ELW4-Ch6(AB) Employment Standards Legislation PDF

1 NOTICE Copyright Disclaimer This PowerPoint presentation is copyright protected. Individuals who have adopted the related Emond Publishing textbook for their course are granted permission to use this...

1 NOTICE Copyright Disclaimer This PowerPoint presentation is copyright protected. Individuals who have adopted the related Emond Publishing textbook for their course are granted permission to use this presentation for instructional purposes only. Slides may not be distributed under any kind of Open Access style license, or website, or be duplicated, copied, sold, or otherwise exploited for any commercial purpose without Emond Publishing’s express written consent. Thank you. Copyright © 2021 Emond Montgomery Publications. All rights reserved. Employment Law for Business and Human Resources Professionals Kelly Williams-Whitt Adam Letourneau TJ Schmaltz Ryan Anderson Kathryn J. Filsinger CHAPTER 6 Employment Standards Legislation Alberta  4 Chapter Overview Key features of employment standards legislation Scope of legislation Basic duties of employers Minimum employment standards Administration and enforcement Copyright © 2021 Emond Montgomery Publications. All rights reserved.  5 Key Features Sets out minimum terms and conditions of work Establishes minimum requirements for termination notice, pay Displaces common law principle that parties are free to negotiate terms and conditions of employment Close to 90% of employees in Alberta fall under the jurisdiction of the legislation, but coverage is not universal Copyright © 2021 Emond Montgomery Publications. All rights reserved.  6 Key Features (cont’d) Cannot be undercut by an employment or collective agreement Unionized employees are covered, but most significant benefits are covered by the collective agreement If employer promises a greater right or benefit promised by employer will be enforced so long as it relates to a specific benefit under the Act Enforcement is complaint-based Bind employers regardless of size Copyright © 2021 Emond Montgomery Publications. All rights reserved.  7 Record Keeping Employers required to maintain accurate written records about employees Must keep most records for three years after date the record was made All records must be readily available for inspection by an Employment Standards Officer May protect employer from unjustified claims Copyright © 2021 Emond Montgomery Publications. All rights reserved.  8 Wages Employer must establish regular pay period and pay day Partial payment is prohibited Cash, cheque, or direct deposit acceptable Five types of deductions allowed: 1. Statutory deductions (e.g. income tax) 2. Court-ordered deductions Copyright © 2021 Emond Montgomery Publications. All rights reserved.  9 Wages (cont’d) 3. Authorized by a collective agreement 4. With specific written authorization 5. Recovery of wage advance or overpayment In Alberta, when employment ends If notice given, payment must be made within 3 days If no notice from employee, payment must be within 10 days Copyright © 2021 Emond Montgomery Publications. All rights reserved.  10 Minimum Employment Standards Minimum wage Hours of work and rest Overtime Vacation, General holidays Statutory leaves of absence Rights during statutory leaves Termination rules Copyright © 2021 Emond Montgomery Publications. All rights reserved.  11 Minimum Wages Employer must pay at least the minimum wage prescribed by the regulations General and special conditions apply for specific types of workers In 2015 minimum wage in Alberta raised to $15, the highest in Canada, as of October 2020. AB has “three-hour rule” Copyright © 2021 Emond Montgomery Publications. All rights reserved.  12 Maximum Hours of Work “Maximum hours of work” and overtime separate issues Employees may be required to work up to 12 hours/day or longer in special circumstances: Emergencies Urgent work Unforeseeable/unpreventable circumstances Permit, issued by the director of employment standards Copyright © 2021 Emond Montgomery Publications. All rights reserved.  13 Hours of Work and Rest In Alberta, employees must have at least: eight consecutive hours off work between shifts, and one day for each week or multiple, to a maximum of 24 days and then four consecutive days of rest. Can be modified to accommodate the needs of employers that operate continuous work cycles Consideration for refusals to work on a specified day for religious reasons Copyright © 2021 Emond Montgomery Publications. All rights reserved.  14 Eating Periods and Coffee Breaks Eating periods Coffee breaks In Alberta, ½ hour every five Employer under no statutory hours, with or without pay obligation to provide coffee If unpaid, employee is not breaks required to stay on premises If given, employer must pay Employer may require the for that time and the employee to work longer employee is required to without a break in some remain at the workplace circumstances Copyright © 2021 Emond Montgomery Publications. All rights reserved.  15 Overtime Pay Separate from hours of work In Alberta, basic 8/44 rule At a minimum, employers must pay 1.5x the regular rate for all hours worked beyond 8 hours on each workday or 44 hours in the workweek Some jobs exempt from overtime pay List of occupations provided by Employment Standards Registration Copyright © 2021 Emond Montgomery Publications. All rights reserved.  16 Banking of Overtime An employer and employee may agree to receive paid time off work instead of overtime pay Employee may receive 1 paid hour off work (“straight time”) for each hour of overtime worked instead of pay If time off not provided or taken within three months, then the employee must be paid 1.5x overtime pay (some exceptions apply) Copyright © 2021 Emond Montgomery Publications. All right reserved.  