CapitalCare Collective Agreement 2020-2024

Article 13: On-Call Duty

1. The term “on-call duty” shall be deemed to mean any period, during which an Employee is not on regular duty and during which the Employee is on-call and must be reasonably available to respond without undue delay to any request to return to duty, and/or be available for telephone/electronic consultation.
2. Unless otherwise agreed in writing between the Employer and the Union, on-call periods shall be scheduled at least twelve (12) weeks in advance except in cases of emergency.  Unless otherwise agreed between the Employer and the Employee, Employees whose on-call schedule has been changed with less than fourteen (14) calendar days notice shall be paid at the higher on-call rate.
   
   Unless otherwise agreed between the Employer and the Employee, if in the course of a posted on-call duty roster, the Employer changes an Employee's on-call period, the Employee shall be paid at two times (2X) the on-call rate for all hours in the period of on-call affected by the change unless fourteen (14) days notice of such change has been given.  The Employee shall be notified of the change and such change shall be recorded on the on-call duty roster.
3. Wherever possible, the Employee shall not be assigned to on-call duty more than seven (7) consecutive calendar days.  Employees assigned to on-call duty more than seven (7) consecutive days in any two (2) week period shall be paid the higher on-call rate for the eighth (8th) and subsequent days in that two (2) week period.  The higher on-call rate shall apply until an Employee has two (2) consecutive days off without being on-call.  Where an Employee is on-call for more than seven (7) consecutive calendar days at their request or as the result of an exchange with another Employee, the regular on-call rates shall apply.
4. Regulations in respect of approval or authorization for on-call duty and the procedures which are to be followed by an Employee shall be prescribed by the Employer.
5. On-Call Pay
   For each assigned hour, or part thereof, of authorized on-call duty, an Employee shall be paid:
   1. on regularly scheduled days of work, the sum of three dollars and thirty cents ($3.30) per hour; and
   2. on days off and Named Holidays, the sum of four dollars and fifty cents ($4.50) per hour.  A Named Holiday or non-work day shall run from zero one (0001) hours on the Named Holiday or non-work day to twenty-four hundred (2400) hours of the same day.
6. An Employee called back to duty on a Named Holiday shall be:
   1. compensated in accordance with Article 13.07; and
   2. given compensating time off at their Basic Rate of Pay for actual hours worked on the call-back at a mutually agreeable time.  Time not taken by the last day of March in any given year shall be paid out.
7. Call-Back Pay
   1. For each occasion that an Employee is called back to duty during the Employee's on-call period, in addition to the payment received for being on-call, the Employee shall be deemed to be working overtime and shall be paid for all hours worked during the on-call period or for three (3) hours, whichever is the longer, at the overtime rate of two times (2X) the Basic Rate of Pay.  An Employee called back to duty will be permitted to leave the facility upon completion of the procedure or examination for which they were called back.  However, any further requests for emergent procedures received by an Employee prior to leaving the facility following completion of the work required on the initial call shall be considered one (1) call for the purpose of determining call-back pay.
   2. When a Regular or Temporary Employee who has not been assigned “on‑call duty” is called and required to report for work on a call-back basis, they shall be paid for all hours worked, or for three (3) hours, whichever is greater, at two times (2X) their Basic Rate of Pay.  Such Employee shall be entitled to the provisions of Article 13.10.
   3. Call-back pay may be granted in the form of time off duty with pay in accordance with the provisions of Article 12.06.
8. 1. Where an Employee works more than six (6) hours pursuant to Article 13.07, or is called back to work more than twice in the eight (8) hours immediately preceding their next scheduled shift, they shall be entitled to eight (8) consecutive hours rest before commencing their next scheduled shift, without loss of earnings.
   2. Where the Employer fails to provide the required eight (8) consecutive hours of rest in accordance with Article 13.08(a), the Employee shall be paid the overtime rate for all hours worked on the next scheduled shift.
   3. The Employee in the above situation will advise their Supervisor in advance of the fact that they will not be reporting for duty at their scheduled time.
   4. This provision is waived if the Employee is granted a request for a particular shift arrangement.
9. The Employer shall make every effort to avoid placing an Employee “on-call” on the evening prior to or during scheduled off-duty days.
10. An Employee who is called back for duty shall be reimbursed for reasonable, necessary and substantiated transportation expenses and, if the Employee travels for such purpose by private motor vehicle, reimbursement shall be paid at fifty point five cents ($0.505) per kilometre, or the rate per kilometre paid by the Government of Alberta, whichever is higher, from the Employee's residence and return.
11. When an Employee is supplied with an electronic device by the Employer for the purpose of on-call duty, there shall be no cost to the Employee for the use of the electronic device.
12. Telephone/Electronic Consultation
    When an Employee who has been assigned to on-call duty is consulted by telephone or another form of electronic media authorized by the Employer, and is authorized to handle client related matters without returning to the work place, the following will apply:
    1. An Employee who has not completed seven and three-quarter (7 3/4) hours of work in the day or thirty-eight and three-quarter (38 3/4) hours of work during the week shall be paid at their Basic Rate of Pay for the total accumulated time spent on Telephone/Electronic Consultation(s) and corresponding required documentation during the on-call period.  If the total accumulated time spent on Telephone/Electronic Consultation(s), and corresponding required documentation during the on-call period is less than thirty (30) minutes, the Employee shall be compensated at the Basic Rate of Pay for thirty (30) minutes.
    2. An Employee who has completed seven and three-quarter (7 3/4) hours of work in the day or thirty-eight and three-quarter (38 3/4) hours of work during the week shall be paid at the applicable overtime rate for the total accumulated time spent on Telephone/Electronic Consultation(s) and corresponding required documentation during the on-call period.  If the total accumulated time spent on Telephone/Electronic Consultation(s) and corresponding required documentation during the on-call period is less than thirty (30) minutes, the Employee shall be compensated at the applicable overtime rate for thirty (30) minutes.
    3. If, during assigned on-call duty, an Employee works three (3) hours or more of Telephone/Electronic Consultation within the on-call 7-day period, the Employee may choose time off at a mutually agreed to time, instead of payments as outlined in 13.12(a) and (b).
       
       Time not taken by the last day of March in any given year shall be paid out.