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Hi everyone!
Quick question for those providers in Ontario. What happens if Boxing Day falls under a Saturday? Do we get the Monday off is it just a tough luck type of thing since it fell under the weekend and we miss out on a star day?
Please help :)
I have it in my contract that if a stat holiday falls on the weekend, I take the Monday after in lieu of the holiday. Even if I didn't, I would still take the day, as all my families have at least one parent off that day :)
As a self employed person you are not covered by the Employee Standards Act so are technically not "entitiled" to anything. You need to make sure your contract covers any and all holiday scenarios in which you will require payment.
Labour Standard rule not apply to self-employed, only to employer/employee relationship. What happen for Boxing day will depend on your personal contract.
If you missed this, then sort for next year because it happen again.
Like others, it's in my contract that if a holiday falls on a weekend, I will be off the following Monday in lieu of
I've never had it written in my contract that if a stat fell on a wkend I get the follow mon off. It's just common sense in my area. Everyone else that works gets the mon off so I take it as well. No one ever questioned me on it yet and just know I'm closed the Monday if a stat was on the sat or sun.
But if they wanted to argue it, and they can because we self-employed, should have it covered.Quote:
Originally Posted by babydom
Yes correct
If you are closed on stat holidays then I'm not sure why you need to set it place that you would take it off in the following Monday if the stat automatically falls on a Monday? How does this stat holiday thing work? Does everyone that normally gets Boxing Day off if it fell during the weekly automatically get Monday off? If so then it's an automatic stat and if they question it its all over the Internet the Monday falls under a stat?
Quote:
Originally Posted by Suzie_Homemaker
But she can also argue the fact that she is self employed and due to that she can do as she sees fit because at the end it's her business and therefore if they don't like it they can leave. If it wasn't common for people to get it off in all honesty I would stay open that day but if every Ne gets it off just like every other start day then too bad
Yes, and she can put in her contract. But if it not in her contract and it only say she closed on the stat on Saturday or Sunday, then closing on Monday, is not their agreement. Yes, if they don't like it they can leave BUT provider has broken the contract not parent, provider not get notice because contract broken and no longer valid. They can leave, no notice, and get refund for deposit if it normally applied to last week of care because they did NOT agree to extra day closed and it provider breaking agreement.Quote:
Originally Posted by ottawamommy
No self-employed person not entitled to sick, holiday or stat pay. If they make it condition of contract, when parent sign, then that binding. But if it not in the contract, they can't just introduce it. This not part of agreement parent signed.Quote:
Originally Posted by ottawamommy
Closing on Monday, if not a contract term, means provider not available and not entitled to pay. If provider says they can leave, then it provider broken agreement not parent.
If you employee, then in Canada, there rules to make sure employer not taking advantage. These called Labour Standards. It make sure people paid living wage and work in reasonable conditions. But Labour standard rule not apply to self-employed. We make contract, parent agree and sign. If we miss out detail, that on us. We can't force changes on parent. We can give notice and end agreement or we can abide by contract. Just as parent have to follow contract, so do we. If it missed out, we not allowed to just change on whim and force change on client.
Boxing Day NOT stat in every Province, only some.
If an employee has to work on stat, then they get another day off. Employee meant to get stat off but depend on job, not always possible. If stat fall on weekend for employee, who would normally have extra day, they get another extra day, normally Monday but can be other.
The Monday not become a stat. It a day off in lieu of the stat that fell on weekend. But as explained, it Labour standard rule and not apply to self-employed.
Section 7 Labour Standard http://www.labour.gc.ca/eng/standard...holidays.shtml
Then self employed (which called Independant Contractor) Section call Benenfit http://www.canadaone.com/ezine/oct11...tor_guide.html
It's always best to have it in writing as this lays it all out and both parties know exactly what their rules are.
I've always just asked parents to date cheques for the day before if it fell on a holiday but somehow missed putting this in my contract. It so rarely happens and Nobody ever questioned it or gave me grief over it but I've added it to my contract now....there is always the possibility that a parent will say "but the contract says this..." And they'd be right!
My contract states that the wk between Christmas and New Years I am closed and it's a paid wk. I take it as one of my paid holidays. So even is Boxing Day fell on sat it doesn't matter about the mon because I'm closed next wk anyways :)
If you only get so many paid holiday days than you could technically only use 4 instead of 5 if you get stats off paid though right?Quote:
Originally Posted by babydom
Yes I guess. But I don't put it as days I put it as wks. So in my contract I don't say I get 15 days off paid for holidays. I just write when I'm closed. I'm closed and pay is still required on the last wk of July, first wk of sept and the wk between Christmas and new yrs. is how I have it in my contract. So technically next wk mon is the stat and fri is a stat, new yrs day, so they only end up paying three holiday days.
I took monday off and it wasn't an issue with any of my families so it worked out great :)
This year Christmas and New Years day fall on a weekend. I"m going to have to send an email to parents that I"m taking an extra 2 days off in lieu of those holidays falling on a weekend. It's not in my contract, but I'm going to add it ASAP!