iSavta Blog / Caregiver rights in Canada
Caregiver rights in Canada
Orr Peless | 29.05.2019
There are labour laws in place that are meant to specifically protect live-in caregivers. So, if you are currently working as a caregiver or plan to be in the near future, it is important that you know your rights. Any employer in Canada is required to follow these laws and ensure that you are given these basic protections.
Minimum Wage Requirements
Your employer is required to pay you at least $10.25 per hour as that has been established as the minimum wage since March 31, 2010. There are deductions that your employer is allowed to make if you are a live-in caregiver.
For instance, your employer is allowed to deduct $31.70 per week for your private room. Plus, $2.55 can be deducted per meal eaten up to $53.55 per week which leads to a total allowed weekly deduction of $85.25.
Your employer must provide you with a check stub that shows how many hours you worked, your pay per hour, and the deductions taken. It is required by law that this is provided to you.
Work Hours Allowed
Even though you are a live-in caregiver, you are not required to be on duty 24-hours per day. In fact, your employer can only expect you to work a total of eight hours per day unless you have a signed written agreement stating otherwise.
Your total weekly allowed hours are a maximum of 48. If you and your employer agree on additional hours, the agreement must be made in writing, and it must be approved by the Ministry of Labour.
If you work more than 44 hours per week, then your employer must pay you overtime for the four (or more) extra hours worked. Overtime is required to be paid at 1.5 times your regular hourly pay.
Breaks and Time Off
Every 5 hours that you work, your employer is required to give you a 30-minute unpaid break in order to eat a meal. Additionally, your employer is required to give you at least 11 hours off between shifts, and you should get at least 24 consecutive hours off each week.
There are also nine public holidays that you are entitled to during the course of the year. These include New Year’s Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, and Boxing Day.
Your employer should pay you for these public holidays if you work your regularly scheduled shifts on the day before and the day after the holiday. If your employer requests that you work on the public holiday, you are to be paid 1.5 times your normal hourly rate.
Know Your Rights. Protect Yourself.
It is important that you know your rights under Canadian laws. By being aware of the requirements, you can protect yourself and make sure you are paid according to the law. It is a good idea to keep records of your wages, your hours, and your time off.
If you feel like your employer is not acting in accordance with the law, your records will help prove your case.