[vickyp]

in reply to: Overtime & Compensatory Travel #94099

Hello! If your employee works any amount of time past 44 hours in a week, they are entitled to overtime pay no matter the type of employment they possess. According to labour and employment law in Quebec, “The employer is required to reimburse an employee for reasonable expenses incurred where the employee must travel or undergo training at the employer’s request.” Therefore, you will need to compensate this employee for the time it takes them to travel from their “home base” (the main office/their main place of work – even if that is their home) to the site, along with any additional charges like fuel. I know that in provinces like Ontario, travel time is counted towards weekly hours – so if their travel to and from the work site pushes their hours over the edge of 44 per week, you are entitled to pay them overtime pay. It must all fall under standard hours worked. The worker does not need to be compensated for the time that it takes them to get to the airport, they would just need their flight and accommodations compensated for by the company. The flying would be their main means of travel to the work site, so you should not worry about how they get to the airport – that is not on company time (they could arrive 3 hours early for their flight and that would be on your dime, if this was the case). You have quite a few questions and this can be a difficult situation to navigate. I can’t give you an outright answer regarding exempt status, but I can provide you with some resources that will answer all of your questions and then some. At the end of the day, create an employment agreement that works well for both parties and is time and cost effective! Communication is key and respect goes both ways. Check these links out for more information: CNESST Labour Standards in Quebec Overtime Exemption For Managers – HR Insider All About Quebec – HR Insider Overtime Exemption Rules I hope this helps and best of luck! -HR Insider Staff

[vickyp]

in reply to: Family Responsability Office Garnishment #93583

According to the FRO, the maximum deduction is 50% of the employee’s net pay, which is calculated as gross pay minus statutory deductions and reimbursements for expenses (non-taxable).

The total deduction cannot exceed 50% of the net pay, no matter how much arrears there are in support payments; however, once the support payments + arrears is less than 50% of the net pay, the deduction must be moved to the lower number.

If the per diem or % increase is being used as an expense reimbursement because it is easier to manage that submitting receipts, that money is not taxable, and therefore should be exempt.

HR Insider staff

[vickyp]

in reply to: Safety for Remote Employees #93392

By the way, as an HR Insider member you now have access to elearning and an LMS; one of the courses available to you is WHMIS, as well as AODA (both required training in Ontario).

[vickyp]

in reply to: Company Vehicle Policy – best practice when employee on Leave of Absence #93358

Most companies treat leaves of absence as a pause in employment and as such, it is expected that any equipment would be returned to the employer during that leave. This may not apply to leave of a short to undetermined length, like jury duty, but for extended term leaves in excess of a 1-2 pay periods, it is common to have equipment returned.

With the example you are giving, it would seem like a poor use of an asset to have it sitting in an employee’s driveway, especially if it is insured and maintained, when that asset could be “working” for you with another employee.

This doesn’t really require you to change your leave policy, but you may want to audit your vehicle use policy to stipulate that the vehicle is used for work purposes only and not the free use of the employee, and that it can be recalled by management.

HR Insider staff

[vickyp]

in reply to: How can company respond to non-approved leave? #93076

If your sales team is not management, you cannot require them to respond in off hours with the right to disconnect. You would need to have a compensation model that required it, but you should probably specify that you expect them to respond immediately during operating hours and/or forward the request/email/message to another available representative during off hours/vacations/etc.

[vickyp]

in reply to: How can company respond to non-approved leave? #93075

This letter is within your rights as an employer – vacation requests do not have an accommodation requirement by law.

[vickyp]

in reply to: Medical Information Cost #93011

You are not required to pay for this medical information by law; however, the majority of employers surveyed will reimburse the cost if there is one. However, this does not apply when we asked employers about sick notes from medical clinics.

Some insurance providers will also reimburse this cost.

[vickyp]

in reply to: HRBP Support #93010

Many HR professionals don’t calculate the ratio correctly. Here’s how to do it right: Divide the number of HR full-time equivalent (FTE) positions by the total number of employees (FTEs), then multiply the outcome by 100.

