COVID-19: Toronto, Peel School Closures and Rights for Working Parents

Hundreds of thousands of Toronto, Peel Region students to move to remote learning

Toronto Schools

All Toronto schools will close this week due to rising COVID-19 cases in the city. A total of 3,065 cases were reported in Ontario Tuesday morning, with 955 of those in Toronto. Students in the following school boards will be moved to remote learning starting Wednesday, April 7:

• Toronto District School Board
• Toronto Catholic District Board
• Toronto French and French Catholic Schools

Remote learning will remain in place until at least April 18. Dr. Eileen de Villa, Toronto’s medical officer of health, authorized the closures through powers under Ontario law.

Schools in Peel Region

On Monday, Peel Region closed all schools in Brampton, Caledon, and Mississauga for the next two weeks, also in response to climbing COVID-19 cases. There were 533 cases reported at the start of the week. The decision was made by Peel Public Health. Under Section 22 of the Ontario Health Protection and Promotion Act, learning will be remote, starting Tuesday, April 6 and lasting until April 18.

Does my employer have to let me work from home if schools are closed and I can’t find childcare?

Yes. If your child’s school closes temporarily due to COVID-19 (in Toronto, Peel or any other region in Ontario), and you are unable to secure childcare during the closure, your employer must provide accommodation, including allowing you to work from home. You may also be able to change your work schedule to accommodate your needs during this time. You also have the option of taking the unpaid Infectious Disease Emergency Leave, which is still in effect until July 3, 2021.

An employee’s rights in this situation are protected under the Ontario Human Rights Code. An employer can’t discriminate against an employee because of their family status.

Employment Lawyer Lior Samfiru explains the duty to accommodate on Season 5 Episode 3 of the Employment Law Show.

Can my employer refuse to accommodate me?

Employers may be able to refuse accommodation for employees who need to stay home with their children if the employee has not taken adequate steps to find childcare. Employees must exhaust all potential childcare options before seeking accommodation from their employer.

An employer must provide accommodation, but only to the point of “undue hardship.” They do not have to provide alternative options to an employee if the request for accommodation is too difficult. For instance, if there is no work for the employee to do at home, the employer does not have to approve the employee’s request.

READ MORE
• Taking kids to work during Ontario teachers strike
• Family Status Accommodation in Ontario
• I want to home-school my child in September, will my employer accommodate me?

Can my employer fire me if I ask for accommodation?

No. Your employer can’t fire you if you make a legitimate and fair request for accommodation because your child’s school has closed. An employer who does terminate employment in this situation is in violation of the Human Rights Code. They would owe the employee a full severance package, and would also be subject to a human rights complaint through Human Rights Tribunal of Ontario (HRTO), resulting in additional compensation.

If you request for accommodation is denied by your employer, call our employment law team immediately for a consultation to find out what your rights are. Our experienced firm has helped tens of thousands of Canadians resolve these issues quickly and with fair compensation.