Family Status Accommodation in Ontario: Employee Rights Explained

If your job is conflicting with your responsibilities as a parent or caregiver, Ontario law may require your employer to accommodate you.

This is known as family status accommodation — a right that Ontario’s human rights legislation protects. When employers ignore or refuse reasonable accommodation requests, they may be engaging in unlawful discrimination.

This guide explains what family status accommodation is, when employers must accommodate, what accommodation can look like, and when a refusal crosses the line into discrimination.

What Is Family Status Under Ontario Law?

Family status is a protected ground under Ontario’s human rights legislation.

It covers an employee’s responsibilities to:

• Care for children
• Support aging or ill parents
• Fulfill significant caregiving obligations within their family

What Is Family Status Accommodation?

Family status accommodation means an employer must take reasonable steps to adjust workplace rules or expectations when they interfere with an employee’s legitimate family obligations.

Accommodation is required when:

• A work rule or schedule creates a serious conflict with caregiving duties
• The employee raises the issue in good faith
• A reasonable solution is available

When Does an Employer Have to Accommodate Family Status?

An employer may be legally required to accommodate if all of the following are true:

1. You have a genuine family caregiving obligation
2. A workplace rule interferes with that obligation
3. You made reasonable efforts to resolve the conflict
4. The employer can accommodate without undue hardship

What Does Family Status Accommodation Look Like?

Accommodation depends on the workplace — but common examples include:

• Adjusted start or end times
• Flexible scheduling
• Temporary remote or hybrid work
• Shift changes
• Modified duties
• Time off for caregiving emergencies

The goal is not perfection — it’s reasonable adjustment.

Common Family Status Accommodation Scenarios

Family status issues often arise in real-life situations, such as:

• Childcare arrangements falling through
• School closures or snow days
• Conflicts with daycare pickup times
• Caring for an elderly or disabled parent
• Return-to-office mandates that disrupt caregiving plans

These situations can trigger accommodation obligations — especially when the conflict is ongoing and unavoidable.

What Is Not Required: Undue Hardship

Employers don’t have to accommodate if doing so causes undue hardship.

Undue hardship is a high legal threshold. It may include:

• Serious health or safety risks
• Excessive financial cost
• Major disruption to operations

Is Refusing Family Status Accommodation Discrimination?

It can be.

An employer may be discriminating if they:

• Refuse to explore reasonable solutions
• Apply policies rigidly without considering family obligations
• Penalize or discipline an employee for caregiving conflicts
• Terminate an employee instead of accommodating

The law assesses discrimination based on impact, not intent.

Do You Have to Tell Your Employer About Your Family Situation?

Yes — to a point.

You must:

• Inform your employer that a family-related conflict exists
• Explain how work requirements interfere with caregiving duties

You do not need to:

• Share personal details beyond what’s necessary
• Disclose medical information unless relevant

Accommodation works best when both sides engage honestly.

What If Accommodation Is Refused?

If your employer refuses accommodation or retaliates against you, your legal options may include:

• A human rights claim
• A constructive dismissal claim
• A wrongful dismissal claim

The appropriate path depends on how your employer responded and whether your employment was affected.

When Should You Speak to an Employment Lawyer?

You should get legal advice from an employment lawyer in Ontario if:

• Your employer refuses to discuss accommodation
• You’re disciplined after requesting accommodation
• You’re told accommodation is “not possible” without explanation
• Your job is threatened or terminated

Family status cases are highly fact-specific — early legal advice can protect your rights and prevent costly mistakes.

Samfiru Tumarkin LLP has helped more than 50,000 non-unionized employees across Ontario enforce their workplace rights and recover compensation when employers violate the law.