Average HR-to-Employee Ratio, by Organization Size

Fewer than 100 2.70

100 to 249 1.26

250 to 499 1.07

500 to 999 0.82

1,000 to 2,499 0.79

2,500 to 7,499 0.53

7,500 or more 0.42

Sources: SHRM Human Capital Benchmarking Study

[vickyp]

in reply to: RTW strategies #92373

The first question we have is, do you have a return to work policy, program and plan in place for the employee already? This plan should outline any limitations, current employee’s abilities, a timeline and milestones for fully resuming the job and tasks performed before the absence.

The second question we have is, are there any labour contracts in place or EAPs that might influence an RTW plan?

The third question we have is, does you LTD plan have some transition process already mapped out? Is there a partial wage subsidy program in place? What is their expectation?

Ultimately, you have 3 stakeholders here: the employee, the insurer, and you. The plan is to have the employee return to full employment, but this will probably be a long process given the length of absence, and will not necessarily be a progressive path, it will likely ebb and flow at best. Having a clear communication plan between all 3 stakeholders with regular touch base meetings is a good first step, but ultimately it all starts with an agreed upon RTW plan.

We can definitely help you with creating one, but it is likely that your LTD provider has started this already.

HR Insider staff.

[vickyp]

in reply to: Tax Forms for Remote Workers #92370

Employees are governed by the jurisdiction where the work is done, not where the corporate offices are. This can become a bit of an issue if employees are abroad or in jurisdictions where insurance and other entitlements can vary, you may have foreign tax and payroll implications that can and will get very complicated.

In your example, the employee would need to fill out the Ontario TD1. As the employer, you also need to pay Ontario payroll taxes and other costs like worker’s compensation as if you were operating in Ontario, because, in effect, you are with this single employee.

A lot of companies fly under the radar as jurisdictions have been slow to catch up with remote work arrangements, but there are plenty of cases to highlight that Revenue Canada and local governments are taking notice and fining employees and employers.

HR Insider Staff

[vickyp]

in reply to: Information on Proof of Employment Letter after Extended Absence #92326

If the employee is on a sanctioned leave that doesn’t impact the status of their employment (Parental, disability, etc), Then you are required upon request to give the employee a letter of proof of employment, which would include their hire date. If they are currently on leave, you can specify that they are currently on X leave, but if they are classified as full time and back from leave, you cannot state, “started on x date, but really only worked half the time,” or anything like that.

Odds are this letter is for a loan, insurance, or some other financial matter to which your personal feeling about their tenure is not applicable.

The only time this may become something of a consideration would be if you had stepped salary adjustments for length of work or something like that, in which case a person’s leave could delay or push an adjustment, but that would need to be communicated in your leave policy.

[vickyp]

in reply to: T4A – Paid Holidays and Vacation? #92300

Unfortunately, independent contractors, including T4A workers, do not receive paid holidays or vacation pay as part of their compensation. Unlike employees, they don’t enjoy many of the benefits typically associated with workers’ compensation. Paid time off for independent contractors is generally not mandated by law, and they are only compensated for the time they spend working.

[vickyp]

in reply to: Illness and Injury Leave (Bill 9) #92299

This has still only been proposed and not ratified yet, but could be in the fall legislative session.

https://news.gov.mb.ca/news/index.html?item=62318

[vickyp]

in reply to: Sept 30 – National Day for T&R in Manitoba #92264

In Manitoba, as of June 6, 2024, Truth and Reconciliation Day is a holiday with optional observance; like Boxing Day, it is not an official stat day and at the business’/organization’s discretion whether or not to observe it.

There is currently a bill in front of the House to make T&R Day an official stat holiday, but this not received royal assent as of this date.

To date, no jurisdiction that has tabled a similar bill has NOT approved it.

[vickyp]

in reply to: Ontario workplace – employee accomadting hours #92188

Yes, your employee needs to document their disability and capabilities.

Verifying Disabilities without Violating Privacy

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