COVID-19: The Consequences of home-schooling

While for many months parents with no access to childcare have had the option to work remotely, with the opening of schools in Septemeber many could be obligated to return to work.

Toronto employment lawyer Jon Pinkus at Samfiru Tumarkin LLP joins 980 CFPL to discuss the possible consequences for parents who choose to remain home-schooling their children and refuse to return to work.

What They Discussed

• What do parents need to know as they are deciding to send their children to school or not? Although the province has given parents the option of remote learning, your rights with your employer do not change. An employer can require their employee to return to work.
• What will the role of the employer in this situation be going forward? Employers are going to have more freedom than they did when many employees were on Infectious Disease Leave.
• What accommodations must an employer make for parents under the Human Rights Code? Parents’ needs have to be accommodated not their preferences i.e. lack of childcare options.
• Is it important to remember the difference between preference and an obligation? The relationship between employees and employers is vital and so employees are going to have to exhaust all possible options until they approach their employer for accommodation.
• What can employees do so they are not misinformed of their workplace situation? Planning will be very important for parents; be honest with your intentions and what is available to you and speak with your employer.