Victim of the system
City mother finds no benefit options while caring for her son with leukemia
Alocal woman is fighting to bring awareness to the laws surrounding how the government accommodates parents who are caring for critically ill children. Amanda Jensen was working for the Lethbridge Lodging Association on Oct. 5 last year when she learned her son, Jake, had leukemia. It was a week after she had filed a sexual harassment complaint at work.
Jensen said at the time, her employer seemed committed to helping the family, even going so far as to visit during a stay at Ronald McDonald House.
Jensen informed her employer she was eligible for employment insurance benefit coverage through the Parents of Critically Ill Children program for a maximum of 35 weeks, and says she was given every indication she would be accommodated.
The problem is, Jensen wasn’t eligible under existing criteria for the program, as it requires a full year of employment. Jensen had only been working for seven months.
Three weeks after going on leave, Jensen received an email from her employer, stating the organization was unable to accept her request. Instead, her position would be terminated.
“I thought I was being completely taken care of until I got that email.”
Following a story by CBC, her employer issued a news release, stating: “The LLA, undergoing major strategic changes and never having encountered this situation, investigated all avenues and resources available to a small, not-for-profit organization before deciding not to grant the extensive leave of absence request.”
Jensen said she called Employment Standards and was informed she would not be protected under ES due to the fact she had been working for the company for less than a year.
Employment Standards suggested Jensen make a complaint to the Alberta Human Rights Commission, which she did.
Jensen’s complaint involved two issues — one based on gender for the sexual harassment which had not been dealt with, and a complaint on family status based on her need for compassionate care. It was dismissed without investigation, according to Jensen.
“The response that came back was unacceptable in that it did not address the sexual harassment piece, and in no way did it address the duty the employer had to protect my human rights in Alberta,” she said.
Jensen has appealed and that appeal is ongoing.
Jensen said she was “floored” by the decision on her human rights complaint. At the time, she was working with two lawyers whom she said were confident her complaint would be ruled in her favour.
“I feel like I’m fighting the system now, instead of being protected by the system,” she said. “I feel like it has not served me.”
It has been a struggle to deal with both her son’s illness and her employment issues. Her son is reacting well to treatment, which has allowed Jensen some time to focus on her employment issues.
“It’s the time I’ve had to spend researching employment law, working on legal arguments, responding to responses from the employer, even (media interviews).
“At the same time I’m trying to learn about white blood cell counts and platelet counts.”
In their statement, Lethbridge Lodging Association said a decision was made not to fill the position permanently but with a short-term position, and that they did encourage Jensen to reapply for her job when she was ready.
Jensen said the company is following the letter of the law, but she said there is a difference between what is legal and what is right.
“I don’t think there is anyone in my circle who would say what they’ve done here is right.”
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