What Employers Need To Know About New Paid Emergency Leave Regulations In Ontario
February 21, 2018 By Benjamin Guth
The Fair Workplaces, Better Jobs Act is now a reality for employers in Ontario, effective January 1, 2018. A part of the Act encompasses new Personal Emergency Leave regulations. This part of the Act is extremely comprehensive so weve compiled this blog post to help share the information.
Quick disclaimer: I am not a labour lawyer, but I am an employer with a large number of staff and locations across Canada that are affected by these changes. By compiling these PEL details, our goal at Mobilize is to share this information with other seasonal and tourism/hospitality employers to make it easy for everyone to reference. For more information about the Act, please refer to the Ontario Employment Standard Act Guide or call 1-800-531-5551.
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Employee Compensation For Pel Leave
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Job Opportunities In Ontario
Note that these outlooks are based on the 2016 version of the NOC. Learn more about our methodology.
The employment outlook will be good for Heating, refrigeration and air conditioning mechanics in Ontario for the 2022-2024 period.
The following factors contributed to this outlook:
- Employment growth will lead to several new positions.
- A moderate number of positions will become available due to retirements.
- There are a small number of unemployed workers with recent experience in this occupation.
What Types of Employers Are Out There?
- Construction companies such as building equipment contractors
- Manufacturers of ventilation, heating, air-conditioning and commercial refrigeration equipment
- Commercial and industrial machinery and equipment repair and maintenance businesses
- Food and beverage manufacturing facilities
- Electronics and appliance stores
What are the Main Trends Affecting Employment?
- Air quality awareness, particularly in light of the pandemic, has led to upgrades and additions to aging heating, ventilation and air conditioning and air filtration systems
- Construction activity is expected to be favourable across Ontario over the forecast period, including infrastructure investments in health care and other public facilities, and improved commercial construction
- Ongoing need for repairs and maintenance of buildings
- A growing food manufacturing industry requires refrigeration installation services as well as upgrades and maintenance of existing systems
What Employers Need To Do In Initial Pel Years To Mitigate Risk
As I am sure you can tell, any uncertainty around labour law leaves everyone exposed. For the next few years we should all err on the side of caution here, and as always, take detailed notes document everything. It would be one thing if we could simply add on a paid vacation day, or define what an actual personal emergency is. Playing out the worst case scenario, how can we protect against an employee from wanting a paid long weekend after a week? How can we stop an employee from going home during the busiest two weeks of the summer because they are homesick? Our industry, particularly those in seasonal roles where we already lose students during the two busiest weeks of the summer, will be very negatively affected by this.
The direction I have been given by the industry is to adapt internal company policy to incorporate the bill, and enforce that policy. That means clearly outlining what a personal emergency is, and what the correct procedure for taking the leave is. Clearly define your job abandonment policy and explain that if an employee takes a PEL day on a three hour shift, they are not entitled to a paid 8 hour day.
Remember this nuance though, it is required that the 2 paid days be used first. These 2 paid days can be taken in part, full or multiple days and cannot be carried over to the following year. Employees are entitled to more than one leave for the same event. Each leave is separate and independent of any right an employee may have to any other leave.
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Unpredictable Or Irregular Shifts
For circumstances where there the duration of the shift has not been determined, the employer needs to calculate the number of hours the employee would have worked. The calculation of hours must be reasonable and can be determined by considering how long the employees replacement, if any, worked for that time off or how many hours other employees who worked in similar roles worked for the duration the employee has taken PEL.
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National Occupational Classification Update
We have updated this page to reflect the transition to the 2021 version of the National Occupational Classification . This means that the occupation “heating and air conditioning mechanic” was moved from the group Heating, refrigeration and air conditioning mechanics to the group Heating, refrigeration and air conditioning mechanics .
Explore current and future job prospects for people working as a “heating and air conditioning mechanic” in Ontario or Canada.
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Pel Verification: Can An Employer Ask For Proof
The employer cannot ask for medical documentation, such as a note from a physician, registered nurse or psychologist. It is permissible to request documentation from other types of health practitioners, such as a dentist, physiotherapist, Chinese medicine practitioner, or naturopath. If an employee has used more than ten PEL days, the employer can ask for medical documentation from a physician, registered nurse, or psychologist.
The employer can technically ask for proof, however, they must consider how they ask or what they ask for. The employer can reasonably ask the employee for the reason for the PEL and request certain proof. What is determined as reasonable would be contingent on each individual circumstance. For example, an employer may deem it is reasonable to request an obituary or death certificate for a PEL related to a death.
Important Notes to Consider
Employers should ask if it is really necessary to ask for certain verification in order to substantiate the information. Consider trends of punctuality, absenteeism and behaviour, the plausibility of the claims, and the ease of access to evidence .
Employers must be very cognizant of the employees right to privacy. There is nothing in the act that requires the employee to tell them the reason for their PEL.
Personal Emergency Leave Effective January 1 2018
All employees are entitled to ten PEL days per year the first two being paid PEL days where the employee has been employed for at least one week . One week from the employment start date is when the employee is eligible for PEL, even if they have not actively worked more than one shift during this first week.
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Pel On Public Holidays & Overtime
If an employee takes a PEL on a day where overtime, a shift premium, or holiday pay would be payable, the employee is not entitled to more than their regular rate for any leave taken.
If an employee takes a PEL on a shift before or after a public holiday, they will still be entitled to public holiday pay.
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Greater Right Or Benefit
If an employment agreement provides a greater right or benefit, in other words, it goes above and beyond the minimum standards outlined in the Employment Standards Act , then the provisions of the agreement prevail over the Employment Standards Act .
If an employee takes a PEL for the same reason that is covered by one of the provided benefits of the employment agreement, the employer can apply this personal leave for both benefits. For example, if an employee takes a PEL because of an illness and the employment agreement does provide the benefit of Sick Leave, the employer can draw from both the PEL, under the ESA, and the Sick Leave under the employment agreement.
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Employee Responsibilities For Pel: Required Notice
Employees do need to provide notice when taking PEL either prior to, or immediately after, taking the leave. PEL notice does not have to be in writing. Different forms of communication are permissible.
If an employee fails to provide notice, they are still eligible for the PEL.
Employees can be disciplined for not providing notice. If the employee does not provide reasonable notice, either before or immediately after, there can be appropriate discipline for the circumstance.
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