LANCASTER HOUSE - Labour Employment and Human Rights Law Publishers

Maintaining work-life balance is integral to the welfare of employees and the success of the workplace. However, as the population ages, and work and family-care responsibilities increase, it is becoming more difficult for workers to juggle employment and family obligations. In this interactive workshop, through scenarios and discussions, our panel of experts will examine the benefits and limits of existing legislation, review the evolving case law on personal leaves and family status discrimination and discuss collective agreement provisions, policies and programs employers can implement to reduce stress and absenteeism rates and increase employee well-being, retention and morale. Topics include:

Legislation: What rights, in relation to family and other personal responsibilities, do employees have under human rights and labour standards legislation? 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?
Leaves of Absence: 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? What are the job rights of employees on their return to work following a leave of absence? When does refusal to re-employ a worker following maternity or parental leave breach employment standards or human rights legislation? Compared to biological parents, what rights do adoptive parents have to leaves of absence? In what circumstances can employees take sick leave due to family-related stress or anxiety?
Discrimination: What tests do adjudicators use to determine whether a prima facie case of family status discrimination is established? What types of workplace standards or rules have been held to be discriminatory on the grounds of family status or pregnancy? Which are considered bona fide occupational requirements? Can employees refuse to work overtime or extra shifts, without facing sanctions, in order to attend to family or personal responsibilities? How are accrual of benefits, seniority, vacation, and pensions affected by leaves of absence? Is workplace stress considered a disability under human rights legislation?
Accommodations: Must employers accommodate employee requests for time off to attend to family responsibilities? What factors do adjudicators look at to determine whether an employer has accommodated employee circumstances to the point of undue hardship? Financial strain? Absenteeism rates? Scheduling difficulties? What does the procedural component of the duty to accommodate encompass? At what point does innocent absenteeism, due to family emergencies, warrant discharge?
Preventive Policies and Programs: What types of "family-friendly" or "flexible" collective agreement provisions, policies and programs can workplaces implement in order to address work-life balance issues? For example, flexible hours, telecommuting, job-sharing, part-time work, leaves of absence, in-house daycare, and cafeteria-style benefits. Have these worked in reducing employee stress and absenteeism rates? What can unions do to reduce work-life conflict for employees?