Refusal of Overtime: Employees will be entitled to refuse to work overtime in order to carry out family responsibilities as specified and subject to certain exceptions. Paid medical leave will begin accruing on the effective date of the Act; however, employers may require new employees to wait 90 days after the commencement of employment to use accrued time. Frontloading is permitted. General Holidays Substitution: An employer will be entitled to substitute another day for a general holiday, subject to approval in writing from the affected employee, or by 70% of the affected employees. This is part one of a two part series summarizing changes to the Code. The scope of the leave has also been expanded to cover military skills training. • Vacation entitlements: Vacation entitlements will be increased to the following: • Interruptions if eligible for another leave: An employee may interrupt or postpone a vacation in order to take another leave of absence, including maternity leave, parental leave, compassionate care leave, family responsibility leave, leave for victims of family violence, leave for traditional Aboriginal practices, or bereavement leave. The first 3 days of leave are paid for employees with 3 months’ service. ol{list-style-type: decimal;} • Nursing breaks: An employee who is nursing may take any unpaid breaks necessary to nurse or express breast milk. If you are stuck at home due to the closure of a child’s school or day care, you will be eligible for leave under two separate parts of the new law – paid sick leave and family and medical leave. In contrast, it would not be appropriate for the employee to use sick leave to care for an able-bodied spouse who has been exposed to a communicable disease, but is not exhibiting any symptoms, since the employee would not need to provide care actively to the spouse. Employees are required to follow their employer's usual practice or procedure for requesting leave; however, employers must give employees three (3) days to acquire the proper documentation for medical leave. Moreover, for the purpose of calculating vacation entitlements, an employee’s years of service are transferred in the event of a sale of business which results in the employee working for a federally regulated employer, that was previously provincially regulated. Mandating continuity of employment where this transfer from one contractor to another and from a provincial regulated employer to a federally related employer is both new and significant. An agency must maintain records of the amount of sick leave used by an employee for general family care, bereavement, and for care of a family member with a serious health condition. The Firm is known for its global perspective, deep understanding of the local language and culture of business, uncompromising commitment to excellence, and world-class fluency in its client service.

For a reemployed annuitant, any sick leave that is used in the computation of the employee's annuity is charged against the employee's sick leave account and cannot be used, transferred, or recredited in the future. Additional regulations are forthcoming and will be developed based on feedback from stakeholders. The use of sick leave would be appropriate in these circumstances even if the employee or family member is not sick but would be limited to circumstances where exposure alone would jeopardize the health of others and would only arise in cases of serious communicable diseases, such as communicable diseases where Federal isolation and quarantine are authorized, which currently includes: cholera, diphtheria, infectious tuberculosis, plague, smallpox, yellow fever, viral hemorrhagic fevers, Severe Acute Respiratory Syndrome (SARS), and influenza that causes or has the potential to cause a pandemic. Posted notice of any change must be at least 30 days prior. #block-opa-theme-content > div > div.guidance-search > div.csv-feed.views-data-export-feed {display:none;} If an employer violates the Act, an eligible employee may file a claim with Licensing and Regulatory Affairs ("LARA") within six months. An employee is also entitled to use sick leave to care for a family member who has been similarly exposed. Employees also do not need to be employed for 30 days before receiving statutory holiday pay. Leaves of Absence: The Bill will eliminate service requirements for parental leave, maternity leave, leave related to critical illness, and leave related to death or disappearance. When an employee requests sick leave to care for a family member (for family care or for bereavement purposes related to the death of a family member), the agency may require the employee to document his or her relationship with that family member. Before sharing sensitive information, make sure you’re on a federal government site. The passing of Initiative 1433 provided … Eligible employees must accrue one hour of paid medical leave for every 35 hours worked, but not more than one hour of paid medical leave in a calendar week. Founded in 1949, Baker McKenzie advises many of the world’s most dynamic and successful business organizations through more than 4,100 locally qualified lawyers and 6,000 professional staff in 77 offices in 47 countries. Managers and certain professionals are excluded. • Right to refuse overtime for family responsibilities: Employees will have the right to refuse overtime in order to carry out responsibilities related (i) to the health or care of a family member, or (ii) to the education of any family member who is less than 18 years old. Join our email list to receive legal advisories, informative newsletters and event invites based on topics relevant to you. With more than 500 labour and employment lawyers in 46 countries, Baker McKenzie uses its domestic experience and global perspective to provide seamless and integrated advice.

An employee who has likely committed the family violence is not entitled to this leave. An employee can make a written request to take vacation in more than one period. The legislation sets a 24-month cap to the total amount of leave that may be taken in any 60-month period, subject to certain exceptions.

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