Many OPSEU members want to know more about Section 50 of the Employment Standards Act. This section was added to Ontario labour law in December 2000 when the government passed Bill 147. Section 50 reads as follows:

Emergency Leave
50. (1) An employee whose employer regularly employs 50 or more employees is entitled to a leave of absence without pay because of any of the following:

1. A personal illness, injury or medical emergency.

2. The death, illness, injury or medical emergency of an individual described in subsection (2).

3. An urgent matter that concerns an individual described in subsection (2).

Same
(2) Paragraphs 2 and 3 of subsection (1) apply with respect to the following individuals:

1. The employee’s spouse or same-sex partner.

2. A parent, step-parent or foster parent of the employee, the employee’s spouse or the employee’s same-sex partner.

3. A child, step-child or foster child of the employee, the employee’s spouse or the employee’s same-sex partner.

4. A grandparent, step-grandparent, grandchild or step-grandchild of the employee or of the employee’s spouse or same-sex partner.

5. The spouse or same-sex partner of a child of the employee.

6. The employee’s brother or sister.

7. A relative of the employee who is dependent on the employee for care or assistance.

Advising employer
(3) An employee who wishes to take leave under this section shall advise his or her employer that he or she will be doing so.

Same
(4) If the employee must begin the leave before advising the employer, the employee shall advise the employer of the leave as soon as possible after beginning it.

Limit
(5) An employee is entitled to take a total of 10 days’ leave under this section each year.

Leave deemed to be taken in entire days
(6) If an employee takes any part of a day as leave under this section, the employer may deem the employee to have taken one day’s leave on that day for the purposes of subsection (5).

Evidence
(7) 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.

Sections 51, 52, and 53 of the Employment Standards Act say more about Section 50:

General Provisions Concerning Leaves

Rights during leave
51. (1) During any leave under this Part, an employee continues to participate in each type of benefit plan described in subsection (2) that is related to his or her employment unless he or she elects in writing not to do so.

Benefit plans
(2) Subsection (1) applies with respect to pension plans, life insurance plans, accidental death plans, extended health plans, dental plans and any prescribed type of benefit plan.

Employer contributions
(3) During an employee's leave under this Part, the employer shall continue to make the employer's contributions for any plan described in subsection (2) unless the employee gives the employer a written notice that the employee does not intend to pay the employee's contributions, if any.

Length of employment
52. (1) The period of an employee's leave under this Part shall be included in calculating any of the following for the purpose of determining his or her rights under an employment contract:

1.The length of his or her of employment, whether or not it is active employment.

2.The length of the employee's service whether or not that service is active.

3.The employee's seniority.

Exception
(2) The period of an employee's leave shall not be included in determining whether he or she has completed a probationary period under an employment contract.

Reinstatement
53. (1) Upon the conclusion of an employee's leave under this Part, the employer shall reinstate the employee to the position the employee most recently held with the employer, if it still exists, or to a comparable position, if it does not.

Exception
(2) Subsection (1) does not apply if the employment of the employee is ended solely for reasons unrelated to the leave.

Wage rate
(3) The employer shall pay a reinstated employee at a rate that is equal to the greater of,

(a) the rate that the employee most recently earned with the employer; and

(b) the rate that the employee would be earning had he or she worked throughout the leave.

Those wishing to view the entire text of the new Employment Standards Act may do so at http://www.ontla.on.ca/documents/Bills/37_Parliament/Session1/b147ra_e.htm .