Is this for Canadian (Ontario) employment law? My issue was discussed with an HR rep from my workplace. Non-union,

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I am sorry to hear of this difficult situation.

You are on job protected leave which means that you have to be given a the same job or a comparable position when you return after your maternity leave. Because your role has been eliminated the employer must give you an equivalent position. You should have the same level of status, the same pay, the same hours, etc.

If they are not doing that and you believe that they can do that T=then this would be a case of discrimination and contrary to the human rights code. In that case you can file a complaint with the human rights Tribunal.

Perhaps your best next step would be to contact them and discuss the facts to see if they believe you should be filing a complaint.

Here is a link to their contact information:

https://tribunalsontario.ca/hrto/contact/

Does that help as a starting point?

If you can prove it is a demotion then you should consider filing a complaint.

Well if there really are no positions available then it's not discrimination. So it depends on the facts. But you should tell them that you're not possibly able to agree by tomorrow and that you're getting independent legal advice.

I would say they don't have to make up a new position for you so if there really is nothing else I can do it this is bona fide it would be considered to be discrimination.

Well it may be that you could take the position of this as constructive dismissal because they're demoting you.

When an employer does something that fundamentally changes the nature of the employment so that it drives the employee to quit, this may be a case of constructive dismissal. This is usually the case when the employer reduces wages, cuts hours etc. It is also the case where the employer's conduct makes it intolerable for the employee to continue working.

If an employee does quit under these circumstances then the law is that constructive dismissal is wrongful dismissal and the employer will be liable for damages.

If you are considering this option it is crucial that you first consult with an employment lawyer so that you can get a legal opinion from an expert both about whether the facts amount to constructive dismissal and, as well, about what damages you may be entitled to.

Generally the damages would be equal to what you would receive had you been dismissed without cause. If that had been the case you would have been entitled to receive "reasonable" notice or pay in lieu of notice.

Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position, the likelihood of finding new employment etc.

At the high end, if you were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment. If you were not in a managerial position the Court would order somewhat less.

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