Human Resources Legislative Update

Regulation Filed for Personal Emergency Leave in Auto Sector

Human Resources Legislative Update

Regulation Filed for Personal Emergency Leave in Auto Sector

Date: November 22, 2016

On November 21, 2016, the Ontario government filed O. Reg. 370/16, amending O. Reg. 502/06 (Terms and Conditions of Employment in Defined Industries – Automobile Manufacturing, Automobile Parts Manufacturing, Automobile Parts Warehousing and Automobile Marshalling) made under the Employment Standards Act, 2000 (ESA).

O. Reg. 370/16 adds section 4, “personal emergency leave,” to O. Reg. 502/06 and modifies the application of section 50 of the ESA to an employee whose employer regularly employs 50 or more employees. Section 4 states that in each calendar year, an employee will be entitled to a total of seven days unpaid leave of absence due to:

  • personal illness, injury or medical emergency
  • illness, injury or medical emergency of a prescribed individual
  • an urgent matter concerning a prescribed individual.

An employee will also be entitled up to three days unpaid leave of absence due to the death of a prescribed individual.

The employer may deem any part day taken under section 4 as a full day and may ask the employee to provide evidence reasonable in the circumstances of entitlement to the leave.

With one exception, O. Reg. 370/16 comes into force January 1, 2017.