Bethany Care Society Collective Agreement 2020-2024

LETTER OF UNDERSTANDING #4

BETWEEN
THE BETHANY CARE SOCIETY
(hereinafter referred to as the “Employer”)
- and -

HEALTH SCIENCES ASSOCIATION OF ALBERTA
(hereinafter referred to as the “Union”)

RE: FLEX HOURS

WHEREAS the Parties agree that for some Employees day-to-day flexibility around the Employee’s start and end time provides the Employees the ability to provide quality programming and better responsive services to residents and their families. 

NOW THEREFORE the Parties agree as follows: 

1. Employees may make a request to the Employer to implement flex-time arrangements. Such arrangement will be implemented by mutual agreement of the Employer and the Employee.
2. Flex-time arrangements are appropriate only where operations do not require routine and standardized hours of work.
3. Flex-time arrangements are limited to ad-hoc requirements and are not to be an option for an on-going change in scheduled hours.
4. Employees working flex-time are not expected to waive their overtime rights under the Collective Agreement.
5. Each Employee is responsible for monitoring their own hours to ensure they are not in an overtime situation. The Employee shall discuss potential overtime situations with their Manager and obtain authorization prior to any overtime worked. Authorization for overtime after the fact by the Employer shall not be unreasonably denied where overtime arises as a result of unforeseeable circumstances in which it is impossible to obtain prior authorization.
6. When an Employee approaches their manager to request a flex-time arrangement, the Employee and the manager must develop a flex-time agreement that includes the following components, where applicable:
   1. Who is covered by the Flex-Time agreement;
   2. The threshold that will be in effect with respect to payment of overtime
      
      Options for thresholds are as follows:
      1. Daily thresholds whereby hours worked between seven point seven five (7.75) and twelve (12) hours are paid at straight time;
      2. Weekly threshold whereby hours worked between thirty-eight point seven five (38.75) and forty-four (44) hours in a week are paid at straight time.
          
   3. The maximum flex-time bank that can be accumulated under the arrangement;
   4. The application of shift differential and weekend premium;
   5. The process for scheduling time off in lieu for banked and the payout of remaining banked time when the flex-time arrangement is terminated;
   6. How the flex-time agreement is terminated; and
   7. The notice time is required for the agreement to be terminated by either the Employee or their manager.
7. Flex-time agreements shall be provided to the Employer and to the Union prior to implementation.
8. The Parties will meet at least once during the course of the Collective Agreement to evaluate the application of the Flex Hours Letter of Understanding.  Either party may terminate this Letter of Understanding with sixty (60) days written notice.