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Bill 104, 10 Paid Sick Days for Ontario Workers Act, 2023

Fraser, John

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Bill 104 Original (PDF)

EXPLANATORY

NOTE

The

Bill makes the following amendments to the Employment

Standards Act, 2000 :

1. Sections

50, 50.0.1 and 50.0.2 of the Act, which provide for sick leave, family responsibility

leave and bereavement leave, respectively, are repealed.

Section 50 is

re-enacted to provide for up to 10 paid days of personal emergency leave in the

case of a personal illness, injury or medical emergency, the illness, injury or

medical emergency of a specified family member or an urgent matter concerning a

specified family member.

2. The

Act is amended to require that the Minister implement an employer support

program to provide resources and supports to assist employers in providing personal

emergency leave as required by the new

section

Section

50.1 of the Act, which currently provides for three days of paid infectious

disease emergency leave, is amended to increase this number to 10 days of paid

leave.

Bill 104 2023

Act to amend the Employment Standards Act, 2000 with respect to personal

emergency leave and the establishment of an employer support program for such

leave

Preamble

Paid

personal emergency leave allows employers and employees alike to succeed,

especially during times of public health emergencies.

Employees

deserve to be able to do their jobs, to care for themselves and their families

and to stay safe and healthy. Employers deserve workplaces that are productive

and kept safe.

Time

off to get well or to care for an ill loved one is a matter of dignity and

public safety and is, ultimately, a key to productivity. Paid personal

emergency leave ensures that workplaces remain open and prevents the spread of

illnesses by giving employees time off to get well or to care for a loved one.

Paid

personal emergency leave is necessary to support employers and employees.

The Government of Ontario is committed to

working with small business owners to facilitate this change and to support employers

and employees alike.

Therefore,

His Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

(1) Subsection 1 (1) of the Employment

Standards Act, 2000 is amended by adding the following definition:

“personal

emergency leave pay” means pay for any paid days of leave taken under

section

50; (“indemnité de congé d’urgence personnelle”)

(2) The

definition of “regular wages” in subsection 1 (1) of the Act is repealed and

the following substituted:

“regular

wages” means wages other than overtime pay, public holiday pay, premium pay,

vacation pay, domestic or sexual violence leave pay, infectious disease

emergency leave pay, personal emergency leave pay, termination pay, severance

pay and termination of assignment pay and entitlements under a provision of an

employee’s contract of employment that under subsection 5 (2) prevail over

Part

VIII,

Part X,

Part XI,

section 49.7,

section 50, subsection 50.1 (1.2),

Part XV

section 74.10.1; (“salaire normal”)

Subsection 15 (7) of the Act is amended by striking out “sick leave, family

responsibility leave, bereavement leave” and substituting “personal emergency

leave”.

Sections 50, 50.0.1 and 50.0.2 of the Act are repealed and the following

substituted:

Personal

Emergency Leave

Personal

emergency leave

Definition

(1) In this

section,

“qualified

health practitioner” means,

(

a) a

person who is qualified to practise as a physician, a registered nurse or a

psychologist under the laws of the jurisdiction in which care or treatment is

provided to the employee or to an individual described in subsection (3), or

(

b) in

the prescribed circumstances, a member of a prescribed class of health

practitioners.

Personal

emergency leave

(2) An

employee who has been employed by an employer for at least one week is entitled

to a leave of absence because of any of the following:

1. A

personal illness, injury or medical emergency.

2. The

death, illness, injury or medical emergency of an individual described in

subsection (3).

3. An

urgent matter that concerns an individual described in subsection (3).

Same

(3) Paragraphs

2 and 3 of subsection (2) apply with respect to the following individuals:

1. The

employee’s spouse.

2. A

parent, step-parent or foster parent of the employee or of the employee’s

spouse.

3. A

child, step-child or foster child of the employee or of the employee’s spouse.

4. A

grandparent, step-grandparent, grandchild or step-grandchild of the employee or

of the employee’s spouse.

5. The

spouse of a child of the employee.

6. The

employee’s brother or sister.

7. A

relative of the employee who is dependent on the employee for care or

assistance.

Advising

employer

(4) An

employee who wishes to take leave under this

section shall advise his or her

employer that he or she will be doing so.

Same

(5) If

the employee must begin the leave before advising the employer, the employee

shall advise the employer of the leave as soon as possible after beginning it.

Limit

(6) Subject

to subsection (7), an employee is entitled to take a total of 10 paid days of

leave under this

section in each calendar year.

Same,

employed for less than one week

(7) If

an employee has been employed by an employer for less than one week, the

following rules apply:

1. The

employee is entitled to unpaid days of leave under this section, rather than paid

days of leave.

2. Once

the employee has been employed by the employer for one week or longer, the

employee is entitled to paid days of leave under this section, and any unpaid

days of leave that the employee has already taken in the calendar year shall be

counted against the employee’s entitlement.

Leave

deemed to be taken in entire days

(8) If

an employee takes any part of a day as paid or unpaid leave under this section,

the employer may deem the employee to have taken one day of paid or unpaid

leave on that day, as applicable, for the purposes of subsection (6) or (7).

Personal

emergency leave pay

(9) Subject

to subsections (10) and (11), if an employee takes a paid day of leave under

this section, the employer shall pay the employee,

(

a) either,

(

i) the

wages the employee would have earned had they not taken the leave, or

(ii) if

the employee receives performance-related wages, including commissions or a

piece work rate, the greater of the employee’s hourly rate, if any, and the

minimum wage that would have applied to the employee for the number of hours

the employee would have worked had they not taken the leave; or

(

b) if

some other manner of calculation is prescribed, the amount determined using

that manner of calculation.

Personal

emergency leave where higher rate of wages

(10) If

a paid day of leave under this

section falls on a day or at a time of day when

overtime pay, a shift premium or both would be payable by the employer,

(

a) the

employee is not entitled to more than his or her regular rate for any leave

taken under this section; and

(

b) the

employee is not entitled to the shift premium for any leave taken under this

section.

Personal

emergency leave on public holiday

(11) If

a paid day of leave under this

section falls on a public holiday, the employee

is not entitled to premium pay for any leave taken under this section.

Evidence

(12) Subject

to subsection (13), an employer may require an employee who takes leave under

this

section to provide evidence reasonable in the circumstances that the

employee is entitled to the leave.

Same

(13) An

employer shall not require an employee to provide a certificate from a

qualified health practitioner as evidence under subsection (12).

Personal

emergency leave program

50.0.1

(1) The

Minister shall implement an employer support program to provide resources and supports

to assist employers in providing personal emergency leave as required by

section 50.

Financial

support

(2) The

program may include financial support to cover the cost of providing personal

emergency leave, but only if money has been appropriated for that purpose by

the Legislature.

Consultation

(3) The

Minister shall ensure that industry leaders are consulted with on the

development and implementation of the program.

Subsection 50.1 (1.3) of the Act is amended by striking out “three” and

substituting “10”.

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the 10 Paid Sick Days for Ontario Workers Act, 2023 .

Date Bill stage Event Outcome Committee

April 27, 2023

First Reading

Ordered for Second Reading

April 27, 2023

First Reading

Vote

Carried

First Reading

April 27, 2023

Carried