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O. Reg. 530/17: TERMS AND CONDITIONS OF EMPLOYMENT IN DEFINED INDUSTRIES - AUTOMOBILE MANUFACTURING, AUTOMOBILE PARTS MANUFACTURING, AUTOMOBILE PARTS WAREHOUSING AND AUTOMOBILE MARSHALLING

filed December 18, 2017 under Employment Standards Act, 2000, S.O. 2000, c. 41

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ontario regulation 530/17

made under the

Employment Standards Act, 2000

Made: December 13, 2017
Filed: December 18, 2017
Published on e-Laws: December 18, 2017
Printed in The Ontario Gazette: January 6, 2018

Amending O. Reg. 502/06

(TERMS AND CONDITIONS OF EMPLOYMENT IN DEFINED INDUSTRIES - AUTOMOBILE MANUFACTURING, AUTOMOBILE PARTS MANUFACTURING, AUTOMOBILE PARTS WAREHOUSING AND AUTOMOBILE MARSHALLING)

1. Subsection 1 (1) of Ontario Regulation 502/06 is amended by adding the following definition:

“qualified health practitioner” means a person who is qualified to practise as a physician, a registered nurse or a psychologist under the laws of the jurisdiction in which care or treatment is provided to the employee or to an individual described in subsection 4 (4). (“praticien de la santé qualifié”)

2. (1) Subsection 4 (1) of the Regulation is amended by striking out “to an employee whose employer regularly employs 50 or more employees” at the end.

(2) Subsection 4 (2) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(2) An employee is entitled to take a total of seven days of leave in each calendar year because of any of the following:

. . . . .

(3) Subsection 4 (3) of the Regulation is revoked and the following substituted:

(3) In addition to the entitlement under subsection (2), an employee is entitled to take up to three days of leave because of the death of an individual described in subsection (4) each time there is such a death.

(4) Subsections 4 (7) and (8) of the Regulation are revoked and the following substituted:

(7) Subject to subsection (8), an employee is entitled to take a total of two days of paid leave under this section in each calendar year and the balance of his or her entitlement under this section as unpaid leave.

(8) If an employee has been employed by an employer for less than one week, the following rules apply:

1. The employee is not entitled to days of paid leave under this section.

2. Once the employee has been employed by the employer for one week or longer, the employee is entitled to days of paid leave under subsection (7), and any days of unpaid leave that the employee has already taken in the calendar year shall be counted against the employee’s entitlement under that subsection.

3. Subsection (9) does not apply until the employee has been employed by the employer for one week or longer.

(9) The two days of paid leave mentioned in subsection (7) must be taken first in a calendar year before any of the days of unpaid leave can be taken under this section.

(10) Despite subsections (7) and (8), an employee is not entitled to take two days of paid leave under this section if the following applies under the terms and conditions of his or her employment:

1. The employee is entitled to receive a total of two or more days as one or more of the following:

i. Vacation days in excess of the employee’s entitlement under Part XI of the Act.

ii. Holidays in excess of the employee’s entitlement under Part X of the Act.

iii. Days off for personal illness or personal medical appointments in each calendar year.

2. The employee is entitled to be paid, for at least two of the days described under paragraph 1, an amount for each day equal to,

i. the total amount of regular wages earned in the pay period immediately preceding that day, divided by the number of days the employee worked in that period, or

ii. if the employee was on vacation for the entire pay period referred to in subparagraph i, the total amount of regular wages earned in the pay period immediately preceding the vacation, divided by the number of days the employee worked in that period.

(11) An employee who is not entitled to take two days of paid leave because of subsection (10) continues to be entitled under subsections (2) and (3) to take the leave as unpaid leave.

(12) If an employee takes any part of a day as paid or unpaid leave under this section, the employer may deem the employee to have taken one day of paid or unpaid leave on that day, as applicable, for the purposes of subsections (7) and (8).

(13) Subject to subsections (14) and (15), if an employee takes a day of paid leave under this section, the employer shall pay the employee either,

(a) the wages the employee would have earned had they not taken the leave; or

(b) if the employee receives performance-related wages, including commissions or a piece work rate, the greater of the employee’s hourly rate, if any, and the minimum wage that would have applied to the employee for the number of hours the employee would have worked had they not taken the leave.

(14) If a day of paid leave under this section falls on a day or at a time of day when overtime pay, a shift premium or both would be payable by the employer,

(a) the employee is not entitled to more than his or her regular rate for any leave taken under this section; and

(b) the employee is not entitled to the shift premium for any leave taken under this section.

(15) If a day of paid leave under this section falls on a public holiday, the employee is not entitled to premium pay for any leave taken under this section.

(16) Subject to subsection (17), an employer may require an employee who takes leave under this section to provide evidence reasonable in the circumstances that the employee is entitled to the leave.

(17) An employer shall not require an employee to provide a certificate from a qualified health practitioner as evidence under subsection (16).

Commencement

3. This Regulation comes into force on the later of January 1, 2018 and the day it is filed.

 

 

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