Category: Blog Posts

A reminder to employers that the WIPB program has been extended and employers may have to pay employees employees up to 3 days wages as indicated below.

Originally set to expire on December 31, 2021, Premier Doug Ford’s government has announced that it is extending the Worker Income Protection Benefit program until July 31, 2022. 

The Worker Income Protection Benefit Program

The program requires employers to provide all eligible employees with up to three (3) paid days off for a range of reasons related to the pandemic, including:

• going for a COVID-19 test;
• staying home awaiting the results of a COVID-19 test;
• being sick with COVID-19;
• getting individual medical treatment for mental health reasons related to COVID-19;
• going to get vaccinated;
• experiencing a side effect from a COVID-19 vaccination;
• having been advised to self-isolate due to COVID-19 by an employer, medical practitioner or other specified authority;
• providing care or support to certain relatives for COVID-19 related reasons, such as when they are:
  • sick with COVID-19 or have symptoms of COVID-19;
  • self-isolating due to COVID-19 on the advice of a medical practitioner or other specified authority;
  • providing care or support to their child who is getting vaccinated against COVID-19 or is experiencing side effects from the vaccine.

Employers are generally required to pay employees the wages they would have earned had they not taken the leave, up to $200.00 per day for up to three (3) days.

READ ARTICLE (see links)

As expected, the Ontario government has extended the support for workers and employers until July 31, 2022

TORONTO – The Ontario government is extending its Worker Income Protection Benefit program, which provides paid sick days, until July 31, 2022 to continue keeping workers safe and ensure they do not lose pay if they need to miss work for reasons related to COVID-19. Employees can continue to access this paid leave to get tested, vaccinated, self-isolate, or care for a family member. Should the Canada Recovery Sickness Benefit be extended, workers in Ontario have access to the most generous paid sick days program in Canada.

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Just over a month ago I did a post mentioning this piece of legislation that was proposed.  It has now been passed and is awaiting Royal Assent.  One thing to notice (that will affect ALL employers) is the the banning of non-compete agreements which will also become law when the Act receives Royal Assent and will be backdated to October 25, 2021.  Read below for more…

The majority of our clients are NOT unionized, but these decisions often form the legislative, and regulatory rules that follow.

There are now three recent Ontario arbitration decisions that address whether an employer may require its unionized employees to be vaccinated. While directly relevant to unionized employers, given the lack of case law considering the issue, these decisions may have further-reaching impacts on all employers in Ontario.

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If you are interested, Williams HR Law is putting on this free lunchtime webinar tomorrow.

This webinar covers how the evolving landscape of our New World of Work has impacted how employers conduct and address issues related to workplace investigations. Topics will include common pitfalls in conducting workplace investigations in our current climate; critical considerations when selecting investigators; and when investigations may require specialized training in equity, anti-oppression, anti-racism, and/or trauma.

The Zoom link will be provided to all registrants prior to the event. For those who have not yet registered, please click here to register.

There has been a fair amount of discussion around vaccination policies and the impending unpaid leave of absences, with possible termination coming down the road. At the moment, they are only discussion as we have seen no court cases (yet) to provide direction.  Arbitration cases have gone both ways, but it’s still early days.  The article below identifies some of an employers considerations.

As workplaces around the country implement employee vaccination policies in response to the pandemic, the obvious question arises of what can be done to enforce them. A well-crafted policy will include provisions on what discipline may apply to employees who fail to comply. However, the existence of a policy statement regarding treatment of non-compliant employees does not, in and of itself, justify all disciplinary measures carried out thereunder.

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An interesting article has been posted by Blaney McMurtry Employment Lawyer.  It contains information on bon fide reasons for exemptions (very few it appears) and what they must contain.  Also interesting is the reference to the Ontario Human Rights Commission statement we posted back on September 22nd.

In our September 9, 2021 Employment Update: Reopening Workplaces and Vaccination Policies, we reported on recommendations for employers in Ontario to institute a workplace vaccination policy to protect their employees and the public from COVID-19, as well as some considerations for such policies.   

While the provincial government has not mandated vaccination for all workplaces, Ontario’s mandatory proof of vaccine requirement for patrons of certain indoor public settings commenced on September 22, 2021. In the context of these new regimes, the question that has been left for employees and employers alike, is: Who can be exempt from these vaccination policies?

https://www.blaney.com/articles/when-can-employers-provide-an-exemption-to-covid-19-vaccination-policy-requirements?

If you are wondering how to code Records of Employment forms (ROE’s) in this “COVID” era, take a quick read of this short article below…

The Record of Employment (ROE) (Block 16) provides information on an employee’s employment history when they apply for Employment Insurance (EI) benefits.  The information on an ROE is used by Service Canada to determine the employee’s eligibility to receive EI benefits, the benefit amount, and how long the benefits will be paid.  Employers must issue an ROE each time an employee experiences an interruption of earnings. Canada provides a guide on How to Complete the ROE form.

READ THE ARTICLE HERE

I’m not so sure that Ontario employers need any more legislation, but those with over 25 staff could be required to implement “right to disconnect” standards in the very near future.  Take a read of the article below for more information.

Ontario employers will soon be required to create right-to-disconnect policies for their workplaces, in an effort to address the ills of “hyper-connectivity.”

Legislation expected to be introduced this week will, if passed, require workplaces with more than 25 employees to develop internal right-to-disconnect standards. The move would make Ontario the first province in Canada to implement such a measure.

https://www.thestar.com/news/gta/2021/10/25/buried-in-after-hours-emails-ontario-to-propose-right-to-disconnect-laws.html

Although the majority of Mainstay clients pay well in excess of minimum wage, I thought it important to share these changes…

Employers in Ontario, Manitoba, Newfoundland & Labrador and Saskatchewan, will be required to comply with the new increased minimum wage effective October 1, 2021.

Effective October 1, 2021, the general minimum wage in Ontario increased to $14.35 per hour. Under the Making Ontario Open for Business Act this increase is tied to the Ontario Consumer Price Index for 2020.

Similar to Ontario, Saskatchewan’s minimum wage is calculated using an indexation formula. Accordingly, effective October 1, 2021, the minimum wage in Saskatchewan increased to $11.81 per hour.

Manitoba’s minimum wage has also increased. As of October 1, 2021, the minimum wage in Manitoba increased to $11.95 per hour.

Finally, on October 1, 2021, Newfoundland and Labrador introduced its second of two wage increases for 2021. Accordingly, minimum wage in this province is now $12.75 per hour.

Below is a reminder of the general minimum wage rates across Canada.
British Columbia: $15.20 effective June 1, 2021
Alberta: $15.00 effective October 1, 2018
Saskatchewan: $11.81 effective October 1, 2021
Manitoba: $11.95 effective October 1, 2021
Ontario: $14.35 effective October 1, 2021
Quebec: $13.50 effective May 1, 2021
New Brunswick: $11.75 effective April 1, 2021
Nova Scotia: $12.95 effective April 1, 2021
Prince Edward Island: $13.00 effective April 1, 2021
Newfoundland and Labrador: $12.75 effective October 1, 2021
Northwest Territories: $15.20 effective September 1, 2021
Yukon: $15.20 effective August 1, 2021
Nunavut: $16.00 effective April 1, 2020

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