HR MAT T E R S
employees can “bank” one hour of time
off with pay for every hour of overtime
worked for up to six months (or longer
under a collective agreement). The
requirement remains for a written overtime
agreement between the employer
and employee, group of employees or as
part of a collective agreement before an
employee can receive time off with pay
instead of overtime pay.
Note: With these changes, the Flexible
Averaging Agreement would no longer
be needed, giving employers and
employees the option to develop straighttime
banked hours’ arrangements.
Banked time off with pay earned
before Sept. 1, 2019 that has not yet been
provided, taken or paid, must be provided
in accordance with the provisions
pre-Sept. 1, 2019, unless the Overtime
Agreement, or Overtime Agreement
part of a Collective Agreement, provides
for a higher rate.
Changes to the labour relations code
Labour Relations Code (effective
May 27, 2019 and Oct. 1, 2019
respectively): Changes would come
into effect upon Bill 2 receiving royal
assent with effective application for
most provisions as of May 27, 2019.
The support program that would assist
employees to better understand their
rights would come into force on Oct. 1,
2019. Change highlights include:
1. Restoring the mandatory
secret ballot vote for all union
certification votes.
2. Returning to a 90-day period for
unions to provide evidence of
employee support for certification.
3. Establishing a program to support
and assist employees to better
understand and exercise their
rights under labour legislation.
4. Strengthening rules that coordinate
employment-related complaints
when these complaints involve
multiple forums.
2019 legislation changes watch list:
•• Further changes to the Alberta
Employment Standards Code
and/or the Labour Relations Code
are expected to be announced
later in 2019, along with possible
changes to the Occupational Health
and Safety Act.
•• Bill 8, Employment Standards
Amendment Act in British Columbia
(tabled on April 29th) significantly
updates the Employment
Standards Act with proposed
amendments to four areas of
focus including the protection
of children and youth from
dangerous work, making it
easier for workers who have
experienced a violation of their
rights to access help and resources,
increase job protection for those
in difficult personal circumstances
and ensuring employees receive
the compensation they are
owed, while also ensuring those
who violate the law have a fair
economic advantage. Display
footnote number: 3
•• Bill 47, Make Ontario Open for
Business Act (received Royal Assent
on Nov. 21, 2018) incorporates
key ESA and LRA changes,
according to Shields O’Donnell
MacKillop LLP:
Changes to the Employment
Standards Act (ESA)
Personal emergency leave – has been
repealed and replaced by three separate
unpaid leaves: sick leave (3 days); family
responsibility leave (3 days); and, bereavement
leave (2 days). The Bill also removes the
prohibition on employers requesting medical
documentation to support entitlement to
these leaves.
Minimum wage – minimum wage will
stay at $14.00/hour until at least October
2020 when it will be adjusted for inflation.
Scheduling – Many of the scheduling
changes introduced by Bill 148, which were
scheduled to come into effect on January 1,
2019, will be repealed, including:
•• Requirement for employers to respond
to an employee’s request for changes to
their schedule or work location;
•• An employee’s right to refuse a request
to work or be on call with less than 96
hours’ notice;
•• On-call pay provisions; and,
•• Shift cancellation pay provisions.
Please note: under Bill 47, employers
will still be required to pay employees who
regularly work more than three hours for a
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