Page 23 - D12771 - LBMAO - Jan-Feb-2018 - REPORTER - web

must be paid for three hours of work. What are the exceptions to the new required to pay wages for three hours
• Employees can refuse to accept shifts scheduling requirements? for an on-call shift if the employee is
without repercussion if their employer There are a number of exceptions to the on call to ensure the continued delivery
asks them to work with less than 96 new scheduling requirements which include of essential public services, regardless
hours’ notice. the following: of who delivers those services and the
• If a shift is cancelled within 48 hours of • Cancellation – employers will not be employee was not required to work.
its start, employees must be paid three required to pay for a cancelled shift if they
hours of work. were unable to provide work because of How is the term “emergency” defined under
• When employees are "on-call" and not fire, lightning, power failure, storms or the exception to the right to refuse rules?
called in to work or works less than three similar causes beyond their control; or the The term “emergency” in the exception
hours, they must be paid for three hours employee’s work is weather-dependent is defined as a situation or an impending
of work. This would be required for each and the employer is unable to provide situation that constitutes a danger of major
24 hour period that employees are on- work for weather-related reasons. proportions that could result in serious
call. • Three hour rule – employers will not be harm to persons or substantial damage to
• The new legislation provides a transition required to pay wages for three hours for property and that is caused by the forces
period for existing collective agreements a shift that lasts fewer than three hours if of nature, a disease or other health risk, an
until the earlier of their expiry or January they were unable to provide work because accident or an act whether intentional or
1, 2020. of fire, lightning, power failure, storms or otherwise, or a situation in which a search
• There are a number of exceptions to similar causes beyond their control. and rescue operation takes place.
the new scheduling requirements that • Right to refuse – employees cannot
reflect a number of situations, including refuse a shift if the reason that the What does the “essential public services,
emergencies and ensuring delivery of employer is asking them to work or be on regardless of who delivers those services”
essential public services. exception to the right to refuse and on-call
call is to deal with an emergency, remedy
These scheduling rules come into force or reduce a threat to public safety, or pay rules mean?
The phrase "essential public services"
on January 1, 2019. ensure the continued delivery of essential is currently interpreted to refer to services
public services, regardless of who delivers that are provided to the public at large
those services.
• On-call pay – employers will not be and which may be considered "essential"

www.lbmao.on.ca LBMAO Reporter -January-February 2018 23