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Jurisdiction Comparison

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Question: Analyze legislation and demonstrate your understanding by identifying the implications for an employer based on the legislation that is in place in two jurisdictions.

Answer: Leave laws in Alberta and Manitoba: The essay is concerned with comparing the laws focusing on the workers of 2 provinces of Manitoba and Alberta in Canada. All kinds of leaves have been compared to gain an understanding of the leaves and vacation facilities provided to workers. Various regulatory and provisional leaves will be compared to analyze the points of dissimilarities and similarities between the leaves provided to workers as per the jurisdiction of Alberta and Manitoba thus formulating a clear picture of the assigned leaves. In Manitoba, the Employment Standards Code is very particular. Employees are supposed to be tendered three days of family leave which are not paid due to reasons of health. Employers are legally bound to accommodate the disability of an employee but not related to an indefinite period of time. In Manitoba, there are 12 types of leaves that an employee can avail without jeopardizing their job. The Holiday Closing Act of Retail Business states that holidays would include Sundays, Thanksgiving Day, Christmas Day, Louis Riel Day, Canada Day, Good Friday, Victoria Day and New Year's Day. The Worker Recruitment Act of Manitoba which came into force in 2009 rules that employers of migrant workers of Manitoba to be registered with the government. Recruiters are will face severe consequences if workers are charged with recruitment fees(Manitoba, 2019).

Compliance with employment laws should be maintained in the case of migrant workers. Section 34 belonging to the Employment Standards Code that a yearly vacation of two weeks can be availed by employees after completing four years in the workplace. After five years an employee can take three weeks of leave. Division 9 of the Standards Code defines the Maternity Act where a female employee working for seven months consecutively is supposed to be provided with 17 weeks of leave. The act also covers parents adopting a child where 63 weeks of unpaid leave can be availed by employees if Manitoba laws acknowledge the adoption. Remembrance Day is not included among the official leaves of Manitoba. If any retail sector employee is required to work on Remembrance Day then 1.5 times the predetermined wages is given. If not worked extra pay is not provided(Manitoba, 2019).

In Alberta, the Employment Standards Rules protects the leaves and entitlements of the workforce. Alberta has nine general holidays and Remembrance Day is one of them. The other general holidays include New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Labor Day, Thanksgiving Day and Christmas Day. The Rules define the various standards and rights of employees with respect to entitlements and leaves. Bill 2 has been introduced in Alberta to include the changes pertaining to labour relations and holiday pay. In the case of the long term leaves an employee must have completed 90 days of service. Parental and Maternity Leave are 16 weeks and 62 weeks respectively with regards to adoption or birth. Employees are entitled to weekly offs and breaks. It may be noted that the Employment Standards Rules are ultimate with regards to the protection of entitlements and leaves of an employee in Alberta. The common law of contract is followed in Alberta and Manitoba(Government of Canada, 2019).

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Comparison

Overtime Policy in Alberta and Manitoba: Overtime Policy in Alberta is relatively fair since employers are bound to pay employees for working more than 44 hours per week. Overtime is 1.5 times the usual pay for a worker so if he is paid 12 dollars per hour he will be paid 18 dollars for each hour spent in working overtime. Overtime rules in Manitoba are the same except that an employee is paid for overtime if the work hours exceed 40 hours per week(Manitoba, 2019).

Comparison of General Holiday

Holiday

Alberta

Manitoba

Comments

1st January New Years Day

Yes

Yes

 

Third Monday of February

Yes

Yes

 

Good Friday

Yes

Yes

 

Victoria Day

Yes

Yes

 

Canada Day

Yes

Yes

 

Labor Day

Yes

Yes

 

Thanksgiving Day

Yes

Yes

 

Remembrance Day

Yes

No

Some workers in the retail sector in Manitoba are paid 1.5 times their normal wages if working.

Christmas Day

Yes

Yes

 

Entitlement of Vacation

Vacation entitlement

Manitoba

Alberta

4 % on a yearly basis (two weeks)

For the first four years

For the first four years

6 % on a yearly basis (three weeks)

After every five years

After every five years

Leave Entitlement Comparison

Leave

Alberta

Manitoba

Maternity Leave

15 weeks

17 weeks

Parental Leave

37 weeks

63 weeks

Family Leave

5 days

3 days

Leave for illness or serious injury

16 weeks

17 weeks

Bereavement Leave

3 days

3 days

Compassionate Leave

27 weeks

28 weeks

Death of a child

104 weeks

104 weeks

The disappearance of a child

52 weeks

52 weeks

Domestic Violence

10 days

17 weeks and 10 days

Reservist Leave

20 days

As needed for service

Leave for Citizenship

4 hours of unpaid leave

4 hours

Leave in case of Critical illness

36 weeks

37 weeks

In the case of Citizenship, Leaveemployees to need to be employed for at least 90 days in Albertaand for 30 days in Manitoba. In case of critical illness of a child of an employee or a family member leave for critical illness is granted. In case care is still required leave can be availed but a fresh medical certificate may be submitted.

From an assessment of the holidays leave it may appear that it is less expensive to conduct business in Manitoba. However, the leave benefits imply that Alberta has a much stricter and well-defined leave rule as compared to Manitoba. Also, the criteria for obtaining leaves are rigid thus ensuring more working hours for an employee. Employees are not entitled to vacation for the first year in Alberta unless stated by the employer. Hence it is evident that it is less expensive to conduct business in Alberta(Manitoba, 2019).

The impact upon the Employer

In this case, it may be considered that 10 employees work an 8-hour shift in Manitoba and Alberta.

On general holidays employees work for 10 hours

Manitoba has 8 general holidays while Alberta has 9 general holidays. The wage rate for Manitoba is 11.35 dollars for each hour while for Alberta it is 15 dollars for each hour.

Aggregate Pay for Holidays in the State of Manitoba:

8 holidays for 12 staffs

8 × (12× ((8 × 11.35) + (12 × 1.5 × 11.35))) =

8 × (12× (90.8) + (204.3)) =

8 × (12× 295.1) =

8 × 3541.2 =

28329.6

Aggregate Pay for Holidays in the State of Alberta:

9 holidays for 12 staffs

9 × (12× ((8 × 15) + (12 × 1.5 × 15))) =

9 × (12× (120 + 270)) =

9 × (12× 390) =

9 × 4680 =

42,120

Conclusion: In the above calculations and comparative analysis between the entitlements and leaves in the states of Alberta and Manitoba, various factors such as maternity leaves and parental leaves have been explained. The paid annual vacations, as well as general holidays allowed in the provinces, have been compared in a tabular format. The various nuances of different leaves have been discussed with respect to the jurisdiction in the provinces. Finally, a calculation has been done based on the minimum rates of wages for workers in both the provinces which clearly depicts that it is much expensive to execute business activities in the province of Alberta compared to Manitoba. The derived similarities and area of differences have been demonstrated for both the provinces leading to this unambiguous conclusion.

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