This directive outlines the terms and conditions for flexible hours permitted under the Flexible Averaging Agreements provisions of the Employment Standards Code and Regulation. It covers pay deductions and overtime.
Flexible hours for bargaining unit employees are also subject to the provisions in the Collective Agreement.
Flexible time is time off with pay that is provided when an employee works more than their scheduled hours in a day, but not overtime hours.
Employees who have earned flexible time must be provided with time off with pay at their regular rate of pay.
The time must be taken before the end of the next averaging period. If it is not taken by the end of the next averaging period, the Employee must be paid their regular rate of pay for the hours not taken.
Under the flex time system, the flexible periods are from:
- 7:30 am to 9:00 am
- 11:30 am to 1:30 pm
- 3:30 pm to 5:30 pm
The core periods are from:
- 9:00 am to 11:30 am
- 1:30 pm to 3:30 pm
Employees will be granted a minimum unpaid lunch of 30 minutes during the flexible period of 11:30 am to 1:30 pm.
Employees who do not wish to work under the flex hours system may work regular hours. The employer will consider the employee's preference for hours of work during the flex period where possible.
If employees are working under the flex hours system, their deputy head must provide them with at least one month of notice of a return to regular hours. Employees can return to regular times of work by providing at least one week of notice to their employer.
Implementing a flexible averaging agreement
A Flexible Averaging Agreement (FAA) is required any time an employee requests to work flexible time.
A deputy head may agree to an FAA if:
- the normal work hours specified in the Master Agreement and Subsidiary Agreements for each employee are not exceeded
- department offices remain open from 8:15 am to 4:30 pm Monday to Friday, except for recognized holidays
- service to the public is maintained
An FAA can only be between an individual employee and a deputy head and entered into only at the employee’s request. It can only be entered into if the employee works at least 35 hours per week.
FAA must be in writing and must include:
- The start and end date; the term of a FAA cannot exceed two years
- The number of weeks over which the hours will be averaged (maximum of two)
- Daily overtime threshold (which cannot exceed 10 hours)
- Weekly number of hours can not exceed 44 or an average of 44 hours in a two-week averaging period
- The manner in which overtime pay and time off with pay (for example, vacation) will be calculated
Employees must be provided with a copy of the FAA as soon as possible, but no later than the commencement of the FAA.
If an FAA is amended, a copy must be provided to the employee before the amendments come into effect.
The flexible times within the averaging agreement must specify only one work schedule that applies to the employee bound by it.
Employees' pay is deducted when they arrive at work later than 9:00 am or depart from work earlier than 3:30 pm. Subject to the approval of the employing department, they will have the opportunity to make up lost time during the flex periods.
Employees will be allowed a premium overtime payment if they are authorized to work more than normal daily hours.
Overtime provisions in the Master and Subsidiary agreements will apply to bargaining unit employees. The Overtime Directive for opted out and excluded positions apply to opted out or excluded employees.
About this directive
|Authority:||Public Service Act
Public Service Employment Regulation (PDF, 880 KB)
Master Agreement Article 16 and Supplement II
|Application:||Organizations under the Public Service Act|
|Effective Date:||February 1, 2019|
|Contact:||Alberta Public Service Commission:
Labour and Employment Practices; Labour and Employment Policy