Alberta Health Services Collective Agreement 2020-2024

LETTER OF UNDERSTANDING #35

BETWEEN

ALBERTA HEALTH SERVICES
(hereinafter referred to as the Employer)

- and -

HEALTH SCIENCES ASSOCIATION OF ALBERTA
(hereinafter referred to as the Union)

RE: REMOTE/HYBRID WORK ARRANGEMENT AGREEMENT

The Collective Agreement applies to Employees covered by the Remote/Hybrid Work Arrangement (RHWA) Agreement. Unless an approved RHWA is in place, work will be completed at an assigned Employer Site as directed by the Employer.

This Letter of Understanding shall apply to Employees who have been approved by the Employer to work in an RHWA.  Where the Employer has denied an Employee’s request, they shall provide their reasons in writing.

Definitions 

For the purposes of this Letter of Understanding, the following definitions apply:

“Remote/Hybrid Work” shall mean work performed by Employees who use computers and telecommunication equipment to work at a non-Employer owned, operated, or affiliated site approved by the Employer. This work may be performed at the approved Remote Site for all, or a subset of scheduled shifts as approved by the Employer.

“Hybrid Work Arrangement” is an arrangement where an Employee alternates their time between an Employer Site and an approved Remote Site.  An Employee in a Hybrid Work Arrangement is regularly scheduled to work at an approved Remote Site and an Employer Site.

“Remote Work Arrangement” is an arrangement where work is performed from an Employee’s home or other approved Remote Site. 

 “Remote Site” shall mean any location that is not owned, operated, or affiliated with the Employer and is approved by the Employer for a RHWA.  

 “Employer Site” shall mean any location that the Employee is directed to go to by the Employer. 

 “Designated Work Location” is as defined in accordance with Article 20.01 for the purposes of calculation and administration of travel.

Terms of Agreement

1. All responsibilities and performance expectations will apply to Employees participating in a RHWA.

2. Where the Employer identifies issues with the performance of an Employee participating in a RHWA, the Employer may require that the Employee report at an Employer Site to enable such issues to be addressed, in which case the Employer will provide the Employee with forty-eight (48) hours’ notice. Such notice will include the expected duration of the requirement to report at an Employer Site.  

3. Nothing in this agreement prevents the Employer from disciplining or terminating an Employee in accordance with Article 37 of the Collective Agreement.

4. The Employer or the Employee may terminate the RHWA by providing sixty (60) calendar days’ written notice, or such shorter period as may be mutually agreed between the Employee and Employer. Where the Employer is terminating the RHWA they will provide reasons in writing.

5. The sixty (60) calendar days’ notice period shall not apply when the Employer terminates the RHWA for cause. 

6.  

   1. Termination of Remote Work Arrangement:

      The Employee shall be directed to report to an Employer Site when the RHWA is terminated in accordance with the above. 

   2. Termination of Hybrid Work Arrangement:

      The Employee shall be directed to report to the Employer Site at which they regularly perform their work. Where there are fewer opportunities to work in the program within the Site than Employees assigned, Letter of Understanding #3 Mobility, shall be applied. 

7. The Employee shall be available to attend work at Alberta Health Services' Sites for meetings, training, in-services, projects or performance appraisals etc. as directed by the Employer.

8. It is expected that the Employee be available for work during scheduled hours as posted by the Employer.

9. An Employee shall not be entitled to shift and/or weekend differential except when scheduled or directed by the Employer to work during hours that qualify for shift and/or weekend differential.

10. An Employee shall not be entitled to overtime payment except when directed by the Employer to work in excess of the normal hours of work as defined in Article 10 (Hours of Work) or Article 44.03 (Part-Time, Temporary and Casual Employees) of the Collective Agreement.

11. For positions where the Employee provides services in the community and is therefore required to travel as part of their regular duties, the following shall apply:

    1. Where an Employee starts or ends their day at the approved Remote Site under this agreement, travel time and kilometreage reimbursement for incurred travel shall not exceed the amount the Employee would have been entitled to under Article 20.02 (e) and (f) as if they had started or ended their day at their designated work location as defined in accordance with Article 20.01; and

    2. For other travel between Employer Sites, travel time and kilometrage shall be paid for all travel on Employer authorized business.

12. Employees in the RHWA who are not required to travel as part of their regular duties shall be:

    1. entitled to include travel time as part of their scheduled shift when travel is required and approved during their scheduled shift between Employer Sites; and

    2. entitled to claim kilometreage in accordance with Article 20: Travel Expenses when business travel is required and approved between Employer Sites.  

13. When an Employee is not required to provide an automobile for use in their employment is directed by the Employer to report to an Employer Site other than their designated work location, they shall be entitled to claim kilometreage in accordance with Article 20. 

14. An Employee shall be reimbursed for necessary parking expenses at sites other than their assigned site in accordance with Employer policy.

15. The Employer may visit the Remote Site for business and inspection purposes, however, the Employee will receive twenty-four (24) hours’ notice or such shorter period as mandated by law in advance of such visits. Such visits will occur during normal business hours of the administrative offices of the Employer, except in cases of emergency.

16. The Employee shall report all of their absences from work to their immediate supervisor or designate.

17. It is understood that dependent care provisions will be in place during hours of work.

The Parties will meet through the Joint Committee during the life of the Collective Agreement to discuss the operation of this Letter of Understanding and to assess possible modifications. The Parties may jointly recommend changes to the Letter of Understanding to their respective principles as a result of these discussions.

The Letter of Understanding will expire March 31, 2024, or upon the date the ratification of the next Collective Agreement, whichever is later.