Post-Secondary Education,

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• Post-Secondary Education,
• Training and Labour
• The Right Balance

Employment Standards
Branch
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Introduction

• Employment Standards Branch
• Labour and Employment Board
• Who is covered and exempt under the Act
• Review of Employment Standards
• Questions and other jurisdictions

Employment Standards

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Employment Standards Act

• The Employment Standards Act establishes minimum
  rights and responsibilities for New Brunswick
  employees and employers.

Employment Standards

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The Right Balance

• The Employment Standards Act promotes a
  productive and efficient workforce
• and allows employees to have
• a balance between
• family and work.

Employment Standards

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Employment Standards Branch

• The Employment Standards Branch is responsible
  for
• Interpreting
• Applying and
• Enforcing the rules set out in the Act.
• The branch operates as a neutral party, providing
  services to employers and employees of New
  Brunswick and gives educational services
  regarding the Employment Standards Act.

Employment Standards

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Labour and Employment Board

• When the two parties involved can not come to
  an agreement the dispute is referred to the NB
  Labour and Employment Board for a final decision.

Employment Standards

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Who is covered under the Act?

• Most New Brunswick employees and employers are
  covered under the Act with the exception of
• Some domestic care workers
• Self-employed individuals
• Some agricultural service workers
• Federally regulated employees

Employment Standards

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Payroll Keeping Requirements
Employment Standards

Employer

• Is required to keep accurate payroll records on
  all employees for at least 36 months. This
  includes
• Dates
• Amounts
• Personal Information

If an employer does not keep accurate
records then the records of the employee will be
considered.
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Rules of Payment

• Every 16 calendar days
• No banking of hours

Employment Standards

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Minimum Wage

• All New Brunswick employees are entitled to
  at least minimum wage for all hours of work up to
  and including 44 hours in a week.
• For hours beyond 44, and employee must be paid
  the minimum wage overtime rate, or
  1.5 x minimum wage.

Employment Standards

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Minimum Wage

• As of April 15th, 2009 Minimum Wage 8.00 (over
  time after 44 hours 12.00)
• As of Sept.01, 2009 Minimum Wage 8.25
• (over time after 44 hours 12.38)

Employment Standards

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Minimum Reporting Wage
Employment Standards

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Weekly Rest Period

• A rest period must be at least 24 consecutive
  hours per week
• If possible Sunday
• If place of employment is open on Sundays
• Employee may refuse to work on Sunday by
  providing 14 days notice in advance

Employment Standards

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• New Years Day
• Good Friday
• Canada Day
• New Brunswick Day
• Labour Day
• Remembrance Day(2004)
• Christmas Day

Paid Public Holidays
Employment Standards

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Pay for Paid Public Holidays
Employment Standards

• If you qualify
• And do work
• You receive regular wages 1 ½ times regular
  wages for hours worked
• But do not work
• You receive regular wages or option of 3 of
  employees wages

• To qualify for paid public holiday You must
• Be employed for 90 calendar days in the past 12
  months
• Work scheduled day before and after
• Report for work

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Pay for Paid Public Holidays
Employment Standards

• You do not qualify if
• You were employed for less than 90 calendar days
  in the last 12 months
• You did not work your scheduled day before and
  after
• You did not report to work

• But you do work
• You receive 1 ½ times regular wages for hours
  worked
• And you do not work
• You receive no wages

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Dismissal

• Must be for cause
  
• Must set out the reasons for dismissal in writing
  (if employed 6 months or more)
• If no written cause provided, the dismissal
  becomes a termination

Employment Standards

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Layoff and Termination

• Employed 6 months to 5 years, 2 weeks written
  notice or pay in lieu of
• Employed 5 years or more, 4 weeks written
  notice or pay in lieu of
• Group termination, 6 weeks notice, also to
  Minister
• For a period not exceeding 6 days
• Or if reasons are unforeseen

Employment Standards

LAYOFF WITHOUT NOTICE
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Termination

• Definite assignment not exceeding 12 months
• Fixed term of employment
• Normal seasonal reduction, closure or suspension
  of operation
• Employee refuses alternative employment
• Employee retires
• Employee works in construction industry

Employment Standards

WITHOUT NOTICE
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Termination Pay

