Live In Caregivers
LIVE IN CAREGIVER - REQUIREMENTS
A distinct language assessment factor has been introduced as subsection 203 (1.01) of the Immigration and Refugee Protection Regulations (IRPR). As a result, English and French are the only languages that can be identified as a job requirement both in LMIA applications and in job advertisements by employers, unless they can demonstrate that another language is essential for the job.
Employers must ensure that the caregiver being hired speaks, reads and understands at least one of Canada's official languages (English or French). Caregivers must have a level of fluency that enables them to communicate effectively and independently in an unsupervised setting.
Requirements are those for the Streams for Higher-skilled Occupations and for Lower-skilled Occupations depending on the position. Some occupations may require the foreign worker to be licensed by a professional body in order to perform the job (e.g. registered nurses).
Employers must ensure that the caregivers meet the requirements for the position they are being hired to perform.
Employers must provide proof that they or a dependant is in need of care. The documentation that must be submitted along with the application form includes proof of one of the following: (which ever is applicable according to the type of care required)
- age and parentage for each child under the age of 18 (provide one of the documents listed):
- long form birth certificate
- adoption order
- official guardianship, or
- medical doctor's note confirming the pregnancy and the due date
- age for each senior, 65 years or older (provide one of the documents listed):
- birth certificate
- passport, or
- Old Age Security identification card
- disability, chronic or terminal illness for each disabled, chronically or terminally ill person (provide one of the documents listed):
- completed Schedule H - Medical Disability, Chronic or Terminal Illness Certificate (EMP5600) form, signed and dated by the physician, or
- physician's note attesting that the patient has a disability, chronic or terminal illness
Employers must submit a copy of their Notice of Assessment from the CRA showing their financial ability to pay the caregiverâ€™s wages. In exceptional cases where the employer is not required to pay income tax in Canada, copies of paystubs, bank statements, personal work contract or other official documents can be submitted as proof of income.
Employers cannot under any circumstance require a caregiver (either lower-skilled or higher-skilled) to live in their home. However, if an employer and foreign caregiver decide that a live-in arrangement is the most suitable, for the needs of the person requiring care or to assist the TFW, there are certain criteria that must be met. Specifically, employers must ensure the:
- accommodation is being provided in the home of the person receiving care;
- accommodation is private and furnished bedroom;
- bedroom door has a lock and safety bolt on the inside;
- bedroom meets the municipal building requirements and the provincial/territorial health standards; and
- foreign caregiver is NOT charged room and board for the accommodations, as per the policy, under the TFWP.
- Employers must submit the completed Schedule J - Employer Supplied Bedroom Description form (EMP5599) with the application.
Employers of lower-skilled in-home caregivers, who are not providing live-in accommodations, must ensure that suitable and affordable accommodation is available to the TFW. In addition, these employers should be prepared to provide proof (e.g. newspaper ads) that affordable housing is available in the community where the TFW will be employed. Meanwhile, employers of higher-skilled in-home caregivers do not have to meet this requirement.
After you apply: get next steps â€“ Hire a live-in caregiver
Once you have hired a caregiver under the Live-in Caregiver Program, you must meet a number of conditions.
As an employer participating in the Live-in Caregiver Program, you must provide:
- acceptable working conditions
- reasonable duties
- fair market wages
- private accommodation, such as a room with a lock on the door, and
- a key to the house so that they have free access.
Your caregiver pays rent for a room in your home and is entitled to privacy. You should not enter the caregiverâ€™s room without permission. Your house is your employeeâ€™s home as well as his or her workplace. You should respect the caregiverâ€™s cultural or religious practices and discuss his or her needs.
A live-in caregiver is protected by employment standards legislation in most provinces and territories. For instance, they are entitled to:
- days off each week
- statutory holidays
- extra pay for overtime work, and
- a salary that meets at least the minimum wage.
It is your responsibility to find out what these standards are and to respect the laws of your province or territory..
Contact your provincial or territorial authorities to find out how to provide medical insurance for your employee. You may be required to pay premiums or a health tax on your employeeâ€™s behalf. You cannot deduct health premiums or taxes from their wages.
Live-in caregivers have the right to be covered under workersâ€™ compensation laws in most provinces and territories. You are responsible for arranging for your caregiverâ€™s compensation when they arrive in Canada.
