Jurisdiction Comparison
To show the differences in legislation,
1. List out each jurisdiction's paid vacation minimums.
2. List out all the civic and general holidays, and what gets paid if employees don't work, and what gets paid at 1.5 if they do.
3. List out ONLY the unpaid leaves that are different between the two jurisdictions, regardless of time.
To show the impact on the employer, make the following assumptions:
1. As an employer, you are only giving mandatory minimums.
2. There are 10 employees who get paid an average of $15 each per hour.
3. All your employees have been employed for less than five years. You can make whatever assumptions you want to within that.
4. Every unpaid leave over five days long costs $50 in administration costs. If you don't know how long the leave is and it can be for more than 5 days, assume that it is more than 5 days. For the purposes of this assignment, treat domestic violence leave as unpaid. You will need to call Employment Standards Manitoba if you ever have one to understand how to administer this leave anyway.
1. Compare the Employment Standard from Manitoba and Northwest Territories:
Statutory Holiday:
Statutory Holiday
Manitoba Northwest Territories
General Holiday New Year's Day New Year’s Day
Louis Riel Day Good Friday
Good Friday Victoria Day
Victoria Day National Aboriginal Day
Canada Day Canada Day
Labour Day the first Monday in August
Thanksgiving Day Labour Day
Christmas Day Thanksgiving Day
Remembrance Day
Christmas Day
Other Holiday Easter Sunday
Terry Fox Day
Remembrance Day
Statutory Holiday pay:
MANITOBA: The holidays are divide into two types: general holiday and other holidays. Normally, employees will receive one regular work day`s pay as the general holiday pay. However, employees who work on the general holiday normally will receive 1.5 times their regular rate of pay for the hours worked on the day in addition to their general holiday pay.
The other holidays as Easter Sunday, Terry Fox Day, and Boxing Day are not consider as a general holiday. The employer doesn`t have to pay to employees who do not work. And pay a regular work day`s pay to employees who work on these holiday. Remembrance Day is an exception. Although it is not a general holiday, while it is a common practice for employers to pay employees who do not work on Remembrance Day. Employees who work on Remembrance Day should be pay at 1.5 times of their regular wages.
NORTHWEST TERRITORIES: There are only statutory holiday in Northwest Territories. The holiday payment is similar to the Manitoba. Employees who don`t work on the statutory holiday will receive regular workday`s pay. If employees are required to work on a statutory holiday, the employer shall, in addition to paying holiday pay,
(a) Pay employees overtime pay for the time worked; or
(b) Give the employee a substitute holiday at some other time, convenient to the employee and employer that is not later than the next annual vacation of the employee or the termination of his or her employment, whichever occurs first.
Vacation
Manitoba Northwest Territories
< 4 years of employment 2 weeks < 5 years of employment 2 weeks
> 4 years of employment minimum 3 weeks > 5 years of employment 3 weeks
Vacation:
Vacation Pay:
Manitoba: Vacation pay is calculate based on the gross earnings in the previous year. Employees who are entitled to two weeks of vacation receive 4% of their gross wages as vacation pay and employees with three weeks’ vacation receive 6%.
Northwest Territories: Vacation pay must be equal to at least 4% of the annual wages of the employee for each of the first five years of employment with the employer, and 6% of the annual wages of the employee for the sixth and subsequent years of employment with the employer.
Other leaves:
Other Leave
Manitoba Northwest Territories
Leave Length of Leave Leave Length of Leave
Maternity Leave 17 weeks Pregnancy Leave 17 weeks
Parental Leave 37 weeks Parental Leave 37 weeks
Family Leave 3 days Sick Leave 5 days
Bereavement Leave 3 days Compassionate Leave 8 weeks
Compassionate Care Leave 28 weeks Bereavement Leave and Court Leave 3 days and 7 days
Long-Term Leave for Serious Injury or Illness 17 weeks Reservist Leave a period of time spent on duty with
the reserve force
Domestic Violence Leave 10 days and 17 weeks
Leave for Citizenship 4 hours
Leave Related to Critical Illness of a Child 37 weeks
Leave Related to Death or Disappearance of a Child 52 weeks, 104 weeks
Leave for a Reservist When needed for service
Leave for Organ Donation 13 weeks
The other leaves in Manitoba and Northwest Territories are unpaid with different length of leave. In both Employment Standards has some similar leaves with different durations. As you can see in yellow parts of the table above are different type of leave in two province. In Northwest Territories has an article defined the maximum period of combined pregnancy leave and parental leave that is entitled is 52 weeks.
2. Provide an analysis of what impact it would have on your employer to operate in the different jurisdiction based on the leave provisions in place in the two jurisdictions.
With the objective to have a good analyze of impacts, the employer make the following assumptions:
• 10 employees who get paid an average of $15 each per hour
• All your employees have been employed for less than five years
• Every unpaid leave over five days long costs $50 in administration costs
• Your employees will, in total, use each type of leave once in every year
• Work hours per day is 8 hours and 5 days a week
• Formula:
? Holiday: $15/($15 *1.5) * 8 hours * 1 days = cost
? Vocation: $15 * 4% * 8 hours * 5 days * 2 weeks = cost
? Leaves: $15 * 8 hours * X day * X weeks = cost
Cost of Vacation
Manitoba Northwest Territories
Vacation Cost Vacation Cost
2 weeks 48 2 weeks 48
Considering the cost