6.Child Care and Workplace Accommodations: InAttorney General of Canada v. Fiona Ann Johnstone and Canadian Human Rights Commission,2013 FC 113 the Federal Court held that the Canada Border Agency had a duty to accommodate a mother with her child care needs. The employer was required to assist the employee in scheduling her hours so that she could meet her child care requirements. Both parents worked for the Canada Border Agency and her shift request was denied. "Family status" under the Canadian Human Rights Act covered child care obligations. This is an important decision since it recognizes that employers do need to respect reasonable requests for scheduling of hours of work so that child care obligations can be met. It was noted that if an employer could accommodate medical disabilities, it could also accommodate child care needs. The better view is that the reasoning of the Federal Court will ultimately be adopted by provincial jurisdictions.

InPeternel v. Custom Granite & Marble Ltd., 2019 ONSC 5064 (CanLII)The employee had two young children who required early morning care. Prior to the employee's maternity leave for her third child, the employer was lenient about the employee's start time to allow her to attend to these child care needs. While on maternity leave, the employer told the employee that when she returned to work, she would be required to arrive no later than 8:30 a.m. due to changing business circumstances. The employee claimed that she was unable to do so because she could not secure childcare. Ultimately, the employee did not return to work. The employer was found not to have breached the Ontario Human Rights Code for accommodating child care needs.

Do you agree that an employer must accommodate an employee's hours due to requirements for childcare or is it up to the employee to make alternative arrangements for childcare? Does this give preferential shift scheduling to parents over employees with no children? Does an employee have an obligation to exhaust all childcare options first? Would this extend to eldercare under family status if one should have to care for an elderly parent?

http://www.ohrc.on.ca/en/human-rights-and-family-status-brochure

https://www.molylaw.com/2018/11/parental-status-shift-work-daycare-childcare-emergencies/

https://canliiconnects.org/en/commentaries/29108 Single Childless Employees have rights too

https://www.cbc.ca/news/business/childless-employees-work-life-balance-1.4953036

https://www.lawsonlundell.com/labour-and-employment-law-blog/can-an-employee-transform-an-employers-leniency