At a Glance: Bill 148 & How It Will Change Ontario ESA Laws

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 BILL 148 AT A GLANCE

ITEM CURRENT ESA LAW ORIGINAL BILL 148 AMENDED BILL 148
Minimum Wage Not specifically mandated $15 per hour by Jan. 1, 2019 $15 per hour by Jan. 1, 2019
Pregnancy Leave—Miscarriage/Stillborn Birth Up to 17 weeks or 6 weeks after miscarriage/stillborn birth, whichever comes first NA 17 weeks or 12 weeks after miscarriage/stillborn birth, whichever comes first
Parental Leave *Up to 35 weeks for employees also taking pregnancy leave;

*Up to 37 weeks for employees not taking pregnancy leave

NA *Up to 61 weeks for employees also taking pregnancy leave;

*Up to 63 weeks for employees not taking pregnancy leave

Domestic or Sexual Violence Leave Not specifically provided Domestic/Sexual violence grounds for up to 10 days Personal Emergency Leave of up Separate leave for domestic/sexual violence of 10 + 15 weeks per calendar year which may be in addition to Personal Emergency Leave
Personal Emergency Leave (PEL) *Up to 10 unpaid days

*Mandatory for workplaces with 50 or more employees

*Up to 8 unpaid + 2 paid days

*Mandatory for all workplaces

*Up to 8 unpaid + 2 paid days

*Mandatory for all workplaces

*Additional qualifying conditions/limits

Family Medical Leave Up to 8 weeks over 26-week period Up to 27 weeks over 52-week period Up to 27 weeks over 52-week period
Child Disappearance or Death Leave *Up to 52 weeks for disappearance

*Up to 104 weeks for death

*Death or disappearance must be related to crime

*Up to 52 weeks for crime-related disappearance

*Up to 104 weeks for crime-related death

*Separate leave of up to 104 weeks for death or disappearance regardless of whether crime-related

*Up to 52 weeks for crime-related disappearance

*Up to 104 weeks for crime-related death

*Separate leave of up to 104 weeks for death or disappearance regardless of whether crime-related

Pay for Public Holidays Wages earned in 4 weeks before holiday divided by 20 Wages earned in pay period immediately before holiday divided by hours worked to earn those wages Wages earned in pay period immediately before holiday divided by hours worked to earn those wages
Substitute Holidays Employees who work public holiday get either:

* Holiday pay + premium pay for hours worked on holiday

OR

* Substitute day off with public holiday pay

Employees who work public holiday get holiday pay + premium pay for hours worked on holiday—option to get substitute day off eliminated Back to current ESA rules, i.e.:

Employees who work public holiday get either:

* Holiday pay + premium pay for hours worked on holiday

OR

* Substitute day off with public holiday pay

* Employer must provide written statement to employee who opts for substitute day off

Minimum Vacation Entitlement 2 weeks after each vacation entitlement year *2 weeks after each vacation entitlement year if employed less than 5 years

* 3 weeks after each vacation entitlement year if employed 5 or more years

*2 weeks after each vacation entitlement year if employed less than 5 years

* 3 weeks after each vacation entitlement year if employed 5 or more years

Minimum Vacation Pay 4% of wages *4% of wages if employed less than 5 years

* 6% of wages if employed 5 or more years

*4% of wages if employed less than 5 years

* 6% of wages if employed 5 or more years

Equal Pay Equal pay for men and women Equal pay extended to:

*Part-timers

* Casual employees

*Seasonal workers

*Temps

*Assignment workers of temporary help agencies

Equal pay extended to:

*Part-timers

* Casual employees

*Seasonal workers

*Temps

*Assignment workers of temporary help agencies

Employee Schedule Refusal Right NA Right to refuse employer request to work unscheduled day on less than 96 hours’ notice Right to refuse employer request to work unscheduled day on less than 96 hours’ notice unless work is to deal with emergency or public threat to health or safety
Call-In Pay At least 3 hours  pay if employees required to present themselves at work and work less than 3 hours Elimination of presentation requirement. At least 3 hours pay for employees who are on-call or scheduled to work who:

*Are called to work but work less than 3 hours; OR

*Aren’t called to work, such as when their shift is cancelled within 48 hours before it’s due to start unless cancellation is due to circumstances beyond employer’s control

 

Same as original but with clarification that:

*Employee must actually be available to work at least 3 hours

*The 48-hour cancellation rule doesn’t apply if the cancellation is weather-related and the work is weather-dependent