Jasmin asked:

Does an employer have the right to re-instate an employee after maternity leave, in a different position, while giving her former position to the employee that was hired during her maternity leave?

Howard Levitt answered:

Absolutely not. The Employment Standards Act (ESA) specifically prohibits that. The employee on maternity leave has an absolute right to reinstatement to her preleave position if it exists and a comparable one if it does not.

About the author

Howard Levitt, Counsel to the national law firm Lang Michener. He is author of, The Law of Dismissal in Canada, The Quick Reference Guide to Employment Law and an upcoming book on Canadian Hiring Law. He is Editor In Chief of the Dismissal & Employmnet Law Digest.

Email: hlevitt@langmichener.ca
Phone: (416) 307-4059
Website Bio: http://www.langmichener.ca/index.cfm?fuseaction=people.personDetail&id=9659.

 
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