Complying With the Employment Standards Act: Hours of Work, Leaves of Absence, Permits, and More


  • What to do during Ministry investigation
  • Tough penalties that can be imposed
  • How to make the most of changes to the Act with regards to hours of work and overtime
  • The new need for written agreements
  • New rules for holidays and vacations, pregnancy and parental leave, terminations, layoffs, and closures
  • How to administer emergency leave, how it fits with existing policies, and how to detect and deter abuse


Introduction to the Employment Standards Act

  • How the government has positioned the Act
  • What is a reprisal
  • Anti-reprisal restriction and who it protects
  • Ministry of Labour’s power to reinstate and when
  • Tougher penalties
  • What to do when the MOL investigates you

Hours of Work and Overtime

  • 60-hour workweek: does it actually exist and h ow does it work
  • Demise of the permit system and rise of written agreements: how it affects your workplace
  • Do the new rules lead to more flexible scheduling
  • Longer hours: is employee consent necessary
  • How to make the most of the changes
  • Why all employers need to know the new rules

Holidays and Vacations

  • Who qualifies for public holidays
  • Formula for calculating vacation pay
  • Working on public holidays
  • Vacation scheduling: does the employer still decide
  • When can employees take vacation one day at a time
  • Vacation pay: when is it paid and how is it calculated
  • Can employees forego their vacation

Pregnancy and Parental Leave

  • One-year leave provision
  • How changes to Employment Insurance affect your workplace
  • The employee’s right to reinstatement: is it absolute
  • Employer’s rights

Emergency Leave

  • Emergency leave and who is entitled to it
  • Defining an “emergency”
  • Employee’s responsibilities
  • How to detect and deter abuse
  • Harmonizing emergency leave with existing policies
  • Impact on attendance policies and other workplace practices

Terminations, Layoffs, and Closures

  • Notice of termination and severance pay: when to pay and how much
  • When does a reduction in hours become a layoff
  • When does a temporary layoff become permanent
  • Can you lay off salaried employees
  • How recall rights affect termination and severance pay
  • How to time closures to reduce costs

The Union Challenge

  • What unions tell employees about the Act
  • How unions use the Act to assist them in organizing campaigns
  • How to use the Act as an opportunity to reduce your vulnerability to unionization

Book an In-House or Remote Program

For further information on our training, please call your lawyer at the Firm. If you are not a current client, please contact:

Program Administrator
Tel: 416-862-1616 or 1-866-821-7306