Human Resources

Human Resources

Human Resources

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Bill 47

The chart below summarizes how Bill 47 will impact the changes previously made to the Employment Standards Act, 2000, through Bill 148. While the changes are extensive, some aspects of Bill 148 are being maintained, including the $14 minimum wage, the increase to 3 weeks of vacation after 5 years, and the majority of the new and expanded statutory leaves of absence (including Domestic or Sexual Violence Leave).

Bill 148 provisions that will be maintained

These provisions are not impacted by the implementation of Bill 47.

Provisions Currently in Effect

Minimum wage of $14 per hour

  • General minimum wage increased to $14.00 per hour (from rate of $11.60 per hour in place as of October 1, 2017)
  • Special minimum wages for students ($13.15), liquor servers ($12.20) and homeworkers ($15.40) also increased

Vacation Time and Vacation Pay

  • Vacation time increased from 2 weeks to 3 weeks after 5 years of service
  • Vacation pay increased from 4% of wages to 6% of wages after 5 years of service

Overtime Pay

  • For employees with more than one role and paygrade with an employer, Bill 148 eliminates the “blended rate” that is currently used for overtime pay and instead requires the overtime rate to be based on the rate of pay for the work being performed during the overtime hours
  • The amendments made under Bill 148 with respect to overtime pay remain unchanged with the implementation of Bill 47

Extended parental leave

  • Increased to 61 weeks (from 35 weeks) for employees who take pregnancy leave
  • Increased to 63 weeks (from 37 weeks) otherwise

Extended pregnancy leave

  • Increased from 6 weeks to 12 weeks for employees who experience a still-birth or miscarriage

Expanded critical illness leave

  • Up to 17 weeks to provide care and support to a critically ill adult family member
  • In addition to existing critically ill child care leave of up to 37 weeks

New Domestic or Sexual Violence Leave

  • Employees will be entitled to a leave of absence where the employee or the employee’s child experiences domestic or sexual violence or the threat of domestic or sexual violence
  • The length of the leave can be up to 10 days (if taken as days) or 15 weeks (if taken as full weeks)
  • The first five days of the leave must be paid

Extended Family Medical Leave

  • Increased from 8 weeks to 28 weeks per 52 week period to provide care or support to a family member who has a serious medical condition with a significant risk of death within 26 weeks

Provisions That Will Take Effect on January 1, 2019

Scheduling rule: the “three hour” rule

Employees who regularly work more than three hours a day and who are required to present themselves for work, but who work less than three hours (despite being available to work longer), are entitled to be paid for three hours of work.

Bill 148 provisions that are repealed and replaced by Bill 47 provisions

  Repealed Bill 148 provision New Bill 47 provision Effective Date

Minimum Wage

  • General minimum wage increases to $15.00 per hour (from rate of $14.00 per hour in place as of January 1, 2018)
     
  • Special minimum wages for students ($14.10), liquor servers ($13.05) and homeworkers ($16.50) also increase
  • General minimum wage will freeze at $14 per hour until 2020, at which point annual increases tied to inflation will restar
     
  • The scheduled increases for students, liquor servers, and homeworkers are similarly frozen until October 1, 2020.

N/A

Note:  The minimum wage will remain $14, with no increases until the next inflationary adjustment scheduled for October 1, 2020.

Public Holiday Pay

  • Holiday pay calculation will be based on number of days actually worked
     
  • Employees that work on the public holiday and receive a substitute day off must also be provided with written notice of the day of the substitute holiday
  • Bill 47 reverts back to the public holiday pay formula in effect prior to Bill 148, meaning that the previous prorated public holiday pay formula is reinstated.

N/A

Note: this change had already been implemented on an interim basis by regulation as of July 1, 2018.

