Alberta Health Services Collective Agreement 2020-2024

Local Conditions Applicable to EMS

ARTICLE 10:  HOURS OF WORK

Replace Article 10 in its entirety as follows:

Kananaskis Country Station Employees refer to Letter of Understanding #2

1.  

   1. In the event that the Employer determines, based on operational requirements, that amendments to work schedules/shift patterns are required, at that time, the Parties will meet to discuss any amendments contemplated.

   2. The Union recognizes the right of the Employer to schedule the hours of work in order to efficiently serve the needs of its clients while utilizing its budgeted resources as economically as possible. Therefore the Employer retains the exclusive right to schedule hours of work of Employees as necessary to provide coverage for the determined hours of operation.

   3. In recognition of the emergency nature of the ambulance business it is agreed that all Employees will respond, whenever possible within a reasonable period of time, to any request to return to duty in the event of an emergency or an unforeseen disaster.

2. The Employer may schedule the hours of work for Employees who work a compressed work week, on the basis of other combinations of shifts up to twelve (12) hours to provide optimum staffing levels, as determined by the Employer.

3. Regular hours of work for a Full-time Employee shall be one of the following options as determined by the Employer, however any changes to an Employee’s annual hours of work must be agreed upon by the Employer and Union:

   1.  

      1. forty-two (42) hours per week averaged over one (1) complete cycle of the shift schedule;

      2. two thousand one hundred and ninety (2,190) hours per year;

   2.  

      1. thirty-eight point seven five (38.75) hours per week averaged over one (1) complete cycle of the shift schedule;

      2. two thousand and twenty-two point seven five (2,022.75) hours per year;

   3.  

      1. forty (40) hours per week averaged over one (1) complete cycle of the shift schedule;

      2. two thousand and eighty-eight (2,088) hours per year.

4. This clause shall have application for Employees not working on an emergency response/patient transport vehicle/aircraft or stand-by assignments.

   Meal periods and rest period applicable to the regular hours of work identified in Article 10.03(a), (b), or (c) shall apply as follows:

   1. Regular hours of work shall include paid rest periods scheduled by the Employer and exclude at least one (1) and not more than two (2) unpaid meal periods of not less than thirty (30) minutes.

   2. Total time in minutes of paid rest periods shall be calculated in the following manner:

      Length of shift X 0.5 X 60
      7.75

   3. Availability During Meal Periods

      When an Employee is required by the Employer to remain readily available for duty during their meal period, they shall be paid for the meal period at their Basic Rate of Pay unless they are permitted to take compensating time off for the full meal period at a later time in the shift. Such paid meal period shall not be included in the calculation of regular hours of work.

   4. Working During Meal and Rest Periods

      If an Employee is required to work or is recalled to duty during their meal period or rest period, compensating time off for the full meal period or rest period shall be provided later in the shift, or they shall receive pay for the full meal period or rest period in accordance with the following:

      1. for a rest period, they shall be paid at the applicable overtime rate instead of their Basic Rate of Pay;

      2. for a meal period that they are not required to be readily available pursuant to Article 10.04(b), they shall be paid at the applicable overtime rate;

      3. for a meal period that they are required to be readily available pursuant to Article 10.04(b), they shall be paid the applicable overtime rate instead of their Basic Rate of Pay.

5. Employees working on an emergency response/patient transport vehicle/aircraft or stand-by assignments are expected to take rest periods during their shift, as time permits, in accordance with Employer guidelines. The Employer guidelines shall not conflict with Employment Standards.

   Where such an Employee has not received a rest period following five (5) continuous hours of work they may contact their responsible on duty supervisor to make arrangements for a rest period. Requests will not be unreasonably denied except where an accident occurs, urgent work is necessary, or other unforeseeable or unpreventable circumstances occur, or it is not reasonable for the Employee to take a rest period.

   Rest periods taken in accordance with this clause are paid at the Basic Rate of Pay.

6. Shift Scheduling Standards and Premiums for Non-Compliance - Applicable to Article 10.03(b)

   1. Except in cases of emergency or by mutual agreement between the Employer and the Employee, shift schedules shall provide for:

      1. at least two (2) of the scheduled days off to be consecutive in each two (2) week period;

      2. where possible one (1) weekend off in each two (2) week period but, in any event, two (2) weekends off in each five (5) week period;

      3. at least fifteen (15) hours off duty between the end of one (1) shift and the commencement of the next shift;

      4. not more than six (6) consecutive scheduled days of work.

   2. Where the Employer is unable to provide the provisions of Article 10.06(a)(i), (ii), or (iii), and an emergency has not occurred, nor has it been mutually agreed otherwise, the following conditions shall apply:

      1. failure to provide days off in accordance with Article 10.06(a)(i) shall result in the payment to each affected Employee of two times (2X) their Basic Rate of Pay for one (1) regular shift worked during the two (2) week period;

      2. failure to provide both of the required two (2) weekends off duty in accordance with Article 10.06(a)(ii) shall result in payment to each affected Employee of two times (2X) their Basic Rate of Pay for each of four (4) regular shifts worked during the five (5) week period;

      3. failure to provide one (1) of the required two (2) weekends off duty in accordance with Article 10.06(a)(ii) shall result in payment to each affected Employee of two times (2X) their Basic Rate of Pay for each of two (2) regular shifts worked during the five (5) week period;

      4. failure to provide fifteen (15) hours off duty in accordance with Article 10.06(a)(iii) shall result in payment of two times (2X) the Basic Rate of Pay for all hours worked on that next shift.

