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Policy Interpretation
Definitions under the Employment Standards Regulation are interpreted
narrowly because they take away benefits and protection conferred
by the Act. All employment conditions, as described in the definition,
must be met in order to qualify as a “live-in home support
worker”.
A “live-in home support worker” is entitled to be paid
a daily rate for work performed on any day, or portion of a day.
Section 16(1) of the Employment Standards Regulation establishes
the minimum daily wage for a live-in support worker.
"Government Funded"
Government funding includes funds from Veteran Affairs, and Health,
but not Workers Compensation, or ICBC. When funding comes from a
number of sources, including government, if the majority of funding
is government, the Director deems all funding to be government for
the purposes of determining whether an employee is a live-in home
support worker. A person can be a live in home support worker, therefore,
even if some of the work performed is not funded through a government
program.
For a home support service to be considered a "government
funded program" either it must receive the majority of its
funding directly from the government through a contractual arrangement
for the provision of home support services, or it must be receiving
indirectly monies that have been designated by government specifically
for the purchase of home support services.
Examples
A client receives $400.00 a month from Old Age Security (O.A.S.)
and Guaranteed Income Supplement (G.I.S.). The client has no other
source of income and purchases the services of a home support
worker using only this income. The O.A.S. and G.I.S. income is
not considered to be government funding as the client receives
the income regardless of whether he purchases the home support
services.
A client is allocated $400.00 a month by a government agency
to purchase home support services. If the client chooses to not
purchase the services, she will not be paid the $400.00. This
funding is considered to be government funding as the client only
receives the money if the home support services are purchased."
"Acute or chronic illness or disability"
An acute or chronic illness or disability is considered as any
condition that incapacitates a person. Disability can be mental
or physical.
"Live-In"
"Live-in" does not mean permanently resides at the workplace.
It is considered to mean that the employee stays at the workplace
during his or her shift schedule, much like a municipal
fire fighter.
Example
Three nights a week, an individual stays at the residence of mentally
disabled person and provides care for that person. The individual’s
wage is primarily funded by Veteran’s affairs to provide
home support services, and partially from other sources. While
at the residence, room and board are provided free of charge.
This individual is a live-in home support worker because the majority
of his wages are from a government funded program, he is not charged
room and board, he cares for a mentally disabled person and when
working, lives in the residence on a 24-hour per day basis.
Example
The daughter of an elderly man pays an individual to provide live-in
care at the elderly man’s residence for 4 days per week.
The individual is required to bring her own food while at the
residence or is charged $5.00 for the cost of the food that she
eats.
This individual is not a live-in home support worker because she
is not provided free room and board.
Other related employees
Under the Employment Standard Act and Regulation, there
are several different categories of employees who provide care and
home services and these other types of employees should be distinguished
from a "live-in home support worker". They include:·
- domestic
- night attendant
- residential care worker
- sitter
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