Appendix 7 - Atypical work schedules
The employee and the Employer may, by agreement, establish an atypical work schedule that has more hours than the regular work day without, however, exceeding sixteen (16) hours of work.
If the agreement establishes a regular work day of more than twelve (12) hours, the Employer notifies the Union.
Employees on an atypical work schedule may not under any circumstances be given more advantageous benefits than those granted to employees on a regular schedule.
When it is not possible to give access to the atypical work schedule to all employees who volunteer for it, the Employer takes seniority into account in deploying that schedule, unless the local parties come to a different agreement.
Rules
The following provisions are aimed at adjusting the corresponding national provisions set out in the collective agreement:
1. Statutory holidays
On July 1 each year, statutory holidays are converted into hours using the following formula:
Number of hours in the regular work week stipulated for a full-time position X 13 statutory holidays / 5 days
If an employee goes onto an atypical work schedule after July 1, the number of hours obtained by using the abovementioned formula is reduced by the number of hours equal to the statutory holidays already taken since that date.
In the event of an absence during which statutory holidays are not accumulated, the number of hours calculated using the formula is reduced by the number of hours equal to one (1) regular day of work multiplied by the number of statutory holidays that occur during this period of absence.
When a statutory holiday is taken, an employee is remunerated in accordance with the number of hours stipulated for a day of work on the atypical work schedule, and the number of hours calculated using the formula is reduced by the number of hours thus remunerated.
When a statutory holiday coincides with an absence due to illness of up to a maximum of twenty-four (24) months’ duration, the employee is remunerated in accordance with clause 21.03, and the number of hours calculated using the formula is reduced by the number of hours equal to one (1) regular day of work.
For a full-time employee, the Employer reserves enough hours to pay the Québec National Holiday as a statutory holiday.
2. Other types of leave or time off
The days of leave or time off listed below are converted into hours using the following formula:
Number of hours in a regular work week stipulated for a fulltime position X Number of days stipulated in the collective agreement for the time off in question − Number of days of time off already used / 5 days
The types of leave or time off covered here are:
- annual vacation;
- floating days off;
- the bank of sick leave;
- certain types of leave provided under parental rights:
- special leave (clause 25.20);
- paternity leave (clause 25.21);
- adoption leave (clause 25.22).
When such leave or time off is taken, the employee is remunerated according to the number of hours in a day of work stipulated for the atypical work schedule, and the number of hours determined using the formula is reduced by the number of hours thus remunerated.
3. Union leave
When the number of hours of union leave exceeds the number of hours in a regular work week stipulated for a full-time position divided into five (5) days, the bank of union leave is reduced by the equivalent number of days using the following formula:
Number of hours of union leave for a day under the atypical work schedule ÷ Number of hours in the regular work week for a fulltime position / 5 days
4. Disability insurance
The waiting period is equivalent to the number of hours stipulated for the regular work week.
5. Premiums payable per work shift
Premiums payable per work shift are converted into hourly premiums by dividing them by the number of hours in the regular work week stipulated for a full-time position, divided into five (5) days.
6. Weekly premiums
Weekly premiums are converted into hourly premiums by dividing them by the number of hours in the regular work week stipulated for a full-time position.
7. Rest period
When an employee’s work schedule provides for a day of between eight (8) and sixteen (16) hours inclusively, the employee is entitled to a prorated number of minutes calculated on the basis of them having thirty (30) minutes of rest per eight (8)-hour day. These minutes of rest are divided into at least two (2) rest periods.
8. Overtime
For the purposes of qualifying for overtime, the regular work week for a full-time or part-time employee or an employee who works a replacement assignment is the one stipulated on the new schedule. The regular work week of a full-time employee or an employee replacing a full-time employee for the latter’s entire schedule is the one stipulated on the new schedule. For an employee who does replacement work on two kinds of schedules – a regular and an atypical schedule – the regular work week is the one stipulated on the regular schedule for the job title.
An employee who works overtime cannot do more than sixteen (16) consecutive hours, including regular work hours.
9. Part-time employees’ accumulation of experience
When the number of hours of work differs from the number stipulated for a regular work day for their job title, experience is calculated for a day on the atypical work schedule based on the hours worked in relation to the number of hours in a regular work day. Employees cannot, however, accumulate more than one (1) year of experience per calendar year.
10. Payment of hours that are not used
Employees who have not used all the hours of time off converted under this Appendix receive payment, within one (1) month of the end of the period stipulated in the collective agreement for taking the time off in question, for unused hours that do not allow for one (1) full day off with pay.
11. Termination of the agreement
Either the Employer or the employee may terminate the atypical schedule after providing sixty (60) days’ notice.
Despite the previous paragraph, the parties may terminate the atypical schedule at any time by mutual consent.