Other changes, such as the modest limitations on the new scheduling rules or
paid personal emergency leave, may go some way to address employer concerns.
It is also distinct
from Personal Emergency Leave, which only applies to employers with over 50 employees and even then only provides up to 10 days unpaid leave.
The original version of Bill 148 would have added «sexual or domestic violence, or the threat of sexual or domestic violence» experienced by an employee or a listed family member as a specific ground for
claiming personal emergency leave under the ESA.
In addition to raising the minimum wage, Ontario passed legislation in November to mandate equal pay for equal work,
expand personal emergency leave, and increase law enforcement.
Although the deadline to make submissions
on Personal Emergency Leave was August 31, 2016, all other issues may be canvassed until October 14, 2016.
Ten days of unpaid job
protected personal emergency leave is also available under section 50 of the ESA to employees because of personal illness, injury or medical illness of the employee or their family (broadly defined) but this is only available to employees who work in an organization with 50 employees or more.
TORONTO — A report commissioned by the Ontario government recommends all employees be granted a week of
unpaid personal emergency leave a year — read more...
They were protesting the Liberal government's decision to allow an «exception» for the auto industry
for personal emergency leave (PEL) days.
Some Proposes Changes to the ESA Bill 148 proposes changes to the Employment Standards Act (the «ESA») including a $ 15 minimum wage by January 1, 2019, an additional week vacation after 5 years of service, and two
paid personal emergency leave days -LSB-...]
Part of the changes that came from Bill 148 include the expansion
of personal emergency leave (PEL), otherwise known to most as sick leave.
In this, our first follow - up FTR Now, we will focus
on Personal Emergency Leave (PEL) under the Employment Standards Act, 2000 (ESA) as that entitlement is being singled out for earlier consideration in the Review...
Bill 148 originally proposed to expand the grounds for
claiming personal emergency leave to include domestic or sexual violence or the threat of sexual or domestic violence.
Personal emergency leave would also be expanded.
And certain payments to employees will be excluded from regular wages used to calculate public holiday pay, such as public holiday pay, premium pay, vacation pay, domestic or sexual violence leave pay,
personal emergency leave pay, termination pay, severance pay and termination of assignment pay and entitlements under a provision of an employee's contract of employment.
Effective January 1, 2018,
personal emergency leave will be available to all employees, not just employees of employers who regularly employ 50 or more employees.
Bill 148 will require all employers to provide 10 days of
personal emergency leave, two of which must be paid.
November 8: Ontario proposes to paid
personal emergency leave for every worker and to prohibit mandatory doctor's notes
Employers would be prohibited from requesting a sick note from an employee taking
a Personal Emergency Leave.
A third topic is Bill 148 expansion of the 10 days
personal emergency leave to small employers (prior 50 +), with at least two of those days being paid.
Regular wages does not include any overtime pay, vacation pay, public holiday pay, premium pay,
personal emergency leave pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of assignment pay payable to an employee.
Examples include, but are not limited to: absences related to
personal emergency leave (i.e. personal illness, injury or medical emergency, and the death, illness, injury, medical emergency or urgent matter relating to certain family members and dependent relatives) as well as absences for family medical leave.
All employees, regardless of size of the workforce, would be entitled to ten (10) days of
Personal Emergency Leave («PEL»), including two (2) paid PEL days, beginning on January 1, 2018.
«regular wages» means wages other than overtime pay, public holiday pay, premium pay, vacation pay, domestic or sexual violence leave pay,
personal emergency leave pay, termination pay, severance pay and termination of assignment pay and entitlements under a provision of an employee's contract of employment that under subsection 5 (2) prevail over Part VIII, Part X, Part XI, section 49.7, section 50, Part XV or section 74.10.1; («salaire normal»)
I am calling because I am excited about the changes to Ontario's labour laws announced by Premier Kathleen Wynne, in particular the $ 15 Minimum Wage,
the Personal Emergency Leave, and equal pay for equal work
ten
personal emergency leaves (two paid) will mean that migrant workers can take sick days or emergency leaves without fear of losing their jobs;
Learn how to best prepare yourself when inevitably dealing with future requests and headaches concerning areas such as scheduling, reporting pay and
personal emergency leave.
Bill 148 makes significant changes to
the personal emergency leave provisions of the ESA, including:
Ontario arbitrator finds employees entitled to short - term and long - term disability plans under collective agreement not entitled to Personal Emergency Leave
There is a qualifying period for the paid portion of the leave, such that an employee must have been employed for one week before becoming entitled to the 2 paid days (if
a personal emergency leave is required in the first week of employment, it will be taken from the 8 unpaid days).
The new leave would be in addition to other leaves under the ESA, 2000 that can be utilized by employees for the care of relatives, such as family medical leave (which is available where eligible relatives are terminally ill) or
personal emergency leave.
The Employment Standards Act, 2000 (ESA) sets out the terms and conditions for employee sick leave under the definition for
personal emergency leave.
Indeed, the provincial government is planning major changes to its employment standards legislation in areas such as pay equity, work scheduling, employee classification, paid vacation allowances,
personal emergency leave and enforcement and compliance — Queen's Park intends to hire approximately 175 new employment standards officers to ensure that employers follow these new rules.
Reasons for
personal emergency leave would include employees who experience domestic or sexual violence, or the threat of sexual or domestic violence
Ontario has introduced limited amendments to
personal emergency leave for certain employers in the automobile sector.
On vacation or
personal emergency leave: when your employee has taken either leave immediately after the public holiday
Note that on October 11, 2017, we will be holding an Advantage session in Toronto on Bill 148 and the key amendments to the ESA and the LRA that will impact employers, including the changes to the minimum wage, equal pay for equal work, scheduling,
personal emergency leave, temporary help agency employees, card - based certification for certain industries, first collective agreement arbitration and more.
As we previously reported, Bill 148 will provide two paid days of
personal emergency leave, of the total ten day allotment.
Committee amendments include a qualifying period for the paid leave, such that an employee must have worked for an employer for one week before becoming entitled to the two paid days (if
a personal emergency leave is required in the first week of employment, it will be taken from the 8 unpaid days).
Also, employers will need to be mindful of complying with wage increases, fulfilling their increased record - keeping requirements, and accepting their employees» extended family medical leaves and
personal emergency leaves (some of which are paid).