Hours of Work, Overtime, and On-Call Time (OCY)
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.
The regular work week is 36.25 hours of work.
Full-time employees in the Ombudsman – Children & Youth Unit 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;
- 1.5 hours for each hour worked more than 44 hours per work week; and
- 1.5 hours for each hour worked on your regularly scheduled day off.
If you are a part-time or unclassified employee in the Ombudsman – Children & Youth Unit 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 though you were a full-time employee (above).
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 in the Ombudsman - Children & Youth Unit.
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.
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.
Work with your supervisor to mutually agree on a schedule for you to take your leave before March 31 of the following year. If you do not agree, your manager can determine this schedule themselves.
Any remaining leave not taken by March 31 of the following year will be paid to you as a lump sum based on your salary rate when you earned the leave time.
If the Employer requires you to be on-call, they must pay you three hours’ pay for any 24-hour period.
If while on-call, the Employer requires you to do work beyond checking your email or voicemail, the Employer must also compensate you for the actual overtime worked.
If you are required to work between 5 pm and 7 am, you will receive a shift premium of $0.98 for each hour worked during those times.
If more than 50% of your scheduled hours are between 5 pm and 7 am, you will receive the shift premium for all hours worked, even if they are outside 5 pm and 7 am.
You are not entitled to this shift premium if:
- your usual hours of work are between 5 pm and 7 am; or
- you worked between 5 pm and 7 am for mutually agreed upon reasons.
Can my supervisor ask me to work overtime without compensation?
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?
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 overtime under the AMAPCEO Collective Agreement if I am temporarily assigned to a non-bargaining unit position?
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. See Article 11.3 of your Collective Agreement.
Please contact an AMAPCEO Workplace Representative at the Ombudsman - Children & Youth Unit, 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.
Bargaining Unit: Ontario Ombudsman - Children & Youth Unit
Collective Agreement Article: 46
First Published: August 12, 2020
Last Updated: March 18, 2021