A Handbook for Employers of - Changing Together · Acknowledgements This manual, The Handbook for...

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A Handbook for Employers of Live-in Caregivers in Alberta Caridad Bernardino, PhD with Denise L Spitzer, PhD Produced and Published by Changing Together … A Centre for Immigrant Women LOGO © Copyright 2002

Transcript of A Handbook for Employers of - Changing Together · Acknowledgements This manual, The Handbook for...

Page 1: A Handbook for Employers of - Changing Together · Acknowledgements This manual, The Handbook for Employers of Live-In Caregivers, and its companion manual The Handbook for Live-In

A Handbook for Employers of Live-in Caregivers in Alberta

Caridad Bernardino, PhD

with Denise L Spitzer, PhD

Produced and Published by Changing Together … A Centre for Immigrant Women

LOGO

© Copyright 2002

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Published by Changing Together… A Centre for Immigrant Women 10010 - 107 A Avenue Edmonton, Alberta T5H 4H8 Contact Sonia Bitar, Executive Director 1 -780-421-0175 or [email protected] or www.icrossroads.com/~changing

Photocopying of this manual or pages from it is permissible. If copied, the material must be distributed at no cost and with full acknowledgement of it’s source. ISBN 0-9682165-4-4 Caridad Bernardino, PhD

DS/LZ/SB Search categories are still to come on this Funded by Status of Women Canada Health Canada

Canadian Heritage Editor Dianne Smyth Design and Layout Lu Ziola Cover design SB name here?

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Table of Contents

Table of Contents............................................................................................................4

List of Acronyms...........................................................................................................10

Acknowledgements ......................................................................................................11

About This Handbook...................................................................................................12 About the Workshops for Employers of LICs ............................................................................ 12

Purpose................................................................................................................................. 12 Objective ............................................................................................................................... 12

The Handbook as a Self-Learning Tool .................................................................................... 13 The Handbookís Four Modules............................................................................................. 13 Overview of the LIC Self-Learning Modules ......................................................................... 14

A Note to Facilitators................................................................................................................. 15 Role of the Workshop Facilitator........................................................................................... 15 Preparation for Holding a Workshop..................................................................................... 15 Tips for Facilitating a Workshop............................................................................................ 16

Self-Learning Module One ñ The Canadian Live-in Caregiver Program (LCP) .......17 Introduction................................................................................................................................ 17

Learning Objectives .................................................................................................................. 17

Things You Need to Know ........................................................................................................ 17 About the Live-in Caregiver Program ................................................................................... 17 History of the Live-in Caregiver Program (LCP) ................................................................... 17

Emerging Needs (1940 to 1955) 18 Immigration Policy Changes (1955 to 1980) 18 Balancing the Needs of Employers and Caregivers (1980 to 1990) 18 The Live-in Caregiver Program is Born 18

Employer and Caregiver ó Partners in the LCP.................................................................... 19 The Question of Contract Enforcement: An Issue for Employers and LICs ......................... 20

Suggested Activities.................................................................................................................. 21

Reflection .................................................................................................................................. 22

Bibliography and Recommended Readings.............................................................................. 23

Self-Learning Module Two ñ Hiring a Live-in Caregiver............................................24 Introduction................................................................................................................................ 24

Learning Objectives .................................................................................................................. 24

Things You Need to Know ........................................................................................................ 24

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Do You Need an LIC?........................................................................................................... 24 Assessing Your Family's Need......................................................................................... 24 Gathering Information....................................................................................................... 24 Talking to Your Family Before Making a Decision............................................................ 25

What Makes a Suitable Employer?....................................................................................... 25 You Must Meet the Criteria............................................................................................... 25 You Must be Able to Provide Adequate Accommodation ................................................ 26 You Must Show Respect and Trust.................................................................................. 26

The Hiring Process ............................................................................................................... 27 Finding an LIC .................................................................................................................. 27 Using Personal Contacts .................................................................................................. 27 Posting an Advertisement................................................................................................. 27 Using an Employment Agency ......................................................................................... 28 Matching Your Needs With the LICís Qualifications......................................................... 28 Interviewing an Applicant.................................................................................................. 29

Hiring a Foreign Live-In Caregiver ........................................................................................ 30 Placing an Offer of Employment....................................................................................... 30 Hiring Someone Already Living In Canada ...................................................................... 31

Government Agencies Involved in the LCP .......................................................................... 32 Contract or Agreement.......................................................................................................... 32

Suggested Activities.................................................................................................................. 35

Self-Learning Review ................................................................................................................ 35

Reflections................................................................................................................................. 35

Bibliography and Recommended Readings.............................................................................. 36

Self-Learning Module Three ñ Living With a Live-In Caregiver (LIC).......................37 Introduction................................................................................................................................ 37

Learning Objectives .................................................................................................................. 37

Things You Need to Know ........................................................................................................ 37 Introducing the LIC to a New Environment ........................................................................... 37

Get to Know Your LIC....................................................................................................... 37 Prepare Your LIC's Room ................................................................................................ 37 Introduce Your Family and Home Gradually .................................................................... 38

Explaining the Job................................................................................................................. 38 Talk about the Children or the Adult Who Needs Care .................................................... 38 Define and Discuss Expectations..................................................................................... 39 Talk About Time Management ......................................................................................... 39 Describe the Basic Routine, and the Dos and Doníts ...................................................... 39 List Important Telephone Numbers .................................................................................. 40

Explaining About Life in Canada........................................................................................... 40 Tell Your LIC About Canada and Its People .................................................................... 40 Explain How to Cope With the Weather ........................................................................... 41 Describe the Transportation System ................................................................................ 41 Help Your LIC Get a Social Insurance Number................................................................ 41 Help Your LIC Get Health Care Insurance ....................................................................... 41 Explain the roles of CIC and HRC.................................................................................... 42 Inform the LIC About Immigrant Settlement Agencies and Community Organizations ... 42

Your Rights and Obligations as an Employer ....................................................................... 42 Minimum Wage................................................................................................................. 43

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Statement of Earnings ...................................................................................................... 43 Rest Periods ..................................................................................................................... 44 Vacation and Vacation Pay .............................................................................................. 44 General Holidays and General Holiday Pay..................................................................... 44 Termination of Employment.............................................................................................. 45 Maternity and Parental Leave........................................................................................... 45 Overtime Agreement ........................................................................................................ 46 Providing Accommodation................................................................................................ 47 Legal Responsibilities and Deductions............................................................................. 47

Building a Harmonious EmployerñCaregiver Relationship................................................... 48 Open Communication....................................................................................................... 48 Cultural Sensitivity ............................................................................................................ 49 Mutual Respect and Trust ................................................................................................ 49 Exploring Ways of Helping LICs....................................................................................... 50 Incentives.......................................................................................................................... 50 Renewing the Contract ..................................................................................................... 51 Helping Your LIC Apply for Permanent Resident Status.................................................. 51 Preparing Your Family for the LIC's Departure ................................................................ 51

Suggested Activities.................................................................................................................. 52

Reflection .................................................................................................................................. 52

Bibliography and Recommended Readings.............................................................................. 53

Self-Learning Module Four ñ Responding to Challenges .........................................54 Introduction................................................................................................................................ 54

Learning Objectives .................................................................................................................. 54

Things You Should Know.......................................................................................................... 54 The Potential for Conflict....................................................................................................... 54

The Communication Gap.................................................................................................. 54 Cultural Issues.................................................................................................................. 55 Other Issues ..................................................................................................................... 55 Terminating an Employee................................................................................................. 57

Conflict Resolution ................................................................................................................ 57 Responses to Conflict....................................................................................................... 57 A WinñWin Approach: Dialogue ....................................................................................... 58 Complaint Resolution ....................................................................................................... 59 Terminating the Contract .................................................................................................. 60

Suggested Activities.................................................................................................................. 61

Reflections................................................................................................................................. 61

Recommended Readings.......................................................................................................... 62

Bibliography and Recommended Readings.............................................................................. 63

Handouts for Participants ............................................................................................65 Handout 1.................................................................................................................................. 65

History of the Live-in Caregiver Program (LCP) ................................................................... 65 Emerging Needs (1940 to 1955) ...................................................................................... 65 Immigration Policy Changes (1955 to 1980) .................................................................... 65 Balancing the Needs of Employers and Caregivers (1980 to 1990) ................................ 66 The Live-in Caregiver Program is Born ............................................................................ 66

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Handout 2.................................................................................................................................. 67 Answer to Quiz on The Live-in Caregiver Program .............................................................. 67

Handout 3.................................................................................................................................. 68 Provincial and Federal Government Resource List .............................................................. 68

Handout 4.................................................................................................................................. 71 Community Resource List..................................................................................................... 71

Associations That Support LICs ....................................................................................... 78

Handout 5.................................................................................................................................. 79 Sample Employment Contract .............................................................................................. 79 Handout 6.............................................................................................................................. 83 Handout 7.............................................................................................................................. 84 Workshop Evaluation Form................................................................................................... 84

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List of Acronyms

AHC Alberta Health Care AHRCC Alberta Human Rights and Citizenship Commission ARD Alberta Resources and Development AHR Alberta Human Resources AHRE Alberta Human Resources and Employment CBT Computer-Based Test CIC Citizenship and Immigration Canada CPC Case Processing Centre CPP Canada Pension Plan CPR Cardiopulmonary Resuscitation EI Employment Insurance ESB Employment Standards Branch ESL English as a Second Language FDM Foreign Domestic Movement HRC Human Resources Centre HRDC Human Resources and Development Canada IQAS International Qualification Assessment Services LCP Live-in Caregiver Program LIC Live-In Caregiver OAS Old Age Security NAIT Northern Alberta Institute of Technology ROE Record of Employment SAIT Southern Alberta Institute of Technology SIN Social Insurance Number TOEFL Test of English as a Foreign Language WCB Workers’ Compensation Board

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Acknowledgements

This manual, The Handbook for Employers of Live-In Caregivers, and its companion manual The Handbook for Live-In Caregivers were produced by Changing Together. . . A Centre for Immigrant Women with the financial support of Canadian Heritage. These workshop materials were developed in response to the needs expressed by participants in Changing Together’s research study, In the Shadows: Live-In Caregivers in Alberta 2002 was funded by Status of Women Canada and Health Canada.

We wish to thank our funders, our skillful research assistants, Caridad Bernardino and Ivon Pereira, the members of our advisory committee, editor Dianne Smyth, and others who helped with this project. We also wish to thank the many past and present live-in caregivers, and the employers and agency owners who participated in the study. We hope that these informative materials will help both live-in caregivers and their employers develop a greater understanding of the Live--in Caregiver Program, and of each other.

Denise L. Spitzer Sonia Bitar Project Coordinator Executive Director In the Shadows: Live-In Caregivers in Alberta Changing Together…

A Centre for Immigrant Women

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About This Handbook

The manual, A Handbook for Employers of Live-In Caregivers, and its companion, A Handbook for Live-In Caregivers, is the outcome of a research study conducted from 2001 to 2002. The study, In the Shadows: Live-In Caregivers in Alberta (2002) was carried out by Denise Spitzer for Changing Together… A Centre for Immigrant Women. Support and funding were provided by Health Canada, Status of Women Canada, and Canadian Heritage. Findings of the study indicated that employers of live-in caregivers (LICs) would like to help enhance the lives of men and women from other countries who come to Canada under the Live-in Caregiver Program

A Handbook for Employers of Live-In Caregivers, was designed to give you more information about your rights and obligations. It is also intended to help live-in caregivers to successfully integrate into Canadian society. Building a stronger working relationship and a mutual understanding between you and your employee will help you meet your own needs and goals, and contribute to the health and well-being of both parties.

About the Workshops for Employers of LICs A Handbook for Employers of Live-In Caregivers is intended to be used, and further

developed, in workshop settings to give LIC employers the opportunity to exchange ideas, gather new information, and to raise issues and concerns.

The workshops will be conducted by facilitators who will guide the discussion and keep the group focused on the agenda. The facilitators are encouraged to suggest changes and new materials for the handbook. The manual will be revised and updated by Changing Together, as new issues and new regulations arise.

Purpose The purpose of bringing LIC employers together, and of this handbook, is to provide

an opportunity for participants to become more familiar with the federal Live-in Caregiver Program (LCP) and to share ideas.

Objective The objective of the workshops is to help participants further explore their roles as

employers of live-in caregivers, their rights and responsibilities, and the strategies they can use to bring about effective communication and mutual understanding with their employees.

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The Handbook as a Self-Learning Tool The handbook consists of four self-learning modules which will help you gain a

better understanding of the federal government’s Live-in Caregiver Program (LCP), the rationale behind the program, your role as an LIC employer, and how you can help your caregiver enhance his or her life in Canada.

Module One The Live-in Caregiver Program in Canada

Module Two Hiring a Live-In Caregiver

Module Three Living With a Live-In Caregiver

Module Four Responding to Challenges

After completing the four modules, you will have a better understanding of the Live-in Caregiver Program and its importance to you and your employee. You will know more about

• the process of hiring an LIC • your rights and responsibilities as an LIC employer in relation to the rights

and responsibilities of an LIC • strategies for cross-cultural communication and living together • strategies for helping your LICs enhance their lives • the challenges faced by LIC employers and LICs and how to respond to these

challenges • where to access information and assistance on issues and concerns involving

LICs

The Handbook’s Four Modules Each self-learning module includes these sections.

• Introduction • Learning Objectives • Things You Need to Know • Suggested Activities • Self-Learning Review • Reflections • Bibliography and Recommended Readings

The self-learning reviews are intended to help you focus on what you have learned and to encourage you to search for further information and support about specific issues.

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Overview of the LIC Self-Learning Modules Module Title Content One The “Live-in

Caregiver Program” (LCP) in Canada

  LCP concepts and rationale   LICs’ rights and responsibilities   employers’ rights and responsibilities   caregiver-employer communication

Two Hiring a Live-In Caregiver

  CB need details here  

Three Living With a Live-In Caregiver

   

Four Responding to Challenges

   

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A Note to Facilitators This handbook is a guide…not a finished document. It has been designed to allow

users to integrate local information and new materials. The handbook can be adapted for different provinces or regions. Each facilitator is invited to suggest updates to enrich it with information gathered from government and non-government institutions who promote human rights and health and well-being in Canada. Please forward your suggestions to the publisher, Changing Together (see copyright page for contact information).

A Handbook for Employers of Live-In Caregivers is a work in progress-changeable-as the policies laws, and regulations in Canada change. We recommended that facilitators inform Changing Together about any changes needed or new information available each time the manual is used for a new workshop.

Each module in this handbook was designed to stand alone, or to be integrated with the other modules as a tool for addressing the needs of live-in caregivers.

Role of the Workshop Facilitator The workshop facilitator’s role is to help Employers of LICs develop basic

competencies, knowledge, attitudes, and skills and to encourage further development in this area. Before planning or holding a workshop review the purpose and objectives on page 7 of this manual.

