Terminated while pregnant or on maternity leave
in Ontario
Was your job ended while you were pregnant, on leave, or soon after you returned? Information for employees in Ontario, with advice online by video or phone.
Initial consultation free for employment and human rights matters.
In Ontario, pregnancy and parental leave are protected by the Employment Standards Act, and pregnancy is protected under the Human Rights Code as part of the ground of sex. An employer cannot end employment, or penalize an employee, because of a pregnancy or a leave. A termination during or after leave is not automatically unlawful, but the employer must be able to show it was unrelated.
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More about severance reviews →Reinstatement and return
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Pregnancy and parental leave under the Act
Under the Employment Standards Act, 2000, these leaves are unpaid and job-protected. Employment Insurance benefits are a separate federal program with their own rules.
- Pregnancy leave: up to 17 weeks, for an employee who started employment at least 13 weeks before the due date. It can be longer in some situations.
- Parental leave: up to 61 weeks for a birth parent who took pregnancy leave, and up to 63 weeks for other new parents, after at least 13 weeks of employment.
- Notice: two weeks' written notice is generally required to start leave, but missing it does not remove the right to the leave.
The right to return
At the end of the leave, an employee generally has the right to return to the same job, or to a comparable job if the original no longer exists, at no less than the pay they would have earned had they not been on leave. Ontario's guide says an employer can avoid reinstatement only if the termination was totally unrelated to the leave.
Common concerns include a role given to a replacement, a restructuring announced during the leave, reduced duties or hours on return, or a performance concern raised for the first time after the leave.
Reprisal and discrimination
The Act prohibits reprisal for taking, planning to take, being eligible for or asking about pregnancy or parental leave. In a reprisal complaint under the Act, the employer generally has to prove it did not act for a prohibited reason.
The Human Rights Code separately protects against discrimination because of pregnancy and family status. Where a pregnancy, a leave or childcare responsibilities were a factor in the decision, even one factor among several, the termination may be discriminatory.
Signs that the pregnancy or leave may have been a factor
- The termination came soon after the employee announced the pregnancy or requested leave.
- A restructuring or performance concern was raised for the first time during the leave.
- The replacement kept the role after the employee's return date.
- Hours, duties or pay were reduced on return, or the employee was offered a lesser role.
- Comments were made about childcare, family plans or availability.
Benefits during leave
During pregnancy and parental leave, the Act generally requires an employer to keep paying its share of certain benefit plan contributions, such as health, dental and pension, unless the employee chooses not to pay their own share. Seniority and length of service generally continue to accrue during the leave. A change to benefits that happened only because of the leave can be a sign of a problem.
Notice, severance and time limits
If employment ends without cause, notice or pay in lieu under the Act, and depending on the contract, reasonable notice under the common law, are still owed. Time on leave generally counts toward length of service.
An application to the Human Rights Tribunal of Ontario generally must be filed within one year of the last incident. A claim under the Act generally has a two-year limit, as does a court claim for wrongful dismissal. A lawyer can explain which route fits. Consultations are online by video or phone, across Ontario. Initial consultation free for employment and human rights matters.
Related: Employment law · Human rights at work (guide) · Wrongful dismissal
General information, not legal advice. Last reviewed: October 2026 · Lutfi Law
Common questions
Still unsure? Our assistant can answer general questions any time.
Ask the AI assistantCan my employer terminate me while I am pregnant?
Not because of the pregnancy. Pregnancy is protected under the Human Rights Code, and the Act protects pregnancy leave. A termination for an unrelated reason can still be lawful, but notice or pay in lieu is owed.
How long is maternity and parental leave in Ontario?
Pregnancy leave is up to 17 weeks. Parental leave is up to 61 weeks for a birth parent who took pregnancy leave and up to 63 weeks for other parents.
My job was given to my replacement. Do I have a right to return?
Generally, yes, to the same job or a comparable one if it no longer exists, unless the termination was totally unrelated to the leave.
How long do I have to act?
Generally one year for a human rights application and two years for an ESA claim or a court claim.
Is the first consultation free?
Initial consultation free for employment and human rights matters.
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