Parental leave requested by worker who may not be involved with child

Does employer have to provide leave if employee is not primary caregiver?
By Leah Schatz
|Canadian HR Reporter|Last Updated: 05/30/2019

Question: Does an employer have to provide parental leave to an employee who is the biological father of a baby but it knows the employee isn’t really involved with the care of the child (for example, the mother has a new partner and is estranged from the employee)?

Answer: Human rights legislation generally prohibits employers from discriminating against employees on the basis of protected grounds with respect to the terms and conditions of employment. Depending on the applicable human rights legislation, the protected grounds of family status and gender would likely be engaged.

As such, an employer that refuses an employee’s request for leave on the basis of these protected grounds will likely find itself on the receiving end of a human rights complaint.