Latest news with #SomaRay-Ellis
Toronto Star
09-06-2025
- Health
- Toronto Star
I'm about to have my first baby. How much maternity leave must my employer allow me? Ask Soma
Q: I am having my first child soon and I am worried about how much time I will get to stay home from work with my baby. What are my maternity leave entitlements? A: Congratulations! Becoming a first-time parent can be a nerve-racking experience. Here is what you need to know. The Employment Standards Act (ESA) states that pregnant employees in Ontario have a right to take up to 17 weeks of unpaid time off for pregnancy leave. ARTICLE CONTINUES BELOW Additionally, birth mothers who take pregnancy leave are also entitled to up to 61 weeks of unpaid parental leave once the child is born. The ESA also outlines that birth mothers who do not take pregnancy leave and all other new parents (including adoptive) are entitled to up to 63 weeks parental leave. However, in order to qualify for pregnancy or parental leave, an employee must have started employment in Ontario at least 13 weeks before their baby's due date. Business Opinion Soma Ray-Ellis: Is my employer allowed to monitor me in the workplace digitally and by video surveillance? Ask Soma When you're at work, your privacy is limited — your employer can monitor shared spaces and An employee is required to give their employer at least two weeks' written notice before beginning pregnancy leave. They must also provide a certificate from a medical practitioner (which can include a doctor, a midwife, or a nurse practitioner) stating the baby's due date if their employer requests it. While pregnancy and parental leave offered through the ESA are both unpaid, an employee may be entitled to paid benefits through the federal Employment Insurance (EI) program. ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW EI maternity benefits are offered to biological mothers (or surrogates) who cannot work because they are pregnant or have recently given birth. The program provides a maximum of 15 weeks of EI maternity benefits. The 15 weeks can start as early as 12 weeks before the expected date of birth and can end as late as 17 weeks after the date of birth. There are also standard and extended parental leave benefits available through EI. EI legislation states that standard benefits can be paid for a maximum of 35 weeks and must be claimed within a 52-week period after the week the child was born or placed for the purpose of adoption. These benefits are available to any biological, adoptive, or legally recognized parents at a weekly benefit rate of 55% of the claimant's average weekly insurable earnings up to a maximum insurable amount of $65,700. The 35 weeks of standard parental benefits can be shared by two parents. The extended parental benefits are for a maximum of 61 weeks which must be used within a 78-week period (18 months). ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW To be eligible for EI maternity or parental benefits, you must be employed in insurable employment in Canada, your normal weekly earnings are reduced by more than 40%, and you have accumulated at least 600 hours of insurable employment in the 52 weeks before the start of your claim. Business Opinion Soma Ray-Ellis: Show me the money! How will Ontario's new wage transparency law affect me? Ask Soma Starting next year, writes Soma Ray-Ellis, new Ontario pay transparency laws will require every Keep in mind that your job security is legally protected while you are on leave, and an employer cannot penalize an employee for taking pregnancy/parental leave. In fact, the ESA outlines that employees on leave have the right to continue in certain benefit plans and earn seniority. In most cases, employees must be given back their old job at the end of their pregnancy and/or parental leave.
Toronto Star
12-05-2025
- Business
- Toronto Star
An employee wants a paid day off for a religious holiday that I've never heard of. Am I obligated? Ask Soma
Q: An employee recently asked me for a day off for a religious holiday that I've never heard of. Do I have to pay for the day if it's not a statutory holiday? A: The simple answer is that an employer is not obligated to pay an employee for a religious holiday that is not a statutory holiday. However, the Ontario Human Rights Commission (OHRC) states that when an employee requests time off to observe a holy day, the employer has an obligation to accommodate. ARTICLE CONTINUES BELOW In fact, the OHRC guideline notes that the employer should offer the employee options to have the time off without losing wages or using vacation time. Its policy position states that accommodation options could include special/compassionate paid leave, scheduling changes, overtime, use of lieu time, compressed work week arrangements, and if applicable, working on a statutory holiday. Business Opinion Soma Ray-Ellis: I'm in HR, and post-pandemic finding it hard to get employees to dress properly. Can I force a dress code? Ask Soma Employers certainly have the right to enforce a dress code, writes Soma Ray-Ellis, but the rules It is also important to note that an employer is not obligated to accommodate if the request causes what is referred to as undue hardship. The Ontario Human Rights Code considers cost, applicable outside sources of funding, and health and safety requirements when assessing whether accommodation would qualify as such. No other considerations can be taken into account under Ontario law. It is very difficult to meet the standard of undue hardship under Ontario laws, and it is much easier to work co-operatively with the employee. If you want to refuse accommodation you will have to provide figures, facts, and scientific data or opinion to substantiate your claim. ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW The cost of doing that is typically higher than providing the accommodation. Factors such as business inconvenience, employee morale, customer and third-party preferences are not valid points when proving undue hardship. As you are aware, Ontario has nine public holidays: New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, and Boxing Day. Of this list, Good Friday, Christmas, and Boxing Day are the only statutory holidays with religious roots. Business Opinion Soma Ray-Ellis: Show me the money! How will Ontario's new wage transparency law affect me? Ask Soma Starting next year, writes Soma Ray-Ellis, new Ontario pay transparency laws will require every Employers are still expected to accommodate religious holidays that are outside of these three. Collective Agreements also cannot act as a bar to accommodate. It is vital to be tactful and respectful when approached about religious requests. For example, some religions might require daily set time for prayer. The employee can easily make up the time or use their breaks/lunch to practise their faith. ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW Keep in mind that the OHRC outlines that asking for information about an employee's religious beliefs and practices could breach their privacy and dignity. At the same time, employers must have enough information to allow them to meet their duty to accommodate. Therefore, an employee seeking accommodation must inform their employer of the needs associated with their religious practices. Business Opinion Soma Ray-Ellis: I recently resigned but regret it. Is there any way I can get my job back? Ask Soma The law on resignation is quite clear, Soma Ray-Ellis writes. However, as a general rule of thumb, the employer should take requests for accommodation in good faith, unless there is evidence that the request is not genuine. They should also limit requests for information to those reasonably related to establish legal responsibilities, assess needs, limitations or restrictions, and make the accommodation. The goal of accommodation is to provide everyone with a discrimination free workplace.
Toronto Star
28-04-2025
- Business
- Toronto Star
I'm in HR, and post-pandemic finding it hard to get employees to dress properly. Can I force a dress code? Ask Soma
Q: I am an HR manager, and since the return of employees to the workplace after the COVID-19 pandemic, I've been having difficulty getting people to dress in a professional manner. What rights do companies have when it comes to this issue, and what are the pitfalls? A: As you know, remote work options during the pandemic offered employees flexibility when it came to how they presented themselves. ARTICLE CONTINUES BELOW The shift back to in-person work is still an adjustment for many, and there appears to have been a cultural shiftin what is considered acceptable dress at the office. I recently read an article about the 'office siren' look gaining traction in corporate culture, which allows for bold colours and statement jewelry for women, while still maintaining a professional look. Similarly, there is a lot of discussion about male grooming of facial hair, or lack thereof, and the lack of ties. Business Opinion Soma Ray-Ellis: Trump's tariffs have driven me to start a 'Buy Canadian' campaign at work. Will this get me in trouble? Ask Soma Tread carefully when organizing projects not related to work in the office, writes Soma However, employers still have the right to enforce dress code policies. And employees are still required to adhere to them — as long as they are justifiable and do not violate Human Rights legislation. The Ontario Human Rights Commission (OHRC) outlines that dress code rules must be applied fairly. Additionally, the OHRC also has a checklist to help employers ensure that their dress codes are consistent with the Ontario Human Rights Code protections relating to sex and gender. ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW The following points outline what a dress code policy should consist of, according to the government agency: • Allow for a range of dress/uniform options, for all staff in all front-of-house positions. • Not require staff to wear sexualized, revealing or gender-stereotypical clothing. • Make sure that all staff can choose from clothing options, including pants, that are comparable in terms of style, comfort, practicality and coverage, regardless of sex or gender. • Offer uniform sizes that fit a wide range of body types. • Not include grooming or appearance rules or expectations for women that are more onerous than those for men, or that are sexualized or based on stereotypical ideas of female attractiveness. • Allow for a range of hairstyles, and not require a specific hairstyle unless it is a legitimate requirement of the job (e.g. food preparation). ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW • Include processes for handling dress code-related accommodation requests and complaints. If you do not yet have a dress code policy, drafting one would be the first step. You have a right to determine and define what 'professional' means in your work environment. Specify the articles of clothing that are considered not acceptable. For example, T-shirts with logos, denim, lowrise pants, baseball caps, running shoes, miniskirts, tank tops, and flip flops are typical things that are prohibited in most office environments. Business Opinion Soma Ray-Ellis: My boss gave me a lingerie shop gift card for secret Santa leaving me uncomfortable. What can I do? Ask Soma In the post #MeToo world, writes Soma Ray-Ellis, you would hope people in positions of power The policy should also explain the reason for this dress code in clear language. If your company already has a detailed policy, consider sending out a general reminder via email to all employees. However, if you find that specific employees continuously are not following dress code rules, approach them one on one in a private manner. A simple conversation could resolve this matter. It is important to also be open to employee feedback regarding the policy.
