For those who are suddenly laid off, and worried about canceling summer/fall vacations that are booked, there is a quirk in our vacation laws that may help. Under the ESA vacation pay and time are separate entities, which could allow workers to take their accrued (banked) vacation pay now, and still take their vacation time later, but unpaid. For example, “John” has a 2-week camping vacation booked for the family in August, and does not want to cancel that plan. Under the ESA, John can take the accrued vacation pay now, and leave the August vacation booked. When August gets Continue Reading »
For those who work during the Time Change Weekend, there is often confusion around whether or not they get paid for the extra hour in the fall, or lose pay in the spring. Technically, the answer is yes to both. The Employment Standards Act requires that employees are paid for all hours worked, so your employees working during the time change “blip” at 2:00 am should be paid for that extra hour. It means they also lose an hour in the Spring. The only exception is if there is a Collective Agreement or other contract provision that the employee has Continue Reading »
Employees who work a lot of overtime or extra hours could earn more vacation pay than is needed to cover their time off. What happens to the “extra” vacation pay? It goes to the employee. Under the Employment Standards Act (ESA), vacation pay is treated the same as an earned wage or overtime pay. It is very important that vacation accrual and use is tracked on an employee’s paystub. An example: Jane works 37.5 “regular” hours plus 3 hours of overtime every week. Let’s assume that Jane uses her 10 days of vacation in July and her accrued vacation pay Continue Reading »
Bill C-86, which brought amendments to the Federal budget also came with a huge number of changes to the Federal Labour Code (the national equivalent of the Employment Standards Act) and the changes come into effect on September 1, 2019. The Federal Labour Code covers workers in the banking, radio & television broadcasting, telecommunications, inter-provincial railways, air transportation (including airlines) and shipping industries. Two very notable changes which I feel are “ground-breaking” and overdue- Traditional Aboriginal Practices leave, which provides “up to 5 days per calendar year to engage in traditional aboriginal practices”; and Breaks for Health Reasons which provides Continue Reading »
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