Federal employers – significant changes to the Canada Labour Code to come into force September 1, 2019
In the January 18, 2019 article, Change is the only constant – Bill C-86 changes in federal labour and employment regulation, we outlined in detail massive changes to how federal labour and employment relations are regulated and the changes to come into effect on September 1, 2019.
By way of summary:
Hours of work and scheduling
Numerous new employee entitlements to rest periods and other changes will become effective September 1, 2019 and include:
- Unpaid breaks of 30 minutes for every five hours of work (subject to postponement or cancellation in the case of an emergency and must be paid if the employer requires the employee to be available for work during the 30 minute period; managers and certain professionals are excluded);
- Nursing breaks – an employee who is nursing may take any unpaid breaks necessary to nurse or express breast milk (no medical or other certificate will be required);
- Eight hour rest periods – an employee must be granted a rest period of at least 8 consecutive hours between work periods or shifts (the rest period can be postponed or shortened if the employee must work to deal with an unforeseeable emergency; managers and certain professionals are excluded);
- 24 hours’ notice of shift change – employers must provide 24 hours’ written notice of any change or addition to a work period or shift (this requirement will not apply if a change is necessary to deal with an unforeseeable emergency or as a result of the employee’s request for a flexible work arrangement; managers and certain professionals are also excluded);
- 96 hours’ advance notice of schedule – employers must provide 96 hours’ written notice of an employee’s work schedule (this requirement will not apply in specified circumstances such as an unforeseeable emergency or where a Collective Agreement provides otherwise or the scheduling change results from the employee’s request for flexible work arrangements; managers and certain professionals are also excluded).
As noted above, and in our earlier article, after six consecutive months of employment, employees will have the right to request flexible work arrangements, including a change to work, work schedule, location and other terms to be prescribed (an employer must respond in writing within 30 days and may refuse such request on specified grounds; changes can only be made for unionized employees if agreed to in writing by the employer and the union).
Leaves
The amendments to the leave provisions will also become effective on September 1, 2019. As described in our previous Client Update, this means that federal employees will be entitled to family violence leaves, jury duty or court leaves, personal responsibility leaves and medical leaves.
As well, the minimum length service requirement has been eliminated for entitlement to sick leave (now called medical leave), maternity and parental leave, leave related to critical illness and leave related to death or disappearance of a child.
Vacations and holidays
On September 1, 2019 minimum vacation entitlements will be increased to the following:
- After one year – two weeks of 4% vacation pay (unchanged);
- After five years – three weeks and 6% vacation pay (currently after six years);
- After 10 years – four weeks and 8% vacation pay (new entitlement)
Annual vacation may now also be taken in more than one period.
Additionally, an employee may interrupt or postpone a vacation in order to take another leave of absence including compassionate care leave, family responsibility leave, maternity leave, parental leave, leave for victims of family violence, leave for traditional Aboriginal practices or bereavement leave. An employee may also interrupt vacation to be absent from work due to illness or injury.
Be prepared
These changes (and others to come as outlined in our earlier Client Update) will have significant impact for employers governed by the Canada Labour Code.
This update is intended for general information only regarding the changes coming into effect on September 1, 2019. Should you have questions on the above or how we can assist on these changes, please contact a member of our Labour & Employment group.
Click here to subscribe to Stewart McKelvey Thought Leadership.
Archive
By Kimberly Bungay On April 1, 2023, the Nova Scotia government will proclaim into force Bill 226, which amends the Companies Act (the “Act”) to require companies formed under the Act to create and maintain…
Read MoreBy Chad Sullivan and Kathleen Starke Background A recent decision, Vail v. Oromocto (Town), 2022 CanLII 129486, involved several grievances including an unjust dismissal claim by a firefighter as well as a grievance filed by…
Read MoreBy Stuart Wallace and Kim Walsh On January 1, 2022, the Underused Housing Tax Act (the Act) took effect. The Underused Housing Tax (the UHT) is an annual 1% tax on the value of vacant or…
Read MoreBy: David F. Slipp and Levi Parsche In May 2022, Bill 96 was adopted by Quebec’s National Assembly, significantly amending the Charter of the French Language (the “Charter“). The amendments create new requirements for using…
Read MoreBy Dave Randell, G. John Samms, and Stuart Wallace With the deadline for bids on crown lands available for wind energy projects extended to noon on March 23rd, the latest development in our Winds of…
Read MoreBy Kevin Landry and Colton Smith The Retail Payment Activities Regulations have been released in the Canada Gazette Part 1 for comment. Interested persons may make representations concerning the proposed regulations for a period of 45…
Read MoreBy Andrew Burke, Colleen Keyes, Gavin Stuttard and David Slipp With proxy season once again approaching, many public companies are in the midst of preparing their annual disclosure documents and shareholder materials for their annual…
Read MoreBy Brittany Trafford and Sean Corscadden In response to the nationwide labour shortage, the Federal government is allowing select family members of foreign workers to apply for open work permits. This temporary policy came into…
Read MoreMark Tector and Ben Currie Effective January 1, 2023, amendments to Ontario’s Employment Standards Act, 2000 (“ESA”) took effect, excluding “business consultants” and “information technology consultants” from the application of the ESA. This is a…
Read MoreBy Perlene Morrison, K.C. and Curtis Doyle Once again, the time has come to review the year that was and to chart the course for the year ahead. For municipalities and planning professionals in Prince…
Read More