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in reply to: resignation-notice #91099
Good question. I don’t have enough expertise to answer this question, so I’m referring it to an outside payroll consultant. I’ll let you know as soon as I hear back from him. Thanks for your patience.
in reply to: resignation-notice #91096Here you go, courtesy of Alan McEwan. An employee giving notice has no impact on the requirement for the employer to provide notice under section 54 of the ESA. In other words, given the timelines here it might be possible for the employer to give notice of termination as of December 15, 2023.
I’m not sure if you’re asking about discipline or actual termination. You can discipline an employee for absenteeism regardless of probationary status. However, discipline isn’t in order if the absence is nonculpable, which sounds like the case in this situation. However, you MAY discipline the employee for failure to adequately communicate and document his need to be absent, as long as you have clear policies and procedures and made the employee aware of them. Keep very detailed records of all absences and disciplinary actions taken.
You may also terminate an employee who’s still within his probationary period without termination notice for lack of suitability, which is a much lower standard than just cause. In this situation, it would seem that you’d have a strong case that the probationary employee is not suitable. But again, you need to have complete documentation documenting your decision, why you made it and the attempts you made to warn the employee and get him to correct the problem. Hope that helps. Glennin reply to: pay-equity-requirement #91091You may be. Are you subject to federal or Ontario regulation?
In most cases, it is not appropriate to disclose an employee’s medical diagnosis, including a mental health diagnosis, to their manager without the employee’s explicit consent. Employee medical information is considered sensitive and private, and sharing such information without the employee’s consent may violate privacy laws, such as the Health Insurance Portability and Accountability Act (HIPAA) in the United States or Personal Information Protection and Electronic Documents Act (PIPEDA) in Canada. Additionally, disclosing such information without consent could be considered unethical and may create a breach of trust between the employee and the employer.
Here are some steps you can take to support your employee while respecting their privacy:
Encourage Open Communication: Let your employee know that you are there to support them and that they can come to you with any concerns or needs related to their mental health.
Maintain Privacy: Assure your employee that their medical information will be kept confidential and will not be shared with their manager or colleagues without their consent.
Offer Resources: Provide your employee with information about the company’s Employee Assistance Program (EAP) or other mental health resources that are available to them.
Manager Training: While you cannot disclose the specific diagnosis to the manager without consent, you can provide the manager with general training on how to support employees with mental health challenges. This training should focus on:- Promoting a stigma-free and inclusive workplace culture.
- Encouraging open communication and active listening.
- Identifying signs of distress or changes in behavior.
- Encouraging employees to seek help when needed.
- Making reasonable accommodations if necessary.
Reasonable Accommodations: Work with your employee to determine if any reasonable accommodations are needed to support them in their role. These accommodations should be based on the employee’s specific needs and may include flexible work hours, workload adjustments, or other support.
Remember, your primary goal is to create a supportive and understanding workplace for your employee. Respect their privacy, provide the necessary support, and ensure that your organization’s policies and actions align with applicable laws and regulations.Additional Resources
Mental Health And The Duty To Accommodate
Mental Health Policyin reply to: Promotion/Job Changes – Employment Contracts #907179 Things to Include in Your Children in the Workplace Policy
Bringing Children to the Workplace Policyin reply to: Promotion/Job Changes – Employment Contracts #90707Employment contracts are not always required, but they are highly recommended to outline the terms and conditions of employment. A well-drafted employment contract should clearly state the terms of employment, including job title, duties, compensation, working hours, benefits, and any changes to these terms due to promotions or job changes. When an employees role changes, you should amend the contract to reflect these changes and get the employees signature so you are protected against any constructive dismissal claims around the changing roles and duties.
in reply to: Employee Brings Child (18) to Work #90699The appropriate course of action when an employee brings a child to work can vary depending on company policies, the nature of the job, and local regulations. Here are some general guidelines on how to handle such situations:
1. Company Policies: First and foremost, check your company’s policies and guidelines regarding children in the workplace. Many companies have specific rules about this. Some may prohibit children from the workplace entirely, while others may allow it under certain circumstances.
2. Supervisor’s Discretion: In many cases, the supervisor or manager has some discretion in handling such situations. They may need to assess the specific circumstances and the impact on the workplace.
3. Safety and Distraction: Safety is a primary concern. If the presence of a child poses a safety risk, such as in a manufacturing or construction setting, it’s typically not allowed. Additionally, if the child’s presence is causing significant distractions or disruptions, the supervisor may address this with the employee.
4. Alternative Arrangements: Some employers may allow employees to bring children to work in cases of emergency or if alternative childcare arrangements have fallen through. In such cases, the child may be required to stay in a designated area, like an office or a break room, and not disrupt the work environment.
