Usually when an employee is on leave, an employer cannot terminate or lay-off the employee. For some leaves, there is an exception if the employer suspends or stops all or part of the business or activity the employee works in. If this happens, an employee can be terminated or laid off, though regular termination and lay-off rules apply. If the employer suspends operations, does not resume them when the employee returns from leave but does within the following 52 weeks, the employer must: give the employee back their same job at the time the leave started with at least the same pay and other benefits, OR give the employer other work with no loss of seniority or other benefits. These rules only apply to the following leaves: maternity leave parental leave reservist leave compassionate care leave death or disappearance of child leave critical illness leave long-term illness and injury leave Last Reviewed: November 2020