Carewest 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 available for phone or electronic consultation.
2.  
   1. Unless otherwise agreed between the Employer and the Union, on‑call periods shall be scheduled at least eight (8) weeks in advance excepting 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.
   2. 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 first period of on-call affected by the change unless fourteen (14) days’ notice of that 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 0001 hours on the Named Holiday or non-work day to 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 December 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 Health Care 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 two (2) hours, whichever is greater, at two times (2X) their basic rate of pay.  Such Employee shall be entitled to the provisions of Article 13.09.
   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. The Employer shall make every effort to avoid placing an Employee “on call” on the evening prior to or during scheduled off-duty days.
9. 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 at the rate of 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.  In those situations where Employer policy requires that the Employee use a taxi for call-back purposes, should the Employee commence their regular shift during the call-back, the Employer will pay the taxi fare from the Facility to their place of residence upon completion of the shift providing the Employee uses this mode of transportation.
10. When an Employee is supplied with a cell phone by the Employer for the purpose of on-call duty, there shall be no cost to the Employee for the use of the cell phone for on-call duty responsibilities.
11.  
    1. In the twelve (12) hour period immediately preceding an Employee’s next regularly scheduled shift an Employee:
       1. who works more than six (6) hours pursuant to Article 13.07; or
       2. is called back to work more than two times; 
          
          shall be entitled to eight (8) consecutive hours rest before commencing their next scheduled shift, without loss of earnings.
    2. The Employee in the above situation will advise their Supervisor in advance that they will not be reporting for duty at their scheduled time.
12. Telephone and/or Electronic Consultation
    When an Employee who has been assigned to on-call duty is consulted by telephone and/or Electronic means and is authorized to handle client-related matters without returning to the workplace, the following will apply:
    1. An Employee who has not completed seven and three-quarter (7 ¾) hours of work in the day or thirty-eight and three quarter (38 ¾) hours of work during the week shall be paid at their basic rate of pay for the total accumulated time spent on Telephone and/or Electronic Consultation(s) and corresponding required documentation during the on-call period. If the total accumulated time spent on Telephone and/or 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 ¾) hours of work in the day or thirty-eight and three quarter (38 ¾) hours of work during the week shall be paid at the applicable overtime rate for the total accumulated time spent on Telephone and/or Electronic Consultation(s) and corresponding required documentation during the on-call period. If the total accumulated time spent on Telephone and/or 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. An Employee shall be paid for the accumulated time spent on telephone and/or electronic consultation, provided the Employee submits the required documentation approved by the Employer.