Equal Pay for Equal Work – Sex

  • Prohibition on basing differences in pay on sex remains the same
     
  • Employees have new right to request a “review” of their rate of pay and to receive a substantive written response from their employer
  • The prohibition on basing differences in pay on sex remains the same
     
  • The right of an employee to request a written “review” and receive a substantive written response is repealed
January 1, 2019

Leaves of Absence

Sick Leave, Family Responsibility Leave and Bereavement Leave (under Bill 47)

replace Expanded Personal Emergency Leave (PEL) under Bill 148

  • All employers must provide 10 days of PEL per calendar year, the first two of which must be paid
     
  • Employers cannot require employees to provide a medical note as a condition of receiving PEL
  • Bill 47 removes PEL in its entirety from the ESA and instead provides for three unpaid leaves 
     
  • An employee with a minimum of two consecutive weeks of service will have the following leave entitlements under Bill 47:
     
  • Sick leave: up to three (3) unpaid days in each calendar year due to personal illness, injury, or medical emergency
     
  • Family Responsibility Leave: up to three (3) unpaid days in each calendar year due to the illness, injury, or medical emergency of selected family members
     
  • Bereavement leave: up to two (2) unpaid days per calendar year due to the death of selected family members
     
  • Employers may require reasonable evidence that employees are entitled to leave, with no express restriction on requesting medical note

Note: if an employee takes leave, whether paid or unpaid, under the terms of their employment contract in circumstances for which the employee would also be entitled to take leave under the ESA, the employee is deemed to have taken their statutory leave

January 1, 2019

Classification as contractor

  • Employers are prohibited from treating a person as if they are not an employee when they are an employee
     
  • This is aimed at preventing employers from misclassifying workers as independent contractors rather than employees
     
  • Onus of proof that person is not an employee is on employer
     
  • Prosecution and monetary penalties under ESA for misclassification
  • The prohibition on treating employees (for the purposes of the ESA) as if they are not an employee (i.e. as if they are an independent contractor instead) remains in force
     
  • The “reverse onus” is repealed: under Bill 47, the employer will no longer bear the burden of proving that an individual is an independent contractor rather than an employee
     
  • This onus shifts back to workers, who will be required to prove that they are in fact an employee
January 1, 2019

Bill 148 provisions that are repealed and NOT replaced by Bill 47 provisions

  Repealed Bill 148 provision
(Currently in effect)
New Bill 47 provision Effective Date

Equal pay for equal work - employment status

  • Employers cannot base differences in pay on employment status (e.g. whether the employee is full-time / part-time / casual / temporary / seasonal)
     
  • Employees have new right to request a “review” of their rate of pay and to receive a substantive written response from their employer
  • Repealed - no remaining obligation or entitlement

January 1, 2019

Equal pay for equal work - assignment employee status

  • Temporary help agencies cannot base differences in pay on assignment employee status
     
  • Employees have new right to request a “review” of their rate of pay and to receive a substantive written response from their employer
  • Repealed - no remaining obligation or entitlement
January 1, 2019

 

  Repealed Bill 148 provision
(Would have taken effect January 1, 2019)
New Bill 47 provision Effective Date

Changes to schedule or work location

  • Employees with at least three months of service may submit a written request to change their schedule or work location
  • Repealed - no remaining obligation or entitlement

Will not come into effect

On-call employees - guaranteed three paid hours

  • If “on call” employees are not called into work, or are called in but work less than three hours despite being available to work longer, then they must be paid three hours at their regular pay rate
  • Repealed - no remaining obligation or entitlement

Will not come into effect

Right to refuse - 96 hour rule
  • An employee can refuse to work or to be on-call on a day that they were not scheduled to work or be on-call if the employer does not provide 96 hours’ notice
  • Repealed - no remaining obligation or entitlement

Will not come into effect

Cancellation pay - guaranteed three paid hours

  • If a scheduled shift or scheduled on-call assignment is cancelled within 48 hours of the scheduled start time, employees must be paid three hours at their regular pay rate
  • Repealed - no remaining obligation or entitlement
Will not come into effect