Question and answer
Ask your question and an employment lawyer in Ontario, BC or Alberta will answer in minutes

FOR EMPLOYEES
FOR EMPLOYERS




Note, your name, city and email is not displayed on the website. It is used to notify you that we have answered your question.


Hi,

I’m looking to understand my rights and also to get advice on what to do next for my best interest.
I’m currently employed with CGI, a consultancy firm since June 2022.
I’m now 7 months pregnant and had informed my employer of the same via email around 20 weeks into my pregnancy.
The client i used to work for was Bell since I joined.
The project went through cuts and hence I have been off that project from 26th April 2024.
CGI has been unable to find me another project after that.
I have been getting regular pay and benefits since then.
Now, my manager has asked me if I would consider taking maternity leave 2 months earlier than my due date as he foresees some cuts happening in June.
My questions are:
1. Can my employer fire me while they know I am pregnant? It has nothing to do with my competence. If I am in that scenario, what’s the best compensation I should be fighting for?
2. Should I accept their offer of going on maternity leave 2 months in advance?
3. My employer offers maternity top ups as follows:
a. First two weeks 100% top up
b. Next 13 weeks 75% top up.

I would be happy to discuss this on call if you would like

Regards

Yes, you can be terminated while you are pregnant by your employer as part of a restructuring, so long as your pregnancy is not a motivation in whole or in part with respect to your termination of employment. In terms of your entitlement, we would have to review your employment agreement to see if there are any terms that limit your notice entitlements.

The earliest a pregnancy leave can begin is 17 weeks before your due date, and this would be a job-protected Employment Standards Act, 2000 leave of absence. It would protect your job security if you took leave prior to being terminated, and they have to return you to your same role prior to the leave or if that role does not exist a comparable role in the company following your leave. And they need to consider if there is a role available for you at the time you are returning from leave.

Please contact our office for a consultation to discuss your circumstances further.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
Leave a comment