[vickyp]

in reply to: Answer for HR Manager #89702

Glenn Demby will reach out immediately.

[vickyp]

in reply to: Answer for Sample Quebec Sexual Harassment Policy #89703

Who do we send this to?

[vickyp]

in reply to: Answer for What are the rules with respect to how long employee records must be retained – HR, WSIB, Disability – in Ontario? Where can I find details on those rules? #89704

In Ontario, the rules for retaining employee records vary depending on the type of record. Here are some general guidelines:

1. HR Records: There is no specific legislation in Ontario that sets out how long HR records must be retained. However, the Canada Revenue Agency (CRA) requires employers to keep records related to payroll, including records of employment, for six years from the end of the last tax year they relate to. Therefore, it is generally recommended that HR records be retained for at least six years.
2. WSIB Records: The Workplace Safety and Insurance Act, 1997 requires employers to retain all records related to workplace injuries or illnesses for a period of three years from the date of the last entry in the record. This includes information such as the date of the injury or illness, the worker’s name and address, and the nature of the injury or illness.
3. Disability Records: The Accessibility for Ontarians with Disabilities Act, 2005 requires employers to retain records related to accommodation of employees with disabilities for at least one year after the accommodation has been provided. However, it is generally recommended that these records be retained for as long as the employee is employed, in case of any future issues or disputes.

Here’s a few useful links: 
https://www.ontario.ca/document/your-guide-employment-standards-act-0/record-keeping
https://www.wsib.ca/en/human-resources-personal-information-bank
 

[vickyp]

in reply to: Answer for Mat Leave question #89705

The employer’s offer of a 75% top-up for the first 15 weeks of maternity leave and parental leave is typically in addition to the Employment Insurance (EI) payments that the employee is eligible to receive.
In other words, if an employee qualifies for the 55% EI payments, the employer’s top-up would be added to that amount, resulting in a total income replacement rate of 130% (55% EI payments + 75% employer top-up).

[vickyp]

in reply to: Answer for Get It In Writing: Ontario Court Upholds Termination For Cause Based On Written Employment Agreement And Clear Employee Expectations #89706

Under the Canada Labour Code, employers are required to provide a medical leave of absence for up to 17 weeks for an employee who has been employed for at least three consecutive months. During this time, the employer must maintain the employee’s position and benefits, unless it is not reasonably possible to do so.
In Ontario, the Employment Standards Act also provides for a medical leave of absence for up to 28 weeks for an employee who has been employed for at least two consecutive weeks, and employers are required to maintain the employee’s position and benefits during this time.
Therefore, it is likely that your company would be required to hold the employee’s position for the duration of their medical leave, unless it is not reasonably possible to do so. Filling the position after only three days of medical leave would not be considered reasonable under these circumstances.
If the company does fill the position before the employee returns, they may be required to offer the employee a comparable position upon their return, or provide reasonable notice or severance pay if they cannot offer a comparable position. Offering the employee a different position that they are qualified for, even if it is temporary or at a lesser rate, may also be an option, but it would be best to consult with legal counsel to ensure that this meets the requirements of the relevant employment standards legislation.
Regarding the offer letter not stating any terms regarding leaves of absences, this would not necessarily be determinative of the employer’s obligations in this situation. Employers have statutory obligations under the employment standards legislation, regardless of whether or not they are included in the employment contract or offer letter.

 

[vickyp]

in reply to: Answer for Accommodation Obligation #89707

As an employer, it’s important to take an employee’s disclosure of anxiety and mental health seriously and provide appropriate support. However, it’s also important to respect the employee’s wishes and privacy.
If the employee is not willing to share their medical information or accept accommodations, you cannot force them to do so. However, it’s important to continue to provide a supportive and inclusive workplace environment, and make sure the employee is aware of the resources available to them, such as your EAP program.
You may also want to remind the employee that accommodations can be a useful tool to help manage their anxiety and mental health in the workplace, and encourage them to reconsider seeking medical advice.
If you have concerns about the employee’s ability to perform their job, you can request that they undergo a fitness-for-duty evaluation by a medical professional, but this should only be done in extreme circumstances, and with the employee’s consent.

