Laid Off During Mat Leave – Momma Blog Feature

03/31/2017

Hi, I’m Chantal- wife of Steve, Momma to Natalie, Layla & Olivia, Photographer, Blogger, and Dreamer. I started blogging in 2017 to find fun, local family gems in Alberta. I love inspiring families to create memories with the activities I find and appreciate the insight I gain through the parenting stories I share. I am a stay at home mom in the prairies and I help with my family’s toy store business. I believe in supporting local businesses to keep our communities vibrant.

Laid Off During Maternity Leave

By Chantal Aird

I was cuddling with my third daughter and chatting to my husband about returning back to work after my third maternity leave.  While we were chatting my husband asked, “Did you get a return of leave letter yet?” I had to pause. Usually our company would send a letter outlining my return date, details of position, etc… a few weeks before my leave end date.  No letter had been sent yet. So, I decided to email my boss to check in, she responded back asking when I would be free for a “meeting.”  I was aware that the structure of our organization was changing and I knew changes were coming. The economy was also not faring well and although I did not want to be negative I knew there was the possibility of losing my job.  We met at a coffee shop and I was informed that due to the economy and a restructure, my position was being eliminated.  The effective date of termination was dated for my first day back at work.  I was handed a severance package and wished well before we both left the coffee shop. Before signing off on the package, I wanted to review the law and speak to a lawyer.

Your rights in Alberta Do you know your rights in the workplace? Alberta Employment Standards States:

“An employer cannot terminate an employee on maternity or parental leave, unless the employer suspends or discontinues the business. Employees returning from maternity or parental leave must be reinstated in the same or a comparable position with earnings and other benefits at least equal to those received when the leave began.”

With my HR background, reviewing Employment Standards and meeting with an Employment lawyer, the employer in my case did everything legally. Some will argue that it can be done legally but it doesn’t make it right or allow very good PR on how the company treats its employee; regardless, these decisions happen and I felt it was important to share it so you become more informed. Our company restructure and role elimination had nothing to do with me being on leave or my pregnancy and therefore, they were able to lay me off.

My Advice for Others

This can be a very stressful time, you may not even know where to start. Here are a few things I learned from my situation:

• Educate yourself on the laws and your rights in your province and Canada
• Find out about severance packages in your specific workplace. You may want to speak to an Employment Lawyer and have them review your specific package if you are offered severance.
• If you come from a unionized workplace, review your collective agreement, get in touch with your union representative if necessary.
• Don’t sign your paperwork until you are aware of all the conditions and feel confident doing so. It’s ok to negotiate terms or clarify if something doesn’t look right. For example, your employer may be willing to put off your Severance Payments until your Maternity Employment Insurance has ended so the payments do not affect this. If you’re comfortable, talk to the HR department or contact listed on your paperwork. If you are not comfortable, you may want to hire a lawyer to do the negotiations for you.
• You may not have enough insurable hours to qualify for Employment Insurance if you are laid off during maternity leave. However, Severance Pay may be deemed as Employment Earnings and can count towards your hours. Speak to Service Canada to clarify.
• This can be hard while on leave; but, keep your skills sharpened; attend a workshop, networking event, class, etc…A best defense is an offense!
• Keep your resume polished! Ensure your references are up to date, keep any performance evaluations or recommendations.
• While on leave, stay connected with your office. Some employers allow remote email access, check your inbox once in a while (this can helps gauge how the company is doing). Having a social media presence, like a profile on LinkedIn, can help you stay connected and help with networking in the future.

You will go through a range of emotions, I was a roller coaster full of fear, embarrassment, sadness, anger and finally contentment (it does come, once you become confident in your next step decision…it will also lead to excitement for a new chapter in your life).

I am thankful for the opportunities that I had with my previous employer for the eight years I was there. I gained experience, knowledge and met wonderful colleagues.  Now, I proudly wear the stay at home mom badge as being a parent is the most important role in the world.

To follow her journey, check her out on Facebook: facebook.com/3chicks1hen