Recently the federal government introduced some new regulations regarding the Live-in Caregiver Program to be implemented as of April 1, 2010. As owner operator or a nanny agency for the last 30 years, Paragon Personnel Ltd., I wonder if this was a pure coincidence that they chose this April fool’s day for the change….

If the Government is trying to eliminate exploitation of foreign worker in Canada, it has done absolutely nothing to achieve its goals. In fact, it just overburdened its own citizens with no help to the workers. Single parents, seniors and low income families are now told that they must pay thousands of dollars more for the same service with no expectation for a return on their investment. Moreover, I asked Immigration Canada what protection do employers have against caregivers who desert their employer a short time after their arrival in Canada for no good reason. The answer was: “you have to take your own risk…”

So, you offer a job to a foreign worker, you pay the agency fee, the air fare for your nanny, 3 months medical coverage insurance. You wait 5 months for her arrival, you met all conditions agreed upon in your employment contract, and you did everything as required.  But, unfortunately you live in a small town and the nanny wants to be in the big city so she tells you: “I am sorry but …” and you have no power to enforce your contract or get your money back.

Well, thank you Minister Kenny, you have done a great service to the foreigners and a very lousy one to your fellow Canadians. This may be April fools, honorable Minister, but we are no fools.

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Good Friday (April 2, 2010) is the next Statutory Holiday in British Columbia.
Easter Sunday (April 4, 2010) is not statutory holidays.

List of B.C. Statutory Holiday dates for 2010.

Good Friday (April 2, 2010)
Victoria Day (May 24 2010)
Canada Day (July 1st )
British Columbia Day ( Monday, August 2, 2010)
Labour Day (1st Monday in September)
Thanksgiving Day (October 11, 2010)
Remembrance Day (November 11th)
Christmas Day (December 25th)

Eligibility

To be eligible for statutory holiday pay an employee must:

• Have been employed for 30 calendar days before the statutory holiday and,

• Have worked or earned wages on 15 of the 30 days immediately before the statutory holiday.

Employees who work under an averaging agreement or variance at any time in the 30 days before the holiday do not have to meet the 15-day requirement.

No pay for ineligible employees

An employee who is not eligible for statutory holiday pay is not entitled to be paid an average day’s pay. If an ineligible employee works on a statutory holiday he or she may be paid as if it were a regular work day.

Statutory holiday on a day off

When an employee is given a day off on a statutory holiday, or it falls on a regular day off, an eligible employee is entitled to be paid an average day’s pay.

An average day’s pay is calculated by dividing “total wages” earned in the 30 calendar days before the statutory holiday by the number of days worked. Vacation days taken during this period count as days worked.

“Total wages” includes wages, commissions, statutory holiday pay and vacation pay but does not include overtime pay.

Working on a statutory holiday

An eligible employee who works on a statutory holiday is entitled to be paid:

• time-and-a-half for the first 12 hours worked and double-time for any work over 12 hours; plus

• an average day’s pay.

Substituting statutory holidays

An employer and a majority of employees can agree to substitute another day off for a statutory holiday. The Act and Regulation apply to the substitute day as if it were the statutory holiday.

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