Legal Feeds
Canadian Lawyer

Editorial: Legislating leaves?

The interesting facet of labour and employment law is how it impacts all of us in our daily lives.

Editorial: Legislating leaves?
Editorial Obiter: Gabrielle Giroday
While some areas of law are not likely to have direct spinoff effects on our day-to-day existence, changes to legislation in this area can have a wide-ranging ripple effect on employers and workers alike.  

This week, writer Michael McKiernan notes in a piece on paid leaves for victims of domestic and sexual violence that, before 2001, Ontario had just two types of job-protected leaves, related to pregnancy and parental leave.

That number has now reached 10 types of job-protected (but unpaid) leaves, including those for crime-related child death and for organ donors.

One lawyer has speculated that this might be an issue of provinces copying what other jurisdictions have underway.

“I’m not sure if there’s a survey going on, but a lot of the leaves are similar to ones in other provinces.
“Once a province passes one, and it seems to be working, others pick them up, and the wording in the legislation is often almost identical,” says Megan Beal, a lawyer with Filion Wakely Thorup Angeletti LLP.

“They’re not just falling out of the sky, although Ontario does seem to have more than most.”

The rapid growth of leaves available to Ontarians — even on extremely legitimate grounds — is a subject worthy of scrutiny. On one hand, I think it is admirable to protect rights of vulnerable people not fit to attend work.

However, the hard part may be for lawyers and other members of the public to track how widely these new provisions are actually used.

Add comment

  • Access to Justice
    Access to Justice The Action Group on Access to Justice (TAG) strives to inform the public on the importance of the people having access to legal resources and…
  • Legal Aid lawyers rally for collective bargaining rights
    Legal Aid lawyers rally for collective bargaining rights Legal Aid Ontario lawyers held three protests in July to push the provincial government to support their attempts to unionize. The lawyers have been in…
  • Jane-Finch community gets employment law help
    Jane-Finch community gets employment law help Osgoode Hall Law School's Community Legal Aid Services Programme recently opened an employment law division for Toronto's Jane-Finch community.Phanath Im, review counsel for the division,…
More Law Times TV...

Law Times poll

A recent Court of Appeal decision acknowledged a ‘new reality’ of civil litigation in which courts are seeing a significant number of self-represented litigants. Are courts are doing a good job of addressing the needs of self-represented litigants?
Yes, judges are doing a good job of ensuring trial fairness.
No, courts have only just begun to consider the many issues surrounding self-represented litigants.