Will my years of service and benefits reset after my maternity leave?

The situation

I have been working as a full-time administrative assistant for a federal logistics company here in Canada for exactly four years and three months. My supervisor recently informed me that because I am taking a six-month maternity leave starting on September 1st, 2024, my seniority status will be paused while I am away. They suggested that when I return in March 2025, my benefits package—specifically my vacation accrual rate and my pension contributions—will be calculated as if I am a brand new employee starting from day one. I am very worried about this because I have worked hard to build up my tenure. I already spoke to the human resources department to clarify, but they just insisted that a leave of absence breaks the continuity of my employment history for the purpose of calculating perks. I need to know if my time spent on leave actually counts towards my total years of service and if my benefits will stay exactly where they were before I left, or if I am truly losing those six months of progress toward my next pay cheque increment and seniority level.

Detailed Analysis

Based on the information provided, your employer's claim that your leave breaks the continuity of your employment history appears to contradict the Canada Labour Code.

Regarding your seniority (the length of time you have worked for an employer, which often determines job security and promotions), the law states that "The seniority of an employee who takes a leave of absence under this Division shall accumulate during the leave"^[1]. This means your four years and three months of service should not be paused; instead, your seniority should continue to grow even while you are away on leave.

Regarding your benefits, such as your vacation accrual and pension, the law provides that "employment on the employee’s return to work is deemed to be continuous with their employment before the leave"^[1]. This means you are not a "brand new employee" when you return in March 2025; you are treated as if you never left for the purpose of calculating your benefits.

However, there is an important condition regarding your pension and health benefits. The law specifies that these benefits accumulate during the leave provided that contributions are maintained. Specifically, "the employee is responsible for and must, within a reasonable time, pay those contributions for the period of any leave of absence"^[2]. If you or your employer fail to pay the required contributions, then those specific benefits might not accumulate during your absence^[2].

In short, your seniority and general employment history should remain intact, but you must ensure your pension and health benefit contributions are handled correctly during your six-month absence to ensure those specific perks continue to grow.

Statutory Citations

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