Thursday, September 24, 2009
12:30 p.m. – 2:00 p.m. EDT
Playback: Monday, September 28, 3:30 p.m. – 5:00 p.m. EDT

Noella Martin

Employer Counsel
Wickwire Holm

Simon Renouf

Union Counsel
Simon Renouf Professional Corporation

Sean Kearney

Deputy Director
Labour Practice Group
Ontario Ministry of Government Services

ISSUES:

Balancing work and family obligations is a challenge for most employees. And while labour standards legislation allows for time away from work without pay, it does not provide for paid leave or for more common recurrences, such as childcare or eldercare. In this audio conference, a panel of adjudicators, arbitrators, and expert practitioners will evaluate the latest case law and legislative changes related to leaves of absence issues, including:

• When does denial of a leave of absence constitute discrimination on the basis of family status? Can denial of promotion to an employee who is on a leave of absence constitute discrimination? When does refusal to re-employ a worker following maternity or parental leave breach employment standards legislation? Compared to biological parents, what rights do adoptive parents have to leaves of absence?
• Does the duty to accommodate religious observances require paid leave, or is it sufficient to provide schedule changes or unpaid leaves of absences? What are the limits to the duty to accommodate a worker suffering from depression, with no foreseeable date of return, following a prolonged leave of absence?
• How are accrual of benefits, seniority, vacation, and pensions affected by leaves of absence? Can an employee who falls ill during a leave of absence convert the period of illness into sick leave? Are employers allowed to prorate vacation pay for employees who are on maternity or parental leave?
• Is an employer obligated to provide a modified work schedule to accommodate a worker’s family obligations? What are the rights of employees on their return to work following a leave of absence? What should the employer do if the employee’s job no longer exists and there are no comparable positions?
• At what point does innocent absenteeism, due to family emergencies, warrant discharge? When are employees on sick leave entitled to severance pay? Layoff notice? Retirement benefits?
• Where legislation provides that superior collective agreement benefits prevail, in what circumstances do arbitrators consider that leave provisions in collective agreements are in fact superior to legislated standards?

$195, plus GST (Registrations must be paid in advance of the audio conference). Registration costs are per listening site/telephone, so you can have any number of people listening at your location for one low price. Click here for registration information.