HR Home › Forums › Community › Contract for Term Employee

Viewing 2 posts - 1 through 2 (of 2 total)
  • Author
    Posts
  • vickyp
    Keymaster
    August 22, 2023 at 12:19 am
    Post count: 4922
    #80871
    Forum: Community

    Hi there,
    Now that the laws have changed regarding the length of time someone can take maternity/parental leave, do you have any recommendations on whether you can include a clause in a term employees contract that states you can terminate the employment relationship if the employee comes back from leave early?

    As an example, if someone says they are going on leave for 18 months, but decides to come back after 13, then do we still have to keep the term employee until 18 months? My understanding of term positions has always been that if you want them to leave before the term is up, you have to pay them until the end of the term. But if we can add a clause this would be helpful. If you happen to have any resources on this that would be great. If it it something we could do I would contact a lawyer to draft specific wording. Thanks

    vickyp
    Keymaster
    August 22, 2023 at 12:19 am
    Post count: 4922
    #80870

    From our payroll guru, Alan. Sorry to keep u waiting over the weekend.
    Unfortunately, the laws in Manitoba aren’t helpful to the employer in this situation.
    There are two exceptions to the requirement to provide notice which might be useful, but which the employer probably can’t rely on in the situation described below.
    Clause 62(1)(b), exempts a person from the notice requirements if they are hired for a fixed term. However, it requires the person to work that whole term for the exception to apply.
    Clause 62(1)(c) exempts a person if they are hired for a specific task, i.e. a mat leave replacement, but the catch here is that the period of employment can’t exceed 12 months.
    If neither of these apply, the normal notice requirements apply, i.e. 2 weeks for 13 months of service.
    It would seem there’s no escaping these notice requirements in the situation described. The best advice I can offer is to ensure that the common law requirements are limited in the letter of offer to these employment standard minimums.

  • Author
    Posts
Viewing 2 posts - 1 through 2 (of 2 total)
  • You must be logged in to reply to this topic.