Further, employees will be entitled to holiday pay even when the holiday falls on a day they are not normally scheduled to work. Calculating holiday pay will be slightly changed and treatment of outstanding holiday entitlements on termination will be addressed Breaks of employment of less than 90 days will be deemed to be a period of continuous employment for the purpose of calculating minimum vacation entitlements. Employees will also be able to take vacation in half day periods. The probationary period is changed from 3 months to 90 days. Breaks of employment of less than 90 days will be deemed to be a period of continuous employment for the purpose of calculating length of service for the purpose of termination pay or notice. If an employee’s wages vary from one pay period to another, termination pay will be calculated by averaging the employee’s wages during the previous 13 weeks instead of the previous 3 months. Employers will be better positioned to pay out employees upon employees providing notice of their intention to resign. Employers will be able to pay out an employee tendering their resignation by providing the employee with wages the employee would have earned if the employee had worked until the earlier of the end of the termination notice period the employee provided or the end of the termination notice period that the employer would have been required to give the employee. Currently, where an employee provides more notice than required and an employer wants to pay out the employee, the employer must provide pay in lieu to the end of the termination notice period that the employer would have been required to give the employee. The proposed amendments to the group termination provisions are significant are far more onerous on employers.
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