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Back After Baby: Return-to-work Rights for Moms

Mar 2, 2009 12:45 pm

In my practice as a lawyer, I have seen a number of recent cases where a woman planning to return to her job after taking maternity leave, is informed by her employer that her job no longer exists and that her employment must therefore be terminated. What many women do not realize is that they have a legal right to be reinstated back into their jobs when they return from maternity leave.

The provision in Ontario’s law is written in mandatory form. That means that your employer must take you back to work when your maternity leave ends and provide you with the same job that you left behind when you went on maternity leave. Also, upon your return to work, your pay must be the greater of either: (a) the salary that you were earning when you first went on maternity leave; or (b) the salary that you would have been earning (at the date you return to work), if you had not taken maternity leave at all.

Make. Work. Better.

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Allan M. Kaufman
Allan M. Kaufman, B.A., L.L.B., B.C.L. (Oxon) is a Toronto lawyer specializing in employment law. He can be contacted for questions about this subject at: a.kaufman@bellnet.ca or call (416) 364-1068.