[Mali Singh]

in reply to: Averaging System (On- call) #108256

For employees who do perform work on a statutory holiday, are we best to provide a substitute day off and continue tracking the actual hours worked through the averaging model, or should those hours then be excluded from averaging and handled entirely through the ESA public holiday provisions?

[Mali Singh]

in reply to: Averaging System (On- call) #108251

Thank you, that is very helpful.

I have one follow-up question regarding statutory holidays.

Based on the info above, I understand that providing a fixed recognition credit for being on call (0.5 day for a regular on-call week and 0.75 day when a statutory holiday falls within that week) can continue as an employer-provided recognition benefit, with any actual after-hours work being tracked separately through the averaging system.

My question is whether, where a statutory holiday falls during an on-call rotation, there would also be any requirement or expectation to provide a day off in lieu in addition to the 0.75-day recognition credit and any tracked hours worked.

More generally, how should statutory holidays be handled within an averaging model where employees are salaried and we are tracking irregular/additional work only?

For example:

If an employee is simply off on a statutory holiday, we currently enter 7 hours in the averaging tracker to reflect a paid regular workday.
If an employee is travelling for work on a statutory holiday, would we continue to enter the 7-hour statutory holiday credit and then also track any additional travel/work hours performed that day?
Similarly, if an employee performs work on a statutory holiday, would the expectation be that the 7-hour statutory holiday credit remains, with any hours worked above that being tracked separately through the averaging system?

I’m trying to ensure we are appropriately distinguishing between the paid statutory holiday entitlement itself and any additional work that may occur on that day.

[Mali Singh]

in reply to: Releasing info for employee who has passed away #101087

In the event that this information is not asked for at the start and we only have written confirmation from a relative who states they are managing the estate and they already have a T4 for the deceased employee in the mail. If they are requesting further documentation, would it still make sense to ask for proof at this point or waive it?

[Mali Singh]

in reply to: Overtime #98996

To confirm, if we have it in writing as confirmation, could we place some employees in a particular program based in ON on an averaging schedule (as they accumulated more time due to frequency in travel) and others part of a different program (also in ON) on a non averaging system ?

[Mali Singh]

in reply to: Overtime #98893

With respect to overtime averaging, can an employer in Ontario or Quebec use a 4-week averaging period and allow employees to adjust their schedules within that period as hours are accumulated, provided all hours worked are tracked and the final overtime entitlement is calculated at the end of the 4 weeks? For example, if an employee works 4 extra hours on one day and starts 4 hours later the next day, can those hours be netted within the averaging period, with any remaining overtime at the end being paid or provided as time off in lieu where permitted?

For Manitoba, would that approach fail under the default daily overtime threshold unless a valid flex-time or averaging arrangement is already in place?

[Mali Singh]

in reply to: Jury Duty Leave #98501

Great, thank you! To get a bit more granular- we offer a 1 hour unpaid lunch. If the employee is asking to be covered under the policy, we would essentially be saying that this time is paid time and that they could then take their 1 hour unpaid lunch after that as well. Does it matter at all if the employee has a choice in selecting the time of the meeting?

[Mali Singh]

in reply to: Jury Duty Leave #98498

This is our current policy

Leaves of absence with pay for up to 15 days will be granted to every employee (other than an employee already on leave without pay) who is required to serve on a jury or attend as a witness by subpoena or summons, or to attend before any person(s) or legislative committee authorized to compel the attendance of witnesses.
An employee on approved vacation leave who is required to testify or is subpoenaed as a witness to give evidence on behalf the organization will have his or her vacation leave entitlement restored for the period of time required to attend court or any legal proceeding on behalf of the organization.

As well, if the meeting (pre-trial) was taking place over lunch hours? Does it make a difference

[Mali Singh]

in reply to: Vacation Accrual during STD/LTD #98402

Ok the employee must keep accumulating the minimum 2 weeks vacation time even if on LTD for the foreseeable future? We can’t say after 1 year on LTD, you will stop accruing any time? When they come back, do they have to take all that unpaid accrued time off or can they waive it if the employee doesn’t want to take additional time off especially on an unpaid basis?

[Mali Singh]

in reply to: Overtime #98390

Ok thanks, that’s very helpful! Bit more nuanced but in terms of getting the employees to agree to this, how transparent do the options need to be? As in, if we have always done this (pay time off in lieu for these hours and OT) can we just get this in written confirmation or does the explicit choice of having it paid out vs time off in lieu need to be offered? In the event some staff choose 1 or the other, do both need to be honored?

[Mali Singh]

in reply to: Overtime #98387

For those hours worked between 36-44 though, they would still have to be paid as regular hours right? Or could we have a policy to have those as time off in lieu too with the employee’s permission as they go over a standard work week?

[Mali Singh]

in reply to: Vacation Accrual during STD/LTD #98383

With regards to the unpaid leave accumulated during STD or LTD, is there a period that this needs to be banked till? Can we require the employee to use it within a certain amount of time or does it have to be left till their return from the leave? Could we cap the accrual till 1 year on LTD and after this time, they stop accruing?

[Mali Singh]

in reply to: Vacation Accrual during STD/LTD #98370

To clarify, we are not governed by the CLC but through provincial standards with offices in ON/MB and staff living in ON, MB, QC

[Mali Singh]

in reply to: Vacation Accrual during STD/LTD #98368

Going a bit beyond vacation and onto benefits and RRSP during STD/ LTD.

We offer employer paid health and dental (effective day 1 generally) are we required by law to continue this during STD/LTD? As well, we offer RRSP matching, given employees have no income during STD/LTD- are we required by law to continue providing employer contributions? If we done so in the past for STD (till the time a staff transitions to LTD) if we update our policy, can we stop offering this?

As well, how does the interplay of protected leave and STD/LTD work? I know ESA has some protections on benefits for protected leave but how do you determine if an employee on STD (say for health reasons) is also on a protected leave?

Thanks,

[Mali Singh]

in reply to: Vacation Accrual during STD/LTD #98019

Ok got it! In the event that someone on STD or more likely on LTD has their employment come to an end at some point if they are unable to return. Would we need to pay out the vacation that’s accrued or no because there would be no vacation pay component?

[Mali Singh]

in reply to: Vacation Accrual during STD/LTD #98017

Thank you, if we already offer more than the minimums outlined. For example we start all staff at 3 weeks, if they were to go on STD or LTD before they have hit 5 years, are we required to continue the 15 day accrual or can that transition be to the minimum requirement of 10 day accural for the duration of their leave?

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