Asking for parental leave is a nerve-wracking thing for people because they’re afraid of losing their jobs or getting let go, even though they have a right to unpaid leave. When you finally get that time off and you’re spending your time with your bundle of joy, a scary thought can pop into your mind. Can you be fired while on parental leave? Unfortunately, the answer is more complex than it should be.
The definitive answer is yes. While it may feel morally wrong and can rob you of your joy during these precious moments, no law states your employer cannot fire you. In truth, your employer can fire you while you’re on any type of leave. It can be frightening to know you have no job to return to after your parental leave and frustrating to know that you must now spend your time finding a new job.
The good news is that most employers won’t fire you while on parental leave because it looks bad on their part. Additionally, for an employer to fire you while on leave, they must have a business-related reason for doing so. Business-related related reasons typically include the employee violating some form of their employment contract, such as not showing up to work on time, not completing tasks, or other performance-related issues. You wouldn’t be alone if you feel like your employer fired you for reasons unrelated to these.
We know that your employer can fire you while on parental leave and the legal reasons why they may let you go, but why can’t an employer fire you? First and foremost, your employer cannot fire you because you’re taking parental leave, nor can they fire you because they like the person they hired to cover your shift more. They also can’t fire you for having to take sick leave for the pregnancy or because they’re worried you won’t be a dedicated employee once you return.
However, the issue is that proving your employer fired you for unlawful reasons can be very tricky. Most employers won’t simply tell you they fired you on illegal grounds. Get the legal representation you deserve. Contact unfair dismissal lawyer Tamara N. Holder today if you believe your employer terminated you for the wrong reasons.