All references are to the Employment Standards Act, SNWT 2007 c 13, unless otherwise noted.
HOURS OF WORK | 8 hours per day standard:
7(1) 10 hours per day max: 8 40 hours weekly standard: 7(2) 60 hours weekly max: 8(2) Ability to extend on agreement: 7(3), subject to 8 Hours or work may be extended beyond maximum if employee is required to work in emergency situations: 8(4)
To the extent necessary to prevent "serious interference with the ordinary working of the industrial establishment" 8(5) |
EATING PERIODS | N/A |
REST PERIODS | At least: 21
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OVERTIME | Overtime threshold is 8 hours on each
work day or 40 hours in each work week. Employer must pay overtime
at least one and one-half times regular rate for each hour in
excess of threshold 9(1), subject to any provisions in an order
under section 11 9(2). If employee wages not computed and paid solely on basis of time, the employee's wage rate for calculating overtime is the prescribed minimum wage or minimum wage fixed by an order under subsection 6(2) applicable to the employee: 9(3). If employee is paid partly by salary and partly by commission or incentive, the employee's wage rate for calculating overtime is the greater of: 9(4)
Employment Standards Officer may authorize employer to increase
hours above max if the nature of work is seasonal; or exceptional
circumstances justify the additional hours: 10(1)
Employee or majority of group of employees may enter into an overtime agreement 12(1) as part of a collective agreement, or if there is no collective agreement, in a written agreement between the employer or group of employees and the employer 12(2), providing that instead of overtime pay, the employer will provide and group of employees will take, time off with pay instead. An overtime agreement must be provided to each employee affected: 12(4) and include at least the following provisions 12(3):
Certain type of jobs are specifically exempted from the overtime provisions by way of regulation. For example, a person in the field of dentistry, law or nursing. See R-014-2009, s 2 for full exemptions. |
MINIMUM WAGE | Employers required to pay minimum
wage as prescribed by regulation: 6 As of April 1, 2011, general minimum wage rate is $10 per hour. R-012-2010, s 2. |
EMPLOYMENT OF YOUTH | Restricted employment of youth (under
16) SNWT 2008 c 1, s 2; youth cannot work between 11:00pm and
6:00am, or during the hours that the school the youth attends is in
session: 47 Restrictions on employing youth in the occupation of construction: 45. |
HOLIDAY | Entitled to holiday with pay for: New
Year's Day; Good Friday; Victoria Day; National Aboriginal Day;
Canada Day; the first Monday in August; Labour Day; Thanksgiving
Day; Remembrance Day; Christmas Day: 22(1) Employer can substitute another day for a public holiday: 22(2); Must pay employee regular wages or average of daily wages for 4 weeks worked before the holiday: 23. If employee works on a public holiday, employer shall pay:
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VACATION | Employers required to provide at
least 2 weeks of vacation after each of first five years of
employment: 24(2)(a), and 3 weeks after the sixth and subsequent
years of employment with the same employer 24(2)(b). Employer must give vacation in one unbroken period no later than 6 months after entitlement: 24(3). When calculating entitlement, each year of employment for the same employer, whether continuous or not, is included : 24(4). On employee request, vacation may be given in 2 or more periods as long as each vacation period is at least 1 day long: 37(2). |
EQUAL PAY | N/A |
LEAVES OF ABSENCE | PREGNANCY - 17 weeks without pay
starting at any time during the 17 weeks immediately before the due
date 26(1), if employed for at least 12 months
prior to commencement: 26(2)(a). Employees
required to give 4 weeks' written notice prior to leave:
26(2)(b). If no prior notice given, employee still
entitled if, within 2 weeks after taking leave, employer is
provided with a medical certificate: 26(3).
Employer may give written notice to employee to start leave if
Employment Standards Officer is satisfied that the pregnancy
interferes with ability to perform duties:
27(1). PARENTAL - 37 weeks without pay, so long as employee has been employed for at least 52 weeks 28(1), (5) to begin within 52 weeks after child's birth; or in the case of an adoptive parent, after the child is placed with the adoptive parent for purpose of adoption 28(2). Only entitled to one period of leave regardless of the number of newborn or adopted children that are born or arrive simultaneously 28(4). Parental leave following pregnancy leave must commence immediately after the later of (a) the day the pregnancy leave expires; or (b) the day the child arrives at employee's home: 28(7) Employees are required to give 4 weeks' written notice prior to the leave: 28(5)(b). If unable to meet notice requirements, employee is entitled to 6 weeks' leave without pay if the placement of an adoptive child was sooner than expected: 28(6). SICK LEAVE - at least 5 days each year without pay: 29. To be eligible, employee must be incapable of working because of illness or injury, have been employed by employer for at least 30 days, and submit to employer at earliest reasonable opportunity, a request for sick leave advising employer of duration or expected duration of the leave: 29(2). COMPASSIONATE LEAVE - up to 8 weeks to provide care or support to a seriously ill family member if the employee is the primary caregiver and a qualified physician provides a certificate stating that the family member has a serious medical condition with a significant risk of death occurring within a period of 26 weeks or shorter: 30(2). Leave can be taken in separate periods but no period of leave may be less than one week's duration: 30(4). BEREAVEMENT LEAVE - without pay to attend the funeral of or memorial service for a family member: 31. Up to three days if service or funeral is within the employee's community; or seven if outside the community: 31(2). COURT LEAVE - without pay to answer summons for selection to serve on a jury; serve on a jury; or answer summons to attend as a witness in legal proceeding: 32. RESERVIST - Employee entitled to leave without pay, after six months of employment, if a member of the reserve force to accommodate that service: 32.1(2). Employee must provide 4 weeks' written notice or at the earliest reasonable opportunity, including the estimated date of resuming work: 32.1(3) and (4). |
TERMINATION/SEVERANCE | Written notice of termination
required after 3 months of employment: 37. Notice
requirement is at least two weeks plus one additional week for each
year of employment over two years, to a maximum of eight weeks:
38(2). To terminate 25 or more employees at once, or within a period not exceeding four weeks, must give copy of notice to the Employment Standards Officer and any trade union of which the employees are members: 41(1). Copies of notice must be given in advance of proposed date of termination at least:
LAYOFF - Employer must give notice of temporary layoff and indicate expected date of return to work: 42. "Temporary layoff net to ..." and not to exceed 45 days during a period of 60 consecutive days: 42. Employment Standards Officer may extend a temporary layoff for a period exceeding 45 days if special circumstances justify the extension or the employee will be recalled: 43. |
EXEMPTIONS | Certain categories of employees are
exempt from the provisions of the Act related to hours of work,
rest periods, overtime, minimum wage and vacation (sections
7 to 11). These categories are
prescribed by regulation R-014-2009, s. 2, and
are: Licensed members and practitioners of:
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