Saturday, October 29, 2011

Work and loss

A few days ago, a close member of my family passed on. She was 11 years old (but nearly 80 in human years). It has been a difficult few days, but nonetheless, my mind connects this to HR (coping mechanism?).

I am fortunate enough to have a job I can do from home, and an understanding group of coworkers, so I was able to stay home rather than having to deal with these news in the office. However, if you are an hourly employee, work in emergency services, or have an un-sympathetic boss, coping with loss may become extremely difficult. As such, I've complied a small list of resources and basic rules that govern how employees who have lost someone (or about to) must be treated, and what rights you have.

If you have a (close) family member who is suffering from a terminal illness, section 49.2 of the Employment Standards Act allows you to take up to 8 (unpaid) weeks to care for them. Note that a week is Sunday to Saturday, not necessarily a standard work week for you. It is also important to note that, if requested, you would need to provide proof that the family member's illness must be at a severity level "with a significant risk of death occurring within a period of 26 weeks or such shorter period". Very sensitive. It also stipulates that once that person passes, you must return to work the week after (e.g. if they passed Saturday, you're back at work Sunday, even if you had another week or two left in the leave). However, if they do not pass during the leave, but the illness continues, you may be permitted a second leave.

Note that the request needs to be made in writing, but interestingly, there is no minimum on the number of employees the company must have before this rule comes into effect.

Another option is the Personal Emergency Leave (section 50.1). This applies if you or a family member (including children-in-law) have been injured or killed. There is a maximum of 10 days you can take off in this instance, and the company must have at least 50 people for this type of option to become available. You'll also need to provide proof of the need for a leave.

Other that these, you're essentially out of luck. If you have vacation time you can use that, but conversely, I would advise informing your superior of the situation and see if they're willing to help. I know I've worked in places where I would not be eligible for these ESA rights, but at the end of the day most employers know they won't get much out of you for a little while, so a fair deal can often be struck.

As for me, I'm just lucky my boss has a dog, too.


 Poochini
RIP
2000-2011