The Ontario government recently proposed a new piece of legislation, titled the Employment Standards Act (Leaves to Help Families). If passed, the three new leaves would be:
Family Care Leave
Under this leave, an employee would be entitled to a maximum of 8 weeks of unpaid leave in a given year. The aim of the leave is to allow an employee the opportunity to provide care and support to a family member with a serious medical condition. To be eligible, the employee would be required to produce a doctor’s note certifying that the applicable family member of the employee has a serious medical condition.
Critically Ill Child Care Leave
Under this proposed leave, an employee may be entitled for up to 37 weeks of unpaid leave to provide care or support to a child who is critically ill. This could be in addition to any Family Care Leave which the employee might have taken. However, to qualify, the worker must have been employed by his or her employer for at least six consecutive months in order to be entitled.
Crime-Related Child Death and Disappearance Leave
Here, an employee may be entitled to up to 52 weeks leave of absence without pay, where the employee’s child has disappeared, as a result of a crime. Where the child had died as a result of a crime, the employee would be entitled to up to 104 weeks of leave without pay. One notable qualification in this section is that the employee would not be entitled to the leave if he or she is charged with the crime. The leave would also not be available where it has been determined that the child was a party to a crime. Also, like the Critically Ill Child Care Leave, the employee must have been employed with the employer for at least six consecutive months.
The passage of the proposed amendments to the Employment Standards Act would provide workers with increased job security. Employees would have the assurance that their absence from work, due to family emergencies, could not be used by an employer to justify their termination. Employers who violate these provisions would be liable for sanctions under the Employment Standards Act, as well as a civil claim for damages based on wrongful termination.
If you have any questions regarding your rights as an employee, or employer, feel free to contact one of the employment lawyers at Brown Litigation.
Posted by D. Jared Brown Lead Counsel