Country Selector
Last updated on: September 29th, 2023
Labor Requirements
The Labour Law in Yukon is regulated mainly by The Employment Standards Act, of 2002. The Act requires all employers to establish conditions of employment that meet at least the legislated minimum standards in areas such as hours of work, minimum wage, leave entitlements, termination of employment, etc.
Hours & Pay Regulations
Normal Working Hours
The standard hours of work of an employee shall not exceed 8 hours in a day and 40 hours in a week (exclusive of overtime). The Employment Standard Act §§ 6 & 7.
Averaging of hours – If the nature of the work requires an employee’s hours of work to be unevenly spread out, the labor authority has the power to decide that the regular weekly working hours for that employee can be averaged over a period of two or more weeks.
Additionally, if a trade union represents an employer’s employees for collective bargaining and both the employer and the trade union mutually agree in writing, the Labor Authority can similarly order that the standard weekly working hours for those employees can be averaged over a period of two or more weeks. This will be in accordance with the terms specified in the order.
Split Hours – If an employee has a split shift, the employer must ensure that the employee’s regular working hours are within the 12-hour duration immediately following the beginning of the shift. If the employer and the director are content that the employee has agreed to it, a split shift exceeding 12 hours can be authorized. In such cases, the employee can work their standard hours at any point during the split shift as specified in the order. The Employment Standard Act §§ 10.
Short Work Week – An employee or a majority of a group of employees may, as part of a collective agreement or if there is no collective agreement, in a written agreement between the employee or group of employees and the employer agree that the employee or group of employees may work a regular day of work in excess of 8 hours but not in excess of 12 hours provided that the total hours of work of each employee shall not exceed 80 hours in a two week period.
If an employer requires or permits an employee to work in excess of 80 hours in a two-week period, the employer shall pay the employee 1.5 times the employee’s regular wages for all hours worked in excess of 80 hours. The Employment Standard Act §§ 11.
Call in – When an employee reports to work at the call of the employer or at the employee’s regular shift, the employer shall pay the employee wages for at least 2 hours of work, whether or not the employer requires the employee to work part or all of the 2 hours.
These wages must be paid at a rate not less than the employee’s regular wage rate and then at a rate not less than the overtime rate(equal to 1.5 times the employee’s regular wage rate) when overtime becomes payable to the employee as per the working hour’s rule.
Exceptions – An employer is not required to pay the employee when
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- when the employer calls the employee to work but is unable to provide work due to conditions beyond the employee’s control;
- where the employee is unfit to perform their duties;
- where the employer has given or tried to give reasonable notice to the employee not to report for work;
- where the work done by the employee is adjoining the employee’s regular shift and the employer calls on the employee to work part or all of that regular shift and the employee works for at least 2 hours;
- where the government authority has exempted the employer because the nature of the work done by the employee is such that they are usually required to report for periods of less than 2 hours.
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Reporting Pay Order (O.I.C. 1991/113).
Recording Requirements – An employer shall maintain and keep the records for a period of 12 months after work is performed or services are provided by an employee as follows:
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- the employee’s name and address;
- the number of hours worked by the employee in each day and each week;
- the employee’s wages, gross earnings, and deductions;
- the overtime accumulated by the employee each week;
- the time off with pay instead of overtime pay accumulated and taken by the employee each week;
- the duration of annual leave taken by the employee;
- the other leaves of absence taken by the employee; and
- the conditions of employment of the employee and the employer shall not change time records completed by an employee without notifying the employee.
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Every employer shall keep the records in their principal place of business in the Yukon. The Employment Standard Act §§ 62.
Overtime
Any work performed beyond 8 hours in a day and 40 hours in a week is considered overtime work.
Overtime Pay – An employee is entitled to receive overtime pay at a premium rate of 1.5 times the employee’s regular rate of pay.
The employer must provide reasonable advance notice to employees required to work overtime beyond their regular hours.
Compensatory Time off in Lieu – A written agreement between the employee and the employer may agree that wholly or partly instead of overtime pay, the employee will take time off with pay instead of overtime pay.
The written agreement between the employer and employee must include the amount of overtime pay, or time off in lieu requirement if agreed between the employer and employee. It shall also state that if the employee is not provided with time off in lieu of overtime, the employee shall be entitled to overtime pay.
Note: Time off with pay instead of overtime pay provided by an employer shall be considered working hours. The Employment Standard Act §§ 8 – 10.
