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Newfoundland - Compensation & Benefit Legislation

NEWFOUNDLAND - AASHOWME

Demonstrates www.BenefitsReview.com™ site. Illustrates insurance carriers coverages within the Province.

NEWFOUNDLAND - BEREAVEMENT LEAVE

The Employment Standards Act provides for a one-day unpaid leave on the death of an employee's grandfather, grandmother, brother, sister, brother-in-law, sister-in-law, father-in-law, or mother-in-law, to be taken on the day of the funeral. The Act also provides for a three-day unpaid leave on the death of an employee's wife, husband, child, adopted child, father, mother or guardian to be taken no later than the day of the funeral.

NEWFOUNDLAND - COST-OF-LIVING

ERI's Relocation Assessor™ is a recommended source for U.S./Canadian cost-of-living and U.S. Automobile Cost Survey.

NEWFOUNDLAND - GARNISHMENTS

Exemption - The following are exemptions:

1. $1,019 for a married person supporting a spouse,

2. $1,059 for a married person supporting a spouse plus one dependent. This is increased by $47 for each further dependent,

3. $963 for a widow, widower, divorced person or unmarried person supporting a dependent, plus $47 for each further dependent

4. $649 for all others.

Maintenance and Support Orders - This type of order binds over all money due the employee immediately until the order is satisfied.

Wage Assignments - employees may assign a portion of their wages over to satisfy a debt.

NEWFOUNDLAND - GROUP HEALTH CODE ADDITIONS

Hospital & Medical Care Premiums: There are no premiums. Funded by a 2% monthly remuneration tax in excess of $100,000 per year. 1% remuneration tax for fisheries, forestry and agriculture industries.

Eligibility - each resident is required to register himself/herself.

Waiting Period - If coming from outside Canada, eligibility is upon arrival. If coming from within Canada, there is a three month waiting period.

(Newfoundland Labour Standards)

NEWFOUNDLAND - HOLIDAYS

New Year's, Good Friday, Canada Day, Labour Day, Christmas Day.

Holiday Pay: 2 Times regular pay or regular pay + alternative day.

(Newfoundland Labour Standards)

NEWFOUNDLAND - JURY DUTY & WITNESS TIME OFF

The employer is required to pay the employee for all time served as a juror or other time spent when required by the court.

NEWFOUNDLAND - LEAVES OF ABSENCE

Adoption Leave - 17 weeks of unpaid leave upon the child’s coming into care or custody of the parent.

Bereavement Leave - 1 day’s paid leave and 2 days unpaid leave for the death of an immediate family member.

Sick Leave - 5 days unpaid leave per year. Employee may not be dismissed for using this leave upon proof of illness.

NEWFOUNDLAND - MINIMUM AGE

Minimum age in Newfoundland is 16. No person under 16 may be employed:

1. to do work that is prejudicial to health, or school attendance,

2. for more than 8 hours in any one day, 3 hours on a school day,

3. between 10:00pm and 7:00 am,

4. while a strike or lockout is in progress.

NEWFOUNDLAND - MINIMUM REMUNERATION

Minimum Remuneration:

• $5.50 per hour (effective October 1, 1999).

• $5.75 per hour (effective May 1, 2002)

• $6.00 per hour (effective November 1, 2002)

 

Minimum Daily Remuneration: 3 hours.

 

Overtime: Time + 1/2 over 44 hours per week.

 

(Newfoundland Labour Standards)

 

NEWFOUNDLAND - PARENTAL LEAVE

Maternity Leave: 17 weeks after 20 weeks of employment.

 

Parental Leave: Each parent: 12 weeks after 20 weeks of employment.

 

(Newfoundland Labour Standards)

 

NEWFOUNDLAND - PREVAILING WAGE/IMMIGRANT PAY

Neither Canada nor any of the provinces has "prevailing wage" regulations that relate to foreign workers. There is a policy in place regarding immigrants that ensures that employers first consider Canadian citizens, as well as permanent residents, and that the entry of foreign workers will not adversely affect employment or career opportunities for Canadian citizens and permanent residents. In general, the offer of employment to a foreign worker requires validation by a Human Resources Canada Centre (HRCC), except when a foreign worker is exempt through an international agreement or falls under one of the exemption categories (wages and working conditions, the employer's efforts to consider Canadian citizens as well as permanent residents, etc.). These cases must be examined by a Human Resources and Development Canada (HRDC) officer in order to grant a validation of an offer of employment. Canada does not have any salary scale established, but rather the officers consider the experience of the worker, the education, and the job market situation, unions, and job advertisements to determine whether that the pay is "acceptable Canadian wages". For more information on hiring foreign workers, refer to the Human Resources and Development Canada's web site http://www.hrdc-drhc.gc.ca/hrib/lmd-dmt/fw-te/common/a.shtml, as well as the Citizenship and Immigration Canada's web site http://www.cic.gc.ca/english/about/faq/ask%2D16e.html. These two federal departments are responsible for this policy. The former is responsible for the validation of the offer of employment; the latter is responsible for the employment authorization.

 

NEWFOUNDLAND - REMUNERATION

ERI's Relocation Assessor™ is a recommended source for U.S./Canadian wages & salaries (covering 3,000 positions).

 

NEWFOUNDLAND - TERMINATION & SEVERANCE PAY

Notice of Termination by Employer: 1 week after 1 month; 2 weeks after 2 years or more.

 

Vacation Pay Upon Termination: 4% of annual earnings; 6% after 15 years.

 

(Newfoundland Labour Standards)

 

Payment Required: Within one week of termination.

 

NEWFOUNDLAND - UNEMPLOYMENT TAX

See Canadian Federal Unemployment Insurance

 

NEWFOUNDLAND - VACATION PAY

2 weeks; after 15 years, 3 weeks.

 

(Newfoundland Labour Standards)

 

NEWFOUNDLAND - VOTING TIME OFF

Time Allowed: Period to allow three consecutive hours until close of poll. Act extends to railway companies and employees except those actually engaged in running of trains.

 

Penalties for violation: Fine not more than $500, or imprisonment on default for 3 months, or both.

 

Authority: The Election Act, R.S.N. 1970, c. 106, s. 73, 120(3).

 

NEWFOUNDLAND - WORKERS' COMPENSATION

Maximum Assessable Earnings - $45,500.

 

Waiting Periods -

Pay for day of injury - yes.

Compensation for day of injury - no.

Compensation payable day after injury - yes.

Waiting Period - no.

 

Weekly Benefits for Temporary Disability - 75% of net earnings, 80% after 39 weeks.

 

Monthly Permanent Disability - 80% of average monthly earnings.

 

Administration: Workers' Compensation Commission, P.O. Box 9000, Station B, St. John's, Newfoundland A1A 3B8.

 

(Newfoundland Labour Standards)