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.

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.