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HSAS & North East EMS: April 1, 2017 to March 31, 2026

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ARTICLE 12 – HOURS OF WORK AND OVERTIME

12.01     The standard annual hours of work for full-time employees shall be one thousand eight hundred and twenty (1820) hours, but any full-time employee shall work an average of thirty-five (35) hours without triggering the lay-off provisions of this Agreement.

12.02     In recognition of the emergency nature of the ambulance business, it is agreed that all employees will respond without undue delay, to any request to return to duty in the event of a major emergency or unforeseen disaster according to the Ambulance Act.

12.03     EMT-P/ACP, EMT-A/ICP, EMT/PCP

(a)     All hours worked in excess of eight (8) hours in a day, or forty (40) hours in a week shall be paid at overtime rates. The hours of work of an Employee working less than the normal full-time hours all be paid at overtime rates. The hours of work of an employee working less than the normal fulltime hours may be expanded up to the normal hours of work without the payment of overtime.

(b)     When an Employee reaches one hundred and forty (140) hours in the monthly rotation the Employer is not obligated to call them in.

(c)     Except for the daily overtime rules or where otherwise specified in the agreement, all weekly overtime will be calculated on the basis of hours worked in excess of one hundred and sixty (160) hours over a four-week period (in accordance with the schedule rotation which aligns with the pay), except for casual or part-time Employees working hours which are not part of their scheduled rotation.

Casual or part-time Employees working hours which are not part of their scheduled rotation will not have those hours averaged and will follow Article 12.03(a).

(d)     When an employee is called out for duty during a scheduled day off or on a statutory holiday, she shall be entitled to pay for a minimum of three (3) hours or for the actual hours worked, whichever is greater, at the applicable hourly rate. The called-out employee must remain actively at work for the three-hour period, unless the employee requests and is granted permission to return home (and the employee’s pay will be adjusted accordingly).

(e)     When an employee begins a shift on a scheduled work day and that shift extends into a scheduled day off, the time worked on the scheduled day off shall be paid as overtime at the rate of time and one half (1 ½) the employee’s regular rate.

(f)     When an employee is being paid overtime rates at the time the shift is scheduled to end, and the shift extends into a scheduled day off, the shift shall be paid at two times (2x) the regular rate of pay.

(g)     All Zulu shifts shall be paid a minimum of six (6) floating hours at the applicable rate. All Tango 3 shifts shall be paid a minimum of three (3) floating hours at the applicable rate.

(h)     Each day paid for sick leave, annual vacation, statutory holiday and paid leave of absence shall be considered a shift worked.

(i)      Employees shall be paid for all time worked.

(j)     The existing scheduling practice can be changed or modified during the term of this agreement at any time upon the provision of three (3) months’ notice to the Union.

12.04     (a)      Overtime will be payable at a rate of one and a half (1½)    times the regular rate of pay.

              (b)      An employee will receive double time overtime after actively working fourteen (14) consecutive hours or after actively working fourteen (14) hours in a day.  Unworked floating hours and statutory hours will not be considered as time worked for the purposes of double overtime calculations. This provision will not affect Article 14.04.

12.05     Scheduling of Work

(a)     Provisional work schedules shall be posted twenty-eight (28) calendar days in advance in a place accessible to

(b)     Work schedules shall be confirmed and posted no less than fourteen (14) calendar days in advance.

(c)     Where deviation from the posted and confirmed schedule results from employee-initiated changes or where there is mutual agreement with the employee(s) and the Supervisor, such changes shall not be subject to overtime provisions unless overtime would have been paid irrespective of the

(d)     Employees shall be entitled to trade shifts provided it does not interfere with patient care, subject to the approval of their supervisor. The Employee trading the shift shall provide notice at least five (5) calendar days before the shift to be traded to the on-duty supervisor of the trade Supervisors may approve the shift trade with less notice where circumstances warrant. In no case shall a shift trade result in overtime that would not have been otherwise required to be paid (but for the impact of the shift trade).

(e)     When an employee is directed by the Employer to change their shift from the posted and confirmed schedule on forty-eight (48) hours or less notice from the commencement of the changed shift, the employee shall be paid overtime for the changed It is agreed, however, that in emergency circumstances which could not have been foreseen by the Employer, the overtime rate shall only be paid for the first three (3) hours on each shift so changed.

