Article 19 - Overtime
19.01
Any work done in addition to the regular day or week of work is deemed to be overtime. Any overtime must be worked with the knowledge of the immediate supervisor or the latter’s replacement. In unforeseen circumstances, however, or if employees are unable to reach their immediate supervisor, or due to the requirements of the work under way, employees are paid at the overtime rate if they provide the reasons justifying the overtime to their immediate supervisor or the latter’s replacement within forty-eight (48) hours. Despite any local provisions to the contrary, if overtime work is required, the Employer must first offer it, in turn, to full-time employees and to part-time employees who do not have a position but who are available for full-time work, in order to distribute the overtime fairly among these employees who normally do the work in the activity centre.
19.02
An employee who works overtime is remunerated as follows for the number of hours worked:
A) Professionals
1) overtime hours are remunerated with compensatory time off, taken within thirty (30) days or at any other date agreed upon by the parties locally;
2) if the Employer cannot grant the compensatory time off, the overtime hours are paid at the straight-time rate.
B) Technicians
1) at one-and-a-half times the employee’s regular salary, excluding any inconvenience premiums;
2) at two times the employee’s regular salary, excluding any inconvenience premiums, if the overtime is worked on a statutory holiday, in addition to payment for the holiday;
3) the parties may agree in local arrangements to convert overtime into time off.
19.03
Notwithstanding clause 19.02, an employee working in an activity centre where services are offered twenty-four (24) hours a day, seven (7) days a week, regardless of the activity centre with which they are affiliated, is paid at twice the rate of their regular salary for the number of hours worked during a full overtime weekend shift, in accordance with the following conditions: - the employee had actually worked the number of hours associated with their job title in the List of job titles, job descriptions and salary rates and scales in the health and social services system; - the employee complies with their work schedule both seven (7) days before and seven (7) days after the overtime shift. The following absences are not grounds for considering that the employee did not comply with their work schedule: - scheduled annual vacation leave; - statutory holidays, excluding compensatory days off; - union leave; - conversion of the evening- or night-shift premium; - scheduled time off arising from work-time arrangements or special agreements; - floating days off; - parental leave, including pregnancy-related medical appointments; - personal leave as set out in the collective agreement.
19.04
Starting with the sixteenth (16th) double-rate overtime shift worked according to the rules set out in clause 19.03, the employee may upon request, instead of being paid at double rate, be paid at time-and-a-half of their regular salary and accumulate in a bank one half (½) day of leave for each work shift covered by this paragraph, up to a maximum of five (5) days per reference year. Days off are taken following an agreement with the Employer. Days off that have not been taken are cashed in at the straight-time rate every year on December 15. The reference year runs from December 1 to November 30, unless the local parties agree otherwise.
19.05
If an employee who is not on on-call duty is called back to work after leaving the institution, the employee receives, for each callback: 1) a transportation allowance equal to one (1) hour at straight time; 2) minimum remuneration of two (2) hours at the overtime rate. It is agreed that work done immediately before the time at which the employee is to come in to work is not a callback to work.
19.06
When a shift change occurs (days, evenings, nights), there must be a minimum of sixteen (16) hours between the end of regular work on a shift and the start of work on another shift, failing which, the employee is paid at the overtime rate for hours worked within the sixteen (16)-hour interval. The parties may agree in local arrangements to reduce the minimum number of hours between the end of regular work on one shift and the start of work on another shift. The minimum interval between two (2) work shifts cannot be an obstacle to work-time arrangements or team management of schedules. The time-and-a-half rate set out in this clause does not apply in such cases.
19.07
In the case of employees on flexible schedules, depending on the period used as the basis for calculation, any work done in addition to the number of scheduled hours within this period is deemed to be overtime, if it is worked with the approval of the immediate supervisor.