Alex Lucifero on school closures and working parents rights

As COVID-19 continues to pose new health and safety risks across schools in the province of Ontario, there have been further school closures. Working parents are constantly asked to adjust their childcare arrangements and are questioning what their employers are willing to accommodate.

Alex Lucifero, an Ottawa employment lawyer and partner at Samfiru Tumarkin LLP joins  CTV Morning Live to discuss working parents’ rights as more schools across the province move to remote learning.

00:27 –  Do parents have the right to remain home with their children if they have no access to other childcare?

Employers have a duty to accommodate employees on the basis of family status. If a parent is unable to secure childcare, an employer has to allow the working parent to remain home and cannot penalize the employee.

1:30 –  Will employers be forced to allow working parents to work remotely or give them leave?

If an employee is able to work from home, an employer should accommodate those requirements. However, some employers are unable to work from home, but should still be accommodated by their employer and given time off. Parents should make some effort to make alternative arrangements for childcare if possible.

3:24 – Can an employee be fired for their childcare obligations?

Employers cannot penalize employees who have childcare obligations. Employers who penalize or terminate employees due to childcare obligations are violating the human rights code.

3:57 – Is there a time limit for how long employers have to accommodate an employee’s childcare needs?

Employment laws have not changed despite COVID-19. Employers have to accommodate their employee’s childcare needs even if the requirements last months. Communication between an employee and employer is vital in these circumstances.

4:57 – Are employers obligated to pay working parents at home?

Employers cannot penalize or terminate employees who have to remain home to take care of their children however they are not obligated to pay employees who have childcare obligations and are unable to work remotely.