Preparation for Holding a Workshop Changing Together recommends that each workshop be limited to 20 participants.

This will allow a personal approach that includes follow-up activities. You can use Appendix 5 to list participants in each group for follow-up and future contact.

Appendix 3 and Appendix 4 are useful evaluation tools that will give participants a chance to offer their opinions and ideas, as well as provide valuable feedback for planning future workshops.

It is important that you use a personal approach and have follow-up activities, as each LIC employer will have specific concerns. People will be more inclined to actively participate if they are able to easily see the facilitator and the others in their group. Make sure that chairs are placed as informally as possible, and that the room is a comfortable temperature.

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Tips for Facilitating a Workshop What you do, and how you conduct yourself in the first few minutes will set the tone

for the entire workshop. If you are relaxed and informal your group will likely feel the same way. Make an effort to greet people as they arrive. It is important to appear calm, confident, and unhurried. If you are properly prepared in advance this should happen automatically. Always try to start on time. You can acknowledge and welcome any latecomers without interrupting the flow of your introduction.

1. Make sure to introduce yourself and have each of the participants introduce themselves. A warm welcome will help create an informal and friendly atmosphere. Serve refreshments if at all possible

2. Let the participants know the timing of the workshop topics, including breaks. Be sure to mention the location of the washrooms and telephones.

3. Outline the purpose and objective of the workshop (see page 8). 4. Ensure the participants that your role is one of facilitation. Explain that they

will do the work, and that you will steer the discussion (carefully and sensitively) to move it forward.

5. Keep the group on track and focused. If the group is concentrating too much on one area, or digressing, remind them of the remaining issues for discussion. You can go back to a specific topic if time allows.

6. Recognize and respect the experience and knowledge of the participants. They bring first-hand experience, good questions, and valuable ideas to the workshop.

7. Acknowledge comments with a nod or a smile, or thank each speaker, to encourage more participation and stimulate interest. Make sure that everyone has an equal chance to speak.

8. Tactfully steer the discussion so one or two individuals do not dominate. Sometimes it helps to keep a speaker’s list. People can be asked to raise a hand when they wish to speak. Choose those who have not already spoken.

9. Try to bring back the major points for emphasis and retention. Explore the possibility of linkages with new topics.

10. At the end of the workshop, thank the group for coming and taking the time to participate.

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Self-Learning Module One - The Canadian Live-in Caregiver Program (LCP)

Introduction The study, In the Shadows: Live-in Caregivers in Alberta, indicated that LIC employers

perceived the Live-in Caregiver Program (LCP) as providing an opportunity for women and men from other countries seeking gainful employment to come to Canada and improve their lives. This first module presents an overview of the LCP, its historical development, its rationale, and your role as an employer in partnership with your caregiver.

Learning Objectives After reading Module One you will -

1. understand and be able to explain the concept of the LCP and the reasons for the program

2. understand the partnership and collaboration that is necessary between the LIC and the employer of the LIC

3. understand the importance of the contract as a legal document in protecting your rights and those of your LIC and in establishing working arrangement, fair to both parties

Things You Need to Know

About the Live-in Caregiver Program The federal Live-in Caregiver Program handbook was created and published by

Citizenship and Immigration Canada (CIC,1999). The information gathered below has been adapted from that booklet (with the CIC handbook page numbers listed in parentheses).

History of the Live-in Caregiver Program (LCP) As an LIC employer, have you ever wondered how the Live-in Caregiver Program

came about? In her book, Regulating Class Privilege: Immigrant Servants in Canada, (Daenzer,1993) traces the historical development of the program.

The Live-in Caregiver Program evolved from the Foreign Domestic Movement (FDM) which came about in the 1980s. The recruitment of domestic workers from other countries in the years prior to the FDM was due to the need of middle-class Canadian families for domestic workers who were in short supply. Due to the poor working conditions and low wages, domestic work was unattractive to Canadians. With more and more Canadian women seeking to leave work at home for jobs with pay, the demand for

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domestic workers was high.

Emerging Needs (1940 to 1955) Policy changes have characterized the periods leading to the birth of the

LCP. Before the1950s, Britain was the primary source of domestic workers. British domestic workers entered Canada as full-landed immigrants which granted them occupational mobility rights.

After the Second World War, war-displaced women from Eastern and Southern Europe joined Canada’s domestic force. Despite their inclusion, the country was still in short supply of domestic workers.

Immigration Policy Changes (1955 to 1980) In 1955, a decision was made to admit women from the British West Indies

to join the domestic scene. In the 1960s, the immigration policy changed. It permitted the entry of immigrants from countries other than Britain who met labour requirements. Later, a numeric point system which rated the worker in relation to the Canadian labour market was used to screen immigrants.

By 1967, the criteria included education, training, specific skills, and other qualifications. In the 70s, because the screening process was causing a major delay in visas, domestic workers (especially people from Jamaica) resorted to entering Canada as non-immigrants with employment visas. As non-immigrants, they had restricted occupational mobility with less workers’ protection rights and were required to leave the country upon the completion of their contracts.

Balancing the Needs of Employers and Caregivers (1980 to 1990) In 1981, an attempt was made to balance the needs of Canadian families

who were facing a chronic shortage of domestic workers and the need to protect domestic workers from exploitation. Domestic workers continued to enter Canada as non-immigrants and had no occupational mobility rights. The new policy however, gave them the opportunity to gain landed immigrant status after a period of employment in domestic work. This policy came to be known as the Foreign Domestic Movement (FDM) (Daenzer, 1993).

The Live-in Caregiver Program is Born In 1992, the Live-in Caregiver Program (LCP) replaced the Foreign

Domestic Movement (FDM). "The Live-in Caregiver Program is a special program whose objective is to bring workers to Canada to do live-in work as caregivers when there are not enough Canadians to fill the available positions"

(1). Under this program, Live-In Caregivers (LICs) must work and live in their employers’ homes providing care to children, the elderly, or the disabled. They must also have completed the equivalent of a Canadian grade 12 education and six months of formal training or twelve months experience in a

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job-related field. They must meet either the training or the experience requirement. (2)

Applicants to the program need an employment authorization which allows them to work in Canada as live-in caregivers. The employment authorization is usually valid for only one year, hence, it needs to be renewed before it expires. Live-in caregivers can apply for permanent resident status after two years of employment as an LIC within three years of their arrival in the country. (4-5)

As of today, many men and women from developing countries such as the Philippines and the Caribbean have come to Canada under the LCP. They have rendered caregiving services to many Canadian families and many of them have eventually become permanent residents, have brought their families over, and have successfully settled and gradually integrated into Canadian society.

Employer and Caregiver - Partners in the LCP By the very nature of the LCP, the employer and the caregiver become partners. Their

lives become intertwined because of their complementary needs. Canadian men and women like you, who work full time outside the home, may need

someone to take care of their children or an elderly or disabled member of the household. With the short supply of live-in caregivers in the country, hiring foreign LICs under the LCP addresses this need.

At the other end of the spectrum are men and women, mainly from developing countries, living in difficult economic situations looking for gainful employment in other lands. The LCP opens the door for them to come and work in Canada with the hope of improving their lives. Many of these people have university education and training. But often, with high unemployment rates in their own countries, the prospect of jobs and the possibility of obtaining permanent resident status in Canada lead them to emigrate. They leave family, friends, and country behind to face the challenges of a new country with a different language and culture.

Through the LCP, you, as an employer, help open the door to men or women from other countries to the many opportunities that Canada has to offer. In turn, these individuals provide caregiving services for your family. And you will have a sense of security knowing that your family members are cared for by a trained LIC.

Since your caregiver must to live in, your home becomes her home and also her workplace. This situation calls for a strong and mutually reinforcing professional employer-employee relationship. As partners in the LCP, you and your caregiver must collaborate and work things out together so that the program can best respond to both your needs.

The Question of Contract Enforcement: An Issue for Employers and LICs An important issue for both employer and LIC to reflect on, with regard to the LCP, is

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the lack of a mechanism for monitoring and enforcing contracts. The information booklet on the LCP from Citizenship and Immigration Canada (1999) states:

"The government of Canada is not a party to the contract. We have no authority to

intervene in the employer-employee relationship or to enforce the terms and

conditions of employment." (6)

An awareness of this situation reminds employers and caregivers to consider the importance of the employment contract as a document that needs to be carefully set out to ensure a fair working arrangement for both parties. By clearly establishing the employer-live-in employee relationship as that of any other professional relationship, and setting out your expectations of each other, future misunderstandings and problems can be avoided. (5)

Thus, the employment contract becomes a document that helps protect your rights as an employer as well as the rights of your employee by providing a clear statement of your obligations. It indicates what you as an employer expect of your employee and what your legal responsibilities are to him (or her). These rights and responsibilities are governed by employment standards regulations. Both employer and employee need to be aware of, not only their rights, but of their responsibilities as well. Care should be taken in laying out the terms and conditions of employment in the contract such that they adhere to provincial employment standards regulations. [A more detailed description of the employment contract is discussed in Module Two].

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Suggested Activities 1. If you know of a fellow LIC employer, try to share experiences, ideas, and

information about the LCP. Has the LCP been beneficial to employers like you? How do you feel about your role as an employer?

2. With the brief historical background of the program presented in this module, reflect on how this program emerged. Do you think the LCP is advantageous to Canada in general? To other countries? In what ways?

3. After reading about the complementary roles of the employer and the caregiver, reflect on issues that employers like you can explore to make the LCP more relevant and fair to you and your caregiver.

4. After reading The History of the Live-in Caregiver Program (LCP) in Module One, describe the statements in the Quiz on the Live-in Caregiver Program, which follows, as either True or False.

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Quiz on The Live-in Caregiver Program

Check your response. Are the statements below True or False? True False 1. Hiring foreign domestic workers was a response to the shortage of

domestic workers in the country.

2. Domestic work is unattractive, although it commands very good wages, because the work is boring.

3. The British Domestic workers remained working as caregivers because they came as non-immigrants.

4. The objective of the Live-in Caregiver Program is to bring foreign workers to Canada to do live-in work as caregivers because they tend to be less complaining and accept lower wages.

5. There is an agency that was created by the federal government to monitor the enforcement of contracts between an employer and caregiver.

6. Applicants to the LCP need an employment authorization that usually allows them to work and live in Canada for two or three years.

7. Only those who take care of the elderly and the disabled are considered caregivers.

8. The contract is an important document that helps protect the rights of both employer and caregiver.

9. Employers and caregivers need to be aware of their own rights as well as their obligations.

10. As long as the conditions in the contract are followed, employers need not look into provincial employment standard regulations.

The answers are located in Handout 2.

Reflection Reflect on the historical development of the LCP and the role of an LIC employer.

After reading the module, did it change the way you think about the LCP and your role as an employer? If so, in what ways?

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Bibliography and Recommended Readings Calgary Association of Women and the Law (1993). Live-in caregiver’s (domestic worker’s)

handbook. Calgary. Citizenship and Immigration Canada (1999) The live-in caregiver program. Minister of

Public Works and Government Services. Citizenship and Immigration Canada. (2001-09-27). Live-in caregiver program overview

http://www.youth.on.ca/english/se/fwr/lcp_program_e.shtml

Daenzer, Patricia M. (1993). Regulating class privilege: Immigrant servants in Canada, 1940s-1990s. Toronto: Canadian Scholars‘ Press, Inc.

Philippine Women's Centre of BC. (2000). Canada: The new frontier for filipino mail-order brides. Status of Women Canada.

Pierson, Ruth R. (1995). The politics of the domestic sphere. In Pierson, R. R. & Cohen, M.G. Canadian women’s issues. Toronto: James Lorimer & Co.

Schecter,Tanya (1998). Race, class, women and the state: The case of domestic labour in Canada. Montreal: Black Rose Books.

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Self-Learning Module Two - Hiring a Live-in Caregiver

Introduction This module explains the step-by-step process of hiring an LIC. It will help employers

and would-be employers understand the process and provide them with practical suggestions.

Learning Objectives After reading Module Two you will -

1. understand the step-by-step process of hiring an LIC 2. know how to initiate and follow-up a search for an LIC 3. be able to draw up an employment contract

Things You Need to Know

Do You Need an LIC?

Assessing Your Family's Need Before spending time and money towards hiring an LIC, we suggest that

you consult all the members of your family. Hiring an LIC should be a family decision since the caregiver will be living with the family. It usually goes more smoothly if all family members are given the opportunity to express their opinions on this matter. Conflict will be avoided if there is agreement among all members of the family on your decision.

As a family, try to assess your needs. Think of the many ways and possibilities that might address your needs. If you need someone to take care of your children, you might first consider hiring a babysitter or taking them to a daycare centre. Or you might hire a caregiver who is a permanent resident in Canada but who may not find it necessary to live in. If these options do not satisfactorily meet your needs, hiring a foreign live-in caregiver might be the best answer.

Gathering Information To check if you are making the right choice try to gather as much

information as possible. If you know someone who has hired a caregiver, you may want to ask this person to tell you about her (or his) experience. Prepare questions so you do not forget to ask about the ones that matter to you. Don't hesitate to ask further questions to clarify your doubts. This is an important decision. Be sure not to rely on the information provided by just one person. If you know other families with a caregiver ask them also. Your decision will be

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much easier if you have heard differing perspectives. This way you can more objectively assess he pros and cons of hiring an LIC. Encourage other family members to do the same. You can pool your information together and discuss the matter openly.

If you do not to know of any LIC employers, you can seek information from employment agencies or community organizations that provide support to LICs. They may be able to refer you to an LIC employer who might be willing to share his experiences with you.

Talking to Your Family Before Making a Decision If you decide that you do need an LIC to take care of your children, talk to

the children about it. Although they may be considered by others as too young to contribute to a wise decision, what they express may provide you with an insight into their concerns or fears. The collaborative experience will help them see that the hiring and keeping of an LIC is a family affair.

If what you require is someone to attend to an aged parent or a child with special needs, they too, should be consulted. You can explain the reasons in a manner that is reassuring and non threatening. Talking about it will prepare your loved ones to adjust to the change if you had been taking care of them yourself.

In discussing your needs with your family, your expectations will become more defined. You can make a list according to an order of priority to help you in choosing a caregiver whose qualifications would best match your needs.

What Makes a Suitable Employer? As a would-be employer of an LIC, you may find this question rather absurd.

However, reflecting upon it makes you realize that to be an effective employer is to let your own special qualities shine through.

You Must Meet the Criteria There are certain criteria you have to meet in order to become an LIC

employer. A major factor is your financial capability. You need adequate financial resources to pay a caregiver. You must provide wages as well as benefits, such as insurance and other items outlined by provincial employment standards regulations.

