Alberta Health Services Collective Agreement 2020-2024

Local Conditions Applicable to EMS

ARTICLE 44: PART-TIME, TEMPORARY AND CASUAL EMPLOYEES

Amend Article 44 as follows:

“44.03 Hours of Work

(A) Amend Article 10.03 in the EMS Local Conditions to read:

       “10.03 Regular hours of work, exclusive of meal periods, shall be up to fourteen (14) hours in any day.

(a) A Part-time Employee may work additional shifts from time-to-time.

(b) Where a Part-time Employee volunteers or agrees, when requested, to work additional shifts, they shall be paid their Basic Rate of Pay for such hours or, if applicable, at the overtime rate provided in Article 44.05(A) for those hours worked in excess of the maximums specified in Article 44.03(A).

(c) A Part-time Employee required by the Employer to work an additional shift without them having volunteered or agreed to do so, will receive two times (2X) their Basic Rate of Pay. This premium payment will cease and the Employee's Basic Rate of Pay will apply at the start of their next scheduled shift, or additional shift worked pursuant to Article 44.03(C)(e).

(d) At the time of hire or transfer, the Employer shall state in writing a specific number of hours per shift cycle, which shall constitute the regular hours of work for each Part-time Employee.

(e) In the event that a Casual Employee reports to work for a scheduled shift or a shift for which they have been called in for, and is not permitted to commence work, they shall be paid three (3) hours pay at the Basic Rate of Pay.”

(B) Amend Article 10.06 in the EMS Local Conditions to read:

“10.06 Shift Scheduling Standards and Premiums for Non-Compliance (Applicable to 10.03(b) for Part-time Employees)

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

(i) 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;

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

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

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

(i) failure to provide both of the required two (2) weekends off duty in accordance with Article 10.06(a)(i), 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;

(ii) failure to provide one (1) of the required two (2) weekends off duty in accordance with Article 10.06(a)(i), 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;

(iii) failure to provide fifteen (15) hours off duty between the end of one shift and the commencement of the next shift shall result in payment of two times (2X) the Basic Rate of Pay for all hours worked on that next scheduled shift.

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

(d) 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.”

44.05 Overtime

(A) Amend Article 12.01 to read:

        “12.01 All hours, authorized by the Employer and worked by:

(i) a Regular Part-time Employee in excess of their regularly scheduled shift; or one hundred and sixty-eight (168) hours worked in each consecutive and non-inclusive twenty-eight (28) calendar day period;

(ii) a Casual Employee in excess of their scheduled shift, or up to one hundred and sixty-eight (168) hours worked in each consecutive and non-inclusive twenty-eight (28) calendar day period;

shall be paid for at two times (2X) the Basic Rate of Pay on that day.”

44.07 Salaries

(A) Amend Article 14.02 (a) to read:

“Notwithstanding the time periods stated for increment advancement in the Salaries Appendix, Part-time, Temporary and Casual Employees to whom these provisions apply shall be entitled to an increment on the satisfactory completion of the annual hours of work as per Article 10.03, and a further increment on the satisfactory completion of each period of the applicable regular hours of work thereafter until the maximum rate is attained:

(i) one thousand nine hundred and seventy-one (1,971) regular hours of work (based on two thousand one hundred and ninety (2,190) annual hours); or

(ii) one thousand eight hundred and twenty-nine (1,829) regular hours of work (based on two thousand and twenty-two point seven five (2,022.75) annual hours); or

(iii) one thousand eight hundred and seventy-nine (1,879) regular hours of work (based on two thousand and eight-eight (2,088) regular hours).”

44.08 Vacation With Pay For Part-time Employees

(A) Article 21.02 in the EMS Local Conditions is amended to read:

“21.02 Part-time Employees

Regular Part-time Employees shall earn vacation with pay calculated in hours in accordance with the following formula:

(a) six percent (6%) during the first (1st) year of employment; or

(b) eight percent (8%) during each of the second (2nd) to ninth (9th) years of employment; or

(c) ten percent (10%) during each of the tenth (l0th) to nineteenth (19th) years of employment; or

(d) twelve percent (12%) during each of the twentieth (20th) and subsequent years of employment; or

(e) Regular Part-time Employees shall earn supplementary vacation with pay calculated in hours in accordance with the following formula:

