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New B.C. family responsibility leave requires full disclosure on the part of employee

Friday, August 10, 2018 @ 1:25 PM | By Mike Hamata

A late 2017 arbitration decision out of British Columbia — Kone Inc. v. International Union of Elevator Constructors, Local 82 (Kelpin Grievance)  [2017] B.C.C.A.A.A. No. 128 — confirmed that employees cannot “ambush” employers with an after-the-fact claim that going AWOL was actually a legislatively protected leave. In this case, the leave claimed was B.C. “family responsibility leave." Given the recent changes to the Employment Standards Act, B.C. employers will be likely to receive more requests for protected leaves. Although from the arbitral context, this case has broader application...