Assess your own financial capability by contacting the Alberta Human Resources and Employment Office for information regarding current wages and related employment regulations. You need to know about the regulations surrounding days off each week, statutory holidays, vacation pay, and compensation for overtime work. From this information, you can at least determine whether it is worth hiring. For example, should you hire an LIC to

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take care of your baby so you can return to work, rather than possibly extending your leave, or staying home. Of course, other factors could intervene and may exert a greater influence to make you change your decision. Weigh the pros and cons. Think about it very carefully. Remember, you need to look ahead and consider the long-term financial impact of having an employee.

You Must be Able to Provide Adequate Accommodation As an employer, you will have to provide adequate accommodation for

your LIC, such as a room with a lock. Ask yourself if you really have the additional space for your caregiver You must provide her (or him) with a key to the house so that your LIC has freedom of access. After all this is not only his/her workplace, it will become his/her home. Your caregiver will be living with you. Your efforts to provide her with living arrangements that bring a sense of comfort, security, and privacy will be appreciated.

Because your LIC will be paying you for room and board and lodging, she will also have some expectations. Your concern and goodwill is most likely to be reciprocated with good and efficient service. These initial gestures will develop mutual respect and trust, which are the foundation of a harmonious and caring employer-caregiver relationship.

You Must Show Respect and Trust As you can see, it is not enough that you can afford to pay a caregiver. You

may offer generous wages but you may not be able to keep a caregiver for long if the LIC feels that he/she is not being treated humanely, nor with respect and dignity. Hence, a prospective employer should do a little self-reflection. What qualities should an employer possess? Domestic workers who are happily employed have reported that they have employers who are fair, reasonable, and supportive (Cuenco, 1989).

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The Hiring Process

Finding an LIC Employers are responsible for finding live-in caregivers on their own. The

process could take some time depending on how fast you are able to gather information about your need and the availability of a qualified applicant. You might therefore, consider getting temporary caregiving services, if care is required immediately, until you have hired an LIC or until your LIC arrives. There are various ways to find an LIC, making personal contacts, posting an advertisement, or hiring the services of an employment agency.

Using Personal Contacts Live-in caregivers who are already working in Canada may be able to help

you find an LIC. They may be able to recommend relatives or friends who are also seeking employment as LICs. If you are acquainted with an LIC who is now working in Canada, try to seek his help in circulating your advertisement among groups of LICs who may be interested in applying for the job or recommending someone who can meet your needs.

Posting an Advertisement You may also want to post an advertisement in the newspapers or on

community bulletin boards. If you decide to do so, be sure to specify your needs and expectations. A carefully worded advertisement will help you save time in the screening process. Compare the following two advertisements.

Example 1

Live -in for 3 yr.old son. Light housework, exp,req.refs. Call Joyce, 232-6154

Example 2

Live-in nanny to take care of our active 3-year-old son. Light housekeeping.

Experience required. Excellent references. CPR certified, non-smoker. Offering

own room and good pay. Call Joyce evenings at 478-4321

Sample 1, the first advertisement, is difficult to read and has very little information. You don’t have any idea what kind of person they are looking for.

You likely noticed that Example 2, the second advertisement, is clear and specific. It conveys a message that your expectations are high but that you are also willing to offer more. When you are more specific about your requirements, it is most likely that only those who meet these requirements

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will apply. Although the ad may cost a little more, it will save you a lot of time flipping through applications that do not correspond with your requirements.

Using an Employment Agency You may find the process of hiring an LIC very time consuming, so you

may opt for the services of a hiring or employment agency. If you decide to do this, look for one that has established a good name or reputation in the business. Beware of agencies that are only interested in maximizing their profits. If you happen to know somebody who has gone through the experience, you might ask that person to give you some tips. You can also look in the Yellow Pages of your telephone book for information on employment agencies such as the names, office addresses, telephone numbers, fax numbers, email addresses, or websites. Employment agencies who have been in the business for quite a long time will have acquired a great deal of experience concerning the necessary steps to take to facilitate the hiring process. Contact these agencies, ask about the services they offer, their timelines, their standard operating procedures, and their fees and other information.

Find out if they do an exhaustive screening of applicants, if they check references, or if they conduct personal interviews with applicants. Employment agencies usually look for potential applicants and match them with potential employers. Thus, your needs are assessed while applicants are screened according to their qualifications. If you are convinced that the services of a hiring agency will work better for you after considering all the advantages and disadvantages, you will need to sign a contract with the agency. Before doing so, review it carefully and check for costs that you are held responsible for. Inquire about refund or replacement policies should an employee quit. Clarify these issues and put them in writing so you are protected, in case the agreement does not work out (19-20).

Matching Your Needs With the LIC’s Qualifications In choosing a caregiver, find out if the LIC’s qualifications match your

needs. If you need someone to take care of your disabled child, insist on someone who has training or experience working with children with disabilities. Make sure the LIC is able to provide the care that your child needs. Of course, you might also look for someone who is patient and caring with children. It should be noted that under the Live-in Caregiver Program, what is being sought is caregiving. Housework is secondary and should be limited to light housekeeping duties only. An applicant may present herself as a fast and efficient worker, very experienced, with many housekeeping skills, such as preparing meals and tidying as well as being organized and having time management skills. But the individual may not possess the gentleness or patience needed to take care of children. In this case, she is more of a

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housekeeper than a caregiver. Therefore, he/she does not fall into the LIC category. Finding someone who has both caregiving and housekeeping skills would simplify the matter of making choices. But getting both skill sets does not always happen. Take the time to screen applicants properly. The process may be slow but it will ensure a thorough checking of the applicants’ qualifications and character.

Interviewing an Applicant As applicants respond to your need for a caregiver, whether through an

advertisement or the recommendation of someone you know, you may have to go through a selection process. Make a note of each applicant's qualifications and evaluate them according to your own criteria. This enables you to make a short list. To choose from a short list usually means conducting a personal interview. You can do this by telephone if the applicant is in another country. To get the best results from an interview, prepare your interview questions well ahead of time. Remember though that under Canadian law, you cannot discriminate so you are not allowed to hire on the basis of age, sex, race, colour, ancestry, place of origin, political belief, religion, marital status, or physical or mental disability. (Calgary Association of Women and

the Law, 1993) You must take this into consideration when planning your interview questions.

As in any job interview, you may want to focus on the applicant’s caregiving skills such as feeding or bathing your child, helping an elderly family member change his clothes, or giving medication to a disabled child. Or you might wish to find out if the applicant has other skills such as storytelling or tutoring, You will want to know more about the LIC's possible reaction to an emergency or about her ability to act decisively in tense situations. You may also want to ask about the applicant’s personal habits, such as whether she drinks or smokes. This would also be the best time to find out if there are cultural events or occasions that are important to the LIC or customs that are important to observe. After preparing the interview guide questions, correspond with or notify the applicants about the interview in advance so they will have time to prepare. Allow or make adjustments for the unexpected in an interview. In conducting the interview over the phone, consider some language barriers that may affect the outcome of the interview.

After the interviews have been conducted and you have made your own evaluation, you need to let your applicants know about your decision. Be sure to thank all applicants for their interest and wish them well in their future job-search endeavours.

Hiring a Foreign Live-In Caregiver Once you have selected your caregiver, the process of bringing this person to Canada

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is the next important step. This process may take several months so it is always a good idea to plan ahead.

Caregivers who come under the Live-in Caregiver Program are those who have fulfilled three requirements, as specified in the LCP information booklet. (2-3)

1. Successful completion of the equivalent of a Canadian high school education. The requirement will help to ensure that participants who apply for permanent residence after two years will be able to succeed in the general labour market. Studies indicate that the majority of new jobs in Canada require at least a high school education.

2. Six months of full-time training or 12 months of experience in a field or occupation related to the job you are offering. The training or experience may be in areas such as early childhood education, geriatric care, paediatric nursing, or first aid (to name just a few). In order to meet the requirement for experience, the caregiver must have completed one year of full-time employment including at least six months of continuous employment with one employer in that field or occupation. The experience must have been obtained within the three years immediately prior to the day on which the caregiver submits an application for an employment authorization to a visa officer.

3. Ability to speak, read and understand either English or French. The caregiver must be able to function independently in a home setting. For example, he must be able to contact emergency services if required and to understand labels on medication.

These requirements insure that your potential caregiver goes through a process of cross-checking which should allay your fears about leaving your child or an elderly or disabled member of your household in the hands of someone you barely know. You can be confident that your caregiver has the capability to handle emergency situations. The program ensures that LCP caregivers have communication skills and education or training that enable them to act quickly and decisively under pressure.

Placing an Offer of Employment First, you need to contact your local Human Resources Centre (HRC) for

an assessment of your offer of employment. Assessment is based on the need for live-in care, the labour market conditions, your commitments away from home, as well as the caregiver’s responsibilities and the efforts you have made in domestic recruitment. (HRDC, 2002 CB need website and last update)

With your offer of employment, you also state that you are capable of paying the wages and benefits and of providing the working conditions in accordance with provincial or territorial laws. Information will be provided by HRC (Human Resources Centre) with regard to acceptable wage standards, health insurance, taxation, and other related matters. Since the minimum wage rate in every province or territory differs and that which is provided for in your province may be lower, you should be able and willing to pay wages

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comparable to those being received by other caregivers in the community. You should provide evidence of your efforts at domestic recruitment. Clip the advertisements you have posted in the newspapers and make a record of the results of the interviews and the dates and times they occurred.

When validated, your offer will be sent to the visa office abroad and you will receive a letter of confirmation. Your potential employee will be assessed according to the criteria set forth in the LIC program. When a caregiver is considered eligible, an employment authorization will be issued to her. Since this may take several months, you need to wait until the caregiver has her employment authorization, one bearing your name as the employer. Try to maintain contact and communicate regularly with your potential caregiver. In this way you get to know her while you are waiting to hear when she can begin to work for you.

It may interest you also to know that LICs have the right to change jobs without seeking your permission, on the condition that they continue to work as live-in caregivers. The employment authorization is employer-specific. Therefore, a new employment authorization is required before your caregiver can begin to work for a new employer.

Employment authorizations are issued for one year at a time and must be renewed before their expiry date. After working as a caregiver for 24 months, an LIC can apply for permanent residence in Canada. These 24 months must be completed in three years and in order to be eligible to apply for permanent residence. The application must be made within the three years and the LIC must be in possession of a valid employment authorization as a caregiver. If the application for permanent residence is accepted, the LIC may be issued an open employment authorization.

Hiring Someone Already Living In Canada You can also hire someone who has come to Canada under the Live-in

Caregiver Program but for some reason or the other is looking for an employer like you. Possibly the LIC may have been released by his employer who has been experiencing a financial reversal and can no longer afford to pay a live-in caregiver.

To hire an LIC who is already in Canada, you must first have your offer of employment validated by your local HRC. Give a copy of this letter validating your job offer to the caregiver whom you would like to hire so he can apply for a new employment authorization from CIC. An employment authorization which is usually valid for one year legally permits him to work for you (5). He may have to wait for a while (usually about three weeks) to get this employment authorization. As it is illegal for him to work without this document, you too should wait until he receives it. Do not pressure him to start working for you if the necessary documents are not yet in. It is a criminal offence to employ someone who is not authorized by Immigration Canada to

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work for you. By hiring someone already in the country, the waiting time is much

shorter. If your LIC is already in the country, and has gained experience working in Canadian homes, it will be easier for you to orient him with the tasks you expect an LIC to do.

Government Agencies Involved in the LCP Two government centres are involved in the Live-in Caregiver Program, your local

Human Resources Centre (HRC) and Citizenship and Immigration Canada (CIC). The HRC takes care of labour and employment concerns. It is responsible for assessing your offer of employment and providing you with information on acceptable wage standards, health insurance, taxation, workers’ compensation, and other related employment issues. As soon as your offer of employment is received at the HRC, it is validated and sent to CB__where?_. The HRC will send you a letter to confirm receipt of your offer of employment.

CIC takes care of the immigration requirements. As soon as HRC validates your offer of employment, it sends notice of the approval to CIC at the visa office where the caregiver will be applying for an employment authorization. The visa office abroad will communicate with your potential employee to inform her of the necessary immigration documents and other requirements such as birth certificate, marriage certificate, transcripts, and other documents. If your chosen LIC is considered eligible for the Live-in Caregiver Program and meets all other requirements, she will be issued an employment authorization which allows her to work in Canada for one year.

When your LIC enters Canada, she has to comply with immigration and labour requirements. As an employer, you also need to be aware of your responsibilities in relation to provincial employment standard regulations. This includes complying with the conditions you have set forth in the contract with your LIC, such as wages and other benefits, working hours, days of rest, vacation and holiday pay, and other conditions. You need to adopt a systematic and organized method of record keeping as this will ease the cumbersome task of organizing information when you need to submit it. [Module Three gives more details on employment regulations.]

Contract or Agreement When you are satisfied that an LIC meets the requirements of the job, you should sign

a contract with your employee. In this way, the expectations of both parties are clearly outlined and defined.

The sample contract from the information booklet on the Live-in Caregiver Program may be used for this purpose. (27) [You will also find a Sample Contract in this manual, Handout 5.] However, if you or your caregiver find that this may not be adequate enough to cover all the terms of work and working conditions, you can modify it to include other items you both agree to add. As in the sample contract from CIC, your contract may also contain personal information about you and your employee. This will

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include your names, addresses, and phone numbers. The job title must be specified as that of a live-in caregiver.

The work and working conditions should be outlined in this employment contract. First, the job description should indicate the kind of care the LIC is going to provide, whether it is child care or care of the elderly or the disabled. If the LIC is expected to provide pet care, it must be added to this portion of the contract. The job description should also include the number of children and their corresponding ages and a list of caregiving duties. The caregiving duties can be narrowed down to specific tasks (such as bathing the children, taking them to school, and picking them up, etc.). Add to the description of housekeeping duties the number of rooms in the household and the number of household members. Housekeeping duties may include cooking (specify meals and times) laundry and ironing, grocery shopping, general housekeeping, cleaning, and tidying, and other tasks.

Note that housekeeping does not include outdoor tasks. It is specifically stated that Your LIC may not perform any outdoor duties such as yard work, lawn

maintenance, gardening, snow removal, washing outside windows, clearing out

the garage, or any other outside work at anytime while in the LIC program. CB

source?

Another important limitation to note is that An LIC may not work for an employer where her services could be contracted out

(e.g. looking after other children or individuals (including family members) from

outside the home in which employer resides. CB source?

