Returning to Work from Maternity or Parental Leave

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Can an employer significantly change your job duties while you are on parental leave?

Pursuant to the Employment Standards Act, in most cases, an employee who takes pregnancy/parental leave is entitled to return to the same role or a comparable role the employee had before the leave began, or a comparable role if the employee’s former position no longer exists.

If an employee experiences significant changes to the terms of their employment, then they may be entitled to bring a claim for constructive dismissal. 

Has your role been improperly changed following a parental leave?

– Garry J. Wise, Toronto

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