A printable PDF version of this memo can be downloaded by clicking this link.
TO: All Employees
FROM: Tricia Vogel, HR Manager
SUBJECT: Bill 148 Changes for 2018 (Fair Workplaces, Better Jobs Act) as of January 1, 2018
DATE: January 3, 2018
Hi everyone:
As you may be aware there have been some major changes to Bill 148 which amends the Employment Standards Act and the Labour Relations Act, which received Royal Assent on Monday, November 27. Although different changes in Bill 148 have different effective dates, some became effective on January 1, 2018, which the below summarizes. For changes coming into effect after January 1, 2018 there will be a subsequent memo being sent out by Feb 1 will with the remaining changes and/or impacts.
Date | Change Highlight | Impact to CLGW Employees |
December 3, 2017 | Extensions to the unpaid parental and critical illness leaves of absence | Parental Leave: The length of parental leave is extended from 35 weeks to 61 weeks for employees who have taken a pregnancy leave, and from 37 weeks to 63 weeks for employees who have not
Critical Illness Leave: This leave replaces the former “Critically ill Child Care Leave” and is available to employees with at least six months’ service. The leave provides for the following:
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January 1, 2018 | · Increased minimum wage
· Increased vacation for employees with more than five years of service |
Minimum wage: increase according to the following schedule:
· January 1, 2018: $14 per hour for most employees · January 1, 2019: $15 per hour for most employees **No direct impact presently to wages as our rates are all above these minimums Vacation: Bill 148 provides that employers must provide at least three weeks’ paid vacation on to employees with at least five years’ service. **This will impact our relief staff whom presently have more than 5 years of service. These employees will receive an increase from 4% to 6% (which is equivalent to 3 weeks of paid vacation time).
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January 1, 2018 | · New and extended leaves of absence | Leaves of absence:
1) Personal emergency leave: All employers will be required to provide the personal emergency leave (PEL), which includes that employers pay regular wages for the first two days of the leave. **This will impact Part-time and Relief Staff who currently do not receive any paid sick benefits under the CBA. For any PT or Relief staff who call in for reasons that PEL may be taken for as outlined by the ESA (see https://www.ontario.ca/document/your-guide-employment-standards-act/personal-emergency-leave), the employee will be paid for the regular hours of the relevant scheduled shift. For example if the shift in which the employee called in for is 6 hours, they will be paid for 6 hours. Full-time staff already receive a greater benefit; therefore there will be no changes to their current paid sick time allotment. 2) Family medical leave: Family medical leave is extended from 8 weeks to 28 where a family member has a serious medical condition on with a significant risk of death occurring in 26 weeks or less. 3) Domestic or sexual violence leave: New leave for employees who have been employed for at least 13 consecutive weeks and if they or their child experiences or (there is a threat of) domestic or sexual violence. The first five days of leave, each calendar year, will be paid, the rest will be unpaid. 4) Child death leave: Bill 148 replaces the former “Crime Related Child Death or Disappearance Leave” with two distinct leaves: “Child Death Leave” and “Crime‐Related Child Disappearance Leave.” Each provides an employee with at least six months’ service with unpaid leave of up to 104 weeks. 5) Pregnancy leave: Where an employee has a still-birth or miscarriage they are now entitled 12 weeks of leave, instead of 6 weeks of leave.
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January 1, 2018 | Labour Relations Act changes | As we are already unionized there is no impact here |
January 1, 2018 | Public Holidays | Simplified calculation has been created as follows:
Total amount of regular wages earned in the pay period immediately before January 1, 2018 ÷ by the # of days worked in that period If the employee was on vacation or on a leave under section 50 of the Employment Standards Act, 2000, during the entire pay period immediately before the January 1, 2018, public holiday, then calculation is based on the pay period before the start of the leave or vacation. **As the old calculation looked at earnings in the last 4 week period, this new calculation will apply to all staff |