Another section of the contract should outline wages and working conditions which reflect provincial employment standards, as well as prevailing wage rates in your area. This section should contain information on how much you are going to pay the LIC per hour or per week or per month, the hours of work. and the designated day(s) off per week. In addition, state the frequency of pay, the overtime rate (specifying when overtime is to be paid) and schedule of work hours. In terms of overtime pay, the contract should define when the caregiver is considered to be working. This will clearly delineate the boundaries of work and time off, and prevent confusion on what needs to be paid and considered as overtime. The contract should also show that you agree to provide your LIC with information regarding wages and amounts of deduction and pay. You may also agree that this information will be reflected in the pay slip given to the employee each payday. You will deduct income tax, Canada Pension Plan premiums, and employment insurance premiums from the caregiver’s pay. These amounts must be sent by you to the corresponding offices. Other deductions cannot be made without the LIC’s permission. The cost of room and board, and how it is going to be paid, as well as a description of the accommodations provided should also be included in the contract. Note that these deductions must comply with provincial employment standards

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regulations. You may also agree to medical coverage and other benefits. The contract should also contain information regarding the number of weeks of

vacation with pay, paid general holidays, days of paid sick leave and other types of leave. Specific conditions regarding the granting of vacation and vacation pay as well as

sick leave may be included. You should also specify the number of days off or rest periods of your employee. In accordance with provincial employment standards, your employee is entitled to at least one day of rest in each week and a rest period of at least 30 minutes, paid or unpaid during each shift in excess of five consecutive hours (Alberta Human Resources and Employment, 2000).

As well, the contract should cover the agreement between you and your employee regarding written notice of termination of employment. In signing the contract, you commit yourself to abide by provincial labour standards and to provide a Record of Employment (ROE) on termination of employment. You can refer to the sample contract included in this module.

A contract is a significant document that will provide better protection for both employer and employee. If it is an agreement that is worked out by both parties, the commitment to fulfill each obligation is stronger. It is the key to a balanced relationship that respects the rights of others. Hence, it needs to be thoroughly reviewed by both parties before either of you sign it.

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Suggested Activities 1. Consult your family about your needs involving the hiring of a live-in

caregiver. Discuss these needs and make a family decision. 2. Look into sample advertisements for a caregiver in the daily newspapers.. Try

to make your own advertisement. 3. Prepare an interview guide (ask family members for their input on questions

they would like the LIC to answer). 4.. Taking into consideration the suggestions in this module, create an

employment contract with your prospective employee or make an outline of items to include in a contract (useful information is provided in the Module Three).

Self-Learning Review After reading the module, review the preparatory steps toward hiring an LIC. Make a

list of the things you must do and the records or documents you need to present and to keep.

Reflections Do a self-evaluation. Ask yourself, “Am I ready to hire an LIC?” Based on the

preparatory steps you outlined, make an assessment of your readiness to hire one.

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Bibliography and Recommended Readings Calgary Association of Women and the Law (1993). Live-in caregiver's (domestic

worker’s) handbook. Calgary. Citizenship and Immigration Canada (1999) The live-in caregiver program. Minister

of Public Works and Government Services. Citizenship and Immigration Canada. (2001-09-27). Employer’s role.

http://www,youth.on.ca/english/se/fwr/lcp_employers_e.shtml

Citizenship and Immigration Canada. (2001-09-27). Caregiver’s role. http://www,youth.on.ca/english/se/fwr/lcp_caregivers_e.shtml

Citizenship and Immigration Canada. (2001-09-27). Role of HRDC. http://www,youth.on.ca/english/se/fwr/lcp_hrdc_e.shtml

Citizenship and Immigration Canada. (2001-09-27). Role of CIC. http://www,youth.on.ca/english/se/fwr/lcp_cic_e.shtml

Pick, D. & Hadley, M. (1998). Am I hiring the right nanny? CA: Innovative Personnel Strategies.

Porazzi, Kimberly (1999). The nanny kit. New York: Penguin Group.

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Self-Learning Module Three - Living With a Live-In Caregiver (LIC)

Introduction The study In the Shadows: Live-In Caregivers in Alberta (2000) indicated that LIC

employers are interested in helping their LICs adjust and integrate into Canadian society. Module Three offers some ideas that LIC employers can use to help their LICs integrate, such as providing them with information about Canada and showing them how to access information from various sources. Module Three also outlines your responsibilities an employer, to your LIC employee. In addition, it offers some suggestions on how to live harmoniously with an LIC.

Learning Objectives After reviewing Module Three you will-

1. know how to help your LIC integrate into our society 2. understand and be able to explain your rights and obligations 3. have strategies to help you to live harmoniously with an LIC

Things You Need to Know

Introducing the LIC to a New Environment

Get to Know Your LIC As soon as your foreign LIC receives her employment authorization

bearing your name as employer, it is a good idea to send her a letter introducing yourself. You might include a few lines of introduction about each family member, along with a family photograph or photos of each family member. A friendly note is an effective way to start getting acquainted with one another. You might want to follow this up with information on what to expect when living in this country so she can prepare for her new life. You should meet your LIC at the airport. Let her know in advance how she can recognize you quickly (holding a sign is one way) and ask her how you will know her.

Prepare Your LIC's Room Since you are required to provide accommodations, it is a good idea to

prepare your LIC’s room. Make sure it is neat and clean with proper lighting and heat control before her arrival. You might consider providing her with a TV, a clock radio, a comfortable chair, a desk and a telephone. Think about ways you might make her feel really welcome, perhaps a special touch such as fresh flowers, magazines, and some sweets or fruit on the day of her arrival. Caring gestures like this will go a long way to making sure your LIC feel welcome and comfortable.

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Introduce Your Family and Home Gradually After the usual introductions at the airport, you will be able to introduce

your caregiver to the other members of your family. You will likely want to show her the bedroom you have prepared and give her some private time to get settled. Your LIC will be tired after her journey. If possible, build in some rest time before she starts to work.

In the meantime, you could orient her to your home. Show the different rooms, the different household appliances, where to find utensils, household supplies, and other things an LIC might want to know. You could also talk about the living arrangements, provide her with a lock for her room and a key entry into the house. Let her know if she will be sharing a bathroom with other members of the family or whether she has a private bathroom.

You can talk about meals and discuss what type of food she will prepare for the family and what her own preferences are. Discuss and agree on the use of the telephone, laundry facilities, family television, and other things that will be shared with others. In other words, discuss things concerning the living arrangements. It is wise to agree on deductions for meals, and what adjustments need to be made to prevent misunderstandings. You should ask and respect your caregiver's opinion on these matters.

Explaining the Job

Talk about the Children or the Adult Who Needs Care Introduce your caregiver to the person who needs care. Allow time for

your family and your LIC to adjust to one another. Focus on nurturing a close relationship that is based on trust and respect. Remember, you and your LIC are not in competition for your children’s affection and love. If it is your baby who needs care, you will want to tell your caregiver some information about the baby, such his age, weight, feeding time, sleep time, personality, etc. If your child is a toddler, tell the LIC about his habits, what he likes to do, and other important things such as special dietary needs, allergies, TV time allowed, or time allowed for computer video games. Discuss the discipline method you would prefer for your child. Be specific about how you want your child to be disciplined.

If the person who needs care is an elderly member of the family, inform the LIC of his condition. If the person who needs care is a disabled member of the family, explain the physical or mental condition and outline what is needed normally, and in unusual circumstances. Include any advice the doctor has given.

Another thing to consider is the importance of a medical authorization which is a formal letter stating that the LIC has authorization to consent to medical treatment, if necessary, for the children. List names and ages of the

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children or an elderly parent who is senile, as well as their health care card numbers, medical insurance information, and include both your (the child's parents) signatures (if you reside together or have joint custody).

Finally, you should allow your caregiver enough time to become acquainted with those who will be in her charge and to get familiar with the daily routine.

Define and Discuss Expectations Explain the daily tasks and discuss your expectations. You might want to

talk about the caregiving duties specified in the contract, such as feeding the baby, putting him to sleep, bathing him, etcetera. Be sure to point what is of primary importance to you. For example, the care and safety of your baby (or elderly or disabled member of your family) is foremost. This means that you recognize that the LIC may not finish other routine tasks, but that all the baby's needs must be met first. Describe in detail your expectations for the housekeeping duties such as tidying the children’s rooms, preparing meals, or doing the laundry. Study the contract and try to find ways to help your caregiver fulfill these tasks with ease and efficiency.

Talk About Time Management As an employer, you may consider whether or not to give your LIC the

freedom to organize his own work schedule. However, you may want to make suggestions on this matter, especially if you think it is necessary. Perhaps, you can suggest a time frame or schedule that your LIC may want to follow in doing his work. For example, laundry may be done every week, or grocery shopping on a certain day. Whatever schedule you would like your caregiver to follow, inform him about it. Your baby’s feeding times or sleeping times may be scheduled at certain times of the day. You might choose to make a chart or table of what you expect to be done in a day. Then it is easier to check if it was accomplished or not.

Describe the Basic Routine, and the Dos and Don’ts Inform your caregiver about some of the routine activities in your

household (meal times, nap times for young children, etc.). For example, teaching your children to develop habits such as toilet use, putting toys back after playing, and the dos and don’ts of the home. For example, you may not want your caregiver to scare your child as a way to get him to stop crying or to “baby talk” when the child needs to be comforted. Make your expectations clear. Present the rules of the house, such as not leaving the door open, leaving the door unlocked, excessive telephone use, or using the car without your permission. And remember to emphasize the importance of the use of seat belts.

Remember you and your LIC are a team and must work together as one.

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Communicate often (perhaps find time everyday, maybe in the evening) to discuss in private (away from the children) how the day went, your children’s (or other family members') activities, needs, problems, and progress. Remember, if your LIC makes mistakes, point them out in a sensitive way, but don’t dwell on them.

List Important Telephone Numbers Familiarize your caregiver with telephone numbers for emergencies,

numbers such as 911 and the police station, the fire department, the health help line, and the poison control centre. Also leave a list of people to call in an emergency: your work numbers, a neighbour or relative’s number, the doctor’s number, the school principal, and who to call if the furnace breaks down, etcetera. Make a complete list of these necessary telephone numbers and place them in a permanent place near your telephone. This way, not only your caregiver but the whole family will have easy access to numbers that they may urgently need.

Explaining About Life in Canada

Tell Your LIC About Canada and Its People As you correspond with your LIC, you might inform her about Canada

and its people. If you used an employment agency, the agency may have provided your caregiver with some information about Canada. Ask your LIC what information she already has about living in Canada. Some foreign caregivers have their own networks through which they exchange information and experiences. For example, caregivers who have worked in Hong Kong or the Middle East may have left friends or acquaintances behind to work in Canada. Through their friends or relatives, caregivers learn about other countries. In addition, with the advancement of media and communication, information about other countries has become easier to find.

Regardless, spending a bit of time and effort to orient your LIC will pay off later. You might want to give her a map of the country, the province, and the city where you live. You can briefly describe the geography of the country. You might highlight the fact that Canada is a very big country with very rich natural resources. As one of the highly industrialized countries of the west, it attracts people seeking new opportunities from all over the world. You might also add that Canada is sparsely populated with people from diverse cultural backgrounds and that this cultural diversity is what enriches the country. But most of all, explain that Canada has been chosen by the United Nations in recent years as one of the best countries in the world to live in. A positive image about the country will instill a sense of hope for a brighter future for someone who may find it hard to leave family, friends, and country behind.

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Working in a foreign land may boost an LIC's confidence. At the same time, you might add that while Canada has plenty of opportunities to offer, these entail a lot of responsibility and a determination to succeed. You can give your LIC a list of agencies or organizations that can provide more information about the country and other assistance later on.

Explain How to Cope With the Weather Another important detail your LIC should know before arriving in

Canada is about is the weather here. If your caregiver comes from a tropical country, it would be good for her to know beforehand what the weather is like in this country (don’t make it sound too formidable!). You can mention the below zero temperatures and the different seasons. In addition, explain how to dress appropriately to protect oneself from the cold.

Once your caregiver arrives, you can help her with how to get weather information and how to cope with freezing temperatures. You can orient her by showing clothing and tools associated with the weather.

Describe the Transportation System Orienting your caregiver about the transportation system will also help

her adjust faster. If you teach your caregiver how to access information on getting around to certain places, and how to use maps and directories, your caregiver will learn how to be more independent. You will not have to worry when she takes your children to various places in the community such as the health centre, grocery store, drug store, public library, local playground, the school, etcetera. Not only will you help her adjust quickly but, in the long run, it will be to your own benefit. You will soon have a caregiver with whom you can entrust your family as well as the smooth operation of your household.

Help Your LIC Get a Social Insurance Number As an employer, you need to consider the fact that your employee is new

to the country and still needs some time to learn about her new environment. You may wish to help your LIC apply for a social insurance number by taking her to the nearest Human Resources Centre. You should inform her that a social insurance number (SIN) is essential to work legally in Canada, and that it also serves as a personal identification federal programs and other situattions. Explain that this number must be given to every employer each time anyone starts a new job.

Help Your LIC Get Health Care Insurance In the first week or so, you and your caregiver can also drop by the nearest

health care insurance office in your province or territory to apply for health care insurance. Be sure to tell your LIC that, under Canada’s national health care insurance system, she does not have to pay for the cost of certain hospital

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and medical care. You will have to decide, as the employer, if you will pay for the health

care premiums or you if you will share the cost with your employee.

Explain the roles of CIC and HRC Because your caregiver holds a visitor’s visa, but one with an employment

authorization or work permit, she should know where to access information with regard to her immigration and employment status. Inform your caregiver about the two departments, which handle the processing of these authorizations, that can address any concerns she has. Remind your caregiver about CIC (Citizenship and Immigration Canada) and the HRC (Human Resources Centre) especially when she needs to renew her contract before it expires. HRCs and the local immigration offices are listed in the blue pages of the telephone directory under Government of Canada,

Inform the LIC About Immigrant Settlement Agencies and Community Organizations

It is also helpful to you and your employee to learn how to access the services offered by immigrant settlement organizations. You could encourage her to contact these agencies to find out about these services, in case the LIC should need them in the future. You could also point out that many people new to the country volunteer for these organizations to learn more about their community, to meet people, and to make professional contacts. Also point out how to contact the various religious institutions in the area such as churches, mosques, and temples. You could also help your LIC connect with her community by informing her of opportunities to join in the events and activities of her cultural community. [A list of settlement organizations is included under Resource Information in Module Three].

Your Rights and Obligations as an Employer Minimum standards, which apply to employers and employees under provincial

legislation, are set out by the Alberta Employment Standards Code. This department is administered by Alberta Human Resources and Employment. You can access this information on-line at their website. http://www.gov.ab.ca/lab/what/emplstd.html

Recent changes affecting domestic employment include the entitlement of domestic workers to the minimum wage and general (statutory) holidays with pay. In the definition of domestic employee, live-in caregivers are under the domestic worker category.

A domestic employee is a person employed to do work in the employer’s residence

for the care, comfort and convenience of members of that residence (AHRE, 2000

CB website?).

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The minimum employment standards which apply to domestic workers provide guidelines for employers (AHRE, 2000D CB website), are outlined as employer obligations below.

