Labour
Employment Standards Frequently Asked Questions
- 1. What is the minimum wage?
- Information about the current minimum wage can be obtained from the following site.
- 2. What are the paid holidays?
- New Years Day, Islander Day (3rd Monday in February), Good Friday, Canada Day, Labour Day, Remembrance Day and Christmas Day
- 3. How does an employee qualify to be compensated for a paid holiday?
- An employee must be working with the company for 30 calendar days prior to the paid holiday, earn wages on 15 of the 30 days prior to the paid holiday and work his/her last scheduled shift before the paid holiday and first scheduled shift after the paid holiday. All three criteria must be met in order to qualify.
- 4. How much vacation does an employee earn?
- Vacation pay is paid at the rate of 4% of your gross earnings. After one year's continuous service with a company, the employee is entitled to two weeks vacation with pay. After eight year's continuous service with the same employer, the employee is entitled to three weeks paid vacation. Vacation pay for three weeks vacation is calculated at 6% of an employee's gross income.
- 5. If an employee leaves a position, does he/she still receive vacation pay?
- Yes, if an employee leaves a position voluntarily or involuntarily, he/she still receives any vacation pay owing based on 4% of gross earnings. If the employee has more than eight years of continuous employment with the same employer, vacation pay owing would be based on 6% of gross earnings.
- 6. How much notice must an employee give to leave a position?
- The first six months of employment is considered probationary and the employee may leave at any time without notice. If the employee is continuously employed with the employer between six months and five years, at least one week's notice in writing is required. If the employee is continuously employed with the employer more than five continuous years, at least two week's notice in writing is required.
- 7. How much notice must an employer give to terminate employment?
- The first six months of employment is considered probationary and the employer may terminate employment at any time without notice.
- If the employee is continuously employed with an employer between six months and five years, at least two week’s written notice or pay in lieu of notice is required unless terminated for just cause.
- If the employee is continuously employed with an employer between five years and ten years, at least four week’s written notice or pay in lieu of notice is required unless terminated for just cause.
- If the employee is continuously employed with an employer between ten and fifteen years, at least six week’s written notice or pay in lieu of notice is required unless terminated for just cause.
- If the employee is continuously employed with an employer for more than fifteen years, at least eight week’s written notice or pay in lieu of notice is required unless terminated for just cause.
8. If an employee leaves a position voluntarily or involuntarily, should that employee receive severance pay?- There are no legislative provisions for severance pay.
- 9. Is an employee entitled to sick days?
- Sick leave information is available here.
- 10. What breaks are employees entitled to?
- An employee is entitled to one 30 minute unpaid break for every five hours worked. "Coffee breaks" or "smoke breaks" are not provided for under the Employment Standards Act.
- 11. When is an employee eligible for overtime?
- In most positions, the standard work week is 48 hours after which the employee is eligible for time and one-half the regular rate of pay. Certain industries have exemptions to the standard work week. Please refer to the Standard Work Week Exemption Order.
- 12. When must the employer provide a final cheque and record of employment?
- The employer must provide payment for all outstanding wages and benefits not later than the last day of the next pay period after termination of employment. Records of Employment are not covered under the Employment Standards Act as they are the responsibility of Human Resources Development Canada (HRDC).
- 13. Are all employers required to provide compassionate care leave?
- Yes, if the employee meets all conditions outlined in the Employment Standards Act. Please click here.
- 14. What deductions are employers allowed to take from my earnings?
- Information regarding deductions can be found at the following site Employment Standards Act
The Guide to Employment Standards is available online as a PDF document.
