School closures and employee childcare obligations

With COVID-19 numbers on the rise, schools will be closing in Ottawa Ontario. Working parents are scrambling to make arrangements. Will parents be penalized for remaining home with their children? What rights do working parents have if they are unable to work from home?

An Ottawa employment lawyer at Samfiru Tumarkin LLP joins Leslie Roberts on Newstalk 580 CFRA to answer these questions and more.

What They Discussed

What is the most frequent concern from Canadian employees during the pandemic?

Temporary layoffs as a result of the pandemic are the most frequent concern as shutdowns continue across the province. Employers are not adequately compensating employees despite ongoing layoffs.

What is considered an appropriate severance package?

Severance pay is based on a number of factors including the age of an employee, their position and an employee’s length of service.

How do employees prove their layoff was unlawful and constructive dismissal?

Employees who have not been laid off previously or agreed to the layoff in writing, do not have to accept the layoff and can treat it as termination and pursue severance.

What rights do employees have if they have childcare obligations but do not work from home?

Employers are obligated to accommodate employees on the basis of family status who have childcare needs. Employees have to exhaust all other possible options for childcare. Employees who are unable to do their work from home are able to access the Infectious Disease Emergence Leave.

Can employers force working parents to take vacation time to fulfill childcare obligations?

Employees are allotted a certain amount of time for vacation a year and depending on the situation, can be made to use their vacation time by their employers.