Category Archives: Vacation, Public and Religious Holidays

Blogs with information on Vacation pay, Public or Statutory Holiday Pay and related practices

What Does “Protected Leave” Mean?

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 »

Have You Heard of the Special Rule Tool?

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 »

Not All of Bill 148 Was Cancelled

Employers should be aware that although a number of the “Bill 148” provisions were cancelled under “Bill 47”, some are still in effect that might pose a problem for your business. Three Hour Rule – (Starting Jan 1, 2019), if an employee who normally works more than 3 hours is sent home before working 3 hours, they are entitled to be paid at their normal rate (previous ESA standard was only minimum wage) Overtime rule – (already in place) if an employee has more than one rate of pay (i.e. travel rate and job site rate) you must still track Continue Reading »

MORE Legislation Changes Coming in 2019

Did you hear?  “Bill 47” (cancelling “Bill 148” put in last year) PASSED and became law last week.  Not done yet, the Ford Government is now implementing “Bill 57: Restoring Trust, Transparency and Accountability Act”.   Bill 57 has “paused” the upcoming changes required under the Pay Transparency Act (introduced by the former Liberal government) which would have required employers to post wage information on job postings, and added a whole host of reporting requirements on businesses. In addition, the new act is also changing the way Legion Halls are assessed for tax purposes, makes changes to the Alcohol and Gaming legislation regarding Continue Reading »

Non-Medical Accommodations in the Workplace

Non-Medical Accommodations in the workplace are complex, and it is very important that you understand and respect your employee’s rights. Every situation is unique, and employers are entitled to “proof that is reasonable in the circumstances” to grant these accommodations.  Employers must work with the affected employee(s) to ensure that their right to accommodation is preserved, but also ensuring that the operational needs of the employer are met. This can be a delicate balancing act. Religious accommodation includes allowing time to pray during the workday, giving alternate days off for observation of religious holidays, and working with employees in “safety-sensitive” Continue Reading »