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Questions about Family Caregiver Leave

What exactly does this provision do?

The new provisions in the Fair Workplaces, Better Jobs Act enable an employer to count a part-week of a week as a full week of leave in the same way as for other Part XIV leaves, such as family medical leave. If an employee takes a partial week of family caregiver leave, the employer may deem the partial week to be a full week of leave for the purposes of determining the employee’s remaining entitlement.

How is the new provision different from the existing provisions in the Employment Standards Act, 2000? (ESA)

The new provisions in the Fair Workplaces, Better Jobs Act enable an employer to count a part-week of a week as a full week of leave in the same way as for other Part XIV leaves, such as family medical leave. If an employee takes a partial week of family caregiver leave, the employer may deem the partial week to be a full week of leave for the purposes of determining the employee’s remaining entitlement.

How is the new provision different from the existing provisions in the ESA?

Previously, it was program policy that an employer could count part-weeks of family caregiver leave as a full week. The new provision codifies existing program policy.

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