Reinstating workers after leave

Employers have an obligation to return employee to former position, but there are exceptions
By Holly Reid
|Canadian HR Reporter|Last Updated: 01/11/2007

Employers generally understand they are required to reinstate an employee returning from pregnancy or parental leave to her former position.

However, this reinstatement obligation is not absolute. An employer is not obligated to reinstate the employee following her leave if the employment is ended for reasons completely unrelated to the leave. Of course, if an employer dismisses an employee following the leave, the employee remains entitled to appropriate compensation as a result of that dismissal.

The relevant principles sound simple enough. Where employers typically face problems in applying these principles are in situations where either a position previously occupied by an employee on leave is altered or terminated by a workplace reorganization or restructuring during the leave.