Can I Be Fired While on Maternity or Paternity Leave in Alberta?

Not long ago, a client walked into my office with a quiet but pressing concern: he was worried about being fired on paternity leave in Alberta. His wife had just delivered their first child, and he had taken leave to support her and bond with their newborn. But during his time away, something changed at the office. A replacement had been hired with a different title but the same responsibilities. Same desk, just a different name on the door.

His question was straightforward: “Can I be fired while I’m on paternity leave?” It is a question many new fathers are starting to ask, and for years, many mothers have lived it silently. They take protected leave, only to return to a changed role or no role at all.

What the Law Says About Being Fired on Paternity Leave in Alberta

In Alberta, both the Employment Standards Code and the Alberta Human Rights Act provide strong protections for employees who take maternity or parental leave. These protections are not optional; they are legal rights.

• Maternity leave is available for up to 16 weeks.
• Parental leave, available to all parents regardless of gender or family structure, allows for up to 62 additional weeks.

During this time, an employee’s job is legally protected. In other words, it is generally unlawful to be fired on paternity leave in Alberta simply because you are on leave or planning to take leave.

That said, an employer may terminate an employee while on leave only if the reason is entirely unrelated to the leave itself and the decision would have occurred regardless. The threshold is high. The onus is on the employer to prove that the termination was necessary, fair, and unconnected to the leave.

What Must an Employer Prove to Lawfully Dismiss You?

To lawfully terminate an employee during maternity or paternity leave, an employer must demonstrate that:

• The termination was based on valid business reasons.
• The employee’s position was genuinely eliminated (not merely renamed or reassigned).
• The decision would have been made even if the employee had not taken leave.
• The leave itself was not a factor in the decision, either directly or indirectly.

Courts examine the timing, documentation, and context closely. If there is any indication that the leave influenced the decision, the termination may be considered wrongful dismissal and unlawful.

The Parry Sound Precedent: Protections Against Being Fired on Paternity Leave

The Supreme Court of Canada has made it clear in Parry Sound (District) Social Services Administration Board v. O.P.S.E.U., Local 324, 2003 SCC 42 that human rights protections are part of every employment relationship, even if they are not explicitly written into the contract.

In Parry Sound, a woman was hired as a probationary employee. Shortly after starting, she went on maternity leave. While she was still on leave, the employer terminated her employment, citing her probationary status and alleged performance concerns.

The Supreme Court of Canada held that human rights protections are automatically part of every employment relationship. The Court ruled that:

1. The right not to be discriminated against is fundamental and cannot be excluded.
2. Job-protected leave is a substantive right, not a formality.
3. Attempting to have an employee fired on paternity leave in Alberta (or maternity leave) exposes the employer to serious risk of liability.

Supporting a Client Through Workplace Uncertainty

In this client’s case, we took the time to unpack the legal framework and the practical steps he could take to protect himself:

• Contract Review: I reviewed his employment contract to assess how secure his role was.
• Real-Time Documentation: We discussed how to document changes in tone, timing, and internal communications.
• Return-to-Work Notice: I prepared a professional return-to-work notice, confirming his intention to resume his original duties.
• Legal Remedies: We spoke about the potential for a wrongful dismissal claim or a human rights complaint based on family status.

He left my downtown office with a clear plan in hand that was grounded in the law but built around his reality as a new father.

Final Thoughts: Protecting Your Career During Parental Leave

The law in Alberta does not prevent every termination, but the legal threshold for such a decision is deliberately high. Welcoming a child is an essential time for bonding, recovery, and adjustment, not a discretionary pause from work.

If you are an employee feeling uncertain about your return to work, or an employer seeking to navigate restructuring, you do not need to manage these issues alone.

At KedgeAnchor Law, we guide our clients through moments of transition with clarity and purpose. Whether you are welcoming a new child or protecting your professional position, we are here to support you. Book a consultation today to ensure your rights are protected.