Regulation - LGIC

Proposal to reflect amendments to the Employment Standards Act, 2000 made by the Fair Workplaces, Better Jobs Act, 2017 to exempt construction employees from Personal Emergency Leave (PEL) Pay entitlement under specified circumstances.

Regulation Number(s):
Instrument Type:
Regulation - LGIC
Bill or Act:
Employment Standards Act, 2000
Summary of Decision:
The Employment Standards Act, 2000 has been amended to provide all employees with ten Personal Emergency Leave days per calendar year. If the employee has been employed for at least one week, the first two days must be paid.
Employees in the construction sector who receive at least 0.8% of their wages on each pay cheque as personal emergency pay are exempt from this pay entitlement for the first two PEL days per calendar year.
The exemption does not affect the employees' entitlement to ten unpaid PEL days per calendar year.
Further Information:
Proposal Number:
17-MOL022
Posting Date:
November 27, 2017
Summary of Proposal:
The Fair Workplaces, Better Jobs Act, 2017 amends the ESA to provide all employees with ten Personal Emergency Leave days per calendar year. If the employee has been employed for at least one week, the first two must be paid.

Employees in the construction sector who receive at least 0.8% of their wages on each pay cheque as personal emergency pay would be exempt from Bill 148's proposed pay entitlement for the first two PEL days per calendar year.

The exemption would not affect the employees' entitlement to ten unpaid PEL days per calendar year.

Construction employees who receive 7.7% or more of their hourly rate or wages for vacation pay or holiday pay are currently exempt from the Public Holidays part of the ESA.
Contact Address:
Ministry of Labour, 400 University Ave., Suite 1502, Toronto, ON, M5G 1S7
Effective Date:
January 1, 2018
Decision:
Approved