Bill 2: An Act to Make Alberta Open for Business has passed and includes changes to general holiday pay, overtime and labour relations. Changes to general holiday pay and overtime take effect September 1.
Basic rules
- Employees are entitled to overtime pay for hours worked in excess of 10 hours a day or 60 hours a week, whichever is greater.
- The requirement to confine an employee’s hours of work within a period of 12 consecutive hours in a work day doesn’t apply to ambulance attendants working 14-hour night shifts.
Who’s considered an ambulance attendant?
An ambulance attendant employee can be either:
- the person in control of an ambulance
- an individual who cares for the patients carried by the ambulance
Hours of work and pay
The standard overtime rule of hours worked in excess of 8 hours a day or 44 hours a week, whichever is greater, doesn’t apply to ambulance attendant employees.
Exceptions to the minimum standards for regular and overtime hours
Employees must receive overtime:
- for hours worked in excess of 10 hours a day or 60 hours a week, whichever is greater
- at a rate of at least 1.5 times the regular rate of pay, or banked time off with pay at a rate of at least 1.5 times, for all overtime hours worked
Exceptions to the minimum standards for hours of work
The requirement to confine an employee’s hours of work within a period of 12 consecutive hours in a work day doesn’t apply to ambulance attendants in 14-hour night shifts.
14-hour night shifts
A 14-hour night shift is permitted for ambulance attendants provided that:
- it starts on or after 4 p.m. and ends on or before 9 a.m. on the next day; and
- sleeping accommodations are provided
Payment of overtime on a 14-hour night shift
A 14-hour night shift, scheduled within the time frames described above with sleeping accommodations, is considered to be 10 hours of work.
A 14-hour night shift is not considered 10 hours of work, where overtime pay is required, when:
- an employee provides more than 10 hours of active service
- regular pay for all 14 hours in the night shift is agreed to in a collective agreement, or by another agreement
On call and days of rest
Employees must receive at least 4 days of rest that’s free from on call duties in each 28-day period, unless the employee specifically agrees to be on call.
When on call is work
Being on call is generally not considered to be work and wages aren’t payable for on call time, although the employer and employee can agree to some form of pay.
Example: An acceptable on call arrangement that isn’t work is where an employee carries a pager during non-work hours.
An employee is considered to be working and owed wages when an employer places additional responsibilities on the employee during on call periods, such as wearing of uniforms or continuously monitoring radio calls which aren’t solely for that employee.
What additional Employment Standards apply?
In addition to the special provisions outlined above, all other minimum standards for employment apply to ambulance attendant employees. Additional information on these rules can be found at:
- Averaging agreements
- Breaks and days of rest
- Deductions from earnings
- General holidays
- Job-protected leaves
- Minimum wage
- Overtime hours and pay with the exception of what’s considered overtime hours listed above
- Payment of earnings
- Termination of employment
- Vacations
- Youth employment
How the law applies
Part 3, Division 1 of the Employment Standards Regulation outlines the provisions for ambulance attendants.
Disclaimer: In the event of any discrepancy between this information and Alberta Employment Standards legislation, the legislation is considered correct.