The new legislation creates three new job-protected leaves:
Family Caregiver Leave: Up to eight weeks of
unpaid, job-protected leave for employees to provide care or
support to a family member with a serious medical condition.
Serious medical conditions can be episodic or chronic. The employee
will be required to furnish a doctor's note certifying that the
family member has a serious medical condition in order to
Critically Ill Child Care Leave: Up to 37
weeks of unpaid, job-protected leave to provide care to a
critically ill child. The child in question must be under 18 years
of age and the child's parent must have been employed for at
least six consecutive months by his/her employer in order to
qualify. The employee will be required to furnish a doctor's
note certifying that the child is critically ill in order to
Crime-Related Child Death or Disappearance
Leave: Up to 52 weeks of unpaid, job-protected leave for
parents of a missing child and up to 104 weeks of unpaid,
job-protected leave for parents of a child who has died as a result
of a crime. The child in question must be under 18 years of age and
the child's parent must have been employed for at least six
consecutive months by his/her employer in order to qualify.
We will provide more information as it becomes available.
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Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months of salary and benefits following termination.
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