Rules for US-Canada Cross Border Employee Management
Managing cross border workforce means you have to be aware of Cross Border HR rules such as:
Maternity /Paternity leaves:
The United States maternity leave policy as directed by the Family and Medical Leave Act of 1993 (FMLA) mandates 12 weeks of unpaid leave annually for mothers of newborn or newly adopted children. With only some states like California providing new fathers with 6 weeks of paid or partially paid leave. While in Canada, new mothers can take maternity leave for up to 17 weeks and a further 35 weeks is available as parental leave for the 2 parents to split as they choose. All 52 weeks are paid.
Hiring Practices / Human Rights:
The most significant differences between the two countries relate to discrimination based on disability. In Canada, the duty to accommodate disability obligates an employer to accommodate an employee's disability to the point of undue hardship to the employer as a whole, and alcoholism and drug addiction are recognized as disabilities by law that require accommodation. Workplace drug and alcohol testing in Canada is correspondingly restricted. In the United States, alcoholism and drug addiction (in recovery) are recognized as disabilities. Pre-employment drug and alcohol testing is more common in the United States in certain industries