[Conner Lantz]

in reply to: Progressive Discipline for Drug Recreational User #90280

Hi, Your comment’ …’approach of investigating positive tests to determine whether the employee is an addict or casual user is not only widely followed in union settings but mandatory for all settings’ is something I require a little bit more information on. Can you tell me were to find the requirements for the use of a Substance Abuse Expert in the testing process and whether or not it applies to both workers who properly disclose an addiction and workers who do not?

[Conner Lantz]

in reply to: BC Stat Holiday question #90279

An employee on leave or jury duty is not usually entitled to statutory holiday pay. While on leave or jury duty, an employee is absent without earning wages. As a result, days on leave are not included when determining if an employee is eligible for statutory holiday pay under s.45 of the Act.

However, if the statutory holiday falls on a day when they are on leave or jury duty and an employee is eligible for the statutory holiday, in accordance with s.45, they must be paid for this day regardless of the fact that they are on leave or jury duty. Similarly, if the employee’s contract of employment provides for statutory holiday pay while on leave or jury duty, then the employee is entitled to that holiday with pay.

The answer is not entirely clear on this, it all comes down to employee eligibility for stat pay.

https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/forms-resources/igm/esa-part-6-section-56#:~:text=Statutory%20Holidays,is%20absent%20without%20earning%20wages.

[Conner Lantz]

in reply to: BC’s National Truth and Reconciliation Stat #90278

Typically, if a Stat Day falls on a weekend, the stat is observed on the first working day after the stat. Since National Day for Truth and Reconciliation falls on the Saturday, the following Monday, October 2 will be the day given off as the stat.

[Conner Lantz]

in reply to: IT and Overtime #90277

The ESA does include a number of exemptions precluding certain classes of workers from overtime pay, such as managers, IT professionals, lawyers, firefighters, ambulance drivers, and a number of other classes of workers. These exemptions are set out in O. Reg. 285/01.

Information Technology Professionals Exemption

[Conner Lantz]

in reply to: Dr’s notes? #90276

The rules and regulations regarding employee absenteeism and the requirement for doctor’s notes can vary by province and territory. However, there are some general principles that apply to most jurisdictions in Canada:
1. Employment Standards: Each jurisdiction in Canada has its own Employment Standards Act, which sets out minimum employment standards, including provisions related to sick leave and absences. You should familiarize yourself with the specific regulations in your province or territory to ensure compliance.
2. Doctor’s Notes: In Canada, employers are generally allowed to request doctor’s notes from employees who take sick leave. However, the specific requirements and limitations may vary by jurisdiction. It’s essential to check your province or territory’s employment standards to understand the rules regarding doctor’s notes.
3. Consistency: It’s crucial to apply your attendance and sick leave policies consistently to all employees. Treating employees equally helps prevent claims of discrimination or unfair treatment.
4. Privacy Laws: Canada has strict privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA). Ensure that any medical information you collect from employees, including doctor’s notes, is handled in compliance with privacy laws and is kept confidential.
5. Accommodation: In Canada, employers are also required to make reasonable accommodations for employees with disabilities under human rights legislation. If an employee’s absenteeism is related to a disability, you may need to engage in an accommodation process rather than simply requesting doctor’s notes.
6. Unionized Employees: If your employee is part of a union, absenteeism policies and procedures may be subject to collective bargaining agreements. Make sure to consult the applicable union contract for guidance on managing absenteeism in unionized workplaces.
7. Legal Advice: If you have specific questions or concerns about managing absenteeism and requesting doctor’s notes, it’s advisable to seek legal advice from an employment lawyer who is knowledgeable about the labor laws in your province or territory.
In summary, while employers can generally request doctor’s notes for employee sick leave, it’s essential to do so in compliance with provincial or territorial employment standards, privacy laws, and any applicable collective agreements. Consulting with legal counsel or HR professionals who are familiar with your jurisdiction’s regulations can be invaluable in ensuring that your policies and practices align with Canadian labor laws.

[Conner Lantz]

in reply to: Commission Changes #90275

An employee is entitled to a clear understanding of the pay structure. Employers cannot unilaterally reduce an employee’s income by varying the commission entitlement without reasonable advance notice. Employment agreements should allow an employer to adjust commission structures to meet changing market conditions.
When it comes to altering employment contracts, especially in relation to compensation, there are several factors to consider to avoid constructive dismissal:
1. Review the Contract: You mentioned that your contract advises reviewing commissions on a yearly basis. It’s essential to carefully review the terms and conditions outlined in the employment contracts of the affected employees. These contracts may specify the terms under which commissions can be changed.
2. Legal Obligations: Changing the commission structure could potentially have legal consequences depending on various factors, including local labor laws, contract terms, and the nature of the changes. In some cases, commission structures may be considered part of the compensation package and could be subject to the same legal protections as base salaries.
3. Good Faith and Fair Dealing: In many jurisdictions, employers are required to act in good faith and deal fairly with their employees. Abrupt and substantial changes to commission structures that significantly reduce an employee’s overall compensation could be seen as acting in bad faith and may lead to legal disputes.
4. Communication: If you decide to make changes to the commission structure, it’s crucial to communicate these changes transparently and in advance to the affected employees. Offering an explanation for the changes and giving employees the opportunity to ask questions or seek clarification can help mitigate potential conflicts.
5. Consult Legal Counsel: Before making any changes, especially if they could significantly impact employees’ compensation, it’s advisable to consult with legal counsel who specializes in employment law. They can provide specific guidance based on your jurisdiction and the terms of your employment contracts.
6. Negotiation: Depending on the situation and the terms of the employment contracts, you may need to negotiate the changes with the affected employees or their representatives.
Ultimately, whether changing the commission structure could lead to legal consequences will depend on the specifics of your situation, including the terms of the employment contracts, local labor laws, and how the changes are implemented.

