La loi vos droits

Parents - Working parents

Return to Work after Parental, Maternity or Paternity Leave

You took a leave from work for a few months to spend time with your new baby. During your leave, your boss decided to restructure the office. He assigned you to a new task and, to make things worse, you have to take a substantial pay cut. What are your rights in this situation?

Whether you’re taking parental, maternity or paternity leave, the law protects your job and working conditions. In this Infosheet, Éducaloi explains the rights that parents have when returning from these leaves.

What happens if I fail to show up at work on the day I am scheduled to return from my leave?

If you fail to show up on the date you indicated in the written notice you gave before taking your leave, your employer can presume that you have resigned.

If you want to return later than the date you had previously indicated, but still within the allowed limits for leave, you must give your employer two weeks’ written notice.

My employer is requesting a medical certificate because I returned to work 2 weeks after giving birth. Is this legal?

Yes. It is legal for your employer to ask for a medical certificate stating that you are able to return to work so soon after the birth.

When I returned to work, my employer told me that I couldn’t return to my position because he had replaced me. Does he have the right to do this?

No. At the end of your leave, your employer must let you go back to the same position. He must pay you the same salary and give you the same benefits that you had before your leave.

While I was on leave, the employees at my company got a raise. Will my salary be raised when I return?

Yes. You have a right to this salary increase and your employer must raise your wages starting on the day you return to work.

During my leave, my employer eliminated my position. The person who had replaced me in it was offered a position similar to the one I held. Is this legal?

No. If your position was eliminated during your leave, your employer must treat you as though you were at work when it happened.

You’re the one who should be offered the similar position, not the person who replaced you during your leave. The employer’s actions may be considered illegal if it appears that you would have been offered the similar position had you not taken leave.

Can a person lose their job, be demoted, transferred, or otherwise penalised because they took a maternity, paternity or parental leave?

No. The law does not allow an employer to fire or punish someone because they took a leave. If this happens, the law gives the employee a number of recourses. The employee has 45 days to file a complaint with the Commission des normes du travail (Labour Standards Commission).