Having a baby can be one of the most exciting things in life. Along with the excitement of the new family member, however, come many new challenges:

Will I go on maternity leave? How long can I take off work? Can I afford to be off work? What benefits and top-up can I get? Do I need accommodation at work during my pregnancy? How will I make the transition back into my job? 

These concerns put pressure on parents-to-be. Recognizing this, the following Q&A session tries to answer some common questions that employees may have about maternity leave and work.

The Ontario Human Rights Tribunal and the Courts have broken new ground in recent months, both in terms of the reach of anti-discrimination laws and the consequences for those who are found in breach. While the vast majority of employers provide respectful and inclusive workplaces, there are exceptions to this rule and sometimes, despite all best efforts, issues still arise. 

Workplace privacy has become a significant issue for individuals and businesses alike. This is due in part to an increased use of workplace biometrics, the proliferation of social media and smartphone technology, the loss of the traditional '9-5' workplace, and the consequent blurring of work and private life.

Prior to the Court of Appeal's decision in Jones v. Tsige many of us in Ontario had relatively minimal privacy protection at work.

Recent changes to the law in Ontario may now offer better protection and more expeditious resolution to those that have been wrongfully dismissed. These changes are well-illustrated in a recent decision of the Ontario Superior Court of Justice: Zoldowski v. Strongco Corporation.

Ms. Jennifer Zoldowski worked for Strongco for 17 years before she was dismissed in February 2015. Her dismissal was necessitated by improvements to the Defendant's electronic inventory management system, which rendered Ms. Zoldowski's role obsolete. At the time of termination, Ms. Zoldwski was 39 years old and employed as a Parts Administrator. Following termination, Ms. Zoldowski applied to many jobs around the GTA without success.

On Tuesday, August 4 - the same day that Netflix stock hit a record high, the company announced a decision through its blog to provide paid maternity and paternity leave for its employees, up to one year. Netflix stated:

We're introducing an unlimited leave policy for new moms and dads that allows them to take off as much time as they want during the first year after a child's birth or adoption. 

We want employees to have the flexibility and confidence to balance the needs of their growing families without worrying about work or finances. Parents can return part-time, full-time, or return and then go back out as needed.

The company's decision is ground-breaking in many ways. It also reflects the desire of many new parents, in the US and Canada, for flexibility to focus on nurturing their newborn without financial stress.

One of the most common complaints employment lawyers hear from workers who have just lost their jobs is that they don't know why they were fired. Many become even more aggravated when they ask for a reason and are told 'we don't have to give you one.' Unsurprisingly, this type of response can often result in the now ex-employee imagining all kinds of innovative rationales as to explain their dismissal.

Pursuant to the Employment Standards Act, which applies to most Ontario employers, there is no requirement to tell dismissed employees' why they are being fired. Accordingly, 'we don't have to tell you' can be a valid response [1].

It is pretty rare that an employee will receive a severance package worth more than 2-years of their salary. In fact, it is generally agreed that there is an informal '24 month cap' on the amount of pay that a dismissed employee will receive in severance.

That said, there are exceptions to every rule. A recent case from the Ontario Superior Court of Justice, Markoulakis v. SNC Lavalin Inc., illustrates what circumstances may produce a severance entitlement above the 24-month cap.

This week a media firestorm was sparked over comments made by a Hydro One employee (Shawn Simoes) to Shauna Hunt, a CityNews Television Reporter, outside a Toronto F.C. game. Shortly after the televised exchange, Hydro One made the decision to terminate Simoes' employment.

Mr. Simoes was present when another man yelled into Ms. Hunt's Microphone during a live broadcast, "F__k her right in the p___y." Yelling this phrase, abbreviated to FHRITP, was popularized in a series of fake news reports in early 2014. Ms. Hunt, visibly upset at this act, challenged Mr. Simoes and his friends who had stood close by. Mr. Simoes did not repeat the phrase but said on live television to Ms. Hunt that what had transpired was "f____ hilarious." Before adding "you're lucky there's not a f___ vibrator here."

In early 2015, the Ontario Superior Court of Justice released its decision in Partridge v. Botony Dental Corporation. This decision is a useful reminder both for employees as to their rights and employers as to their workplace obligations.

Ms. Partridge began work with Botony as a Dental Hygienist in March 2004 and was promoted to Office Manager in 2007. She was employed with the company for just over seven years prior to dismissal on July 19, 2011. During the tenure of her employment, Ms. Partridge twice took maternity leave: from June 2007 – July 2008; and again from June 2010 – July 2011.

Regardless of what you call it - 'losing your job', 'being laid off' or 'being fired', having your employment terminated is a stressful and upsetting event.

If it does happen, however, you need to put a plan in place. The following 10 tips will help you navigate and take control of this difficult situation. 

Most employees in Ontario benefit from an interconnected web of laws and court rulings. It is important to be informed of these rights, so that you may protect yourself and ensure fair treatment.

It is equally important for small businesses to understand the obligations imposed by Ontario's employment laws in order to efficiently structure their operations, ensure legal compliance and limit the potential for costly litigation. With those thoughts in mind, and an acknowledgment that a plethora of employment rights and obligations exist in Ontario, here is our top ten list that every employee and small business should know.