[Conner Lantz]

in reply to: Termination Final Pay Within 48 Hours #90274

In British Columbia, when the employment standards state that final payment must be made “within 48 hours after the last day an employee works when an employer ends employment,” it typically means that the money must be made available to the employee within 48 hours after their last day of work.
This doesn’t necessarily mean that the money needs to be physically in the employee’s bank account within that time frame. It means that the employer should initiate the payment process so that the funds become accessible to the employee within 48 hours. This could involve processing the payment through the regular payroll system or an off-cycle payroll.
Given your situation where the off-cycle payroll takes about 3 business days to process, you may want to consult with your HR department or legal counsel to ensure compliance with the specific employment standards in British Columbia. In some cases, employers may need to make a reasonable effort to expedite final payments to meet legal requirements. However, the exact interpretation can vary, so it’s important to seek guidance to ensure compliance with local labor laws.

[Conner Lantz]

in reply to: does-overtime-apply-to-a-pay-premium-in-addition-to-their-hourly-wage #90273

Where a shift qualifies for a premium, the same premium will apply to all overtime hours worked adjoining that shift.

[Conner Lantz]

in reply to: Difficult Employee – Errors and Distractions #90271

It sounds like you’ve identified a complex situation that requires careful handling. Here are some steps you could consider taking to address the issues with this employee:

1. Document Everything: Your gut instinct is right. Start documenting all interactions, disciplinary conversations, performance concerns, and any instances of disruptive behavior. Having a well-documented record will be important if the situation escalates and you need to take further action.
2. Performance Improvement Plan (PIP): Given the employee’s ongoing issues with payroll accuracy and their lack of initiative to improve despite opportunities for training, consider implementing a Performance Improvement Plan (PIP). This is a structured process where you outline the specific performance expectations, areas that need improvement, and a timeline for improvement. The plan should be clear and achievable, and it should include consequences if the improvement doesn’t happen. Document the PIP and keep a record of the employee’s progress.
3. Provide Clear Expectations: Have a direct and honest conversation with the employee about their performance and behavior concerns. Clearly communicate your expectations regarding their role, responsibilities, and the impact of their actions on the team. Address the issues you’ve noticed, such as distracting behavior and complaints, and emphasize the need for professionalism and teamwork.
4. Offer Support: It’s important to offer support and resources for improvement. If the employee’s accuracy issues stem from lack of Excel skills, offer them the training you mentioned or suggest other resources they can use to improve. Make sure they understand that the company is invested in helping them succeed.
5. Manager Involvement: If the employee’s manager is new to their role, it might be beneficial for you to collaborate closely with them. Provide guidance and advice on how to address performance issues, conduct difficult conversations, and manage the situation effectively.
6. Regular Check-Ins: Schedule regular check-in meetings with the employee to track their progress and discuss any challenges they’re facing. This shows that you’re invested in their improvement and provides an opportunity for open communication.
Remember, each situation is unique, and your approach may need to be tailored based on the employee’s response and the specific dynamics within your organization. It’s crucial to address the concerns promptly while maintaining professionalism and empathy throughout the process.

Difficult Employees Special Report
How to Create a Performance Improvement Plan
5 Performance Review Legal Traps to Avoid

[Conner Lantz]

in reply to: employee passed away suddenly. #90270

We are sorry to hear about the loss of your employee. When an employee passes away suddenly, it can have a significant impact on both the company and its employees. Here are some steps the company can take to provide support during this difficult time:

Immediate Communication: Notify employees about the passing of their colleague in a sensitive and compassionate manner. Share only the necessary information to respect the privacy of the deceased and their family.
Offer Grief Counseling: Provide access to grief counseling services, either through employee assistance programs (EAPs) or external providers. This can help employees process their emotions and cope with the loss.
Memorial and Remembrance: Organize a memorial event or remembrance ceremony to honor the memory of the deceased employee. This can provide closure for colleagues and an opportunity to share stories and memories.
Flexible Time Off: Offer flexible time off or bereavement leave for employees who need to take time to grieve and attend memorial services. Be understanding of the varying needs and emotions of your workforce.
Create a Memorial Fund: If appropriate, establish a memorial fund in the employee’s name to support their family or a cause they were passionate about. This can also help with funeral expenses.
Support for the Family: Reach out to the family of the deceased employee to offer condolences and support. Provide information about any benefits, insurance, or resources available to them.
Clear Communication: Keep communication lines open with employees, addressing any concerns they might have and providing updates about the company’s response to the situation.
Adjust Workload: Understand that employees may need time to adjust and may not be able to perform at their usual capacity immediately. Offer flexibility in work expectations during this period.

