Human Resources
G IVI N G YOUR S TAFF A BR E AK
M
any chiropractic clinics employ hourly and salaried staff members to help in the
operation of the practice and the treatment of patients. Recently, David Mills,
a partner at the law firm of Mills and Mills LLP, conducted a webinar focused on an
array of compliance obligations chiropractors have as employers.
Specifically, this webinar covered the
Employment Standards Act, 2000 (ESA) and
a recent amendment to the Occupational
Health and Safety Act dealing with violence
and harassment in the workplace, known
as Bill 168. The full webinar is available on
demand on the OCA website for viewing
at your convenience. This article sets out
some general information regarding some
of the entitlements provided under the
ESA.
The ESA is a comprehensive piece
of legislation that sets out the rights
and obligations of both employees and
employers in Ontario. As discussed in
previous articles, there are a number
of differences and similarities between
individuals who work with you as
independent contractors versus as
employees. In addition, certain types
of employees are exempt from certain
provisions of the ESA. Generally speaking,
chiropractors are exempt from the majority
of the protections set out in the ESA or
have special rules applied. Other employees
— like receptionists or bookkeepers — are
completely covered by the ESA.
Which ESA Protections Apply to
Chiropractors?
Many of the most commonly known
ESA protections such as minimum
wage, time off for public holidays and
limitations on hours of work do not apply
to chiropractors. Depending on the size
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of his or her employer, a chiropractor may
be entitled to take Personal Emergency
Leave under certain circumstances —
for example, in the event of family
emergencies. However, unlike most other
employees, chiropractors are only entitled
to take such leave if it does not interfere
with their professional responsibilities.
Chiropractors are entitled to severance pay,
notice of termination and termination pay.
Which ESA Protections Generally
Apply to Clinic Staff?
Wages:
Employees are entitled to regular recurring
pay periods, typically weekly or biweekly,
and recurring pay days. Currently, the
legislated minimum wages in Ontario are
$10.30 hourly for students and $11.00
hourly for most others.
Hours of Work:
In most cases, the daily limit on employee
work time is eight hours. Employees
can generally be required to work up
to 48 hours in a work week. However,
overtime pay is required for each hour
worked in excess of 44 hours. In certain
circumstances, an employee may be
required to work more than 48 hours
in a work week — for example, if a
written agreement is established with the
employee and is approved by the Director
of Employment Standards. This is not
a terribly onerous process and can be
completed online (http://www.labour.gov.
on.ca/english/es/forms/hours.php).
Daily Rest Periods & Time Off Between
Shifts:
The ESA requires that employees have
at least 11 consecutive hours free from
performing work each day and at least
eight hours free from performing work
between shifts. There is an exception to
this rule if the total number of hours
worked in two successive shifts does not
exceed 13 hours. This allows for a “split
shift” in which a staff member works for a
few hours over the lunch period and then
returns to work another short shift over
the evening rush. This is very common
in service industries, such as restaurants.
Weekly and bi-weekly rest periods are also
required, wherein employees have at least
24 consecutive hours off in every work
week or at least 48 consecutive hours off
in every period of two consecutive work
weeks.
Eating Periods:
Employees must not be required to work
more than five consecutive hours without
receiving a 30 minute eating period during
which they are not required to work. If the
employer and employee agree, this time
can be split into two eating periods within
the consecutive five hours, as long as such