Published on: April 29, 2025
You’re on leave—maybe recovering from surgery or spending time with your newborn—and then it happens. A message from HR. A phone call from your boss. Suddenly, your job feels less secure, and you start to wonder if your employer is about to fire you.
If you’re asking, “Can you be fired while I’m on leave?”—you’re not alone. And you’re right to ask.
Let’s walk through what the law says, and more importantly, what it means for you if you’re in this situation.
First, can your employer legally fire you while you’re on leave?
In short: it depends on the reason.
Ontario’s Employment Standards Act (ESA) protects your job while you’re on certain types of leave—including:
• Parental leave
• Pregnancy leave
• Medical leave
• Family caregiver leave
• Organ donor leave
• Bereavement leave
• Critical illness leave
Your employer can’t fire you because you took one of these protected leaves. You can treat it as wrongful dismissal when an employer takes action against you as a form of reprisal.
So When Can an Employer Terminate You During Leave?
This is where it gets a bit more complex.
The law does not guarantee total immunity from termination—but it does guarantee that your leave can’t be the reason for it.
If an employer can prove there were legitimate business reasons unrelated to your leave—like a company-wide layoff or restructuring—they may still legally end your employment. But the timing matters. A lot.
If your employer singles you out or their explanation doesn’t quite add up, you might be dealing with a wrongful dismissal.
What If It Happens Right After I Return?
This is one of the most common red flags.
You return from leave—and within weeks, your employer terminate you, saying they no longer need you or have changed your position. It may not look like a direct firing during leave, but that doesn’t always hold up legally.
That pattern can suggest retaliation—especially if the termination follows soon after your return.
This could fall under what’s called constructive dismissal, where the job becomes so different—or the treatment so hostile—it’s as if you were fired.
What You’re Entitled to If It Wasn’t Legal
If your employer ends your employment because you took leave—or right after you return—you may be entitled to:
• Full severance pay (more than just ESA minimums)
• Human rights damages if discrimination is involved
• Reinstatement, in rare cases
Every situation is different—but these aren’t automatic. Your employer may owe you human rights damages if they discriminate against you.
What to Do If You’re Let Go During or After Leave
Take a breath. Then start with these steps:
Don’t sign anything yet. Severance packages often include waivers of your rights.
Save all communication. Emails, call logs, termination letters—everything helps.
Write down the timeline. Include your leave dates, notice given, and how the termination happened.
Talk to an employment lawyer. Especially one who understands how leave protections and wrongful dismissal claims intersect.
This Isn’t Just About a Job. It’s About Fairness.
Nobody should have to choose between their health, their family, and their job.
But too often, people assume they don’t have options—or feel pressure to “just move on” after being fired. If the timing felt off, trust that instinct.
Want to better understand your rights?
Taman Singh Law has worked with employees across Ontario who’ve faced similar situations—and we’re here to help you move forward with clarity.
???? Email: taman@rzcdlaw.com
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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.
