Do working parents have the right to stay home with schools opening?

Interview Summary

As schools reopen across the province, many working parents are also preparing to return to work. What can parents expect from their employers who have childcare concerns? Will employers have to accommodate parents who are forced to quarantine due to possible COVID-19 exposure?

Alex Lucifero, an Ottawa employment lawyer and Managing Partner at Samfiru Tumarkin LLP joins Matt Skube on CTV News Ottawa to answer these questions and more.

Interview Notes

Can an employer fire an employee due to childcare reasons?

Employers cannot penalize or terminate employees due to childcare reasons; it is considered a protected ground under human rights legislation in Ontario. Employees who need to take time off to take care of their children cannot be punished by an employer as it is potentially discriminatory.

What options do employees have if there is an outbreak at their child’s school?

Employees who have to remain home due to a school closure or possible exposure to COVID-19 should communicate openly and honestly with their employer. Employees should also provide any necessary documentation to their employer as evidence that remaining home or working remotely is unavoidable. Employers then have a duty to accommodate these requests and be as flexible as possible.

Do employers have to pay employees who cannot work due to childcare reasons?

Employers are not obligated to pay employees who have to remain at home due to school closures, potential exposure to COVID-19 or other childcare reasons, although their job must be protected. Employees can potentially use sick days or vacation days while at home.