Minimum Wage Effective July 1, 2000, domestic employees are entitled to the minimum

wage and general statutory holidays with pay. Domestic employees who live in their employer’s home are entitled to a

minimum wage of $1,125 per month, regardless of the number of hours worked. It is also provided that “prorating of the monthly minimum wage is permitted where the employee agrees to work for a portion of a month, such as mornings only.“ Under Alberta employment standards regulations, "work must be confined within a twelve-hour period that includes lunch and rest breaks” except where an accident occurs or Employment Standards issues a permit authorizing "extended hours of work.” The phrase, "regardless of the number of hours worked," does not mean your LIC must be on 24-hour service daily. Your LIC should work only the number of hours as specified in his employment contract. You are also required to provide your LIC at least “one day of rest each week.”

Under federal provision, current LICs’ wages fall under the following categories

• Those who take care of children are entitled to a monthly pay of $1,400 per month

• Those who care for the elderly or disabled are entitled to a monthly pay of $1,600 per month

You can deduct up to $261.95 for room and board from the monthly wage

complied as • 93 meals at $1.95 • 31 nights lodging X $2.60

You cannot deduct charges for meals not eaten in your home from your employee’s paycheck. Hence, adjustments must be made when meals are not consumed or for days when lodging is not provided.

Statement of Earnings As an employer, you must record the hours of work of your employee.

Additional records that must be maintained include wage and overtime rates, wage and overtime pay, vacation and general holiday payments and deductions from employee earnings. You are also allowed to deduct from the employee’s earnings amounts permitted by an act, regulation or judgment, court order, or amounts personally authorized by an employee.

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Rest Periods You must grant your employee a rest period of at least one day of rest each

week as well as a rest period of at least 30 minutes, paid or unpaid, during each shift in excess of five consecutive hours. You must make sure that your LIC stays and sleeps in your home (to do otherwise is to breach the contract) except on the employee's days off or vacation. Accommodations for the LIC on her days off should be arranged by the LIC. You might assist your LIC by helping her get acquainted with others from her community through organizations. Through their acquaintances, LICs may want to arrange to share accommodation for their day(s) off. Should your LIC remain in your home on her day(s) off, you should not call upon her to do any caregiving work unless it is agreed upon in advance, and the LIC is given another day off in lieu of or is paid overtime.

Vacation and Vacation Pay As an employer, you are obliged to grant a minimum of two weeks

vacation with pay after one year of employment and three weeks vacation with pay after five years of employment. Vacation pay may be paid at anytime but not later than the next scheduled payday after the employee starts his vacation. On written request of any employee, you may grant the employee’s annual vacation in periods of not less than one day. You have the final say over the time when the annual vacation is to be taken. If you decide to take your LIC with you on your vacation but expect him to do caregiving duties, you must continue to pay him. To avoid the need for temporary caregiving services, you might consider synchronizing your vacation time with your LIC’s.

General Holidays and General Holiday Pay You should be aware of the following general holidays in Alberta. (CB

source?) New Year’s Day Alberta Family Day Good Friday Victoria Day Canada Day Labour Day Thanksgiving Day Remembrance Day Christmas Day And any other day designated by you

Your employee is entitled to general holidays and general holiday pay if she has worked 30 days in the 12 month period before the holiday. When the holiday falls on a regular workday and you do not require your employee to

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work, you will have to pay her a regular day’s pay. If you require your employee to work on the holiday and the holiday is a normal day of work, you should pay her 1.5 times her regular rate of wages for each hour worked in addition to a regular day’s pay. CB Please verify that the 1.5 times is "in addition" to the regular rate?, it seems like a lot Or you can pay her the regular hourly rate for each hour worked on the holiday and grant her another regular working day off with pay.

Termination of Employment If you wish to terminate the employment of your employee, you must give

her written termination notice of at least • 1 week if employed more than 3 months but less than two years • 2 weeks if employed 2 years but less than 4 years • 4 weeks if employed for 4 years but less than 6 years • 5 weeks if employed 6 years but less than 8 years • 6 weeks if employed 8 years but less than 10 years • 8 weeks if employed over 10 years

or the wages your employee would have earned for the applicable period of notice or a combination of a written termination notice of the wages your employee would have earned for the applicable period of time.

If your employee wishes to terminate her employment, she must give you a written termination notice of

• at least one week if employed more than 3 months but less than 2 years

• at least 2 weeks if employed for 2 years or more A termination notice is not required for employees who have been

terminated for just cause or have been employed three months or less. (Alberta

Human Resources and Employment, October, 2001 CB website?)

Maternity and Parental Leave Effective February 7, 2001 Alberta has extended employment leave for

parents. A new regulation under the Employment Standards Code provides fathers, mothers and adoptive parents with parental leave. In addition, birth mothers are eligible for maternity leave.

These leaves are available to parents of children born on or after December 31,

2001.

To be eligible for maternity and parental leave, employees must have 52 weeks of continuous employment with their employer. This applies to both full and part-time employment.

Length of leave is as follows • birth mothers can take up to 52 weeks of unpaid, job-protected

leave from employment made up of 15 weeks of maternity leave

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and 37 weeks of parental leave • fathers and adoptive parents are eligible for 37 weeks of unpaid,

job protected parental leave. • adoptive parents can take parental leave when they adopt a child

under the age of 18 (Alberta Human Resources & Employment, October 2001)

The following standards do not apply to domestic employees • overtime compensation • benefits such as sick leave, dental coverage and bereavement leave

Such benefits are a matter of negotiation between the employer and employee.

Overtime Agreement Although domestic employees are exempt from overtime compensation,

you and your employee may enter into a written overtime contract which contains at least the following provisions • Instead of overtime pay, employees receive time off and regular pay equal

to the number of hours worked. This means that overtime hours are not paid when worked but instead are banked for use at a future time.

• The time off must be at a time when the employee could otherwise be working for the employer.

• The hours of time off must be at least equal to the number of hours worked.

• If the time off is not taken and paid according to the preceding rules, the employee will be entitled to overtime pay of 1.5 times the employees wage rate for the number of hours worked.

• The time off is to be taken within three months of the pay period it which it was worked unless a collective agreement or a permit issued by the Director of Employment Standards provides for a different term.

• The overtime agreement can be amended or terminated by either party by giving at least one month’s notice Alberta Human Resources and Employment, October 2000

You should give a copy of the overtime agreement to your employee. A time sheet for each pay period should be kept in order to keep track of your employee’s hours of overtime.

Although the Employment Standards Code does not address benefits such as sick leave and dental coverage for domestic employees, you need to consider that your employee is entitled to sick leave as specified in provincial law. You cannot force a caregiver to work if he is ill. Moreover, your LIC should be covered by a health care insurance plan or the Worker’s Compensation Board (in the case of a work related injury).

As an employer, you need to be aware of changes in employment regulations. As well, you must remember that the contract you have signed

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with your employee should be complied with. Make sure that it is in line with employment standard regulations if it is less generous than that provided for by law. Note that you should not pay “under the table” CB you might want to define "under the table," (in parentheses)not everyone knows what this means as this will cause trouble for the LIC when he tries to apply for benefits. As much as possible keep finances well documented on the books.

Providing Accommodation It is your responsibility as an employer to provide accommodation to your

caregiver such as a private room (one not shared with anyone else). It must have a lock to ensure privacy, security, and comfort. You must to provide the essential furniture such as a bed, chair, and desk and (as mentioned earlier) you might consider providing him with a TV set, clock radio, and other amenities. If your LIC chooses to have a private telephone line, he is responsible for all charges related to it. As well, this room needs to be well-lighted, well-ventilated, and well-heated. You need also to provide your employee with a key to the house so that he can have freedom of access. (21) Ensure that your caregiver, who is paying for accommodation enjoys privacy. No one should enter the LICs room without his permission. As well, you should not be store any of your belongings in this private space.

Legal Responsibilities and Deductions As an LIC employer, you must register with Revenue Canada Taxation.

Revenue Canada will provide you with an information kit which contains the necessary forms and explanations how to comply with the regulations. You need to deduct income tax, employment insurance, and Canada Pension Plan (CPP).

Canada Pension Plan is an insurance plan that provides for the payment of a retirement pension to someone who is age 60 or over, who is no longer working or is working very few hours. Both you and your caregiver should contribute to this plan. You should inform your caregiver about the future benefits of contributing to this plan and the eligibility requirements. By contributing to this plan, the contributor can receive disability pension or his spouse and dependent children can receive benefits when he dies. (22)

You should also inform your caregiver that he is covered by Employment Insurance which provides benefits to eligible workers who lose their jobs. EI helps the worker by providing benefits while he looks for another job. The employee’s contribution depends on how much he earns. You should remit your employee’s and your contribution to the government. (23)

You are also required by provincial standard regulations to keep a written record of your LIC’s employment such as a record of your employee’s earnings. Each paycheque should be accompanied by a statement of earnings which includes gross and net pay, specific deductions like income tax,

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employment insurance, and Canada Pension Plan as well as the total hours worked, including overtime, in that pay period. (23)

You are also required to provide your employee with a T4 slip by the end of February every year. The T4 will indicate your employee’s gross earnings and deductions The T4 is needed by your caregiver to file his income tax.

You need also to inquire about worker’s compensation and health insurance through provincial authorities. You might want to get a Workers’ Compensation Plan, an insurance plan for employers. Workers compensation is “a disability insurance system set up under the Alberta Workers Compensation Act that protects workers and employers against the impact of work injuries.” (Workers Compensation Board, 1998: 1). Through this plan, the Workers Compensation Board will pay your employee if he gets sick or injured on the job. Should you decide to apply, you will have to pay for this plan and you cannot deduct any amount from your employee’s wages. (Calgary

Association of Women and the Law, 1993) You might want to help your caregiver apply for medical insurance

through the Alberta Health Care Insurance Plan. Some employers choose to help their caregivers with their Alberta Health Care Insurance Plan premiums by paying the total amount or sharing some of the cost. If you choose to pay for the premiums, you should not deduct them from your employee’s wages.

Building a Harmonious Employer-Caregiver Relationship Employing an LIC demands that both of you need to build, and continue to work on,

a harmonious relationship. Working and living in an employer’s home could become confining to an employee. Your employee needs to feel a sense of ease and freedom which will come freely if the you show respect and trust for your LIC. To build such a relationship, you need to consider several factors.

Open Communication As an employer, encourage your employee to express her ideas on things

and issues that concern her. If you find that the LIC's skills in the language are inadequate, posing barriers to open communication, you may advise your LIC to take the ESL classes offered by the immigrant settlement agencies or educational institutions. (A list of agencies and institutions offering ESL is located in Module Three of this handbook). This may empower your LIC to bring issues or problems to your attention rather than keep them to herself.

When there is dialogue between employer and employee, simple differences will get nipped in the bud CB you might want to stay away from colloquial and culture specific phrases as much as possible and will not grow into more serious problems.

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Cultural Sensitivity You must learn to be sensitive to your employee's cultural background.

You might make an effort to learn about her communication style to prevent misunderstandings. Your LIC's religious beliefs or traditional practices should be respected. The issue of food preferences should also be brought into the open so that possible ways to address the issue can be adopted. Discuss cultural issues if you happen to have time. Share some aspects of your own culture so your LIC will also understand and develop respect for cultures other than her own. You could also inform your LIC about suitable terms for certain body parts and the appropriate language that can be used with the children in her charge. As well, let your LIC know which parts of the body can and can not be touched when she bathes the children. Learning about the culture of others will ensure that you are both more informed and more respectful towards other cultures, and towards your LIC.

Mutual Respect and Trust Fostering mutual respect and trust could be the foundation of a

harmonious and peaceful relationship between you and your LIC. Making your employee feel that she can be relied upon and trusted to do the job will boost her morale. If the employee is not doing things in the way you think they should be done, you should call her attention to the matter and discuss it with her in a professional way. As stated earlier, correct but do not dwell on the LIC’s mistakes. It is how you express your comments or suggestions that determines whether it is taken negatively or positively by your employee.

Do not expect your LIC to be on call 24 hours a day. As any employee your LIC needs uninterrupted sleep time at night and leisure time to pursue her own life. Accommodate your LIC’s requests for time off for doctor and dental appointments, and other critical matters. Don’t expect your LIC to pay out of her pocket for your children’s needs, the cost of outings, or gas for the family vehicle if the LIC is using it for your family’s errands.

Remember too, that respect is earned and cannot be imposed. Compliments given should be sincere. Some employers tell their employees that they are “part of the family” and while the gesture is very pleasing to the ear, if it is not genuine, it could be the root of exploitation. The demarcation line between being an employee and being “part of the family” may become very negligible and may lead to a caregiver saying “yes” to all her employer’s demands even if she feels compelled to do so only out of a sense of gratitude. As an employer with a sense of justice and fairness, make sure you never resort to this kind of hypocrisy for your own benefit.

Exploring Ways of Helping LICs As an employer, you can help make your LIC’s life easier by suggesting

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ways by which your employee can more easily integrate with the Canadian community. Keep in mind that LICs are strictly prohibited from attending an educational institution for the purpose of taking up academic, professional, and vocational training courses (as specified in their employment authorization). However, they can apply for a student authorization which will permit them to legally take courses they are interested in. Note that there is an educational allotment that employers like you should pay each month for the LIC. You might want to encourage your LIC to attend seminars and workshops that will help broaden her knowledge and strengthen skills in areas she finds interesting, such as computers. You might want to send her to one of the computer training programs to gain computer knowledge and skills and which might be useful in communicating with each other (for example, through email) when you are away from home. You may want to send your caregiver for CPR and first-aid training. Some employers specify these as requirements when they advertise for LICs. Or you might benefit from sending your LIC for driving lessons, so she can drive the children to school and pick them up after school. Or she could help you by learning to do the grocery shopping. A list of institutions that offer computer courses, first-aid, and CPR training is included in this handbook. You can also refer to the Yellow Pages for information regarding driving schools.

By allowing and encouraging your LIC to attend community events sponsored her own cultural organizations she will be able to widen her circle of friends and make sure her support network grows. You could also introduce your LIC to organizations where she may volunteer so she can gain experience in other areas. Your show of support will certainly be appreciated by your employee. There have been cases where the LIC remained with the family for years, until the children were grown up. This has happened simply because the caregivers involved enjoyed doing their job. This can only happen if the LIC has a good open relationship with her employers.

Incentives Appreciation for the work done by your employee calls for incentives in

various forms, as is the case in many places of work. While an occasional approving nod can make an employee’s day, a simple gesture like tickets to a movie, a long distance telephone gift certificate, or a calling card expresses a kind of concern that conveys the message, “We know you’ve worked hard, we know you’re tired, and we want you to have an opportunity to relax and to know that we appreciate you." Consider giving your LIC a bonus at a seasonally appropriate time. This could be a strong motivation for her to strive for efficiency in her work because she realizes that you, the employer, truly care.

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Renewing the Contract Your employee’s employment authorization is only good for a year. It

needs to be renewed before it expires. If you plan to renew your LICs contract, you should go through the process of placing an offer of employment at the Human Resources Centre. Once it is validated, you can advise your employee to apply for an employment authorization with the Case Processing Centre (CPC) in Vegreville. In case there are conditions that you wish to modify in the employment contract previously signed by you and your employee, both of you should take some time to review your previous contract and to make a new one which would be mutually beneficial.

