As a live-in caregiver, can I return to my home country for a vacation?

Yes, as a live-in caregiver you can return to your home country for a vacation. The length of your vacation should be written in your employment contract. If you take a longer vacation than that, without written consent from your employer, you could lose your job in Canada.
If you leave Canada before your application for permanent residence is approved, you may not be allowed to come back into Canada, especially if:

• you come from a country whose citizens need a temporary resident visa to enter Canada; or
• your work permit has expired and you no longer have legal status in Canada.

In this case, if you cannot return to Canada for any reason, your application may be abandoned.
Before traveling, check with your country’s government for information on visiting or exit visa requirements. They may have changed while you have been working in Canada.
Citizens from some countries and territories must have temporary resident visas to enter Canada. If you are from one of these countries, you may have to get another visa before you can return to Canada. This could take time. Find out the rules before you leave Canada.
If you stay outside Canada for more than one year or if your work permit expires while you are outside Canada, you will have to reapply to return to Canada under the Live-in Caregiver Program.

Applying for a Work Permit to work as a Live-in Caregiver in Canada

Applying for a Work Permit to work as a Live-in Caregiver in Canada The Work Permits program issues work permits to eligible foreign workers who wish to work temporarily in Canada, provides information on the related application process, and issues visitor records to business visitors. Applicants must meet the following requirements:

• have a valid passport or other travel document issued by their country of residence
• be in good health (a medical exam may be required)
• provide proof that they have sufficient funds to support their stay in Canada
• demonstrate that their stay in Canada is temporary
• not have a criminal record, nor be considered a security risk

In most cases, foreign workers must have obtained a Labour Market Opinion from their potential employer before applying for a work permit. In most cases, foreign workers must also obtain a Temporary Resident Visa, which is usually issued along with the work permit. Also, there is a processing fee of $150 for work permit applications.

Live-in Caregivers in Canada — Your rights and the law

Live-in Caregiver in Canada

Your rights and the law

Canadian laws protect every worker in Canada. This includes live-in caregiver workers like you.

Your employer:

• must pay you for your work
• must make sure that your workplace is safe and
• cannot take your passport or work permit away from you.

Every province and territory has an office that deals with labour and employment laws. A person at your local employment or labour standards office can talk to you about fair pay, hours of work, rest periods, working conditions and provide other services.

You do not need your employer’s permission to call this office or visit its website. They cannot punish you or have you deported for it.

Employment contracts

You may have signed an employment contract, depending on your job.

If you have a contract, it should include:

• details of your job and
• conditions of employment.

The conditions state the highest number of hours you will work each week and how much you will be paid. Both you and your employer must follow the contract.

Keep a copy of your contract. If you and your employer disagree about work details in the future, the contract may help you.

The contract also has information about the money that may be taken out of your pay (for example, the amount paid to the Canada Pension Plan and Employment Insurance, which you may be eligible to collect).

If you lose your job

Usually, your employer must give you written notice or pay you instead (this is called termination pay) before telling you to leave your job.

Your employer does not have to warn you when you are being let go for a “just cause” (for example, serious misconduct or missing work without good reason).

If you have a contract for a specific period or a specific job, your employer does not have to give you notice when your contract ends.

The rules about notice of termination are different in each province and territory.

If your employer does not follow the law when they dismiss you, you can complain to the local employment or labour standards office.

Housing

If you are given room and board, your employer may take part of the cost out of your pay. In most provinces, the amount charged for meals and board is limited. The amount must be noted in your contract.

Health and safety

All workers in Canada have the right to a safe and healthy workplace. There are laws to protect workers from danger.

Provincial, territorial and federal governments each have their own laws and ways of looking into health and safety matters.

Refusing dangerous work

Most of the time, you have the right to refuse to work if you believe that the work you are doing or have been told to do is dangerous.

You must be paid until

• the danger is removed
• you feel the problem no longer exists or
• a government official tells you that it is safe to do the work.

Your employer cannot punish you for refusing dangerous work.

If you are hurt at work

Many provinces and territories provide workers’ compensation benefits. Workers’ compensation gives you help (medical or wage benefits) if you are hurt on the job or if your job causes you to get sick.

In some provinces or territories, employers do not have to sign their employees up for the plan.

If employers do not have to take part in the workers’ compensation plan in the province or territory where you work, your employment contract must say this.

