Throughout the pandemic, parents and caregivers have been struggling with the stress of juggling work, home life, parenthood, and at-home learning.  An empathetic approach from your employer would certainly have been more constructive – and kind!  That some employers and managers choose such a harsh path is not only unkind but likely illegal.  The good news is you cannot be fired because you are providing care to children or others due to COVID-19 exposure, and there are legal protections to support caregivers like yourself.

Protections for employees who must care for their children due to COVID-19

Employees who cannot work because they are caring for their children, spouse, or other family members ill or quarantining due to COVID-19 have protections under Ontario’s Employment Standards Act (“ESA”).: (1) you can receive three days of paid leave; and (2) you can  get a leave of absence without pay. You are entitled to take the three paid days of leave before any unpaid days. You should try to inform before taking leave but if you cannot, advise them as soon as possible after beginning leave..  You also have the right to require workplace accommodations under Ontario’s Human Rights Code (“Code”), arising from your family status obligations.  For example, if you can work at home but not at your workplace, or if you can work but cannot do so full-time, due to your having to take care of your kids, and there is no other reasonable option available to you, you may require your employer to accommodate your family situation

In your situation, rather than threatening to fire you for you having to miss work, your employer should be providing you with the leave you need, both paid and unpaid as applicable, or provide you with accommodations so that you can be given a more flexible work schedule where you can miss some work and still take care of your kids in quarantine.

Your employer cannot terminate you “for cause” due to COVID-19 related absences

It sounds like your boss wants to fire you “for cause” for being absent from work, and your boss believes such an absence entitles a termination without any notice or pay to you. Remember that you are currently legally entitled to be absent from work for COVID-19 related family-care obligations, such as caring for your children if they are in quarantine.  It is not legal for your boss to fire you for these reasons, as it would breach not only the ESA but also the Code.

If your employer fires you because you missed work to care for your quarantining children, or other member of your family, you have likely been wrongfully dismissed and may have a human rights claim, and you can ask to be reinstated in our job.

What you can do

You are not alone in having an employer threaten the loss of your job due to COVID-19 related absences.  Document these threats where possible whether they are made verbally or in writing.  Maintain a record of all written threats, and keep a journal or list of the date and time of any verbal threats. Recording any incident in a journal, whether electronic or paper, that shows a date/time stamp, or otherwise cannot be changed, may be valuable evidence of your employer’s breach of its obligations, particularly if they proceed to terminate you as a result.

It is important to educate yourself, and if you are unsure, contact a good employment lawyer to guide you through each step.

If your boss has threatened to terminate you on this basis, we recommend you contact an employment lawyer at Hum Law immediately. Call us at (416)214-2329 or Complete our Free Assessment Form Here