Bill 226 2007

An Act to amend the Employment Standards Act, 2000 with respect to military leave

Note: This Act amends the Employment Standards Act, 2000.  For the legislative history of the Act, see Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  The Employment Standards Act, 2000 is amended by adding the following section:

Military Service Leave

Military service leave

   50.2  (1)  In this section,

"year" means a period of 365 consecutive days or, if the period includes February 29, 366 consecutive days.

Entitlement to leave

   (2)  An employee who is at least 18 years of age is entitled to a leave of absence without pay of up to two years to serve in the Canadian Armed Forces if an officer of the Forces issues a certificate stating that the individual has applied or has been required to serve in the Forces.

Beginning of leave

   (3)  The employee may begin a leave under this section no earlier than the first day that the service mentioned in subsection (2) is to begin.

Advising employer

   (4)  An employee who wishes to take leave under this section shall advise his or her employer in writing that the employee will be doing so.

Same

   (5)  If the employee must begin the leave before advising the employer, the employee shall advise the employer of the leave in writing as soon as possible after beginning it.

Copy of certificate

   (6)  If requested by the employer, the employee shall provide the employer with a copy of the certificate mentioned in subsection (2) as soon as possible.

End of leave

   (7)  The employee may not remain on a leave under this section after the day on which the service mentioned in subsection (2) ends.

Commencement

   2.  This Act comes into force on the day it receives Royal Assent.

Short title

   3.  The short title of this Act is the Employment Standards Amendment Act (Military Service Leave), 2007.

EXPLANATORY NOTE

The Bill amends the Employment Standards Act, 2000 to provide that a person is entitled to a leave without pay for a period of up to two years to serve in the Canadian Armed Forces.