Scenario 3 Flashcards
Jackson is an HR professional at Lynch Corporation, a manufacturing company with 40 employees located in London, Ontario. Marilyn, who has worked for the employer for 5 years, approaches Jackson for advice concerning her current predicament. Her father’s medical condition has greatly deteriorated in the past 2 weeks and she wishes to spend time with him in his final days. Marilyn asks Jackson about taking a leave of absence to care for her father. Marilyn shares that the doctors have predicted that her father will likely succumb to his illness in the next 2 to 3 months. Marilyn therefore worries that a few weeks away to care for him would not be sufficient. She is also concerned that a lengthy leave of absence may put her at risk of losing her job. Marilyn asks Jackson what options are available to her. Which statutory leave of absence should Jackson recommend for Marilyn’s situation? a) Family Caregiver Leave. b) Family Medical Leave. c) Compassionate Care leave.
The answer is b. Family Medical Leave. Functional Area: C1 Rationale(s): A is incorrect. This type of leave may not provide Marilyn with sufficient time (8 weeks) to care for her father, who may live for another 2 to 3 months. B is correct. To be eligible for this type of leave, the employee’s family member must suffer a serious medical condition that renders him or her at significant risk of death in a 26-week period. C is incorrect. This type of leave is available under the Canada Labour Code, which does not apply to Lynch Corporation. Reference(s): Unit 5: Understanding Employment Legislation, Module 5: Leaves. Employment Standards Act, 2000, S.O. 2000, c. 41, ss. 49.1, 49.3, 50. Canada.ca: Federal labour standards and equity (https://www.canada.ca/en/employment-social-development/services/labour-standards/reports.html).
Jackson is an HR professional at Lynch Corporation, a manufacturing company with 40 employees located in London, Ontario. Marilyn, who has worked for the employer for 5 years, approaches Jackson for advice concerning her current predicament. Her father’s medical condition has greatly deteriorated in the past 2 weeks and she wishes to spend time with him in his final days. Marilyn asks Jackson about taking a leave of absence to care for her father. Marilyn shares that the doctors have predicted that her father will likely succumb to his illness in the next 2 to 3 months. Marilyn therefore worries that a few weeks away to care for him would not be sufficient. She is also concerned that a lengthy leave of absence may put her at risk of losing her job. Marilyn asks Jackson what options are available to her. Marilyn asks Jackson specifically about the family caregiver leave. What should Jackson advise her about its applicability to her situation? a) She is eligible for it because it is for a member of her immediate family. b) She is eligible for it, and can take up to 6 weeks of paid leave per calendar year. c) She is eligible for it, but will have to provide a medical certificate if asked.
The answer is c. She is eligible for it, but will have to provide a medical certificate if asked. Functional Area: C1 Rationale(s): A is incorrect. Entitlement to family caregiver leave is not limited to providing care to immediate family members; a relative dependent on the claimant for care or assistance is also included. B is incorrect. Employees can take up to 8 weeks of unpaid leave. C is correct. If requested by the employer, the employee must provide a copy of the medical certificate from a qualified health practitioner indicating the serious medical condition of the individual being cared for. Reference(s): Unit 5: Understanding Employment Legislation, Module 5: Leaves. Employment Standards Act, 2000, S.O. 2000, c. 41, s. 49.3.
Jackson is an HR professional at Lynch Corporation, a manufacturing company with 40 employees located in London, Ontario. Marilyn, who has worked for the employer for 5 years, approaches Jackson for advice concerning her current predicament. Her father’s medical condition has greatly deteriorated in the past 2 weeks and she wishes to spend time with him in his final days. Marilyn asks Jackson about taking a leave of absence to care for her father. Marilyn shares that the doctors have predicted that her father will likely succumb to his illness in the next 2 to 3 months. Marilyn therefore worries that a few weeks away to care for him would not be sufficient. She is also concerned that a lengthy leave of absence may put her at risk of losing her job. Marilyn asks Jackson what options are available to her. If Marilyn decided to take a family caregiver leave, which of the following statements is true? a) Marilyn would be entitled to up to 6 weeks of paid leave and 8 weeks of unpaid leave per year. b) Marilyn would be required to demonstrate that no other family member was available to care for her father in her place. c) Marilyn would need to inform Lynch Corporation of her intention in writing before or soon after taking the leave.
The answer is c. Marilyn would need to inform Lynch Corporation of her intention in writing before or soon after taking the leave. Functional Area: C1 Rationale(s): A is incorrect. Marilyn is entitled to a maximum of 8 weeks of unpaid caregiver leave per calendar year. B is incorrect. There is no such a requirement of the family caregiver leave. C is correct. The employee is obligated to advise the employer of the leave in writing before or soon after taking the leave. Reference(s): Unit 5: Understanding Employment Legislation, Module 5: Leaves. Employment Standards Act, 2000, S.O. 2000, c. 41, s. 49.3.
Jackson is an HR professional at Lynch Corporation, a manufacturing company with 40 employees located in London, Ontario. Marilyn, who has worked for the employer for 5 years, approaches Jackson for advice concerning her current predicament. Her father’s medical condition has greatly deteriorated in the past 2 weeks and she wishes to spend time with him in his final days. Marilyn asks Jackson about taking a leave of absence to care for her father. Marilyn shares that the doctors have predicted that her father will likely succumb to his illness in the next 2 to 3 months. Marilyn therefore worries that a few weeks away to care for him would not be sufficient. She is also concerned that a lengthy leave of absence may put her at risk of losing her job. Marilyn asks Jackson what options are available to her. Marilyn decides to take an unpaid leave and asks Jackson if she can apply for compassionate care benefits under the Employment Insurance (EI) program. What should Jackson advise her? a) Marilyn does not qualify since EI is only for the termination of employment. b) Marilyn does not qualify since compassionate care benefits is for the care of children only. c) Marilyn may qualify for compassionate care benefits if she takes family medical leave.
The answer is c. Marilyn may qualify for compassionate care benefits if she takes family medical leave. Functional Area: C1 Rationale(s): A is incorrect. The EI program offers financial assistance to workers who ae off work to care for family members. B is incorrect. Compassionate care benefits are available to care for adults also. C is correct. EI provides benefits to EI eligible workers who take family medical leave. Reference(s): Unit 5: Understanding Employment Legislation, Module 5: Leaves. Ministry of Labour: “Family Medical Leave” (https://www.ontario.ca/document/your-guide-employment-standards-act-0/family-medical-leave). • Government of Canada: “Caregiving benefits and leave: What caregiving benefits offer” (https://www.canada.ca/en/services/benefits/ei/caregiving.html). Employment Standards Act, 2000, S.O. 2000, c. 41, s. 49.1 and s. 49.3.
