Yukon Employment Standards Act Government of Yukon Department

Yukon Employment Standards Act Government of Yukon Department of Community Services Employment Standards Box 2703, C-7 Whitehorse, Yukon Y 1 A 2 C 6 Berska Building 307 Black Street (directly across from Whitehorse Elementary) Phone 667 -5944 or toll-free within Yukon 1 (800) 661 -0408 ext. 5944 Or visit us on the web at: www. community. gov. yk. ca/es. html 1

WHAT DOES EMPLOYMENT STANDARDS DO? n n answers inquiries about the Act educates employers & employees about the Act consults with employers and payroll specialists about the application of the Act investigates wage complaints from 3 rd parties & employees 2

THE ACT DEALS WITH TOPICS SUCH AS: n n n minimum wage hours of work, overtime/averaging permits & short work week agreements general holidays n statutory holidays n vacations n payment of wages n n deductions from wages special leave n sick n bereavement n compassionate care n reservist leave n critical illness of a child n Critical illness of an adult n disappearance or death of a child n maternity leave n parental leave n termination of employment 3

THE EMPLOYMENT STANDARDS ACT APPLIES TO ALL EMPLOYEES EMPLOYED IN YUKON Except the following: n n Yukon Government employees Unionized employees • unless collective agreement does not meet the minimum standards Federal jurisdiction under Canada Labour Code such as: • banks • cross border services (railways, pipelines, trucking) • telephone, telegraph and cable systems • radio, and • where the employer is a First Nation entity Sitters 4

SECTION 3: THE PRE-EMINENCE OF THE ACT n n obligation to at least meet minimum standards supersedes n customs n contracts n arrangements …not contingent on whether an agreement exists verbally or in writing; however any greater benefit agreed to is not affected. 5

MINIMUM WAGE n Applies to all ages n Minimum wage rate: n April 1, 2019 = $12. 71 per hour 6

SOME BASIC CONCEPTS USED TO CALCULATE WAGES EARNED n n n A week is defined in the Act as a period of seven consecutive days established by the employer’s payroll records or by an Employment Standards Officer A day covers the 24 hour period after the start of work Standard hours of work are defined in the Act as: n eight (8) in a day, and n forty (40) in a week 7

EATING PERIODS n n n ½ hour unpaid eating break Paid only if you are required to work through the eating period at the call of the employer Shifts 10 hours or less: Can’t work longer than 5 consecutive hours without an eating period. Shifts 10 hours or more: Can’t work longer than 6 consecutive hours without an eating period. No other breaks are mandatory i. e. coffee breaks 8

OVERTIME n n n overtime wages payable at one & one-half (1. 5) times the employee’s regular rate* payable for all hours worked in excess of the standard hours of work *Regular Rate is commonly referred to as “straight time” all overtime hours are paid out during the pay period in which they were earned 9

TIME OFF IN LIEU OF OVERTIME ANY AGREEMENT FOR TIME OFF IN LIEU OF OVERTIME MUST BE IN WRITING AND MUST INCLUDE AT LEAST THE FOLLOWING CONDITIONS: n n the employee shall accumulate one and one-half hour off for each overtime hour worked time off is to be paid at the employee’s regular rate of pay when the overtime was earned, regardless of when it is taken any unused accumulated time shall be paid out at the end of the 12 month period stated in the agreement or, if no period is stated, within a calendar year the agreement cannot be amended or terminated without at least one month’s written notice to the other party to the agreement 10

OVERTIME EXAMPLE #1 11

OVERTIME EXAMPLE #1 Rate: $12. 71 per hour Regular: 38 x $12. 71 = $482. 98 Overtime: 2 x $19. 07 = $38. 14 Total 40 hrs $521. 12 12

OVERTIME EXAMPLE #2 13

OVERTIME EXAMPLE #2 Rate: $12. 71 per hour Regular: 40 x $12. 71 = $508. 40 Overtime: 19 x $19. 07 = $362. 33 Total 59 hrs $870. 73 14

