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Posts Tagged ‘maternity leave’

$450-million EI class-action lawsuit

Wednesday, February 8th, 2012

The federal government is facing a $450-million class-action lawsuit for failing to provide sickness employment Insurance benefits to women already receiving maternity EI benefits while on maternity leave. The aim of the lawsuit is to ensure no other new mother who becomes seriously ill during maternity leave has to fight for sickness benefits.

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Tags: $450 million class action lawsuit, EI benefits, EI class action lawsuit, EI compassionate care benefits, EI parental benefits, EI sickness benefits, Employment Insurance Act, employment law, leave of absence from work, maternity employment insurance benefits, maternity leave, parental leave, pregnancy, seriously ill during maternity leave, Service Canada, sickness benefits, sickness employment Insurance benefits
Posted in Benefits, Employment Standards, Human Resources, Payroll | Make a Comment »

Adoptive mothers not allowed maternity leave

Monday, January 30th, 2012

Under employment standards legislation, birth mothers receive a total of 52 weeks of leave when they combine maternity (17 weeks) and parental leave (35 weeks), and are entitled to receive a total of 50 weeks of EI benefits (15 weeks maternity, 35 weeks parental) for that period. However, the same benefits are not available to adoptive mothers, who only receive 37 weeks of parental leave and 35 weeks of EI benefits. Now a new movement to challenge the law to provide equal EI benefits to adoptive parents is gaining momentum…

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Tags: Adoptive mothers, Adoptive parents, biological mothers, birth mothers, canadian charter of rights and freedoms, discrimination, EI benefits, Employment Insurance, Employment Insurance Act, employment law, Employment Standards legislation, federal court of appeal, maternity leave, maternity leave benefits, parental leave, parental leave benefits, physiological and psychological experience, pregnancy and childbirth, pregnancy leave, Section 15(1) of the Charter, Supreme Court of Canada, Tomasson v. Canada (Attorney General)
Posted in Benefits, Employment Standards, Human Resources, Payroll | 1 Comment »

Myths and misunderstandings regarding employees on leave

Thursday, December 1st, 2011

As more employees spend time on leaves of absence, employers seem to be struggling to understand their rights and obligations…

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Tags: accommodation, Costco, Disability, Disability benefits, disability insurance, disability management, downsizing, duty to accommodate, eligibility for disability benefits, employment law, frustration of contract, Leaves of absence, maternity leave, medical evidence, medical leave, ongoing absence, parental leave, pregnancy leave, Return to work, right-sizing, terminating employee on leave, termination, undue hardship, wrongful dismissal
Posted in Benefits, Employment Standards, Human Resources, Human Rights, Payroll | 3 Comments »

The underrepresentation of women in the workplace

Friday, October 22nd, 2010

I just read an interesting report about women in the workplace. Essentially, the report suggests that women remain underrepresented relative to their male counterparts, even though they form a highly educated and skilled labour pool in the market. Given the skills shortage that is expected to occur in the near future due to mass retirements of senior baby boomer workers, this is an unsettling finding. But why is this happening?

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Tags: childbearing, education, financial penalty, gender equality, gender wage gap, highly educated and skilled labour pool in the market, labour force intermittency, maternity leave, motherhood, pay equity, pregnancy, report, skills shortage, underrepresentation, unexplained gap, wage gap, wage penalties, women, women in the workplace, workplace
Posted in Human Resources, Recruiting and Hiring | 5 Comments »

Women in the workplace Part II: why is Canada lagging in wage gap ranking?

Friday, October 15th, 2010

I have been reading some interesting articles recently regarding women in the workplace. A recent report put Canada at number 20 in a global measure of equality between men and women. Canada was actually rated number 33 in the world concerning earned income gaps. Why is this still happening?

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Tags: Canada, earned income gaps, education and experience, equality between men and women, labour force intermittency, managment, maternity leave, motherhood and workforce attitudes, pay equity, professionals, salary, skills, support and encourage women in business, wage gap, wage gap ranking, Women executives, women in the workplace, Work hours, Workplace discrimination
Posted in Compensation, Employment Standards, Human Resources, Human Rights, Payroll | Make a Comment »

Protection for pregnant women strengthened by Ontario and British Columbia courts

Tuesday, August 17th, 2010

In a decision released on July 19, 2010, the Human Rights Tribunal of Ontario held that an employee who was fired because she was pregnant had been discriminated against on a prohibited ground…

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Tags: British Columbia, constructive dismissal, discrimination, discrimination based on sex, Dismissal, human rights code, human rights tribunal, maternity leave, ontario, pregnancy and the workplace, pregnancy leave, prohibited ground of discrimination, repudiation of the employment relationship, small claims court, termination
Posted in Employment Standards, Human Resources, Human Rights | Make a Comment »

Reinstating employees after pregnancy leave

Tuesday, March 16th, 2010

Employers might not be clear on what happens after a female employee returns from her pregnancy/maternity leave of absence. Does the employee have to be reinstated to the exact position once she returns to work? Is it acceptable to place the employee in a different yet similar position? What if that position does not exist any longer? What if the employee must be terminated for other reasons not having to do with the pregnancy?

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Tags: canadian employment law, comparable position, employee leave of absence, employment standards act, human rights, leave of absence, maternity leave, pregnagncy leave, pregnancy leave, reinstatement
Posted in Employment Standards, Human Resources | 1 Comment »

Could human rights law increase some kinds of discrimination?

Wednesday, December 23rd, 2009

Here’s a question that probably few lawmakers are interested in asking themselves: does human rights legislation make the people it is designed to protect less desirable to employers?

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Tags: accommodation, discrimination, flexible work arrangements, hiring, maternity leave, pregnancy, pregnancy and the workplace
Posted in Human Resources, Human Rights | 3 Comments »

Tribunal awards $35,000 to fired pregnant employee

Wednesday, November 11th, 2009

The Ontario Human Rights Tribunal recently awarded a woman $35,000 after her employer fired her when she revealed on her first day of work that she was four months pregnant. (The award covered $20,000 in lost wages and benefits, and $15,000 for injury to dignity, feelings and self-respect.) In addition to the damage award, given the overwhelming number of women working for the employer, the tribunal ordered the company to implement and distribute a written policy on the accommodation of pregnancy to ensure future compliance.

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Tags: employment standards, feelings and self-respect, firing pregnant employee, HR issues, HR policy, Human Resources, human rights, injury to dignity, interview and human rights, maternity leave, ontario employment standards act, Ontario Human Rights Code, Ontario Human Rights Tribunal, parental leave, policy, policy manual, pregnancy, pregnancy and the workplace, terminating a pregnant employee, terminating an employee on maternity/parental leave, termination
Posted in Employment Standards, Human Resources, Human Rights | 3 Comments »

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      CommentLeslie D Foreman:
      I agree with the court decision. Granting a full 52 weeks leave for an adoptive...

      CommentDr. Mike Michael:
      While there are many factors associated with depression, a main cause is the...

      CommentAndrew Taillon:
      Thanks Chris. I would suggest that the confusion arises from the way damages were...



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