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The question
I was supposed to take 18 months of maternity leave but I got pregnant in the middle of my leave. Now I need to return to work early so that I can accumulate enough hours to qualify for another parental leave. Am I allowed to return from leave early? Do I need to give them a reason why I need to return? I’d rather not have to disclose my pregnancy and subsequent leave so soon, but once I do and start to show, it’ll be obvious why I needed to go back to work early. What’s the best way for me to handle this situation and not make my manager suspicious, or angry at me later?
The first answer
Jonquille Pak, partner, JPak Employment Lawyers, Toronto
Federal and provincial employment standards statutes prescribe the length of pregnancy and parental leave, when you can return from leave, notice for adjusting your leave and any applicable notice requirements to your employer in connection with starting and ending your leave. The requirements vary slightly by province, but generally, there is a requirement of four weeks’ written notice of your planned return date.
For example, provincially regulated employees in Ontario are entitled to return from pregnancy or parental leave earlier than planned. The employee need not justify or explain their reasons for returning earlier than scheduled. However, the employee must provide a minimum of four weeks’ notice in writing, before the new earlier return date. According to the Ontario Ministry of Labour, the employer can refuse to allow the employee to return to work at an earlier date if the employee fails to provide the required four weeks of notice. Check with your provincial Ministry of Labour to confirm the specific notice requirements applicable to you.
Upon the conclusion of your pregnancy and parental leave, the employer is generally required to reinstate you to your position if it still exists or to a comparable one if it does not. Once you are back, it is entirely up to you as to when to share the news of your new pregnancy. Keep in mind applicable notice requirements for your next pregnancy and/or parental leave.
Regardless of the province where you work, pregnancy and parental leaves are job-protected leaves. This means that your manager cannot retaliate, get angry or hold a grudge against you because you exercise your legal right to take another parental leave or return from your leave earlier than planned. If your manager is acting in a manner that is making the work environment uncomfortable for you, is taking action that adversely affects your employment or is otherwise causing you to be concerned about your job security, you should consult with an employment lawyer about your options.
The second answer
Allison Venditti, HR expert and founder, Moms at Work, Toronto
First off, congratulations! Next — yes, absolutely you can return to work early if you give your employer the required amount of notice so that they can prepare for you to return. You do not need to provide them with a reason (if you don’t want to). If you are not comfortable letting them know you are pregnant, a simple: “I enjoyed my time off but am excited to be back at work” is more than sufficient.
When you want to come back to work, a short email to HR or your employer stating that you would like to end your maternity leave early and return on X date is sufficient. You do not need to provide them with a reason or reasoning so keeping it simple works just fine.
For the second half of your questions, I will get personal and say as someone who has been in HR for 20 years, employees go on leave, resign, get new jobs, have health problems and get pregnant. We are not angry about any of these things. Life happens. A lot of women return to work pregnant with their second (look around and see how many people have two under two). If you decide to let HR know, then it gives them more time to plan for your next leave and make hiring decisions with longer timelines. As for your concerns about people being angry or upset, please remember that you can only control you and not the reactions of others. If they decide to be angry or upset that is not something you can control, so please focus on yourself and the things you can manage. Good luck.
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