AVERAGING HOURS The weekly standard hours of work (40) can be averaged over two or more weeks: n n Short Work Week Agreement can be applied in a workplace by way of a written agreement between the employer and an employee or a majority of employees If daily hours exceed 12 hours they incur overtime pay Averaging over a period longer than two weeks requires a permit issued by the Director of Employment Standards If total hours worked in the averaging period exceed hours specified in the permit, the employee incurs overtime pay Averaging is NOT a way to eliminate overtime – but a means for employers/employees to have flexibility. 15

EXEMPTIONS FROM OVERTIME The following persons are exempt from overtime but must still be paid at least minimum wage for all hours worked: n n n an employee who is a member of the employer’s family as defined in the Act a traveling salesperson an individual whose duties are primarily supervisory or managerial a guide or outfitter a person conducting activities in mineral exploration eg. Geological, geophysical, or surveying a watchman or caretaker unless the employer is a private security agency n a farm worker n a domestic 16

Are you truly a Manager/Supervisor? If a question arises as to whether an employee is a supervisor/manager and therefore excluded from Part 2, we would first determine the employee’s actual status and second, the length of time the employee spends on managerial duties. Test for Supervisor/Manager Status Does the employee have the authority to: 1. supervise and/or discipline other employees 2. hire and/or fire other personnel, 3. expend funds on behalf of the employer and to what extent, 4. Make decisions as to when & where the work is to be done and by whom, and/or 5. participate in policy or management planning? Not all supervisory or managerial positions will fit neatly into the test criteria. The degree of authority granted to an employee may vary depending on the size of the business or operation. 17

VACATIONS & VACATION PAY n n must be employed at least 14 days to be entitled to vacation pay employees are entitled to 2 weeks of vacation after 12 months of continuous employment 4% of gross wages must be paid at least once in every 12 month period all outstanding vacation pay is payable on termination 18

GENERAL HOLIDAYS n New Year’s Day n Good Friday n Victoria Day n National Aboriginal Day n Canada Day n Discovery Day n Labour Day n Thanksgiving Day n Remembrance Day n Christmas Day 19

GENERAL HOLIDAY PAY ENTITLEMENT If an employee works on the general holiday, they qualify for general holiday pay. If an employee does not work on the general holiday, the following conditions apply: be employed for 30 calendar days prior to the general holiday work the last scheduled day before and the first scheduled day after the holiday (unless they’re absent with the employer’s permission or the absence is permitted under the Act) come to work on the holiday if requested 20

CALCULATING GENERAL HOLIDAY PAY Example #1: employee does not work on the holiday n n a normal day’s pay for employees who always work standard hours; or an employee who works less than the standard hours of work or who works irregular hours shall be paid at least the equivalent of 10% of the employee’s wages for the hours worked in the two week period prior to the week in which the general holiday falls. 21

CALCULATING GENERAL HOLIDAY PAY Example #2: employee works on the holiday Option A n employee is entitled to be paid overtime for all hours worked on the holiday plus general holiday pay Option B n employee is entitled to be paid general holiday plus employee can be given a day off in the future and be paid straight time for all hours worked on the holiday 22

RULES ASSOCIATED WITH GENERAL HOLIDAYS n n Any week which contains a general holiday must have the standard hours reduced to 32 from 40. Therefore, all hours worked after 8 in a day and 32 in the week would be paid at the overtime rate. If a general holiday occurs during an employee’s annual vacation, the vacation period is extended one day for each general holiday and the employee shall be paid general holiday pay. 23

GENERAL HOLIDAY PAY OVERTIME EXAMPLE #1 24

GENERAL HOLIDAY PAY OVERTIME EXAMPLES Example #1 Rate: $12. 71/hr. Regular: 32 x 12. 71 = 406. 72 Overtime: 8 x 19. 07 = 152. 56 GHP: 8 x 12. 71 = Total 48 101. 68 $660. 96 25

