Live-in caregivers are covered by the Employment Standards Act and Regulation. These provisions include overtime pay, statutory holidays and holiday pay, annual vacations and vacation pay, and minimum wage.
As of May 1, 2011, minimum wage increased to $8.75 per hour. There are two scheduled increases as follows:
- November 1, 2011 – $9.50 per hour ;
- May 1, 2012 – $10.25 per hour.
A live-in caregiver is a person who:
- was approved to participate in the Live-in Caregiver Program at a visa office outside of Canada; and,
- has a valid work permit to work as a live-in caregiver for children, seniors or the disabled with an employer in Canada.
- is employed at an employer’s private residence to provide cooking, cleaning, child care or other prescribed services, and
- resides at the employer’s private residence.
Before the job starts there must be a written employment agreement between the live-in caregiver and the employer.
The agreement must set out the caregiver’s duties, hours of work, wages and charges for room and board. The employer must give the live-in caregiver a copy of this agreement.
If a live-in nanny / caregiver works more hours than are set out in the employment agreement, the caregiver must be paid extra for these hours. If working more hours means the domestic works more than eight hours a day or 40 hours a week, the extra pay must be paid at overtime rates.
Maximum charges for room and board are set by the Regulation. These charges must not be more than $325 per month.