Guidelines Modified Work-Week Schedules Support Staff
STATEMENT A Modified Work-Week Schedule involves working extra hours in a shorter number of days in a set pattern. The Modified Schedule must be consistent with the Collective Agreement and the Guidelines below. Implementation of the Modified Work-Week Schedule must not result in increased costs or diminution of services to the University College.
The Employer will not impose modified schedules on employees. However, the Employer can post vacant positions with a notation of modified work schedule required. Article 16.8 still applies.
GUIDELINES
Where aModified Work-Week is contemplated, the Administrator of the area shall ensure the employee(s) understand these guidelines. The Administrator shall consult with Human Resources and the employee(s) shall consult with the Union Chairperson to ensure the proposed plan meets with contractual obligations and the following guidelines:
1. Modified Work-Week Schedules must be consistent with the terms and conditions of the Collective Agreement.
2. These guidelines apply to full-time regular employees. When a full-time auxiliary is called in to replace a regular employee who is on a modified Work-Week schedule, the auxiliary employee may be asked to adopt the modified work-week schedule in question, provided they are called in for the entire work cycle. In any event, the schedule must be consistent within each applicable pay period.
Where an auxiliary is called in to replace a regular employee for less than a complete work cycle, the auxiliary employee's work day shall consist of seven (7) working hours per day.
3. The scheduled work-week must consist of at least four (4) days per week.
4. In accordance with the Collective Agreement and the Employment Standards Act, the scheduled work day shall not exceed ten (10) hours per day and shall include a minimum of four (4) hours per day. Scheduled hours shall be paid at straight time rates.
5. The maximum work cycle shall be two (2) weeks (70 hours) and must correspond to the pay schedule.
6. Hours in excess of the scheduled time shall be treated as overtime as per the Collective Agreement. Approval of the Supervisor must be given before any overtime is worked.
7. Meal breaks and rest breaks must be taken in accordance with the Collective Agreement. Working through breaks in order to count them as time worked is not permitted, as it is a violation of the Collective Agreement.
8. Sick time, Bereavement Leave; Leaves for Court Appearance and other special leaves; leaves to attend courses or conferences; family illness leave; union leave and professional development leave for specialized positions, shall be paid according to the approved Modified Work-Week Schedule (e.g., if it is a regularly scheduled 8-hour day, they get 8 hours, etc.).
9. Pay for holidays as identified in Article 19.1 of the Collective Agreement shall be the standard seven (7) hours per day. Staff on a Modified Work-Week schedule shall adjust the number of hours they work in that schedule cycle to ensure they are paid the standard number of hours in a bi-weekly pay period. Where an employee on a Modified Work-Week schedule is not able to adjust the number of hours in a bi-weekly pay period to ensure they are paid the standard number of hours for the bi-weekly pay period, and where the total number of hours accounted for in the pay period is less than the standard 70 hours, the employee's pay shall be adjusted accordingly.
10. During certain times of the year, Modified Work-Week schedules may be temporarily altered by the University College to meet special needs. Employees, in consultation with the Union Chair, may also request a temporary alteration. Article 16.8 will apply.
11. Vacation time shall be scheduled with the administrator in accordance with Article 20. If vacation is scheduled for a full pay period, vacation time must be taken on the basis of the Standard Work-Week schedule. For situations where the complete pay period is not vacation, the employee must record the hours normally worked as per their modified schedule. In the event that the vacation is to be taken based on a schedule which differs from the employee's regular work schedule, the employee shall advise payroll of the anticipated change.
12. In the event of a disruption of University College services (e.g., strike, lock-out, etc.), Modified Work-Week schedules shall be suspended until further notice. Once the disruption has ended, previously approved schedules shall be re-implemented in an orderly manner.
PROCEDURES
1. Where an Administrator and staff member(s) have mutually determined that they wish to operate with a Modified Work-Week schedule, a written submission outlining the details of the schedule shall be forwarded to Human Resources and the Bargaining Unit Chairperson or designate a minimum of two (2) pay periods before the proposed implementation date. (Payroll should be consulted about start dates to ensure they conform to pay periods.)
The submission shall include a written schedule for each staff member participating, indicating the number of hours to be worked each day, the days off, and the dates during the year when the Modified Work-Week schedule would apply. (See Appendix A.)(See below) (Can be accessed through the "Template File" in Windows)
A Human Resources Department representative shall review the submission to ensure it is consistent with the Collective Agreement and these Guidelines. The Human Resources Department representative will advise the Administrator of any inconsistencies or concerns within ten (10) days of receipt. Any concerns from the Union will be relayed to the Administrator by the union representative within ten (10) days of receipt of the proposal.
2. When a plan has been approved by the Union Chairperson or designate, the signed plan is returned to Human Resources for final approval and distribution of copies to the appropriate parties. Payroll should be contacted as to start dates to ensure conformance to pay periods.
