This guide is provided for your information and convenience only. It is not a legal document. For complete information, refer to the Employment Standards Act, 2000 and its regulations.
Employers are not required to provide employee benefit plans. However, if an employer does decide to provide them, the rules against discrimination under the ESA must be complied with.
The ESA prohibits discrimination between employees or their dependants, beneficiaries or survivors because of the age, sex or marital status of the employee.
There are some exceptions to the anti-discrimination rules. They are complex. If you require further information, please contact the Employment Standards Information Centre at 1-800-531-5551.
The anti-discrimination rule applies to benefit plans including:
The rule against discrimination applies to both the plan’s contribution requirements and its benefit payments (though as noted, there are some exceptions).
Employees and their dependants, beneficiaries or survivors must not be treated differently because of the employee’s age, sex or marital status.
An employer cannot discriminate because of the age of an employee if the employee is 18 or over but under 65.
An employer cannot discriminate between male and female employees, or against pregnant employees. Also, there cannot be a distinction between employees because they are, or are not, the head of a household or the primary wage earner.
An employer cannot discriminate between single and married (whether same or opposite-sex couples) employees, including those who live in common-law marriages (whether same or opposite-sex couples), or against unmarried employees supporting dependent children.
An employee who is on pregnancy, parental, personal emergency, family caregiver, family medical, critically ill child care, organ donor, or crime-related child death or disappearance leave has the right to continue to participate in pension plans, life insurance plans, accidental death plans, extended health plans and dental plans during his or her leave.
An employee who is on a reservist leave does not have the right to continue to participate in these plans during his or her leave. However, if the employer postpones the employee's reinstatement, the employer is required to pay the employer's share of premiums for certain benefit plans related to his or her employment and allow the employee to participate in such plans for the period during which the return date is postponed.
A female employee may be entitled to disability benefits during that part of the leave during which she would not have been able to work for health reasons related to her pregnancy or childbirth.
Other benefit plans may allow employees on other types of leave that are not provided for in the ESA to continue to participate in the plan while they are on leave. In that case, employees on pregnancy, parental, personal emergency, family caregiver, family medical, critically ill child care, organ donor, reservist, or crime-related child death or disappearance leave are also allowed to continue to participate in such plans while they are on leave (this includes any leave negotiated between an employee or union and an employer that is longer than the ESA provides).
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