Canada:
Update: Bill 148 - Employment Standards Act Amendments
05 December 2017
Minden Gross LLP
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EFFECTIVE
IMMEDIATELY |
Independent Contractors |
- Misclassification of employees now a
violation of the ESA
- Employers will have burden of proof
re: proper classification
|
EFFECTIVE DECEMBER 3,
2017 |
Critical Illness Leave |
- Replaces Critically Ill Child Care
Leave
- Up to 17 weeks unpaid job protected
leave to care for critically ill adult
- Up to 37 weeks unpaid job protected
leave to care for critically ill minor child
|
Parental Leave |
- Increased from 35 weeks to 61 weeks
of unpaid job protected leave if take with pregnancy leave
- Increased from 37 weeks to 63 weeks
of unpaid job protected leave if taken without pregnancy leave
|
EFFECTIVE JANUARY 1,
2018 |
Minimum Wage |
- General rate increased to $14.00 per
hour
- Student rate (< 18 years of age)
increased to $13.15 per hour
- Liquor server rate increased to
$12.20 per hour
|
Vacation |
- 2 weeks' vacation (4% vacation
pay) for the first 5 years of service
- 3 weeks' vacation (6% vacation
pay) after 5 years of service
|
Public Holiday Pay |
- New formula based on wages/days
worked in prior pay period
- Employer must provide a written and
dated notice clearly stating the substitute date for the public
holiday
|
Overtime Pay |
- Now calculated based on actual rate
of pay for the work performed during overtime hours (not a blended
rate)
|
Personal Emergency Leave |
- Now applies to all employers, not
just those with 50 or more employees
- Up to 10 days of job protected leave
every calendar year (first 2 days paid)
- Employer can request backup
documents, but no longer allowed to require a medical
certificate
|
Domestic or Sexual Violence Leave |
- Up to 10 days of job protected leave
each calendar year (first 5 days paid); PLUS
- Up to 15 weeks of unpaid job
protected leave each calendar year
|
Pregnancy Leave |
- Increased from 6 weeks to 12 weeks
unpaid job protected leave for still-birth or miscarriage
|
Family Medical Leave |
- Increased from 8 weeks to 28 weeks of
unpaid job protected leave
|
Child Death Leave |
- Replaces Crime Related Child Death
Leave
- Up to 104 weeks of unpaid job
protected leave
|
Crime Related Child Disappearance Leave |
- Increased from 52 weeks to 104 weeks
of unpaid job protected leave
|
Record Keeping Requirements |
- Records must now be kept for 5 years
(not 3) and must now include more details to account for the
amendments to the ESA(i.e. duties and times various duties worked,
on-call schedules, cancelled or changed shifts, documents regarding
leaves, etc.)
|
Temporary Help Agencies |
- 1 week of notice or pay if 3+ month
assignment ends early
|
EFFECTIVE APRIL 1,
2018 |
Equal Pay for Equal Work |
- All employees (including part-time,
temporary, seasonal workers) are entitled to equal pay as other
employees at the same establishment when performing
"substantially the same" kind of work
- Different rates of pay are
permissible if based on seniority, merit, productivity, or another
factor other than gender or employment status
|
EFFECTIVE JANUARY 1,
2019 |
Minimum Wage |
- General rate increased to $15.00 per
hour
- Student rate (< 18 years of age)
increased to $14.10 per hour
- Liquor server rate increased to
$13.05 per hour
- Future increases will be tied to
CPI
|
Requests for Schedule or Work Location Changes |
- Employees can request schedule and
location changes
- Employer must address requests within
reasonable time period
- Employer must provide reasons for
denied requests
|
Scheduling Protections |
- Minimum 3 hours of pay at regular
rate of pay for shifts < 3 hours
- Minimum 3 hours of pay at regular
rate of pay if < 48 hours' notice of cancelled shift
- Employee can refuse shift or on call
if < 96 hours' notice of shift
- Minimum of 3 hours of pay at regular
rate of pay for on call work, even if not called
|
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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