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.
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RECENT CHANGES TO THE CANADA LABOUR CODE
December 17, 2019
- Leave for Court or Jury Duty – Employees are entitled to leave to participate as a witness in a
proceeding, act as a juror in a proceeding, or participate in a jury selection process. - Leave for Traditional Aboriginal Practices – This section grants aboriginal employees with at
least 3 months service, a leave of absence of up to 5 days each calendar year to engage in
traditional Aboriginal practices, including hunting, fishing and harvesting. - Personal Leave – Employees are entitled to a minimum of 5 days of leave in a calendar year
for the purpose of: - (a) treating their illness or injury;
- (b) carrying out responsibilities related to the health or care of any of their family members;
- (c) carrying out responsibilities related to the education of any of their family members
who are under 18 years of age; - (d) addressing any urgent matter concerning themselves or their family members;
- (e) attending their citizenship ceremony under the Citizenship Act.
If the employee has at least 3 months service, the first three days of leave are to be paid.
Because the Code sets minimum standards, employees working under collective agreements
that already provide for at least five days of personal leave (including at least 3 days with pay)
will not be entitled to five additional days off. Collective agreement leaves that have already
been taken for reasons covered by the new personal leave provisions will count against the
five leave days, provided that the terms and conditions for taking the leave are at least as
beneficial for the employee as the Code provision.
Documentation of Leaves
For each of the new leaves, employers may make a request in writing that the employee provide
documentation to support the reasons for the leave where this is “reasonably practicable”.
Amended Existing Leave Provisions
- Bereavement Leave of up to 5 days can now be taken at any time starting on the day of death
and ending 6 weeks after any memorial or funeral service. For employees with three months
service, the first 3 days are to be paid. - Medical Leave of up to 17 weeks of unpaid leave includes leaves for organ donation and to
attend medical appointments during working hours.
The waiting period has also been shortened for a number of existing leaves (maternity, parental,
death, disability and critical illness).
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RECENT CHANGES TO THE CANADA LABOUR CODE
December 17, 2019
Right to Request Flexible Work Arrangements
Under the new provisions of the Code, employees with more than six months service can make a
written request for flexible work arrangements.
Employers are entitled to deny such requests where the requested change: i) would result in
additional costs that would be a burden on the employer; (ii) would have a detrimental impact on the
quality or quantity of work within the employer’s industrial establishment, on the ability to meet
customer demand or on any other aspect of performance within that industrial establishment, or
where; (iii) the employer is unable to reorganize work among existing employees or to recruit
additional employees in order to manage the requested change, or (iv) there would be insufficient
work available for the employee if the requested change was granted.
Fred Hospes
President & Directing General Chairperson
Transportation District 140, IAMAW
