Denial of personal leave to care for child not discrimination: B.C. tribunal

Worker took 18 months of maternity and parental leave; wanted 12 more months
By Jeffrey R. Smith
|Canadian HR Reporter|Last Updated: 01/30/2019

A British Columbia worker’s claim of discrimination based on family status related to her employer’s refusal to grant her additional leave following parental leave has been dismissed by the B.C. Human Rights Tribunal.

Jana Durikova was employed as a store clerk at the B.C. Liquor Distribution Branch (LDB) of the provincial Ministry of Justice. She was hired in 2007 as a unionized worker with a collective agreement that allowed the option of extended child care once parental leave had been completed.

In July 2014, Durikova went on maternity leave followed by parental leave.