Summary of Bill 148- Changes to Employment Standards Act, 2000
Attached is a summary of changes for the upcoming year impacting the Employment Standard Act, 2000.
Many of the proposed changes to the Employment Standards Act are scheduled to take place on a rolling basis. As of January 1, 2018, many of the increased leave requirements are set to come into force. However, increased pregnancy leave and the ultimate minimum wage increase are set to come into force on April 1, 2018 and January 1, 2019, respectively.
Current | Proposed Change | |
Minimum Wage | $11.40/hour | $14/hour (Jan. 1, 2018)
$15/hour (Jan. 1, 2019) |
Vacation Time/Pay | 2 weeks/4% | 3 weeks after 5 years/6% |
Public Holiday Pay | new formula, no “time off in lieu” | |
Part-Time, Casual, Temp., Seasonal Employees | same pay rate as comparable full-time (exceptions apply) | |
Scheduling | right to request changes in work hours or location | |
3-Hour Rule | 3 hours deemed (at min. wage) if regular shift reduced to under 3 hours | minimum 3 hours pay for shifts < 3 hours or shift cancellation |
Independent Contractors | violation to misclassify | |
Record Keeping Requirements | scheduling, leaves, on-call shifts, vacation time, pay | |
Family Medical Leave | 8 weeks | 27 weeks |
Parental Leave | up to 37 weeks | up to 63 weeks |
Pregnancy Leave (miscarriage or stillbirth) | 6 weeks | 12 weeks |
Personal Emergency Leave | 10 days/50+ employees | 10 days (2 paid)/all employers, no note required |
Domestic Violence Leave | N/A | up to 10 days, up to 15 weeks |
Crime-Related Child Disappearance Leave | 52 weeks | 104 weeks |
Child Death Leave | N/A | 104 weeks |