(i) upon reaching the employment anniversary of twenty-five (25) years of continuous service, Employees shall have earned an additional two percent (2%);

(ii) upon reaching the employment anniversary of thirty (30) years of continuous service, Employees shall have earned an additional two percent (2%);

(iii) upon reaching the employment anniversary of thirty-five (35) years of continuous service, Employees shall have earned an additional two percent (2%);

(iv) Upon reaching the employment anniversary of forty (40) years of continuous service, Employees shall have earned an additional two percent (2%);

(v) Upon reaching the employment anniversary of forty-five (45) years of continuous service, Employees shall have earned an additional two percent (2%).”

(B) For Part-Time Employees, Article 21.05(a) is amended to read: 

(a)    All vacation earned during one (1) vacation year shall be taken during the next following vacation year, at a mutually agreeable time, except that an Employee may be permitted to carry forward a portion of vacation entitlement to the next vacation year. Requests to carry-forward vacation shall be made, in writing, and shall be subject to the approval of the Employer. Such carry-forwards shall not exceed forty-eight point seven five (48) hours, prorated based upon full-time equivalency (FTE).

(C) Amend 21.05 for Part-Time Employees by adding:

(f)    Part-time Employees will be paid for their scheduled shift during their approved vacation blocks. To supplement their income while on vacation, a part-time Employee may request, and their manager may agree, to provide vacation pay for all unscheduled days within their approved vacation block up to full-time hours, provided the Employee has enough vacation accrued in their bank at the start of their approved block. This arrangement will not be considered a payout but instead will be coded and paid as “regular vacation”.

Vacation for Casual Employees

(D) Article 21.02 in the EMS Local Conditions is amended to read:

“21.02 (a) Vacation Entitlement

A Casual Employee shall earn vacation entitlement as outlined below. Vacation Leave will be deemed to have commenced on the first (1st`) regularly scheduled work day absent on Vacation Leave, and continue on consecutive calendar days until return to duty:

(i)    during the first (1st) year of employment an Employee is entitled to twenty-one (21) calendar days; or

(ii)   during the second (2nd) to ninth (9th) years of employment an Employee is entitled to twenty-eight (28) calendar days; or

(iii)  during the tenth (10th) to nineteenth (19th) years of employment an Employee is entitled to thirty-five (35) calendar days; or

(iv)  during the twentieth (20th) and subsequent years of employment an Employee is entitled to forty-two (42) calendar days off.

(b) Vacation Pay

Vacation pay shall be paid in accordance with the following:

(i)    during the first (1st) year of employment six percent (6%) of their regular earnings as defined in (C) below; or

(ii)   during the second (2nd) to ninth (9th) years of employment eight percent (8%) of their regular earnings as defined in (C) below; or

(iii)  during the tenth (10th) to nineteenth (19th) years of employment ten percent (10%) of their regular earnings as defined in (C) below; or

(iv)  during the twentieth (20th) and subsequent years of employment twelve percent (12%) of their regular earnings as defined in (C) below.”

(E) Only those regularly scheduled hours and additional hours worked at the Basic Rate of Pay and on a Named Holiday to a maximum of up to twelve (12) hours and periods of sick leave with pay will be recognized as regular earnings for the purpose of determining vacation pay.

44.10 Sick Leave

(A) Amend Article 23.02 in the EMS Local Conditions to read:

“23.02 (a) An Employee shall be allowed a credit for sick leave computed from the date of employment.

(b)    A Part-time Employee shall accumulate sick leave credits up to a maximum credit of nine hundred and sixty (960) working hours, pro-rated to the regularly scheduled hours of the Part-time Employee in relation to the regularly scheduled hours for a Full-time Employee.

(c)    A Part-time Employee shall accumulate sick leave credits on the basis of up to twelve (12) hours per month, pro-rated on the basis of the hours worked by the Part-time Employee in relation to the regularly scheduled hours for a Full-time Employee.

(d)    For Part-time Employees, sick leave accrual shall be based upon regularly scheduled hours of work and any additional shifts worked, to a maximum of full-time hours.”

44.13 Further to Article 9.01, Part-time Employees will have completed their probationary period calculated as follows:

Full-time Annual Hours of Work
4