COVID-19: Rights for Working Parents in Alberta during Restrictions

On Tuesday May 4, Alberta Premier Jason Kenney announced that the province will enact new restrictions to help prevent the spread of COVID-19.

The premier announced that all schools in the province will resume online learning for grades K-12 beginning Friday, May 7, 2021 until the week of May 25. Parents will have to find a way to balance working and caring for their children who are home from school. This situation calls into question the rights of working parents in Alberta when their children are home from school, and there are no alternate caregiver options.

Does my employer have to let me work from home during these new restrictions?

Under the new restrictions working from home is mandatory for all workers unless the employee is required to be physically present to operate effectively. However, if the employee’s work must be done on-site (if it is impossible for the employee’s work to be carried out at home or any other location besides the job site) the employer does not need to provide a work-from-home accommodation.

Can my employer fire me if I have to stay home to care for my children?

No, your employer cannot fire you if your kids are home due to restrictions, and you can’t find alternative arrangements for childcare. Employees can also opt to take a leave of absence, which is permitted under the newly amended Alberta Employment Standards Code (ESC). The ESC outlines two types of leave: the personal and family leave, and the COVID-19 emergency leave. More information on those leaves can be found further down this post.

Can my employer refuse to accommodate me?

No, your employer cannot refuse accommodation. The employer must provide accommodations, including altering your work schedule to facilitate your family and personal responsibilities, to the point of undue hardship for the employer.

Can my employer fire me if I request an accommodation?

No, your employer cannot fire you for requesting an accommodation that is afforded to you as part of the Alberta Human Rights Act. If your employer is unwilling to accommodate you and has threatened to fire you based on your family situation, you should contact an employment lawyer at Samfiru Tumarkin LLP. We will examine your unique situation and determine what the best options are for your situation.

Keep in mind that If you are let go during COVID-19, you are still entitled to full severance pay in Alberta. Speak to an employment lawyer to find out how much severance pay you are owed in Alberta, and to get the compensation you deserve.

WATCH: Employment lawyer Lior Samfiru, partner at Samfiru Tumarkin LLP, spoke to Global News Edmonton about employee rights in Alberta when returning to work during COVID-19.

Leave of absence during new restrictions in Alberta

Under the Employment Standards Code in Alberta, employees are entitled to two different job-protected leaves if they need to take time off from work for reasons related to COVID-19: the Personal and Family Responsibility Leave, and the COVID-19 leave.

Personal and Family Responsibility Leave

As of March 17, 2020 temporary changes have been made to the Personal and Family Responsibility Leave that will remain in place until August 14, 2021. The government does not restrict the time limit on the family responsibility leave. However, employees are entitled to it for a “period of time that is necessary to meet the employee’s family responsibilities”. The leave gives employees the right to unpaid, job-protected leave if it is considered necessary for either their health or to meet the responsibilities of taking care of a family member. This includes taking time off to care for children due to restrictions put into place by the Chief Medical Officer.

To be eligible, you need to have a child who is enrolled in school. Employers may ask for documentation such as school or daycare enrolment that proves they are eligible. Employees are not required, however, to provide a medical note if their leave is for health reasons. It is recommended you alert your employer to your need to take the leave in writing and give the employer as much notice as is reasonable or possible. When you are ready to return to work, your position must be there for you with the same responsibilities and compensation as before you left.

COVID-19 leave

The COVID-19 leave allows eligible employees 14 days of unpaid leave who need to quarantine or self-isolate. Employees have the right to take the leave:

• More than once;
• Consecutively with other leaves;
• Regardless of their length of service to the employer; and
• Can arrange alternatives, such as working from home.

Employees are not required to provide:

• A doctor’s or medical note;
• A note clearing them to return to work; and
• Written notice to your employer when you are able to return to work.

Does my employer have to pay me if I take a leave?

No, your employer does not have to pay you if you take either the Personal and Family Responsibility Leave or the COVID-19 leave. These leaves are unpaid, job-protected leaves.

What should my next steps be if I have a disagreement with my employer?

It is important to maintain good communication with your employer, and that means trying to find terms for your work that is satisfactory for everyone. If your employer is being unreasonable, won’t accommodate you, or is deeming you as having resigned because you need to take a leave of absence from work, seek the help of an experienced employment lawyer in Alberta, B.C. or Ontario.