Helping Your LIC Apply for Permanent Resident Status After two years or 24 months of working as a caregiver, your LIC can

apply for permanent resident status. This does not include time spent away from the country. You may be able to help your caregiver as she prepares to file her application for permanent residency by allowing her time to secure supporting documents to her application. Allowing her to have some time off to go for a medical examination, to secure police clearance, or helping her with information that might facilitate the application process, are ways you can show your support to your employee. Since the LIC is required to prove she worked full time as a live-in caregiver, any supporting documents such as T4 slips or the record of employment (ROE) are things you should provide for her. If she is planning to include her family in the application, you might give advice or information about where she can access financial assistance.

Preparing Your Family for the LIC's Departure Saying goodbye is usually difficult for people who have been together for

a period of time especially when the relationship has been one that has become close. Sometimes the children get very attached to an LIC. It is important to prepare them for the day when your LIC leaves your home. You might even want to help your LIC move to her new place. It would be a gesture that she will surely appreciate. You might suggest exchanging addresses and phone numbers and may commit yourselves to keep in touch. If you intend to hire another caregiver, you will want to start preparing the other members of the family so they can help with the plans.

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Suggested Activities 1. Collect some brochures about Canada or Alberta and the city or town you live

in, or local maps, transit guides and routes, as well as directories or information packages that your caregiver can use.

2. Fill out a sample pay slip showing a statement of earnings, number of hours worked, wage rate, and deductions.

3. Share some aspects of your culture with your caregiver and express interest in your LIC’s culture and traditions. Talk about food or values and traditions that you think would lead to a better understanding between you and your caregiver.

4. Make a list of and collect all the guides, information kits, forms, etc. that you will need as an LIC employer.

5. Using the Alberta labour standards guide, prepare a sample calculation of the monthly cost of LIC services.

6. Here are some typical situations you might encounter or may have encountered as an LIC employer. Suggest ways of coping with the problem.

a. You notice your employee (LIC) is often crying while working especially in the first few weeks.

b. Your LIC seems reluctant to step out of the house, and avoids going outside, even though the children or elderly parent(s) want to go outside.

Reflection 1. Reflect on your rights and responsibilities as an employer. Can you make a list

of your obligations to your employee? 2. Think of other ways by which you can help your caregiver adjust to her new

environment.

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Bibliography and Recommended Readings Alberta Human Resources & Employment (October 2001). Employment standards

guide. http://www.gov.ab.ca/hre/employmentstandards

Alberta Human Resources & Employment (October 2001) Rights and obligations of employers and employees.

http://www.gov.ab.ca/hre/employmentstandards

Alberta Human Resources & Employment (October 2001). Domestic employment. Employment Standards Fact Sheet No.11,

http://www.gov.ab.ca/hre/employmentstandards

Alberta Human Resources & Employment (October 2001). Employment Standards Information. (A Compilation of Employment Standards Fact Sheets.)

http://www.gov.ab.ca/hre/employmentstandards

Calgary Association of Women and the Law (1993). Live-in caregiver's (domestic worker’s) handbook. Calgary.

Campinha-Bacote, Josepha.(1991). The process of cultural competence: A culturally competent model of care. Ohio: Transcultural CARE Associates.

Citizenship and Immigration Canada (1999) The live-in caregiver program. Minister of Public Works and Government Services.

Opie, T.A. & Bates, L. (2000). Canadian master labour guide. Ontario: CCH Canadian Ltd.

Porazzi, Kimberly (1999). The nanny kit. New York: Penguin Group. Workers Compensation Board. (1998). WCB-Alberta benefit policies consultation.

Edmonton: WCB.

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Self-Learning Module Four - Responding to Challenges

Introduction The study, In the Shadows: Live-In Caregivers in Alberta (2002) showed that there are

concerns and challenges faced by both the LICs and their employers. Module Four identifies some of these and presents ways to respond to them. It also provides information on where to access information and assistance on issues and concerns involving LICs and Employers of LICs.

Learning Objectives After reading Module Four you will be able to -

• identify challenges faced by LICs and Employers of LICs • devise ways to respond to these challenges • help other LIC employers and LICs identify new challenges • know where and how to access information and assistance for you and your

LIC when faced with challenges

Things You Should Know

The Potential for Conflict When people of diverse backgrounds interact with one another, the potential for

conflict is great. Conflict is an inevitable part of our daily lives and a normal consequence of our highly complex and competitive world. This is because each person is unique with different perspectives, interpretations, and opinions.

As you and your LIC interact everyday, the possibility of conflict is inescapable. But conflict need not always be seen in a negative light. A more modern view of conflict finds it as “an outgrowth of diversity that might hold possibilities for mutual growth and for improving the relationship” (Weeks, 1992: 8). In this view, conflicts can serve as opportunities for growth if we develop and employ positive skills to face the challenges they hold.

The Communication Gap In most cases, conflict arises between employer and employee because of

their diversity in terms of perceptions, needs, goals, and opinions. While diversity leads to the opening of possibilities, it often leads to conflict, if such differences are made to define the entire relationship.

Gaps in communication often result in conflict. Misunderstandings happen when things are seen differently and when such differences are allowed to dominate the whole relationship. The communication gap, between you as an employer and your caregiver, stems from the positions you

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hold and the power associated with them. Your different vantage points make it difficult for both of you to see the situation in the same way. This is compounded by the tendency to remain looking at the situation from the same angle. Your perceptions of the whole situation is at a level greatly shaped by your own experiences. This alone creates a gap in the way both of you communicate. Furthermore, the language barrier adds to the existence of this gap. You may speak the same language but the complex structure and nuances of the language could create the wall that stands between you and your caregiver. Differences in communication styles emanating from one’s cultural background could also widen this gap.

Cultural Issues Differences in culture also result in conflict. The difficulty of a caregiver to

maintain eye contact may be seen as impolite by her employer. However, this could be interpreted in their culture as an indication of good manners. Similarly, to reason out may be interpreted as being rude and an indication of ill manners. It could be considered assertiveness by others. In some cultures, the young do not call somebody older than they are by their first names. It is regarded as impolite to do so. Addresses are often added to the names as an indication of respect. In North American culture, calling others by their first names is a way of being informal and friendly.

Ways of disciplining children also differ. Some children are taught to obey and follow their parents’ decisions. Others think that this situation makes children too sheltered and does not make them learn to become independent. An awareness of these cultural differences may remind you to make adjustments when interacting with your caregiver. At the same time, you could also inform him about the values and practices in your own culture. Sharing cultural beliefs and practices could help both of you to understand why people in each culture behave the way they do. This is one of the first steps in opening the door for understanding and in building a stronger and closer relationship.

Other Issues Misunderstanding and conflict, when ignored, can develop into a bigger

and more complex problem. The absence of dialogue on certain issues usually magnifies the problem until it becomes difficult to solve. These issues could sometimes end up in court battles which entail much time, money, and energy. Yet, these battles could often be prevented if neither party allows them to grow.

There are however, serious issues that need to be addressed. Sometimes these problems need the intervention of other parties in order to be resolved. These may happen to you and your caregiver.

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Abuse and Neglect When you decide to hire an LIC to take care of your child, you must have

full trust and confidence that the child is in safe hands and will receive as much care and attention as you would have provided yourself. But there are cases when children become victims of negligence and abuse.

Child abuse includes the physical, emotional or sexual mistreatment or neglect of a

child by a parent, guardian or caregiver which may result in physical injury or

emotional or psychological harm to the child. (Health Canada, 1995:6)

If you notice bruises or welts on your child’s face or body, or your child seems to be listless or exhibiting aggressive behaviour or other changed behaviors, you should not let this pass without making a proper investigation of the matter. Child abuse comes in different forms: physical abuse, sexual abuse, neglect, and emotional abuse. You should listen to your child’s story and assure him that he need not be afraid. Remember, the effects of child abuse are profound and have serious consequences in your child’s life. Children who are abused are at considerable risk of facing language delays, learning disabilities, and brain damage (National Clearinghouse on Family Violence,

1995). The situation must be investigated carefully and sensitively so as not to cause undue stress on your family and your LIC.

The term elder abuse is generally used to mean the physical, psychosocial or

financial mistreatment of a senior. (Minister of Supply and Services Canada, 1994: 1)

Neglect can lead to the three types of abuse, physical, psychosocial and financial abuse. Neglect can be either passive or active. It is passive neglect when the caregiver does not intend to harm the dependent elder. Active neglect occurs when the caregiver consciously fails to met the needs of the senior. If you notice any symptoms or conditions of abuse such as fear or edginess of the elder in the presence of a caregiver or signs of disorientation which may be from misuse of medication, you should take a more serious look at the situation. There are various reasons why elder abuse happens. You must investigate the matter thoroughly since abuse and neglect is a serious offence against the elderly who are very vulnerable to exploitation and deceit.

Abuse and neglect of the disabled is an even greater offence because the victim is helpless. Try to observe your disabled child even when she does not complain. You may keep an eye on what is happening in your household when you notice something different in the behaviour of your child, your elderly parent, or a disabled member of your household. Problems of this nature need to be seriously considered and you must act decisively as the employer to solve them.

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Sexual Harassment Sexual harassment has been defined as any unwanted sexual attention

which is deliberate and often, but not always, repeated. It can be physical such as touching, brushing against you, grabbing or pinching. Or

it can be unwanted sexual looks or unwanted sexual jokes, comments or

questions. (Calgary Association of Women and the Law, 1993: 158)

An awareness of this issue reminds you to be very professional in the way you deal with your employee. Sexual harassment is a serious offence and it ruins the trust built into any relationship. It causes the victim to feel ashamed, embarrassed, guilty, or scared. She loses interest in her work which also affects her performance and the accumulated tension can lead to serious physical problems (Seguin, 1994).Victims of sexual harassment can take their complaints to the Alberta Human Rights Commission which makes sure that CB they try but can they make sure? employers do not sexually harass their workers.

CB I don't think the paragraph below fits in with the abuse section Potential for Conflict, (Heading 3) or Other Issues (H 4)or in the conflict section at all. Perhaps it can go under the next H3 and H4, Conflict Resolution and Responses to Conflict respectively.

Terminating an Employee If in the course of her employment as a caregiver, your employee is no

longer willing or is unable to carry out the work as stated in the contract without just cause and you, likewise, find her work to be unsatisfactory after repeated reminders and do not wish to employ the LIC any longer, you can terminate the contract. However, in accordance with the law, you need to give her a notice of termination. CB something missing at the beginning of this sentence …of employment of one week if she had been under your employ for more than 3 months but less than two years. You can have the option to pay her for the period that the notice would have covered if you can not give her the appropriate notice. Likewise, you must notify the HRC, if you no longer need the services of your employee.

Conflict Resolution

Responses to Conflict Although conflicts offer possibilities to build and improve relationships,

the parties involved need to collaborate to resolve them constructively. You need to work collaboratively with your caregiver to deal with conflicts that arise to prevent these from developing into something serious and which both of you might regret later on.

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There are four ways to deal with conflict as outlined in the material on conflict resolution prepared by Alberta Family and Social Services (CB date and website?). 1. Flight, which is characterized by running away from the problem or

avoiding discussion about differences. 2. Diversion, which is a strategy of deflecting the attention away from the

problem. 3. Fighting, which is to impose one’s will on another person either through

verbal abuse or physical violence. 4. Constructive conflict resolution, in which conflicts are resolved with

actions that are mutually satisfying to those who are involved in the conflict. Dealing with conflict through flight and diversion is appropriate only

when safety is at stake. Hence, in dealing with conflicts involving you and your caregiver, these two strategies could only be employed if there is a necessity to protect someone who might be in danger in the process. They do not yield the best results however, if employed all the time. They do not lead to an effective solution to the conflict. Fighting is not an appropriate way to resolve conflicts because people get hurt in the process and problems are not settled fully.

Constructive conflict resolution involves dealing with problems in a positive way. It does not attempt to conceal the issues or mask them. The parties are encouraged to figure out the source of the conflict and to initiate communication and action in a positive and constructive way until the problem is solved.

A Win-Win Approach: Dialogue Constructive conflict resolution calls for the two parties involved in the

conflict to work together through dialogue to come to a better understanding of the conflict. By employing dialogue, people get to talk. And by expressing and exchanging ideas and views, the smokescreen that hides the cause of the conflict gradually fades away. When dialogue is employed in a democratic atmosphere where both parties know that they are being listened to, and being given the chance to be heard, many problems are converted into possibilities. In dialogue, the people involved in the conflict are focussed on resolution, not their own particular perspective. They do not find triumph in winning over the other person. A true victory is one in which all those involved in the conflict win.

In your situation with your caregiver, when conflicts arise, take time to talk about the problem. A dialogue with your LIC will surely prevent making mountains out of mole hills. CB colloquialism, how about "ease hard feelings and put the issue in a better perspective" Sometimes trivial problems could turn into nasty ones when ignored and left to grow.

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A good relationship is not one without conflict. it is one in which the participants can

resolve conflicts so that no one is hurt or oppressed; so that everybody wins.

Alberta Family and Social Services (need date and source)

In responding to the challenges involving you and your caregiver, you need to engage in dialogue in which you both listen to what the other has to say. Dialogue will enable both of you to win since the goal is not to defeat someone but to let everybody win.

Complaint Resolution The Employment Standards Branch is the provincial agency that is

responsible for the enforcement of the Employment Standards Code. It is tasked with ensuring that employers like you comply with the code.

As an employer, you should be aware of how disputes are resolved through this agency. In complaints against you, for instance involving money owed to an employee, after the complaint has been filed you will be requested to review the complaint and to pay the money owed. If you disagree with the details of the complaint against you, you are expected to provide records or evidence to support your rebuttal of the claim to the investigating officer.

If necessary, further investigation will be made. This will involve mediation efforts by the investigating officer and if this is further appealed, it goes to the registrar who will make another attempt at mediation before it is brought for an umpire hearing. In the process, certain fees must be paid to recover some of the costs to the government.

Another ESB initiative that concerns employers like you is the Education and Compliance Initiative. This is designed to promote awareness and to ensure that employers comply with the requirements contained in the Employment Standards Code and regulations. Through this move, employers like you (based on complaints directed against you) may be identified and selected to undergo meetings with an Employment Standards officer to convince you to comply with the Employment Standards Code and its regulations.

Conflicts play a significant role in maintaining relationships. They have the potential to leave a negative impact on the parties involved. However, you could turn conflicts into something positive which could help you build on your relationship. The possibilities are there for you as the employer to maintain a beautiful relationship with your employee, the caregiver. Finally, you may now realize that you do not have to go through all the complicated legal processes that certain situations can bring about. You can save yourself the harrowing experience of becoming party to an unnecessary court battle, if you simply live your role as an LIC employer.

