Canadian Payroll Reporter

7 Canadian HR Reporter, a Thomson Reuters business 2018 Once in force, the amend- ments will allow employees to take up to 52 weeks off work, without pay, if their child disap- pears as a result of a probable crime. They will also allow em- ployees to take up to 104 weeks off work, without pay, if their child dies under any circum- stances. A child is someone un- der 19 years of age. Employees taking either leave will have to take it in one continuous period, unless their employer allows them to take it in separate periods. The same employer prohibitions and rein- statement provisions that apply for other leaves under the act will apply. The amendments will also ex- tend the length of parental leave. For birth mothers, this will mean that the leave will increase from 35 weeks to 61 weeks. The length of parental leave for part- ners, non-birth parents, and adopting parents will rise from 37 weeks to 62 weeks. The period within which em- ployees who are partners, non- birth parents, and adopting par- ents may take parental leave will increase from 52 weeks after the child is born or placed with the employee to 78 weeks afterwards. The period within which em- ployees may begin pregnancy leave will expand from 11 weeks before the estimated due date to 13 weeks. The amendments will also allow employees who request a pregnancy leave after giving birth to take up to 17 con- secutive weeks of leave, up from six weeks. The length of compassionate care leave will rise from eight weeks to 27 weeks. The period within which employees may take the leave will increase from 26 weeks to 52 weeks. The amendments will align British Columbia's employment standards for pregnancy, pa- rental, and compassionate care leave with federal employment insurance (EI) benefit rules. EI changes enhancing maternity and parental benefits came into force on Dec. 3, 2017. EI changes enhancing com- passionate care benefits took ef- fect Jan. 3, 2016. The bill includes transitional rules to enable the amendments affecting pregnancy and paren- tal leave to apply to employees currently on those leaves, to those who have requested a leave, but not yet taken it, and to those who may be planning to take a leave when the amend- ments come into force. Similar transitional rules will apply for compassionate care leave. Regulations updated for Family Day The B.C. government has updat- ed regulations under the Family Day Act to officially change the date of its Family Day statutory holiday from the second Mon- day in February to the third one. Premier John Horgan an- nounced earlier this year that beginning in 2019, the provin- cial government would change the date of the holiday to align it with similar holidays in other parts of Canada and the United States. In 2019, Family Day will fall on Feb. 18. Nova Scotia Domestic violence leave amendments receive royal assent Recently passed amendments to the province's Labour Standards Code will allow employees who are victims of domestic violence or whose child is a victim to take a job-protected leave of absence. Bill 107, the Labour Standards Code (amended), received royal assent on April 18, but as of early May, the government had not yet brought the legislation into effect. Once in force, the amend- ments will provide for an unpaid leave of up to 16 continuous weeks and 10 intermittent or continuous days. The leave will apply to em- ployees with at least three months of service. Employees will be allowed to take the leave to seek medical attention, ob- tain victim services support, ob- tain counselling, relocate, and seek legal assistance. Other amendments will re- quire employers to keep in- formation about all employee leaves permitted confidential. Employers will be prohibited from disclosing information about a leave unless they have the employee's written consent, or the disclosure is to employees or agents who need the infor- mation to do their job, or it is required by law. Retail stores to close July 1 The Nova Scotia government has updated its regulations to specify that beginning this year, July 1 will always be treated as Canada Day, even when it falls on a Sunday. The change means that retail stores required to shut for Can- ada Day will have to close on July 1 this year and that holiday pay rules will apply on that day. Previously, when July 1 fell on a Sunday, the government required stores to close and ap- plied holiday pay rules on July 2. "We understand there was some confusion around when stores should close when Can- ada Day falls on a Sunday," said Labour and Advanced Educa- tion Minister Labi Kousoulis. "The changes to regulations clarify that retail stores required to close, will do so on the Sunday, July 1, and the holiday pay rules will apply on that day." Ontario Pay transparency bill passes The provincial legislature has passed a bill that would require employers to track, report, and publish information about em- ployee compensation. Bill 3, the Pay Transparency Act, 2018, received third reading on April 26. Once in force, it would oblige employers with at least 100 em- ployees and other prescribed employers to submit annual re- ports to the government on their workforce composition and dif- ferences in the compensation they pay to their workers based on gender and other prescribed characteristics. The bill proposes that em- ployers with at least 250 em- ployees submit their first report by May 15, 2020. Employers with 100 to 249 employees would have until May 15, 2021. Employers would also have to post the report online or in at least one conspicuous place in all of their workplaces. The legislation, which is slated to take effect in January, does not specify which diver- sity characteristics employers would have to report on. The government has said it would provide more details after it holds consultations. The bill would also require employers to include informa- tion about expected compen- sation rates or ranges in all job postings they publicly advertise. It would also prohibit employ- ers from asking job applicants about their past compensation. Minimum pay rates for government contracts proposed The Ontario government has tabled legislation that would require employers with govern- ment contracts in construction, building cleaning, and security to pay their employees at least a specified minimum wage rate. Labour Minister Kevin Flynn introduced Bill 53, the Gov- ernment Contract Wages Act, 2018, in the provincial legisla- ture on April 17. The bill would give the government the au- thority to establish minimum government contract wages for building cleaning and security jobs in buildings that govern- ment entities own and occupy or lease, and for construction work provided under contracts with government entities. The government said it would consult with partners and stake- holders when developing mini- mum wage schedules. The bill would also require employers subject to the legis- lation to record the dates and times that employees work, the applicable minimum govern- ment contract wages payable to them, and information about subcontracting. The bill would also require em- ployers to post information about minimum government contract wages in a conspicuous location in their workplace where employ- ees and subcontractors affected by the wage requirements would likely see it. The information to be posted would be prescribed in regulations. from ESA on page 1 Legislative Roundup CPR | June 2018

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