Remember that every workplace is unique, so it’s important to tailor these actions to the specific needs and dynamics of your company and its employees. Your HR department or leadership team should play a central role in coordinating these efforts.

Hope this helps, take care.

[Conner Lantz]

in reply to: Year End Performance Review #90269

How to Conduct Meaningful Employee Performance Reviews
Annual Performance Review: Guidelines for Supervisors
5 Performance Review Legal Traps to Avoid

[Conner Lantz]

in reply to: Termination for age #90268

In Ontario, there is no mandatory retirement age. The Ontario Human Rights Code prohibits discrimination based on age, which means you cannot enforce a policy that mandates retirement at a specific age. It’s important to handle the situation with sensitivity and respect for the rights of your employees.
Given the circumstances you’ve described, where some of your staff members are no longer fit for labor-intensive jobs due to their health, there are several steps you can consider taking:

Consultation and Communication: Engage in open and honest conversations with the affected employees. Discuss their health concerns and explore possible solutions together. This could involve offering alternative job roles, adjusting work tasks, or discussing potential retirement plans.
Medical Assessments: If you have concerns about an employee’s health affecting their ability to perform their current job, you might consider requesting medical assessments. However, this should be done with the employee’s consent and in compliance with privacy laws.
Flexible Work Arrangements: If appropriate, consider offering flexible work arrangements, reduced hours, or modified job responsibilities that are better aligned with their health condition.
Early Retirement Options: While you cannot force employees to retire, you can provide them with information about retirement benefits and options available to them. Some employees might be open to retiring if they have access to appropriate retirement packages or pension benefits.
Support Services: Provide information about available support services, such as financial planning resources and counseling services, to help employees transition into retirement.
Voluntary Retirement: If some employees express a desire to retire due to their health, be prepared to support them through the process and provide any necessary documentation related to retirement benefits.
Company Culture: Create a supportive company culture that values employees of all ages. Consider offering training and development opportunities to ensure that employees can continue contributing in meaningful ways.
Remember that every individual’s situation is unique, and it’s important to approach this matter with empathy and respect. Before implementing any policies or decisions, consider seeking legal advice to ensure that your actions align with applicable laws and regulations in Ontario.

[Conner Lantz]

in reply to: Vacation allotment at the beging of the year #90267

You are effectively transitioning from an accrued pay to an fixed time model for vacation. In the event that an employee quits and has a negative accrued vacation pay balance, you, as the employer will absorb the cost.
Some cases have gone before the courts where employers have witheld pay for similar situations, along with uniforms, equipment, etc. In those cases the courts have more often sided with the employee with the exceptions being for equipment of high value and that are protected IP; for example, a company car or site schematics. Either way, the legal costs associated with the mediation/battle far outpaced the cost associated with the negative balance in accrued pay.
This is a risk in transitioning to this model, but if you are making this change for ease of management and cultural reasons, you are probably better off in the long run.

[Conner Lantz]

in reply to: Return to Work & Breastfeeding Accommodations #90266

There is nothing in the law that forces you to accommodate this request; there are legal protections, however, that require you to accommodate breastfeeding in the workplace, such as allowing for breaks, providing a safe and secure place, etc.
Given the case as you have described it, what with the employee returning from mat leave early, it would seem like a very easy “give” to accept this 9 month WFH agreement – especially seeing as you are already hybrid.
You should consider the ergonomics of you employees home office, as well as potential privacy issues that could arise during Zoom calls, etc. If, say, you have a policy that all conference calls require employees to turn on their webcam, you may want to carve out some exceptions for this employee to protect her privacy.

[Conner Lantz]

in reply to: Unpaid Time Off #90265

Most companies integrate unpaid time into their vacation and/or leave policies (Vacation Pay Policy – HR Insider), which set a limit to the number of unpaid days an employee is entitled to.
However, it becomes much more murky and difficult to manage if, for example, an employee runs out of sick days and keeps taking unpaid days – or uses unpaid days to increase vacation allotments. From the employees perspective there is usually no issue because they see it as “I’m not getting paid anyways,” but for managers and colleagues it can prove to be difficult for capacity planning, getting projects done, and it can also have a very negative impact on culture/productivity.
There are a lot of tools and resources on HR Insider concerning capacity planning, attendance issues, leave policy do’s and don’ts, that can help you, but I can say that based on our last member survey, most organizations set a limit of unpaid days equivalent to their sick day number.

[Author]

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