Thank you to my reader who asked questions regarding the confusing world of Attendance Management programs. These programs are tricky to navigate because of Human Rights concerns so employers need to use caution when using discipline for absences. 1. Mandated Leaves of Absence – If your workers use the Leave provisions from the Employment Standards Act, these absences cannot be subject to disciplinary action. There is a limited exception with regard to Personal Emergency Leave in that the absent employee must be able to provide “proof that is reasonable in the circumstances” to show entitlement to the leave. Failure to Continue Reading »
Under the Employment Standards Act (ESA) and/or the Human Rights Code, employees are entitled to “protected” leaves of absences. Some examples are Personal Emergency Leave days, Maternity/Parental leave and Compassionate Leaves. “Protected” leave simply means that if an employee exercises their right to take one of these leaves, their right to return to their current job and wage are protected under law. This simply means that if an employee is off, the employer can’t make significant detrimental changes to the job or wage that the employee had when they went off work. Are there “unprotected leaves”? Yes! For example, in Continue Reading »
There is some positive news for employers who require certified Joint Health and Safety Committee (JHSC) members in their workplaces. On January 31, 2019 the Ministry of Labour announced plans to allow the first portion of the JHSC training to be done online, potentially saving thousands of dollars. Previously this course could only be taken “in person” and required approximately 5 days away from the workplace. The second half of the training (specific to the workplace) will still be done “in person”.
There are some workers in Ontario whose jobs are subject to “Special Rules” under the Employment Standards Act (ESA). These jobs, due to the nature of the work performed, usually do not conform easily to the minimum standards provided in the ESA, so these rules were developed to ensure fairness and protection for both employer and worker, to the greatest extent possible. Some examples of these “Special Rules” are the lower minimum wage paid to wait staff who serve alcohol, exceptions to the limits on hours of work and rest periods for most farm and agricultural workers, and no “notice Continue Reading »
So your employee has used a “sick” day or Personal Emergency leave. Are you allowed to ask for a doctor’s note? Yes you are. But, as with all things HR, some discretion should be used. A little trust and respect can go a long way to keeping your employees happy. Also, if the employer is going to insist that the employee provide a doctor’s note, the employer is required to cover the cost of the fee for obtaining that note. The reasoning behind the requirement for a doctor’s note is to establish documentation for those employees who like to “play Continue Reading »