Ontario Court Ruling: Miscarriage is a Disability

catiecatp

https://www.cbc.ca/news/canada/kitchener-waterloo/miscarriage-disability-human-rights-ontario-1.3517109

An Ontario court has provided an interim decision that miscarriage is a disability and a woman has the green light to go ahead with a discrimination case that resulted in a woman losing her job in 2014. This case has the potential to change how pregnancy loss  is treated in at least Ontario and could influence the discussion around miscarriages.

SnobunnieMel

Wow! I continue to be so jealous of how Canada views pregnancy and cannot wait to move to a place that gives women the proper protection and one to heal around it. 

BornReady

Wow, how amazing! Thanks for sharing

mylittleversailles

I live in Ontario. My husband started his current job just as we conceived. When we learned we were going to lose the baby, his work made it clear his compassion leave was unlimited, despite only being at the job for two months. He ended up staying at home with me for almost four weeks because we were both such a mess and is now on track for promotion. 

I hope this precedent means there will be similar attitudes spread throughout all workplaces and social spaces.

edit: words

MWoodside

That is wonderful, both the ruling and how your husband was treated @catiecatp!

I was treated so poorly by the leave department of my employer when I had my 14 week loss. My 1 week (so 5 work days) short-term disability claim was denied.  Mind you, this included 2 days before my D&C when the baby was deceased inside me, the day of my D&C itself and then 2 days to recover.  The determination was that only the D&C day itself would be a day that should have been missed, no days prior & no days after.  My OB even appealed it because he was so horrified and appalled at the denial.  I was literally curled up in my bed sobbing for this entire week so the thought of going into work and a) not crying & b) getting anything productive done whatsoever is so far from the reality of the situation.

It felt like such a giant slap in the face after working here for 10 years (this was in 2012).  I have done my best to let it go, but I still hold the grudge if I allow myself to think about it.

fivetimesnoluck

I applaud this decision. If Canada weren't so damn cold.....

@reneeannemm I think that is amazing. I am so happy to hear that you were both allowed that time to grieve and be with one another.

@MWoodside That's awful. I know it was a while ago, but I am so sorry you went through that. Do you still work for the same employer?

It's really sad to me how out of touch our system is when it comes to supporting/accommodating mothers and fathers in the workplace.

catiecatp

My DH has been employed with the same major Canadian bank for a number of years (we're in Alberta) - he was given as much time as he needed to recover from our miscarriage and his supervisors were very accommodating. Even within the bank though I believe that it varies by supervisor and location - not because the bank policy differs but because management styles vary. Some managers are likely less approachable about this type of issue. That said, internal transfers would likely be an option if you were displeased with how you were treated...

Personally I was on a mid-semester break when I had my miscarriage - I'm not sure how it would have been handled by the university. I'm sure they would have wanted to accommodate me but there aren't many professors to cover additional classes on short notice. Missing one or two classes could, theoretically be accommodated but would throw the content coverage off for the entire semester. Two of my classes last term were held once a week for 3 hours on a different campus located 80-90 minutes one way away - and both were senior level classes. I'm not sure who could/would have covered them. With only 12 classes total - missing one is a huge portion of the term. It would have been hard to prepare materials never mind presenting the materials - but I don't know what I would have been able to have accommodated. As a sessional instructor I already feel vulnerable. Thankfully I didn't have to deal with that issue - I had 2-3 weeks at least off between the onset of the miscarriage and when the semester restarted.

catiecatp

@fivetimesnoluck - not all parts of Canada are super cold. The Okanagan valley (Kelowna BC) is quite warm actually - a full 4 seasons, little snow in the city but close to mountains for skiing and a lake for swimming in the summer. Some regions of Southern Ontario are usually not too bad, and Vancouver and Victoria are bigger cities in BC that have more temperate climates...

Just saying, IF you want to move after the November elections, there are decent options. Though the economy is doing poorly right now (especially in Alberta because we rely so heavily on oil revenue).

MWoodside

@fivetimesnoluck, yes I do still work for the same employer. I filed a formal complaint and never even received a response.  My direct supervisors and even my state manager was very understanding and didn't question me taking the week off, but I did have to use personal time. The company is huge, so the people treating me poorly aren't the people I work with daily, but it still felt shitty.

