Employment law in Ontario provides strong job protection for employees on leave, but many wonder whether termination is allowed during an approved leave. This blog post examines your rights and the conditions under which an employer may—or may not—terminate your employment while you are on leave.

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Job Protection Under the ESA

The Employment Standards Act (ESA) guarantees that employees who take leave—such as sick leave, parental leave, or disability leave—are entitled to job protection. This means that while you are on an approved leave, your employer is required to hold your position or a comparable one for your return.

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Circumstances Where Termination May Occur

However, there are limited circumstances under which an employer might terminate an employee on leave:

• Redundancy or Restructuring: If your position is eliminated for reasons unrelated to your leave (e.g., company downsizing or restructuring), the termination may be considered lawful. In such cases, you are entitled to notice, or termination pay as outlined by the ESA.

• Misconduct: If you commit a serious breach of company policies or engage in misconduct unrelated to your leave, termination may be justified.

• Constructive Dismissal: If an employer makes significant changes to your employment terms during your leave, it could be considered constructive dismissal, which may entitle you to legal recourse.

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Legal Protections and Employer Obligations

Employers are prohibited from terminating your employment solely because you have taken protected leave. If you are fired while on leave and you believe the termination is related to your leave, you may have grounds for a wrongful dismissal claim or a human rights complaint.

• Reinstatement Rights: Upon your return from leave, you have the right to be reinstated to your former position or a comparable role with equivalent pay and benefits.

• Retaliation Protection: It is illegal for an employer to retaliate against you for taking leave. If you experience any adverse employment actions upon your return, you should document the incidents and consider seeking legal advice.

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What to Do If You’re Terminated on Leave

If you find yourself terminated while on leave:

1. Review the Reason for Termination: Request a written explanation from your employer.

2. Document Your Case: Collect any correspondence, your leave approval documents, and any evidence suggesting that your leave was a factor in your termination.

3. Consult Legal Help: Contact an employment lawyer to assess your situation and determine whether you have grounds for a wrongful dismissal or human rights claim.

4. File a Complaint: Depending on the circumstances, you may file a complaint with the Ministry of Labour or pursue a lawsuit.

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Free Consultation with Ottawa Employment Lawyers 

While Ontario law provides robust protections for employees on leave, certain situations may lead to termination that is not related to your leave status. Understanding your rights and the conditions under which termination is allowed can empower you to protect yourself. If you believe you were wrongfully terminated while on leave, please do not hesitate to reach out to our team of experienced Ottawa employment lawyers for a free legal consultation. Randy Ai Law Office can be contacted at (343) 321-0800 or fill out our contact form.