Your employer must not take any money from your pay for the plan. Contact your local employment or labour standards office if you need more information about workers’ compensation benefits.

Live-in Caregiver Program

According to Immigration Canada (CIC):

"Amendments to increase the flexibility and efficiency of the permanent residence component of the Live-In Caregiver Program (LCP)

The Live-in Caregiver Program (LCP) is a stream of the Temporary Foreign Worker Program (TFWP) that facilitates qualified, low-skilled foreign workers entering Canada as live-in caregivers to care for children, elderly or disabled persons in the private home where the person being cared for resides, when there are not enough Canadians or permanent residents (PR) to fill available positions.

Employers must apply for and receive a positive or neutral labour market opinion (LMO) from Human Resources and Skills Development Canada (HRSDC)/Service Canada (SC). LMO applications from employers are reviewed by officers who consider, among other factors, whether the wages and working conditions are comparable to those offered to Canadians working in the occupation and if the foreign worker would be filling a labour shortage. Once their employer has a positive or neutral LMO, live-in caregivers can apply for a work permit. If they meet all the program criteria and satisfy additional criteria, including security and medical admissibility, they are issued a temporary work permit to work as a live-in caregiver in Canada.

After working as a live-in caregiver for two years within three years of their date of entry to Canada, LCP participants may apply from within Canada to become PRs. Currently, over 90 percent of foreign nationals who enter Canada as a live-in caregiver with a work permit apply for permanent residence through this stream, and of these applicants, 98percent are successful.

Following engagement with stakeholders and live-in caregivers, various aspects of the program were raised, including those that are the subject of the proposed regulatory amendments discussed in this document.

For example, some live-in caregivers have experienced difficulty in obtaining the required experience within three years due to protracted illness or other circumstances beyond their control, which could result in their ineligibility for permanent residence. Others identified that they have felt pressure to remain in unsatisfactory employment to avoid failing to meet this requirement. The Standing Committee on Citizenship and Immigration, in its May 2009 report entitled: Temporary Foreign Workers and Non-status Workers, recommended that the time limit to achieve the requisite work experience be extended from three to four years.

In addition, live-in caregivers and stakeholders noted that live-in caregiver’s overtime hours are not reflected in their work experience component for permanent residence.

Another issue that was raised during the recent round table and in the Standing Committee report is that of the second medical examination. Currently, live-in caregivers must undergo two medical examinations, one as part of a work permit application prior to entry to Canada as a temporary resident, and another as part of their application for permanent residence. Due to the differing assessments of temporary and permanent residency applications, or due to changes in health over time, it is possible that a live-in caregiver be admitted as a temporary resident but denied as a PR. Though this situation is rare (average 3 cases per year), it could unduly penalize live-in caregivers who have contributed to the Canadian economy. It is expected that if this requirement remains unchanged, these sorts of cases will continue to arise from time to time.

To address these program issues, CIC has recommended a multi-instrument approach combining administrative and regulatory changes. The former could include improved information products for live-in caregivers and mandatory clauses in employment contracts that stipulate how hours of work and overtime would be compensated and documented. The proposed regulatory amendments to the LCP would facilitate the attainment of the employment requirement for permanent residence status by live-in caregivers, provide flexibility in the way the experience requirement for permanent residence is calculated, and would improve efficiencies in the medical examination process (and reduce costs for live-in caregivers) by eliminating the second medical examination.

1. Increase the time allowed to complete the employment requirement from three years to four years

One of the requirements to qualify for permanent residence under the LCP is completion of two years of employment as a live-in caregiver within three years of arrival in Canada.

It is proposed that live-in caregivers would have four years, rather than three years, to complete the employment requirement of the LCP.

This would respond to concerns that some live-in caregivers are not able to gain the required two years of employment within three years of arriving in Canada for reasons beyond their control such as serious illness.

This regulatory amendment would apply, upon implementation, to all live-in caregivers, including those already in Canada, for whom a determination on permanent residence had not yet been made.

2. Allow an hours-based calculation of the employment requirement based on 3,900 hours within a minimum of 22 months

Live-in caregivers are currently required to complete two years of employment to qualify for permanent residence. The calculation of the two-year period is based on the start and end dates of employment, as outlined in the employment contract and termination/resignation documents.

It is proposed that live-in caregivers would have the option of selecting the current system for calculating the work requirement, or selecting a new hours-based calculation option of 3,900 hours of employment completed in a minimum of 22 months. A maximum of ten percent of their overtime hours could be counted towards that work requirement, to ensure this new option does not encourage caregivers and/or their employers to seek excessive overtime hours of work.

