I need some advice. I recently requested an unpaid leave of absence to attend a family reunion out of the country. My supervisor was on board with it and approved it, noting that no one else is booked off during that week, so it wouldn’t impact work. However, when it went to the manager, he denied it, saying that granting unpaid leave "sets a precedent for others to ask for it." Here’s where it gets weird: my supervisor told me he’d just not schedule me that week and said to keep it on the down low. The thing is, I’m leaving the country, and I need something official in writing to avoid issues. I know my manager has a reputation for being difficult and even my supervisor called him an asshole, but I’m wondering if this kind of response is normal in workplaces. Should I push for written approval or just go with what my supervisor suggested?
Also, are there any laws under the Employment Standards Act (I’m in canada toronto.]) that I should be aware of regarding unpaid leave? For context I'm union.
I just want to handle this the right way without risking my job. Any advice or similar experiences would be super helpful. Thanks.
Questions Answered:
It is not uncommon for conflicts to arise between supervisors and managers in the workplace, especially when it comes to decisions like granting unpaid leave. In this case, it seems like your supervisor is trying to accommodate your request while the manager is concerned about setting a precedent. It is essential to have written approval for your leave to avoid any issues, especially since you will be leaving the country. Pushing for written approval is advisable to protect yourself in case any disputes arise later on.
Under the Employment Standards Act in Ontario, Canada, employees are entitled to unpaid leave for specific reasons, such as family medical leave, family responsibility leave, and bereavement leave. However, the Act does not explicitly address unpaid leave for family reunions or personal reasons. Since you are part of a union, it is crucial to review your collective agreement to see if there are any provisions related to unpaid leave that may apply to your situation.
Potential Strategies:
Request a Meeting: Schedule a meeting with both your supervisor and manager to discuss the situation openly. Express your concerns about the lack of written approval and seek clarification on the reasons behind the denial of your leave request. This can help resolve any misunderstandings and potentially lead to a compromise.
Document Everything: Keep a record of all communications related to your leave request, including emails, messages, and notes from meetings. Having a paper trail can be beneficial if you need to escalate the issue or seek legal advice in the future.
Consult with Union Representative: Reach out to your union representative for guidance on how to proceed. They can provide you with information on your rights under the collective agreement and offer support in dealing with management.
Things to Discuss with a Lawyer:
Legal Options: Discuss with a lawyer the potential legal implications of the situation, especially if you feel that your rights are being violated. They can advise you on the best course of action to protect yourself and your job.
Employment Standards Act Compliance: Seek legal advice on whether the denial of your unpaid leave request complies with the Employment Standards Act and your union agreement. A lawyer can help you understand your rights and options for recourse.
Conflict Resolution: If the situation escalates or if you face any repercussions for pushing for written approval, consult with a lawyer on how to handle conflicts in the workplace effectively and protect your interests.
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