Shift Work: Adapting to a New Reality

Purpose

The purpose of this Procedural Guide, which is a complement to the "Hours of Work: Adapting to a New Reality" procedural guide, is to present shift work, i.e. its conditions and considerations, to support its implementation in order to maximize operations and minimize the use of Leave with Pay for Other Reasons (699) in cases where the implementation of shift work occurs solely at the request of an employee based on their individual circumstances.

Context

The current COVID-19 pandemic is unprecedented. In this context, the Department has demonstrated flexibility by expanding the use of 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, interim measures have to be considered to reintegrate employees back into the workplace and to decrease the use of Leave with Pay for Other Reasons (699).

Amongst other things, shift work allows employees to:

• Modify their hours of work, as part of the normal workday, to minimize the use of leave with pay for other reasons (699).
• Work outside of the standard-work day or work week which may include the weekend.
• Work a variable shift schedule arrangement.

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

Where changes to a weekly schedule are not sporadic, but are for a longer period of time (at least two months), management should consider changes to the employee's work schedule in MyEMS (PeopleSoft).

Shift Work

In accordance with the applicable collective agreement, an employee's work schedule is considered shift work when it does not meet the criteria for day work or, for the Program and Administration Services (PA) group, is not extended on the basis of the provisions of Article 25.11 (Late Hours).

Most collective agreements specify that shift work is considered as hours of work that are scheduled for employees on rotating or irregular basis.

General Conditions

(Applicable to most collective agreement)

Managers must refer to the provisions of the relevant collective agreement as some define the general parameters to follow in the administration of shift work. Here are a few examples:

Union Consultation

Union Consultation is required before implementing a shift schedule. In addition, consultation must occur when the shift schedules are to be changed.

Daily Work Schedule

The work schedule shall be seven decimal five (7.5) consecutive hours per day, exclusive of meal period.

Posting of Schedules

Every reasonable effort shall be made by management to post schedules at least fourteen (14) days in advance of the starting date of the new schedule.

Set Up of a Shift Schedules

Every reasonable effort shall be made by management to arrange shifts over a period not exceeding fifty-six (56) days.

Shift Change Notice

If an employee is given less than seven (7) days' advance notice of a change in the employee's shift schedule, the employee will receive a premium rate of time and one half (1 1/2) for work performed on the first shift of the shift change.

Subsequent shifts worked per the new schedule shall be paid at straight time.

Fluctuation in Hours of Work

Management will make every reasonable effort not to schedule the commencement of a shift within sixteen (16) hours of the completion of the employee's previous shift and to avoid excessive fluctuation in hours of work.

Part-Time Employee and Shift Work

Part-time employees working outside of day work are automatically considered to be on a shift work schedule and must be paid any applicable shift premium.

Shift Premium

An employee working shift on weekdays will receive a shift premium of two dollars ($2) per hour for all hours worked hours between 4:00 p.m. and 8:00 a.m, including overtime. The shift premium will not be paid for hours worked between 8 a.m. and 4 p.m.

Weekend Premium

An employee performing shift work on a weekend will receive an additional premium of two dollars ($2) per hour for all hours worked, including overtime hours, on Saturday and/or Sunday.

Late-Hour Premium

Employees who work shift work are not entitled to the Late-Hour Premium.

Specific Conditions

(Applicable to some collective agreements)

Managers must refer to the provisions of the relevant collective agreement as some define the specific parameters to be followed in the administration of shift work. Here are a few examples:

Union Consultation

In the PA collective agreement, as per clause 25.23, a mutually acceptable agreement must be reached with the union when shift schedules are to be changed and where they are different from those specified in clause 25.13 and 25.17 to establish a variable shift schedule arrangement.

Daily Work Schedule

For NU employee, "shift work" means rotation through two (2) or more periods of eight (8) hours or longer where operational requirements necessitate sixteen (16) or twenty-four (24) hours coverage each day or where the requirements of the position would normally necessitate rotation but the employee, with the approval of management, works on permanent evening or night duty.

Posting of Schedules

In the PA collective agreement, management must post the schedules at least fifteen (15) days in advance.

In the CS collective agreement, management must post the schedules at least twenty-one (21) days in advance.

Not applicable in the FI collective agreement.

Set Up of a Shift Schedules

In the CS collective agreement, management shall set up a shift schedule, which shall cover a period not exceeding two (2) months and not less than twenty-eight (28) consecutive days.

In the SH collective agreement, management shall set up a shift schedule which shall cover a minimum period of four (4) weeks.

There is no restriction in the FI collective agreement.

Shift Change Notice

The SH collective agreement provides for a minimum of seventy-two (72) hours' notice

The FI collective agreement provides for a minimum of five (5) days' notice

Note: Otherwise the employee will receive a premium rate of one and one half (1 1/2) for work performed on the first shift changed. Subsequent shifts worked on the new schedule shall be paid for at straight time.

Fluctuation in Hours of Work

The EC and TC collective agreements provide for a minimum of eight (8) hours between shifts.

The NU collective agreement provides for a minimum of fifteen (15) hours between shifts.

Shift Premium

There is no mention of shift premium in the FI collective agreement

Weekend Premium

There is no mention of weekend premium in the FI collective agreement.

Considerations

• This option allows for some flexibility in meeting the employee's needs while ensuring operational requirements are met.
• In the COVID context, the shift work option is voluntary on the part of the employee and with management consent.
• Provides extended service hours.
• Shift work will result in additional payments (Shift Premium and Weekend Premium).

Scenarios below are applicable to all collective agreements, except the FI collective agreement which does not have any shift and weekend premiums.

Scenario Example A

Note: Since the employee has worked 5.5 hours, as 0.5 hours is deducted for the unpaid meal period, the employee is entitled for the shift premium for the 5 full hours worked (5 hours * $2.00 = $10.00/day as shift premium).

Scenario Example B

Note: Since the employee has worked 7.5 hours, 0.5 hours is deducted for the unpaid meal period, the employee is entitled to the shift premium for the 7 full hours worked. (7 hours * $2.00 = $14.00/day as shift premium).

Scenario Example C

Note: Since the employee has worked 5.5 hours, 0.5 hours is deducted for the unpaid meal period, the employee is entitled to the shift premium for the 5 full hours worked (5 hours * $2.00 = $10.00/day as shift premium).

Note: Since the employee has worked 7.5 hours, 0.5 hours is deducted for the unpaid meal period, the employee is entitled to the shift premium for the 7 full hours worked. (7 hours * $2.00 = $14.00/day as shift premium).

How to Implement

In order for an employee to claim payment for the shift and weekend premiums, it must be entered in Phoenix Self-service. This can be done by submitting a weekly timesheet, indicating the number of full shift hours worked daily, and select the appropriate time reporting code for the shift premium or the weekend premium. Guidance in completing the timesheet in Phoenix Self-service can be found at the Self Service Timesheet link.

If this change will apply for a period of two (2) months or more, the working schedule should be reflected in MyEMS (PeopleSoft). To change a working schedule, managers should follow the Support Guide: Manager Absence Self-Service - Manage Employee Schedules. 

Note that the employee must have selected their Section 34 manager for the time sheet to be processed. Guidance to select a Section 34 manager can be found at the Self Service Select Section 34 Manager link.

Collective Agreement (References)