Canadian HR Reporter Weekly

3 Canadian HR Reporter, a Thomson Reuters business 2018 October 31, 2018 and re-establish what might have been in place prior to (Bill) 148, in the long run, all the changes that (Bill) 47 introduce should benefit employer administration." New leave framework Bill 148's PEL reforms would be replaced by a package of annual leave days for every worker. While the right of every Ontario worker to receive three weeks of paid vaca- tion after five years would be maintained, Bill 47 would repeal the provision prohibiting employers from requir- ing employees to provide medical notes when requested. Employers were struggling with the lack of mechanisms to challenge employees on their reasoning for paid leave, said Amanda Hunter, a partner at Hicks Morley in Toronto. "ere was definitely a bit of a hue and cry saying that this is ridiculous and expensive," she said. "One of the biggest pressure points for most employers is managing attendance." PEL provisions created a lot of ambiguity in terms of employee entitlements, said de Grâce. "It is unfortunate that the original personal emergency leave wasn't clearer. If it were clearer, I'm not sure that changes would necessarily have been made to the two days paid." It's not clear how employers will respond, she said. "For example, if an employer who's not unionized hired someone newly this year with the two days paid under personal emergency leave, now that they no longer need to under minimum standards — will they renegotiate with their employees or their union?" "To me, that's the biggest ticket item here. is involves HR; this involves, potentially, legal counsel." e change will likely mean a reduction in the number of PEL days taken, said Dylan Augruso, employment lawyer at Dickinson Wright in Toronto. "Employers will have the ability to hold employees accountable for all PEL days they take," he said. "Failure to provide evidence of entitlement to a PEL day by an employee could result in discipline by their employer." Other changes Alterations to scheduling provisions — such as a mini- mum of three hours' pay if a worker's shift was cancelled within 48 hours of its start — would be cancelled via Bill 47. And an employee's right to request schedule or work location changes after being employed for three months, as well as an employer's record-keeping duties, would fall by the wayside as a result of the new legislation. "at was really the most impactful concern I had over everything else — the scheduling," said Elenis. "Our industry has huge, wide swings of demand. You might just lose reservations within an hour or two." e burden of updated scheduling provisions would have put a major strain on an industry where flexibility is a necessity, said Elenis. "Scheduling would have been a nightmare." Equal pay for equal work provisions on the basis of employment status would also be reversed by Bill 47. However, the requirement for equal pay on the basis of sex would be maintained. is will stimulate more hiring, particularly for seasonal and casual work, said Augruso. "ere will be no requirement to match temporary or seasonal employee salaries and benefits to those of full-time employees." Advice for employers It's difficult to know how employers will address the changes, said Hunter. "I'm thinking about employers that might have given raises under the equal pay for equal work," she said. "I'm not sure how people are going to deal with that. You may or may not see employers trying to revert back to what they were paying (people) before they gave them increases because of that provision." Some employers may choose to keep PEL in place, said de Grâce. "ey might have already budgeted for this, already embraced it, already presented it to their employees as something positive the employer is contributing on their behalf." However, contracts worded towards "number of days legislated" can be changed without fear of a potential voiding scenario, she said. Employers and HR professionals face plenty of tough conversations going forward, said Elenis. "You have to have good employer-employee relationships (to do business today)," he said, and employers planning to reduce provisions to match the newly proposed legislation should "plug something else in" to maintain a good relationship. Employers should take a wait-and-see approach before making any drastic changes to policies, said Augruso. "While the bill is expected to pass under Ontario's PC majority government, it is very possible that we will see changes to the bill before it is formally passed," he said. "In many cases, reverting to an employer's pre-Bill 148 policy will be sufficient." There was definitely a bit of a hue and cry saying that this is ridiculous and expensive." ON THE COVER Ontario Premier Doug Ford in April 2018. Credit: Jared Ong (Fight for $15) Labour organizations were disappointed by the proposed repeal of many of Ontario's recent labour reforms. A Fight for $15 rally took place outside the Ministry of Labour offices in Toronto on Oct. 15.

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