As of April 3, 2019, and the passage of Bill 66, you are only required by law to provide a copy of the poster to all employees (either physical or digital). You no longer must post a physical copy in a highly visible space in your business, such as the employee break room. The poster can be found here.
As of April 3, 2019, you are no longer required to get approval from the Ministry of Labour's Director of Employment Standards on employer-employee agreements to exceed 48 hours of work in a work week. The written agreement between you and your employee is enough.
Furthermore, work can now be averaged over a maximum of four weeks for determining overtime pay, up from the previous two week limit.
Ontario’s minimum wage will be held at $14/hour until October 1, 2020 where it will be re-indexed to inflation.
|Wage Rate||January 1, 2018||January 1, 2019|
Personal Leave Days
As of January 1, 2019, you will no longer be required to pay for two personal emergency leave days. Instead, all Ontario employees will be entitled to a total of eight unpaid leave days, broken down into three separate categories:
- Three (3) days for personal illness
- Three (3) days for family responsibilities
- Two (2) days for bereavement
You will be allowed to ask for documentation, so long as it is reasonable in the circumstances, including doctor’s notes.
Statutory Holiday Pay
To calculate statutory holiday pay, take the regular wages your employee earned over the last four weeks before the holiday and divide by 20.
2019 Statutory Holidays:
- January 1 (New Year’s Day)
- February 18 (Family Day)
- April 19 (Good Friday)
- May 20 (Victoria Day)
- July 1 (Canada Day)
- September 2 (Labour Day)
- October 14 (Thanksgiving)
- December 25 (Christmas)
- December 26 (Boxing Day)
All employees who have been with your business for less than five years are entitled to two weeks vacation at 4 per cent.
All employees who have worked with your business for more than five years or more are entitled to three weeks vacation at 6 per cent.
The following is a Q & A on vacation with pay after five years:
1. When an employee has an alternative vacation entitlement year running from January 1 to December 31 and their fifth anniversary falls, for example on June 1st how is vacation paid?:
If an employee’s vacation entitlement year runs from January 1st 2018 to December 31st, 2018 and their fifth anniversary falls on June 1st, on June 1st, the anniversary date, you would start paying 6% vacation pay and you would pay the employee an additional 2% vacation pay retroactive to January 1st, 2018. The employee would then be entitled to three weeks vacation as of June 1st, 2018.
2. When an employee has a standard vacation entitlement year of June 1st, 2018 to May 31st 2019 how is vacation paid?:
If an employee’s vacation entitlement year runs from June 1st to May 31st of the following year and their fifth anniversary falls on June 1st, 2018, you would start paying 6% vacation pay on June 1st and they would pay the employee an additional 2% vacation pay retroactive to June 1st, 2017. The employee would then be entitled to three weeks vacation as of June 1st, 2018.
For more information on vacation, please see the Employment Standards Website.
You have the right to schedule when vacations are taken.
The planned scheduling changes, including mandatory 3-hours on call pay, shift-cancellation penalties and the 96 hours notice requirement for new shift will not come into effect. Scheduling requirements will remain the same as they currently are.
Equal Pay for Equal Work
As of January 1, 2019, you will be allowed to pay employees with different employment status (e.g. part time vs. full time) different rates for doing the same work at the same location.
Pay equity rules which were in effect before Bill 148 remain in effect.
Reinstating the Secret Ballot Vote
As of November 21, 2018, 2019, the secret ballot vote will be reinstated for the homecare/community services, building services and temporary help agency industries.
The 20 per cent Rule
As of November 21, 2018, you will no longer be required to hand over your employees’ personal contact information should 20 per cent of your workforce sign union cards.
Note: if you intend to review your internal policies to reverse or reduce requirements to meet the new minimum standards, please proceed with caution. Proper notice will be required.