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I am an employer, asking what "comparable hours " are according to Alberta employment standards, 2) am I obligated to give the employee back the same hours/days of operation prior to mat. leave considering our office has changed and evolved and 3)standard employment states there is no legislation saying 32-40hrs is guaranteed as full time hours?
Hello,
When an employee returns from maternity leave, she must be reinstated to the position she had when she took the leave or be provided alternate comparable work. Importantly, her earnings and benefits cannot be reduced.
Therefore, while it is not impossible to reduce the employee's hours, what is not allowed is to reduce her earnings. Therefore, if the employee was paid a yearly salary, that salary cannot change. If the employee was paid by the hour, the hourly rate cannot change.
Assuming the employee was paid by the hour, the number of hours worked by the employee may change so long as the position remains comparable to the one she held prior to the leave. In this sense, the hours could potentially be reduced by about 10%. A greater reduction makes it arguable that the new position is not comparable to the old one.
Another consideration is whether there is a written employment agreement between the parties that deals with changes is hours.
Regarding which days of the week or which hours of the day the employee must work, the question remains; is the position comparable. Assigning the employee to weekend or night shift work may not be a comparable position, especially considering that the employee now has child care obligations.
Changing an employees hours from full time to part time would not be a comparable position in most cases.
Regards,
Lluc Cerda
Lawyer
When an employee returns from maternity leave, she must be reinstated to the position she had when she took the leave or be provided alternate comparable work. Importantly, her earnings and benefits cannot be reduced.
Therefore, while it is not impossible to reduce the employee's hours, what is not allowed is to reduce her earnings. Therefore, if the employee was paid a yearly salary, that salary cannot change. If the employee was paid by the hour, the hourly rate cannot change.
Assuming the employee was paid by the hour, the number of hours worked by the employee may change so long as the position remains comparable to the one she held prior to the leave. In this sense, the hours could potentially be reduced by about 10%. A greater reduction makes it arguable that the new position is not comparable to the old one.
Another consideration is whether there is a written employment agreement between the parties that deals with changes is hours.
Regarding which days of the week or which hours of the day the employee must work, the question remains; is the position comparable. Assigning the employee to weekend or night shift work may not be a comparable position, especially considering that the employee now has child care obligations.
Changing an employees hours from full time to part time would not be a comparable position in most cases.
Regards,
Lluc Cerda
Lawyer