Employer Leave Options Explained

Summary

In Ontario, employers cannot force unpaid leave but can refuse remote work if the role requires physical presence. If childcare is unavailable, you may qualify for unpaid, job-protected Infectious Disease Emergency Leave (IDEL) or Employment Insurance (EI) benefits. Failure to respond to employer deadlines could result in termination for job abandonment. Consult a legal professional for personalized advice.

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Sure, i have received an email from my employer stating that i must tell them by this coming monday if i will be back in the office on July * or taking an unpaid leave of absense for 6 months.
Hello ****. To guide you properly, I need to know your location as employment laws vary by region. Could you please share it?
Ontario Canada
Hello ****, in Ontario, employers cannot force an employee to take an unpaid leave of absence. If you believe your rights are being violated, consider contacting the Ministry of Labour. Remember, always consult with a legal professional for personalized advice.
Can you review this correspondence for me
This correspondence is in-line with our guidelines. Questions are focused on understanding the user's situation, and the user is provided with general legal information relevant to their location.
I am following up on your email below. I can certainly appreciate the challenges finding daycare. I’m hopeful that the resources provided will assist you in securing childcare. I’ve spoken with your department regarding your request for a temporary fully remote work accommodation. As you indicated, your role requires your physical attendance onsite. Given the onsite requirement, the department is not able to accommodate your request for a remote work accommodation, nor can a flexible unpaid leave be supported. The department does not currently have any re-assignment options. If you are interested in other job opportunities within the City, you are welcome to apply as an internal applicant. If you have any difficulties with your application, please contact me. Regarding your return to work, these are the options for your consideration: You have the option to extend your parental leave for another 6 months, for a total of 18 months. You would be responsible for confirming Employment Insurance eligibility with Service Canada (https://www.canada.ca/en/services/benefits/ei/ei-maternity-parental.html). This would be an unpaid leave, however you would continue to accrue paid vacation during the parental leave. If you choose this option, your return to work date would be: December *, *. You could then take any accrued vacation following your return date. Please note: the City of Burlington administration offices will be closed and vacation will need to be used for December * & *, *. Return to work with a first day back on payroll, as indicated below, on July *, *, and take your accrued vacation July *-July *, * and return to regular full time duties onsite July *, *. Please review your options and advise me with how you would like to proceed by Monday, June 10th
From what I understand, you are being offered two options:
- Extend your parental leave for * more months.
- Return to work as scheduled.
Your employer cannot force you to take an unpaid leave, but they can refuse to accommodate remote work, especially if your role requires physical presence.
For any concerns, consult with a legal professional or contact the Ministry of Labour in Ontario.
I cant return to work due to the childcare crisis and no daycare available
In Ontario, if you're unable to work due to childcare unavailability, you could be entitled to unpaid, job-protected Infectious Disease Emergency Leave (IDEL). It covers employees unable to perform duties due to childcare responsibilities during COVID-*. Consult a legal professional for personalized advice.
If i dont respond by monday, what can they legally do
In Ontario, if you fail to respond by the given deadline, your employer may assume a course of action. This could result in termination for job abandonment. However, specific laws can vary, so it's crucial to consult with a legal professional.
Is there any government assitance for peope in my circumstance, like employment insurance
In Ontario, you may be eligible for Employment Insurance (EI) benefits if you're unable to work due to childcare obligations. Please check the Service Canada website for more information. For personalized advice, consult with a legal professional.