Canada Kicks Ass
Woman fired for taking a leave to take care of her ill son

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Jack_Styner @ Tue May 09, 2017 1:01 am

Woman fired after asking for leave to take care of her son who had been diagnosed with cancer (Her complaint to the manager of sexual harassment might have played a part)
http://www.cbc.ca/news/canada/calgary/c ... -1.4094911

The laws need to change to protect the workers from such a situation. Should her worry about money or take care of her son.

   



martin14 @ Tue May 09, 2017 5:28 am

$1:
Alberta's labour laws require an employee to work at their job for one year to be eligible for compassionate care leave. Jensen had been at her job for eight months.

Another sticking point was the requirement for a doctor's letter certifying they believe the family member will die within 26 weeks, whereas Jake is on a 3½-year treatment plan and is expected to recover.


No, the laws are fine.
You can't expect such a full range of benefits after such a short time working.

She is busy thinking she is too damn special.

   



ShepherdsDog @ Tue May 09, 2017 6:18 am

I doubt she is thinking about how 'special' she is. Pretty sure she is wishing that everything was normal about her life

   



DrCaleb @ Tue May 09, 2017 6:30 am

martin14 martin14:
$1:
Alberta's labour laws require an employee to work at their job for one year to be eligible for compassionate care leave. Jensen had been at her job for eight months.

Another sticking point was the requirement for a doctor's letter certifying they believe the family member will die within 26 weeks, whereas Jake is on a 3½-year treatment plan and is expected to recover.


No, the laws are fine.
You can't expect such a full range of benefits after such a short time working.

She is busy thinking she is too damn special.


That's pretty cold there Martin. [cold]

She doesn't get to choose when her kid develops cancer, nor what kind or how it's treated. If it's supposed to be compassionate leave, then there should be some 'compassion' involved.

   



Coach85 @ Tue May 09, 2017 6:50 am

She lost me at:

$1:
Jensen went on to file a complaint with the Alberta Human Rights Commission on the premise she was discriminated against based on her gender and family status.


I get that she feels like she's got the shit-end of the stick, but to drag that out as the reason is almost as bad as pulling out the race card.

There's a balancing act between protecting the worker and not hindering the business to move forward.

   



Jack_Styner @ Tue May 09, 2017 7:07 am

She should have gotten some compassion. A short time to arrange things for her son's treatment or something like that. Now her world is in ruins, she has to look for a job to pay for her sons treatment while worrying about his treatment and health

   



Thanos @ Tue May 09, 2017 7:09 am

ShepherdsDog ShepherdsDog:
I doubt she is thinking about how 'special' she is. Pretty sure she is wishing that everything was normal about her life


Gotta jettison the weak ones that drag us down. That way we'll be strong for when we have to fight the Corporate Wars against Islam & Sons, LLC. :|

   



BartSimpson @ Tue May 09, 2017 8:29 am

The Lethbridge Lodging Association is a non-profit organization that exists to promote tourism in Lethbridge, Alberta.

It's not a bunch of big corporate meanies who make billions.

It's a mostly volunteer organization that depends on donations to keep operating.

So why is this woman entitled to tell the donors that they have to pay to support her and her son? Why is she allowed to force the organization to change from their focus on tourism and the local economy into a social services charity?

Maybe the association should just close up and tell her to go pound sand.

   



martin14 @ Tue May 09, 2017 8:44 am

DrCaleb DrCaleb:
That's pretty cold there Martin. [cold]

She doesn't get to choose when her kid develops cancer, nor what kind or how it's treated. If it's supposed to be compassionate leave, then there should be some 'compassion' involved.


Not when you are sitting on the business and money side of things.

Consider:

The employer would have to keep her on file, do all the paperwork around income taxes,
remittances, all government paperwork. For no result.

Now consider the money, also a strain for a small company or NGO.

Hire a replacement .. for 35 weeks, maybe more. You can find out exactly how long
she could have stretched the leave out.. maybe years.

If you hire a new person, they have to be put into the system, given access codes
and passwords and whatever, and trained. For 6 months of work. Maybe.

If her job was nothing special, maybe a temp could do it, Maybe. But the temp agency would charge you twice the money.
If the job required special knowledge, then you lose 2-3 months minimum in training another person. So then after investing those 2-3 months, you can keep them for another 3 months.

Then you can potentially be on the hook for 2 people doing the same job, and paying out
twice the money for one job, because the first one decides to come back.
Months of double salary, retraining, temp fees, vacation pay, finding a reason to fire someone, avoiding a lawsuit.......

And all that for a person who doesn't qualify for compassionate leave in the first place.
And for a person who just filed a sex harassment lawsuit against you.



Yeah.

No.

Hell No.


Back in my day, the government changed the definition of a "small" and "medium" sized company. The paperwork would basically triple. So we cleaned out some chaff, changed a few job descriptions and got the company back under the limits.

