Benefits like dental plans or drug coverage are a welcome addition to any job. They are not required by law. However, if your employer does offer benefits, the rule against discrimination under the Employment Standards Act, 2000 (ESA) applies.
- What is the rule against discrimination?
- What kinds of benefit plans are affected?
- What kind of discrimination isn't allowed?
- What happens to benefit plans during a leave from work?
- What if I think my employer is not following the ESA?
- Can I see the ESA?
| What is the rule against discrimination? |
 | The ESA prohibits an employer from providing a benefit plan that treats employees or their dependents, beneficiaries or survivors differently because of the employees' age, sex or marital status.
While there are some exceptions to the anti-discrimination rules, they are complex. If you require further information, please contact the Ontario Ministry of Labour.
| What kinds of benefit plans are affected? |
| Generally, the anti-discrimination rule applies to all benefit plans, including:
- pension plans
- life insurance plans
- short-term and long-term disability insurance plans
- health benefit plans (e.g., hospital expenses, drug or dental benefits).
The rule against discrimination applies to both the plan's contribution requirements and to its benefit payments.
| What kind of discrimination isn't allowed? |
| The following distinctions between employees -- or between their dependents, beneficiaries or survivors -- aren't allowed.
Age
An employer can't discriminate between employees on the basis of age, unless the age is under 18 or 65 or more.
Sex
An employer can't discriminate between male and female employees, or against pregnant employees. Also, there can't be a distinction between employees because they are, or aren't, the head of a household or the primary wage earner.
Marital status
An employer can't discriminate between single and married employees, including those who are in common-law relationships, or against unmarried employees supporting dependent children.
| What happens to benefit plans during a leave from work? |
| An employee who is on a leave under the ESA, such as a pregnancy, parental, family medical or personal emergency leave has the right to continue to participate in pension plans, life insurance plans, accidental death plans, extended health plans and dental plans during his or her leave.
Other benefit plans may allow employees who are on a leave other than a leave under the ESA to continue to participate in the plan while they are on leave. In that case, employees on ESA leaves must also be allowed to continue to participate in such plans while they are on leave. (This includes any pregnancy, parental, family medical or personal emergency leave negotiated between an employee (or union) and an employer that is longer than the ESA provides).
| What if I think my employer is not following the ESA? |
| What if I think my employer is not following the ESA?
| Can I see the ESA? |
| Employment Standards Act, 2000
| Resources |
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Government:
Ontario Ministry of Labour
For information about the right to continue to participate in benefit plans during a pregnancy and/or parental leave
Ontario Ministry of Labour
For information about the right to continue to participate in benefit plans during a personal emergency leave
Ontario Ministry of Labour
For information about the right to continue to participate in benefit plans during a family medical leave
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