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British Columbia Employer Advisor Keeping Employers Posted on Developments in Labour and Employment Law

Tag Archives: bereavement leave

Employment Standards Leaves

Posted in Benefits, Compensation, Pensions, Employment Standards

The Employment Standards Act (British Columbia) requires employers to grant unpaid pregnancy, parental, family responsibility, compassionate care, reservist, bereavement and jury duty leave.

Providing the time off is just the start of the employer’s obligations. Employees on leave continue to “earn” the following, as if they were at work:

  • length of service credit;
  • vacation credit;
  • pension credit; and
  • insurance plan benefits.

The employer must recognize increases in wages and benefits, such as benchmarks for wage increases or qualification periods for benefits being reached during the leave.

The right to vacation time off continues to accrue during the leave, but vacation … Continue Reading

Collective Agreements and Employment Standards

Posted in Employment Standards, Unions

Employers with unionized employees must understand if and when the Employment Standards Act (British Columbia) will apply.

Collective Agreement Prevails

A collective agreement may have provisions that fall below the minimum requirements of the Act in the following areas:

  • hours of work and overtime (Part 4),
  • statutory holidays (Part 5),
  • annual vacation and vacation pay (Part 7), and
  • seniority retention, recall, termination of employment and lay-off (section 63).

As long as the collective agreement contains a provision respecting each of those matters, then the corresponding part of the Act does not apply, regardless of whether the provisions of the collective … Continue Reading