Hi Team,
I apologize - actually from everything I've read and understand Quebec is
legally required to provide "reasonable notice" for cancellations but there
doesn't seem to actually be a mandated specific number of hours. That being
said, common and recommended practice is 24 to 48 hours notice.
I think as long as you have cancelled this caregiver with 24 hours notice
you are not obligated to pay her however if you are charging the client
anyways I would still say that best practice is to pay the caregiver for 3
hours (if you choose to do so despite not being obligated I would make sure
she understands that this is not actually required but that you
understand it's short notice and are doing so in a best effort to support
her).
Thanks,
Kathryn
On Fri, Apr 11, 2025 at 10:24 AM Timothy Thomas <tt@thekey.com> wrote:
> FYI The notice requirement in Quebec is only 24 hours.
>
> On Fri, Apr 11, 2025 at 10:15 AM Kathryn Nester <knester@thekey.com>
> wrote:
>
>> Hi Joey,
>>
>> As best practice, if you are charging the client anyways then I would pay
>> the caregiver for their shift or a minimum of 3 hours as that is in part in
>> place to be able to pay employees on short notice cancellations.
>>
>> Legally, if we are cancelling within 48 hours then we are required to pay
>> her a minimum of 3 hours of her shift time. So if you cancelled her on
>> Wednesday for Thursday then you owe her 3 hours for Thursday at the very
>> least. Depending on the time you cancelled her on Wednesday and the time of
>> Friday's shift then you may also owe her 3 hours minimum for Friday.
>>
>> I'm not sure the background check fee is enforceable especially if it's
>> not in the contract. When she was hired, was this discussed and was it put
>> in writing to her or only verbally?
>>
>> I don't believe anything needs to change in terms of how we pay out
>> vacation - it may be worth adding a statement in the caregiver agreements
>> moving forward though that it's paid out on every pay. I'll touch base with
>> legal
>>
>> Thanks,
>> Kathryn
>>
>>
>> On Fri, Apr 11, 2025 at 8:56 AM Joey Taylor <joey.taylor@thekey.com>
>> wrote:
>>
>>> Hey Kathryn,
>>>
>>> We have a clients daughter who works for CNESST (Quebec Labour Board).
>>> She has gotten heavily involved with the caregiver and being an advocate
>>> for her against our big bad agency. I had a few questions to make sure we
>>> are legally in clear:
>>>
>>> 1. We cancelled the employee Wednesday evening (the client moved into a
>>> nursing home). Are we required to pay her for Thursday and Friday if we are
>>> still charging client (given our 48 hour cancelation clause in Quebec for
>>> clients).
>>> ——————
>>> The client went over the caregiver agreement which brought up some
>>> issues (I think you were made aware of) of practices we did in Quebec
>>> previously that were removed from the contract:
>>>
>>> 2. We have charged the background check fee onto the caregiver ($25). At
>>> this time, the contract does not state anywhere that we do that, do we owe
>>> the caregiver that money back?
>>>
>>> 3. The contract mentions that you accumulate vacation hours as you work
>>> at 4% but for caregivers we pay that out every pay. Does anything need to
>>> be done be here?
>>>
>>> Thanks,
>>>
>>> Joey Taylor
>>>
>>> *Directeur Général/**General Manager*
>>>
>>> 514-907-5065
>>>
>>> TheKey.ca <https://thekey.ca/>
>>>
>>> [image: TheKey]
>>>
>>
>>
>> --
>>
>>
>>
>>
>> *Kathryn Nester*
>>
>> HR Generalist | TheKey
>>
>> Mobile: 647.932.5787
>>
>>
>> <http://www.thekey.com>
>>
>>
>> I am in the Eastern Time Zone and am sending this email at a time that
>> suits my work schedule; please do not feel obligated to reply outside of
>> your working hours.
>>
>>
>>
>>
>>
>>
*Kathryn Nester*
HR Generalist | TheKey
Mobile: 647.932.5787
<http://www.thekey.com>
I am in the Eastern Time Zone and am sending this email at a time that
suits my work schedule; please do not feel obligated to reply outside of
your working hours.