I am 56 weeks into the 70 weeks I am taking for maternity/parental leave. My employer has now informed me that I do not qualify for the e 17 weeks of maternity leave as this had to be taken BEFORE the baby was born. They have loaded 61 weeks of parental leave in the system and the balance of my leave they have processed as an unprotected leave of absence. I know am legally entitled to 78 weeks of protected leave but they are refusing to change it. Can I sue them for harassment? I am dealing with the head of HR for Canada (it is a global company).

In Ontario, the latest day for beginning a pregnancy leave is the earlier of: (1) the employee's due date; and (2) the date on which the employee gives birth. Provided the employee is entitled to parental leave, the pregnancy leave ends 17 weeks after it begins. An employee who commences a parental leave immediately following a pregnancy leave, is entitled to up to 63 weeks of job-protected parental leave.

If your employer is refusing to provide you with your statutory entitlements in this regard, then I recommend that you contact Samfiru Tumarkin for a consultation so that you can discuss the specifics of your situation and receive some guidance from an experienced employment lawyer.