Hello,
I currently work in healthcare. I have an ailing father for which we rotate to take care of with my other siblings, in another country. My husband works in a field with certain security clearance, which he doesn't want to to disclose to my employer and can not commit to taking care of the kids, due to his unpredictable schedule. I asked for a leave of absence from work, for two months and now they're are calling me in to meet with HR. I heard there is something in the Human Rights code about this. I am reaching out to my union rep, however, don't have the greatest confidence because I've heard of stories where our union didn't really do much for them. I try to watch your show as much as I can, but sometimes do miss some episodes. If you can take my questions, can you tell me when you expect the segment to air, so I can make sure I tune in, please.

Hello,

There is a protected ground in the Ontario Human Rights Code of "family status". People sometimes seek an accommodation in employment due to their family status when they have to adjust their work schedule to attend to the needs of dependents, such as minor children, or disabled parents.

Before seeking an accommodation from your employer, such as a 2 month leave, you must first take steps to accommodate yourself. This would involve seeing if anyone else can take care of your father, such as your siblings or other family members, or whether he can be put in a long-term care facility. If none of these are viable options and your father is unable to care for himself, then your employer may be required to accommodate your leave to comply with its human rights obligations.

The added complication in your case is that you are represented by a union. If your employer denies your leave request, then this would typically be handled by a grievance. We cannot represent unionized workers in the grievance process.

Regards,

Lluc Cerda
Lawyer