Leave of Absence

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Considerations for employers recalling employees to work
Photo by Matthew Henry on Unsplash

Employers are encountering issues as they ask their employees to come back to work. We will take a look at some of these in today’s blog. 

A Recap 

Many employees were placed on layoffs in March 2020, when the shutdowns occurred. In Ontario, these layoffs were then converted into deemed Infectious Disease Emergency Leaves. While statutory layoff timelines normally restrict the amount of time an employee can be on a layoff before being considered terminated, in Ontario the Infectious Disease Emergencies Leave amendments to the Employment Standards Act changed this. Ontario employees can now be involuntarily off work (laid off) until January 2, 2020, without having a  termination triggered. 

A layoff does not end the employment relationship. It’s just a temporary pause, which anticipates that the employer will bring the employee back to work or recall them. 
Continue Reading Recalling Employees to Work: Considerations for Employers

Employer obligations to accommodate work refusals under the IDEL
Photo by August de Richelieu from Pexels

As workplaces re-open, employers are getting all kinds of objections from employees about coming back to work. Common among these are childcare responsibilities. While some daycares and day camps are operating, things are far from normal. What obligation do employers have to accommodate refusals to come back to work due to childcare responsibilities? 

Employee Protection Under the Infectious Disease Emergency Leave

In Ontario, employees who claim they cannot work due to childcare responsibilities may have job protection under the Infectious Disease Emergency Leave (IDEL). The IDEL provides job protection to employees who need to take a leave from work to care for their children whose school or daycare is closed because of COVID-19. The Ministry of Labour Guide on this leave also includes day camps being cancelled as a reason for the leave so we can be sure that the protection is meant to be expansive. 
Continue Reading Family Status Accommodation in the Time of COVID-19

Does racism necessarily lead to a poisoned workplace?

At the end of last month, the Ontario Court of Appeal concluded in General Motors of Canada Limited v Yohann Johnson that while the former employee, Johnson, “genuinely believed that he had been the victim of racism in his workplace” and that his “perception of events unfortunately…

Well, I’m back in the office this week after a busy but wonderful maternity leave.  I was quite excited to get back at it.  As all parents who have taken a parental leave know, coming into the office is often a welcomed break from the chaos of little ones at home.

Practicing law certainly has…

I haven’t blogged since mid-September.  The spirit is willing, but the flesh is weak.  

I’m home in month 3 of a maternity leave with my second baby and simply haven’t been able to get to a computer for a solid period of time.  As anyone who has been on a parental leave with a newborn knows, it is a…

Three weeks ago, I had a baby.  He’s my second child, was a very reasonable 6 lbs 12 ozs and happily zipped out with no fanfare or complications.  I am now at home with plenty of down time while I feed and wish I was sleeping, and while keeping watch over my 2 year old to make…

This week, Christine Thomlinson wrote a great blog post on the (potential) come-back of Tiger Woods.  She draws a parallel between Tiger’s return to golf and employees returning to work after a difficult period in their life, whether criminal, personal, or otherwise.  As she points out, there are a number of pro-active steps an…