Sunday, September 1, 2019

Canada Labour Code Changes

What it means for Local 56 members

Recently, the federal government made changes to the Canada Labour Code, which affect federally regulated employees, including if you work across provincial borders. Here is a summary of the changes and what they mean for you.

Note: Changes are effective as of September 1, 2019, unless otherwise noted.

New Leaves of Absence

(Effective dates not yet determined)

Court/jury duty – Will apply if you are a witness to a proceeding, a juror, or participant in jury selection
Family violence – 10 days leave if you are the victim of family violence, the first 5 of which are paid if you have worked continuously for 3 months
Personal – 5 days leave per year, first 3 are paid if you have worked continuously for 3 months, for
1. Personal illness or injury
2. Carrying out responsibilities related to a sick family member, education of a family member under 18, addressing any urgent matter concerning yourself or a family member
3. Attending your citizenship ceremony under the Citizen Act
4. Other prescribed reasons
Traditional Aboriginal practices – 5 days to engage in hunting, fishing, harvesting, and any traditional Aboriginal practice prescribed by regulation if you are an Indigenous person (Indian, Inuit, or Métis) and have been employed for three months

Changes to Leaves of Absence

Shared parental leave – Increased from 63 to 71 weeks and from 78 to 86 weeks aggregate amount for maternity and parental leave (not in effect yet)
Medical leave (previously called sick leave) – 17 weeks leave maximum leave for personal illness or injury, organ or tissue donation, or medical appointments during working hours; 3-month employment eligibility restriction removed
Minimum length of service requirements – Current 6-month continuous service requirement removed for entitlement to maternity leave, parental leave, leave related to critical illness, or leave related to death or disappearance of a child

Equal Pay

Part-time, casual, and seasonal employees must be paid at the same rate as full-time employees performing substantially the same work (not in effect yet)

Rest Periods/Breaks

30 minutes every 5 hours of continuous work (paid if the employee must remain at the employer’s disposal during break)
8 hours rest minimum between work periods/shifts
Medical breaks, nursing/expressing milk as needed

Vacation

2 weeks (or 4%) after 1 year, 3 weeks (or 6%) after 5, 4 weeks (or 8%) after 10

Stat Holiday Pay

30-day wait period eliminated

Individual Termination

Ranges from 2 weeks after 3 months to 8 weeks after 8 years
Will apply if you are terminated without just cause after continuous employment (not in effect yet)

Group Termination

Will apply to groups of 50 or more employees (not in effect yet)

16 weeks’ notice to the Ministry of Labour
Immediate notification to the union or to the employees directly if not represented by a union
Employees entitled to 8 weeks’ notice (written notice, pay in lieu, or combination) if terminated during the 16-week period

Unjust Dismissal

Powers of the Canadian Industrial Relation Board will be expanded to deal with unjust dismissal complaints (not in effect yet)