If you ask a typical employer whether it needs to change workplace operations to accommodate an employees child care, you might get a bewildered stare. A Federal Court of Canada ruling, Attorney General of Canada v. Johnstone (Johnstone), puts that possibility on the table and could have a major impact on the accommodation efforts required of employers. Johnstone was a full-time border services officer employed by the Canada Border Services Agency (CBSA). As a full-time employee, Johnstone worked on a rotating shift schedule. Johnstone's husband was also a full-time employee for the CBSA and also worked on a rotating shift schedule. Prior to the birth of her first child, Johnstone asked CBSA for a fixed full-time schedule so she could arrange for childcare. Johnstone wanted to work three 13-hour days because she could get the assistance of friends and family for those three days. She told the CBSA that most daycare facilities operated from 7:00 am to 6:00 pm and could not accommodate her normal shifts. Johnstone also argued that a live-in nanny was cost prohibitive.
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