The beginning of the year has brought on a new set of changes that federally regulated employers will need to be aware of. These recent amendments to the Canada Labour Code include new standards for leaves of absence, occupational health and safety requirements and pay equity. As we roll into 2022 let’s take a closer look at these rules and some of the resources that can help trucking and logistics organizations prepare.
Bill C-3 amends the Canada Labour Code to expand paid sick days and bereavement leave. Though the bill was passed in December 2021, there has been no announcement about when the new provisions will take effect. The goal is to give employers time to adjust their company policies and payroll.
Paid sick days: Employees will be entitled to three paid sick days after 30 days on the job, and one day paid sick leave per month of employment up to a maximum of 10 days per calendar year. Employers must pay the usual wage when sick days are taken.
Sick leave can be taken all at once or in shorter amounts, but employers can require that each period of leave is not less than one day. Also, employers can request a medical note for absences of five consecutive days or more. This request must be made no later than 15 days after an employee has come back to work.
Bereavement leave: An employee experiencing the death of an immediate family member is eligible for up to 10 days of leave (3 of which are paid if the employee has worked more than 30 days) between the day a death occurs and six weeks after any type of memorial service.
Death of a child: If the family member is a child, the employee is eligible for an unpaid leave up to eight weeks. This leave must be taken during a period that starts with the death or stillbirth of the child and ends 12 weeks after the date of the funeral, burial or memorial service.
Harassment and violence in the workplace
Last year the Canada Labour Code was amended to expand the obligation of federal employers to prevent, investigate and respond to incidents of workplace violence and harassment. The rules require employers to provide an annual report to the Minister of Labour by March 1 of every year, starting in 2022.
The Employer’s Annual Harassment and Violence Occurrence Report (EAHVOR) must detail any workplace incidents, the measures taken to resolve them and the average time it took to complete the process.
With the reporting deadline upon us, it’s important to know how to file an EAHVOR and meet other obligations regarding workplace harassment and violence. Our Understanding the Workplace Harassment & Violence Prevention Regulations resource can help.
Human Rights Commission on Pay Equity
The Pay Equity Act came into force last August, establishing that federally regulated employers must provide equal pay for work of equal value across job classes.
The first requirement under the Act was to notify employees about the creation of a pay equity plan (the deadline to post a notice was Nov. 1, 2021). Employers have three years to form a committee, complete their plan and adjust compensation based on the findings.
This process will take time and the requirements vary depending on the number of employees, so don’t wait to get started. Check out our guide, The New Pay Equity Agenda 7 Steps to Compliance, to learn more.
Things to Come
Labour Canada is considering other changes to the Canada Labour Code as stated in the Minister’s Mandate letter after the election in the fall. Among them:
- Development of a right to-disconnect policy within federally regulated workplaces.
- Making mental health as part of workplace health and safety and requiring federally regulated employers to have measures to deal with stress at the workplace.
Trucking HR Canada has a range of resources and will continue to develop more to support employers in complying with all new regulations. Keep your eyes open for upcoming webinars that will go into greater detail about some of the changes around paid sick days and pay equity.