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Newfoundland
and Labrador
This section provides
specific information for the province of Newfoundland and Labrador. Click
one of the links on the left to move directly to the corresponding section.
Hours
of Work
The type of employee
excluded from this legislature are farm workers, domestics, etc.
|
Maximum
|
14
hours/day except in emergencies |
|
* |
**
Exclude statutory hours from overtime calculation and reduce the work
week by the statutory hours when the statutory holiday is not worked.
Include hours in overtime calculation if the holiday is worked. |
| Overtime |
Any
hours more than 40.00 hours/week |
| Overtime
Rate |
No
less than 1 and 1/2 times the employee's regular rate of pay |
| Break
Period |
Unpaid
break of 1 hour immediately after 5 consecutive hours worked |
| Rest
Period |
24.00
consecutive hours/week (except managers) |
Leaves
Pregnancy Leave
| Time
with Employer |
20
consecutive weeks before expected date of birth |
| Required
Notice |
two
weeks written notice |
| Length
of Leave |
17
weeks taken no sooner than 17 weeks before the expected birth with
a minimum of six weeks after birth. |
| Benefits
Maintained |
No |
Parental Leave
| Time
with Employer |
20
weeks before birth of child |
| Required
Notice |
two
weeks written notice |
| Length
of Leave |
35
weeks beginning immediately after the maternity leave or within a
35 week period after the birth of the child or after the date of custody
of the child. |
| Benefits
Maintained |
No |
Voting Leave
| Time
with Employer |
N/A |
| Required
Notice |
N/A |
| Length
of Leave |
three
consecutive hours |
| Paid |
Yes |
Bereavement Leave
| Time
with Employer |
at
least 30 days |
| Required
Notice |
N/A |
| Length
of Leave |
one
day leave with pay and two day without pay on death
of someone from the immediate family
|
| Paid |
depends
on the circumstances, see above |
Adoption Leave
| Time
with Employer |
20
consecutive weeks before adoption date |
| Required
Notice |
two
weeks written notice |
| Length
of Leave |
17
weeks taken no sooner than one week before the adoption. |
| Paid |
No |
Sick Leave
| Time
with Employer |
30
days |
| Required
Notice |
no
specific time |
| Length
of Leave |
7
days per year |
| Paid |
No |
Compassionate Care
Leave
| Time
with Employer |
30
days |
| Required
Notice |
1 pay period w/medical certificate stating family member
has significant risk of death within 26 weeks |
| Length
of Leave |
8 weeks - within 26 weeks or death |
| Paid |
No |
Holidays
|
Holidays
|
2007
|
2008
|
2009
|
2010
|
|
New Year's
Day
|
Mon., Jan.
1 |
Tue., Jan.
1 |
Thu., Jan.
1 |
Fri., Jan.
1 |
|
Good Friday
|
Fri.,
Apr. 6 |
Fri.,
Mar.21 |
Fri.,
Apr. 10 |
Fri.,
Apr. 2 |
|
Labour
Day
|
Mon., Sep.
3 |
Mon., Sep.
1 |
Mon., Sep.
7 |
Mon., Sep.
6 |
|
Christmas
Day
|
Tue.,
Dec.25 |
Thu.,
Dec. 25 |
Fri.,
Dec. 25 |
Sat.,
Dec. 25 |
|
Victoria
Day
|
Mon., May
21 |
Mon., May
19 |
Mon., May
18 |
Mon., May
24 |
|
Thanksgiving
Day
|
Mon., Oct.
8 |
Mon., Oct.
13 |
Mon., Oct.
12 |
Mon., Oct.
11 |
|
Remembrance
Day
|
Sun.,
Nov. 11 |
Tue.,
Nov. 11 |
Wed.,
Nov. 11 |
Thu.,
Nov. 11 |
|
* Easter Sunday
|
Sun., Apr. 8 |
Sun., Apr. 12 |
Sun., Apr. 23 |
Sun., Apr. 4 |
|
Memorial Day
|
Sun., July
1 |
Tue., July
1 |
Wed., July
1 |
Thu., July
1 |
|
* Boxing Day
|
Wed., Dec. 26 |
Fri., Dec. 26 |
Sat., Dec. 26 |
Sun. Dec. 26 |
In accordance with
the Canadian Labour Standards Code, if the following holidays land
on a Saturday or Sunday, New Year's Day, Christmas Day, the employer must
grant his or her employee a holiday with pay on the next working day immediately
preceding or following the holiday, providing that the holiday is a provincial
requirement. If a statutory holiday is worked during a regularly scheduled
work day then the employee must be either paid double time, allowed one
additional day off with pay within 30 days, or be allowed to add the extra
day off with pay to their annual vacation.
