Page 21 - D12771 - LBMAO - Jan-Feb-2018 - REPORTER - web

Scheduling continued delivery of essential public entitled to up to 10 individual days of leave
services, regardless of who delivers those and up to 15 weeks of leave if the employee
What’s changing services and the employee was not required or their child experiences domestic or sexual
The legislation will allow employees to: to work. violence or the threat of domestic or sexual
violence. The first five days of leave, each
• request a schedule or location change Comes into effect calendar year, will be paid, the rest will be
once they’ve been employed for three These scheduling changes will come into unpaid.
months, without fear of being penalized
• refuse shifts if their employer asks them effect on January 1, 2019. Comes into effect
to work with less than 96 hours’ notice, Vacation time This will come into effect on January 1,
without fear of retaliation, with certain 2018.
exceptions
What’s changing
Under the legislation, employees will Employee misclassification
Employers will also be required to pay
wages to the employees for three hours of be entitled to three weeks of paid vacation What’s changing
after five years with the same employer.
work if the employee: Employers cannot misclassify employees
• regularly works more than three hours Comes into effect as independent contractors. This address
a day, shows up for work and works This will come into effect on January 1, cases where employers treat employees as
less than three hours or not at all (for 2018. if they are self-employed and not entitled to
example, the shift is cut short) employment standards protections. If there
• the shift is cancelled within 48 hours of Personal emergency leave is a dispute the employer will have to prove
their scheduled start time, with certain that an individual is not an employee.
exceptions What’s changing
• is scheduled to be on-call but, despite Currently, some employees have the Comes into effect
being available to work, is either not right to take up to 10 days of unpaid, job- This came into effect on November 27,
called in to work or works less than three protected leave, each calendar year due 2017.
hours. This will be required for each 24- to illness, injury and other emergencies/
hour period the employee is on call urgent matters. But these rules only apply Footwear with an elevated heel
to workplaces with 50 or more employees.
Exceptions The legislation will require all employers What’s changing
to give all employees 10 personal Under the Occupational Health and
Cancellations emergency leave days per year, including Safety Act, employers cannot require
Employers will not be required to pay two paid days if the employee has been workers to wear footwear with an elevated
for a cancelled shift if they were unable to employed for one week or longer (7 days). heel (for instance, high heels) unless they
provide work because of: are needed for the worker’s safety.
Comes into effect
• fire, lightning, power failure, storms or This will come into effect on January 1, Exceptions
similar causes beyond their control or This does not apply to employers
• the employee’s work is weather- 2018. of workers in the entertainment and
dependent and the employer is unable to Domestic or sexual violence leave advertising industries.
provide work for weather-related reasons
What’s changing Comes into effect
Three hour rule An employee who has been employed This came into effect on November 27,
Employers will not be required to pay for at least 13 consecutive weeks will be 2017.
wages for three hours for a shift that lasts
fewer than three hours if they were unable
to provide work because of fire, lightning,
power failure, storms or similar causes
beyond their control.

Refusing a shift with less than 96 hours’ notice
Employees cannot refuse a shift if the
reason that the employer is asking them to
work or be on call is to:
• deal with an emergency
• remedy or reduce a threat to public safety
• ensure the continued delivery of essential
public services, regardless of who delivers
those services
On-call pay rules
Employers will not be required to pay
wages for three hours for an on-call shift
if the employee is on call to ensure the

www.lbmao.on.ca LBMAO Reporter -January-February 2018 21