This general guidance is correct as at 2 April 2020 but may be subject to change. Notably, while employment standards legislation was not at issue in Parry, the Tribunal also took the opportunity to comment on Vanwest’s obligations under the ESA: Vanwest appears to have taken its obligation under s. 52(3) of the Employment Standard Act to place a returning employee in her former position or a comparable one, and turned it on its head: because Ms. Parry’s position no longer existed, and there were no comparable ones, Vanwest had no further obligations to her. Pregnant women to get more job protection. To summarize, BC parents who take maternity and/or parental leave from work are entitled to job protection, within certain defined limits. Yet pregnancy and maternity are an especially vulnerable time for working women and their families. The Tribunal did acknowledge that a workplace is not “frozen” while an employee is away on maternity or parental leave, stating: (para. By Simon Read Personal finance reporter. As the majority commence their maternity leave well before the birth, this should not raise any problems for employers. There are many benefits and much job protection when you are pregnant in France. This site uses cookies to help make it more useful and reliable. Read our full legal notices here. The Coronavirus Job Retention Scheme (“the Scheme”) is open to all employers for at least three months starting from 1 March 2020. Many employers have in place contractual maternity pay policies whereby an enhanced rate of maternity pay is paid to the employee for some or all of the maternity leave period. The Coronavirus Job Retention Scheme has raised a number of queries for employers including members of staff on maternity leave or currently pregnant about to commence maternity leave and whether such employees can be furloughed. Remember, you do not have to repay SMP if you leave your job as your employer can claim back all or most of the SMP from HM Revenue and Customs. ILO Maternity Protection Resource Package – Provides guidance and tools to strengthen and extend maternity protection to all women in all types of economic activity (including in relation to maternal health, maternity leave and benefits, employment protection and non-discrimination, breastfeeding). T: (250) 940-3757 Lawyer Erin Brandt (nee Kizell), Contributor. You may have a claim for maternity discrimination if you were not consulted about changes to your job that were made because of redundancy or a reorganisation or if changes to your job were made because you were absent on maternity leave. The Scheme has raised a number of queries for employers. Normally, the employment terms and conditions are protected and employees are entitled to any pay rises and improvements in terms and conditions given during the leave. What happens if an employee’s position is eliminated during their leave as a result of a business restructuring? © 2020 Kent Employment Law. While there are certain nuanced differences between them, both the Ontario and the BC legislation: (The relevant BC provisions are found in section 54 of the ESA.). 103), ILO Maternity Protection Resource Package, World Social Protection Report 2017-19: Universal social protection to achieve the Sustainable Development Goals, Maternity and paternity at work: Law and practice across the world, ILO Database of Conditions of Work and Employment Laws. Published. At the risk of repeating ourselves, here’s a brief review of some of the legal protections available to BC employees when it comes to having children (for more details, see our earlier posts here and here): To summarize, BC parents who take maternity and/or parental leave from work are entitled to job protection, within certain defined limits. Of interest, the Board stated that had there been a serious plan in place to move the position to BC before Ms. Lamoureux announced her pregnancy, the outcome may well have been different. A pregnant employee is entitled a certain amount of unpaid maternity/parental leave from work under the ESA. Under section 13 of the Code, an employer may not discriminate against you on the basis of “. Expectant and nursing mothers require special protection to prevent harm to their or their infants' health, and they need adequate time to give birth, to recover, and to nurse their children. Kelowna BC V1Y 1P7 Following the recent extension of the Coronavirus Job Retention Scheme, the government issued formal guidance as to the operation of this extended furlough scheme on 10 November 2020. 501 – 1630 Pandosy Street Maternity Leave and Statutory Maternity Pay The position in respect of mandatory maternity leave remains the same, and so all employees must take 2 weeks (4 weeks for factory workers) following the birth of their child off work. The protections could also be extended to others, including men, who return from adoption or shared parental leave. She also cited "prohibitively expensive childcare" plus the fact that a lack of flexible working "makes it almost impossible for parents to manage their responsibilities". If an employee’s job is changed or eliminated while they are on leave, this opens an employer up to claims under both employment standards and human rights legislation, and the possibility of monetary sanctions. For example, during unpaid periods of maternity leave or parental leave. 