   3. For the purpose of this provision, “weekend” shall mean a consecutive Saturday and Sunday assuring a minimum of fifty-six (56) hours off duty.

   4. An Employee required to rotate shifts shall be assigned day duty approximately one-third (1/3) of the time unless mutually agreed to by the Employer and Employee provided that, in the event of an emergency or where unusual circumstances exist, the Employee may be assigned to such shift as deemed necessary by the Employer.

      For the purpose of applying this provision:

      1. scheduled days off shall not be considered as day duty; and

      2. time off on vacation shall only be considered as day duty if day duty would have been worked by the Employee according to the shift schedule save and except for the vacation.

7. The Employer reserves the right to implement a core/flex hour scheduling provision as per operational requirements.

   1. Regular hours of work for an Employee working a core flex schedule are two thousand one hundred and ninety (2190) hours per year.

   2. Employees working a core/flex scheduling provision shall work up to a twelve (12) hour shift consisting of not less than three (3) core hours, with the balance of the shift being flex hours, followed by on-call duty for the remainder of the twenty-four (24) hour period. Employees will be available for immediate response during the flex and on-call hours. The Employee shall be compensated for up to twelve (12) hours at their Basic Rate of Pay with the balance of the twenty-four (24) hour period paid at the on-call rate. Core/flex schedules will be four (4) days on followed by four (4) days off unless otherwise mutually agreed by the parties. For the purposes of this Article, the following shall apply:

      1. “Core Hours” shall mean the hours during which an Employee is required to be in uniform, on-duty, at the station (or identified location) and ready for immediate response. 

      2. “Flex Hours” shall mean the hours remaining in the Employee’s shift based on set core hours and calculated by subtracting the core hours from the twelve (12) hour shift. Flex hours are worked after core hours have been completed, over the remainder of the twenty-four (24) hour period.

      3. “On-call Duty” shall make up the balance of the twenty-four (24) hour period.
   3. Any change in core hours shall require thirty (30) days’ notice unless mutually agreed to between the Employer and the Employee.

8. The Employer shall endeavour to ensure that Employees do not work more than fourteen (14) hours in a twenty-four (24) hour period. An Employee who is required to work more than fourteen (14) hours in a twenty-four (24) hour period shall be entitled to eight (8) consecutive hours of rest, exclusive of travel time to a maximum of two (2) hours, prior to commencing their next scheduled shift without loss of regular earnings.

9. On the date fixed by proclamation, in accordance with the Daylight Saving Time Act, of conversion to Mountain Standard Time, regular hours of work shall be extended to include the resultant additional hour with additional payment due therefore at the applicable overtime rate. On the date fixed by said Act for the resumption of Daylight Saving Time, the resultant reduction of one (1) hour in the shift involved shall be effected with the appropriate deduction in regular earnings.

10. Schedule Posting and Schedule Changes (not applicable to Casual Employees)

    1. Unless otherwise agreed between the Employer and the Union, shift schedules shall be posted twelve (12) weeks in advance. If a shift schedule is changed after being posted, the affected Employees shall be provided with fourteen (14) calendar days’ notice of the new schedule.

    2. Except in cases of emergency or by mutual agreement between the Employer and the Employee:

       1. Unless an Employee is given at least fourteen (14) calendar days’ notice of a change of their scheduled day(s) off, they shall be paid two times (2X) their Basic Rate of Pay for all hours worked on such day(s) unless the change is at the Employee's request.

       2. If, in the course of a posted schedule, the Employer changes the Employee's scheduled shift (i.e. days to nights) but not their day off, they shall be paid at the rate of two times (2X) their Basic Rate of Pay for all hours worked on the first shift of the changed schedule unless fourteen (14) calendar days’ notice of such change has been given.

       3. If, in the course of a posted schedule, the Employer changes the Employee's shift start time by more than two (2) hours, they shall be paid at the rate of two times (2X) their Basic Rate of Pay for all hours worked on this shift unless fourteen (14) calendar days’ notice has been given.

11. In the event that an Employee reports for work as scheduled and is required by the Employer not to commence work or to return to duty at a later hour, they shall be compensated for that inconvenience by receiving two (2) hours pay at their Basic Rate of Pay.

12. Should an Employee report and commence work as scheduled and be required to cease work prior to completion of their scheduled shift or return to duty at a later hour, they shall receive their basic hourly rate of pay for all hours worked with an addition of two (2) hours pay at their Basic Rate of Pay for that inconvenience.

13. Employee Shift Exchange 

    Employees may exchange shifts and/or days off with the approval of the Employer provided no increase in cost is incurred by the Employer. Shift and/or day off exchanges may be made up to twelve (12) weeks in advance.

14. Special Assignments

    At the request of the Employer, an Employee may volunteer to work at any of the following special event functions including:

• Teaching

• Meetings

• Committees

• Public events

• Not-for-profit Organization Events

    An Employee volunteering to work at these functions shall be compensated at their regular rate of pay, and the overtime articles shall not apply. Should any Employee not wish to volunteer to work at any of these functions such wish shall not be held against them.”