@reneeannemm, I misread initially and thought your post was by the OP.  I am so glad your husband's employer was understanding and accommodating.

fivetimesnoluck

I can only imagine how that felt, @MWoodside. Grateful that your local team was more understanding!

@catiecatp Thanks for the tips! There is one potential outcome from November that could send me packing... Hopefully, it won't come to that. And of course, I am being a bit dramatic. But, it does seriously sadden me how behind the world the US is when it comes to caring for women's health.

SnobunnieMel

@fivetimesnoluck my DH is from Victoria, BC and I highly recommend there. It's gorgeous with mild weather and a laid back island mentality. We plan on moving as soon as BC allows PAs to work there. 

dpjennifer

@fivetimesnoluck I completely agree with you.  I can't believe how far the US is behind on maternal care.  The fact that we aren't given maternity leave is beyond ridiculous!  I really hope this decision made in Canada instill some changes for the better both for our northern neighbors and for us, because it is sorely needed!

roper2617

This is so great! Ontario is making some great forward steps. They recently announced one round of IVF to be covered by OHIP as well for those struggling with infertility. 
It does make me grateful that I live here for sure. 
My employer thankfully handled my MC with compassion, although I think that's because my MW wrote me off work. 

Thanks so much for sharing @catiecatp

catiecatp

Mat leave is one thing that I'm really worried about with applying to academic positions in the US. I'll likely have to go the naive Canadian approach in interviews to find out more. Because if I don't get much leave - or even paid leave because I haven't worked long enough for the company - it is one thing - but I can't have my medical coverage cut while on unpaid leave. Another question would be what happens if I give birth in the middle of a semester - mat leave at some universities I've been looking at is long (by US standards) in that it is 12 weeks (Canadian the standard is 12 months...) - but if I give birth at the end of November - that takes me out the end of a term and half of the next term... I really don't know how they would accommodate it in the US. It would be something I'd have to try to negotiate I suppose - rather than ask many questions at the interview. But it is a fine line of asking questions about the topic and not getting cut from the pool of candidates - it would be hard to prove discrimination. And if I was discriminated against, is that the employer I want to work for...? 

DinosaurJumper

@catiecatp Just had to look up Kelowna BC to see what you mean. Does seem like a very beautiful area with a nice climate. Very tempting!    
I understand your concerns about work and planning a a pregnancy around it! i'm in the same boat! I am the head grower for a nursery and our busy season is Feb thru June. Being out for 4 to 6 weeks during that time would be destructive. We are just a little nursery in the middle of nowhere and we only have so many employees even in our peak season, there would be no one to do my job. I always hope that when I do get my rainbow baby, that the EDD will be during the slow season. Then I could also enjoy the time, and not 'power through' to get back to work asap. I hope you are able to get this all figured out and your rainbow baby soon

catiecatp

@DinosaurJumper - if you ever have a chance to visit I highly recommend the Okanagan Valley - so much wonderful fruit and award winning wineries - as well as a lovely place to visit.

Cubslove12

That's amazing, my immediate boss was very understanding for my first MC. She even came into my office one day and told me to go home. I was a little irritated though about the flexibility from the upper people. This was my first MC and I had no idea what to expect, when I was told it was a miscarriage and DR. Apt was made for me the following week to determine if it was passing naturally (I was personally in a state of shock so I just agreed and never thought about it).  Since I had made a DR apt for during the day, and you aren't allowed to take partial days I wasn't really excused, I had to take the whole day or bring a dr. note stating that was their only time. I personally didn't want to take a whole sick day since I wasn't sure what was going to happen and sub plans are more work sometimes than just working. It made me so mad that here I was naturally miscarrying and still working and had to get a freaking dr's note. My boss felt so bad, but had no way to change it for me. 

My husband's work told him to go home and were extremely understanding both times. 

the second miscarriage I was on spring break so I took no time off. 

DinosaurJumper

@Cubslove12 That's terrible. Miscarrying naturally can be so painful, I know mine was. And to be work while doing so? Or having to run around and do errands after something so traumatic just happened? I can't believe it, I'm so sorry you had to go through all that, and I'm sorry for your losses.