300-848 Courtney St. One area in need of some clarification is for members of staff on maternity leave or currently pregnant about to Mothers should inform their employees of their pregnancy in writing, and enclose a medical document stating the expected date of delivery. Raising a family is a cherished goal for many working people. Our Privacy Policy explains what cookies are and how you can manage or remove them. The rules relating to any contractual or other enhanced pay will depend upon the terms of the policy or contract. Employers are encouraged to follow the correct procedures and ensure both adequate consultation with all affected staff and that the process including any selection process is properly documented. Mothers are allowed 90 days' maternity leave during which they are paid by their employer. After your leave is over, your employer must return you to the same position you held before your leave, or one that is comparable, unless the employer’s operations have been suspended or discontinued. She pointed out that Equality and Human Rights Commission research published in 2016 showed that around one in 20 mothers were actually made redundant at some point during their pregnancy, either while pregnant, during maternity leave or after returning to work. Business Department research found that one in nine women had been fired or made redundant when they return to work after having a child, or were treated so badly they felt forced out of their job. The study reviews national law and practice on both maternity and paternity at work in 185 countries and territories including leave, benefits, employment protection, health protection, breastfeeding arrangements at work and childcare. In our view, the similarities between the relevant provisions of the Ontario Employment Standards Act and our own ESA suggest that a claim like Ms. Lamoureux’s could be made in British Columbia. You are allowed 16 weeks maternity leave; for the third child, maternity leave is 26 weeks. A government consultation has suggested that new parents who return to work after having children should have their job protected for six months afterwards. At the same time, they also require protection to ensure that they will not lose their job simply because of pregnancy or maternity leave. Business Minister Kelly Tolhurst said: "Pregnancy and maternity discrimination is illegal, but some new mothers still find unacceptable attitudes on their return to work which effectively forces them out of their jobs.". If you are offered a different job on return from maternity leave or changes are made to your terms and conditions, you should get legal advice. It is therefore important however, to consider the rights for women returning from maternity leave facing similar situations such as redundancy, in that they would of course, receive a certain degree of protection. 24 January 2019. How can you find out if you're getting equal pay? "The problem isn't the law - the law is very clear, it is illegal to make someone redundant due to pregnancy or maternity," she said. W:, Victoria Office Please, The government is concerned that too many parents encounter difficulties when returning to work. Furthermore, failing to return an employee to the position they held prior to their leave is inconsistent with “sustainable employment” practices, which are characterized by fairness, respect and transparency, and which benefit both employers and employees. On the evidence before it, the Board concluded that the job was moved only because of Ms. Lamoureux’s leave and therefore that the employer violated Ontario employment standards legislation by transferring the position while she was on leave. The Government guidance does not suggest that employees who are pregnant cannot be furloughed. It says that if you have been employed for at least one year by the company you now work for, and work at least 25 hours a week, you can take up to 12 weeks of unpaid, job-protected leave in any 12-month period for the birth of your baby. Women who return to work after maternity leave will be offered better job protection than their colleagues under proposals by ministers to counter discrimination … We strongly recommend that specific advice is sought as needed. "It's a multifaceted problem requiring a change in attitude and culture, as well as legislation, but stronger legal protection is a very welcome first step.". VideoThe Russian provinces buckling under Covid-19, New York imposes 'last chance' virus restrictions, No 10 exit much more than a random resignation. In Melanie Lamoureux v. JYSK Linen N Furniture Inc., while Ms. Lamoureux was on pregnancy and parental leave from her job at JYSK’s office in Mississauga, her employer took the opportunity to relocate her position from Ontario to British Columbia, and to give the BC job to another employee. 107, Occupational Safety and Health - A Guide for Labour Inspectors and other stakeholders, Global Action to Improve the Recruitment Framework of Labour Migration (REFRAME), Global Media Competition on Labour Migration, Workplace health promotion and well-being, Occupational Safety and Health Inspection, Eliminating Violence and Harassment in the World of Work, Maternity and paternity at work: Law and practice across the world, Employees social security : benefits, returns, right and responsibilities, Questions and answers about maternity at work, Millenium Development Goal n°5: Improve maternal health, Other relevant International Conventions and Recommendations, Database of Conditions of Work and Employment Laws, A review of national legislation (2nd edition), Conditions of Work and Employment Programme (TRAVAIL).

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