Trying to learn and apply the many recent changes to the Employment Standards Act to your workplace can be a daunting task. We are trying to make the process less intimidating by introducing the changes to you a few at a time.
This blog discusses five of the many changes that were made to Ontario’s employment standards legislation as a result of Bill 148
1.Every employee, including a part-time employee, with at least one week service is entitled to take 10 personal emergency days each year and the first two days are paid. An employee can take this leave for a personal illness, injury or medical emergency for themselves or certain family members, or to deal with an urgent matter for themselves or certain family matters.
2. A pregnant employee can now take up to an 18 month unpaid leave of absence. This change came into effect about the same time that federal employment insurance legislation was amended to permit employees to collect employment insurance benefits over 18 months.
3. The new way to calculate statutory holiday pay is as follows: the total amount of regular wages earned in the pay period immediately preceding the public holiday, divided by the number of days the employee worked in this period. This new calculation will translate into an increase in statutory holiday pay for many part-time employees. There are currently nine paid statutory holidays under the Employment Standards Act. Make sure you use this calculation for Family Day.
4. An employee with at least three months service can request a change in work schedule or work location. The employer must either grant the request or provide reasons for denying the request. This law is subject to an employer’s duty to accommodate an employee on the basis of disability, family status or any other ground prescribed under the Ontario Human Rights Code.
5. As of April 1, 2018, a part-time employee must receive the same rate of pay as a full-time employee when they perform substantially the same kind of work, their performance requires substantially the same skill, effort and responsibility, and when their work is performed under similar working conditions unless an exemption applies.
For a more comprehensive summary of the Bill 148 changes to Ontario’s Employment Standards Act, click here.
For 30 years, Doug MacLeod of the MacLeod Law Firm has been advising employers on all aspects of the employment relationship. If you have any questions, you can contact him directly at 416 317-9894 or at [email protected]
In the last month or two many (if not most) organizations have introduced a mandatory COVID vaccination or/or a COVID negative policy. A mandatory vaccination policy requires an employee to get double vaccinated, whereas a COVID negative policy requires an employee to...
The best way to reduce litigation risk in relation to an employee termination is to agree in advance how much notice of termination (or pay in lieu of notice) an employee is entitled to receive. Employers rarely provide ANY notice of termination so the employee’s...
Like most employment lawyers, I have been getting calls from employers asking whether they can require employees to get vaccinated for COVID before returning to the workplace.