I have been following the public discussion of Family Day and the Toronto Police Service with great interest. There has been some distortion and confusion, both intentional and unintentional, on the part of those participating in these discussions.
Let me be clear about how statutory and paid holidays work at the Toronto Police Service.
The Employment Standards Act (ESA) provides for the number of statutory holidays for employees. Police officers are not subject to the ESA. Civilian members of the Toronto Police Service are covered by the ESA.
Members of Toronto Police Service negotiate a collective agreement that governs their relationship with the Board, their employer. The agreement includes the paid holidays that Service members receive. Our current collective agreement provides a number of benefits that are much better than those required by the ESA. Service members are neither City employees nor are they subject to City directives.
For example, members of the Toronto Police Service receive 12 paid holidays, ten fixed designated holidays and two floater days. The ESA only designates 9 statutory holidays.
As you will see from the following comments by a spokesperson from the Ministry of Labour that appeared in this morning’s Toronto Star, employers that provide in excess of the ESA requirements are not required to provide Family Day.
"Although statutory holidays are legally binding and most businesses are obliged to shut their doors on that day, there are exceptions, said Bruce Skeaff, a spokesman for the Ontario Ministry of Labour.
Let me be clear about how statutory and paid holidays work at the Toronto Police Service.
The Employment Standards Act (ESA) provides for the number of statutory holidays for employees. Police officers are not subject to the ESA. Civilian members of the Toronto Police Service are covered by the ESA.
Members of Toronto Police Service negotiate a collective agreement that governs their relationship with the Board, their employer. The agreement includes the paid holidays that Service members receive. Our current collective agreement provides a number of benefits that are much better than those required by the ESA. Service members are neither City employees nor are they subject to City directives.
For example, members of the Toronto Police Service receive 12 paid holidays, ten fixed designated holidays and two floater days. The ESA only designates 9 statutory holidays.
As you will see from the following comments by a spokesperson from the Ministry of Labour that appeared in this morning’s Toronto Star, employers that provide in excess of the ESA requirements are not required to provide Family Day.
"Although statutory holidays are legally binding and most businesses are obliged to shut their doors on that day, there are exceptions, said Bruce Skeaff, a spokesman for the Ontario Ministry of Labour.
"If you are working in a unionized environment and you're being given 13 days off during the year, then you are getting greater benefit," said Skeaff. "Then under that collective agreement, you don't have to, by law, add on Family Day," he said.
Some larger businesses are working to see if flex days offered to their employees can be used, said Glen Stone, spokesman for the Toronto Board of Trade. But Skeaff says they cannot be applied in this situation.
Others who don't fall under the provincial Act and will be at work Feb. 18 include federal employees and those working in businesses regulated by the federal government such as banks, shipping companies, radio and television stations and airlines."
-Toronto Star, January 3, 2008
What this means is that ESA changes do not automatically apply to all workers. To use a different example, when minimum wage increases, those employees who are already receiving wages that are in excess of the minimum wage are not affected.