• All outstanding pay must be paid no later than
  the next regular pay day
• Payment of outstanding pay or benefits can not be
  delayed more than 21 days

Employment Standards

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Vacation

• Vacation Time
• 2 regular work weeks or 1 day per each month
  worked, whichever is less
• Vacation Pay
• Regular pay or at least 4 of gross earnings

Employment Standards

Employed up to 8 years
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Vacation

• Vacation Time
• 3 regular work weeks or 1.25 days for each month
  worked, whichever is less
• Vacation Pay
• Regular pay or at least 6 of gross earnings

Employment Standards

Employed 8 years and more
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Vacation

• Notify an employee at least one week in advance
  of his/her vacation time
• Pay the employee his/her vacation pay at least 1
  day prior to the leave

Employment Standards

Employer shall
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Maternity Leave

• Unpaid leave of up to 17 weeks
• Can begin no earlier than 11 weeks
• before probable delivery date
• Cannot refuse to hire, dismiss,
• suspend or layoff due to pregnancy

Employment Standards

EMPLOYERS OBLIGATIONS
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Maternity Leave

• Advise employer 4 months prior to probable
  delivery date
• provide a medical doctors certificate
• in the absence of emergency, give 2 weeks notice
  prior to commencing leave

Employment Standards

EMPLOYEES OBLIGATIONS
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Child Care Leave

• Unpaid Leave of up to 37 weeks
• Provide 4 weeks written notice
• Option to share leave between parents

Employment Standards

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Court Leave

• Unpaid Leave
• If an employee is
  - Summoned to serve on a
  jury
• - Selected to serve on a jury
• - Served with a summons to serve as a witness

Employment Standards

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Bereavement Leave

• Unpaid Leave
• In the event of the death of a person in a Close
  Family Relationship
• Up to 5 consecutive days
• Begins no later than the day of the funeral

Employment Standards

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Family Responsibility Leave

• Unpaid Leave
• 3 days per year
• Health, care or education of a person in a
  Close Family Relationship

Employment Standards

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Compassionate Care Leave

• Unpaid Leave
• Up to 8 weeks
• Care for someone in a close family relationship
• Conditions around qualifying (Fed.)
  

Employment Standards

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Sick Leave

• Unpaid Leave
• 5 days per year
• Employed for 90 calendar days
• Medical certificate after 4 or more consecutive
  days

Employment Standards

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Leave for Reservists

• Unpaid Leave (up to 18 months)
• Employee must provide reasonable notice
• Must be employed for 6 months
• Must be one year between leaves (Res.)
• Cannot discriminate against Reservists
• Can defer return if notice of return not
  reasonable

Employment Standards

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Employment of Children

• Restrictions placed on employment of persons
  under the age of 16.
• no more than 6 hours in any day
• no more than 3 hours on any school day
• no more than 8 hours total, schoolwork
• not between 10 p.m. and 6 a.m.
• - Permit may be issued by Director

Employment Standards

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Employment of Children

• Employment of persons under the age of 14 is not
  allowed in these areas
• Industrial undertaking
• Forestry and construction industry
• Garage or automotive service station
• Hotel or restaurant, theatre, dance hall
• - Permit may be issued by Director of ES

Employment Standards

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Unfair Employer Action

• Force employee to take a lie detector test

Employment Standards

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Equal Pay for Equal Work

• Same establishment
• Similar working conditions
• same in nature
• same skill, effort and responsibility

Employment Standards

Same rate of pay for work performed by employees
of the opposite sex when
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Frequent questions

• Not Covered under the Act
• Salary increases
• Scheduling of hours, shifts and overtime
• Severance packages
• Notice required by employees
• Minimum number of hours guaranteed

Employment Standards

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Other Jurisdictions

• Daily Breaks (Workplace Health Safety
  Compensation Commission 1-800-442-9776)
• Discrimination and harassment
  (Human Rights Commission
  1-888-471-2233)
• Days of Rest
  (Environment Local Government
  1-506-453-2434)
• Employment Insurance benefits Record of
  Employment (Service Canada 1-800-206-7218)
• Payroll deductions
  (Revenue Canada
  1-800-959-5525)

Employment Standards

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Review Quiz

Employment Standards

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• Together, let us make New
• Brunswick a better place
• to live, work, and
• conduct business.

Employment Standards