Government Introduces Family Medical Leave Legislation

HRinfodesk---Canadian Payroll and Employment Law, April 2004

On April 13, 2004, the Ontario government tabled proposed legislation that would provide up to eight weeks of job-protected, unpaid time off work for employees who need to care for gravely ill family members who have a significant risk of dying within 26 weeks. Employees may also be eligible for federal Employment Insurance (EI) compassionate care benefits. Eligible workers can claim up to six weeks of EI Benefits to care for a dying spouse, parent or child. The government has indicated that employees would be entitled to the eight-week leave regardless of whether they qualify for EI benefits; however, unless their employers are willing to pay for the time off, the leave would be at the employee’s own expense.

If passed, The Employment Standards Amendment Act (Family Medical Leave), 2004 would create a family medical leave that:

Applies to all employees covered under the Employment Standards Act including part-time employees;

Does not require employees to have worked a specified length of time in order to qualify for the leave.

Provides up to eight weeks of job-protected leave within a 26-week period;

Allow the employee to take the leave only in periods of entire weeks;

Requires the employee to provide the employer with supporting medical certificate (by a qualified medical practitioner) confirming that a family member has a serious medical condition with a significant risk of death within 26 weeks;

Entitles the employee to an additional eight weeks of job-protected leave if the family member is still gravely ill at the end of the 26-week period, provided that a second medical certificate is obtained;

Requires the eight weeks of leave to be shared if two or more employees want to take leave to care for the same family member;

Defines a family member, for the purpose of family medical leave, as
a spouse, common law partners and same-sex partners (married or common law)
a child of the employee
a child of the employee's spouse
a parent of the employee
(child and parent includes persons in "step" or "foster" relationships);

Defines a qualified health practitioner to mean a person who is qualified to practice medicine under the laws of the jurisdiction in which care or treatment is provided to the individual;

Requires an employee to provide the employer with written notice of his or her intention of taking the leave. If an employee has to begin leave before notifying the employer, he/she would have to inform the employer as soon as possible. If requested by the employer, the employee shall provide the employer with a copy of the medical certificate;

Ends the leave on the day the family member dies or the last day of the week in which the leave period ends (which is the date referred to in the medical certificate or notice to employer (as long a the duration is no more than eight weeks within a 26 week period);

Provides family medical leave in addition to emergency leave provisions in the ESA so that employees eligible for emergency leave would have full entitlement to both leaves;

Allows employees to earn seniority and credit for length of service and length of employment while on leave, just as if they had stayed at work. While an employee was on leave, the employer would have to continue to pay its share of the premiums to certain benefit plans (i.e., pension plans, life and extended health insurance plans, accidental death plans and dental plans) that were offered before the leave.

Prohibits reprisals by employers against employees taking the leave, and enforcement would be carried out by Ministry of Labour enforcement officers.

For more information, access Bill 56 at the Legislative Assembly of Ontario. On April 14, 2004, the Minister of Human Resources and Skills Development inaugurated the Bridgeland unit of the Ontario Region Compassionate Care Benefits Processing Centre. The Bridgeland facility processes Ontario applications for the new Employment Insurance (EI) Compassionate Care benefit. The Bridgeland unit is one of only 3 centers in Ontario and one of the 15 centers in Canada processing applications for the Compassionate Care benefit.

For more information on Compassionate Care EI benefits, go to Employment Insurance (EI) Compassionate Care Benefits.

By Yosie Saint-Cyr, Editor at HRinfodesk

Published on HRinfodesk---Canadian Payroll and Employment Law

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