Work: What’s Next | Working parents rights and possible COVID-19 outbreaks in school

Interview Summary

Schools are set to re-open in a few weeks and many workings parents are concerned about the possibility of school closures and health and safety measures due to COVID-19. What rights do employees have to remain at home if their child is forced to self-isolate? What are employers obligated to accommodate?

Lior Samfiru, a Toronto employment lawyer and co-founding Partner at Samfiru Tumarkin LLP joins Global News Morning Toronto to answer these questions and more.

Interview Notes

What rights do Air Canada employees have in regards to mandatory vaccinations?

The federal government of Canada announced recently a mandatory vaccine policy for all federal employees working in the travel sector although it did not stipulate that unvaccinated employees would be terminated. Air Canada seems to have taken this policy a step further on their own as it does not offer alternatives to vaccination for its employees and could face legal disputes.

Can employers penalize employees with pay reductions if they’re not vaccinated?

An employer can’t penalize a worker who doesn’t get vaccinated. This includes pay cuts, demotion or reduction in duties. Employers should be wary of imposing possible discriminatory practices on their employees if they are unvaccinated. Measures that do not take into account an employee’s possible medical condition are considered a human rights violation.

LEARN MORE
• How to respond if your boss is pressuring you to get a vaccine
• Getting fired for not getting vaccinated

What can employees do if there is a COVID-19 outbreak at their children’s school?

Employees should communicate with their employers about their possible childcare situation and ensure their employer is aware this was not a decision simply to remain at home. If possible, employees should ask to work remotely while they are self-isolating or dealing with an outbreak.

What rights should working parents be aware of as their kids return to school?

Employees should be aware they are obligated to receive job-protected leave if they need to remain at home due to a sick child or if their children’s school or daycare is closed due to an outbreak. Employers are obligated to accommodate an employee if they have no alternative means of childcare and can work remotely.