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ARTICLE · 21 JUNE 2018

Personal Emergency Leave – Your Questions Answered

Employers should seek legal advice if they are unsure about how the legislation applies to their circumstances.

CanadaEmployment and HR

Due to excellent participation in our recent Bill 148 Q & A Quarterly Webinar, and popular demand for more information about Personal Emergency Leave ("PEL"), we have answered the most pressing questions from participants in this update.

Notably, because the changes to PEL are so new, there is very little case law regarding their application. As always, the summary below is not legal advice. Employers should seek legal advice if they are unsure about how the legislation applies to their circumstances.

Can employees take PEL during their probationary periods?

Employees are entitled to 10 PEL days per calendar year, full stop, from the moment their employment with an employer begins. There is no mechanism in the ESA for pro-rating that entitlement.  Neither does it matter for how many employers an employee works during the course of a single calendar year – they get a fresh 10 with each new hire.

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