5. Telecommuting: If the employee’s job allows for telecommuting, the supervisor may consider allowing the employee to work from home for the day to avoid the issue altogether.
6. Local Regulations: Be aware of any local labor or employment laws that may impact your decision. Some jurisdictions have regulations about bringing children to the workplace, and you should ensure you are in compliance with these laws.
7. Temporary Leave: In some cases, the employee may be required to take paid or unpaid leave if bringing a child to work is not feasible and no other childcare arrangements can be made.
8. Clear Communication: It’s important for both the employee and the employer to maintain open and respectful communication about such situations. If the employee has a legitimate reason for needing to bring a child to work, it’s important to consider their situation and try to find a solution that accommodates both the employee’s needs and the company’s operational requirements.
Ultimately, the specific response will depend on your company’s policies and the unique circumstances of the situation. It’s important to be flexible and understanding while also ensuring that work can continue without significant disruptions or safety concerns.in reply to: After birth parent received first EI payment #90360The requirement for a birth parent to submit an application to their employer and provide a copy of their latest Employment Insurance (EI) claim page is likely related to the process of parental leave or maternity leave, which is a common benefit in many countries. Here’s why employers may request this information:
1. Compliance with Employment Standards: Many countries have employment standards and regulations in place that require employers to provide certain benefits to employees during periods of parental leave, such as job protection and continued benefits coverage. To ensure compliance with these regulations, employers may ask for documentation from employees to confirm their eligibility for such benefits.
2. Coordination of Benefits: In some cases, employers offer additional benefits to employees during parental leave, such as top-up payments or continuation of certain benefits (e.g., health insurance). The information provided by the employee helps the employer determine the appropriate level of support and benefits to provide during the leave period.
3. Record-Keeping: Employers maintain records of employee absences, including leaves of absence. By having documentation of an employee’s EI claim, the employer can accurately track and document the employee’s leave status and eligibility for various benefits.
4. Communication and Planning: Providing this information to the employer allows for better communication and planning. Employers can anticipate employee absences, make necessary work arrangements, and ensure a smooth transition during the employee’s leave.
5. Tax and Payroll Considerations: The information may also be required for tax and payroll purposes. Employers may need to adjust payroll deductions or tax withholding based on the employee’s EI payments and leave status.
It’s important to note that the specific requirements and processes may vary depending on the jurisdiction, the employer’s policies, and the legal regulations in place.The obligations of an employer regarding a seasonal employee who decides not to work during the winter months can depend on various factors, including the terms of the employment contract, applicable labor laws, and any collective bargaining agreements that may be in place. Here are some considerations:
1. Employment Contract: The terms of the employment contract between the employer and the employee are crucial. If the contract specifies that the employee is expected to work year-round or provides details about the seasonal nature of the employment, it can guide the obligations of both parties during the winter months.
2. Salary and Compensation: If the employee is paid a fixed salary, they may be entitled to that salary even during the winter months if it’s specified in their contract or if it’s a common practice in the industry.
3. Seasonal Employment: Given that the employee has 18 years of seniority and has been working seasonally in this manner, it may be considered a longstanding and accepted practice. In such cases, the employer may have an obligation to offer the employee their seasonal position when the company resumes operations in the spring.
4. Legal Requirements: Employment laws and regulations can vary by jurisdiction, so it’s essential to consult the specific labor laws that apply in your area. Some jurisdictions have laws that provide protections to seasonal workers, including rules about layoffs and rehiring.
5. Collective Bargaining Agreements: If the employee is part of a union and covered by a collective bargaining agreement, the terms of the agreement may dictate the rights and obligations of both the employer and the employee during the winter months.
6. Communication: It’s advisable for the employer to maintain open communication with the employee regarding their intentions for the winter months and to address any concerns or expectations in advance.
7. Termination and Rehire: If the employee decides not to work during the winter months, and there are no contractual or legal obligations to keep them on salary or to guarantee their position, the employer may treat this as a voluntary temporary layoff or separation. In such cases, the employer may have the right to rehire the employee when the seasonal work resumes in the spring, subject to any applicable rules and regulations.in reply to: Vacation Pay Salary vs. Hourly #90356When transitioning employees from hourly to salary, it’s important to understand how vacation pay works under the Ontario Employment Standards Act (ESA) and how it should be incorporated into the salary structure. In Ontario, vacation pay is a statutory entitlement for employees, and it’s usually expressed as a percentage of the employee’s earnings. Here’s how it typically works:
1. Accrual of Vacation Pay: Under the ESA, employees earn vacation pay as they work, typically at a rate of 4% of their gross wages. This accrual happens as they work and is not typically paid out with each paycheck.
