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Proposed Changes to Ontario’s Employment Standards Act

November 21, 2017, by Corina Sibley | Work Environment and Policies

Ontario's Bill 148 was ordered for Third Reading on November 17, 2017.  Some of the amendments to the Bill since the Second Reading include the following:

  • The proposed new Domestic or Sexual Violence leave allows for employees to take up to 17 weeks of leave, the first 5 days of which are paid.
  • It is proposed that the current Critically Ill Childcare Leave be replaced by a broader Critical Illness Leave which would cover critical illnesses of both children and adults, with up to 37 weeks of unpaid leave to care for a critically ill minor child or up to 17 weeks of unpaid leave to care for a critically ill adult.
  • Entitlement for Family Medical Care Leave has increased from the proposed 27 weeks to now 28 weeks of unpaid leave.
  • Changes to the calculation of pay for the purposes of the 3 hour rule as follows, "If an employee who regularly works more than three hours a day is required to present himself or herself for work but works less than three hours, despite being available to work longer, the employer shall pay the employee wages for three hours, equal to the greater of the following:

1.  The sum of,

           i.  the amount the employee earned for the time worked, and

           ii.  wages equal to the employee’s regular rate for the remainder of the time.

2.  Wages equal to the employee’s regular rate for three hours of work."

Future blogs will cover in more detail the various changes to Ontario's Employment Standards Act proposed under this revised Bill 148, including scheduling, public holiday pay calculations and substitutions, misclassification of workers, etc. 

More information on these most recent amendments to Bill 148 can be found here.  


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