New workplace laws for Employment Standards came into effect for all employers on January 1, 2018, and many of our members have had questions about these changes. If you haven’t been able to get through to the Employment Standards hotline, we’ve got answers to some of our members’ most frequently asked questions:
Q: What is the Average Daily Wage and how is it calculated?
A: It is calculated as 5% of the total of employee’s wages, general holiday pay, and vacation pay that is earned in the 4 weeks immediately preceding the general holiday.
Q: When calculating the Average Daily Wage, is that 2 payroll periods or 4 weeks?
A: 4 weeks.
Q: If an employee calls in sick, are they still eligible to receive the general holiday pay?
A: Yes, because the employee informed the employer, therefore is away from work with consent from the employer. Employees are now eligible for up to five days of unpaid, job protected personal and family responsibility leave.
Q: If an employee requests time off on a general holiday, are they still entitled TO general holiday pay?
A: Yes, because the employee informed the employer, therefore the employer is informed.
Q: Are casual employees eligible to receive General Holiday pay?
A: Yes, all employees qualify for the general holiday pay (GHP) right upon hire. Employees are qualified after 90 days for the leaves (maternity, compassionate care, etc.).
Q: When is the employee eligible to receive the general holiday pay?
A: Right upon employment. There is no qualification period to receive this pay.
Q: If an employee refuses to work on a general holiday, are they still eligible to receive the general holiday pay?
A: No, because the employee is refusing to work, therefore it is considered a refusal of work.
This tool kit contains everything you need to know to ensure that your HR and payroll practices comply with the Employment Standards Code and Regulation. The Government of Alberta is also hosting webinars to help employers understand these changes.
Need help understanding the new rules? The AHLA’s HR Coordinator Zainub Siddiqui is here to help you! You can reach her at 1-888-436-6112 x 249.