An employee is returning to work after pregnancy and parental leave and her old job no longer exists. Do I have to keep her on?
• The Employment Standards Act says that when the leave ends, an employee must be returned to her former position or to a comparable position. If that position no longer exists and there is no comparable position, the returning employee can be laid off but must be given working notice or termination pay from the date she was scheduled to return to work. Termination notice cannot be given while an employee is on a leave allowed under the Employment Standards Act. Hours of Work and Overtime • One of my employees has approached me and requested they be allowed to work extra hours over and above their normal 40 hours per week. Since I am agreeing to allow the employee to have the extra shifts they have agreed to work them at their regular rate of pay. Is this acceptable? • If you require or allow an employee to work in excess of 40 hours per week you must pay them overtime. Even if the employee agrees to forego the overtime initially, you as the employer would still be liable for the overt
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