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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Did you know that Franchise owners are personally responsible for all financial risk when it comes to their employees because the Franchisee is the Employer of Record, not the corporation? While there is usually an HR Department for corporate staff to turn to, the Store staff generally have nowhere to go except the Ministry of Labour or lawyers. If the Franchisee owes money for unpaid wages or vacation pay for example, the Ministry can seize their home, car, cottage, and other assets to pay obligations to employees. Given the vast number of changes that have happened to all pieces of Continue Reading »
Vacation is not a “use it or lose it” benefit. Like wages, it is a protected benefit under the Employment Standards Act (ESA). The ESA has separate provisions for Vacation Time and Vacation Pay, but neither one can be taken away from an employee once it is earned The only way an employee “loses” vacation TIME is if they quit/resign/are fired from a job and have not used the TIME they have earned. Vacation PAY is earned on all wages including commissions, overtime and public holiday pay. This calculation may result in an employee earning more vacation PAY than is Continue Reading »