Act
Proposed amendments to the Employment Standards Act, 2000 (ESA), if Bill 229, the Working for Workers Six Act, 2024, passes.
Regulation Number(s):
Instrument Type:
Act
Bill or Act:
Employment Standards Act, 200
Summary of Proposal:
Bill 229 would amend the Employment Standards Act (ESA) by creating two new unpaid job-protected leaves.
The proposed amendments would if passed:
Create a new unpaid job protected long-term illness leave of up to 27 weeks for employees unable to work due to a serious medical condition (to align with the length of 26 weeks of Employment Insurance (EI) sickness benefits, plus the one-week waiting period). The new leave could be taken nonconsecutively and would have a 13-week length of employment requirement.
Create a new unpaid job protected leave of up to 16 weeks (to align with 15 weeks of a new upcoming EI benefit for adoptive and surrogacy parents, plus the one-week waiting period) because of the arrival of a child into an employee's care through adoption or surrogacy. The new leave would be required to be taken consecutively and would have a 13-week length of employment requirement.
The proposed amendments would if passed:
Create a new unpaid job protected long-term illness leave of up to 27 weeks for employees unable to work due to a serious medical condition (to align with the length of 26 weeks of Employment Insurance (EI) sickness benefits, plus the one-week waiting period). The new leave could be taken nonconsecutively and would have a 13-week length of employment requirement.
Create a new unpaid job protected leave of up to 16 weeks (to align with 15 weeks of a new upcoming EI benefit for adoptive and surrogacy parents, plus the one-week waiting period) because of the arrival of a child into an employee's care through adoption or surrogacy. The new leave would be required to be taken consecutively and would have a 13-week length of employment requirement.
Analysis of Regulatory Impact:
Long-term illness leave:
If the proposed amendments are passed, employees unable to work due to a serious medical condition would be entitled to unpaid job protected leave for up to 27 weeks.
There would be minimal compliance costs pertaining to employers learning about and implementing the proposal.
Leave for parents through adoption and/or surrogacy:
The proposed amendments, if passed, would provide eligible employees with unpaid job-protection that corresponds with the upcoming federal EI benefits for parents through adoption and/or surrogacy, so that these parents have leave for the arrival of a child into their family or care, including the ability to take the leave in advance of the child's arrival.
There would be minimal compliance costs pertaining to employers learning about and implementing the proposal due to the limited number of adoption and surrogacies completed every year in Ontario.
If the proposed amendments are passed, employees unable to work due to a serious medical condition would be entitled to unpaid job protected leave for up to 27 weeks.
There would be minimal compliance costs pertaining to employers learning about and implementing the proposal.
Leave for parents through adoption and/or surrogacy:
The proposed amendments, if passed, would provide eligible employees with unpaid job-protection that corresponds with the upcoming federal EI benefits for parents through adoption and/or surrogacy, so that these parents have leave for the arrival of a child into their family or care, including the ability to take the leave in advance of the child's arrival.
There would be minimal compliance costs pertaining to employers learning about and implementing the proposal due to the limited number of adoption and surrogacies completed every year in Ontario.
Further Information:
https://www.ola.org/en/legislative-business/bills/parliament-43/session-1/bill-229
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Proposal Number:
24-MLITSD017
Posting Date:
December 11, 2024
Comments Due Date:
December 10, 2024
Contact Address:
Employment, Labour and Corporate Policy Branch,
Ontario Ministry of Labour, Immigration, Training and Skills Development
15th Floor, 400 University Ave, Toronto, Ontario
M7A 1T7
Ontario Ministry of Labour, Immigration, Training and Skills Development
15th Floor, 400 University Ave, Toronto, Ontario
M7A 1T7