Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 1 - INTERPRETATION

ESR Section 1 – Definitions – Night Attendant


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section contains definitions for terms used throughout the Employment Standards Regulation.


Text of Legislation

"night attendant" means a person who

(a) is provided with sleeping accommodation in a private residence owned or leased or otherwise occupied by a disabled person or by a member of the disabled person ’s family, and

(b) is employed in the private residence, for periods of 12 hours or less in any 24 hour period, primarily to provide the disabled person with care and attention during the night,

but does not include a person employed in a hospital or nursing home or in a facility designated as a community care facility under the Community Care Facility Act or as a Provincial mental health facility under the Mental Health Act or in a facility operated under the Continuing Care Act;


Policy Interpretation

Definitions under the Employment Standards Regulation are interpreted narrowly because they take away benefits and protection conferred by the Act. All employment conditions, as described in the definition, must be met in order to qualify as a “night attendant”.

Under the Employment Standard Act and Regulation, there are several different categories of employees who provide care and home services and these other types of employees should be distinguished from a “night attendant”. They include:

  • domestic
  • live-in home support worker
  • residential care worker
  • sitter

Example of a “night attendant”

An employee works in the private home of a disabled person for periods of 9 hours per night. His primary duties while at the residence include assisting the disabled person with their personal needs. He is paid for his services by the disabled person’s family, and is provided with a room in the residence to sleep.

This person is a night attendant because he works for periods of less than 12 hours in 24 overnight at the residence, is provided with somewhere to sleep and his primary duties are to provide the disabled person with care and attention during the night.

Note: Section 34(w) of the Regulation excludes a “night attendant” from the hours of work and overtime provisions of the Act.


Related Information

Related sections of the Act or Regulation

ESA

ESR