Overtime Pay during General Holiday – If a week includes a public holiday for which an employee is eligible, the hours specified for that week will be decreased by 8 hours for each public holiday occurring within the week. Additionally, when calculating an employee’s overtime hours for that week, any hours worked by the employee on the public holiday will not be considered.
The employer must reasonably attempt to inform an employee who is obligated to work overtime about this requirement in advance. In the event of an emergency, the employer has the authority to compel an employee to work overtime with less notice than typically required.
An employee has the right to decline overtime work for valid reasons. However, it is mandatory for the employee to formally communicate both the refusal and the underlying reason for refusing to the employer in writing. The Employment Standard Act §§ 11.
Breaks
An employer shall ensure that each employee has an unpaid meal break of at least 30 minutes at intervals that will ensure that:
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- If the employee works 10 hours or less on the day in question, then the employee will not work longer than 5 consecutive hours between eating periods; and
- If the employee works more than 10 hours on the day in question, then the employee will not work longer than 6 consecutive hours between eating periods.
For the purpose of computing the hours worked by an employee, the period allowed the employee to eat shall not be counted as hours worked unless the employee is required to work during those periods. The Employment Standard Act §§ 13.
Daily Rest Period – An employer shall ensure that each employee has a rest period of at least 8 consecutive hours free from work between each shift except for an emergency.
The continuous 8-hour rest period can be shortened to 6 consecutive hours if the Labor Authority considers it necessary due to a request from the employer based on business needs. The Employment Standard Act §§ 14.
Weekly Rest Day – An employee is entitled to receive weekly rest from their work. An employer shall provide with at least 2 full days of rest in a week and wherever practicable Sunday shall be one of the normal days of rest in the week. If the employer requires or permits the employee to work regularly in excess of the daily standard hours of work, the employer –
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- may require the employee to work up to 28 continuous days without a day of rest; and
- may require the employee to work up to 7 more days continuously with the period of 28 days when the additional work is necessary in order to complete the project on which the employee was employed during those 28 days.
The Employment Standard Act §§ 12.
Work On Rest Days
If the employee is required to work on a rest day as provided above, they shall be entitled to:
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- at least one day of rest for each continuous 7 days of work; and
- take the employee’s accrued days of rest continuously with each other.
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The Employment Standard Act §§ 12.
Public Holidays
An employee in Yukon is entitled to 11 public holidays as follows:
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- New Year’s Day,
- Good Friday,
- Victoria Day,
- National Aboriginal Day,
- Canada Day,
- Discovery Day,
- Labour Day,
- National Day for Truth and Reconciliation
- Thanksgiving Day,
- Remembrance Day; and
- Christmas Day
- and includes any day substituted for any such general holiday.
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Pay – An employee is entitled to receive a holiday with pay in respect of every general holiday falling within any period of their employment. If a general holiday falls on a day that is a non-working day for an employee, the employee is entitled to and shall be granted a holiday with pay on the working day immediately following the general holiday.
General Holiday Pay Entitlement
The amount an employee must be paid as general holiday pay depends on whether they work regular hours and how they are paid.
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- An employee who works regular hours and is paid an hourly rate must be paid the equivalent of their regular rate of pay for their normal hours of work. For example, an employee who works 8 hours per day, which never varies, is entitled to 8 hours of pay.
- An employee who works regular hours and is paid a salary must be given a day off without a reduction in their normal salary.
- An employee who works regular hours and is paid a commission or on a piece work basis must be paid their average daily wage, exclusive of overtime or bonus, earned in the week of the holiday.
- An employee who works less than the standard hours or who works irregular hours must be paid general holiday pay of 10% of the wages (excluding vacation pay) earned for the hours worked in the 2 calendar weeks immediately prior to the week in which the holiday falls. This would include any overtime earned during that period.
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Calculation of Wages for Working on a Holiday
If an employee is required to work on a day that is a holiday under this Part, the employee shall, in addition to the regular payment made:
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- Be paid not less than the applicable overtime rate equal to 1.5 times the employee’s regular wage rate, for all hours worked on that day; or
- Be paid their regular rate of pay for the hours worked on that day and be given a day off which may be added to the employee’s annual vacation or granted as a day off at a time convenient to the employer and employee.
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Note: An employee is entitled to both general holiday pay and the applicable overtime(equal to 1.5 times the employee’s regular wage rate) if they work on the statutory holiday, even if worked for an employer for less than 30 days.
