Pregnant Teacher Can Take Sick Leave to Avoid Exposure to Rubella

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A pregnant teacher didn’t have an immunity to rubella, which was prevalent in her school. Thus, her continued teaching would put her at serious risk of getting the disease and endanger her unborn baby. She wanted to take sick leave but the school refused because she wasn’t actually sick. An arbitrator ruled that there are some situations in which a teacher who wasn’t currently sick should be permitted to take sick leave and this was one of them. Essentially, the teacher’s lack of rubella immunity was a physical disability in these particular circumstances that required accommodation [Waterloo Catholic District School Board v. Ontario English Catholic Teachers’ Association, [2011] CanLII 2974 (ON L.A.), Jan. 20, 2011].