2. Annual Vacation Entitlement: In addition to vacation pay, employees are entitled to a certain number of paid vacation days each year. The number of days is determined based on their length of employment. For example, after one year of employment, they are entitled to two weeks (10 days) of vacation.
Now, when transitioning employees to a salary structure, you have a few options:
Option 1: Include Vacation Pay in the Salary
In this option, you would include the vacation pay percentage (6% in your example) as part of the annual salary. So, if you’re offering an employee a $100,000 annual salary with 6% vacation pay included, that would mean the employee’s salary is calculated as follows:
Annual Salary = $100,000 + (6% x $100,000) = $100,000 + $6,000 = $106,000
In this case, the employee’s $106,000 salary includes their vacation pay. They are entitled to 15 days of paid vacation as part of this salary. If they don’t take all 15 days of vacation, you are not required to pay out the unused vacation pay separately at the end of the year because it’s already included in their annual salary.
Option 2: Keep Vacation Pay Separate
Alternatively, you can keep the vacation pay separate from the salary, similar to how it was handled for hourly employees. In this case, you would pay the employee their annual salary of $100,000 and separately calculate and pay out the 6% vacation pay on each pay period based on their earnings. This would be on top of their salary, and if they don’t use their vacation days, you would still need to pay out the accumulated vacation pay.
It’s essential to communicate clearly with your employees about which option you choose and how vacation pay is handled under their new salary structure. Ensure that your payroll processes align with your chosen method to avoid any misunderstandings or legal issues. Also, keep in mind that employment contracts and collective agreements may have specific provisions regarding vacation pay.
Vacation Policy – Ontario
How to Make Payments of Vacation Payin reply to: medical-note-content-case-law-Ontario #90354An employer is not entitled to know an employee’s diagnosis, they can ask about: the expected length of their illness or disability.
Some employers may be hesitant to accept virtual medical notes or notes from telemedicine providers. However, it’s essential to consider the evolving nature of healthcare, especially in light of the COVID-19 pandemic. Many healthcare providers have adapted to providing virtual care, and virtual medical notes may be just as valid as traditional ones. Discriminating against virtual medical notes may be problematic if they are legally valid and meet the necessary requirements.Compliance Briefing: Are You Allowed to Ask Sick Employees for a Doctor’s Note?
Doctor’s Note Policy
Solving the “Self Serving” Medical Notes Puzzlein reply to: Vacation Carry Over #90352The treatment of unused vacation days that were carried over to the next year and not used by the specified deadline can vary depending on the company’s policies and local labor laws. Here are some common scenarios that might apply:
1. Forfeiture: In some companies, if employees do not use their carried-over vacation days by the deadline, they may forfeit those days, meaning they lose them without any compensation. This practice is often in line with the company’s policy and may be communicated to employees in advance.
2. Payout: In other cases, companies may have a policy that requires them to pay out the value of the unused vacation days to the employees. This payout could be included in the employee’s regular paycheck or handled separately. Local labor laws may also dictate whether unused vacation days must be paid out.
3. Carryover: Some companies may allow employees to carry over unused vacation days beyond the deadline into the next year, with certain limitations. This could be subject to specific company policies or collective bargaining agreements.
4. Use or Lose: A “use it or lose it” policy may apply, where employees are explicitly informed that they must use their carried-over vacation days by the deadline, and if they do not, those days will be lost without compensation.
It’s essential for both employers and employees to understand the company’s vacation policy and local labor laws that may apply in their jurisdiction. Many companies have written policies or employee handbooks that detail how vacation days, including carried-over days, are treated. Additionally, employment contracts or collective bargaining agreements may also influence the outcome.Dismantling the Confusion Around Managing Vacations in Canada
Vacations Quiz
Paid Vacation Policyin reply to: IT Accessibility #90338Here are a few. I think the first is probably the best for you because it deals with research data. I hope these help.
https://www.unco.edu/hipaa/pdf/data-security-research.pdf
https://nmcdn.io/e186d21f8c7946a19faed23c3da2f0da/556712d9bf0f4cb2a916cc810687d52b/files/risk-management-resources/risk-management-handouts/Data_Security_Policy.pdf (general data security)
https://www.bowiestate.edu/files/resources/information-security-public.pdf (general data security)
https://assets.contentstack.io/v3/assets/blt36c2e63521272fdc/blt957812312514f63a/5e9df9554c47dc64d2a649d0/remote_access_policy.pdf (remote access)
https://nationalcybersecuritysociety.org/wp-content/uploads/2019/10/Remote-Access-Policy-Template-FINAL.pdf (remote access)in reply to: Vacation Request Automation and Tracking Software #90331Personally, I can’t. But let me run this by our payroll expert. I’ll get back to you when he replies.
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