Page 24 - D12771 - LBMAO - Jan-Feb-2018 - REPORTER - web

because they are necessary for an employer Family medical leave expands the list of family members for
to prevent situations that could result in, whom an employee could take the leave to
for example: danger to life, health or safety; Why are you increasing family medical leave? include critically ill children of other family
the destruction or serious deterioration of This change mirrors the recent changes members.
machinery, equipment or premises; serious to the Federal Employment Insurance Act
environmental damage; or disruption of the and would align the Employment Standards Crime-related child death or disappearance
administration of the courts. Act with the available Employment leave
This exception would apply "regardless of Insurance benefits for employees. Family
who delivers those essential public services. Medical Leave would increase from up to 8 What changes are being made to crime-
As such, this provision could apply to weeks in a 26 week period to up to 28 weeks related child death or disappearance leave?
employees who work for private companies in a 52 week period. Formerly, Ontario offered up to 104
that deliver public services, for example, weeks unpaid leave for a crime-related
privately run ambulance or road-clearing What changes have you made to who can sign death of a child and up to 52 weeks leave for
services, or a business that provides food to a certificate necessary to take Family Medical the crime-related disappearance of a child.
hospitals. Leave, stating that the family member has a The new legislation extends this leave of
serious medical condition with a significant absence to all child deaths, regardless of the
Domestic or sexual violence leave risk of death within 26 weeks? reason, and it extends the available duration
A qualified medical practitioner who may of the crime-related disappearance of a
What is the new leave for victims of domestic issue a certificate necessary to take family child leave to 104 weeks.
or sexual violence? medical Leave is now a physician or a nurse
A new domestic or sexual violence leave practitioner. Pregnancy and parental leave
has been established.
For employees that have been employed Critically ill child care leave / Critical illness What changes have been made to pregnancy
for at least 13 consecutive weeks, the new leave and parental leave?
legislation provides up to 10 individual days
of leave and up to 15 weeks of job protected What changes are being made to critically ill Pregnancy leave:
leave when an employee or their child has child care leave? • The entitlement to a six week
experienced or is threatened with domestic This change mirrors the recent changes extension of pregnancy leave in certain
or sexual violence. The first five days of to the Federal Employment Insurance Act circumstances, where the employee has
leave each calendar year would be paid, the and would align the Employment Standards a miscarriage or still-birth, is increased to
rest would be unpaid. Act with the available Employment 12 weeks.
The new legislation also requires Insurance benefits for employees. • This change would come into force on
employers to put mechanisms in place Formerly, Ontario offered up to 37 weeks January 1, 2018.
to protect the confidentiality of records unpaid leave for a parent to provide care or • An employee who started pregnancy
they receive or produce in relation to support to their critically ill child. The new leave before January 1, 2018 would be
an employee taking domestic or sexual legislation renames this section ‘Critical subject to the current entitlement (6
violence leave. These leave provision comes illness leave’ and expands it to include a weeks).
into force on January 1, 2018. new leave that allows 17 weeks of leave for
an employee to provide care or support to Parental leave:
a critically ill adult family member. It also • The entitlement to parental leave is
increased from 35 weeks to 61 weeks for
employees who take pregnancy leave,
and from 37 weeks to 63 weeks otherwise
to align with changes to Employment
Insurance benefits.
• Section 48 is amended to provide that
a parental leave may begin no later
than 78 weeks after the child is born or
comes into the employee’s custody, care
and control for the first time. This is in
alignment with Employment Insurance as
well.
• This change would come into force on the
later of December 3, 2017 (the date that
Employment Insurance benefits changes
will be effective) or royal assent.
• An employee who started parental leave
before the coming into force date would
be subject to the current entitlement.
What changes have you made to who can sign
a medical certificate for pregnancy leave?
A qualified medical practitioner who
may issue a certificate related to pregnancy

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