I recently had a client who, upon returning from her authorized maternity leave, was advised that her hours had been reduced by a third; she would now have to work every Sunday, rather than through a rotation, and a previous accommodation due to family responsibilities would no longer be available to her.
Employees should remember that while maternity and parental leave - and yes, parental leave can be taken by men as well - might be a bit disruptive to an employer, it does not allow the employer to significantly alter the terms and conditions of employment with the person on leave.
For up to a year (i.e., 52 weeks) a female employee can take the maternity and parental leave options. When she returns, she must be given her regular job back with the same responsibilities and same pay and benefits. The only way this may be changed is if the former job no longer exists. Then the employee must be offered a similar position.
I shake my head when employers fail to comply with the specific guidelines in this matter. Employers can replace the person who is on maternity/parental leave, but only on a short term or temporary basis. It may be a great opportunity to cross-train employees should the employee on leave decide not to return, but when the employee does return, it is their job again.
Not managing the maternity/parental absence productively can have long-term negative consequences. These include fines, charges for discrimination under the Human Rights Code, and a negative reputation for the company, especially if the situation gets some publicity.
The potential negative results far outweigh any inconvenience it takes to handle maternal/parental leave properly and professionally.
