What if my Collective Agreement Contains a Different Benefit?
- If your Collective Agreement provides for a better benefit, your Collective Agreement wins!
- If your Collective Agreement provides for less, in most cases the Act wins. If your employer says otherwise, call your Member Resource Centre at 1-877-672-7348
- Increased to $14.00/hour on January 1, 2018 – your employer cannot pay you less.
- Check your pay and ensure you are being paid at least this rate.
Personal Emergency Leave
- Several changes:
- Now applies to all workplaces (50 employee minimum is removed).
- First two days of personal emergency leave are now paid.
- Employers cannot request a doctor’s/medical note for any personal emergency leave request.
- When requesting leave, you must specifically identify that you are taking Personal Emergency Leave under the Act.
- Your employer can ask for the reason for the leave and for proof but cannot ask for a medical note.
- This provision does not prevent requests for sick notes from employers when you take sick leave under your Collective Agreement.
- The Union argues that this leave is separate from any existing leaves in your collective agreement.
Public Holiday Pay
- New formula for the calculation of public holiday pay: Your average day’s wages for the previous pay period. This is much better for part-time employees than the previous formula.
- Add up the wages in your previous pay period and divide by the number of days you worked. The result is the minimum you should be paid for the stat holiday.
Vacation with Pay
- Increase in vacation time from two (2) to three (3) weeks, and in vacation pay from 4% to 6%, after 5 years of employment with the same employer.
- The Union’s view is that this means five (5) years of service (your hire date).
- For birth or adoption dates after December 3, 2017, leave entitlement increases to 61 weeks (for employees who take pregnancy leave) or 63 weeks (for those who do not).
- Important to check your Collective Agreement for Employment Insurance top-up provisions, which may not cover the entire new longer leave period.
Domestic or Sexual Violence Leave
- New leave of both 10 days plus 15 weeks per calendar year where either the employee or his/her child experiences domestic or sexual violence (or the threat of it)
- Must be taken for a recognized purpose under the Act (to seek medical attention, obtain services from a victim services organization, obtain psychological or other professional counselling, relocate temporarily or permanently, or seek legal assistance).
- First five (5) days of leave are paid.
- The employee must have been employed for at least 13 consecutive weeks at the time of the commencement of the leave.
Crime-Related Child Disappearance Leave and Child Death Leave
- New Crime-Related Child Disappearance Leave of 104 weeks, where a child disappears, and it is probable that the disappearance was the result of a crime.
- New Child Death Leave of 104 weeks leave for the death of a child (for any reason).
If you have any questions relating to any of these topics, don’t hesitate to call your Member Resource Centre at 1-877-672-7348.