What will the start of a new school year look like for working parents?
The announcement of Ontario schools re-opening full time in the fall has been met with mixed reactions from parents. While some are eager to send their children back to the classroom, others are worried about their child’s safety and health as COVID-19 continues.
Toronto employment lawyer Stan Fainzilberg at Samfiru Tumarkin LLP joined CBC to discuss the implications for parents who choose not to send their children to school in September.
While an obligation to accommodate employees’ childcare needs and remain working remotely was encouraged previously, the government’s decision to open schools changes the responsibility of employees and employers.
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Ontario’s Back to School Plan
Forcing Parents Back to Work
Labor lawyer Stan Fainzilberg says he understands parents’ concerns. “From a legal point of view, the government says it is now safe to send children to school,” Fainzilberg states. “In a non-unionized work environment, the refusal to go to work will be perceived as an act of insubordination which can lead to dismissal.”
The employer, therefore, has no obligation to accommodate the personal choices of parents after the children return to school.
According to Ontario Labour Laws
- You cannot discriminate against one of your employees on the pretext that they have a family
- The employer’s approach must be based on good collaboration between the parties
- One should pursue alternative childcare options such as a babysitter at home, or have their child babysat in daycare, or have the grandparents look after them
About the Author
Stan Fainzilberg
Stan Fainzilberg is a Partner with Samfiru Tumarkin LLP's Labour and Employment Law Group. Stan provides strategic legal advice and representation to employees and employers on a wide range of workplace issues including wrongful and constructive dismissals. He can be heard hosting the Employment Law Show on Global News Radio 640 Toronto.
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