[For departments, agencies, and organizations and that provide help or

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information on this topic, refer to Community Resources, page ___]. CB I would put Terminating an Employee here (below, as closure after

Conflict Resolution, because termination is the last resort) if you want to keep in under Conflict. However, detailed information does appear under H3 Your Rights as an Employer in Module 3 so perhaps you might put only part of the paragraph in here, and change its title, (We already used this title in Module Three.). How does this abbreviated paragraph and title sound?

Terminating the Contract However, if all efforts to resolve the problem fail , and if your LIC is no

longer willing or is unable to carry out the work as stated in the contract without just cause or if you find her work to be unsatisfactory after repeated reminders and dialogue and do not wish to employ the LIC any longer, you can terminate the contract. {See Your Rights as an Employer, Module 3, page 42.] However, you should note that you must notify the HRC if you no longer need the services of your employee.

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Suggested Activities 1. Think about the potential causes of conflict. What strategies can you propose

to help address the issue of communication between employer and caregiver, or other issues related to household sharing relationships and family members,

2. As an employer, what cultural issues have you experienced which have created conflicts between you and your employee? What other issues have created conflicts? How did you resolve them?

3. Share these strategies with other LIC employers.

Reflections 1. Review the following situations. What situations have you encountered which

seem to be similar to these? How did you work them out? Think of ways of resolving the issue. a. Anita is a Filipina nanny employed by Jeff Anderson. She takes care of

two children, Ellen (age four) and Craig (age 2). While the children were playing, Ellen accidentally pushed her little brother and Craig fell on the floor with a bump. His arm had a bit of swelling. Anita did not know what to do. Scared that she might be reprimanded by her employer for neglect, she decided not to tell him when he came home. Anita could not face her employer and avoided talking to him. Jeff noticed Anita’s behaviour but had no clue as to why she seemed to avoid talking to him. What should Jeff have done?

b. Marcelle hired a nanny for her three-year-old son. One day her son told him about the big statue in Lucy’s room. He was scared of the statue. It turned out that Lucy keeps the statue because it is part of her religious beliefs. Marcelle did not know what to say to Lucy.

c. You find little Samantha crying as you step into your family room. Her older brother Ray had taken her stuff toy away. Your LIC is telling Ray to give the toy back to Samantha. You take Samantha in your arms but she struggles. She runs towards your LIC who wipes away her tears. Your LIC gives her a hug and the little girl stops crying and smiles.

Engage in self-reflection as an LIC employer. What do you think about the LCP's

action? How do you situate your role in the program? After going through the modules, how do you feel about being an employer of a live-in caregiver? How are you and your caregiver getting along?

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Recommended Readings Alberta Family and Social Services. Materials on “Dealing with Conflict “ and

“Constructive conflict resolution” CB date? Alberta Human Resources & Employment (October 2001). Employment

Standards Information. (A Compilation of Employment Standards Fact Sheets.)

Alberta Human Resources & Employment (October 2001). Education and Compliance Initiative. Employment Standards Fact Sheet Number 23.

http://www.gov.ab.ca/hre/employmentstandards

Calgary Association of Women and the Law (1993). Live-in caregiver's (domestic worker’s) handbook. Calgary.

Changing Together… A Centre for Immigrant Women (1994). Family life and the law in Canada.

Citizenship and Immigration Canada (1999). The live-in caregiver program. Minister of Public Works and Government Services.

Citizenship and Immigration Canada. (2001-09-27). Employer’s role. http://www,youth.on.ca/english/se/fwr/lcp_employers_e.shtml

Health Canada. (1995). Child Abuse: Awareness information for the people in the workplace. Ottawa: Minister of Supply and Services Canada.

Mental Health Division and National Clearing House on Family Violence (1995). Child abuse: Awareness information for people in the workplace. Health Canada.

Opie, T.A. & Bates, L. (2000). Canadian master labour guide. Ontario: CCH Canadian Ltd.

Ristock, J. L. (1995). Discussion papers on health/ family violence issues. Health Canada.

Weeks, D.(1994) The eight essential steps to conflict resolution. New York: G. P. Putnam Books.

CB I don’t understand the difference between this list and the one below?

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Bibliography and Recommended Readings Alberta Family and Social Services. Materials on “Dealing with Conflict “ and

“Constructive conflict resolution” Alberta Human Resources & Employment (October 2001) Employment standards

guide. http://www.gov.ab.ca/hre/employmentstandards

Alberta Human Resources & Employment (October 2001) . Rights and obligations of employers and employees. http://www.gov.ab.ca/hre/employmentstandards

Alberta Human Resources & Employment (October 2001). Domestic employment. Employment Standards Fact Sheet No.11

http://www.gov.ab.ca/hre/employmentstandards

Alberta Human Resources & Employment (October 2001). Employment Standards Information. (A Compilation of Employment Standards Fact Sheets.)

Calgary Association of Women and the Law (1993). Live-in caregiver's (domestic worker’s) handbook. Calgary

Changing Together ...A Centre for Immigrant Women..(1994). Family life and the law in Canada.

Citizenship and Immigration Canada (1999) The live-in caregiver program. Minister of Public Works and Government Services.

Citizenship and Immigration Canada. (2001-09-27). Employer’s role. http://www,youth.on.ca/english/se/fwr/lcp_employers_e.shtml

Citizenship and Immigration Canada. (2001-09-27). Caregiver’s role. http://www,youth.on.ca/english/se/fwr/lcp_caregivers_e.shtml

Citizenship and Immigration Canada. (2001-09-27). Role of HRDC. http://www,youth.on.ca/english/se/fwr/lcp_hrdc_e.shtml.

Citizenship and Immigration Canada. (2001-09-27). Role of CIC. http://www,youth.on.ca/english/se/fwr/lcp_cic_e.shtml

Daenzer, Patricia M. (1993). Regulating class privilege: Immigrant servants in Canada, 1940s-1990s. Toronto: Canadian Scholars ‘ Press, Inc.

Health Canada. (1995). Child Abuse: Awareness information for the people in the workplace. Ottawa: Minister of Supply and Services Canada.

Lamba, N., Mulder, M. & Wilkinson, L (2000) Immigrants and ethnic minorities on the prairies: A statistical compendium. Edmonton: PCERII.

National Clearinghouse on Family Violence. (1994). Abuse and neglect of older adults.. Ontario: Minister of Supply and Services CanadA.

Opie, T.A. & Bates, L. (2000). Canadian master labour guide. Ontario: CCH Canadian Ltd.

Philippine Women Centre of BC. (2000). Canada: The new frontier for filipino mail-order brides. Status of Women Canada.

Pick, D. & Hadley, M. (1998). Am I hiring the right nanny? CA: Innovative Personnel Strategies

Pierson, Ruth R. (1995). The politics of the domestic sphere. In Pierson, R. R. &

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Cohen, M.G. Canadian women’s issues. Toronto: James Lorimer & Co. Porazzi, Kimberly (1999). The nanny kit. New York: Penguin Group. Ristock, J. L. (1995). Discussion papers on health/ family violence issues. Health

Canada. Schecter,Tanya (1998). Race, class, women and the state: The case of domestic labour in

Canada. Montreal: Black Rose Books. Seguin, Y. (1994). Assisting the victim of sexual harassment. In Geller-Schwartz, L

(Ed.) From awareness to action: Ottawa: Minister of Supply and Services, Canada.

Webb. S. (1991) Step forward: sexual harassment in the workplace .USA: Master media Ltd.

Weeks, D.(1994) The eight essential steps to conflict resolution. New York: G. P. Putnam Books.

Workers Compensation Board of Alberta. (1998).WCB-Alberta benefit policies consultation Discussion paper 1: services for workers with severe injuries. Edmonton: WCB.

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Handouts for Participants

Handout 1

History of the Live-in Caregiver Program (LCP) As an LIC employer, have you ever wondered how the Live-in Caregiver Program

came about? In her book, Regulating Class Privilege: Immigrant Servants in Canada, (Daenzer,1993) traces the historical development of the program.

The Live-in Caregiver Program evolved from the Foreign Domestic Movement (FDM) which came about in the 1980s. The recruitment of domestic workers from other countries in the years prior to the FDM was due to the need of middle-class Canadian families for domestic workers who were in short supply. Due to the poor working conditions and low wages, domestic work was unattractive to Canadians. With more and more Canadian women seeking to leave work at home for jobs with pay, the demand for domestic workers was high.

Emerging Needs (1940 to 1955) Policy changes have characterized the periods leading to the birth of the

LCP. Before the1950s, Britain was the primary source of domestic workers. British domestic workers entered Canada as full-landed immigrants which granted them occupational mobility rights.

After the Second World War, war-displaced women from Eastern and Southern Europe joined Canada’s domestic force. Despite of their inclusion, the country was still in short supply of domestic workers.

Immigration Policy Changes (1955 to 1980) In 1955, a decision was made to admit women from the British West Indies

to join the domestic scene. In the 1960s, the immigration policy changed. It permitted the entry of immigrants from countries other than Britain who met labour requirements. Later, a numeric point system which rated the worker in relation to the Canadian labour market was used to screen immigrants.

By 1967, the criteria included education, training, specific skills, and other qualifications. In the 70s, because the screening process was causing a major delay in visas, domestic workers (especially people from Jamaica) resorted to entering Canada as non-immigrants with employment visas. As non-immigrants, they had restricted occupational mobility with less workers’ protection rights and were required to leave the country upon the completion of their contracts.

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Balancing the Needs of Employers and Caregivers (1980 to 1990) In 1981, an attempt was made to balance the needs of Canadian families

who were facing a chronic shortage of domestic workers and the need to protect domestic workers from exploitation. Domestic workers continued to enter Canada as non-immigrants and had no occupational mobility rights. The new policy however, gave them the opportunity to gain landed immigrant status after a period of employment in domestic work. This policy came to be known as the Foreign Domestic Movement (FDM). (Daenzer, 1993)

The Live-in Caregiver Program is Born In 1992, the Live-in Caregiver Program (LCP) replaced the Foreign

Domestic Movement (FDM). "The Live-in Caregiver Program is a special program whose objective is to bring workers to Canada to do live-in work as caregivers when there are not enough Canadians to fill the available positions"

(1). Under this program, Live-In Caregivers (LICs) must work and live in their employers’ homes providing care to children, the elderly, or the disabled. They must also have completed the equivalent of a Canadian grade 12 education and six months of formal training or twelve months experience in a job-related field. They must meet either the training or the experience requirement. (2)

Applicants to the program need an employment authorization which allows them to work in Canada as live-in caregivers. The employment authorization is usually valid for only one year, hence, it needs to be renewed before it expires. Live-in caregivers can apply for permanent resident status after two years of employment as an LIC within three years of their arrival in the country. (4-5)

As of today, many men and women from developing countries such as the Philippines and the Caribbean have come to Canada under the LCP. They have rendered caregiving services to many Canadian families and many of them have eventually become permanent residents, have brought their families over, and have successfully settled and gradually integrated into Canadian society.

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Handout 2

Answer to Quiz on The Live-in Caregiver Program ( Module One, Page ____DS) True False 1. Hiring foreign domestic workers was a response to the shortage of

domestic workers in the country.

2. Domestic work is unattractive although it commands very good wages because the work is boring.

3. The British Domestic workers remained working as caregivers because they came as non-immigrants.

4. The objective of the Live-in Caregiver Program is to bring foreign workers to Canada to do live-in work as caregivers because they tend to be less complaining and accept lower wages.

5. There is an agency that was created by the federal government to monitor the enforcement of contracts between an employer and caregiver.

6. Applicants to the LCP need an employment authorization that usually allows them to work and live in Canada for 2 or 3 years.

7. Only those who take care of the elderly and the disabled are considered caregivers.

8. The contract is an important document that helps protect the rights of both employer and caregiver.

9. Employers and caregivers need to be aware of their own rights as well as their obligations.

10. As long as the conditions in the contract are followed, employers need not look into provincial employment standard regulations.

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Handout 3

Provincial and Federal Government Resource List

Employment Standards Offices in Alberta For further information about employment standards in Alberta, you can access the

Employment Standards Website at http://www.gov.ab.ca/gov.cfm or call the province-wide information line, toll-free by calling 310-0000 and dialing (780) 427-3731.

Main Flr, 717 - 7 Ave SW Rm. 360, 200 - 5 Ave. Calgary, AB T2P 0Z3 Lethbridge, AB T1J 4C7 Fax (403) 297-5843 Fax (403) 382-4426 Main Flr, 9940 - 106 St 1st Flr, 346 - 3 St SE Edmonton, AB T5K 2N2 Medicine Hat, AB T1A 0C7 Fax (780) 422-4349 Fax (403) 529-3632 Box 6780, 4904 - 4 Ave Main Flr, 9621 - 96 Ave Edson, AB T7E 1V2 Peace River T8S 1T4 Fax (780) 723-8200 Fax (403) 624-6552 7th Flr, 9915 Franklin Ave 2nd Flr, 4920 - 51 St. Fort McMurray, AB T9H 2K4 Red Deer, AB T4N 6K8 Fax (780) 743-7226 Fax (403) 340-7035 Rm 3101, 10320 - 99St. 5126 - 50 Ave Grande Prairie AB T8V 6J4 St Paul, AB T0A 3A4 Fax (780) 538-5462 Fax (780) 645-6352

Alberta Human Resources and Employment The following departments offers services related to career development, job

placement, and job search information and assistance. Career Information Hotline 1-800-661-3753 CB no local Calgary, Red Deer number? In Edmonton phone 422-4266 Fax (780) 422-5319 Email [email protected] Alberta Learning and Information www.alis.gov.ab.ca

Alberta Human Resources and Employment www.gov.ab/hre/cih

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Canada-Alberta Job Order Bank Service (JOBS) JOBS kiosks located around the province at Career Development Centres and Canada-Alberta Service Centres www.alis.gov.ab.ca/cdc-casc

Across Alberta call 1-800-727-2925 In Edmonton call (780) 917-4899 Employers can place job orders by calling toll-free Across Alberta call 1-800-999-1546 In Edmonton call (780) 427-5627 By fax Across Alberta 1-800-666-5014 By fax in Edmonton (780) 415-1647 For information on the Internet www.gov.ab.ca/hre/jobs Alberta Learning Information Service www.alis.gov.ab.ca Career and Employment Assistance Services Call the RITE Line toll-free 310-0000 or log on to www.alis.gov.ab.ca/cdc-casc For more information on the Internet www.gov.ab.ca/hre/learningandwork

Alberta Learning Information Service www:alis/gov.ab.ca

Employment and Training Initiatives Services can be accessed through an ECSS (Employment and Client Support Services) worker where SFI (Support for Independence)is provided. Labour Market Information Centres (LMICs) LMICs are located within Alberta Career Development Centres and Canada-Alberta Service Centres throughout the province Call the RITE Line toll-free 310-0000 or find the nearest centre or visit www.alis.gov.ab.ca/cdc-casc Skills Development Program Supports financially disadvantaged people in need of basic education and/or short term training leading to sustainable employment Info at Canada-Alberta Service Centre and Career Development Centre located throughout the province Call RITE line toll-free 310-0000 or find the centre nearest you or visit www.alis.gov,ab.ca/cdc-casc

Citizenship and Immigration Canada

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For information on granting of citizenship, rights and responsibilities of Canadian citizens, provinces and communities, on settlement and integration of newcomers

Toll-Free 1-888-242-2100 Press “0” to speak to an agent http://www.cic.gc.ca/english/about/cic-e.html CB which is it, this or below?

