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Hours of Work and Overtime (OAC)

Contents

Introduction

Your hours of work and overtime

Full-time employees

Part-time employees

Refusing overtime and the impact of overtime on mental and physical health

How to take your accumulated compensating leave time

Requesting your time off

If you would prefer to receive pay instead

If you still have remaining leave time on March 31

Frequently asked questions

If you have questions or need assistance


Introduction

The ability to collectively negotiate the terms and conditions of your employment, including your hours of work and overtime, is an important advantage of being a unionized professional.

Your Collective Agreement defines the parameters of hours of work and overtime in Article 46.


Your hours of work and overtime

The regular work week is 36.25 hours of work.

All overtime hours must be authorized by your manager. While it is not required for you to seek pre-approval to work overtime hours, it is a best practice to seek their approval beforehand.

Full-time employees

Full-time employees, whether permanent or temporary, at Ontario Arts Council are entitled to receive compensating leave time of:

  • 1 hour for each hour worked in between 36.25 hours and 44 hours per work week; and
  • 1.5 hours for each hour worked more than 44 hours per work week.

Part-time employees

If you are a part-time employee, whether permanent or temporary, at Ontario Arts Council who is typically scheduled to work less than 36.25 hours per week:

  • you will be paid at your normal rate for any hours worked up until 36.25 hours per week; and
  • after that, you will receive compensating leave time as follows:
    • 1 hour for each hour worked in between 36.25 hours and 44 hours per work week; and
    • 1.5 hours for each hour worked more than 44 hours per work week.

Refusing overtime and the impact of overtime on mental and physical health

Frequent overtime can be stressful, affect your work-life balance, and lead to burn-out. If frequent overtime demands are becoming a challenge, please seek the assistance of a Workplace Representative at Ontario Arts Council.  

If the stress, timing, or other factors associated with overtime demands are significantly impacting your mental or physical health, it may be necessary to request an accommodation.

Find a Workplace Representative at Ontario Arts Council »


How to take your accumulated compensating leave time

Requesting your time off

  • You can request to take your accumulated compensating leave time at any time.
  • As with any time off, it should be mutually agreed upon between you and your supervisor, but they cannot unreasonably deny your request.

If you would prefer to receive pay instead

  • You must make a request to receive pay in lieu of compensating leave time at the time you work the overtime.

If you still have remaining leave time on March 31

  • Work with your supervisor to mutually agree on a schedule for you to take your leave before September 30.
  • Any remaining leave not taken by September 30 will be paid to you as a lump sum based on your salary rate when you earned the leave time. It will be paid within one month.

Frequently asked questions

Can my supervisor ask me to work overtime without compensation?

No.

Your supervisor or another Employer representative cannot, and should not, request or permit you to work overtime without compensation when that work would otherwise be compensated.

Can I submit a claim for overtime if I am required to carry a mobile phone or computer for work?

Maybe.

Carrying a mobile phone or computer for work is not considered overtime.

However, if there is an expectation from your supervisor that you respond to an email or phone call, or conduct work outside of your normal working hours, you should claim that as overtime.

Can I claim travel time outside my regular hours of work as overtime?

If you are required to travel for work, you can claim the time spent travelling to the destination as overtime if it is outside your regular hours of work.

Time spent in a hotel room after you have travelled to your destination is not included, unless you can prove that you were working at the time. Time spent travelling from your hotel room to your meeting or conference is also not included.

Time travelled to and from your home to your regular workplace is not included.

Can I claim overtime under the AMAPCEO Collective Agreement if I am temporarily assigned to a non-bargaining unit position?

No.

If you are temporarily assigned to a non-AMAPCEO position, your hours of work and overtime are set by the terms and conditions of the non-bargaining unit position. This means that the AMAPCEO overtime and hours of work provisions do not apply.


If you have questions or need assistance

Please contact an AMAPCEO Workplace Representative at Ontario Arts Council, and get in touch by email.

Workplace Representatives are trained union members who have volunteered to confidentially assist members like you in the workplace. They should be your first point of contact in seeking information and representation with an issue at work.

Fact Sheet

Bargaining Unit: Ontario Arts Council (OAC)

Collective Agreement Article: 46

First Published: August 12, 2020

Last Updated: March 18, 2021

Contact a Workplace Representative

See more Ontario Arts Council Fact Sheets