The following holidays
fall under the Shops Closing Act: New Year's Day, Good Friday,
Easter Sunday, Victoria Day (1st Monday before May 25), Memorial Day or
Canada Day (July 1), Labour Day (1st Monday in September), Thanksgiving
Day, Remembrance Day (November 11), Christmas Day and Boxing Day.
Additionally, the
Shops Closing Act sets the following days as holidays:
- In St. John's,
the day for the St. John's Annual Regatta.
- In the Town of
Harbour Grace, the Harbour Grace Annual Regatta.
- In any other municipality,
the day set by the council as a public holiday for its respective jurisdiction.
- Other days the
provincial government declares as public holidays.
Terminations
Required
Notice
Individual Termination
| Length
of Employment |
Notice
Required |
| Under 3 months |
None |
| Between
3 months and 2 years |
1 Week |
| Between
2 and 5 years |
2 Weeks |
| Between
5 and 10 years |
3 Weeks |
| Between
10 and 15 years |
4 Weeks |
| 15
years and over |
6
Weeks |
Group Termination
| Number
of Employees |
Notice
Required |
| 50
to 199 |
8
weeks |
| 200
to 499 |
12
weeks |
| More
than 500 |
16
weeks |
Worker's
Compensation
Assessable Earnings:
Included
| Car allowances
(if taxable) |
| Clothing allowances
(if taxable) |
| Moving allowances
(if taxable) |
| Travel allowances
(if taxable |
| Bonuses |
| Vacation Pay/Statutory
Holiday Pay |
| Commissions |
| Call in pay |
| Call back pay |
| Standby pay |
| Directors' fee |
| Short-term disability
paid by the employer (if taxable) |
| Long-term disability
paid by the employer (if taxable) |
| Gifts |
| Gratuities (if
taxable) |
| Pre-retirement
with pay |
| Pay in lieu
of notice |
| Regular salary
or wages/overtime |
| Shift premium |
| Sick pay (accessible
up to 13 consecutive weeks) |
| Sick pay on
termination |
| |
| Taxable Benefits
such as: |
| Board & lodging |
| Company car |
| Life insurance |
| Loans |
Excluded
| Temporary lay-off with pay |
| Maternity with pay |
| Retiring allowance |
| Severance pay |
| WCB |
| WCB-top up (not permitted) |
Pay
Statements
For Newfoundland the
pay is required semi-monthly or more frequently. The employee must receive
there pay within seven days after the pay period.
Newfoundland's pay
statement must contain the following:
- Dates of pay periods
- Rate of pay
- Total hours worked
- Gross earnings
- Vacation pay
- Net Pay
- Deductions and
reasons for those deductions
Minimum
Wages
The province of Newfoundland
has one wage rate standard as follows:
| Parties Applicable |
Wage Rate |
| 16 and over |
$6.50 |
Minimum
Age
As long as the work
is in no way harmful to the child, a child over the age of 14 is permitted
to be hired with the written permission of the childs parent or legal
guardian.
The child can not
work more than three hours on a school day and eight hours on any other
day. Children cannot work more than eight hours a day combined with the
regular school hours. The child may not work between the hours of 10:00
p.m. and 7:00 a.m or be employed while the regular workers are on strike
or during a lockout.
Vacationable
Earnings
Included
| Call in pay |
| Call back pay |
| Commissions
earned at employer's premises |
| Commissions
earned by a route salesman |
| Commissions
earned away from employer's premises |
| Overtime pay |
| Previously paid
vacation pay |
| Regular salary/wages/retroactive |
| Shift premium |
| Statutory -
Company Holidays (floaters) |
| Statutory -
General Holidays |
| Work related bonuses |
|
| Taxable Benefits: |
Excluded
| Allowances (Car,
clothing, moving, travel) |
| Discretionary
bonuses (cash) |
| Director's fees |
| Employer-paid
long term disability |
| Employer-paid
short term disability |
| Gifts (cash
or in kind) |
| Pay in lieu
of notice/Termination pay |
| Profit Sharing |
| Severance/Plant
severance |
| Sick pay - Sick
days |
| Standby pay |
| Tips and Gratuities |
|
| Taxable Benefits: |
| Company car |
| Life Insurance |
| Loans |
| Provincial Medical |
| Board and lodging
(interpreted as being excluded) |
Provincial
Health
There are no employee
paid premiums required in Newfoundland. The employer contributions are
calculated at 2% of the gross annual payroll that is in excess of $150,000
in a calendar year that are not related to the renewable resource industries.
Payrolls related to the fishing, forestry, and agriculture (renewable
resource) industries that exceed $150,000 are calculated at 1%.
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