Canadian Employment Law Today

Canadian HR Reporter, a Thomson Reuters business 2014 October 1, 2014 | Canadian Employment Law Today absences related to job-protected leaves, as this could be considered a reprisal for the employee taking the leave. Design and implement effective atten- dance policies. Employers need to explicit- ly state their expectations in attendance pol- icies by outlining procedures in the event an employee wishes to take a leave of absence. For example, in the case of the critically ill child and crime-related child death or dis- appearance leave, employers can require the employee to provide written notice that a leave will be taken, as well as indicate the duration of that absence. at said, employ- ees are permitted to take any of the new leaves without advanced written notice, if written notice is not possible/practicable, but employers can — and should — require notice to confirm that a leave is being taken within a reasonable time of the employee commencing the leave. Track all absences. Employers should keep track of the number of days, as well as the reasons, for a leave of absence. According to the Toronto Conference Board, only 46 per cent of Canadian organizations tracked workplace absences in 2012 — mean- ing the majority of Canadian companies had no idea how many days their employ- ees were off work. Tracking an employee's leaves of absence will ensure an employer is not providing duplicate or excess leave entitlements. More importantly, tracking will prevent situations where an employer inadvertently imposes attendance-related sanctions on an employee for taking a job- protected leave, which could attract reprisal or human rights complaints. If necessary, gather information and in- vestigate. In most cases, an employer will have no reason to question the legitimacy of a leave. However, if an employer has rea- son to be suspicious, it may request that an employee demonstrate entitlement to the leave. e employee must comply within a reasonable time, the length of which will depend on the circumstances. In the case of the critically ill childcare or family caregiver leave, for example, an employer is entitled to a medical certificate justifying the leave. Don't forget to accommodate. In addition to complying with the new leaves of absence provisions under the ESA, employers also have the duty to accommodate family sta- tus under the Ontario Human Rights Code. While granting one of the new leaves is con- sidered accommodation, employers should be aware that the duty to accommodate does not necessarily end when an employee returns from a leave. e employee may still require additional workplace accommoda- tion, such as a flexible work schedule, in or- der to meet his caregiver obligations. Failing to accommodate could expose an organiza- tion to a human rights complaint. About the Author Pamela Chan Pamela Chan is a lawyer with Williams HR Law in Markham, Ont. She can be reached at (905) 205-0496 or info@williamshrlaw.com. CRedit: ShutteRStoCk/doCkStoCkmedia

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