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Posts Tagged ‘pregnancy leave’

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 »

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 »

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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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