GENERAL HOLIDAY PAY OVERTIME EXAMPLE #2 26

GENERAL HOLIDAY PAY OVERTIME EXAMPLES Example #2 Rate: $12. 71/hr. Regular: 32 x 12. 71 = 406. 72 Overtime: 16 x 19. 07 = 305. 12 GHP: 8 x 12. 71 = Total 56 101. 68 $813. 52 27

GENERAL HOLIDAY PAY 10% EXAMPLE 28

GENERAL HOLIDAY PAY CALCULATIONS 10% Example Rate: Regular: $12. 71 per hour 20 x 12. 71= $254. 20 Overtime: 8 x 19. 07 = $152. 56 GHP: (53 x 12. 71 =673. 63) x 10% = $ 67. 36 Total $474. 12 29

TERMINATION OF EMPLOYMENT Basic rules regarding termination n n applies to employees who have been continuously employed for six months or longer Some employees or employment situations are exempt from the termination provisions. For example: n seasonal employees who work less than six months per year, n employees in the construction industry, n an employee discharged for just cause. Both employers and employees are required to give notice in writing 30

NOTICE OF TERMINATION: QUITTING n n n employee must give written notice to employer if proper notice is not provided, employer may withhold wages with the employee’s permission if permission is not granted, money must be sent to Employment Standards and an investigation commences n n one week if employee worked more than 6 months and less than 2 years two weeks if employee worked more than two 2 but less than 4 three weeks if employee worked more than 4 years but less than 6 four weeks if employee worked more than 6 years 31

TERMINATION OF EMPLOYMENT: DISMISSAL n n n If an employer does not have just cause to dismiss an employee, then the employer must give written notice. The amount of notice required depends on the employee’s length of employment If the employer does not provide the proper notice, the employee must be given pay in lieu of notice n n n n one week to an employee who has worked less than 1 year two weeks to an employee who has worked 1 year or more but less than 3 three weeks for more than 3 years but less than 4 four weeks for more than 4 years but less than 5 five weeks for more than 5 years but less than 6 six weeks for more than 6 years but less than 7 seven weeks for more than 7 years but less than 8 eight weeks for more than 8 years 32

PAYMENT OF WAGES EMPLOYEES MUST BE PAID: n within 10 days of the end of a pay period n within 7 days of termination n a pay period can not exceed 16 consecutive calendar days employers must issue a wage statement (pay stub) at least once a month employers must notify an employee of a wage reduction at least one pay period in advance, and cannot do so retroactively 33

DEDUCTIONS FROM WAGES THE ONLY DEDUCTIONS PERMITTED ARE: n statutory deductions (Income Tax, EI, CPP) ALL DEDUCTIONS, EXCEPT THOSE REQUIRED BY STATUTE, MUST BE AUTHORIZED IN WRITING BY THE EMPLOYEE n Charitable donations if people choose n amounts needed to meet credit obligations 34

ABC Inc. 123 First Street Whitehorse, YT Y 1 A 1 V 1 Non-Negotiable Jane Doe P. O. Box 123 Whitehorse, YT Y 1 A 2 V 2 Pay Date: August 23, 2019 Net Pay: $1, 183. 84 Hours and Earnings Description Rate Hours Earnings YTD Regular Vacation $12. 71 4% 100 1, 271. 00 50. 84 10, 000. 00 450. 00 Gross Pay 1, 321. 84 10, 450. 00 Deductions Description CPP EI Damage Current 30. 00 8. 00 100. 00 YTD 200. 00 80. 00 100. 00 Withheld 138. 00 380. 00 Net Pay 1, 183. 84 10, 070. 00 35

EQUAL PAY ALL EMPLOYEES DOING SIMILAR WORK IN THE SAME WORKPLACE MUST BE PAID THE SAME WAGE RATE UNLESS THE DIFFERENCE IS DUE TO: n n n seniority system or merit system earnings measured by quality or quantity differential based on any factor other than gender 36

