Ontario: My job was cut after parental leave, then advertised again — what can I claim?

Scenario

You return from parental leave and are told your job has disappeared. Soon afterwards, you see a similar vacancy advertised. You have already signed a release for an extra payment and want to know whether you can still challenge the dismissal.

What the law says

You normally have the right to return to the same job, or a comparable job if it no longer exists, at no less than your pre-leave pay, including increases you would have received. Ontario’s ESA prohibits penalising you for taking protected leave. An employer can dismiss for reasons entirely unrelated to the leave; the new advertisement is evidence to investigate, rather than conclusive proof. ESA minimum rights cannot be waived by a release. Other claims and the release’s validity require individual review.

What you can claim

For an unlawful refusal to reinstate or leave-related reprisal, you can seek reinstatement and compensation for resulting losses under the ESA. Record lost wages and benefits, replacement earnings and job-search expenses; there is no fixed payout. A Human Rights Tribunal of Ontario claim may also seek lost income and compensation for injury to dignity where discrimination is proved.

For a qualifying termination, check any unpaid ESA notice or termination pay: generally 1–8 weeks of regular weekly wages, depending on service and exceptions, with benefits maintained through the statutory notice period. Qualifying statutory severance is separate. Payments already received and the scope of the release affect what remains recoverable.

What the employee can do

1. Save the leave approval, return plan, old job description, dismissal letter, release and a dated copy of the vacancy. Write a timeline linking the leave, dismissal and new advertisement.

2. Send HR a written request explaining the overlap in duties and asking why reinstatement was refused. Take the release and all signing communications to an Ontario employment lawyer or legal clinic before accepting further terms.

3. File an ESA claim with Ontario’s Ministry of Labour, Immigration, Training and Skills Development, generally within two years of the violation. For discrimination, apply to the Human Rights Tribunal of Ontario generally within one year of the incident or last incident in a series. Get advice on overlapping routes before filing; an employer complaint does not preserve these deadlines.

Common misconception, corrected

Signing a release does not automatically end every right, and a reposted job does not automatically invalidate the release. The statutory floor, the agreement and any alleged misleading statements need separate assessment.

Matching guides

Read Compare the Ontario return-to-work rules.

Read Prepare records when leave leads to resignation pressure.