitled to take a reasonable time to obtain independent legal advice before deciding whether, and on what terms, to sign.
Step 3: Speak to an Employment Lawyer, Sooner Rather Than Later
In Ontario, the limitation period for a civil wrongful dismissal claim is two years from the date of dismissal under the Limitations Act, 2002. For ESA complaints, the window is typically 12 months. Missing either deadline can extinguish your rights entirely. FDT Law’s employment team serves both Innisfil and Midland. Speak to us before you respond to your former employer.
How an Employment Lawyer in Innisfil and Midland Can Help
Assessing Your Claim
Pregnancy leave wrongful dismissal cases in Ontario sit at the intersection of employment law and human rights law. Getting the assessment right means understanding which entitlements apply, from which framework, and in what combination.
At FDT Law, our first conversation gives you an honest picture: what qualifies, what your realistic entitlements are, and what your options look like. We have been doing this work for employees across Innisfil, Midland, and Simcoe County for over 50 years. Clarity, not more uncertainty, is what every client should leave that conversation with.
Negotiating a Fair Settlement
Most wrongful dismissal matters in Ontario, including those involving pregnancy or leave, are resolved through negotiation rather than litigation. An employment lawyer can communicate with your former employer on your behalf, calculate what you are owed across both the ESA and common law, and negotiate a settlement that reflects your full entitlements.
If a fair settlement cannot be reached, FDT Law can represent you before the courts or the Human Rights Tribunal of Ontario.
Were You Fired While Pregnant or on Leave in Innisfil or Midland? Let’s Talk.
Losing your job during pregnancy or while caring for a newborn is devastating. The financial pressure is immediate, and the last thing you need is uncertainty about whether you even have a case.
Your rights under Ontario law do not disappear because your employer issued a letter while you were on leave. FDT Law’s employment team serves Innisfil, Midland, and the wider Simcoe County area, including Barrie, Bradford, Collingwood, Penetanguishene, and Orillia. We offer consultations to help you understand exactly where you stand before you take another step.
Call FDT Law’s Innisfil office: (705) 436-1701
Call FDT Law’s Midland office: (705) 526-1471
Book a consultation online: fdtlaw.ca/contact
Learn more about our employment services: fdtlaw.ca/our-expertise/civil-litigation/employment-wrongful-dismissal/
Frequently Asked Questions About Being Fired While Pregnant or on Leave in Ontario
Can my employer fire me while I am pregnant in Ontario?
No, not because of your pregnancy. Ontario’s Human Rights Code prohibits discrimination in employment based on sex, which expressly includes pregnancy. The Employment Standards Act, 2000, also protects employees during job-protected leave. If you were dismissed during or shortly after announcing your pregnancy, you may have both a wrongful dismissal claim and a human rights claim.
Can I be let go while on maternity or parental leave in Ontario?
Your position is job-protected during ESA leave. While a genuine restructuring may allow an employer to eliminate a role, they cannot use your leave as the reason for dismissal. Ontario courts scrutinize the timing of terminations that coincide with leave periods closely. Speak to an employment lawyer before signing anything or responding to your employer.
What happens if my position is eliminated while I am on leave?
A position elimination during leave does not automatically protect the employer from liability. Courts assess whether the restructuring was genuine, whether the timing is suspicious, and whether a comparable role was offered. If the termination appears to be a pretext, the termination may still constitute wrongful dismissal.
Am I entitled to severance if I was fired during maternity leave?
Yes, potentially. Your entitlements may include termination pay under the Employment Standards Act, 2000, severance pay if you meet the qualifying thresholds, and, if the dismissal involved pregnancy-related discrimination, additional damages under the Ontario Human Rights Code. Amounts vary significantly by individual circumstances; legal advice is essential before accepting any offer.
How long do I have to make a wrongful dismissal claim after being fired on leave?
Under Ontario’s Limitations Act, 2002, you generally have two years from the date of dismissal for a civil wrongful dismissal claim. For ESA complaints, the window is typically 12 months. Acting promptly preserves evidence and maximizes your options.
Is it wrongful dismissal if I returned from leave to a different role?
Returning to a substantially inferior role may constitute constructive dismissal, a type of wrongful dismissal where the employer’s conduct forces you out without a formal termination letter. The ESA protects your right to return to the same or a comparable position. If the role offered was significantly lower in pay, responsibility, or seniority, speak to a lawyer before accepting or rejecting it.
