Janice* had been working around three days a week as a freelance English teacher for a large company for around two years. When she became pregnant, the company was very understanding, and naturally she reduced her availability during the final weeks of her pregnancy. After her baby was born, she continued working a reduced schedule while caring for her child during the first year. Both sides seemed to have an understanding that pregnancy and taking care of a child required a bit of flexibility in scheduling. And as a freelancer, Janice wasn’t eligible for the childcare leave benefits paid through employment insurance.

Then it was time to sign her next contract.

The company had been so reasonable up to this point that Janice was surprised when they told her that her pay rate wouldn’t increase because she hadn’t worked enough days during the previous year. She was aware that there was a clause requiring a minimum number of shifts per week to receive the yearly raise, but thought there would be an exception for her situation.

She then asked her branch to review the Freelance Act to see if anything could be done. They found that for certain long-term freelance arrangements, businesses are required to consider accommodations related to pregnancy, childbirth and childcare. Freelancers are also protected from disadvantageous treatment because they asked for or received those accommodations.

The company had accommodated Janice’s reduced availability. However, it seemed really unfair that using that accommodation later cost her a pay increase. She was left wondering: isn’t this exactly the kind of situation the Act should cover?

The General Union is challenging that outcome. If a freelancer is allowed to reduce their workload because of pregnancy or childcare, only to have that reduction used against them financially later, the protection doesn’t mean very much.

The Freelance Act is still relatively new, and exactly how some of these protections will work in practice is still being tested. The union’s position in Janice’s case is simple: using a pregnancy or childcare accommodation shouldn’t leave a freelancer worse off because they used it.

After all, what good is an accommodation if using it costs you later?

*Name changed for privacy.

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