Ask Local 70008 – Change in Work Hours & Childcare

Question:
 My manager recently told me they want to change my hours to 9:00–5:00. For the past year I’ve been working 8:00–4:00. Those hours are the only way I can pick up my child from daycare before it closes at 4:30. I explained that this change doesn’t work for my family situation, but my manager is insisting. Do I have the right to refuse? What are my rights?

Answer – From Local 70008

Short version:
 You don’t have an absolute “right to refuse” a schedule change on your own—but you do have important rights around family status and accommodation, and you should not face this alone.

  1. Your Current Schedule Matters

You’ve been working 8:00–4:00 for a full year. That isn’t just a casual preference:

  • It’s a pattern the employer accepted and relied on.
  • It has allowed you to meet your legal childcare obligations.
  • It shows that 8–4 has been operationally workable for your work unit.

While “past practice” doesn’t freeze your hours forever, it does matter. A sudden change that seriously interferes with your ability to care for your child raises family status and accommodation issues, not just scheduling preferences.

  1. Family Status & the Duty to Accommodate

Under the Canadian Human Rights Act, “family status” (including childcare obligations) is a protected ground. Courts and tribunals have confirmed that childcare responsibilities fall under family status, especially in the federal sector. Emond Harnden+1

For federally regulated employers (like core public service departments), the leading federal case Johnstone v. Canada (Border Services Agency) set out a test for family status discrimination. In simple terms, it asks whether:

  1. You have a child under your care and supervision.
  2. You have a real, legal childcare obligation (not just a preference).
  3. You’ve made reasonable efforts to find other childcare solutions, and none are realistically available.
  4. The new work rule (e.g., 9–5) seriously interferes with your ability to meet that childcare obligation. Business Law firm | Stikeman Elliott+1

If those conditions are met, insisting on the new schedule may amount to discrimination on the basis of family status, which triggers the employer’s duty to accommodate up to the point of undue hardship. Canadian Human Rights Commission+1

Accommodation can include, for example:

  • Keeping your existing 8–4 schedule
  • Slightly adjusting start/end times
  • Other flexible arrangements that still meet operational needs psacbc.com+1
  1. How Treasury Board / Collective Agreements Fit In

Your collective agreement (e.g., for many members, the PA agreement) generally says:

  • The normal workday is 7.5 hours, between 7:00 and 18:00, Monday to Friday.
  • Within that band, the employer sets schedules—but must act reasonably and in good faith, and respect other laws (like human rights). Canada

Treasury Board policies and directives (such as the Directive on Telework and hours-of-work provisions) set a framework for scheduling and flexible arrangements. Even though managers have authority over hours of work, that authority is limited by human rights obligations and the duty to accommodate.

  1. So… Do You Have a “Right to Refuse”?

You should not simply say “no” and ignore the instruction on your own. In the federal public service, the general principle is:

Obey now, grieve (or challenge) later – unless there is an immediate health/safety risk.

However, you do have the right to:

  • Request accommodation based on family status
  • Be free from discrimination because of your childcare obligations
  • Have your situation considered case-by-case, not dismissed with “those are the new hours”

This is exactly the kind of situation where Local 70008 should be involved before you take any big step.

  1. What We Recommend You Do

Step 1 – Contact Local 70008

Get in touch with a steward or executive member right away. We can:

  • Help you frame your situation as a family status accommodation request, not just a scheduling complaint
  • Support you in meetings with your manager or Labour Relations
  • Make sure the employer is reminded of its legal obligations under the Canadian Human Rights Act and Treasury Board policies Canadian Human Rights Commission+1

Step 2 – Document Your Childcare Obligations

Write down:

  • Your child’s age and daycare/school hours
  • The closing time (4:30)
  • Commute time from work to daycare
  • Why 9–5 means you cannot reasonably pick up your child on time
  • Any efforts you’ve made to find alternatives (other daycare, other pick-up arrangements, etc.) and why they are not possible or reasonable

This helps show your situation meets the family status test—not just “I prefer 8–4,” but “I cannot fulfill my legal childcare obligations on 9–5.”

Step 3 – Make a Written Request for Accommodation

With union help, submit a short written request that:

  • States that the change to 9–5 conflicts with your childcare obligations (family status)
  • Explains that you have made reasonable efforts to self-accommodate (alternate care, etc.) without success
  • Proposes a concrete solution (e.g., maintaining 8–4) that has already been working operationally for a year
  • Asks the employer to explain any specific, objective operational reasons why 8–4 is no longer acceptable

Step 4 – Explore Options, Not Just “Yes/No”

Sometimes there may be room for creative solutions, for example:

  • 8:00–4:00 most days, with occasional flexibility for key meetings
  • Swaps with colleagues or minor adjustments within the 7:00–18:00 window
  • Hybrid/telework arrangements that reduce travel time (where applicable and consistent with current hybrid directives) Canada+1

Accommodation is a shared process. You’re expected to participate in finding reasonable solutions, and the employer is expected to seriously consider them—not just insist on what’s easiest for management.

  1. When the Employer Says “No”

If management still insists on 9–5 without a solid, evidence-based justification and refuses to consider accommodation, then with Local 70008’s support you may have grounds to:

  • File a grievance
  • Raise a human rights complaint or pursue other recourse, depending on the facts

You should not go down that path alone. These cases are very fact-specific, and it’s important to choose the right strategy.

  1. Final Message from Local 70008

You are not being “difficult” because you’re trying to care for your child. Family status is a protected human right, and employers are expected to work with you to find reasonable solutions, not simply ignore your reality.

If you’re in this situation:

  • Do not ignore it.
  • Do not just refuse on your own.
  • Do contact Local 70008 as soon as possible.

We’re here to help you:

  • Understand your rights
  • Frame your situation properly
  • Push for an accommodation that respects both your family and your job.