Ontario Introduces Working for Workers Bill 6

Changes to be Implemented by Bill 229

Ontario has recently introduced new legislation which seeks to amend leave provisions under the Employment Standards Act, 2000 (“ESA”). For example, the proposed Bill seeks to amend the ESA to provide up to 16 weeks of unpaid leave where there is a placement of a child “into an employee’s custody, care and control for the first time for the purposes of adoption” or where there is an arrival of a child “into an employee’s custody, care or control for the first time where the person who gave birth to the child is a surrogate”. This means that parents in cases of adoption and surrogacy are entitled to unpaid leave under the ESA. This is a significant amendment for parents who rely on adoption and surrogacy, specifically for LGBTQ+ parents.

In addition to the amendments regarding parental leave, Bill 229 also looks to provide employees with the ability to take a leave of absence without pay for up to 27 weeks where the employee is unable to perform their duties as a result of a “serious medical condition” or where a “qualified health practitioner issues a certificate that states the employee has a serious medical condition” and sets out the period during which the employee will not perform their duties due to the serious medical condition. Though human rights legislation already provides that an employer has an obligation to accommodate employee’s serious medical conditions, this addition to the ESA further solidifies this obligation.

Reasons Behind These Changes

During the debates involving Bill 229, members of provincial parliament (MPP) spoke to the purpose of the above amendments to the ESA. MPP Lucille Collard said the following about the amendments: “Schedule 1 implements job protections for those who need to go on leave to care for a new child as a result of an adoption or a surrogacy, or for those who need to take time to deal with a serious medical condition. These are important measures that directly affect mostly women, I would say. They should frankly have been implemented sooner, as far as I’m concerned, because there is nothing more important than taking care of our family; that needs to come first.” She went on to say that “We must empower workers to take care of themselves and their families first, so that when they come to work, they can be focused, efficient and effective on the job. This legislation will help to achieve that.” ¹

The debates demonstrate that these amendments put the welfare of workers first, which will in turn provide a more efficient workforce for employers. Though it is surprising that it has taken this long to include these leaves within the ESA (parental leave in cases of adoption and surrogacy in particular) it is promising that such changes are on the horizon.

Takeaways for Employers

Employers should become aware of the above amendments to the leave provisions of the ESA. Employers should also ensure that they are satisfying their obligations to provide accommodation for employees who are becoming parents as well as employees who are experiencing a serious medical issue.

Takeaways for Employees

Employees should ensure that they are aware of their rights in cases where they are looking to take parental leave, as well as their legal ability to take an extended leave of absence due to a serious medical condition. Where employees experience difficulties from their employer when attempting to take such leaves, they should contact an employment lawyer to assist with navigating these circumstances, and to ensure that their rights are protected.

¹ Hansard Transcript 2024, Dec 04. Legislative Assembly of Ontario.

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