Substitution of other Non-Working Days – An employee who is not required to work on a general holiday shall not be required to work on another day that would otherwise be a non-working day in the week in which that holiday occurs, unless paid at a rate at least equal to the applicable overtime rate (equal to 1.5 times of the employee’s regular wage rate).
Exceptions
An employee is not entitled to be paid for a general holiday on which the employee did not work:
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- If the general holiday occurs during the first 30 calendar days of the employee’s employment by the employer;
- If the employee did not report to work on the general holiday after having been called into work on that day;
- If the general holiday fell on a day when the employee had already been absent for 14 consecutive days immediately before the holiday on a leave of absence without pay requested by the employee; or
- If, without the consent of their employer, the employee had not reported for work on either the last scheduled working day preceding or the first scheduled working day following the general holiday, except when the employee’s absence was permitted.
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The Employment Standard Act §§ 28-35.
Annual Leave
Duration of Annual Leave – Every employee is entitled to and shall be granted annual leave with pay of at least 2 weeks in respect of every completed year of employment.
Timing of Annual Leave – The employer must provide the employee with their annual leave entitlement by October 31 of the second year of their employment.
Annual Leave Pay – Annual leave pay is calculated as at least 4% of an employee’s gross wages. Annual leave requirements may be altered by written agreement between employer and employee, but the employer must pay the employee annual leave pay in addition to any other amount due for the time entitled for an annual leave. The employee must receive their annual leave pay no later than one day before they take their annual leave time.
Annual Leave Upon Termination of Employment – If an employee’s employment is terminated before a year is completed, the employer must pay the employee all their earned annual leave pay within seven days from the date the employment ended.
Annual Leave coinciding with Public Holiday – If a general holiday occurs during the annual leave granted to an employee, the annual leave to which the employee is entitled shall be extended by one day, and the employer shall pay to the employee, in addition to the annual leave pay, the wages to which the employee is entitled to that general holiday. The Employment Standard Act §§ 19-27.
Minimum Wage
As of April 1, 2023, the minimum wage is $16.77 per hour. All employers must pay employees the hourly minimum wage or higher.
The minimum wage is subject to change and may not be up to date. Kindly access the link to get the current wage rates.
Meal Breaks
An employer shall ensure that each employee has a meal break of at least 30 minutes at intervals that will ensure that:
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- If the employee works 10 hours or less on the day in question, then the employee will not work longer than 5 consecutive hours between eating periods; and
- If the employee works more than 10 hours on the day in question, then the employee will not work longer than 6 consecutive hours between eating periods.
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For the purpose of computing the hours worked by an employee, the period allowed the employee for eating shall not be counted as hours worked unless the employee is required to work during those periods. The Employment Standard Act §§ 13.
Special Leave
Employees are entitled to a period of 17 consecutive weeks or any shorter period the employee requests and the employer agrees to as unpaid maternity leave. An employee is entitled to maternity leave without pay if the employee has completed 12 months of continuous employment by the employer.
An employee is required to provide written notice at least 4 weeks prior to the intended start date of their leave. This notice should include the specific day the leave is meant to begin and the anticipated return-to-work date.
The employee needs to provide the employer with a certificate from a qualified medical practitioner, qualified nurse practitioner, or qualified registered midwife confirming the pregnancy and estimating the expected childbirth date.
An employee who wishes to return to work before the designated leave period ends, must secure the employer’s consent. Alternatively, they can choose to return by offering the employer a written notice of four weeks prior to the intended return date. The Employment Standard Act §§ 36-37.
An employee who has completed 12 months of continuous employment with an employer is entitled to parental leave without pay for a period of up to 63 weeks when the employee:
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- Becomes the birth mother of a child;
- Becomes the birth father of a child, or assumes the care and custody of the employee’s new-born child, or of their or their spouse’s new-born or adoptive child; or
- Adopts a child under the laws of the Yukon or of a province and submits to the employer a written request for leave under this section at least four weeks before the day on which the employee intends to begin the parental leave.
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The employee must complete the parental leave no later than 78 weeks after the birth or adoption of the child or of the date on which the child comes into the employee’s care and custody.
An employee who has requested a leave of absence for a period under this section may return to work before the period is over with the consent of their employer, or by giving to their employer four weeks’ notice in writing of the day they intend to return to work. The aggregate amount of parental leave that may be taken in respect of an event described above:
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- In the case of leave being taken by one employee only, is not to exceed 63 weeks;
- In any other case, it is not to exceed 71 weeks.
