Canadian Payroll Reporter

7 Canadian HR Reporter, a Thomson Reuters business 2017 hours for each hour of over- time worked. • Employers would have to give employees at least 24 hours of advance written notice to make shift changes or add an- other shift. Exceptions would apply in emergencies. • Employees employed by their employer for at least three consecutive months of con- tinuous employment would be allowed to take up to three days off work each year for family responsibility leave. • Employees who are victims of family violence or who are the parent of a child under 18 who suffers family violence would be allowed to take up to 10 days off work each year to seek medical attention; obtain sup- port services or counselling; temporarily or permanently move; and seek legal or law en- forcement help or prepare for or take part in a civil or crimi- nal legal proceeding. • Aboriginal employees em- ployed by their employer for at least three consecutive months of continuous em- ployment would be allowed to take up to five days off work each year to take part in tra- ditional Aboriginal practices, such as hunting, fishing, and harvesting. • The amount of time off em- ployees could take for bereave- ment leave would increase from three days to five days. For employees with at least three consecutive months of continuous employment, the first three days of the leave would be paid. • The code would specify that employees could take their vacations in only one period, unless they and their employer agreed otherwise in writing. If employees took their vaca- tion in more than one period, employers would have to pay them the proportion of vaca- tion pay owing for each period within the time frames speci- fied in the code's regulations. • Employees would be allowed to interrupt or postpone their vacation to take a leave of ab- sence allowed under the code. • Employees employed by their employer for at least six con- secutive months of continu- ous employment would be al- lowed to request flexible work arrangements. These could include a change to the num- ber of hours they work, their work schedule, and where they work. Employers would have up to 30 days to respond to a request, including stat- ing the reason for rejecting or altering it. Employers would be prohibited from dismiss- ing, suspending, laying off, demoting or disciplining an employee making a request or from taking the request into account when deciding to pro- mote or train the employee. The bill did not state when the government planned to imple- ment the amendments. Ontario Labour ministry reviewing exemptions, special rules The Ontario Ministry of Labour is wrapping up consultations into some of the exemptions and special rules allowed under its employment standards law. In October, the ministry called for stakeholder and pub- lic feedback on exemptions and special rules for managers and supervisors, IT professionals, architects, pharmacists, home- workers, residential care work- ers, domestics, and residential building superintendents, jani- tors and caretakers. "This review is part of our overall commitment to ad- dress the realities of the modern workplace and create a fair soci- ety. Fairness and decency must be the values that define our workplaces. This consultation will help ensure this remains a reality in Ontario," said Labour Minister Kevin Flynn. Special rules change how provisions in the Employment Standards Act, 2000, such as hours of work, overtime, vaca- tion pay, and public holidays, apply to specific occupations. An exemption means that a pro- vision in the act does not apply to a specific industry or job. The ministry said the consul- tations are the first phase of a broader review of the act's spe- cial rules and exemptions. New Brunswick Task force releases discussion paper on workers' comp A task force examining New Brunswick's workers' compen- sation system is asking for pub- lic feedback on how the system can address the needs of current and future workplaces while balancing compensation for in- jured workers with the financial interests of employers. In October, the task force re- leased a discussion paper high- lighting issues it is considering. They include WorksafeNB's financial situation, legislation governing the Workers' Com- pensation Appeals Tribunal, compensable injuries and ben- efits, returning injured workers to work, technology issues at WorksafeNB, WorksafeNB's in- dependence from government, and communications and stake- holder relations. The paper asks the public to respond to a number of ques- tions in relation to these issues by Dec. 7. The provincial government established the task force last spring, asking it to identify short-term solutions and de- velop a plan to ensure that the workers' compensation system is transparent, accountable, pre- dictable and sustainable over the long run. In addition to the discussion paper, the task force planned to hold public meetings on the is- sues in November. Nova Scotia Province implements rules on maintenance enforcement Nova Scotia's government has implemented changes to its maintenance enforcement rules to allow the director of the prov- ince's Maintenance Enforcement Program to require employers who receive garnishment notices to deduct and remit amounts from employees for future main- tenance obligations if the employ- ees are persistently in arrears. The payments would be in addition to deductions that employers must take for ongo- ing maintenance and arrears payments. The changes, which took ef- fect Oct. 17, stem from amend- ments to the Maintenance En- forcement Act passed last year to give the director more au- thority to enforce court orders. Individuals are considered to have persistent arrears if they fail to fully pay their mainte- nance obligations for three pay- ment periods or if they have ac- cumulated $3,000 in arrears. NDP calls for $15 minimum wage The provincial NDP is calling on the Nova Scotia government to raise the province's minimum wage rate to $15 an hour over three years. In October, NDP MLA Tam- my Martin tabled a bill that would set the general hourly minimum wage rate at $11.70 on Jan. 1, 2018, $13.35 on Jan. 1, 2019, and $15.00 on Jan. 1, 2020. The rate is currently $10.85 for employees employed by their employer for at least three months. The bill also proposes to elim- inate a separate, lower minimum wage rate, currently at $10.35 an hour, for employees with fewer than three months of service. Prince Edward Island Athletes exempted from certain ESA requirements As of Oct. 28, the provincial government exempted athletes playing on P.E.I.-based teams from a number of employment standards requirements. Athletes taking part in ac- tivities related to their sport are now exempt from provisions in the Employment Standards Act covering minimum wage, hours of work, minimum reporting pay, paid holidays, paid vaca- tions, and notice of termination. They continue to be covered for other standards. New Brunswick and Nova Scotia have made similar changes to their labour stan- dards laws. from LABOUR CODE on page 1 Legislative Roundup CPR | December 2017

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