EMPLOYER RECORDS must be kept and maintained at the employer’s place of business in Yukon for 12 months and must include: n n n n employee’s name & address number of hours worked by the employee in each day & week the employee’s wages gross earnings & deductions time off with pay in lieu of overtime accumulated and taken by the employee in each week any leave of absence taken by the employee, and the conditions of employment of the employee AN EMPLOYER CANNOT CHANGE TIME RECORDS COMPLETED BY AN EMPLOYEE WITHOUT NOTIFYING THE EMPLOYEE 37

REPORTING PAY n n n two hours minimum payable whenever the employee reports for work at the call of the employer or at the employee’s regular shift payable at employee’s regular rate of pay or an employee’s overtime rate for hours worked in excess of standard hours EXCEPTIONS: n n n conditions beyond employer’s control employer made reasonable attempts to contact employee unfit to perform duties employer attempted to inform employee of shift cancellation where exemption granted by Director 38

SPECIAL LEAVE SICK LEAVE All sick leave is unpaid n n An employee earns one day of leave per month up to a maximum of 12 days An employer retains the right to ask for a medical certificate 39

SPECIAL LEAVE BEREAVEMENT LEAVE n n n If a member of an employee’s immediate family dies, the employee is entitled to seven days of upaid leave If an employee is designated by the family of a deceased member of a First Nation as the person responsible for organizing the funeral potlatch, the employee is entitled to seven days of unpaid leave There is no minimum amount of time an employee must be employed to qualify for the leave 40

SPECIAL LEAVE COMPASSIONATE CARE LEAVE n n Allows employees up to 28 weeks of job protection to provide care or support to a family member with a serious medical condition and a significant risk of death within a specified 26 week period. There is no length of service required to qualify for this leave, but a medical certificate is necessary before the leave is taken. The employer must be provided with a copy of the medical certificate on request. 41

SPECIAL LEAVE RESERVIST LEAVE n n This leave provides job protection to Reservists deployed for overseas missions, including pre and post-deployment duties related to the operation, to both Reservists and Rangers deployed for domestic emergencies and for up to 15 days of annual training. An employee must complete six consecutive months of continuous employment with their employer in order to be entitled to this leave. Employees taking this leave must be reinstated in their former positions or a comparable position in the same location and with the same wages and benefits. The employer may not dismiss or discipline the employee for taking this leave and must take the leave into account in any decision to promote or train the employee. The employer would not be required to make contributions to the employee's pension or benefits plans during the leave period. 42

MATERNITY LEAVE n n n An employee who has completed 12 continuous months of employment is entitled to 17 weeks of unpaid maternity leave An employee must provide a medical certificate stating expected date of birth An employee is entitled to return to her job and receive all benefits she would have accrued had she not taken the leave 43

PARENTAL LEAVE n n n An employee who has completed 12 months of continuous employment is entitled to an unpaid parental leave If only one employee takes the leave, the employee may take up to 63 weeks. If more than one employee takes the leave, they may take up to 71 weeks combined. The leave must be completed no later than 78 weeks after the birth or adoption of the child. If an employee intends to take both maternity and parental leave, the leaves must be continuous unless the employee and their employer agree or there is an agreement that states otherwise. Two or more employees may take parental leave at the same time if the employee who is first on parental leave is not able to care for the child because of injury, illness, death, or other hardship in the family. 44

SPECIAL LEAVE Leave related to critical illness of a child n An employee who has completed six months of continuous employment and is the parent of the critically ill child is entitled to a leave of absence without pay for up to 37 weeks. Leave related to critical illness of an adult § An employee who has completed six months of continuous employment and who is a family member of a critically ill adult is entitled to a leave without pay for up to 17 weeks. Leave related to the disappearance or death of a child n An employee who has completed six months of continuous employment is entitled to leave without pay for a maximum period of up to 104 weeks if the employee is the parent of the child who has died or up to 52 weeks if the child has disappeared as a result of a crime. 45

Questions? 46