How do employees qualify for public holiday entitlements?
Generally employees qualify for holiday entitlements. they can be full time, part time, permanent or limited term contract, students. doesnt matter how recently they were hired
Why would a employee NOT qualify for holiday pay? (2 reasons)
they fail without reasonable cause to work their entire regularly scheduled shift the days of work before and after the public holiday ( last and first rule)
fail without reasonable cause to work their entire shift on the public holiday
What are the vacation entitlements?
Most employees earn 2 weeks of vacation With pay after each 12 months of employment. "vacation entitlement year"
What is Standard vacation entitlement year?
The day an employee is hired and lasts 12 months. after this entitlement year ends a new one begins.
What is Alternative vacation entitlement year?
an employer might have an entitlement year thay doesnt start on the date an employee is hired.
Ex. Michelle is hired on june 1. the employer has set up the entitlement year to begin each year from jan 1 to dec 31
What is Stub Period?
Period between the date of hire and the beginning of the first alternative vacation entitlements year.
Who is entitled to vacation with pay?
What is vacation pay?
must be at least 4% of the "gross" wages earned in the 12 month vacation entitlement year or in the stub period.
What is the "Last and First" rule?
- work all of their regularly scheduled days before and after the public holiday (unless they can show reasonable cause for failing to work)
-regularly scheduled days of work before and after the holiday dont have to be thedays right before and right after the holiday.
What is "reasonable cause" ?
Employees are considered to have "reasonable cause " for missing work when something beyond their control prevents them from working.
Ex: emergency leave or family medical leave. Employees are responsible for showing that they had a reasonable cause for staying away from work.
What is Premium Pay?
At least 1 1/2 times the employees regular rate of pay. (overtime is premium pay)
What is Public holiday pay?
It is all of an employee's regular wages earned, plus all of the vaction pays payalbe in the 4 weeks before the work week with the public holiday, divided by 20.
What is Regular rate?
it means an employee's rate of pay for each non-overtime hour of work in his or her usual work week.
What is Pregnancy Leave?
Under the ESA, is it a right that pregnant employes have to take up to 17 weeks of unpaid time off work. Employers do not have to pay wages to someone who is on Pregnancy leave.
What is Parental Leave?
It is a right that new parents have to take unpaid time off work when a baby or child is born or first comes into their care.
What are Maternity and Parental benefits?
They are employment insurance payments from the federal Employment Insurance program under this program, eligible workers can receive Maternity and Parental benefit payments during their Pregnancy and Parental leave.
How much time off can parents take for Pregnancy and Parental leave?
A birth mother can take both Pregnancy and Parental leave. Birth mothers are entitles to 17 weeks of unpaid, job protected pregnancy leave. Mothers who take Pregnancy leave are entitles to up to 35 weeks parental leave. All other new parents are entitled to up to 37 weeks.
Who can take Pregnancy leave ?
a pregnant employee is entitled to pregnancy leave whether she is a full time, part time, and permanent or contract employee.
How long is Pregnancy leave?
17 weeks of unpaid time off work.
Who can take Parental leave ?
Any new parent is entitled to parental leave
How long is parental leave ?
Birth mothers who took pregnancy leave are entitled to 35 weeks of parental leave. all other parents entitled to 37 weeks of parental leave.
What is Emergency leave ?
It is unpaid, job protected leave of up to 10 days each year. Emergency leave may be taken in the case of illness, injury and certain other emergenccies and urgetn matters.
Who can take Emergency leave ?
Employees who work for employers that regularly employ at least 50 employees are entitled to emergency leave.
What is Family Medical leave ?
It is unpaid job protected leave of up to 8 weeks in a 26 - week period.
May be taken to privide care and support to a specified family member for whom a qualified health practitioner has issued a certificate indicating that the family member has a serious medical condition.
Who can take family medical leave ?
All employees, who are covered by the ESA .
What is Termination of employment ?
Common expressions for termination of employment include being. . let go, fired, dismissed
Under ESA, employment is terminated if the employer..?
Dismisses or stops employing someone due to the employers bankrupcy, constructive dismissal
lays an employee off for a period thats longer than a temporary lay off
What is a Constructive Dismissal ?
may occur when an employer makes a significant change to a fundamental term or condition of an employees employment without the employees consent.
What is a Temporary lay off ?
Happens where an employer cuts back or stops and employyes work without ending his or her employment (not enough work).
How much termination pay do employees get ?
It is a lump sum payment equal to the regular wages for a work week that an employee would have earned during the notice period. Must be paid to an employee no later than 7 days after the emplyye's employment is terminated
What is Severance pay ?
is compensation paid to a qualified employee whose employment is severed. it compensates an employee for loss of seniority and job related benefits which recognizes an employees years of service
Who qualifies for severance pay ?
employees whos employment is severed and:
has worked for the employer for 5 or more years
and was employed by an employer who has a payroll in Ontario of at least 2.5 million
or, severed the employment of 50 or more employees in a 6 month period