Currently, the Employment Standards Act, 2000 permits industry-specific regulations about leaves of absence. These regulations can detrimentally affect the entitlements and rights that an employee would otherwise have under the Part of the Act that deals with leaves of absence.
The Bill would restrict this power. Industry-specific regulations could still be made, but they would not be permitted to detrimentally affect those entitlements and rights.
Bill 55 2018
An Act to amend the Employment Standards Act, 2000 in respect of leaves of absence
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1 (1) Section 141 of the Employment Standards Act, 2000 is amended by adding the following subsection:
Regulation restricting leave prohibited
(2.5) A regulation made under paragraph 3, 6 or 7 of subsection (1) must not detrimentally affect any employee's entitlements and rights under Part XIV.
(2) Subsection 141 (6) of the Act is amended by striking out "Without restricting the generality of paragraphs 6 and 7 of subsection (1), a regulation made under paragraph 6 or 7 may" at the beginning and substituting "Without restricting the generality of paragraphs 6 and 7 of subsection (1), but subject to subsection (2.5), a regulation made under paragraph 6 or 7 may".
2 This Act comes into force one year after the day it receives Royal Assent.
3 The short title of this Act is the Fairness for the Auto Sector Act (Employment Standards), 2018.