Some of you had asked questions regarding the impact of the “equal pay for equal work” provision on benefit plans and “fill in” jobs. The MOL has been swamped, it took almost six weeks to get my answers. (The quotes are from their email to me.)
MOL confirmed: “The equal pay for equal work rules speaks to pay, not benefits plans” Their interpretation is that employers who offer health and dental benefits only to full time staff can continue to do so without having to now offer the benefit plan to “non-full-time” employees.
Another question dealt with the “equal pay” provision impact when an employee who earns less but has the right skills fills in for another employee who is on a leave (i.e. parental) – Does the employer have to pay the “junior” employee the same wage, benefits, etc. as the person who is on leave?
“Under the new equal pay for equal work rules, an employer may pay a casual, part-time, temporary or seasonal employee less than a full-time employee who does the same job if the difference in the rate of pay is due to a seniority system, or any other factor other than sex or employment status.”
Their interpretation is that NO you don’t have to match the wage if there is evidence that they are on a lower step on a pay grid. Benefits as discussed above do not need to be offered unless the employer wishes to.
Stay tuned, I still have more queries that they are working on.
Got a query of your own? Contact me!
