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ARTICLE · 17 MAY 2018

Arbitrator Clarifies Application Of New Personal Emergency Leave Provisions

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Ontario employers have been anxiously awaiting guidance from adjudicators concerning the interpretation of the amendments of the Employment Standards Act (the "ESA") ...

CanadaEmployment and HR
Hugh R. Dyer
Hugh R. Dyer
Paula Pettit
Paula Pettit
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Ontario employers have been anxiously awaiting guidance from adjudicators concerning the interpretation of the amendments of the Employment Standards Act (the "ESA") introduced by Bill 148. In particular, many unionized employers have been concerned about the interaction of paid disability benefits provided for in their collective agreements and the requirements introduced by Bill 148 to pay for the first two days of personal emergency leave in each year. The award of Arbitrator Mort Mitchnick in Bristol Machine Works Ltd. may be the first decision to address this issue.

By way of brief background, the concept of personal emergency leave ("PEL") has existed in Ontario for many years. PEL can be used by eligible employees to take up to 10 days per year of job protected leave in connection with personal illness, injury or medical emergency, or death, illness, injury, medical emergency or urgent matter affecting designated family members. Bill 148 made three significant

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