To clear up what is the minimum legal requirement for an employer—whether fair and decent's another issue—here's the actual wording from the ESA folk's FAQ.fuji said:…edit…As for what is fair--
If we want a minimum standard for everyone then labour negotiations with the City or any other employer is the wrong venue. The right venue is the Ontario provincial election as you are disucssing he Employment Standards Act.
Right now I believe the minimum is five days.
So anything an employee, or group of employees negociates above this bleak floor—all it provides is you won't be fired for being sick, for up to ten days—is theirs not by law, but by contract, just as your package.Are sick leave and bereavement leave covered under the ESA?
Employees who work for employers that regularly employ at least 50 employees are entitled to personal emergency leave in certain situations.
Personal emergency leave is unpaid, job-protected leave of up to 10 days each year. It may be taken in the case of a personal illness, injury or medical emergency, or a death, illness, injury, medical emergency of, or urgent matter relating to, certain relatives. Please refer to Your Guide to the Employment Standards Act “Personal Emergency Leave” for more information.
Family medical leave is unpaid, job-protected leave of up to eight (8) weeks in a 26 week period. Family medical leave may be taken to provide care or support to certain family members and people who consider the employee to be like a family member in respect of whom a qualified health practitioner has issued a certificate stating that he or she has a serious illness with a significant risk of death occurring within a period of 26 weeks. Please refer to Your Guide to the Employment Standards Act “Family Medical Leave” for more information.
Some employers have paid benefit plans for sickness, bereavement and other leaves of absence. These plans aren't required by the ESA.
Must employees produce a doctor's note if asked for one by their employer?
An employer is allowed to ask an employee to provide evidence that he or she is eligible for a personal emergency leave. The employee is required to provide evidence that is reasonable in the circumstances.
If an employee is off sick, can he or she be fired?
If the sick day is a personal emergency leave day under the ESA, the employee cannot be penalized for taking the day off. Personal emergency leave days are job-protected under the Act.
Can employees take time off for doctor's appointments?
An employee whose employer regularly employees 50 or more employees is entitled to 10 personal emergency leave days per year. Personal Emergency leave days can be used to attend a doctor's appointment if the appointment is because of an illness, injury or medical emergency. This leave is job-protected.
So we either deal with what's fair, decent and should be universal in how sick employees are dealt with, or we recognize that the real debate really has nothing to do with sick leave, or any other specific like, "They're paid too much/I'm worth more", and only to do with negociating between employer and employee. The oft repeated claim that strikes are blackmail pretty much nutshells that issue, though it ignore's lockouts and fails to characterize, "That's the final offer, sign or sayonara" as equivalent.
It's a position I can see, but unless for the first time in human history someone advancing it actually comes up with an effective, and fair way to prohibit everyone from joining groups that act to further their interests, I see no way to stop employees from unionizing anymore than I can see how to stop employers from keeping their wages in line with each other. It seems to me the only useful thing is to look for universal standards that permit the same fair actions by any group and that restrict all groups from unfair actions. The current regime's as good as we've managed so far, though I'm sure it could be bettered. No one likes a strike.
So far the most advanced and sophisticated argument I'm hearing is "Fire them and replace them with people worth a lot less (worth being defined by a low offer accepted) because I'd rather pay less taxes". Which can eventually be accomplished, but which advances our community not a bit, and leaves us with trash collection that's worth the little we'll be paying for it. No even tboy really want's his trash 'collected' by trained monkeys. And the last time I hired a monkey trainer he demanded, and got, lotsa dough.
Funny thing is, a for-profit company facing a strike is facing serious bargaining-war (like the Wal*Mart supplier facing pulled contracts unless it gives up the percentage that might bankrupt it) and has real pressure to settle or go under. The city's in no such pickle; it will go on and on, strike or no. Anyone who really thinks the union's outta line should be smugly sitting back and posting tips about neighbourhood daycare and composting and how this isn't hurting them a bit. The more they scream and moan and act desperate for CityPulse cameras, the more they play into the union's hands.