Observed each year on June 1, Global Day of Parents highlights the essential role parents play in raising and supporting children. It is also an opportunity to reflect on how the law protects parents in the workplace.
In Ontario, employees with parenting responsibilities are not left to navigate work and family demands alone. Legal protections under the Employment Standards Act, 2000 and the Human Rights Code provide job-protected leaves, safeguard against discrimination, and require employers to accommodate legitimate caregiving needs.
Understanding these rights is critical. When employers fail to respect them, the consequences can be significant for both the employee and the organization. This guide breaks down what parents are entitled to in Ontario workplaces and what to do if those rights are violated.
TL;DR: What are parental rights in Ontario workplaces?
Parents in Ontario are entitled to job-protected leaves under the Employment Standards Act and protection from discrimination under the Human Rights Code. Employers must also accommodate parenting responsibilities unless doing so would cause undue hardship.
What Rights Do Parents Have in Ontario Workplaces?
Parents in Ontario are entitled to a series of rights under 2 separate laws:
- The Employment Standards Act 2000 (“ESA”)
- The Human Rights Code (the “Code”)
Together, these laws provide both minimum employment standards and protection from discrimination based on family status.
Failure to comply with these laws can result in legal repercussions for employers, including fines and lawsuits
Parental Rights Under the Employment Standards Act (ESA)
Parents have several important workplace rights designed to help balance job responsibilities with family need, and are entitled to the following:
Pregnancy leave
Pregnant employees are entitled to:
- Up to 17 weeks of unpaid, job protected leave
Parents can apply for EI while on maternity leave.
Parental leave:
Parents are entitled to:
- Up to 61 weeks (if you took pregnancy leave), or
- Up to 63 weeks (if pregnancy leave was not taken)
This applies to:
- Biological parents
- Adoptive parents
Parents can apply for EI while on parental leave.
Family responsibility leave
Employees can take up to 3 unpaid days per year to deal with:
- Your child’s illness or injury
- Urgent matters involving family members.
Critical illness leave
If a child is critically ill, a parent may take:
- Up to 37 weeks of leave to provide care
Job protection and employer obligations
All ESA leaves are job-protected, meaning:
- your employer must hold your job for you
- continue your benefits.
Employers are also prohibited from:
- terminating your employment
- Demoting, or punishing you
- Penalizing you
These leaves are unpaid, but you may qualify for income support through Employment Insurance benefits.
Parental Rights Under the Human Rights Code
Protection from discrimination based on family status
Under the Code, being a parent is protected under the ground of “family status”, which means you cannot be discriminated against for being a parent.
This protection from discrimination means you cannot be unfairly treated for being a parent. Examples include:
- Refusing to hire or promote you
- Denied training opportunities
- Disciplined or fired
The duty to accommodate parenting responsibilities
If your parenting responsibilities conflict with a workplace rule or requirement, your employer has a duty to accommodate you.
This may include:
- Adjusted work schedules
- Flexible hours or remote work (if feasible)
- Time off for important caregiving needs
However:
- These accommodations are not unlimited
- Employees need to show that there is a real parental obligation (not just a preference)
- You must cooperate with the employer in finding a reasonable accommodation
What is “undue hardship”?
Employers must accommodate up to the point of “undue hardship.”
This means that they do not have to accommodate if it would cause:
- serious financial costs
- health and safety risks.
However, the bar for undue hardship is quite high and requires real evidence.
The Code doesn’t give automatic flexibility, but it requires fairness on an employer’s part. If your parenting duties create a real conflict, your employer must seriously try to accommodate you rather than ignore or penalize you.
Frequently Asked Questions
What rights do parents have at work in Ontario?
Parents in Ontario have rights under the Employment Standards Act and the Human Rights Code, including job-protected leaves, protection from discrimination, and the right to accommodation for caregiving responsibilities.
Can you be fired for taking parental leave in Ontario?
No. It is illegal for an employer to terminate, discipline, or penalize an employee for taking a job-protected parental leave.
What is family status discrimination in Ontario?
Family status discrimination occurs when an employee is treated unfairly because of their caregiving responsibilities as a parent or family member.
Do employers have to accommodate parents in Ontario?
Yes. Employers must accommodate parenting responsibilities up to the point of undue hardship if there is a real conflict between work and caregiving obligations.
How long is parental leave in Ontario?
Parental leave is up to 61 weeks if pregnancy leave was taken, or up to 63 weeks if it was not.
Is parental leave paid in Ontario?
Parental leave under the ESA is unpaid, but employees may qualify for Employment Insurance (EI) benefits.
What qualifies as undue hardship for employers?
Undue hardship refers to significant difficulty or expense, such as serious financial strain or health and safety risks. Employers must provide evidence to support this claim.
What Should I Do If Your Employer Violates Your Rights?
To better understand the seriousness of the violation, we encourage affected employees to seek legal advice.
We at Whitten & Lublin are happy to provide insight and advice into your specific circumstances.
If you are looking for employment lawyers and would like more information about what Whitten & Lublin can do for you, please contact us online or call 416 640 2667.
