Job protection for reservists similar to maternity leave

By Carly Foster, Employee Benefits Canada
December 10, 2007

Ontario reservists in the Canadian Forces now have job protection similar to maternity leave.

The Fairness for Military Families Act allows an employee who is a reservist, and who worked for their civilian employer for at least six consecutive months, to take a leave without pay if he or she is deployed to a Canadian Forces operation outside the country or to an operation inside Canada that provides assistance in dealing with an emergency.

Upon completion of the leave, employers are required to reinstate the reservists to their same position if it still exists, or to a comparable position if it does not. The reservist leave provisions apply to all employers covered by the Employment Standards Act, 2000, regardless of size.

Prior to the introduction of the Act, military reservists working as civilians in Ontario did not enjoy any special legislative job protection, and therefore did not have a guaranteed job upon completion of their deployments, unless one had been negotiated contractually.

Reservists are to provide reasonable notice to their employers, in writing, before beginning and ending the leave. Employers are not required to contribute to any benefit plans during the leave period. However, if the employer chooses to postpone the reservist’s return date, the employer would be required to make the benefit plan contributions and the employee could participate in such plans for the postponement period.

The bill also eliminates the 90-day waiting period for provincial health coverage originally applied to military families transferred to Ontario.

Ontario now joins Manitoba, Saskatchewan and Nova Scotia in protecting reservists’ jobs.