Shorter work week, job

Shorter work week, job-protected leave among workplace changes taking effect soon on P.E.I.

Islanders will also see updated rules on sick notes under new Employment Standards Act

Changes are coming to the act that works to protect both workers and employers on P.E.I.

A new version of the Employment Standards Act will come into force on June 30, replacing legislation that has not had a major review since 2006.

The overhaul follows an independent review panel that returned with more than 100 recommendations. Rather than amending the law piece by piece again, government decided to start over.

“When we received that report with over 110 recommendations, the thought was: let’s create a new act that is modern, easy to follow, and really has clear rules for employers [and] employees,” said Lucas MacArthur, P.E.I.’s Director of Labour and Industrial Relations.

“We want to ensure that when someone picks up this piece of legislation, they’re able to clearly understand their rights and obligations, and this act does that.”

MacArthur said one major change is the introduction of a job-protected medical leave of up to 27 weeks, which will assist people dealing with serious illnesses.

There are also changes to sick notes.

Under the old act, employers could request a sick note after three consecutive days of absence. Under the new act, that threshold moves to five consecutive days, MacArthur said.

The law will also expand who can issue sick notes. Regulated health professionals in the province who are already making diagnoses and providing treatment will now be able to issue sick notes, he said.

That can include professionals such as pharmacists, physiotherapists and chiropractors, Workforce Minister Zack Bell has previously told CBC News.

But there have also been calls from politicians and members of the medical community to eliminate the need for sick notes on P.E.I. altogether.

MacArthur said the new change reflects the independent review panel’s recommendation and that sick notes should be used with restraint.

“We do think it’s a tool that is still used by employers, but I think what we stress is that it should be a tool that’s used sparingly, and in the appropriate circumstances,” he said. “We don’t expect an employer to request a sick note every time an employee is absent.”

The maximum work week is also changing, dropping from 48 hours to 44 hours.

MacArthur said this aligns P.E.I. with many other Canadian jurisdictions and will, in theory, either reduce the work week or give earlier access to overtime starting at 44 hours.

Education first, enforcement if needed

With the new law taking effect soon, MacArthur said the province’s focus is on education and early enforcement, not jumping straight to penalties.

He encouraged employers to review information on the provincial government website and contact Employment Standards with questions.

He said presentations will also be offered to employers over the summer.

“We’re committed to providing education and resources to employers to help navigate these changes,” he said, adding that the goal is to ensure “everyone has a clear picture of what their roles and obligations are.”

The act does include new enforcement tools, such as the ability to issue administrative penalties when an employer refuses to comply. But MacArthur said those will be used “sparingly,” and only when needed.

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MacArthur added that while the law itself sets the framework, regulations under it can be updated over time without having to rewrite the act in the legislature.

“Consultation doesn’t just stop at the proclamation of the act,” he said. “We’re always looking to hear from our stakeholders on how we can improve employment standards in the province.”

Islanders can find more details on the P.E.I. government website, or by contacting the Labour and Industrial Relations division.

Thinh Nguyen is a digital reporter with CBC P.E.I. He can be reached at thinh.duc.nguyen@cbc.ca