Employment includes full- time work, part- time work, volunteer work, student internships, special employment programs, probationary employment. Other relevant pregnancy- related legislation and protections. Pregnant women have significant legislated rights in addition to those under the Code, most importantly under the Ontario Employment Standards Act (ESA) and the federal Employment Insurance Act (EIA). These rights may overlap with Code protections, or may provide additional protections.
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Official website for the Government of Saskatchewan. Resources for residents and businesses. Find information on provincial programs and services, jobs, education, health, families, First Nations, immigration, taxes. Evacuee Information emergency.alberta.ca 4310-4455 Persons with Developmental Disabilities (PDD) Individuals and families needing human, financial, or in-kind assistance to connect with loved ones or find accommodations can. Breast milk contains many vital nutrients and minerals that protect against infant mortality. Many infants in Africa suffer from malnutrition because their mothers do not breastfeed them. The mothers in South Africa that do.
It is important to remember that these pieces of legislation have purposes that may differ from those of the Code, and are aimed at providing minimum standards only. The Code has primacy over provincial legislation. This means that where there is a conflict between rights under the Code and rights under the other provincial legislation, the Code takes precedence unless the legislation specifically states otherwise. Entitlements under the Employment Standards Act. For detailed information on entitlements under the ESA, contact Employment Standards at the Government of Ontario Ministry of Labour (www. The ESA entitles pregnant employees who fall under that legislation to pregnancy leave, and sets minimum standards for that leave. Both parents may take parental leave.
The employee’s leave period is to be included in any calculation of the employee’s length of employment, length of service or seniority. At the end of the leave, the employee must be reinstated to the position he or she most recently held with the employer, or, if that no longer exists, a comparable position, unless the person’s employment has been terminated for reasons unrelated to the leave. An employer cannot refuse to give the employee her job back because it prefers the person who was hired to replace her during the leave.
Benefits under the Employment Insurance Act. For detailed information on benefits under the EIA, contact Service Canada (www. Eligible workers who are away from work due to pregnancy, childbirth or adoption may be entitled to pregnancy and parental benefits under the EIA. Employment insurance benefits may be payable for up to 1. In some cases, pregnant women may also be eligible for up to 1. Collective agreements and company policies.
Summary table contains Tables by province or territory: Alberta. Tables by province or territory: Alberta Tables by province or territory: Alberta. Adult correctional services, admissions to provincial.
Pregnant women may also have rights under company policies and collective agreements. Company policies and collective agreements cannot act as a bar to providing accommodation to pregnant women, subject to the undue hardship standard. Unions and employers are jointly responsible for negotiating collective agreements that comply with human rights laws, and should build conceptions of equality into collective agreements. Hiring, promotions, transfers, termination. Discrimination in employment because of pregnancy is often based on common negative stereotypes and attitudes, such as: A pregnant woman will not be able to work productively and effectively during her pregnancy. They may influence employers to refuse to hire pregnant women, to outright terminate their employment, or to discourage them from staying at or returning to the workplace. Subject to bona fide requirements, denying or restricting employment opportunities in hiring, or transferring, etc.
Despite the potential for some inconvenience to an employer of having to train a new employee and then replacement during maternity leave, this is not valid justification for deciding not to hire a pregnant woman. She advised her employer that she was four months pregnant the first day of work and was fired the same day. Although the woman was hired to work full- time hours, the employer claimed she was fired because she had asked to work part- time hours. The HRTO did not accept this version of events, and determined the woman was fired after revealing her pregnancy. Employers cannot request that applicants provide information about whether they are, have beenor intend to become pregnant. Even where an employer still offers the woman the job, these types of questions are discriminatory.
Employers may only ask questions related to pregnancy and breastfeeding at a personal interview in the rare circumstance that the inquiry relates to a bona fide occupational requirement. Pregnant women and women of childbearing years are vulnerable to subtle forms of marginalization in the workplace. Employers sometimes withhold or withdraw projects or opportunities. The fact that a woman will be taking a pregnancy- related leave of absence should not be taken into account in determining access to workplace opportunities, unless there is a bona fide requirement involved. Where possible, employers should make sure that women who are away from work due to pregnancy- related leaves are informed about major developments and workplace opportunities.
