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Employment Standards and You Poster

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Employment Standards and You

    What You Should Know About the Prince Edward Island Employment Standards Act


Most employees on Prince Edward Island are governed by the Employment Standards Act and Regulations that set minimum standards for the Island’s workplaces.

Your Rights and Responsibilities at Work

Minimum Wage: most employees must be paid at least the minimum wage.  Contact the Employment Standards Branch at 368-5550; toll-free at 1-800–333-4362 or visit www.peiemploymentstandards.com for the current rate.

Hours of Work: most employees must be paid overtime pay after working more than 48 hours in any given week.  Employees in certain industries must work more than 48 hours in any given week before becoming entitled to overtime pay.  Contact Branch for details.

Overtime Pay: rate must be at least 1.5 times the employee’s regular rate of pay for each hour of overtime worked.

“Banking” of Overtime Hours: an employee can choose to accumulate overtime hours as paid time off if the employer agrees.  The agreement must be in writing. An employee must receive 1.5 hours of paid time off for each hour of overtime accumulated. Contact Branch for details.

Pay Period: an employee’s pay period must not exceed 16 days. Pay day can not be later than five working days from the close of that pay period.

Pay Stub: employees must receive a pay statement along with their pay. Employees who receive an electronic pay statement must have confidential workplace access to view the statement and a means of making a paper copy.

Reporting Pay: each time an employee is required to report to work, the employee must be paid for at least three hours at their regular pay.

Rest Periods: most employees are entitled to:

•    a daily unpaid break of at least one-half hour after every five continuous hours of work; and
•    a weekly unpaid break of at least 24 consecutive hours in every week of seven days.

Paid Vacation: most employees are entitled to an annual paid vacation of two weeks after each year of employment and then three weeks of annual paid vacation after the employee has completed eight continuous years for the same employer.  Part-time employees who have worked for a continuous period of one year can decide to receive vacation pay instead of vacation time after notifying the employer in writing.

Paid (Statutory) Holidays: New Year’s Day, Islander Day, Good Friday, Canada Day, Labour Day, Remembrance Day and Christmas Day.

Tips: tips and gratuities are the property of an employee and cannot be shared with an employer.

Special Leaves: most employees are entitled to seven job-protected leaves:

•    bereavement leave: one paid day and up to two unpaid days for the death of an immediate family member; up to three unpaid days for the death of an extended family member;
•    sick leave: up to three unpaid days each calendar year for employees with more than six months but less than five years of continuous employment with the same employer.  One day of paid sick leave and up to two days of unpaid leave each calendar year with more than five years of continuous employment with the same employer;
•    family leave: three unpaid days per calendar year after six months of continuous employment with the same employer;
•    maternity/parental/adoption leave: unpaid leave of up to one year.  Eligible if employed by the same employer in any 20 weeks of the 52 weeks prior to start of leave and if currently employed by the same employer;
•    court leave: unpaid leave for jury duty;
•    compassionate care leave: eight unpaid weeks in a 26-week period to care for someone who is considered to be a family member;
•    reservist leave: unpaid leave for an employee who must be absent from civilian employment for military service; must work at least six months for the same employer.

Notice of Termination: employers who terminate an employee without just cause after the employee has worked continuously for more than six months must give the employee written notice or pay in lieu of written notice:
•    less than six months of continuous employment – no notice required;
•    six months to five years continuous employment  – two weeks;
•    five years to 10 years continuous employment – four weeks;
•    10 years to 15 years continuous employment – six weeks;
•    more than 15 years continuous employment – eight weeks
Employees who resign with between six months and five years of continuous employment must provide one week of written notice to the employer and after five years of continuous employment must provide two weeks of written notice.

Pay Deductions: an employee’s pay is subject only to permitted deductions.  Contact Branch for details.

Youth Employment: employees under 16 years have special rules.  Contact Branch for details.

Other Provisions: other employment rules are not listed on this poster.  To obtain more information or a complaint form or to obtain a free copy of the Guide to Employment Standards, contact the Employment Standards Branch at Tel: (902) 368-5550 or toll free at 1(800) 333-4362, Fax: (902) 368-5476 or visit www.peiemploymentstandards.com

This poster is a guide only.  The reader is strongly advised to consult the Employment Standards Act and Regulations or Youth Employment Act. Where any difference exists between this poster and the legislation, the legislation will be considered correct. 
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