Lowering garnishment deductions; Entitlement to sick days
Lowering garnishment deductions
Question: One of our employees is having his wages garnished. He says the deductions are too high and are causing him to have financial difficulty. He wants to repay the outstanding amount over a longer period of time with lower wage deductions and has asked the payroll department to reduce the amount we deduct and send to the court each month. Can we do this on our own or do we need the court’s permission?
Answer: Employers must strictly follow the terms of a garnishment order. It is not up to employees or employers to change the amount to deduct. If an employee successfully convinces a court to lower the amount to be deducted, the courts will send the employer written notice of a change in the deduction amount. It is only then that the employer can adjust the amount it is deducting from the employee’s pay.
In Alberta, if an employee with a low gross annual salary (e.g., $15,000) has to pay spousal or child support, the Maintenance Enforcement Program (MEP) does allow the employer to contact it to request that a lower amount be deducted from the employee’s pay. It will be up to the MEP, though, to decide whether to allow it.
Entitlement to sick days
Question: How many paid sick days are employees entitled to under labour standards law?
Answer: No jurisdiction, except for Prince Edward Island, requires employers to pay employees for sick days. The P.E.I. Employment Standards Act allows employees to take one day of paid sick leave each 12-calendar month period if they have been employed by their employer for a continuous period of at least five years. As there is no law in other jurisdictions that requires an employer to have a paid sick leave policy, the eligibility requirements, the amount, and the duration of the sick benefits are at the employer’s discretion. Employers with collective agreements must, of course, abide by the terms of the agreement for paid sick days.
Many jurisdictions provide employees with the right to take off a specified number of unpaid sick days per year, as the following table shows:
1. To be eligible, employees must have completed three consecutive months of employment before taking time off. Employees must provide the employer with a medical certificate, if requested to do so in writing, within 15 days after returning to work.
2. This leave allows employees to tend to the care, health or education of a child in their care, or tend to the care or health of any other member of their immediate family.
3. This leave allows employees to take up to three days off each year for reasons related to their health or for family obligations. It applies to employees who have been employed by their employer for at least 30 days.
4. This leave applies to employees who have been employed by their employer for more than 90 days. If the absence is for four or more consecutive calendar days, the employer may require a medical certificate. Employees may also take up to three days off without pay each year to meet responsibilities related to the health, care or education of a person in a close family relationship.
5. To be eligible, employees must be employed by their employer for at least 30 continuous days. If the employee is off sick for three or more days, he or she must give the employer a medical certificate.
6. To be eligible, employees must be employed by their employer for at least 30 days and be unable to work due to an illness or injury. If the employer requires it, employees who expect to be off for more than three consecutive days must provide a medical certificate.
7. This leave applies to employees who work for an employer who regularly employs at least 50 Ontario employees.
8. This leave applies to employees who have been employed by their employer for a continuous period of at least six months. The employer may require a medical certificate for leaves of three or more consecutive calendar days. Employees who have been employed by their employer for a continuous period of at least five years may take one day of paid sick leave each 12-calendar month period.
9. To be eligible, employees must have worked for their employer for at least three months. The employer may request that the employee provide documents verifying the need for the leave if the length of leave warrants it or the employee has a history of requesting such a leave. Employees may also take up to 10 days of unpaid leave each year to tend to the care, health or education of their child or their spouse’s child or because of the state of health of the employee’s spouse, father, mother, brother, sister or one of the employee’s grandparents. Other leaves provided for under the labour standards legislation allow eligible employees to take time off work if a family member has a serious illness or accident or the employee or his or her child is injured as a direct result of a crime.
10. In the case of a serious illness or injury, employees may take up to 12 weeks off work in a period of 52 weeks. In the case of a serious illness or injury where the employee is receiving workers’ compensation benefits, the employee may take up to 26 weeks off work in a 52-week period.
11. Employees are entitled to one day’s leave without pay for every month of employment, up to a maximum of 12 days per year. Employers may request a medical certificate.
