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I'm currently on maternity leave in BC and am supposed to return to work in less than two weeks. My employer has suggested I consider returning to another role despite my original role still existing and would continue to be held by my maternity leave replacement. Am I entitled to return to my role as it has not changed and still exists? The alternate role currently available is not comparable to my original role.

Thank you for your question.

If your role continue to exist, your employer should be returning you to that pre-leave role, failing which it could be a constructive dismissal and a breach of human rights.

Before you make any decisions, it is strongly recommended that you contact us at the number below so we can carefully review the role you have been offered and advise you accordingly.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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