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leave of absence

Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with differential treatment in the workplace, how an employee’s dishonesty and breach of confidentiality during a workplace investigation led to termination for cause and how a settlement was easily characterized as a retiring allowance.

 

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Nova Scotia government proposes new unpaid leaves under the Labour Standards Code

The Nova Scotia government has tabled a new Bill which proposes to amend the Labour Standards Code to create new unpaid leaves for parents and guardians. If passed, Bill 3, the Support for Parents of Critically Ill or Abducted Children Act, will give employees the right to take the following unpaid leaves:

 

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Employer failed in duty to accommodate by not considering employment beyond pre-injury position

In the recent decision Fair and Hamilton-Wentworth District School Board, the Ontario Human Rights Tribunal provides a useful guide for employers to follow in determining how to return an employee to the workplace after an extended absence.

 

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Leave related to the death or disappearance of a child

Effective January 1, 2013, under the Canada Labour Code, federally-regulated employers must provide employees who have completed six consecutive months of continuous employment; and, under the Manitoba Employment Standards Code, provincially-regulated employers must provide employees who have completed 30 days of continuous employment, with:

 

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Personal emergency leave provisions took precedence over deemed termination clause

An employee left work early for an emergency dental appointment without notifying her employer. Should the employee be terminated immediately?

 

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Returning from parental leave and accommodating family status

After 20 weeks of parental leave, I’m back in front of my computer, checking my email, catching up on workplace changes, putting together a schedule and generally getting back into the swing of things. Per the law, my employer has reinstated me to the same position I left (at the same wage), although with some accommodation to ease my transition, and I will no doubt be expected to perform up to my previous standard. I know I’ll need the help!

 

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New provisions for family caregiver leave

On December 8, 2011, the Ontario Liberal Government introduced Bill 30, entitled the Family Caregiver Act. This Act intends to create an additional entitlement to a leave of absence from work while the employee’s job is protected. The proposed Act will provide for an unpaid leave of absence for up to eight weeks to allow an employee to care for a sick relative.

 

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Woman suffered discrimination at work for disability

Elsa Torrejon was diagnosed in early 2009 with breast cancer. After telling her employer about her illness and requesting an indefinite leave to receive treatment for breast cancer, she found herself dismissed and fighting for her human rights.

 

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Arbitrator rules against GTAA in favour of employee

“Employees are not like tissues to be used up and then thrown out at a whim into a bin of low-level employment or unemployment.” The arbitrator in a recent case concluded that the Greater Toronto Airports Authority’s conduct in terminating a disabled employee was a violation of its collective agreement…

 

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Reinstating employees after pregnancy leave

Employers might not be clear on what happens after a female employee returns from her pregnancy/maternity leave of absence. Does the employee have to be reinstated to the exact position once she returns to work? Is it acceptable to place the employee in a different yet similar position? What if that position does not exist any longer? What if the employee must be terminated for other reasons not having to do with the pregnancy?

 

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