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Domestic Workers (Live-In Nannies)


Domestic workers often live and work in their employer’s home, caring for members of the household, or managing the employer’s private residence.   Some domestic workers are exempt from certain parts of The Employment Standards Code.





What are domestic workers?

Domestic workers are employed mainly to perform activities such as cleaning, laundering, cooking, gardening, and other such activities, in the employer’s private residence.  Employees who live in homes to take care of, or supervise, a member of the employer’s household, while residing in the employer’s residence are also domestic workers (including live-in nannies).


Are domestic workers covered by Employment Standards legislation?

Domestic workers who work more than 12 hours per week are covered by all aspects of The Employment Standards Code, although they are entitled to a longer period of rest each week than most other employees. 

Domestic workers who work less than 12 hours per week, and persons who care for, or supervise a member of the household in their employer’s residence, but do not live with the employer are not covered by most areas of The Employment Standards Code, except for unpaid leaves and the employment of children.  More information can be found on the Young Employees and Unpaid Leaves fact sheets


What is the minimum wage?

Effective October 1, 2014 minimum wage increased from $10.45 to $10.70 per hour.


Do domestic workers get a day of rest?

Employers must ensure domestic workers get 36 consecutive hours of rest each week where they are free from all work duties.                       

If requested, domestic workers may agree to work during their rest period; however employers must:

  • Pay overtime wages for these hours (whether or not they are hours of overtime), or
  • Lengthen one of the rest periods by the number of hours worked within the next 8 weeks.

Are domestic workers paid for overtime?

Domestic workers get overtime pay like other employees. Time that is free from work duties, such as eating, resting, sleeping, or attending to private business or interests, is not included in the calculation of overtime because it is not time that has been worked. More information can be found on the Overtime fact sheet.


Can employers charge for room and board?

Employers can charge for room and board and employees can agree to have those charges deducted from their wages. The amount employers can charge for room and board is limited. The deductions for room and board cannot reduce an employee’s earnings below minimum wage for the pay period by more than $7 per week for the room and by more than $1 for each meal.

More information can be found on the Deductions fact sheet.


Can employers charge for uniforms?

Employers can require employees to wear a uniform; however, they cannot make an employee pay for it.  Uniforms are usually clothing that is unique to a business, identified with the employer’s logo, symbol, name, or colours; making it of no practical use outside of that workplace. Employees often have no choice in style, colour, or where to buy it. For more information on required clothing see the Deductions fact sheet.


Do domestic workers get vacations?

Just like most other employees, domestic workers are entitled to vacations. Domestic workers are entitled to a minimum of two weeks of vacation each year after completing one year with the employer and must be paid 4% of their regular wages as vacation pay. After completing the fifth year with the same employer, domestic workers are entitled to a minimum of three weeks of vacation and 6% vacation pay.  More information can be found on the Vacations & Vacation Pay fact sheet.


Do domestic workers get general holidays?

Domestic workers are entitled to have the day off and to be paid general holiday pay, which is calculated at 5% of their gross regular wages in the 28 days before the general holiday.  If they work, they are entitled to 1 ½ times their regular wages for the day or another regular day off with pay within the next 30 days. More information can be found on the General Holidays fact sheet.


What are the general holidays in Manitoba?

There are eight general holidays throughout the year:

  • New Year's Day
  • Louis Riel Day (3rd Monday in February)
  • Good Friday
  • Victoria Day
  • Canada Day
  • Labour Day
  • Thanksgiving Day
  • Christmas Day

Most employees are paid general holiday pay for these days whether they work or not. 

General Holiday

2013

2014

2015

New Year's Day

January 1

January 1

January 1

Louis Riel Day

February 18

February 17

  February 16

Good Friday

March 29

April 18

April 3

Victoria Day

May 20

May 19

May 18

Canada Day

July 1

July 1

July 1

Labour Day

September 2

September 1

September 7

Thanksgiving Day

October 14

October 13

October 12

Christmas Day

December 25

December 25

December 25

 


Are domestic workers protected during unpaid leaves?

All domestic workers have the same job protection as other employees when taking unpaid leave. More information can be found on the Summary of Unpaid Leaves fact sheet.


For more information contact Employment Standards:

Phone:     204-945-3352 or toll free in Canada 1-800-821-4307

Fax:           204-948-3046

E-mail:     employmentstandards@gov.mb.ca

Website:  www.manitoba.ca/labour/standards

This is a general overview and the information used is subject to change. For detailed information, please refer to current legislation including The Employment Standards Code, The Construction Industry Wages Act , The Worker Recruitment and Protection Act, or contact Employment Standards.



Date Published: November 14, 2014

 

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