Ontario extends parental leave to support hard-working families

Dec. 20 2000 - Employees taking full advantage of new parental leave benefits will be given full job protection under new Ontario legislation coming into effect Dec. 31 2000. Provisions of the Employment Standards Act, 2000 (Bill 147) ensure that workers will have jobs to go back to after taking parental leave with newborn children. The legislation applies to employees who become parents anytime on or after 12:01 a.m., Dec. 31, 2000. The Employment Standards Act, 2000 provides:

- 52 weeks leave: 17 weeks of pregnancy leave and 35 weeks of job-protected parental leave for a birth mother

- up to 37 weeks of job-protected parental leave for new parents (natural or adoptive). This will generally apply to fathers and adoptive parents

The Employment Standards Act, 2000 is intended to benefit both employees and employers in Ontario. Employees will benefit from access to family leave in case of emergency or the care of newborn children. Also they gain the ability to arrange flexible working hours with employers.

Employers can work with employees to design working arrangements that fit their business needs. At the same time the legislation will promote business competitiveness and cut red tape for employers while helping employees with their family responsibilities. The legislation will provide the following (source: Fact Sheet):

Employees:

- Parents won't lose their jobs just because they've chosen to take full advantage of Employment Insurance (EI) benefits. Combined pregnancy and parental leave under the Employment Standards Act, 2000 will allow parents to benefit from their full EI eligibility

- family crisis leave of up to 10 days (job protected) for anyone working for a company with 50 or more employees

- pregnancy leave provisions will be modified to be more flexible (until now, it had to start no earlier than 17 weeks before the due date; now it will allow leave to start at the time of a live birth even if more than 17 weeks before due date)

- employees will keep the right to refuse to work more than 48 hours and will still receive overtime after 44 hours

- new minimum universal daily and weekly rest periods protected by law for the first time (11 consecutive hours per day, 24 in every seven days or 48 in every 14 days)

- employees may take time off instead of overtime pay, if their employers agree

- more flexibility for employees to schedule vacation time, at their request and with agreement of employer (such as scheduling one day at a time). Note: employer still required to schedule vacations in blocks of at least a week unless employee requested otherwise

- more flexibility for employees to schedule hours of work, with agreement of employer (such as compressed work weeks; e.g. four 10-hour days instead of five-eight hour days)

- more part-time employees will be eligible for public holiday time off with pay

Employers:

- more flexibility to make work hour arrangements directly with employees to suit business needs, without government interference and red tape

- clearer, simpler wording in the Act to make it more understandable and make compliance easier

- overtime may be averaged over a period not to exceed four weeks by agreement between the employee and the employer, without the need for a government permit

- elimination of cumbersome Ministry of Labour permit system for employees working excess hours

- government permission will no longer be required for most flexible vacation arrangements agreed to with employees

- use of direct deposit of wages will be legalized except where employee has no reasonable access to a financial institution

- no longer required to obtain MOL permits for homeworkers - but required to keep information in homeworker register for minimum three years

- no longer required to keep all records for inspection in Ontario - but required to produce them within a time specified by an Employment Standards Officer

The parental leave provision comes into effect December 31, 2000. The remainder of the Act will be proclaimed later in 2001.

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