First published on Friday, December 9, 2022
Last updated on Tuesday, October 15, 2024
Part-time employees are essential to many businesses, especially when it comes to handling fluctuating demand or providing extra coverage during peak periods.
As an employer, it’s crucial for you to understand the rights and obligations that come with employing part-time staff. By doing so, you’ll not only stay compliant with the law but also create a better work environment for your staff.
Here’s what you need to know about managing part-time employees in Canada.
What exactly does part time mean?
The primary distinction between part-time and full-time employees is the number of hours worked. Generally, part-time employment is considered under 30 hours a week.
However, part-time hours can fluctuate depending on your business needs. There’s no legal obligation to guarantee set hours unless specified in the employment contract.
Commonly, part-time employees are students, retirees, or individuals looking for supplemental income or flexible hours.
You may find them in roles such as:
Retail
Hospitality
Food service
Cleaning services
Reception or administrative support
Despite offering flexibility, managing a part-time workforce can present challenges like higher turnover. This is especially common with students who may leave after graduating or taking on full-time employment elsewhere.
Your legal obligations for part-time employees
In Canada, a part-time employee is entitled to the same rights and protections as a full-time employee. Provisional employment standards legislation, such as Ontario’s Employment Standards Act or British Columbia’s Employment Standards Act, applies equally to both groups.
Here’s what you need to know about your legal responsibilities when hiring part-time employees:
Minimum wages
You must make sure that part-time employees receive at least the minimum wage as set by the province or territory they work in.
Vacation and statutory holiday pay
A part-time employee is entitled to paid vacation and pay for public holidays, though the calculation may differ by province.
Overtime pay
If a part-time employee works more than the standard daily or weekly hours as set by your province’s employment standards, they are entitled to overtime pay.
Sick leave and pay
In some provinces, like British Columbia, part-time employees who have worked for a specific period are entitled to paid sick days. In other regions, sick leave may be unpaid but still protected by law.
If you need help with any part-time employment law, it’s advisable to get professional employment relations advice from experts.
How many hours can a part-time employee work a week?
Part-time employees typically have variable schedules. You can decide how many hours they work each week, unless specific hours are outlined in their employment contract. This flexibility allows you to adjust staffing levels based on your business needs.
While there’s no minimum hours for part time employees, there are restrictions for the maximum hours a part-time employee can work.
For example, if you hire a part time employee who is an international student, they are only allowed to work up to 20 hours per week, while school is in session.
Statutory holiday pay and paid vacation for part-time employees
Statutory holiday pay and paid vacation for part-time employees varies across provinces. It’s important that you understand the specific regulations in your province to ensure compliance.
For instance, when it comes to statutory holidays:
In Ontario, part-time employees are entitled to public holiday pay based on the total wages earned in the four weeks preceding the public holiday.
In British Columbia, an employee must have worked for at least 30 consecutive days and have earned wages on 15 of the previous 30 days to qualify for holiday pay.
And regarding paid vacation:
In Ontario, part-time employees are entitled to a minimum of two weeks vacation time, and are typically paid for that time off at 4% of their gross wages if they have been employed for less than 5 years.
In British Columbia, your part time employee must have completed one year of employment, before they are entitled to two weeks of vacation time and pay.
Each province has different rules, so be sure to review the applicable standards for your location.
Sick leave and pay for part-time employees
Part-time staff are entitled to sick leave, though not all employers are required to pay for it. In federally regulated workplaces and in provinces like British Columbia, part-time employees are entitled to a set number of paid sick days after meeting specific employment thresholds.
For example, after working 90 consecutive days, part-time workers in British Columbia can receive up to five paid sick days per year.
However, in other provinces, you may not be required to provide paid sick leave. Nonetheless, employees still have the right to unpaid leave when they are ill.
Termination and notice period for part-time employees
Part-time employees are entitled to notice or pay in lieu of notice if you terminate them without cause. The required notice period depends on how long they have worked for you and the rules outlined by the applicable provincial legislation.
For example:
In Alberta, a part-time employee with four years of service is entitled to four weeks’ notice of termination.
In Ontario, the notice period increases depending on the length of employment, regardless of whether the worker is part-time or full-time.
It’s important to note that the common law notice period can be much longer than what’s required by statute. So, it’s critical that your employment contracts clearly outline notice requirements to avoid legal disputes.
For more information on notice periods, see our employers guide to termination notice periods.
Get help with your part-time employees from BrightHR
Managing part-time employees can be complex, especially when it comes to scheduling and knowing your legal obligations. Whether it's ensuring statutory holiday pay, complying with sick leave requirements, or handling notice periods, staying informed will help you avoid potential legal issues.
And by using the right tools—like BrightHR—and staying on top of your provincial regulations, you can create a productive and compliant work environment for your part-time workforce.
To make things easy for you BrightHR can help ensure smoother operations and reduce the administrative burden of managing part-time staff.
But that’s not all, you can also:
Manage part-time hours and shifts to avoid scheduling conflicts.
Stay up to date with changing provincial laws and regulations with 24/7 advice.
Keep part-time employees informed about their schedules, rights, and important workplace updates, with self-service platforms.
And so much more…
See for yourself how BrightHR can transform your people management by booking a free software demo today! And start your journey to stress-free management.