TTY 1-888-576-8502 CB what does TTY mean Fax (403) 292-5843 CB presume above is national why Calgary only here? 170 Harry Hays Building 220 - 4 Ave SE Calgary, AB T2G 4X3

www.cic.cg.ca.eng

Applications for Canadian Citizenship may be made after three years residence after becoming a landed immigrant.

Human Rights Alberta Human Rights and Citizenship Commission Provides information on human rights and how to foster equality and reduce discrimination. In Edmonton 800 Standard Life Centre 10405 Jasper Avenue Edmonton, AB T6J 4R7 Phone 427-7661 Fax 427-6013

In Calgary 310, 525 - 11 Avenue SW Calgary, AB T2R 0C9 Phone 297-6571 Fax 297-6569 To be connected toll-free from anywhere in Alberta call 310-0000 Email [email protected]

www.albertahumanrights.ab.ca

Canadian Human Rights Commission 495-4040 Human Rights and Citizenship Commission 427-7661 Children’s Advocate 422-6056 Office of the Ombudsman 427-2756

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Handout 4

Community Resource List

Settlement Agencies Catholic Social Services (780) 424-3545 Changing Together...A Centre for Immigrant Women (780) 421-0175 Edmonton Immigrant Services Association (780) 474-8445 Edmonton Mennonite Centre for Newcomers (780) 424-7709 Millwoods Welcome Centre for Newcomers (780) 462-6924 NewHome Immigration and Settlement Centre (780) 456-4663 Calgary Catholic Immigration Society (403) 262-2006 Calgary immigrant Aid Society (403) 265-1120 Calgary Immigrant Women’s Association (403) 263-4414 The Women’s Centre of Calgary (403) 264-1155

Organizations and Institutions Offering ESL Classes LARCC (Language Assessment Referral and Counselling Centre) English Classes Referral 424-3545 Catholic Social Services 424-3545 Changing Together ... A Centre for Immigrant Women 421-0175 Edmonton Catholic Schools CB number? Lifelong Learning 424-1596 Edmonton Chinese Community Service Centre 429-3111 Edmonton Immigrant Services Association 474-8445 Edmonton Mennonite Centre for Newcomers 424-7709 Edmonton Public Schools CB number? Continuing Education 496-1212 Indo-Canadian Women’s Association 490-0477 Millwoods Language Centre 422-7983 Millwoods Welcome Centre for Immigrants. 462-6924 New Home Immigration and Settlement Centre 456-4663 Norquest College CB the only college offering? 422-9061 Fort McMurray CB is Keyano under Ft Mc? Keyano College-Community Education (780) 791-4858 Other Programs YMCA CB is this also in Ft. Mc (780) 790-2970 Grande Prairie Regional College (780) 538-4363

Agencies and Institutions Offering CPR and First Aid Courses St John Ambulance

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10975 - 124 St Edmonton, AB CB pc Phone 452-6161 Fax 453-1632 Provincial Office Phone 452-6565 Fax 452-283 Email CB ck address? edmonton,st john.ab.ca Canadian College of Emergency Medical Services Rm # 3R19 11111 Jasper Ave Edmonton, AB T5K 0L4 Toll Free 1-800-797-4437 Phone 451-4437 Fax 447-4586 Email [email protected]

http://www.ccofems.org

Professional Medical Association Suite 200, 398 St Albert Rd St. Albert AB T5N 5J9 Phone 460-8410 Fax 453--8271 Email [email protected]

http://www.promedics.org

Canadian Red Cross 1-800-307-7997 CB address missing First Aid & Safety Training (780) 448-9624 Breath for Life (780) 434-1368 Integrity Services (780) 963-3964 Grant MacEwan College (780) 497-4020

City Centre Campus 10700 - 1 04 Ave Edmonton, AB (PC) CB

Second Chance CPR (780) 429- 6757 CB address missing Fax (780) 428-4743

Institutions Offering Computer Training

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Grant MacEwan College Business Outreach 5-138 City Centre Campus 10700 - 1 04 Ave Edmonton, AB (PC) CB Jasper Place Campus 10045 - 156 St Edmonton, AB (PC) CB Millwoods Campus 7329 - 29 Ave 10575 - 106 St Edmonton, AB (PC) CB Program Information 10700 - 104 St Edmonton, AB (PC) CB

www.macewan.ca/ctc

The Career College 9939 - Jasper Ave Edmonton, AB (PC) CB (780) 424-6650 outside Edmonton 1-800-282-9917 Northern Alberta Institute of Technology Main Campus 11762-106 St Edmonton, AB T5G 2R1 (780) 471-7400

www.nait.ab.ca

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Norquest College Downtown Campus 10215 -108 St Edmonton, AB T5J 1L6 Information Centre (780) 422-2020 Business Careers (780) 427-5526

www.norquest.ab.ca

Edmonton Downtown #301, Edmonton City Centre East (780) 424-1144 CDI College of Business and Technology 218 Northwood Mall North Campus Edmonton, AB CB pc (780) 478-7900 8615-51st Ave South Campus Edmonton, AB pc (780) 463-7900

West Edmonton Mall West Campus Edmonton, AB pc (780) 481-7900

www.cdicollege.com

Alberta College - Edmonton CB is there a Calgary one 10050 MacDonald Drive Edmonton, AB pc (780) 423-6200 (780) 424-6371 Email [email protected] University of Alberta 114 St - 89 Ave Edmonton, AB T6G 2M7 (780) 492-3111

http://www.ualberta.ca

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Southern Alberta Institute of Technology 1301 - 16 Avenue NW Calgary, AB T2M0L4 (403) 284-7248 Fax (403) 284-7112 www.sait.ab.ca

Mount Royal College Lincoln Park Campus 4825 Richard Road SW Calgary, AB T3E 6K6 Phone: (403) 240-3303 Fax: (403) 240-6740

www.mtroyal.ab.ca

University of Calgary 2500 University Drive NW Calgary, AB T2N 1N4 (403) 220-5517 Fax (403) 289-1253

www://ucalgary.ca

Colleges and Universities in Alberta Institution Addresses Phone Numbers University of Alberta Edmonton T6G 2E1 (780) 492-3111 Athabasca University Athabasca T0G 2R0 (780) 675-6111 University of Calgary Calgary T2N1N4 (403) 220-5100 Augustana University College Camrose T4V 2R3 (780) 679-1100 The University of Lethbridge Lethbridge T1K 3M4 (403) 329-2111 The King’s University College Edmonton T6B 2H3 (780) 465-3500 Red Deer College Red Deer T4N 5H5 (403) 342-3300 Medicine Hat College Medicine Hat T1A 3Y6 (403) 504-3521 Mount Royal College Calgary T5K 6K6 (403) 241-6111 Grande Prairie Reg. Col. Grande Prairie T8V 4C4 (780) 539-2054 Concordia University Col. Edmonton T5B 4E4 (780) 479-8482

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Offices That Provide Information or Assistance on Issues Family Violence Office for the Prevention of Family Violence 11th Floor, Seventh Street Plaza 10030 - 107 St Edmonton, AB T5J 3E4 (780) 422-5916 Family Violence Prevention Centre 423-1635 YWCA of Edmonton Counselling Services 423-9922 Child Abuse Hotline 1-800-387-KIDS (5437) Sexual Assault Centre of Edmonton 423-4121 CB What about Calgary, Red Deer etc.? Safe Talk CB Safe Place? in Sherwood Park 449-0900

Health Services Alberta Blue Cross 498-8000 University of Alberta Hospital CB others? 407-8822 Capital Health Link 408-LINK(5465) CB what about the Health Hotline? Community Care and Public Health 413-7900 CB these are all Edmonton, what about Calgary, Red Deer etc. [Refer to your local telephone directory for more information on agencies and institutions offering health services.]

Live-In Caregiver Organizations Live-in Caregivers Society #101, 9210 - 149 St Edmonton, AB T5R 1C3 (780) 487-2038 Fax 780) 487-2038 Household Workers Association of Alberta 9653 - 102 Ave Edmonton, AB T5H 0E5 (780) 482-2749 Fax (780) 482-4368 West Coast Domestic Workers Association 119 Pender St West, Suite 302 Vancouver, BC V6B1S5 (504) 669-4482 Fax (604) 669-6458

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Philippine Women’s Centre Kalayaan Centre 452 Powell Street Vancouver, B.C.V6A 1G7 (504) 215-1103 Fax: (604) 215-1103 Committee for Domestic Workers and Caregivers’ Rights 789 - 14th St East Vancouver, BC V5P1S9 (504) 874-0649 Fax: (604) 874-0649 Household Workers Association 1857 de maisonneuve West, Suite 318 Montreal, Quebec H3H 1J9 (513) 937-6873 Fax: 514) 937-5548 Canadian Coalition for In-Home Care 12 Inwin Avenue Toronto, ON M4Y 1K9 (905) 849-6520 Fax (905) 849-6921 Toronto Organization for Domestic Workers Rights (Intercede) 234 Eglinton Ave East Toronto, Ontario M6G 1A5 (416) 483-4554 Fax (416) 483-9781 Ottawa Multicultural Homemakers Association (OMHA) c/o Ottawa Carleton Immigrant Services Association 959 Wellington Street Ottawa, Ontario K1Y 4W1 (613) 725-0202 Fax (613)725-9054 Domestic Workers Association of Saskatchewan c/o Immigrant Women of Saskatchewan 2248 Lorne Street Regina, Saskatchewan S4P2M7

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(306) 359-6514 Fax (306) 522-9959 Calgary Immigrant Women’s Centre Domestic Workers Group 750 11th St SW Suite 300 Calgary, AB T2P 3E9 (403)263-4414 Fax (403)264-3914

Associations That Support LICs LINGAP Institute 111 Royal Terrace Edmonton, AB T6J 4R2 (780) 436-8147 Filipino-Canadian Saranay Association 301 A 3855 Millwoods Road Edmonton, AB T6K 2L7 (780) 463-5630 Philippine Women’s Centre Kalayaan Centre 452 Powell Street Vancouver, BC V6A 1G7 (504) 215-1103 Fax: (604) 215-1103

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Handout 5

Sample Employment Contract Employer Employee

Name_________________________________ Name______________________________

Address_______________________________ Address____________________________

Phone No. Home:_______________________ ______________________________

Phone No. Work: ________________________ Offer of Employment _______________ Revenue Canada Employer No.________ Job Title_____________________________ Job Description Child care ____No. of Children________________Ages_____________ Elderly Care__________ Disabled Care_____________ Responsibilities Caregiving Responsibilities (Describe)

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

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__________________________________

__________________________________

__________________________________

Housekeeping Responsibilities (Describe)

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________ Pet care ____ Yes ____ No Additional responsibilities ________________________________________________________________________ Describe the house ________ No. of rooms ___________

__________________________________

__________________________________ Members_________________________________________________________________

__________________________________

__________________________________

__________________________________

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Wages and Deductions Employer will pay employee $________ per hour. It may be increased but not decreased without

discussion with employee. LIC will work ______ hours/day. If the LIC works beyond this number of

hours, employer will pay him/her ______ per hour for overtime hours.

Work Schedule: Employer will pay employee on the 15th and 30th of each month. ____ Employer will provide a pay slip each payday signed by him/her and must show: Employee’s name ____ Dates of Pay Period ____ Hours of Days Worked ____ Overtime hours worked ____ Wage rate and wages paid ____ Deductions: Income tax ____ Canada Pension Plan ____ Employment Insurance ____ Room and Board ____ Adjustments to be made for meals not eaten ____

Deductions for income tax, CPP and EI will be made on the employee’s pay check and remitted to the appropriate government agency. Employer will also deduct amount for room and board. Deductions should not be made for meals not eaten. Employer will not deduct any other amount without the LIC’s written permission.

Working Conditions The employer will provide Accommodation ____ Furnished Private Room ____ Locked _____ Safe working conditions ____ Rest Days ____ Paid statutory holidays ____ Vacation ____ Sick Leave ____ Medical coverage ____

Termination of employment Either employer or caregiver may end this contract.. Unless there is cause for dismissal or employee worked only for 3 months or less,, employer will give at least two weeks notice or pay in lieu of notice. Employee will give two weeks written notice. Employer will provide a Record of Employment (ROE) Pay all money owed to employee

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Complaints Either employer or employee may bring a complaint to the Employment Standards Branch. The employer will not penalize the LIC for doing so. Both agree to abide by Provincial Employment Standards Regulations. Copies of Contract will be signed by both employer and employee. Each will keep a copy of this contract. _________________________________ _____________________________ Employer Caregiver _________________________________ Date

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Handout 6

Sample Pay Slip Here is a sample pay slip. It shows the statement of an employee’s earnings and the deductions made. Statement of Earnings Employee’s Name ____________________________________ Date____________________ Pay Period: From __________________________ To __________________________________ Earnings Regular hours/Days _________ @ 5.90/ hour = $ ______________________ Overtime hours _________ @ ________ = $ ______________________ Vacation Pay _________ @ ________ = $ ______________________ A. Total Earnings = $ ______________________ Deductions Income Tax _____________________ $__________________ CPP _____________________ $__________________ EI _____________________ $__________________ Room and Board _____________________ $__________________ B.Total Deductions $ __________________ C. Net Pay (A-B) $ __________________

____________________________________________ Employer’s Signature

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Handout 7

Workshop Evaluation Form A Please answer the following questions by underlining one of the suggested answers. 1. The information given on the Live-in Caregiver Program and the role of employers of Live-in

caregivers is a. not important b. important c. very important 2. The historical overview of the Live-in Caregiver Program is a. not important b. important c. very important 3. The discussion on the relationship between the caregiver and employer is a. not useful b. useful c. very useful 4. The information about the step by step hiring process is a. not useful b. useful c. very useful 5. The discussion on how to live harmoniously with an LIC is a. not useful b. useful c. very useful 6. The information on how to make an employment contract is a. not useful b. useful c. very useful 7. The information on LIC employer’s rights and obligations is a. not important b. important c. very important 8. How did the facilitator explain the subject of the Live-in Caregiver Program and the role of the LIC

employer? a. not clear b. clear c. very clear

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B. Please answer the following questions: 1. What did you like most about the workshop?

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

2. What did you like least about the workshop?

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

3. After the workshop, what do you think of the Live-in Caregiver Program?

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

4. What do you think of your role as an LIC employer?

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

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