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Both parents may take parental leave at the same time if the employee who is first on parental leave cannot reasonably be expected to care for the child by themselves because of injury, illness, or death, or other hardship in the family.
Maternity and Parental leave must be Continuous
If an employee intends to take parental leave in addition to maternity leave, the employee must begin the parental leave immediately on expiry of the maternity leave without a return to work after the expiry of the maternity leave, unless the employer and employee otherwise agree, or an applicable agreement otherwise provides. This does not apply to an employee who returned to work from maternity leave before this Act comes into force. The Employment Standard Act §§ 38-40.
Duration of Sick Leave: An employee is entitled to 1 day of sick leave for every month they have worked, up to a maximum of 12 working days per year of unpaid sick leave.
Medical Certificate: An employer may require that the employee submit a certificate from a qualified medical practitioner or nurse practitioner.
Carryforward: Unused sick leave cannot be carried over to another year.
New Programme: April 1, 2023, until March 31, 2025 – Paid Sick Leave Rebate for employees and self-employed employees.
Duration of Sick Leave: An employee is entitled to up to 40 hours of wages for eligible workers who are sick with illness (or injury not covered by any other act, benefit, or program) under Paid Sick Leave Rebate.
Eligibility Criteria of Sick Leave: Employees must have worked for the employer for at least 90 days consecutively in the year prior to the 1st day of leave. Returning seasonal workers who are Yukon residents (such as university students) may count days worked in the previous season towards this total.
This program applies only to Yukon employees of Yukon employers whose regular hourly wage is less than or equal to the average Yukon private sector wage of $33.94 per hour. Employees must first use all paid sick leave available to them annually through their employer.
Sick Leave Pay: An employee is entitled to receive pay at their regular wages by the employer. The employer will then apply to the Government of Yukon for a rebate to cover those costs.
Sick Leave Rebate: Employers will be responsible for filing rebate applications. This will include documents like a copy of their business license or society registration, a copy of the employee’s most recent pay stub, and an affirmation from the employer that the employee was unable to work due to illness and that the employer is using the program in good faith.
Medical Certificate: The employee must provide a medical certificate to the employer that states the estimated duration of the leave. A medical certificate may be issued by a nurse practitioner or physician The application and supporting documentation must be submitted within 30 days of the claimed sick leave period
Carryforward: Unused sick leave cannot be carried over to another year. The Employment Standard Act §§ 59.
If an employee’s family member dies, the employee is entitled to and shall be granted bereavement leave without pay for up to one week provided that the funeral of the employee’s family member falls within that week. The Employment Standard Act §§ 60.
Every employee is entitled to and shall be granted a leave of absence from employment of up to 28 weeks to care for or support to a family member of the employee if a qualified medical practitioner or qualified nurse practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks from the day the certificate was issued.
The leave shall begin on the first day when the medical certificate was issued and shall end with the last day of the week in which either of the following occurs:
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- the family member dies; or
- the expiration of the 52 weeks from the first day of the week when the leave began.
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A leave of absence may only be taken in periods of not less than one week’s duration. The aggregate amount of leave that may be taken by two or more employees under this section in respect of the care or support of the same family member shall not exceed 28 weeks in the period referred.
If requested in writing by the employer either before the employee begins their leave or within fifteen days after the employee returns to work, the employee must provide the employer with a copy of the certificate. The Employment Standard Act §§ 60.01.
An employee who has completed six months of continuous employment with an employer and who is a family member of a critically ill child is entitled to a leave of absence from employment without pay for a period of up to 37 weeks in order to care for or support that child if a qualified medical practitioner or qualified nurse practitioner has issued a certificate that states the child is a critically ill child and requires the care or support of one or more of their family members, and sets out the period during which the child requires that care or support.
The leave shall start on the first day of the week when the medical certificate was issued and shall end on the last day of the week in which either of the below occurs:
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- the child dies; or
- the expiry of the 52 weeks following the first day of the week when the leave began.
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If the employee is a family member of, and is caring for or supporting more than one critically ill child at the same time, the period during which the employee may take a leave of absence starts on the first day of the week in which the first certificate is issued in respect of any of the children; and ends on the last day of the week in which either of the following occurs –
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- the child dies; or
- the expiry of the 52 weeks following the first day of the week when the leave began.
