Can they fire during pregnancy


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rickysayshi   
Member since: Sep 12
Posts: 2
Location:

Post ID: #PID Posted on: 21-11-12 21:49:13

Hi,

I recently became victim of dirty office politics and they are firing me for no reason. I am pregnant and this is my 6th month. I am worried about my bad phase and fiding myself very insecure these days . Everybody says I should be happy during these days, but I am getting tensed, mentally disturbed and counting each day if I would be coming to office next day or not.

Please suggest me - can they fire me legally while I am 6 months pregnant? If not, what are the options to save my job.

Thanks



dimple2001   
Member since: Apr 04
Posts: 2873
Location: Western Hemisphere

Post ID: #PID Posted on: 21-11-12 23:15:40

It appears you still have the job. So what did they tell you that led you to conclude you are losing your job? In other words, if you are an at will employee, yes, they can terminate you anytime, but if firing is what they are going to do, I don't believe they can simply fire you without just cause.


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Dimple2001


san-hugo   
Member since: Aug 10
Posts: 2009
Location:

Post ID: #PID Posted on: 22-11-12 01:46:19


Dimple is right , firing has to have reason. May be you are loosely using term firing for laying off. You can be laid off sighting any reason. Your option is to act now !

In case you are sure of getting laid off soon, immediatly get a certificate from doctor stating your due date and apply for the pregnancy leave. by law you can take total 17 weeks of pregnancy leave which in your case is due. After completion of pregnancy leave you can apply for 35 weeks parental leave. your employer is bound by law to take you back on job with same pay and position after 17+35 weeks of absence. In your case it will be less as your due date is sooner than 17 weeks.

Employer does not pay during pregnancy and parental leaves. You are paid through EI maternity benefit plus paternal benefit (eligibility applied such as 600 hrs of work done, EI paid etc) . MB is max 15 weeks starting from 8 weeks prior to due date. (so if you take pregancy leave 12 weeks in advance in your case you will be paid EI for only 8 weeks out of it ). After MB , starts 35 weeks of Parental Benefit which can be recieved by either of parent.
payments are generally 55% of insurable income to the max of 485$ per week as latest rule.

Hope this info helps. You must get the certifcate first.



tamilkuravan   
Member since: Jun 05
Posts: 5775
Location: God's own country

Post ID: #PID Posted on: 22-11-12 03:23:49

HRDSC is very sympathetic towards pregnant people.
Be rest assured that the employer canot fire you for certain causes and esp during pregnancy.
They can fire you only for documented misdeeds such as :
1. Watching porn at office (Internet is allowed)
2. Hitting some one physically and this being witnessed by other people.
3. Making racial comments and this being witnessed bu other people.
4. coming drunk to office and this being witnessed bu other people.

I was fired in 2009 (I am a male) with the reason being given that I was always on the internet and that my productivity was almost nil.
I was still given EI by them stating that :
1. Internet browsing is allowed during office hours (for the purpose of EI only).
2. The employer failed to issue any written warning to me about the loss of my productivity.

Being pregnant, you can even sue them in a Human rights office apart from getting EI (which is only 55% of the last drawn salary).

Peace

Peace


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I am a Gents and not a Ladies.




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