The Employment Standards Act defines employment laws in the Yukon.
The Employment Standards Act defines employment law in the Yukon. The act outlines legal guidelines for hours, wages, breaks and leave, as well as other employment issues. Labour Services regulates employers in the territory and makes sure employers follow the law.
Hours
A standard workweek consists of 40 hours. A standard workday is eight hours. Overtime takes effect when an employee works more than eight hours in a day or 40 hours in a week. Employers must provide two hours of work or the equivalent in pay for every day they tell an employee to report to work. If the employer and employees sign a written agreement, the 40-hour workweek may be completed in less than five days with longer hours each day.
Wages
As of June 1, 2010, the minimum wage in the Yukon was $8.93. The Yukon adjusts the minimum wage rate on April 1 every year. Overtime pay is one-and-a-half times the regular pay rate. Employers must calculate wages for employees who do piece work by multiplying the usual hours of work by the current minimum wage.
Vacations And Leave
Except for the family members of employers, all employees must receive two weeks' vacation after the first year of work. Vacation pay equals 4 percent of the employee's gross wages during the year the vacation accrued. Employees must receive paid vacation time within 10 months of earning it. Employees must receive vacation pay one day before the vacation starts. Any woman who works full or part time for a company for a year is allowed 17 weeks of unpaid maternity leave. Any biological or adoptive parent who works at a company for a year can take 37 weeks of unpaid parental leave. Parental leave must be taken within the first year of the child's birth or adoption. Employees can receive up to 12 unpaid sick days a year. Employees can take seven days of unpaid bereavement leave. When an employee has a sick relative, the employee may take eight weeks of unpaid leave for compassionate care if the relative is likely to die within 26 weeks.
Breaks
Employees must receive a 30-minute break after five hours of work if the employee works 10 hours or less in a day. Employees who work more than 10 hours must receive a 30-minute break after six hours. The 30-minute break is unpaid and does not count as work time. Employees must have eight consecutive hours off before being asked to work again. In cases of emergency, the time is six hours. Employees should receive two days off each week. If an employee works 28 or more days of overtime to finish a project, the employee must receive one day off for every seven days of overtime worked. Split-shift employees must complete the workday in 12 hours.
Termination
If an employee works for six months, the employer must give the employee notice of termination. Likewise, after six months, the employee must give the employer notice of quitting. Employers may not fire an employee for becoming pregnant or for taking any unpaid leave allowed by the Employment Standards Act.
Exemptions
Employees in management positions, family members of the employer, salespeople and union workers are exempt from most of the Employment Standards Act. The act also exempts guides, farm workers, security personnel, domestic employees and sitters from the hours of work and overtime laws. Drill operators and geological workers are also exempt.
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