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Ontario Human Rights Commission
October 15th, 2007 by admin

Ontario human rights Commission

I heard that in Ontario (maybe Canada) that an employer has to hold mother‘s job for two years. ?

In my case, 1st year is payed maternity leave (EI and some top-up). 2nd year would be unpaid. Is employee legally obliged to accommodate me and hold my job? Please provide links. I tried looking in Ontario human rights Commission and Ministry of Labour, but no luck.

They are not at all obligated to do so. pregnancy/Parental leave is 17+35 weeks in length. Your employer is obligated to keep your job or a very similar for your return after that.

If you take some more time off after your parental leave ends, that is NOT considered any part of the maternity/parental leave program, and would just be considered an extended unpaid leave, time off, sabbatical, etc. There are absolutely no laws requiring your employer to even let you take unpaid leave of that length, let alone require them to keep the same job for you when you return.

The reason you’re not finding any information is because your maternity leave ends after 52 weeks. Period. If you choose to do something other than return to work you are no longer covered by the benefits of parental leave/maternity leave and the laws surrounding that.

Barbara Hall Interview – Chief Commissioner, Ontario Human Rights Commission

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