Job-protected leave

In a sale you meet the term when diligence lists employees who are away on parental, medical or other leave. Their employment has not ended, so the list shows who may return, and under which statute.

How three statutes put it

• Ontario: on the conclusion of a leave under that Part, the employer shall reinstate the employee to the most recently held position, if it still exists, or to a comparable one (s. 53(1)). This does not apply if employment ends solely for reasons unrelated to the leave (s. 53(2)), and the section allows some postponements.
• British Columbia: an employer must not, because of an employee’s pregnancy or a leave allowed by Part 6, terminate employment or change a condition of employment without the employee’s written consent, and as soon as the leave ends must place the employee in the position held before the leave or a comparable one (s. 54(2)–(3)), with a separate rule if operations are suspended or discontinued (s. 54(4)).
• Canada Labour Code: no employer shall dismiss, suspend, lay off, demote or discipline an employee because the employee is pregnant or has applied for leave of absence in accordance with that Division (s. 209.3(1)).

What to ask

Ask the seller for each employee on leave, the statute the leave falls under and the expected return date. This entry covers Alberta, Ontario, British Columbia and the Canada Labour Code only; check the rules in the province where the business is. See what happens to an employee on leave when a business is sold and the sale of business provision.