Common use of OVERTIME AND TIME OFF IN LIEU Clause in Contracts

OVERTIME AND TIME OFF IN LIEU. All Employees (a) Where an employee other than a clerical/administration employee, is directed to work outside or in excess of the hours prescribed by 3.7.5, 4.1.1, 4.1.4 (a), that employee will be paid overtime at the rate of time and a half for the first two (2) hours on any one day and double time thereafter. Overtime on a Sunday will be paid at the rate of double time. A minimum period of four (4) hours engagement will apply to all directed overtime on a Saturday and Sunday. (b) Overtime for casual teachers, assistants and exempted teachers will be calculated in accordance with the following: Time and a half will be paid at the rate of 175% of the hourly rate (plus any all-purpose allowance payable) and double time will be paid at the rate of 225% of the hourly rate (plus any all-purpose allowance payable) after two hours. In calculating overtime, each day’s work will stand alone. (c) Clerical/administration employee (i) A clerical/administration employee who is directed to work outside or in excess of the hours prescribed in clause 3.1.2 (f) and 4.1.4 (b), that employee will be paid overtime according to the table below or time off in lieu, in accordance with clause 4.1.5 (a). Hours of overtime worked per day Minimum engagement period Overtime rate Continuing employees Casual employees Hours % of hourly rate % of hourly rate Monday to Saturday First 2 150 175 Monday to Saturday After 2 200 225 Hours of overtime worked per day Minimum engagement period Overtime rate Continuing employees Casual employees Hours % of hourly rate % of hourly rate Sunday All day 200 225 Public holiday all day 250 275 (ii) An employee is entitled to be paid overtime when the total overtime an employee has worked in one week reaches a minimum of half an hour; (iii) An employer must pay an employee a minimum of three (3) hours at overtime rates for work performed on a Saturday where an employee has worked 38 hours or more over Monday to Friday; (iv) An employee required to work overtime hours on a Sunday is entitled to not less than four (4) hours’ pay (inclusive of ordinary hours worked). (d) Time off in Lieu instead of Overtime (i) An employer and employee may agree in writing to the employee taking time off in lieu (TOIL) instead of being paid overtime as prescribed in paragraphs (a), (b) or (c). (ii) The employer must keep a copy of any agreement under paragraph (d)(i) as an employee record. (iii) Where such agreement is reached, the period of time off that an employee is entitled to take is the same as the number of overtime hours worked. TOIL will be taken at a mutually convenient time. (iv) TOIL must be within the first six (6) months of the TOIL being accrued. (v) If the employee has not taken their accrued TOIL: (A) within the six (6) period after the overtime is worked; or (B) where their employment ceases, the employer shall pay the employee, in the next pay period, for the overtime at the overtime rate applicable to the overtime worked. (vi) TOIL may be accessed, by separate agreements, in conjunction with clause 1.11 (Flexible Working Arrangements).

OVERTIME AND TIME OFF IN LIEU. All EmployeesEmployees other than teachers (a) Where an employee other than a clerical/administration employee, assistant is directed to work outside or in excess of the hours prescribed by 3.7.5, 4.1.1, 4.1.4 clause 4.1.3 (a), that employee will be paid overtime at the rate of time and a half for the first two (2) hours on any one day and double time thereafter. Overtime on a Sunday will be paid at the rate of double time. A minimum period of four (4) hours engagement will apply to all directed overtime on a Saturday and Sunday. (b) Overtime for casual teachers, assistants and exempted teachers will be calculated in accordance with the following: Time and a half will be paid at the rate of 175% of the hourly rate (plus any all-all- purpose allowance payable) and double time will be paid at the rate of 225% of the hourly rate (plus any all-purpose allowance payable) after two hours. In calculating overtime, each day’s work will stand alone. (c) Clerical/administration employee (i) A clerical/administration employee who is directed to work outside or in excess of the hours prescribed in clause clauses 3.1.2 (f) and 4.1.4 4.1.3 (b), that employee will be paid overtime according to the table below or time off in lieu, in accordance with clause 4.1.5 paragraph (ad). Hours of overtime worked per day Minimum engagement period Overtime rate Continuing employees Casual employees Hours % of hourly rate % of hourly rate Monday to Saturday First 2 150 175 Monday to Saturday After 2 200 225 Hours of overtime worked per day Minimum engagement period Overtime rate Continuing employees Casual employees Hours % of hourly rate % of hourly rate Sunday All day 200 225 Public holiday all All day 250 275 (ii) An employee is entitled to be paid overtime when the total overtime an employee has worked in one (1) week reaches a minimum of half an hour; (iii) An employer must pay an employee a minimum of three (3) hours at overtime rates for work performed on a Saturday where an employee has worked 38 hours or more over Monday to Friday; (iv) An employee required to work overtime hours on a Sunday is entitled to not less than four (4) hours’ pay (inclusive of ordinary hours worked). (d) Time off in Lieu instead of Overtime (i) An employer and employee may agree in writing to the employee taking time off in lieu (TOIL) instead of being paid overtime as prescribed in paragraphs (a), (b) or (c). (ii) The employer must keep a copy of any agreement under paragraph (d)(ii) as an employee record. (iii) Where such agreement is reached, the period of time off that an employee is entitled to take is the same as the number of overtime hours worked. TOIL will be taken at a mutually convenient time. (iv) TOIL must be within the first six (6) months of the TOIL being accrued. (v) If the employee has not taken their accrued TOIL: (A) within the six (6) period after the overtime is worked; or (B) where their employment ceases, the employer shall pay the employee, in the next pay period, for the overtime at the overtime rate applicable to the overtime worked. (vi) TOIL may be accessed, by separate agreements, in conjunction with clause 1.11 (Flexible Working Arrangements).