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The aggregate amount of leave that may be taken by two or more employees in respect of the same child or the same children who are critically ill as a result of the same event must not exceed 37 weeks, as the case may be. A leave of absence may only be taken in periods of not less than one week’s duration. The Employment Standard Act §§ 60.02.
An employee is entitled to a leave of absence from employment without pay for a period of up to 17 weeks if the employee has completed six months of continuous employment with an employer; is a family member of a critically ill adult; requires the leave to care for or support the adult; and has a certificate issued in respect of the adult.
The certificate has to be issued by a qualified medical practitioner or qualified nurse practitioner which states that the adult is a critically ill adult and requires the care or support of one or more of their family members and, sets out the period during which the adult requires that care or support. The period during which the employee may take a leave of absence starts on the first day of the week in which the certificate is issued; and ends on the last day of the week in which either of the following occurs:
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- The critically ill adult dies,
- The expiry of 52 weeks following the first day of the week.
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The aggregate amount of leave that may be taken by two or more employees in respect of the same critically ill adult is not to exceed 17 weeks during the period referred above. A leave of absence under this section may be taken only in periods of not less than one week’s duration.
An employee who wishes to take a leave of absence under this section must give the employer notice in writing at least two weeks before the leave starts unless the circumstances necessitate a shorter period. The employee must give the employer a copy of the certificate. The Employment Standard Act §§ 60.02.01.
An employee who has completed six months of continuous employment with an employer is entitled to a leave of absence from employment without pay for a period of up to 104 weeks if the employee is the parent of a child who has died and it is probable, considering the circumstances, that the child died as a result of a crime.
An employee who has completed six months of continuous employment with an employer is entitled to a leave of absence from employment without pay for a period of up to 52 weeks if the employee is the parent of a child who has disappeared and it is probable, considering the circumstances, that the child disappeared as a result of a crime.
The period during which an employee may take leave begins on the day, on which death or disappearance, as the case may be occurs, and ends:
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- In the case of death, 104 weeks after the day on which death occurs; or
- in the case of disappearance, 52 weeks after the day on which the disappearance occurs.
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A leave of absence for this purpose may only be taken in periods of not less than one week’s duration. An employee who wishes to take a leave must give the employer notice in writing at least two weeks before the leave starts unless the circumstances necessitate a shorter period.
The aggregate amount of leave that may be taken by two or more employees in respect of the same death or disappearance of a child, or the same children who die or disappear as a result of the same crime, must not exceed 104 weeks in the case of death or 52 weeks in the case of disappearance. The Employment Standard Act §§ 60.03.
An employee who is a member of the reserve force and has completed six consecutive months of continuous employment with an employer or a shorter period that is prescribed for a class of employees to which the employee belongs is entitled to a leave of absence from employment to take part in the following operations or activities:
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- An operation in Canada or abroad including preparation, training, rest or travel from or to the employee’s residence that is designated by the Minister of National Defence;
- An activity set out in the Regulations;
- Annual training for the prescribed period or, if no period is prescribed, for a period of up to 15 days;
- Training that they are ordered to take by the National Defence Act (Canada);
- Duties that they are called out on service to perform as per the National Defence Act (Canada);
- Service in aid of a civil power
- Treatment, recovery or rehabilitation in respect of a physical or mental health problem that results from service in an operation or activity.
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Reserve Force – Annual Vacation – Despite any term or condition of employment, an employee may postpone their annual vacation until after the day on which a leave of absence that is taken for the reserve force ends. The Employment Standard Act §§ 60.05 – 60.13.
An employee is eligible for consecutive 4 hours paid off from work for the purpose of voting.
An employer does not have an obligation to provide time off from work where the required number of consecutive hours falls outside an employee’s hours of work and within the voting hours. Election Act Yukon, §§ 309.
An employee is entitled to up to 5 days of domestic or sexual violence leave every calendar year, whether they are employed on a full- or part-time basis. The 5 days of domestic or sexual violence leave do not have to be taken consecutively.
An employee who has been employed with the same employer for a continuous period of 3 months is entitled to additional domestic or sexual violence leave as follows –
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- 5 days of paid leave, which can be taken in part or continuous.
- up to 15 weeks without pay.
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Pay: An employee shall be entitled to receive 5 days of paid leave at their regular rate of pay.
An employee who requests a leave of absence must give the employer reasonable notice as early as possible. An employer may require an employee who requests a leave of absence to provide the employer with notice of the leave in the form approved by the Labor Authority. The Employment Standard Act §§ 60.03.01.
