Ontario is allowing child-care centres to reopen. Do I have to return to work?

On Tuesday, June 9 the Ontario government announced that all licenced childcare centres in the province will be allowed to reopen during the coronavirus pandemic as early as Friday, June 12.

These childcare centres will need to follow strict guidelines set by public health officials:

• No more than 10 kids and staff will be permitted in a “defined space”;
• Children will need to be screened daily for symptoms before entry and attendance must be taken to allow for contract tracing in the event of a COVID-19 outbreak;
• Toys that could help spread coronavirus will need to be removed;
• Childcare centres will need to perform multiple cleaning every day; and
• Visitors will not be permitted to enter the daycare centre.

Childcare centres that violate any aspect of these new guidelines face a potential fine of up to $3,000 per child in attendance per day.

Daycares have reopened in my area. Does that mean I can no longer stay at home with my child if I am called back to work by my employer?

If a parent’s usual or regular daycare space is reopened on Friday and available to their child once more, that parent may be  required to return to work by their employer. In other words, the parent will no longer be able to remain on the Infectious Disease Emergency Leave in order to care for their child.

Ontario’s Infectious Disease Emergency Leave, as set out by the Employment Standards Act (ESA), gives an employee the protected right to take unpaid time off work to take care of their child, if school or daycare options are not available due to the COVID-19 pandemic.

My child’s daycare is reopening, but there is no space due to public health restrictions. Am I still able to remain off work?

If a parent’s usual daycare facility is reopening in Ontario, but doesn’t have a space for their child due to the public health restrictions put in place, that parent should be able to remain on the Infectious Disease Emergency Leave. Their employer will not be able to call the employee back to work.

At the very least, an employee who finds themselves in this situation is entitled to seek accommodation from their employer. The company would be required to provide the employee with more time to find alternative childcare arrangements.

I don’t want to put my child back in daycare due to concerns about COVID-19, but my employer wants me to return to work. What are my options?

An employee who is fearful or concerned about returning their child to daycare due to COVID-19 stands in the same shoes as an employee who is fearful or concerned about returning to work, either due to COVID fears or fears about bringing COVID home from work because they live with a vulnerable person.

READ MORE
• Right to refuse unsafe work during COVID-19
• Employment Rights during the Coronavirus Pandemic
• Ontario’s New Layoff Regulation Misleads Employers, Employees

As long as the daycare or childcare centre is following the guidelines set by public health officials, and taking all measures required to reopen for care, the employee can’t rely on their concerns as a reason for remaining off work and at home with their child.

The employee will no longer qualify for the Infectious Disease Emergency Leave. Their employer may be able to treat the worker’s absence as a form of job abandonment, in which case the employee would not be owed severance pay.