It’s hard to believe that such a large hotel company managed by one of the top managment companies would terminate employees while there on parental and maternity leave. For such a family orientated besiness. I am shocked and disgusted on how my fellow employee was handed an record of employment saying he quit his job when he so obviously didnt. And the way you cover your own ass is quite disgraceful. You lost one of the hardest and most committed person in the work force that I know.
—A fellow employee
This article appears in Dec 31, 2009 – Jan 6, 2010.
It’s also illegal. I hope you’re fellow employee contacts the Labour Board ASAP. Granted, there may be more to the story but Labour Standards states:
59G (1) When an employee returns to work upon the expiry of a leave of absence [ maternity or parental ] taken pursuant to Section 59, 59A or 59B or returns to work pursuant to Section 59C, the employer shall permit the employee to resume work
(a) in the position held by the employee immediately before the leave began or, where that position is not available, in a comparable position with not less than the same wages and benefits; and
(b) with no loss of seniority or benefits accrued to the commencement of the leave
Good luck!
-HR Gal
As long as appropriate separation pay was made in accordance with Employment Standards (and accepted) there’s nothing illegal about it. You’d never convince a court the employer should dismiss some other employee to ensure a position is available for mom returning to work and if they’re down-sizing, there, you’re all done. Find a new job, HR Gal.
As an aside, I’ve always wondered why we reward people for reproducing…
Is this the same hotel company that eliminated most of its middle management a few years back by coming up with trumped up charges such as stealing so they could fire them?
the private sector is in the shits so bad even top end managed corps. are doing anything to trim their bottom end; and when they do things contrary to labour standards they are banking on the employee not to pursue it knowing theres a good chance they won’t it’s truly ugly out there
Isn’t someone on mat leave considered to still be an employee? And aren’t all employees subject to layoffs (in a non union environment — and in a union environment, someone on mat leave might be eligible for a layoff)?
I was under the impression that someone couldn’t be fired for going on mat leave, but if they’re still considered an employee why can’t they be laid off too? Those on parental leave (maternity, paternity) are still considered full employees of the company, right (whether they were considered PT or FT beforehand)? Then why should they be given special protection against layoffs that any other employee would face just because they popped out a kid?
And think of it like this: in a union environment, someone could go on mat leave and still get laid off if their number was up when the company downsized. The union and membership would go NUTS is someone was passed over for a layoff and someone with more seniority (or whatever terms are dictated in the collective agreement — usually seniority) was laid off because someone else was on mat leave.
Isn’t it just illegal to fire someone on maternity leave? A layoff isn’t firing.
I’m not saying that this probably wasn’t a douche move on the part of the company, but legally they probably had every right to layoff your co worker, OP.
Think that’s bad? In Australia… never mind.
Hey, to get this new “paternal” paid leave….do I actually have to live with the bitch, or can I just get money for knocking her up??
Gotta love the entitlement bonanza…
For once I agree with Frosty. The whole parental/maternity leave is a crock of shit and I hate the fact that my taxes provide paid time off for people just because they chose to breed. My mother didn’t get paid to be off work when she had my sister and I. This idea that these people “deserve” to be paid by the government just because they’re having a kid is completely prejudiced. If I decide to go backpacking through Europe for a year, do I get paid? No! Why not? It’s a life choice I’m making, just the same as someone choosing to have a kid. It’s a completely biased system that should be put to an end.
NeverWrong and cosmolilly… did you ever think the time off is not for the parents who chose to procreate but for the child who deserves BETTER than what you got from your working-stiff, taxpayer parents? The MAJORITY of the world will procreate despite your personal issues or inexperience with pregnancy and newborns. Why can’t you be proud of the fact that Canadian children will have a chance at breast milk and healthy bonding? Perhaps you should consider moving south of the border where nobody wants to care about anybody else or their children at least where their pocket books are concerned, I’m sure you’ll appreciate the tax “break”.
Frosty, too bad. I thought you were cool. Now I see you’re good to be a sperm donor and that’s about it. Are you really talking about the mother of your child or is this disappointment wrapped up in some kind of hands-off procreation fantasy?
NW and CL, right on, I agree wholeheartedly.
Kay, I agree with you that it’s probably better for a child to have that bonding time with their new parent(s). That said, it shouldn’t be the responsibility of the taxpayers to provide them with that time. If you want to have a kid, and you want to have 6, 9, 12 months off and paid to bond with them, then save your money before you reproduce. The notion that an employer and/or the government should pay people for work that they’re not doing is ludicrous.
I’m self-employed and I don’t work from home. You can be certain that if I ever have kids (no plans at present) it won’t be without sufficient planning and saving to make sure it’s done right, without sponging off equally hard-working people. There’s better things for the government to spend money on.
Hey Kay,
If you’ll actually take the time to read my response, I indicated that ‘there may be more to the story’ thus suggesting that the OP did not include all of the facts in the post. At no point did the OP state ‘Layoff’ hence my quoting the applicable Article in Nova Scotia Labour Standards. Check it out – you may learn something.
– HR Gal
Taxpayers don’t pay for parental benefits you stupid fucks-employees pay into EI and have earned our parental time. EI actually has a huge surplus of accrued unpaid benefits that are accumulating interest so no one is missing the $ from parents spending time with their children. Next time you wound yourself at work or are unable to continue due to sickness you should be ineligible to collect EI as well for your sheer and utter idiocy. Frosty-you should be castrated for your ignorant misogyny.