Westbank First Nation office.

(JOHN MCDONALD / iNFOnews.ca)

A former Westbank First Nation employee has launched a civil suit against the Band after he was barred from taking parental leave.

Anthony Libio was told he couldn't transition from his medical leave of absence into parental leave, so he instead resigned. He claims the Band's decision amounted to a constructive dismissal, according to court documents.

Libio worked at the Band for about four-and-a-half years, mostly in the finance department.

In May 2022, he was supposed to take his parental leave. His wife, who is a Westbank member and also works for the Band, took the first half of their parental leave.

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Before that time was up, his doctor recommended he take a mental health leave in March. He planned to either return to work once doctors cleared him or transition to parental leave in May, whichever came first, but the Band claimed that was against its policy, according to court documents.

Libio got a letter from his employer on April 29, claiming he couldn't transition directly from his employment insurance to parental leave. Instead, Libio first had to work a full three months.

He asked about whether there was a specific Band policy that restricted the combination of his employment insurance and parental leave. The claim says not only did the Band fail to point to a specific policy, it has no such rule.

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Libio handed in his resignation on May 9, 2022, so his wife could return to work at the Band and he would take over childcare.

He filed the civil suit against his former employer on March 1 at the Kelowna courthouse.

He claims he was "wrongfully and constructively dismissed" and is seeking lost wages and benefits, along with other costs.

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There's no specific costs set out in the court documents, but the claim does say particulars would be provided "prior to trial."

None of Libio's claims have been proven in court and Westbank First Nation hasn't responded to the suit.

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