Overtime
Collective Agreement Definition:
The definition of overtime varies and applies in different contexts depending on the member’s status:
Full-time member:
Authorized work performed in excess of the employee’s daily or weekly hours of work prescribed in this collective agreement,
Part-time member:
Authorized work performed in excess of seven decimal five (7.5) hours per day or thirty-seven decimal five (37.5) hours per week but does not include time worked on a holiday, or
Any member whose normal scheduled hours of work are in excess of seven decimal five (7.5) hours per day, authorized work performed in excess of those normal scheduled daily hours or an average of thirty-seven decimal five (37.5) hours per week,
To qualify for overtime compensation, the work must meet the following criteria:
- It is authorized in advance by the Employer or performed in accordance with standard operating instructions;
- It is performed in excess of the member’s regularly scheduled hours of work;
- Its duration is not controlled by the member.
Members are entitled to overtime compensation for each completed 15-minute period of authorized overtime worked.
Relevant Article: Overtime
On a Regular Workday
Overtime is compensated at:
- Time and one-half (1.5x) for the first 7.5 hours of overtime worked; and
- Double time (2x) for each contiguous hour thereafter.
On a Day of Rest
On the first day of rest, overtime is compensated at:
- Time and one-half (1.5x) for the first 7.5 hours; and
- Double time (2x) thereafter.
On the second or subsequent day of rest, overtime is compensated at:
- Double time (2x) for all overtime worked, provided the member also worked on the first day of rest.
To calculate overtime, calculate your hourly rate of pay from your annual salary. Divide the annual salary by 1956.6 to learn the hourly rate that can be applied to overtime calculations.
Example Hourly Rate: FS-03 at Step 4 is $125,274.
- 125,274 / 1956.6 = $64.0263 or $64.03 per hour (round up if the 3rd decimal is 5 or more).
- To reverse, you multiply 64.03 x 1956.6 = 125,281. The closest salary on the FS-03 grid to this is Step 4 at $125,274.
Example Overtime: If that member works 2 hours of overtime on a regular workday, they would receive the following pay:
- Hourly rate x time and one-half x 2 hours worked
- $64.03 x 1.5 x 2 = $192.09
Relevant Article: Overtime
Yes.
Under the overtime article within the collective agreement, the Employer may require overtime when operational requirements justify it. The article states:
Except in cases of emergency, call-back, standby or mutual agreement, the Employer shall, wherever possible, give adequate advance notice of any requirement for overtime.
The collective agreement does not establish a specific minimum notice period.
Members are generally expected to comply with management’s lawful directions, including authorized overtime assignments.
The best way to deal with questions regarding overtime, call-back, and standby is to have a conversation with your manager. Explain that in some cases, a bit more notice would be appreciated in situations where you may have purchased tickets for an event in advance and might suffer a financial loss as a result. See if an agreement can be reached on how overtime will be assigned so that both parties end up with something satisfactory.
Members who believe overtime has been improperly assigned should contact PAFSO for advice before refusing work.
Yes. Under the overtime article, the collective agreement states:
Compensation earned under this article and the designated holiday article shall be compensated with a payment or, upon mutual agreement between the employee and the Employer, in equivalent leave with pay.
Without mutual agreement, overtime is paid.
The overtime article also establishes the limits of this compensated leave:
The Employer reserves the right to direct an employee to take leave accumulated under this article but in so doing shall endeavour to grant such leave at times he may request.
Compensatory leave earned in a fiscal year and outstanding on September 30 of the next following fiscal year shall be paid at the employee’s hourly rate of pay on September 30.
No.
The FS Collective Agreement contains no provision for unpaid overtime.
Where overtime is authorized, members are entitled to compensation under the overtime article of the collective agreement.
Call-Back Pay
Relevant Article: Call-Back Pay
Call-back pay applies when a member is recalled to perform work after completing their scheduled workday and leaving the workplace, or is called to work on a day of rest, or is called to work on a designated paid holiday which is not their scheduled workday.
Members required to report to work after being called back receive the greater of:
- compensation at the applicable overtime rate for actual time worked; or
- three (3) hours’ pay at the applicable overtime rate.
Yes.
The collective agreement allows work to be performed at home or another mutually agreed location at the Employer’s discretion. However, compensation for work at a member’s residence, or at another location agreed to by the Employer, differs from compensation when a member must report for duty in person. In such instances, the member shall be paid the greater of:
- compensation at the applicable overtime rate for any time worked, or
- compensation equivalent to one (1) hour’s pay at the straight-time rate, which shall apply only the first (1st) time a member performs work during an eight (8) hour period, starting when the member first commences the work.
Members are compensated for time actually worked at the applicable overtime rate.
Overtime
Overtime meets the following criteria:
- It is authorized in advance by the Employer or performed in accordance with standard operating instructions;
- It is performed in excess of the member’s regularly scheduled hours of work;
- Its duration is not controlled by the member.
Call-Back
Work performed when the Employer recalls a member to work after they have left the workplace.
Standby Pay
Relevant Article: Standby Pay
Standby pay applies when the Employer designates a member to remain available outside regular working hours.
Members on standby are not actively working but must be available to respond if needed.
Members on standby receive:
One-half (½) hour at the straight-time hourly rate for each four-hour period, or portion thereof, during which they are designated on standby.
Example: A member’s hourly rate is calculated at $64.03; they are on standby for 4 hours. Divide the hourly rate by 2, then multiply by the number of 4-hour periods on standby.
