Hours of Work: Adapting to a New Reality of COVID-19

Purpose

The purpose of this Procedural Guide is to outline potential work schedules, their conditions and considerations as well as provide steps to support their implementation.

Context

The current COVID-19 pandemic is unprecedented. In this context, the Department has demonstrated flexibility by expanding the use of the Leave with Pay for Other Reasons (699) as a temporary accommodation measure. While a return to a pre-COVID environment will likely not occur in the foreseeable future, depending on operations and with management concurrence, a variety of work schedules exists that can be leveraged to optimize employee working hours, such as:

• Changing hours of work, within the normal workday, to minimize the use of Leave with Pay for Other Reasons (699);
• Working non-consecutive hours;
• Working a compressed workweek;
• Working hours outside of the normal workday as defined by their collective agreement.

In all cases, considerations should be given to fairness, equity, costs, impacts related to Phoenix, ability to ensure supervision, client service and operational requirements.

The options listed below are to be applied on an individual basis. Most options allow for a degree of flexibility between the manager and the employee. When the changes to a weekly schedule are not sporadic but for a longer stable period (at least more than two months), management should reflect the changes to the employee work schedule in MyEMS (PeopleSoft).

Regular Schedule

As prescribed by the applicable collective agreement or terms and conditions of employment, a regular schedule consists of 37.5 hours per week for a full-time employee. Note the following:

• The normal workweek begins on a Monday and ends on a Sunday; and,
• The normal workday is 7.5 hours and usually scheduled between 7:00 am and 6:00 pm.

Here is an example of a Regular Schedule (full-time employee).

• When the standard workday is 7.5 hours/day; and,
• When the standard workweek is 37.5 hours/week (75.00 hours for a two-week period)

Flexible Hours

Subject to operational requirements, an employee may request to work flexible hours. This is a work arrangement that allows employees to set the time period in which they will be completing their normal workday, provided they obtain the approval of their manager and abide by their collective agreement. It is expected that regardless of the time the employee starts, they will be able to complete their standard workday.

Considerations

• Flexible hours is an option that allows for some flexibility in meeting the employee’s needs while still ensuring operational requirements are met;
• Allows for employees to work at their personal peak production time. For example, if they are “morning people,” they may prefer an early start time;
• It may facilitate transportation to and from the designated workplace;
• The schedule should not create additional work for other team members;
• The schedule should not result in extra payments (e.g., overtime or premiums).

Scenario Example

Example of Flexible Hours of Work (full-time employee)

A full-time employee has to alternate the days he transports his child to daycare with his spouse. As such, he is requesting to start at different times during the workweek. Management could accept the below flexible schedule.

How to Implement

No changes are required in MyEMS (PeopleSoft) schedule if the employees works 7.5 hours daily within the normal workweek.

Variable Hours of Work

Also known as a "Compressed Workweek" or "Alternate Work Arrangement (AWA)"

This work arrangement permits employees to complete their weekly hours of work in a period other than five (5) standard working days and is averaged over a specified period. For example, an employee might work 75 hours over nine (9) days rather than the usual ten (10) days.

Considerations

• A variable hour work schedule is an option that allows for some flexibility in meeting the employee’s needs while still ensuring operational requirements are met;
• Employees working variable hour schedules continue to be entitled to the same leave provisions as before;
• The arrangement is voluntary on the part of the employee;
• Over a sustained period, longer hours can be physically and mentally demanding for some individuals.

Example of Variable Hours of Work for a full-time employee working on a two-week compressed schedule with 2nd Friday off

• When the standard workday is 7.5 hours/day; and,
• When the standard workweek is 37.5 hours (75.00 hours for a 2-week period):

How to Implement

To implement variable hour schedule, employees must first complete the Work Schedule (HRB5026) (PDF, 96 KB) form and submit it to their manager for approval. The total working hours indicated in the form must correspond to an average of 37.5 hours per week, for a work schedule of either 14, 21 or 28 calendar days (as per applicable collective agreement). More information can be found at this link: How to Apply

Once approved and prior to the start of the new schedule, managers must enter the schedule in MyEMS (PeopleSoft). In order to do so, refer to MyEMS (PeopleSoft) Support Guide: Manager Absence Self-Service - Manage Employee Schedules

Other Option Within Core Hours (7 a.m. to 6 p.m.)

In order to accommodate employees, management may want to explore a work schedule with non-consecutive hours.

Considerations

• This option allows for some flexibility in meeting the employee’s needs while still ensuring operational requirements are met;
• The arrangement should be reviewed on a regular basis based on the employee’s individual circumstances in conjunction with operational requirements;
• The schedule should not create additional work for other team members;
• The schedule should not result in extra payments (such as, overtime or premiums);
• Terms and conditions of the applicable collective agreement continue to apply, including rest periods and lunch period. For example, according to scenario below, two (2) rest periods of 15 minutes each should be scheduled (one in the morning and one in the afternoon) and the lunch period could be taken between10:30 am and 1:00 pm.

Scenario Example

An employee has to care for their child a few hours around mealtime each day. The employee cannot work 7.5 consecutive hours but still can complete their 7.5 hours within the core hours.

How to Implement

If the pre-defined work schedule is 7.5 hours per day, there are no changes to be made in MyEMS (PeopleSoft) as 7.5 hours are performed daily within the core working hours.

Given the nature of this work schedule, it is strongly recommended that the manager and the employee have the details of the agreed work schedule in writing.

Late Hours (Outside Core Hours) –PA Collective Agreement Only

Clause 25.11 of the PA Collective Agreement provides for late hours from 6:00 am to 7:00 am and 6:00 pm to 9:00 pm, from Monday to Friday. Consultation with Labour Relations is required prior to the implementation late hours.

When late hour schedules are implemented, even if the employee voluntarily requests it, the employee is entitled to the $7 late-hour premium (between 6:00 am and 7:00 am and between 6:00 pm and 9:00 pm) for each full hour worked.

Considerations

• Provides extended services hours: early starting time and a late finish time;
• This option allows for some flexibility in meeting the employee’s needs while still ensuring operational requirements are met;
• It may facilitate transportation requirements as well as other personal arrangements and commitments.

The following are examples of day work schedules where late-hour premiums are applicable:

Scenario Example A

An employee has to provide care to her young children as the daycare is closed (Covid-19). She has made alternate arrangements but could only secure a caregiver in the early morning. She voluntarily requested hours of work in the early morning and it is operationally feasible.

Employee works Monday to Friday from 6:00 am to 2:00 pm is entitled to the late-hour premium for the full hour worked before 7:00 am.

The employee is entitled to a late premium of one (1) hour per day (from 6:00 am to 7:00 am) for a total of 5.00 hours from Monday to Friday.

Scenario Example B

An employee has to provide care to her ill mother (Covid-19). She has made alternate arrangements but could only secure a caregiver in the afternoon and as such is only available to start at 1:00 pm. She voluntarily requested hours of work in the evening and it operationally feasible.

Employee works Monday to Friday from 1:00 pm to 9:00 pm is entitled to the late-hour premium for each full hour worked after 6:00 pm.

The employee is entitled to a late premium of 3 hours per day (from 6:00 pm to 9:00 pm) for a total of 15.00 hours from Monday to Friday.

Payment for Late Hour Premium

In order for an employee to claim payment for the late hour premium, requests must be sent via Phoenix self-service in a timely basis. Please refer to the Shift and Late Hour Premiums page for further information . Any requests submitted more than 6 months after the work was completed will not be accepted in Phoenix and must be submitted using the Extra Duty Pay/Shiftwork Report and Authorization GC-179 form.