About a year later, the rules changed again (they did that a lot in Slovakia) and an attempt was made to introduce a union into our company.
Couple people got fired, couple people got 'reassigned' to our subsidiary, and the rabble rousers were informed this union idea was just not going to happen. All that while we were paying out 3 times the money the State was paying for a similar
job. Horror of horrors, all we did was ask them to work.



But not to worry, I'm sure your fat ugly SJW Labour Minister soon will have legislation requiring all employers to offer paid compassionate leave after ONE DAY on the job. And double money for single mothers. It will do wonders for business.


Jack_Styner Jack_Styner:
, she has to look for a job to pay for her sons treatment while worrying about his treatment and health

Geee, I thought Canada had free Health Care. Say it isn't so. :lol:

   



DrCaleb @ Tue May 09, 2017 9:31 am

martin14 martin14:
DrCaleb DrCaleb:
That's pretty cold there Martin. [cold]

She doesn't get to choose when her kid develops cancer, nor what kind or how it's treated. If it's supposed to be compassionate leave, then there should be some 'compassion' involved.


Not when you are sitting on the business and money side of things.

Consider:

The employer would have to keep her on file, do all the paperwork around income taxes,
remittances, all government paperwork. For no result.

Now consider the money, also a strain for a small company or NGO.


$1:
5. Is the employer required to continue wage payments while the employee is absent?

No. The Code provides job security only. There is no provision for paid leave of absence. Some employees, however, may be entitled to benefits under the Employment Insurance Act.

Information about eligibility and benefits may be obtained from Service Canada, calling their toll free number at 1-800-277-9914 or visiting a Service Canada Centre.


https://www.canada.ca/en/employment-soc ... -care.html

   



herbie @ Tue May 09, 2017 9:57 am

WTF is all this BS?
You punch a button on your payroll program that you're going to have to anyway to print a T4. You call the Employment Center with a temp posting and hire one. You don't PAY for a temp agency when there's tons of people seeking work.
Maybe you'll spend a few hours interviewing, and because you got warning of leave, she trains them for a couple weeks.
You don't pay shit while someone's on leave unless it's in a union contract.
When they come back, you give the temp 2 weeks notice and press another button to print their ROE.
Whoop dee shit. What extra costs? Maybe if there's a union contract you have to keep paying extended health & dental and send a form to your company's benefits insurer if they get continuing pay.

And someone taking leave sure as hell wouldn't take another job to pay for treatment because
1. You don't pay for treatment.
2. You wouldn't have taken leave of your job in the first place!

Same as maternity leave. You can't fire someone for taking maternity leave.

   



martin14 @ Tue May 09, 2017 10:03 am

DrCaleb DrCaleb:
martin14 martin14:
DrCaleb DrCaleb:
That's pretty cold there Martin. [cold]

She doesn't get to choose when her kid develops cancer, nor what kind or how it's treated. If it's supposed to be compassionate leave, then there should be some 'compassion' involved.


Not when you are sitting on the business and money side of things.

Consider:

The employer would have to keep her on file, do all the paperwork around income taxes,
remittances, all government paperwork. For no result.

Now consider the money, also a strain for a small company or NGO.


$1:
5. Is the employer required to continue wage payments while the employee is absent?

No. The Code provides job security only. There is no provision for paid leave of absence. Some employees, however, may be entitled to benefits under the Employment Insurance Act.

Information about eligibility and benefits may be obtained from Service Canada, calling their toll free number at 1-800-277-9914 or visiting a Service Canada Centre.


https://www.canada.ca/en/employment-soc ... -care.html


It isn't the wages, it's the admin to keep someone on which still costs money.

   



DrCaleb @ Tue May 09, 2017 10:28 am

martin14 martin14:
It isn't the wages, it's the admin to keep someone on which still costs money.


Like Herbie says, with modern accounting software there is next to no administration.

Firing her was a legal, but sleazy move. That's the part of the law that needs to change for compassionate leave. As you say, they could hire someone conditionally, and have the position open for her when she's ready to return.

We have two people off from my team tight now. We carry insurance that starts on day 1. One is being covered off, the other we flew in a guy from Montreal to cover that guy. Both will have a job when they return from long term disability, and get 75% pay from the company in the mean time.

The company doesn't have to do this, but they do so because it's the right thing to do. :idea:

   



martin14 @ Tue May 09, 2017 10:34 am

If you force small companies to behave like that, you will have no more small companies. :idea: :idea:

Classic you haven't got a clue.

   



BartSimpson @ Tue May 09, 2017 10:34 am

DrCaleb DrCaleb:
Firing her was a legal, but sleazy move.


Sounds like she's a pain in the ass, too. If she was all sunshine and unicorn farts I'm pretty sure they'd go beyond what the law requires.

But she isn't.

   



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