Home Forums Answer for Organizational Policy Update Inquire

vickyp
Keymaster
Post count: 2894

Not sure my response went thru, so I’m resending it:
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Normally, I would say that applying a leave-related policy change like this to an employee AFTER he/she’s started leave in accordance with the original policy is highly problematic and a potential breach of contract. However, requiring employees to continue participating in benefit plans during leave (and continuing to make employer contributions on his/her behalf) is not only permitted but mandated under the Ontario ESA (Section 51(1)) unless the employee elects in writing not to do so. Accordingly, the rule would apply regardless of what your leave policy says or doesn’t say.
I’m going to run this past our payroll expert for a second, more informed opinion but I personally think you’re OK. However, I would suggest vetting your leave policies to ensure they’re in line with ESA requirements. To be continued. . . Glenn