I’ll try to make this as short and sweet as possible because there’s a ton of info and I would be writing a novel if I covered every detail. Here goes…
Full time employee for 4 years at X. Dropped to part time in September 2020 to begin post secondary. Had to go on sick leave November 2020 through May because surprise, I was pregnant and got the worst imaginable vomiting that remained consistent the entire pregnancy. When I dropped to part time, I was not aware I was/could be pregnant.
I complete the school year in April (thank god for online due to Covid), mat leave kicks in in May, and June my daughter is born. I chose the 18 month leave knowing it’s easier to balance school without working too. I’m in Canada, we have a choice between 12 and 18 months. Boss was aware.
Boss must’ve forgotten because late December/early January she asked me for my plan to return which I could not give because I hadn’t a clue what September would look like and had to wait for that schedule before I could give her my October return. No problem, we will reconnect then.
I stopped into work last week to pick up a few things and the owner was there, who was handy and cashed me out. He then told me he needs to speak with me and to come into his office. From there, I was asked my plan for return. I told him what I’d told my boss and that she and I agreed to reconvene in august/September when I know my schedule and availability. He told me that’s not going to work for him, my old full time position was open and he needed to know if I was taking it. This was a no go for me for several reasons.
– I’m only halfway done my leave and plan to take all of it, as stated before I even left
– I am a full time student with two kids. There’s no way in hell I can manage that and full time work.
– upon going on leave, I had 1-2 shifts a week, roughly 8-12 hours a week. I interpret the law to mean I shall expect to return to my same position, at the same wage, at the same number of hours which was part time ~10 hours a week.
– there has been no restructuring, so the position they want me to take is the exact same as I had when I was full time and it’s not due to over staffing, in fact they’re below a skeleton crew and are desperate for hires
He said again that’s not going to work and asked me if I was going to resign then. Of course I said no… I have a right to my leave in full and the right to return to my old job at the number of hours worked immediately prior to my leaving. He ended this on a “send me your plan for return asap”.
This smells illegal to me. Thoughts? Advice?