HR Home › Forums › Private › Full Time Employee Returning to School – Will request reduced/part time hours
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Forum: Private
A full‑time permanent call center employee has advised they are returning to school and may request reduced/part‑time hours.
1. Until a request is made, we continue work as agreed through their signed offer of employment (full time).
2. A request for part time hours is not an automatic change, attendance at school is not a protected ground under the Ontario Human Rights Code. There is no duty to accommodate or a legal obligation to approve the request.
3. We would consider the request and approve or deny it based on our legitimate business needs (coverage, scheduling, service level impact) in an objective and documented manner.
4. We would clearly communicate our decision based on business rationale, with no pressure or suggestion of resignation, and no reprisal linked to the request.
5. Should the employee advise they cannot meet the full time requirements, we believe the options would be a) continue working full time, b) voluntarily resign (with no coercion or suggestion), c) if they are unable to meet the role’s full time requirement, termination without cause, with appropriate notice/pay. Careful documentation and risk assessment would be monitored at this stage before making that decision.My question is, having noted above, what would be best advice to follow at #5? With key notes being keeping clear separation between the employee choice and business requirements. I feel we may get to a point with the employee where they force the issue to work part time and that does not align with our business needs. Thank you!
You should continue to treat the role as full-time unless and until the employee formally requests a change. If a request for part-time hours is made, it should be assessed objectively based on legitimate business needs such as scheduling, service levels, and operational coverage. Since attending school is not a protected ground under the Ontario Human Rights Code, there is no legal duty to accommodate the request, but it should still be considered in good faith and documented carefully.
If the request is denied, you should clearly communicate that the position requires full-time availability and that this requirement is based on business needs, not the employee’s personal choice to attend school. It is important to avoid any language that could be interpreted as discouraging the employee from remaining employed or suggesting resignation. The focus should remain on the requirements of the role rather than the employee’s request.
At that point, you should allow the employee to respond and confirm whether they can continue to meet the full-time requirements of the position. This step is critical, as it ensures that any next steps are based on the employee’s stated ability to fulfill the role, rather than assumptions or pressure from the employer. Maintaining this distinction helps reduce legal risk.
If the employee confirms they are unable to meet the full-time requirements, you can then consider appropriate next steps. While the employee may choose to resign voluntarily, this should never be presented as an expectation or preferred outcome. If the employee does not resign and cannot meet the role’s requirements, you may proceed with a termination without cause, providing appropriate notice or pay in lieu.
Throughout the process, you should ensure consistency, clear documentation, and a neutral, business-focused rationale for all decisions. Care should also be taken to watch for any potential human rights considerations that may arise indirectly. By keeping a clear separation between the employee’s personal choices and the organization’s operational requirements, you can manage the situation in a fair and defensible manner.
I hope this helps!
-HRInsider StaffGreat, thank you very much.
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