Recent changes to Part III of the Canada Labour Code

January 24, 2020 - The federal government's budget implementation legislation for 2017 and 2018 (Bills C-63 and C-86) included extensive changes to Part III of the Canada Labour Code ("CLC" or "the Code"), which sets out minimum employment standards for employers operating under federal jurisdiction, like Telus and Shaw. As minimum standards legislation, the Code's provisions do not override more favourable arrangements provided for in a collective agreement.

Here are some of the changes currently in effect that are likely to affect our members’ working conditions.

Bereavement Leave CLC, s.210

Every employee is entitled to up to 5 days of bereavement leave for the death of an immediate family member. The leave can be taken during the period that begins on the day on which the death occurs and ends six weeks after the latest of the days on which any funeral, burial or memorial service of that immediate family member occurs, unless extended in writing.

If the employee has at least 3 months service, the employee is entitled to the first 3 days paid. 

Personal Leave CLC, 206.6 

While Bill C-63 would have enacted 3 days of Family Responsibility Leave per calendar year, Bill C-86 subsequently replaced this with 5 days of Personal Leave for employee’s responsibilities related to: 

  • (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; and
  • (f) any other reason prescribed by regulation.

This means that regardless of your tenure job classification you will be entitled to 5 days of Personal Leave. The first 3 days are paid for any employee with at least 3 months service.

Maternity Leave, Parental Leave and Leave Related to Critical Illness CLC, s.466, 467, 469

Eligibility for these forms of leave no longer requires 6 consecutive months of employment. 

Leave for Victims of Family Violence CLC s.206.7

This section grants every employee entitlement to a leave of absence up to 10 days in every calendar year who is either a victim of family violence, or is the parent of a child who is a victim of family violence. The first 5 days are paid if a member has been employed for 3 consecutive months.

Breaks for Medical Reasons or Nursing CLC, 181.1, 181.2, 181.3

Every employee is entitled to and shall be granted unpaid breaks that are necessary for medical reasons or for nursing.

Click here for an exhaustive list of substantive changes to the Canada Labour Code under Bill C-63 and C-86, including amendments to Regulations and “Interpretation, Policies and Guidelines (IPGs)”.

Should you have any questions, please contact your Shop Steward.

In Solidarity,

USW Local 1944

Region