If any temporary changes to the work schedule are necessary, they shall be noted as such on the appropriate timesheet. These should be kept to a minimum. The timely submission of timesheets to Payroll for those on a Modified Schedule is essential.
3. Further to Guideline 9, in order to ensure the number of hours claimed in the schedule cycle in which a university college holiday does not exceed the standard (70 hours in a bi-weekly period), the employee shall adjust their schedule as needed for the pay period in question.
If the hours normally worked on the day of the college holiday are not seven (7), the staff member will adjust their schedule and, where it is necessary to work additional hours, the timesheets shall be completed to reflect this.
If the University College holiday falls on a scheduled day off, the next working day shall be taken off or one day mutually agreed-upon by the staff member and the supervisor/administrator within the pay period. Alternatively, the employee must revert back to the regular work schedule for that pay period.
No employee shall receive overtime rates, unless authorized by a supervisor, for hours in excess of their modified schedule in those weeks where a statutory holiday falls.
4. If an employee, as a result of termination, Maternity/Parental Leave, Leave of Absence, Short Term Illness, Long-Term Disability or return from Short Term Illness or Long-Term Disability, is unable to work a complete Modified Work-Week cycle, the employee must revert to a standard 7 hour per day/5 day per week work schedule until the next complete Modified Work-Week cycle begins.
5. Should one party (staff or administrator) wish to change the work schedule significantly, or return to a standard schedule, it shall be discussed between the parties. The Administrator shall forward the proposal to Human Resources and the Bargaining Unit Chairperson for approval. Notwithstanding this, Article 16.8 of the Collective Agreement applies.
6. Disputes arising out of the application of these guidelines shall be referred to the Labour Management Relations Committee for resolution. These guidelines may be reviewed and amended by mutual agreement at LMRC.
THE PROPOSED MODIFIED WORK SCHEDULE FORM CAN BE ACCESSED THROUGH THIS PDF FILE: Modified Work Schedule form
Modified Schedules – Frequently Asked Questions
Supervisors' Meeting May 11, 2004
Supervisors' Frequently Asked Questions
1. What is a modified schedule?
A work schedule that involves working extra hours in a shorter number of days in a set pattern. A modified schedule must consist of at least 4 days per week. The maximum number of hours that can be worked per day is 10; the minimum is 4.
2. What is the difference between a modified schedule and a flexible schedule?
A flexible schedule is a work schedule that involves working flexible hours, based on employee preference. The Administrator may identify core hours that he/she requires the employee to work. Flex schedules do not have set hours, unlike modified schedules, which are in a set pattern. Flexible schedules may change from week to week.
3. How does a staff member implement a modified schedule?
Once the staff member and the Administrator have agreed to implement a modified schedule, the staff member must complete a Proposed Modified Work Schedule form, which is available on the Human Resources website under Employee Information/Support Staff/Modified Hours Work Schedule. Once the form is complete, the staff member submits it to the (excluded) Administrator. It is the Administrator's responsibility to ensure the employee understands the Modified Work Week Schedule Guidelines. Once the Administrator signs it, it is sent to the BCGEU Chair and then to an HR Representative for approval. Once everyone has signed, it is sent to Payroll and copies are distributed.
4. If an employee wants to go on a modified schedule, do I have to approve it?
No. Modified schedules must not result in an increase in costs or decrease in services to the University College. The Administrator has the right to deny a proposed modified schedule if it has either of these results.
5. Can I require an employee to go on a modified schedule?
No, the Employer cannot impose modified schedules on employees. However, the Employer can post vacant positions with a notation of a modified work schedule required.
6. Under the “Hours Worked” section, do employees have to fill out their exact hours?
No, they only have to indicate the number of hours worked per day, not the times of the shifts.
7. When should the modified schedule be effective?
The first day of a pay period. The form should be submitted to the Union and HR for signatures a minimum of 2 full pay periods in advance of the start date.
8. Do shift premiums and short changeover apply to modified schedules?
Shift premiums do apply, as these premiums are paid according to the start time of a shift. Short changeover may or may not apply, depending on the situation; the Supervisor must look at each situation on an individual basis. If it is the actual work that creates the short changeover situation, the employee would be entitled to short changeover. If it is the change to a modified schedule (that is not required by the work, but by the employee's request) that creates the short changeover situation, the employee would not be entitled to short changeover.
9. Should employees go off their modified schedules during pay periods that contain a statutory holiday?
No. The Guidelines provide information on how to deal with stat holidays. Payment for stat holidays is based on 7 hours per day. An employee on a modified schedule must adjust the number of hours in the bi-weekly period to ensure that they are paid for the correct number of hours for the bi-weekly pay period.
10. Can auxiliary employees go on modified schedules?
If an auxiliary is called in to replace a regular employee on a modified schedule, the auxiliary may be asked to adopt the modified work week schedule in question, provided they are called in for the entire work cycle. If the auxiliary is not called in for the whole work cycle, the auxiliary's work day shall consist of seven working hours per day.
