Add Comment Question: Currently on an 18 month maternity leave ending 2026. In February 2025 my department closed. I was told upon my return id return to a similar role. October 2025 they call me and let me know that there is a new role I can apply to if id like to end my leave early. I feel they are doing this because they dont actually have a position for me in a comparable roll. That being said what happens if I decline applying? What happens if I apply and dont get the job? Answer: When your maternity leave ends, you have the legal right to return to your job — or a comparable one — under BC’s Employment Standards Act. Your employer must return you to: - The same position you held before leave, or - A comparable role with similar pay, benefits, and responsibilities. Any major changes to your job after leave may be a constructive dismissal in BC — meaning you are owed severance pay. If your original position no longer exists, your employer must offer you a comparable job in the same location with equal pay and benefits, you should not have to apply for this role. Failure to do so may violate your rights. Please contact our Firm to discuss your specific situation further. Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.