(f)    For the purposes of call-ins, the distance that an employee lives from the work location will be a valid consideration. (For example, for calls that require a six-minute (6) response time, the Employer will not be obligated to call a staff member who resides so far away from base so as to not allow her to be able to respond within the six (6) minutes.)

(g)     Scheduling of work for casual employees will be on an equitable rotation basis, subject to each employee’s consistent availability. Supervisors can be called whenever required by the Employer, regardless of their placement in the rotation.

12.06     Rest and Meal Periods

(a)     The current practice of rest and meal periods shall continue for the duration of the collective agreement, unless there are significant changes to the scheduling practices. In that case, the Union and the Management shall meet so that the impact of the changes on the rest and meal periods can be explained and understood. The current practice is that employees receive two (2) fifteen-(15) minute paid rest periods and one (one) thirty( 30) -minute paid meal break when they are actively working. If employees are working additional hours, they will be granted additional breaks. It is understood that rest breaks will be taken when they do not interfere with the delivery of service to

(b)     If a paid break is interrupted as the result of conducting business on behalf of the Employer, the Employee shall be entitled to take the full paid break once the business has been concluded.

12.07     Shift Premiums

(a)     Evening/Night Premium

Any Employee working within the hours of 1701 and 0759 hours, shall be paid at their regular hourly rate (as per Article 12 of this agreement) plus a shift premium of two dollars and seventy-five ($2.75) an hour.

(b)     Weekend Premium

Any Employee working between 0001 Saturday and 0001 hours Monday shall be paid at their regular hourly rate (as per Article 12 of this agreement) plus a weekend premium of two dollars and twenty-five cents ($2.25) an hour. This premium will be payable even if an employee is eligible for the evening/night premium, but will not be payable if the employee is being paid at overtime rates.

12.08     Allocation of Additional Work

Allocation of additional work will be offered to Casual and Full-Time Employees first. If the shift cannot be filled with a Casual or Part-Time Employee, then the shift will be offered to a Full-Time Employee. When offering shifts to a Casual Employee or Full-Time Employee the Employer will utilize a list of these Employees showing the employee’s seniority ranking. Once a shift has been offered to an Employee (whether it is accepted or declined), that Employee will move to the bottom of the list. The same method will be followed when offering shifts to Full-Time Employees. The Employer shall maintain a log of the names and times to confirm when employees were called.

12.09    Minimum Report Time

Any employee reporting to work shall be paid not less than three (3) hours at the appropriate rate of pay and shall remain actively at work for the duration of the minimum period.

12.10     Split Shifts

Split shifts shall not be scheduled except by mutual agreement between the Union and the Employer.

12.11     Standby

(a)     Employees shall not be assigned standby on scheduled days off, unless mutually agreed to between Employer and

(b)     Regular workday standby rates will be paid and rates of pay as per this agreement will apply if called

(c)     Standby rates will be paid as follows:

(i)     Three dollars and twenty-five cents ($3.25) per hour for each hour on standby for full-time employees; five dollars ($5.00) for each hour on standby for part-time and casual

                       (ii)     Full-time employees assigned standby on their days off or on a Public Holiday will be paid four dollars and twenty-five cents ($4.25) for each hour on standby.

(iii)     This payment will not be paid during hours in which the employee is called in to work and is receiving regular or overtime pay.

(d)     Employees will not be scheduled for standby for more than six (6) consecutive twenty-four (24) hour days, unless mutually agreed to between the Employer and the Employee.

12.12     Overtime can be taken by the employee as time in lieu by mutual agreement between the Employee and the Employer’s Manager.

12.13     Cancelled Calls

(a)     When an employee is dispatched to respond to a call and that call is subsequently cancelled prior to the 10-8 time, the employee shall be paid for a minimum of three (3) hours at the applicable rate as per the current Provincial Minimum Wage. Employees shall not be required to remain at the

(b)     When an employee is dispatched to respond to a call and that call is subsequently cancelled after the 10-8 time, the employee shall be paid a minimum of two (2) hours at the appropriate rate as per Article 12 of this agreement. Employees shall be required to stay at the base for the two (2) hour

12.14     An Employee designated by the Employer as a Supervisor shall receive fifty (50) dollars per twenty-four hour (24) period when listed as supervisor on the schedule. This premium shall recognize the additional duties for a supervisor, such as receiving phone calls from Dispatch about crew deployment for transfers and occasional phone calls from Employees about scheduling and operational issues.

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