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The Three Hour Rule

black and white image of an analogue clock faceThis week we bring you another in our Bill 148 client questions series. Today we will tackle the three hour rule. This change comes into effect on January 1, 2019, in the category of Employment Standards Act scheduling changes.

Q: Does the three hour rule apply to salaried employees?

A: It’s easy to see how to calculate three hours of pay for an employee who is paid by the hour. This client question asks if salaried employees are entitled to the three hours of pay. They are! Our answer to this question will also address how to calculate the entitlement when a worker is paid a salary.

The three hour rule, which again does not come into force until January 1, 2019, reads:

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Personal Emergency Leave

Amongst the many changes to the Employment Standards Act introduced by Bill 148 is the expansion of Personal Emergency Leave. Previously only available to employees in workplaces with 50 or more employees, this 10 day leave is now available to everyone. The first two days of leave are paid. Effectively this amounts to two days of paid sick, caregiver or bereavement leave per year for all employees. Entitlement to Personal Emergency Leave Personal emergency leave…

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Sweeping Changes: Bill 148 Now Law in Ontario

Brace yourself, Ontario.  Today Bill 148 passed Third Reading and the Ontario Legislature passed the bill into law.  Most of the changes will come into force on January 1, 2018, while a small handful of the amended ESA sections may possibly come into force as early as December 3, 2017 (leave of absence related provisions).  Provisions related to equal pay come into force on April 1, 2018. As an aside, it also appears that the high heels OHSA amendment I blogged about this…

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Parental Obligations in the Workplace

For many of us who are parents, September feels like the real New Year.  Workplace issues can arise with respect to shifting childcare obligations, as kids transition from summer schedules to school schedules. Employers may be met with requests to accommodate worker childcare obligations or requests for time off and should be prepared with respect to how to handle these issues both practically and legally. I’ve blogged about family status accommodation in the past –…

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