Changes to provincial leave entitlements

At a glance

• Various legislative amendments have been made or proposed recently to change leave of absence entitlements.
• Changes to vacation pay have come into effect in Ontario.
• Manitoba and Prince Edward Island are implementing changes to sick leave entitlements.
• New leave entitlements for surrogacy are coming into effect in Quebec. 

Various legislative amendments have been made or proposed recently to change leave of absence entitlements. 

Ontario: Changes to vacation pay requirements for employers

The Working for Workers Four Act, 2024, which was passed on 21 March 2024, amended the Ontario Employment Standards Act, 2000 (ON ESA), placing new responsibilities on employers including with respect to vacation pay. 

Effective 21 June 2024, the vacation pay provisions in the ON ESA are amended to clarify that a written or electronic agreement between an employer and employee is required to permit an employer to pay the employee’s vacation pay on a regular pay period or at another time other than when the employee takes vacation.

Quebec: New leave entitlements in the context of surrogacy

The adoption of Bill 12, An Act to reform family law with regard to filiation and to protect ‎children born as a result of sexual assault and the victims of that assault as well as the rights ‎of surrogates and of children born of a surrogacy project, introduces the same leave to ‎biological and adoptive parents in the context of a surrogacy project. Entitlement is to five days off work, ‎including the first two days paid, upon the birth of a child; five weeks of unpaid paternity leave; 18 ‎weeks of unpaid maternity leave; and up to 65 weeks of unpaid parental leave. ‎

Prince Edward Island: Changes to paid sick leave

The Prince Edward Island Government has announced that employees in Prince Edward Island will be entitled to up to three days of paid sick leave, dependent on their length of service, starting 1 October 2024.

Manitoba: Proposed extension of serious injury or illness leave

The Employment Standards Code Amendment Act proposes to amend The Employment Standards Code by extending the serious injury or illness leave from 17 weeks to 27 weeks.