Reservists + Work

[Kitty88]

Hello,

I am currently working part-time and have just given my notice to my employer that I need some days off to do my Reservist Basic Training (told her as soon as I had information on dates).  She has been giving me a hard time about changing my availability and saying she just can't give me time off.  Part of me thinks this is extremely illegal... but I cannot find anything within the Ontario Labour Board about being able to take time off for Basic.  I have been working well over 6 months and have always given appropriate time for days needed off.

So I have been researching this for awhile and can only find under the Ontario Labour Board any information about Reservists and taking time off work (but it only says Inernational Operations outside of Canada or Operations within Canada).

If anyone can point me in the right direction or some help with this, it would be greatly appreciated.

Thank you,

Chels

 

[jrst]

I don't really have any advice to your original question, but keep in mind when you're looking up labour laws that sometimes there are different rules for part time employees compared to full time.  Hopefully she comes around and starts working with you

 

[Kitty88]

Thanks Jrst!

 

[Eaglelord17]

If you applied for that job and well getting hired you explained you have certain commitments to the reserves such as training requirements, then they hire you they have to oblige by them to a reasonable extent. If you join up in the reserves after your employed I believe your current employer doesn't have to accommodate you as that wasn't part of the original agreement. This is not illegal, you can go on course but if your scheduled to work and you don't show up they can just as easily fire you. It may seem unfair until you look at it from the employers perspective. They hired you and you've all of a sudden done a backflip on what your agreement was and you expect them to accommodate you? Your the one who took the second part time job and changed the agreement don't be surprised if they don't accommodate you at all, its not there responsibility its yours.

 

[Kitty88]

Eagle, thanks for the reply.  I figured as much, although she did know that I was getting hired into the Reserves and I said I would eventually have to change my availability.  Guess I will have to play it out and see if I need to start pounding the pavement again.  Thanks.

 

[Eaglelord17]

No problem best of luck

 

[chrisf]

Most provinces have job protection legislation, and most of the legislation has to do with "active deployments" as opposed to training.

I'm not absolutely familiar with Ontario's legislation, but there's likely nothing requiring them to give you time off for reserve training.

That being said, you may be able to get help via your chain of command from the Canadian Forces Liason Council (CFLC), while they can't force your employer to do anything, they can help you to show your employer the benefits of reserve training, and employing reservists.

 

[Fishbone Jones]

There is nothing in the law that requires an employer to give time for normal reserve training. Especially for part timers.

If they agree, good. If they don't, too bad, time to make a choice.

There's no other options.

 

[mariomike]

... but I cannot find anything within the Ontario Labour Board about being able to take time off for Basic. 

Reservist Leave
http://www.labour.gov.on.ca/english/es/pubs/guide/reservist.php

 

[Fishbone Jones]

Reservist Leave
http://www.labour.gov.on.ca/english/es/pubs/guide/reservist.php

Did you read the part of the OP's post that spoke to Basic? Regular reserve training?

Not Emergencies, not International Ops or all the other stuff mentioned in the first para of the link.

Basic friggin' Reserve training.

Please quit clouding and confusing the issues with all your links and stick to the subject(s).

 

[Kitty88]

Appreciate the opinions.  Think I'll just have to bite the bullet if they decide to fire me

Cheers

 

[bridges]

As 'a Sig Op' mentioned, the CFLC may be able to help.  There's some good introductory info & FAQ here, as well as a toll-free number:  http://www.cflc.forces.gc.ca/ees-pae/rr/rus-pau/rgees-greee-eng.asp

They also have summaries of each province's job protection legislation here: http://www.cflc.forces.gc.ca/jpl-lse/pro/index-eng.asp

It may be worth checking into, as you may not have to bite the bullet after all.  Good luck. 

 

[daftandbarmy]

Appreciate the opinions.  Think I'll just have to bite the bullet if they decide to fire me

Cheers

I've done that before... doesn't look great on the resume if you're looking for work in the future, especially if future employers want a wonderful reference from a previous employer, so I'd definately keep that as a last choice.

No idea if the 'Honouraries' in your unit can help out, or other members who are employed elsewhere in the same business. Sometimes they 'know people who can talk to people' to smooth the way.

 

[Kitty88]

I've done that before... doesn't look great on the resume if you're looking for work in the future, especially if future employers want a wonderful reference from a previous employer, so I'd definately keep that as a last choice.

No idea if the 'Honouraries' in your unit can help out, or other members who are employed elsewhere in the same business. Sometimes they 'know people who can talk to people' to smooth the way.

Hey thanks, thats a great idea.  I will try and do that this week!  Thanks very much everyone.

 

[Fishbone Jones]

As 'a Sig Op' mentioned, the CFLC may be able to help.  There's some good introductory info & FAQ here, as well as a toll-free number:  http://www.cflc.forces.gc.ca/ees-pae/rr/rus-pau/rgees-greee-eng.asp

They also have summaries of each province's job protection legislation here: http://www.cflc.forces.gc.ca/jpl-lse/pro/index-eng.asp

It may be worth checking into, as you may not have to bite the bullet after all.  Good luck.

Last line in your link for Ontario Provisions:

Limitations: No provisions for military training.

 

[bridges]

Last line in your link for Ontario Provisions:

Limitations: No provisions for military training.

Yes, and with font that loud, anyone in the province should be able to see it. 

I'm just sharing a link to the experts, not reading through every document.  If she wants to follow up on it & see what else they might suggest, their number is 1-800-567-9908. 

 

[Bluebulldog]

The other side of the equation is that you are classed as part time, meaning you are not obligated to be available for all shifts your employer schedules. This is the particularly nasty bit that employers who rely on part time staff tend to overlook.

If you have an agreement with the employer stating that you are to be complimented a certain number of hours in a given pay period, then that's all you have to do. You are also entitled as a part timer to give your availablity schedule to your employer in advance, noting time periods when you will not be available, and the employer cannot make you work during those.

Having said that, is it going to be worth pursuing should your employer decide to simply not schedule you, lay you off, or fire you....probably not, but you would be in the right regardless.

If you happen to be employed by an organization with an HR dept, have an open conversation with them. Or put your case in writing to your immediate supervisor, and their manager, often lower level supervisors dont have any real authority other than what they think they can get away with.

 

[Kitty88]

Thanks Bridges and Blue.  I will see if I can get a hold of an HR rep. this week.  Conveniently, everyone seems on vacation right now.  :facepalm:

 

[JorgSlice]

Even Alberta only allows for 20 calendar days per year allotted for training, doesn't really do good for a lengthy course like QL5. I guess it's up to your employer and/or union whether or not to give you the time for training.

Better than nothing though.

 

[Dissident]

My company pays for and organizes training days for us to get training which pales in comparisson to most of the military training I get. The CFLC shoud be able to make her see what you would get out of the training and how it benefits her and the company.