Parenting & Family

Parenting time and COVID-19

  • Last Updated:
  • Apr 23rd, 2020 3:58 pm
[OP]
Newbie
Aug 1, 2018
15 posts
3 upvotes

Parenting time and COVID-19

My company still running (cosmetic industry)...my short term disability will end on May 02...I have full custody of my son(11 years old) ...I can't take care of him because I work shifts and my company refused to gave me flexible working hours....my mother supposed to come from overseas to help me but now borders are closed back home. Should I apply for CERB because there is no way to take care of my son ? I made more than 5K last year.
2. Mother of my son asked through her lawyer to give permission to my son to spend more time with her...she has restriction order from matrimonial home, she rented a room in a basement on the other side of the city. My lawyer advised me accept facetime video meetings, even I was to her house with my son and allowed him to see and talked to her keeping social distancing but not agree to sleep overnight. What to do in my situation ?
Thanks for your answers...!
6 replies
Deal Expert
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Jul 5, 2004
25423 posts
4524 upvotes
Your employer is legally required to accommodate you provided it doesn't cause them undue hardship. If they refuse to accommodate you, it would be violation of your human rights. Assuming you're in Ontario, you could file a complaint with the Ontario Human Rights Commission.

You need to contact your supervisor and ask for flexible working hours due to child card. Explain what you've done to try to arrange childcare and explain what your needs are. If they refuse, remind them that they have an obligation under the human rights act not to discriminate against you based on family status. If they still refuse, file a human rights complaint. Unless your flexible hours request would cause them undue hardship, which they would need to prove, then you would win the case.

As for your custody question, you haven't given clear facts regarding that situation so it will be hard for anyone to give you a proper answer. Do whatever is best for your son.
Deal Guru
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Oct 24, 2012
11543 posts
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Montreal
Shaner wrote: Your employer is legally required to accommodate you provided it doesn't cause them undue hardship. If they refuse to accommodate you, it would be violation of your human rights.

remind them that they have an obligation under the human rights act not to discriminate against you based on family status.
You can't impose an employer to accomodate you because you have a family situation that's different than others.

If he doesn't show up for work, he is causing them "undue" hardship. He can get laid off, just like with anybody else who refuses to show up for work.

However, he could just be "no show", get fired and then be able to claim CERB and EI. Whether or not his company will want to hire him back once he can work normal hours is another matter.

As for his custody situation, I don't know either. I doubt the court would prevent a mother from seeing her son because of COVID19.
Deal Expert
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Jul 5, 2004
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alkizmo wrote: You can't impose an employer to accomodate you because you have a family situation that's different than others.

If he doesn't show up for work, he is causing them "undue" hardship. He can get laid off, just like with anybody else who refuses to show up for work.

However, he could just be "no show", get fired and then be able to claim CERB and EI. Whether or not his company will want to hire him back once he can work normal hours is another matter.

As for his custody situation, I don't know either. I doubt the court would prevent a mother from seeing her son because of COVID19.
There's been court rulings on this matter. Your employer is required to accommodate you for child care reasons, provided it doesn't cause undue hardship. The employer has to prove the OP's request would cause undue, but the OP would also have to prove they've exhausted all other possibilities, which wouldn't be that difficult right now considering daycares are mostly closed and social distancing measures are in place.
Deal Guru
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Oct 24, 2012
11543 posts
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Montreal
Shaner wrote: There's been court rulings on this matter. Your employer is required to accommodate you for child care reasons, provided it doesn't cause undue hardship.
Ah I didn't know that.

In the end, it's still shitty to have to fight your employer for both sides (employer and employee). It makes the work relationship tense.

I hope that OP can find a friendly middle ground with his employer without having to resort to complaining to the Human Rights Commission.
Deal Expert
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Mar 18, 2005
21183 posts
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Niagara Falls
Personally I'd tell your company you have to stay home watch your kid and do that. Apply for CERB, you should qualify since you have to stay home to watch your child. That said, you won't have a job when the CERB cheques run out and I doubt you'd qualify for EI after.
Deal Guru
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Jul 12, 2003
11583 posts
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Toronto
Don't quit your job just to get CERB, it is not a life time pay cheque, it will support those whose in financial hardship during this time only, not for years.

I suppose once the pandemic is over, they will slowly stop the CERB and you won't have an income anymore if you quite your job.
At that time, tons of people who lost their job want to apply for a new position and you will be in competition with tons of people who is also looking for job.

Don't give up your full time job so easily. Think about long term.
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