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Okay, so... how do they do it? They never answer the question.If you have say, a CFO or a specialist mechanic (that you only need 1 of, but definitely need) and they take a year off, what do you do? Just go without a CFO/mechanic for the year? Or do you start the hiring search, bring in another person as a temp CFO for a year? What if you can't find a temp, so you hire someone?
Canadian companies will try to hire ahead of the parental leave for 1 year contracts, and stipulate ahead of time that the contract is exactly that - a short-term, time-boxed employment duration. Sometimes there is the option depending on performance and/or business outlooks that the person's contract can be extended or converted to a FTE (assuming they were only hired as a contractor, which may or may not be the case).
>Is the person entitled to their old job back? Do you fire the new person or the old one?
Yes, the person is entitled to their old job back by law.
>What if the person takes parental leave again after 1 month back? Do you accept that you've torpedoed some role? Do you try to slowly phase out this person's job description and offload their work onto their coworkers?
Usually there is a minimum time back, which I thought was 3 months back, but don't have the citation handy. Canadian companies (and I'm sure other non-Canadian companies that operate in countries with similar parental leave durations) will all handle the ripple effects in different ways. Some will offload to others in the team (probably in larger companies?), or simply hire for that role for a 9-12 month contract.
>More succinctly, what if someone is definitely necessary in the near-day-to-day, and does not do work that is interchangeable with other employees?
In this scenario, the company usually has 2-3 months to figure out a contingency plan. There is a disruptive effect, but it's not really any different than managing for the "bus/lottery factor".
>I suspect that firms have learned to deal with it, but by doing things like passively selecting against women and younger people for critical roles. Is that how they manage? Is that an improvement?
This is a legitimate question. I think this is one of the reasons why the wording is so careful about this being about parental leave, and not just maternal leave. I think this concern and potential bias runs through every company owner's head at some point, but thankfully these laws make it such that it would be discrimination if this point were used in the hiring process and I hope, at some level, acts as a deterrant or diminishes the frequency of this bias in the hiring process.