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.