Workersâ€™ compensation is an employerâ€™s insurance plan. You should ensure that your employee is covered in case he or she is injured on the job. Contact your local workersâ€™ compensation office for more information.
If you hire a live-in caregiver, you are required by federal law to register as an employer with the Canada Revenue Agency (CRA). When you register, the CRA will give you an information guide with the necessary forms and instructions.
You must give your employee a record of employment (ROE) when the employeeâ€™s work term with you finishes. You will not be able to get the ROE unless you are registered as an employer.
All employers in Canada must keep written records of workersâ€™ employment. You must keep records of an employeeâ€™s earnings and give them a statement of earnings with each pay cheque. The statement should show your employeeâ€™s gross and net pay, specific deductions, the purpose of these deductions, and the total hours worked (including overtime) during that pay period.
You must also give your employee a T4 slip for the previous yearâ€™s employment by the end of February each year. The T4 slip will show your employeeâ€™s total gross earnings and total deductions for income tax purposes. Your employee will require the T4 to file an annual income tax return.
You must deduct from your employeeâ€™s pay:
- income tax
- Employment Insurance premiums, and
- Canada (or Quebec, if applicable) Pension Plan contributions.
You must regularly remit these deductions to the CRA. Check with provincial or territorial authorities or the ESDC/Service Canada centre about other deductions such as workersâ€™ compensation and health insurance.
Room charges are calculated on a weekly or monthly basis, depending on the conditions of the employment contract. Whether you may deduct room and board directly from your employeeâ€™s pay cheque may be governed by provincial or territorial employment standards laws.
Charges for meals not eaten by your employee in your home cannot be deducted from his or her pay.
Your caregiver may have trouble adjusting to living in a private home in a new country. Although the relationship between you and your employee is a professional one, you should do all that you can as an employer to help them adjust to life in Canada. You can refer your employee to agencies or other organizations that may offer support.
If your employee is unwilling or unable, without just cause, to perform the job duties as stated in the contract, you can terminate the contract.
You may have agreed in the contract to give a notice of termination. If you cannot give the caregiver notice as per the contract, you can pay the employee for the period the notice would have covered. Whether or not your contract requires you to give notice or pay in lieu of notice, you may be liable for it under provincial or territorial laws.
You must notify the ESDC/Service Canada centre if you no longer need the services of your caregiver.
LIVE IN CAREGIVER - THINGS YOU SHOULD KNOW!
Employers applying for a labour market impact assessment (LMIA) must pay the TFW at a minimum, the posted prevailing wage for the occupation and work location where the TFW will be employed.
Use the job title of the available position and conduct a search on Job Bank to determine the median wage for the occupation and work location where the TFW will be employed.
- If the median wage is available on Job Bank, employers must pay the worker a wage that is equal or above that median wage for the economic region where the work will be located.
- If the median wage is listed as â€œN/Aâ€ for the local area (economic region) where the work is located, employers should consult the provincial/territorial level wage. If this wage is not available, employers should consult the national wage.
Under the Temporary Foreign Worker Program, the prevailing wage rate is identified as the median hourly wage (or annual salary as published on Job Bank) or higher for the particular occupation and work location. Employers must also ensure that they include the wage being paid for the position, as part of their advertisement of the available position.
Employers must review and adjust (if necessary) the TFWâ€™s wage after 12 months of employment to ensure the worker continues to receive the prevailing wage rate of the occupation and work location where the TFW is employed.
In addition, employers must ensure the wage offered to the TFW is not below any:
- Applicable federal or provincial/territorial minimum wage rates. If a provincially regulated wage for a specific occupation is greater than the wage posted on Job Bank, then the regulated wage will apply. As a result, employers must ensure they use this wage in all advertisements and on their application, in order to receive a positive assessment; or
- Wage schedules set by provincial/territorial legislation (e.g. Manitoba Construction Industry Wages Act).
- Employers offering a wage that is below the prevailing wage rate will be considered as not meeting the labour market factor for the assessment of wages and therefore, will be issued a negative LMIA.
Canadian law protects all workers in Canada, including TFWs. The exploitation of a TFW is considered a violation of Canadian laws and human rights.
- pay workers for all work (including overtime, where required by law);
- make sure that the workplace is safe; and
- allow for proper break time and days off.
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