Prairie Emergency Medical Services Inc. Collective Agreement 2020-2025

Article 35 - Over/Under Payments

1. In the event that an Employee is over or under-compensated by error on the part of the Employer by reason of wage payment for:

   1. vacation benefits; or
   2. sick leave benefits; or
   3. wages and benefits.

   The Employer shall correct the compensation error no later than the second pay period following the date on which the party/parties discovering the error knew, or ought to have known of the error.
   
   The Employer is permitted to recover from the Employee up to twelve (12) months’ overpayment from the date the mistake occurred. This parallels the ability of the Employee to recover under-compensation error for a similar period. 
   
   In the case of an underpayment, where the Employer discovers the error, the Employer will notify the Employee in writing that an underpayment has been made. Such written notice shall include all calculations. If an under-payment mistake is not corrected by the second pay day, the Employee shall have ten (10) days to file a grievance as outlined in Article 8.

   In the case of an overpayment, the Employer shall notify the Employee in writing immediately following its discovery. All calculations shall be provided to the Employee and discussion about repayment options shall occur. By mutual agreement between the Employer and the Employee, repayment arrangements shall be made. In the event mutual agreement cannot be reached, the Employer shall recover the overpayment by deducting up to ten percent (10%) of the Employee’s gross earnings per pay period, until the entire amount has been repaid.

2. In the event of an overpayment affecting more than fifty percent (50%) of all Employees and totaling more than fifty percent (50%) of Employees’ gross earnings is discovered within twenty four (24) hours and providing that all affected Employees were notified as per Article 35.01 and within that timeframe, Employees will be requested to repay all amounts owed immediately. If this isn’t possible or should there be a disagreement, the Employer shall recover the overpayment by deducting up to fifty percent (50%) of the Employee’s gross earnings per pay period, until the entire amount has been repaid.
3. In the event of an overpayment or underpayment not totaling more than ten (10) percent of the Employee’s gross earnings is discovered within the current pay period, the mistake shall be corrected immediately.
4. Notwithstanding Article 35, over/under payments related to paid vacations shall be subject to Alberta Employment Standards.