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I have been with the company I'm employed at for around 20 years. I have had to take a leave of absence to take care of my children during Covid 19. I have not gone back to work yet. I was the only manager and have been since I got the job. In my leave they have hired a new manager in my place. It is unclear if I have been demoted or even have a job when I go back as I cant get a answer from my manager. I feel as my manager is doing this to spite me for taking a leave to care for my children. What are my rights?

Thank you for your question. When your leave ends, you will have a right to reinstatement, unless your position no longer exists or is terminated for reasons unrelated to your leave.

If your employment is terminated, you will be entitled to severance. For now, I would recommend that you focus on taking care of your children, with the knowledge that the law protects you in these circumstances once childcare becomes available and you are able to come back. Then, if your employer terminates your employment or refuses to offer you your job (or a comparable job), please contact us right away at the number below.

Kindly note that if you are given notice of termination or your employer refuses to call you back, you have two years from the date you became aware to bring a claim for wrongful dismissal, after which your entitlements expire (this is your limitation period).
The Lawyers at Samfiru Tumarkin LLP
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