Can an employer fire you for bringing your child to work? – 580 CFRA
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Public elementary schools in Ottawa and across eastern Ontario are closed today as teachers continue rotating strike action. All Ottawa Carleton District School Board elementary schools will be closed on Thursday, February 13 as well.
What options do working parents have when they are unable to secure supervision for their children during the work day? Are parents allowed to bring their kids to work if they have no other option? Can your employer fire you for bringing your child to work?
Alex Lucifero is an employment lawyer in Ottawa, and a managing partner at Samfiru Tumarkin LLP. He joined Bill Carroll on Newstalk 580 CFRA to talk about childcare and employee rights in Ontario.
LEARN MORE
• Ontario teachers strike and taking kids to work
• Global News: Are you allowed to take your child to work with you?
• Duty to Accommodate
Can an employee bring their child to work if they have no other choice?
An employee may be able to bring their child to the workplace on a strike day. They will need permission from their employer in order to do so. The choice resets with the employer, not the employee. Many considerations need to be taken into account, including the type of workplace in question. Is it a safe environment for a child? A nuclear power station may prove to be a more dangerous setting for a child than a typical office space.
Can my employer fire me for taking the day off to stay home with my child?
An employer can find themselves in a great deal of trouble if they fire an employee for taking time off to stay home with their child. If the employee had no other choice but to take time off work, the employer’s punitive actions may be viewed as a form of discrimination on the basis of family status. The employee would not only be owed Ontario severance pay, but they might also be owed damages under the Human Rights Code.
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