Published on: June 10, 2025
In Ontario, the Employment Standards Act, 2000 (ESA) protects employees from being fired because of taking a protected leave, like maternity, parental, or medical leave. If your termination smells like it’s tied to your leave, it could be wrongful dismissal and even a human rights violation. It’s a big deal — and it’s worth unpacking properly.
Protected Leaves under the ESA.
The ESA guarantees certain leaves, including:
- Maternity and Parental Leave: Up to 17 weeks for pregnancy and 63 weeks for new parents.
- Sick Leave: Up to 3 days unpaid (more in some cases).
- Family Medical Leave: Up to 28 weeks to care for a loved one.
You can’t be penalized for taking these leaves. If you’re let go right after returning or while on leave, your employer better have a rock-solid reason unrelated to your absence. For example, if the company’s shutting down its Toronto office, that’s one thing. But if their reasoning for terminating you is just “restructuring” and you suspect it’s because you took parental leave… That’s a red flag.
Can you sue your employer?
Getting let go after a leave doesn’t automatically mean you have a case, but it raises eyebrows. You may have a case and could sue your employer if:
- It’s linked to your leave.
- You didn’t get proper notice or pay in lieu as required by the ESA.
- Your employer violates the Ontario Human Rights Code by discriminating based on things like pregnancy or disability.
- Let’s say you’re back from maternity leave, and suddenly your role is “no longer needed.”
If your employer can’t prove the decision was unrelated to your leave, you might have a case. Courts don’t mess around with this stuff—especially in Ontario, where protecting workers is a big deal.
Notice Periods: What You’re Owed
If your termination is legit (not tied to your leave), you’re still entitled to notice or pay in lieu under the ESA. Here’s a quick refresher:
Less than 1 year: 1 week
1 to 3 years: 2 weeks
3 to 4 years: 3 weeks
…
Up to 8 years or more: 8 weeks
But wait—there’s more! Common law could entitle you to weigh more notice, sometimes up to 24 months, depending on your age, job, and how long you’ve been there. An employment lawyer can help you figure out what’s fair. I’ve seen cases where someone got a measly two weeks’ pay after 10 years—yep, they called a lawyer, and it made a difference.
Human Rights and Discrimination: The Extra Layer
If your employer let you go because you took a leave — maybe after a pregnancy, a disability-related break, or time off to care for your mental health — that could be a violation of the Ontario Human Rights Code.
Letting someone go just for taking time to care for a sick child or manage their health?
That’s not just unfair — it could be illegal. That’s not just wrongful dismissal—it’s discrimination.
You could file a claim with the Human Rights Tribunal of Ontario, and trust me, employers don’t want that headache.
Figuring Out Your Next Step after Being Let Go
Feeling like you’ve been unfairly terminated?
Here’s your game plan:
Don’t Sign Anything Right Away: Employers might offer a severance package to sign on the spot. Hold off—talk to an employment lawyer first.
Document Everything: Save emails, performance reviews, or notes about your leave and return.
Check Your Contract: Does it mention notice periods? It might limit your common law rights, but it can’t go below ESA minimums.
Call an Employment Lawyer: At Taman Singh Law, we’ve helped folks from Mississauga to Ottawa navigate these situations. A quick consult can tell you if you’ve got a case.
Final word
We get it—being let go feels like a punch in the gut, especially after a leave. Whether you’re in Brampton, Barrie, or beyond, our Ontario-based team at Taman Singh Law knows the ins and outs of termination and wrongful dismissal. We’re not here to throw around legal jargon; we’re here to give you clear, actionable understanding. Wondering if your termination was above board? Let’s chat and make sure you’re treated fairly?
Disclaimer: This post shares general information — not legal advice. Your situation is unique, so it’s best to speak with a lawyer for guidance tailored to you.
Think your termination wasn’t fair? Let’s talk.
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About The Author
Taman Singh is an employment lawyer with a focused practice in wrongful dismissals and severance negotiations. He is dedicated to advocating for employees and ensuring they receive the compensation they are rightfully owed. With a sharp understanding of Ontario employment law and a results-driven approach, Taman consistently helps clients navigate complex workplace disputes and maximize their severance packages.
