Live in caregiver - contract change?

[van881]

Hi everyone,

We live in BC, and our live-in caregiver is arriving in March 2015, approximately. Her application is currently being processed.

Both the existing LMIA and the Live-In Caregiver Employer/Employee Contract state that we will employ her for 40 hours each week. These forms are part of her application. However, we would actually like to employ her for 50 hours each week once she gets here. She is happy to do this.

Can we just issue a new contract when she arrives, to supersede the old contract? Or does her employment with us have to be on the terms specified in her application (i.e. 40 hours per week)? We're a little confused by the conflicting advice that we've read online.

Thanks in advance for your thoughts!
V

 

[PMM]

Hi

Hi everyone,

We live in BC, and our live-in caregiver is arriving in March 2015, approximately. Her application is currently being processed.

Both the existing LMIA and the Live-In Caregiver Employer/Employee Contract state that we will employ her for 40 hours each week. These forms are part of her application. However, we would actually like to employ her for 50 hours each week once she gets here. She is happy to do this.

Can we just issue a new contract when she arrives, to supersede the old contract? Or does her employment with us have to be on the terms specified in her application (i.e. 40 hours per week)? We're a little confused by the conflicting advice that we've read online.

Thanks in advance for your thoughts!
V

You can, but you are going to have to pay overtime for any hours over 40 per week in BC at 1.5 times.

 

[van881]

Thanks PPM. I know that if we stick to the existing 40 hour contract we will have to pay overtime for any hours above that. However, can we write a new contract with her specifying a regular 50 hour week? She would be happy to do this, so I just need to know if its legal within the program.

 

[PMM]

Hi

Thanks PPM. I know that if we stick to the existing 40 hour contract we will have to pay overtime for any hours above that. However, can we write a new contract with her specifying a regular 50 hour week? She would be happy to do this, so I just need to know if its legal within the program.

No, the maximum is 40 hours per week, anything else in BC is overtime.