$64.03/2 = $32.015 x 1 = $32.02 of standby pay
When a member on standby is required to return to duty to a workplace designated by the Employer, the member shall be paid, in addition to the standby pay, the greater of:
- the applicable overtime rate for each completed period of fifteen (15) minutes worked,
or - the minimum of three (3) hours’ pay at the applicable overtime rate, except that this minimum shall apply only the first (1st) time he reports for work during a period of standby of eight (8) hours, starting with his first (1st) reporting. This compensation does not apply to part-time employees, who receive a minimum payment in accordance with clause 20.08.
If the above member is allowed to work at the member’s residence or at another place to which the Employer agrees, the member shall be paid, in addition to standby pay, the greater of:
- compensation at the applicable overtime rate for any time worked,
or - compensation equivalent to one (1) hour’s pay at the straight-time rate, which shall apply only the first (1st) time an employee performs work during an eight (8) hour period, starting when the employee first commences the work.
Example: A member has an hourly rate of $64.03. They are on their first day of rest and on standby for 2 hours. The Employer contacts them for a call to duty and to report to the office. The member works 2 hours after reporting for duty.
Standby pay equals: One-half (½) hour at the straight-time hourly rate for each four-hour period, or portion. 2 hours of standby = $64.03/2 = $32.02
Once a member receives a call to duty while on standby, the member is entitled to the greater of:
- Compensation at the applicable overtime rate for the time worked; or
- $64.03 x 1.5 (rate) x 2 (hours) = $192.09
- A minimum of three (3) hours’ pay at the applicable overtime rate.
- $64.03 x 1.5 (rate) x 3 (hours) = $288.14
Total: $32.02 + $288.14 = $320.16
Members on standby must:
- remain reachable through the designated communication method;
- respond when contacted; and
- be able to report for duty or otherwise perform the required work within the prescribed timeframe.
Standby
- The member is formally designated as available.
- The member receives standby pay even if no work is performed.
Call-Back
- The member is contacted after hours and is required to perform work.
- The member receives call-back compensation only when called upon to perform work.
If management restricts your ability to travel or requires you to remain available for operational reasons outside working hours, standby provisions may apply.
Whether the situation qualifies as standby will depend on the facts of the case.
Members should contact PAFSO if they believe they are effectively being placed on standby without compensation.
No.
Simply carrying a work phone does not automatically create standby status.
The Employer must require the member to remain available for work-related purposes under the conditions established in the standby pay article of the collective agreement.
Generally, yes.
Where a member designated on standby is required to perform work, additional compensation may apply under the overtime or call-back provisions, subject to the limitations set out in the standby article of the collective agreement.
The pay administration article of the collective agreement states:
An employee receiving payments provided under Article 15 (overtime), Article 16 (call-back pay), Article 17 (standby), Article 18 (designated paid holidays) shall not receive more than one compensation for the same service.
Overtime
Members qualify for overtime when they are authorized by the Employer to work beyond their regularly scheduled hours of work and do not control the duration of that work.
Overtime is governed by the FS Collective Agreement and is compensated at different rates depending on whether it is worked on a regular workday, a day of rest, or a designated holiday.
Call-Back Pay
Members qualify for call-back pay when they are required to perform work after they have completed their scheduled workday and left the workplace.
The member is entitled to the greater of:
- Compensation at the applicable overtime rate for the time worked; or
- A minimum of three (3) hours’ pay at the applicable overtime rate.
Standby Pay
Members qualify for standby pay when they are formally designated by the Employer to remain available outside normal working hours to respond to operational requirements.
Members on standby are not actively working but must remain reachable and available to respond if required.
Special Situations
Relevant Article: Travelling Time
Travel time may qualify for compensation when it occurs outside normal hours.
Different rules apply depending on whether the travel occurs on:
- a regular workday;
- a day of rest; or
- a designated holiday.
Example: A member is travelling on official government business and works while travelling. The member works at headquarters from 8:00 a.m. to 12:00 p.m. and then travels from 2:30 p.m. to 7:00 p.m., all Ottawa time.
The collective agreement states:
on a normal working day on which the employee travels and works, he shall be paid:
his regular pay for the day for a combined period of travel and work not exceeding his regular scheduled working hours,
and
at the applicable overtime rate for each completed period of fifteen (15) minutes travelled in excess of his regularly scheduled hours of work and travel, to a maximum payment for such additional travel time not to exceed fifteen (15) hours’ pay at the straight-time hourly rate of pay,
A regular workday is 7.5 hours. In the example, the first 7.5 hours are regular pay.
- Working at regular pay 8:00 a.m. to 12:00 p.m. = 4 hours
- Travelling at regular pay 2:30 p.m. to 6:00 p.m. = 3.5 hours
- Travelling at overtime 6:00 p.m. to 7:00 p.m. = 1 hour overtime
Yes.
Travel compensation is capped at the equivalent of 15 hours at the straight-time hourly rate of pay, regardless of the overtime multiplier that otherwise applies.
Relevant Article: Overtime
The collective agreement does not establish a specific deadline for submitting overtime claims.
However, the overtime article provides:
The Employer shall endeavour to pay overtime compensation by the eighth (8th) week after which it is claimed.
Members should submit claims as soon as practicable.
- Request the reason for the denial in writing.
- Keep records of hours worked and instructions received.
- Retain emails, messages and schedules supporting your claim.
- Contact PAFSO Labour Relations for advice.
Members are strongest when working collectively and supporting each other with the goal of fair compensation for fair work. Working extra time without being compensated can become ingrained in the office culture where fellow members are expected to work extra time without being compensated. This culture can lead to other problems: friction between members, missions not being properly funded by the Employer because overtime is not accounted for, and a lack of reporting and performance management.
Questions
If you have questions about anything set out above, or about how these rules apply to your particular situation, please email info@pafso-apase.com and a member of the labour relations team will be assigned to provide advice or guidance.