40:1 Bill 30, Family Caregiver Leave Act (Employment Standards Amendment), 2012

Jeffrey, Hon Linda Minister of Labour

Viewing: Original (current version) pdf

Bill 30                                                          2011

An Act to amend the Employment Standards Act, 2000 in respect of family caregiver leave

Note:  This Act amends the Employment Standards Act, 2000.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  Subsection 15 (7) of the Employment Standards Act, 2000 is amended by striking out “organ donor leave, personal emergency leave” and substituting “organ donor leave, family caregiver leave, personal emergency leave”.

   2.  Subsection 49.1 (12) of the Act is repealed and the following substituted:

Leave under ss. 49.3 and 50

   (12)  An employee’s entitlement to leave under this section is in addition to any entitlement to leave under sections 49.3 and 50.

   3.  Part XIV of the Act is amended by adding the following section:

Family Caregiver Leave

Family caregiver leave

Definitions

   49.3  (1)  In this section,

“qualified health practitioner” means a person who is qualified to practise medicine under the laws of the jurisdiction in which care or treatment is provided to the individual described in subsection (4) or, in the prescribed circumstances, a member of a prescribed class of health practitioners; (“practicien de la santé qualifié”)

“week” means a period of seven consecutive days beginning on Sunday and ending on Saturday. (“semaine”)

Entitlement to leave

   (2)  An employee is entitled to a leave of absence without pay to provide care or support to an individual described in subsection (4) if a qualified health practitioner issues a certificate stating that the individual has a serious medical condition.

Same

   (3)  An employee is entitled to take up to eight weeks leave under this section for each individual described in subsection (4) in each calendar year.

Application of subs. (2)

   (4)  Subsection (2) applies in respect of the following individuals:

    1.  The employee’s spouse.

    2.  A parent, step-parent or foster parent of the employee or the employee’s spouse.

    3.  A child, step-child or foster child of the employee or the employee’s spouse.

    4.  A grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employee’s spouse.

    5.  The spouse of a child of the employee.

    6.  The employee’s brother or sister.

    7.  A relative of the employee who is dependent on the employee for care or assistance.

    8.  Any individual prescribed as a family member for the purpose of this section.

Full-week periods

   (5)  An employee may take a leave under this section only in periods of entire weeks.

Advising employer

   (6)  An employee who wishes to take a leave under this section shall advise his or her employer in writing that he or she will be doing so.

Same

   (7)  If the employee must begin the leave before advising the employer, the employee shall advise the employer of the leave in writing as soon as possible after beginning it.

Copy of certificate

   (8)  If requested by the employer, the employee shall provide the employer with a copy of the certificate referred to in subsection (2) as soon as possible.

Leave under ss. 49.1 and 50

   (9)  An employee’s entitlement to leave under this section is in addition to any entitlement to leave under sections 49.1 and 50.

   4.  Section 141 of the Act is amended by adding the following subsections:

Transitional regulations re family caregiver leave

   (2.0.3)  The Lieutenant Governor in Council may make regulations providing for any transitional matter that the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of section 49.3.

Conflict with transitional regulations

   (2.0.4)  In the event of a conflict between section 49.3 and a regulation made under subsection (2.0.3), the regulation prevails.

Commencement

   5.  This Act comes into force on July 1, 2012.

Short title

   6.  The short title of this Act is the Family Caregiver Leave Act (Employment Standards Amendment), 2011.

 

EXPLANATORY NOTE

The Bill amends the Employment Standards Act, 2000.

Section 49.3, which creates family caregiver leave, is added to the Act.  Under section 49.3, an employee is entitled to a leave of absence without pay to provide care or support to a family member who has a serious medical condition.  An employee may take up to eight weeks per calendar year with respect to each family member described in the section or prescribed by regulation.  Entitlement to family caregiver leave is in addition to any entitlement to family medical leave under section 49.1 and personal emergency leave under section 50.

The Lieutenant Governor in Council has authority to make regulations dealing with transitional matters.  In the event of a conflict between section 49.3 and a transitional regulation, the regulation prevails.

The Bill comes into force on July 1, 2012.

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