I’m Kate Dewhirst.

I’m a lawyer who writes about legal issues affecting healthcare in Canada

Kate Dewhirst Health Law - bringing the law to life. Meet Kate (in 13 seconds)

It’s time to review your Leaves of Absence policies AGAIN Guest Blogger: Maria McDonald

Posted by

This blog was written by Maria McDonald from McDonald HR Law

Bill 47 became law on November 21, 2018. It becomes effective on January 1, 2019.

Bill 47 replaces or revises many of the changes to the Employment Standards Act, 2000 (ESA) introduced last year by Bill 148. For all summary of all the changes read here.

The major change is with respect to the Personal Leave Emergency Leave (PEL) Days. The 10 PEL Days (2 of which had to be paid) introduced in January 1, 2018 are gone effective January 1, 2019.

The 10 PEL days will be replaced by a) 3 days of sick leave, b) 3 days of family responsibility leave, and c) 2 days of bereavement leave. All three new leaves are unpaid.

Another major change is employers can ask for a doctor’s note to substantiate absences due to illness (sick leave or family responsibility leave). Employer were prohibited from asking for doctors’ notes under the former PEL days provision of the ESA.

Action: Most of you changed your Leaves of Absence policies in 2018 to incorporate the 10 PEL days.  You must review your policy again to ensure it meets the requirements of the new ESA leave provisions. You also want your policy to reflect the enhancements for employers in Bill 47; such as the ability to ask for a doctor’s note and the 2-week eligibility period before taking advantage of these leaves (vs. immediate eligibility under the former Bill 148).

There are other changes brought in by Bill 47 which you should know about. See my companion blog post Bill 47: Summary of Changes

Maria McDonald is a guest blogger. She can be reached at maria@mcdonaldhrlaw.com 


If you enjoyed this article please share it:


Previous and next posts from Kate:

Some of Kate’s recent and upcoming events

Team Privacy Training Events
February 12, 19, 26, 27, Mar 2, 9, 11, 24, 27

For Primary Care clinics, Hospitals, Community Agencies and Children’s Aid

Kate trains health professionals from many more health care organizations how being privacy-respectful can improve therapeutic relationships. More details...

Speaking event March 25, 2020

Osgoode Professional Development – Health Law Certificate

Kate joins the faculty for this training event. More details...

Primary care webinars: Employment Law Update & Legal Issues for EDs and Board members

Part of Kate’s monthly webinar series.

Our March webinar is on questions to ask your insurer and the April program is on changes to pregnant employees' positions.
Full details of the 2020 webinar series and registration here.

Health Privacy Officer training
April 28, 2020

For Privacy Officers within healthcare organisations.

This course focuses on how to become a more confident privacy officer and gives you the tools to document your privacy program. Full details and registration here...

Osgoode Health Privacy training
January 20 & 27 and February 3,10 & 18, 2020

Kate is the program chair for the Osgoode Certificate in Privacy in Healthcare.

This program explores the range of privacy interests that must be protected in the day-to-day treatment of patients, the development of information systems and the creation of institutional policies. More details...

Free healthcare privacy webinar - ask me anything!
March 4 (cancelled) but back April 1

Free webinars - advance registration needed

Whether you're an experienced privacy officer or new in the field, pick Kate’s brain for free for an hour, in this live webinar. No charge, but you’ll need to register in advance.

Kate Dewhirst Health Law

Kate says:

My mission is bringing the law to life. I make legal theory understandable, accessible and fun! I’m available and love to work for all organizations in the healthcare sector across Ontario and beyond.

Subscribe to my mailing list and keep up to date with news:

Latest Tweets

RT @riffcord: It's Family Day here in snowy Ontario. Wherever you are, use today to embrace the kites and anchors in your life. What are…

about 11 hours ago

Health Privacy Update: New class action certified in Ontario after privacy breach at a hospital… https://t.co/7KeAgBsoCi

about 20 hours ago

It’s not enough for health care organizations to respect patient privacy rights. I believe we have an obligation to… https://t.co/F19EYz0Uno

01:01 PM Feb 16th

contact details

901 King Street West Suite 400 East Tower
Toronto Ontario M5V 3H5

(416) 855 9557

.