A woman loses more than just a project or a promotion when she is discriminated against because of pregnancy – she experiences a missed opportunity, which may have long- term consequences for her employment prospects. The school board refused to consider her application because she would be on maternity leave for the first part of the term The Alberta Court of Queen’s Bench found that the woman had been discriminated against based on sex. While the school board expressed concerns about the continuity and disruption to the system, the Court found that the inconvenience that would have been caused by accommodating the claimant’s maternity leave would not have caused undue hardship. The tribunal found that this was adverse treatment that was linked to the claimant’s pregnancy and to her family status, and concluded that the employer had discriminated against her.
After her employer learned of her pregnancy, the employer repeatedly questioned her about whether she would continue to work, discussed the need to find a new bartender, tried to persuade her to leave her job early, tried to change her shifts, and accused her of stealing beer as a pretext for firing her. The HRTO found the employer had discriminated against the woman based on her pregnancy. Her employer told her that due to a downturn in business, he had no choice but to lay her off.
However, the person hired to replace the employee during her leave was kept on after she was laid off. A tribunal found that this was discrimination based on sex (pregnancy).
The tribunal said that the employer “was entitled to take reasonable steps to address the difficult economic reality it was facing, including laying off employees. What it was not entitled to do, however, was to refuse to allow . She was told she could not work any more shifts for alleged health and safety reasons, and was put on short- term disability leave, even though she did not believe she had a disability. Because she was not eligible for sick benefits, and her maternity leave benefits would be affected by not being able to work, she took a job with a competitor. Because of this, her employment was terminated.
The HRTO found that the employer’s claim that the presence of a pregnant woman on the job would cause health and safety risks was based not on empirical data or fact, but on stereotypes. It found that the employer treated the announcement of her pregnancy as though the woman was announcing a disability. The decision to terminate the woman’s employment when she had no income due to the discrimination and was forced to look for another job was further discrimination linked to her pregnancy.
As part of the accommodation process, the employee should let the employer know about her plans for coming back to work. However, before making an assumption that an employee is not coming back to work, the employer has an obligation to clarify with her first. Because of this, she was absent a total of 3. Upon her return to work, she was dismissed from her job. The reasons given were excessive absenteeism and performance problems. The HRTO found that her employers did not document a pattern of absenteeism, except for the doctor's appointments related to her pregnancy and the time off she needed due to her miscarriage. It also found that while there were some performance problems, the employer did not follow their progressive discipline policy, assess whether these performance issues were connected to the employee’s pregnancy, and determine if accommodation was required.
The HRTO concluded that the woman’s pregnancy and its complications were factors in her termination, and this was discriminatory. In such circumstances, it may be easier for an employer to show that a woman’s employment was terminated due to performance concerns or legitimate business reasons and not for reasons related to her pregnancy.
Health- related absences and benefit plans. What follows below is a discussion of the human rights aspects of pregnancy- related leaves.
For information about employment standards and employment insurance requirements and entitlements, consult with the provincial Ministry of Labour and the federal Services Canada. Health- related absences from work and benefit plans are the subject of employment standards and employment insurance legislation, as well as human rights law. Section 2. 5(2) of the Code states that group insurance contracts between employers and insurers do not violate the equal treatment provisions of the Code with respect to age, sex, marital status or family status, as long as they comply with the ESA and its Regulations.
However, no provisions permitting differential treatment of health- related absences because of pregnancy during maternity leave have been included in the Regulations under the current ESA, and the current Regulations require employers to provide the same benefit entitlements to employees on pregnancy or parental leave as are provided to employees who are on other types of leave. Exclusions from benefit plans that disproportionately affect a group identified under the Code will violate human rights law, unless there is a bona fide reason.
The courts have recognized that pregnancy and childbirth place unique demands on women.