TO ALL IAMAW MEMBERS WORKING FOR FEDERALLY REGULATED EMPLOYERS
Recent Changes to the Canada Labour Code
This Bulletin is to highlight a few of the recent changes to Part III of the Canada Labour Code that may be of significance to some of our members in federally regulated workplaces.
Part III of the Canada Labour Code sets out minimum standards. That means that where your collective agreement already provides more favourable benefits, those benefits remain in place and the Code’s provisions do not apply. However, recent changes may give new rights to some of our members working under collective agreement provisions that were put in place before the new rights became law.
Some highlights of the recent amendments are as follows:
Limited right to refuse overtime
The Code now provides for a limited right to refuse overtime to carry out family responsibilities related to the health, education or provision of care to family members. Labour Canada has indicated by way of example that a “family responsibility” relating to education might include attending a parent-child interview at school, but would not include attending a school concert.
The right applies only where the employee has taken reasonable steps to carry out their family responsibility by other means, so as to enable them to work overtime.
There are also some exceptions to this right where the overtime need was unforeseeable and is necessary to avoid a threat to property, life or serious interference with the operation.
Increased Vacation Entitlements
The Code now provides for:
- 2 weeks vacation after 1 year of service
- 3 weeks vacation after 5 years of service
- 4 weeks vacation after 10 years of service
Before these amendments, the minimum vacation time was capped at 3 weeks after 6 years. New Rights to Take Leaves of Absence
Leave for Victims of Family Violence – up to 10 days. For employees with more than 3 months service the first five days are paid.