[vickyp]

in reply to: Answer for What types of pay are included in calculating Vacation pay? #89708

In general, vacation pay is calculated based on the employee’s total earnings during the vacation entitlement year, which includes all forms of compensation such as salary, hourly wages, commissions, bonuses, and certain taxable benefits. However, the specific rules and regulations for vacation pay can vary by province or territory in Canada.
For Alberta (AB), Saskatchewan (SK), and Newfoundland and Labrador (NL), the rules for vacation pay are as follows:
Vacation pay must be at least 4% of the employee’s total wages, excluding vacation pay, earned during the vacation entitlement year. The vacation entitlement year is the 12-month period beginning on the employee’s hire date, or on a common anniversary date agreed upon by the employer and employee. All forms of compensation, including salary, wages, commissions, bonuses, and taxable benefits, are included when calculating vacation pay.
Based on the above rules, it appears that employees in AB, SK, and NL would be entitled to vacation pay on any day rate earnings received while working in the field.
Additionally, if discretionary bonuses are considered part of an employee’s total earnings during the vacation entitlement year, then the employee would also earn vacation pay on these bonuses. It is always recommended to consult with a legal or accounting professional to ensure compliance with the specific rules and regulations in each province or territory, as well as any employment contracts or collective agreements that may apply.

[vickyp]

in reply to: Answer for BC Paid Sick Days #89709

The law does not specify whether these sick days can be paid up front or only after they are used.
Employers have the flexibility to provide sick leave in advance if they choose to do so. Employers and employees can come to an agreement on how the sick days will be provided, including whether they will be paid up front or after they are used. Employers may also have their own policies in place regarding sick leave, which may specify when and how sick days can be used.

[vickyp]

in reply to: Answer for BC Stat Holiday question #89712

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.

[vickyp]

in reply to: Answer for Sick leave QC #89713

If the worker is credited with 3 months or more of uninterrupted service with their employer, the first 2 days of absence are with pay if they are absent for any of the following reasons:

• owing to sickness or an accident 
• to fulfil family obligations relating to the care, health or education of their child or their spouse’s child 
• to fulfil family obligations as an informal caregiver for a relative or another person owing to their state of health 
• for organ or tissue donation 
• following domestic violence or sexual violence or a criminal offence 

They are entitled to a total of 2 days of absence with pay per calendar year (January 1 to December 31). These days of absence may not be deferred from one year to the next or replaced with an indemnity.
The division of these days of absence with pay is not provided for in the Act. If the worker is absent for only part of the day due to illness or for another health-related reason, they must take leave without pay. However, they are still entitled to their full days of absence with pay.
However, if authorized by the employer, these days may be divided. In this case, the pay must be calculated based on the number of hours of absence. 

[vickyp]

in reply to: Answer for agreement #89714

If this employee is looking to sell your services in addition to his current role, you are probably better off treating the two job functions separately and creating an additional contract paid on referral commissions with no fixed hours. However, you will want to make sure that this new contract stipulates that it cannot be in conflict with his current role.

[vickyp]

in reply to: Answer for Missed pay #89715

No, you do not need to pay interest, but you will want to be upfront and overcommunicate with the employee what the error was, how you calculated the shortfall and what corrections have been made to make sure this does not happen again.

[vickyp]

in reply to: Answer for Independent contractors – Work Authorization #89716

Yes, employers in Canada should collect documentation to validate the work authorization for independent contractors.
Independent contractors are not employees, and they are responsible for their own work permits and authorizations. However, you still have a responsibility to ensure that you are hiring individuals who are legally authorized to work in Canada.
To validate work authorization, employers should request that independent contractors provide documentation confirming their citizenship status. The employer should also verify that the documentation provided is genuine and belongs to the independent contractor.
There may be additional requirements for certain types of work or industries, such as security clearances, certifications, or professional licenses. Employers should ensure that they are aware of any specific requirements for their industry and take steps to comply with them.
Employers should keep a record of the documentation provided by independent contractors as part of their compliance.

[vickyp]

in reply to: Answer for Sales commission for Sales employee on vacation #89717

If your compensation model has a commission payable for recurring purchases or existing client purchases, because the sales rep brought the client in initially, then the employee would be eligible for the commission. It would be recommended that you audit your compensation models to account for commissions earned when employees are on leave (military/parental/disability) to avoid any confusion moving forward.

[vickyp]

in reply to: Answer for Abuse of sick leave – BC #89718

There are no clear “rules” in any jurisdiction regarding withholding sick pay. Where sick pay is regulated, an employer is within their rights to request a doctor’s note for sick pay, provided this is communicated through an internal policy. Asking for one retroactively is difficult. In this case, you are probably fine to withhold the pay, but you may want to audit your policy to require a doctor’s note moving forward.

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