Three additions to Family Leave in the Ontario Employment Standards Act (ESA) 2000 In Effect

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fmlaThe Ontario Employment Standards Amendment Act, 2014, Bill 21 is in effective as of the 29th October 2014 and has 3 new leaves namely the Family Caregiver leave, Critically ill childcare leave and crime related child death or disappearance leave.

Under the ESA, the Family Caregiver leave gives the employee unpaid leave of absence when they need to care or support a relative or family member that is suffering from a serious medical condition. The act requires the employee to produce a certificate to this effect from a qualified health practitioner to their employer if requested.

Family members of the employee covered under the Employment Standards Act are their spouse, parent or step-parent, foster parent of either the employee or spouse, grandparents, step-grandparents, grandchild or step-grandchild of employee or spouse, the spouse of their child, siblings of the employee or any relative of the employee that is solely dependent on the employee for care and assistance. This in essence covers any relative and family member. The period prescribed by the act is eight weeks for each family member in a given calendar year. The request to the employer should be given in writing before the leave is due to commence.

The Critically Ill Child care leave covers any employee that has been employed for a period of at least 6 months given then unpaid leave to care for their critically ill child. The term critically ill implies that the child’s life is at risk and that the baseline state of their life has changed significantly. ESA requires a health care practitioner to issue a certificate stating that the child is critically ill and that one or both parents must care for the child. The certificate should if possible state the period for which the child needs the care and support.

The term child under this act covers biological, step-child, foster child and any child under the legal guardianship of the employee under the age of eighteen years. The period covered by the act is 37 weeks that can be taken consecutively or separately. In some case where the certificate state a period of less than 37 weeks then the period stated is covered. The Employment Standards Act also provides for extensions and additional leave if required. The employee must be advised in writing and state the times required for this leave. The employer is free to request the employee to present the document.

Employees with more than six months service is entitled to take Crime-related child death or disappearance leave which is unpaid and could be for a period of up to 104 weeks if the child dies as a result of crime. In the event of a child disappearing, the leave covers a period of 52 weeks as the result of crime. Provision is made in the act for events where the child is found. The term child under the act covers biological child, step-child or a foster child under the age of eighteen years old.

The act specifies that if the employee is charged with a crime that is related to the death or disappearance of the child, or that the child was involved in the crime, then the entitlement of leave will not apply. In the cases where leave is granted and evidence prove that either the employee or child is involved then the leave will immediately end.

To qualify the employee should advise their employer and provide them with a plan in writing about the duration of the leave before it commences. Leave is normally granted in a single period.

Employers are therefore advised to review their current policies and ensure that the organisation comply with all the policies and new acts.

Ontario Ministry of Labour: www.labour.gov.on.ca/english/es/newleaves.php

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