Difference between revisions of "Employment Law Issues (9:V)"

As of April 27, 2006 the ''ESA'' was amended to allow an employee to take up to eight weeks of unpaid leave to care for a family member who is gravely ill and faces a significant risk of death within 26 weeks (s 52.1). The employee must provide a certificate from a medical practitioner stating that the family member faces significant risk of death. The eight weeks do not have to be taken consecutively, but they must be used within the 26-week period. If the family member is still alive after 26 weeks but still gravely ill, a further eight weeks can be taken; however, a new medical certificate must be provided by a medical practitioner. While on compassionate leave the employment is considered to be continuous. An employer must not terminate the employee, or change the conditions of employment while an employee is on compassionate leave, unless they obtain their written consent to do so. An employee may also qualify for a maximum of six weeks of pay through Employment Insurance for compassionate leave. For more information please refer to [[Introduction to Employment Insurance (8:I) | Chapter 8: Employment Insurance]].  

==== g) Proposed Leave for Victims of Domestic Violence ====

Bill M 235, the proposed Employment Standards (Domestic Violence Leave) Amendment Act, is currently in first reading as of March of 2017.  Although not in force, the Act in its current formulation proposes up to 10 days of paid leave and up to 17 weeks of unpaid leave for specific purposes if an employee or the employee’s child has experienced domestic or sexual violence.

This amendment is not currently law at the time of publication of this manual.  However, if a claimant is adversely impacted at work as a result of domestic violence, it is a good idea to check on the status of this law, to see if it may provide in the circumstances.