Bill 47 - The Making Ontario Open for Business Act, 2018

On November 22, 2017, the Ontario Government, then headed by Liberal premier Kathleen Wynne, passed Bill 148, the Fair Workplaces, Better Jobs Act, 2017, S.O. 2017 C.22. For my summary of the changes to Ontario employment law brought into effect by Bill 148 see my post Bill 148 and Changes to the Employment Standards Act, 2000.

Nearly one year later to the day, November 21, 2018, the Ontario Government, now under a Conservative government, passed Bill 47, the Making Ontario Open for Business Act, 2018, S.O. 2018, C.14. The Bill received Royal Assent the same day. Unless otherwise stated, the changes to the ESA are effective as of January 1, 2019.

A major effect of Bill 47 was to undo much, but not all of what had been introduced by Bill 148.

So what changes as of January 1, 2019?

The Statutory Right to Paid Sick Leave and What Constitutes “Evidence Reasonable in the Circumstances”

Amongst the changes ushered in by the Fair Workplaces, Better Jobs Act, 2017, S.O. 2017 C.22, formerly Bill 148, is the provision of two paid days of “personal emergency leave”. For most people, this translates into two paid days of ‘sick leave’.

Although previously provided as subsection 50(7), newly minted subsection 50(12) of the Employment Standards Act, 2000 will provide that, “Subject to subsection (13), 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.”

The catch is newly added subsection 50(13), which provides that, “An employer shall not require an employee to provide a certificate from a qualified health practitioner as evidence under subsection (12).” Read: an employer cannot require an employee to produce a doctor’s note in order to prove that the employee was entitled to take such paid sick leave / personal emergency leave.

This got me thinking, if employers cannot ask for a doctor’s note, then what qualifies as “evidence reasonable in the circumstances”.

Entitlement to Bereavement Leave in Ontario

How much paid bereavement leave is an employee entitled to in Ontario? And what constitutes “evidence reasonable in the circumstances” to demonstrate entitlement to statutory bereavement leave?

If you are reading this post, you are likely reading this at an unfortunate time in your life or that of someone close to you.