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Hours of Work and Overtime (OFLS)

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

If you still have remaining leave time on December 31

Shift premium

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 see 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 fixed term, in the Ombudsman - French Language Services 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.

Part-time employees

If you are a part-time employee, whether permanent or fixed term, in the Ombudsman - French Language Services 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 follows:
    • 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 a Saturday or Sunday.

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 in the Ombudsman - French Language Services 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.

Find a Workplace Representative in the Ombudsman - French Language Services Unit »


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 when you work the overtime.
  • Payments will be made within two months of the pay period in which you worked the overtime hours.

If you still have remaining leave time on December 31

  • Work with your supervisor to mutually agree on a schedule for you to take your leave before June 30 of the following year. If you do not agree, your manager can determine this schedule themselves.
  • Any remaining leave not taken by June 30 of the following year will be paid to you as a lump sum based on your salary rate when you earned the leave time.

Shift premium

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.

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 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. See Article 11.3 of your Collective Agreement.


If you have questions or need assistance

Please contact an AMAPCEO Workplace Representative in the Ombudsman - French Language Services 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.

Fact Sheet

Bargaining Unit: Ontario Ombudsman - French Language Services Unit (OFLS)

Collective Agreement Article: 46

First Published: August 12, 2020

Last Updated: March 18, 2021

Contact a Workplace Representative

See more Ombudsman - French Language Services Unit Fact Sheets