17 Annual Vacation Employee must have accrued at least 12 months continuous service with employer Entitlement starts at 2 weeks and increases to 3 weeks after 5 years of qualifying seniority May be reduced in proportion to the number of days that the employee is absent from work, including maternity, parental, and other leaves Copyright © 2021 Emond Montgomery Publications. All rights reserved.  18 Annual Vacation (cont’d) In some cases (e.g. seasonal plant shutdown) employer is entitled to determine when vacation must be taken To reduce the cost of administering annual vacation, employers can designate a common anniversary date. Copyright © 2021 Emond Montgomery Publications. All rights reserved.  19 Vacation Pay At least equal to 4% of wages earned during the 12 month period for which the vacation pay is given In Alberta, to determine vacation pay, “wages” do not include overtime earnings (unless an overtime agreement is in effect), general holiday pay, pay in lieu of termination notice, and unearned bonuses Copyright © 2021 Emond Montgomery Publications. All rights reserved.  20 General Holidays In Alberta, there are 9 general holidays Plus any other day designated by regulation Parties may substitute alternate days off if majority of employees and the employer agree Most employees eligible Employees do not lose their right to a general holiday if it falls during their vacation Copyright © 2021 Emond Montgomery Publications. All rights reserved.  21 General Holidays (cont’d) General holiday pay must be equal to at least the amount of an average day’s pay (s. 28) If an employer asks an employee to work on a general holiday, the employee is entitled to: 1.5x employee’s regular wage (up to 12 hours), plus the employee’s average day’s pay; or employee’s regular hourly wage rate for each hour worked, plus one day’s holiday Copyright © 2021 Emond Montgomery Publications. All rights reserved.  22 Maternity Leave In Alberta, 16 weeks Paid by Federal government through EI Leave can commence up to 13 weeks before anticipated delivery date Must include at least 6 weeks immediately following the birth Unless the mother can obtain a medical certificate Copyright © 2021 Emond Montgomery Publications. All rights reserved.  23 Maternity Leave (cont’d) Minimum 90 days continuous employment with the employer to qualify Employee must normally give 6 weeks advance notice Must be taken consecutively Can be extended if the infant’s medical condition requires continued care from the mother Copyright © 2021 Emond Montgomery Publications. All rights reserved.  24 Parental Leave In Alberta: up to additional 37 consecutive weeks within 53 weeks after birth or adoption placement Applies to both parents, but not at the same time Minimum 90 days continuous employment Not paid by employer under Employment Standards Act but employees may be able to claim under the Employment Insurance Act Copyright © 2021 Emond Montgomery Publications. All rights reserved.  25 Maternity and Parental Leave Employer prohibited from terminating or laying off employee during leave Unless business is discontinued Employee must provide written notice at least 4 weeks before resume date Copyright © 2021 Emond Montgomery Publications. All rights reserved.  26 Reservist Leave For members of reserve force of the Canadian Forces Requires at least 26 consecutive weeks of employment with employer to qualify Provides unpaid, job-protected leave: when deployed; and up to 20 days per year for annual training. Copyright © 2021 Emond Montgomery Publications. All rights reserved.  27 Reservist Leave (cont’d) Employees must provide 4 weeks notice Employers cannot terminate employee on leave Employer must reinstate employee to position occupied or comparable Copyright © 2021 Emond Montgomery Publications. All rights reserved.  28 Compassionate Care Leave For primary caregiver of ill family member, up to 27 weeks’ unpaid, job-protected Need certificate from a qualified health practitioner Requires 90+ days employment with employer to qualify Copyright © 2021 Emond Montgomery Publications. All rights reserved.  29 Compassionate Care Leave (cont’d) Dovetails with EI’s compassionate care leave Employees must provide 2 weeks notice Employers cannot terminate employee on leave Employer must reinstate employee to position occupied or comparable Copyright © 2021 Emond Montgomery Publications. All rights reserved.  30 Other Leaves Disappearance of child leave Critical illness of a child leave Long-Term Illness and Injury leave Domestic Violence Leave Personal and Family Responsibility Leave Bereavement Leave Copyright © 2021 Emond Montgomery Publications. All rights reserved.  31 Employee Rights during Statutory Leaves Right to reinstatement Right to salary plus increases Right to retain benefits Right to vacation entitlement Right to be free from reprisals Right to accrue seniority Copyright © 2021 Emond Montgomery Publications. All rights reserved.  32 Administration and Enforcement Process begins with complaint filed to ES All are encouraged to resolve issues between parties ES Officers may mediate Where the ES officer determines complaint warrants further action, officer can escalate to director Copyright © 2021 Emond Montgomery Publications. All rights reserved.  33 Administration and Enforcement (cont’d) Director has broad powers to investigate and impose a remedy and/or penalty If director finds a contravention, will issue orders to employer If no contravention found, employee can appeal Penalties: Up to $100,000 for a corporation Up to $50,000 for an individual Copyright © 2021 Emond Montgomery Publications. All rights reserved.