New leave entitlements proposed for employees: Ontario Government introduces sixth Working for Workers Act

On November 27, 2024, the Ontario Government introduced Bill 229, Working for Workers Six Act, 2024 (“Bill 229”) which the government says would “support the safety and wellbeing of workers and their families, grow Ontario’s workforce, and keep costs down for the workers and businesses.”

Bill 229 is already in its second reading, and if passed, would increase the number of statutory leaves available to employees under the Ontario Employment Standards Act, 2000 (the “ESA”), including those listed below.

Placement of a child leave

Bill 229 would create a new unpaid parental leave for employees who become parents through adoption or surrogacy “to ensure they have adequate time to meet the demands of the adoption or surrogacy process, attach and welcome their child into their new home.” This proposed Placement of a Child Leave would align with the upcoming federal changes that would make employment insurance benefits available for workers who become new parents through adoption or surrogacy.

Employees employed for at least 13 weeks would be entitled to up to 16 weeks of Placement of a Child Leave without pay. This leave would be taken in a single period and parents that have two or more children placed with them will not be entitled to further leave if the children are placed on the same day or within a prescribed time.

Long-term illness leave

Bill 229 would also provide one of the longest provincial leaves in Canada – up to 27 weeks – to employees who are unable to work due to a serious medical condition.

While not a new leave per se, Long-Term Illness Leave helps to codify in the ESA, at least partially, an employer’s duty to accommodate long term illnesses under human rights legislation. To be eligible, employees must be employed for at least 13 weeks with an employer and would be entitled to up to 27 weeks of leave without pay, even if the employee has more than one medical condition.

Other notable changes proposed in Bill 229 include:

• requiring properly fitting personal protective equipment (PPE) in all sectors in the pursuit to hopefully “encourage more women to join the trades”. This new PPE requirement builds on previous inclusive changes made by the government, including requiring that menstrual products be provided on larger construction sites and mandating that washrooms are clean and sanitary as well as the requirement for properly fitting PPE for women in the construction sector;
• imposing a minimum fine of $500,000 for corporations convicted of repeated offences that result in death or serious injury for employees within a two-year period; and
• requiring all drivers to slow down and move over when passing work-related vehicles to enhance safety for roadside workers.

Bill 229 is not yet passed into law, however, it appears to be moving quickly through the legislature and may be passed before the end of the year. As these changes may arrive sooner rather than later, employers should start to look at their policies and entitlements, including with respect to leaves, to ensure that these changes are properly captured.

We will provide further updates as Bill 229 makes it way through the legislature, but in the interim, if you have any questions about the Working for Workers Six Act, 2024, do not hesitate to contact Matthew Demeo, or any lawyer in our Ontario Employment and Labour Law Group.