An hours-based calculation of the employment criterion would more accurately reflect the actual accumulated work of some live-in caregivers, including overtime hours.

This amendment will apply, upon implementation, to all live-in caregivers, including those already in Canada, for whom a determination on permanent residence had not yet been made.

3) Conduct assessment of medical examination at the work permit application stage with a long term view and eliminate mandatory medical examination at PR application stage

Live-in caregivers are currently required to undergo two medical examinations: one at the work permit/temporary residence stage before entering Canada and one at the PR application stage, after a minimum of two years of work experience in Canada. Although both examinations are similar in that they test for health conditions that would pose a risk to public health and safety in Canada or create an excessive demand on the health or social systems in Canada, the difference lies in the manner in which excessive demand costs are calculated – short-term for work permit/temporary residence applicants and long-term for permanent residence applicants.

It is proposed that all live-in caregivers no longer be required to complete a medical examination when they apply for permanent residence. Instead, the medical examination completed to qualify for the initial work permit/temporary residence as a live-in caregiver would be assessed for excessive demand in anticipation of the applicant applying for permanent residence under the LCP rather than just for temporary residence. Based on the current costing thresholds used in the calculation of excessive demand, this change would mean that applicants who have a medical condition which would likely result in costs to the health or social systems in Canada of more than $5,000 per year over a five year period (total of $25,000) would typically be deemed to be medically inadmissible due to excessive demand, at the work permit application stage.

By eliminating one of the two medical examinations and requiring that live-in caregivers, at the time of their application for a work permit, be assessed with a long term view in anticipation of their application for PR status under the LCP, administrative processes would be streamlined and cost savings for live-in caregivers could be achieved. The examination at the work permit/temporary resident stage would continue to screen for infectious disease and the chance of contracting such a disease after arriving in Canada would be minimal.

This change would apply to live-in caregivers whose applications for a temporary work permit and related medical examination have not already been reviewed. For some live-in caregivers already medically assessed as part of their work permit application (and therefore assessed on a short-term rather than long-term basis), results of the initial medical examination may be reassessed at the time of application for permanent residence, where concerns were identified at the initial examination stage."

May 18 is the next Statutory Holiday in British Columbia

Victoria Day, Monday, May 18 is the next statutory holiday in B.C.

The nine statutory holidays in British Columbia are:

* New Years Day
* Good Friday
* Victoria Day
* Canada Day
* B.C. Day
* Labour Day
* Thanksgiving Day
* Remembrance Day
* Christmas Day

Easter Sunday, Easter Monday and Boxing Day are not statutory holidays.

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:

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

Live-in Caregiver Program in Canada

Live-in Caregiver Program in Canada

Employing foreign live-in caregivers when Canadian workers or permanent residents are not available, can help families care for children, the elderly or persons with disabilities.

Employers who want to hire live-in caregivers must apply to Human Resources and Skills Development Canada/Service Canada for a labour market opinion. A Labour Market Opinion assesses what impact hiring a foreign worker would have on Canada's labour market.

A foreign live-in caregiver who wants to work in Canada must have received a job offer from a Canadian employer and apply to Citizenship and Immigration Canada (CIC) for a work permit. The caregiver's application must include proof that the employer received a positive Labour Market Opinion from Service Canada.

Live-in caregivers who want to extend their stay in Canada must apply to Citizenship and Immigration Canada for an extension to their work permit. They can apply for a permanent resident visa if they worked in Canada for 24 months within a 36-month period.
It is important that you read the following pages which describe the conditions you must meet to hire a live-in caregiver and how to complete your application form. Applications that are filled incorrectly will delay processing times.

You must agree to the following conditions if you want to hire a live-in caregiver. He/she must:

* Work for you in a private home
* Live with you, the employer
* Have a private, furnished room within your home
* Be employed on a full-time basis
* Meet the requirements set by Citizenship and Immigration Canada for language, education and work skills necessary to function in the Canadian labour market.

A live-in caregiver cannot:

* Work for more than one employer at a time; and
* Work for a health agency or labour contractor, or in day care or foster care.

If you agree to all the conditions mentioned above, you can apply to Service Canada for a labour market opinion. The opinion will assess the impact hiring the live-in caregiver would have on Canadian jobs.