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What is a family status work accommodation?
Family status is the status of a parent-child situation where they are the caregiver to their child or an elderly parent. Employers have the legal duty to accommodate workers based on their family caregiving responsibilities.
Most working parents will need help balancing work obligations with child-care duties. If you need flexibility at work, family status protection laws state that your employer must work with you to find a solution. The Ontario Human Rights Code prohibits discrimination based on family status. Everyone has a right to equal treatment and opportunities free from discrimination. You should not fear losing your job because you request special accommodations.
Your marital status is not important. Family status law applies to married couples, single parents, blended families and common-law relationships.
Requesting Family Status Accommodations
When requesting accommodations at work, you must communicate your needs to your employer to reach a reasonable agreement. Review the workplace policies and get familiar with your company's family status procedures. Understanding the existing policies can help you better navigate the request.
First, you must demonstrate that you are legally caring for your child/children or elderly parent(s). The child must be of an age or status that they can’t care for themselves. In the case of a parent, you must also demonstrate the same.
Then, you must prove to your employer that you have made reasonable efforts to find a solution before asking for accommodations. You must also indicate the rules or policies interfering with your caregiving obligations. Once you have demonstrated all this, you can request for an accommodation.
Accommodations can be different for each person depending on their circumstances and their needs. For example, you might request to:
- adjust your work hours to leave work earlier through a “flex work schedule” to pick up children from school
- work from a different location if your employer has several business locations
- change work shifts (days of the week required to be at work)
- work remotely or hybrid (if the nature of the work permits this)
- take a leave of absence to care for your sick child or parent
- work reduced hours, or to allow for more frequent breaks for scheduled medical appointments
- change your work schedule based on your ability to focus and concentrate
- get help with prioritizing work and activities (breaking work up into small tasks, or removing any non-essential tasks)
- have more frequent meetings to stay on track with what is happening when you are away
There are different types of accommodations that you can discuss with your manager or HR department. Accommodations must be reasonable. The employer can reject your request as an “undue hardship” if the accommodation is a health and safety risk or of high cost to them. They would need to provide proof that an accommodation would cause undue hardship.
Family Status Discrimination
If your employer rejects your accommodation request and you think you are being discriminated against, you can take several steps:
- Document Discussions - take note of all the incidents and meetings you had to file the request with your employer and gather evidence that you have followed the proper steps.
- Internal Resolution - speak to your HR manager or union representative if you work in a unionized environment.
- File a Complaint - if the internal resolution is unsuccessful, you can file a complaint with the Human Rights Tribunal of Ontario (HRTO). This is a formal complaint that will initiate an investigation into the discrimination allegations.
- Get Legal Advice - talking to a community legal clinic an employment lawyer or legal worker who specializes in human rights issues can offer guidance on the legal options available to address the discrimination. Lawyers can help you assess the strength of your case and provide you with strategies for resolution
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Last updated:
March 11, 2024
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