On September 1, 2019, the Government of Canada made big changes to the Canada Labour Code. This means that the workplace will change for federal employers and employees.
Even if you’re an employer or employee who only works in Ontario, these changes could apply to you if you work in a federally regulated industry, such as banks (e.g. TD Bank, Scotiabank, RBC, BMO, CIBC) or telecommunications (e.g. Rogers, Bell, Telus). Federal employees and employers, even if the workplace is solely in Ontario, would not be subject to the Ontario Employment Standards Act.
Here are some of the changes that employers and employees need to know:
Personal Leave
Employees now get a maximum of five days per year for personal leave. This leave can be taken as personal sick leave, responsibilities to care for a family member’s health, school-related responsibilities for children under 18, and attend urgent matters for family members. The first three days of leave will be paid. This closely mimics the recently scrapped personal emergency leave that Ontario employees got under the Employment Standards Act.
Vacation
Vacation time and vacation pay has changed depending on an employee’s length of service:
| Length of Service | Vacation Time | Vacation Pay |
| 1 year | 2 weeks | 4% of wages |
| 5 years | 3 weeks | 6% of wages |
| 10 years | 4 weeks | 8% of wages |
Time off for Overtime
Instead of being paid overtime pay, employees can be given paid time off instead of just straight pay. Paid time off is still calculated at one and a half times (1.5) their regular work.
Breaks
Employees get 30 minutes of unpaid breaks every five hours. If they are required to work during any break, they must be paid. These breaks can be used for lunch.
Breaks for Medical Reasons or Nursing
Employees must be given unpaid breaks for medical reasons or for mothers who nurse. There is no limit to these breaks but an employer is allowed to ask for medical documentation. This simply conforms with an employer’s obligation to accommodate employees under human rights law.
Work Schedule
Employees are entitled to 96 hours of advance notice in writing if their employer plans to change an employee’s shift or schedule. Exceptions apply for emergencies.
Flexible Work
After six months of work, an employee can request to have a flexible work environment, including modified hours of work, schedule, or work location. An employer must provide written reasons if the request is refused. Employers are not allowed to reprise or retaliate against employees for making such requests.
Bereavement Leave
Employees now get five days of bereavement leave, up from three.
Medical Leave
In addition to personal leave, employees are entitled to medical leave (used to be called sick leave) for 17 weeks, unpaid.
Jury Duty
Employees must be given time off to be a witness or a juror in a legal proceeding or lawsuit.
No changes to Unjust Dismissal
There were no changes made to the unjust dismissal provisions under the Canada Labour Code. This means that employees are still entitled to greater job security over their fellow Ontario-regulated employees. Here is an example where I succesfully represented an employee against a just cause termination. Federally regulated employers can only dismiss an employee for just cause, or due to a true restructuring. These employers cannot simply terminate without cause and provide a severance package.
Jason Wong is a Toronto Employment Lawyer that provides legal services to employers and employees. You can contact Jason at 647-242-5961 or jason@wongemploymentlaw.com