Law Times

May 17, 2010

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Law Times • may 17, 2010 An online resource 1.800.263.3269 Focus On RUNNING YOUR PRACTICE EI for self-employed a work in progress But questions remain over fate of law society's parental-leave program BY JUDY VAN RHIJN For Law Times S elf-employed lawyers can look forward to Jan. 1, 2011, when the federal government will begin pay- ments under amendments to the Employment Insurance Act dealing with parental, sick, and compassionate-care leave. By combining these benefi ts with other special programs for sole and small-fi rm practitioners, lawyers will have more fi nan- cial security. Th e provisions in the revised legislation mirror the language for existing benefi ts so that, like salaried employees, self- employed people will receive a maximum of 15 weeks of maternity benefi ts, which can begin eight weeks prior to the due date. Th irty-fi ve weeks of parental or adoption leave are available, along with fi fteen weeks of sickness benefi ts and a maximum of six weeks for compassionate care. As with salaried employees, self-em- ployed applicants will receive 55 per cent of their average in- sured earnings. David Deluzio, a labour and employment lawyer based in Windsor, Ont., applauds the benefi t change. "I'm sure there's a need for it," he says. "From my own personal ex- perience as a sole practitioner, taking time off has always been a real problem. Even in larger fi rms, whether you're looking at the law fi rm or the lawyer- employee, it's a problem. It's the nature of legal practice and maybe of other professions. Th e relationship is very per- sonal and long-term." Th e legislation includes a defi nition of a self-employed person as an individual en- gaged in a business or someone who is employed by a corpo- ration in which that person controls more than 40 per cent of the voting shares. A busi- ness is defi ned as "a profession, calling, trade, manufacture or undertaking of any kind" that doesn't include an offi ce or em- ployment. To be eligible for benefi ts, the self-employed person must have earned a minimum of $6,000 in income from self-em- ployment in the previous calen- dar year. People can voluntarily opt into the program and also opt out at the end of the year if they haven't made a claim. Once they've received benefi ts, they must continue to pay. Th e program starts in January, but applicants must pay premiums for a year, at the same rate as salaried employees, before they can make a claim. Until then, lawyers don't have the same rights as the average worker to things like paternity and mater- nity leave. "We are like the shoe- maker who has no shoes," says Deluzio. "We defend the rights of other people but have none ourselves. When women want to have a family, they have to re- think their whole legal career. Many purposefully fi nd employment in a gov- ernment department or a corporation so they can get the maternity benefi ts. It's unnatural as compared to the population as a whole to have to do that." In the past, the cost of being away for nine months made taking leave prohibitive for many, but as more women become lawyers, everyone has had to adjust. "Th e legal pro- fession has learned to adapt slowly to the needs of young lawyers in their 20s, 30s, and 40s who have young families," Deluzio notes. Th e wish to see more female Th e parental-leave as- sistance program is a ben- efi t of membership in the law society, whereas the government scheme re- quires lawyers to pay EI premiums. "Th e issue for some- one with the option to take the new benefi ts from the federal government is whether to commit for the long term," Conway says. "It's in for a penny, in for a pound. Th ey will be paying for the rest of their career. If a lawyer is at a relatively young stage of his or her career, that's a big commitment." is trying to understand the requirements Conway says the LSUC better 'Right now the focus is how to make flex- time operate on a basis that makes finan- cial sense to firms,' says Tom Conway. so eligibility is based on the requirement that applicants are not entitled to parental- leave benefi ts from any other source." so Convocation can make a decision on whether to tweak its program or change it completely. Also under review is the law society's locum registry that's meant to complement the parental-leave assistance program. Conway admits that venture has proved challenging. "Th ere is a list of about 60 peo- ple who are interested in taking over someone's practice in the short term, but that interest has not been reciprocated by people who are taking time off . Intuitively, I'd say the reason is that it's hard to leave your prac- tice in the hands of a stranger. People fi nd more informal ways of doing that — using other people in the fi rm or the community or just not taking time off at all. Th e law society is in the process of retooling and rebranding the registry in terms of a resource to access a contract lawyer." Another family-friendly is- sue under scrutiny as part of the Justicia project is the con- cept of fl exible time. "Th ere have been a series of managing partner summits in and outside Toronto that bring together the leadership of the participating law fi rms to talk about policies and big is- sues," Conway tells Law Times. "Right now the focus is how to make fl ex-time operate on a basis that makes fi nancial sense to fi rms." LT PAGE 9 Canadian Employment Law lawyers remain in private prac- tice has spawned a number of programs at the Law Society of Upper Canada in recent years, particularly in light of recom- mendations from the report on retaining women in private practice. In 2009, it kicked off the assistance parental-leave pro- gram, which provides $750 per week for 12 weeks. LSUC Bencher Tom Conway says the project has been getting good feedback as young associates at a number of smaller fi rms take advantage of it. Th e pilot project was meant to continue for three years, but it's uncertain whether it will once the employment insur- ance amendments come into eff ect. Conway notes the feder- al government announced the change without warning. "Th e law society is consid- ering the long-term impact of Bill C-56 on the parental-leave assistance program," he says. "It was based on the assump- tion that there was no access to a benefi t program for sole practitioners or self-employed lawyers. Th at was the premise, Cited by the Supreme Court of Canada Canadian Bar Review More than 5,600 cases cited! Also available on CD-ROM or the Internet! Canadian Employment Law is a one-stop reference that provides a thorough survey of the law and analysis of developing trends, suggesting potential avenues of attack as well as identifying potential weaknesses in the law. It has been cited by the Supreme Court of Canada, in superior courts in every province in Canada and is used in law schools throughout Canada. ORDER your copy today Looseleaf & binders (2) • $310 Releases invoiced separately (3-4/yr) P/C 0439030000 Vol. 1 ISBN 0-88804-218-3 Vol. 2 ISBN 0-88804-362-7 CD-ROM or Internet version available separately Prices start at $442 With methodically organized chapters covering the complete range of employment law, Canadian Employment Law provides the kind of detailed examination of the facts you can count on. The subject- matter is wide-ranging and addresses issues such as: wrongful dismissal, fiduciary obligations, tort law and vicarious liability issues, remedies, constitutional issues, occupational health and safety, employment contracts, duty of good faith and fidelity and human rights. LT0110 LT0301 For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book is a Division of The Cartwright Group Ltd Prices subject to change without notice, to applicable taxes and shipping & handling. www.lawtimesnews.com Stacey Reginald Ball "The most comprehensive text on employment law in Canada. It is carefully constructed and accurate."

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