On-Call Duty 11.01 Both parties hereto accept that, in order to provide appropriate service and care to patients/residents/clients, on-call duty hours may be required to be worked by Employees in addition to regular hours. Positions that are designated for on- call duties must be approved by the Employer designate and the Regional Medical Lead of the Employer. During an on-call shift, an Employee may be required to take phone calls or attend on-site at the facility and perform duties if requested. The Employee is therefore required to be available to return to work without undue delay. On-call duty hours are not hours where an Employee is required to be, or remain, on-site at the facility awaiting assignment of work, including coverage of a shift for another employee or resident physician.
11.02 An Employee in a position with approved on-call duties shall not be scheduled to work such duties in excess of seven (7) times averaged over a four (4) week call period (1:4), unless otherwise agreed between the Employee and the Employer. The duration of an on-call shift shall be determined by the Employer, but shall not exceed twenty-four (24) hours.
11.03 An on-call stipend of $200.00 per twenty-four (24) hour on-call shift shall be provided. If two or more Employees split an on-call shift, the on-call stipend payable for that shift will be pro-rated between Employees that split an on-call shift.
11.04 In addition to the on-call stipend, an Employee that is on-call and required by the Employer to return to work shall be paid at time and one-half (1.5x) for all such hours worked.
11.05 Hours of on-call duty and hours worked after being called into work while on-call shall not be included in the calculation of bi-weekly hours of work (or hours of work over four (4) weeks for Part-Time Employees) or overtime hours of work.
11.06 If an Employee is on-call and is called into work for more than four (4) hours, of which more than two (2) full hours is after midnight and before 0600 hours, and the Employee is scheduled to work on a day shift commencing the morning immediately following the on-call shift, the Employer will make a determination of one of the following:
(a) the Employee will be assigned administrative (non-clinical) duties during the day shift, and may be permitted to start the day shift at a later time but shall not suffer any loss of pay for the period of the shift that is not worked.
(b) where no administrative (non-clinical) duties are considered necessary, the Employee will be rescheduled to commence clinical duties at 1300 but shall not suffer any loss of pay for the period of the shift that is not worked; or
(c) where the Employer considers that the duties performed during the on-call shift were particularly onerous, the Employee will not be required to work on the day shift and shall not suffer any loss of pay.
11.07 The duration of a call back to work shall be calculated starting from the time that the Employee arrives at the facility until the time that the Employee is no longer required to be at the facility. Notwithstanding, the Employee shall be paid not less than time and one-half (1.5) hour at straight time for each call back to work, including call backs that are cancelled while the Employee is en route to the facility.
Duty Hours The following limits on requirements to undertake duty apply for full-time kaimahi (see clause 2.4.1 for part time kaimahi).
On Call (a) Employees required to be on-call shall be paid one dollar ($1.00) per hour, or portion thereof.
(b) The minimum on-call requirement shall be four (4) consecutive hours.
(c) Should the Employer require an employee to have a pager, beeper or a cellular phone available during their on-call period, then all related expenses for such device shall be the responsibility of the Employer.
On-Call Pay 1. When a regular, limited-term or probationary employee is assigned on- call duty by the County, the employee shall, whenever practicable, be informed in writing at least five (5) days in advance of the dates and inclusive hours of such assignment; the employee shall be compensated at one-fourth (1/4) of his or her basic hourly rate for the entire period of such assignment.
2. On-call duty requires the employee so assigned to: (1) be reachable by telephone or other communications device; (2) be able to report to work in a reasonable time; and (3) to refrain from activities which might impair his or her ability to perform assigned duties.
3. Employees paid on a sixteen (16) hour shift basis are exempt from these provisions.
4. On-call pay shall not apply to extra help employees unless expressly directed in writing to be on-call.
Other Than Normal Working Hours Non-prevailing Wage Rate Projects: Work performed from 4:00 p.m. to 7:00 a.m. Monday to Friday, and any time Saturday, Sunday, and Holidays. The Contractor will perform Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.
On Call Allowance (a) An employee who agrees to be on call, that is, the employee agrees to make themselves ready and available to return to work at short notice whilst off duty, shall be paid the allowance, for each period of 24 hours or part thereof, set out in Item 17 of Table 2 of Schedule B to this Agreement.
(b) An employee who is directed to remain on call during a meal break shall be paid the meal break allowance set out in Item 18 of Table 2 of Schedule B to this Agreement, provided that no allowance shall be paid if, during a period of 24 hours, including such period of on call, the employee is entitled to receive the allowance prescribed in sub-clause 20.5(a).
(c) Where an employee on call in accordance with sub-clause 20.5(a), leaves the residential aged care facility and is recalled to duty, she or he shall be reimbursed all reasonable fares and expenses actually incurred. Where in these circumstances the employee elects to use his or her own vehicle the employee shall be paid the per kilometre allowance set out in Item 5 of Table 2 of Schedule B to this Agreement.
(d) This subclause shall not apply to a Director of Nursing, Deputy Director of Nursing or Assistant Director of Nursing.
Normal Working Hours Prevailing Wage Rate Projects: Work performed from 7:00 a.m. until 4:00
Union Activity During Working Hours Solicitation of Union membership or collection or checking of dues will not be conducted during working time. The Company agrees not to discriminate in any way against any employee for Union activity, but such activity shall not be carried on during working time, except as specifically allowed by the provisions of this Agreement.
Shift Hours All shifts assigned by the Employer must conform with the following guidelines:
(a) Four (4) hour shifts will be the minimum shift permitted in any one (1) day.
(b) Shifts of 5, 6, 7 or 8 hours may be assigned, subject to the provisions of 10.05.
(c) All hours worked up to and including eight (8) hours in any one (1) day will be paid at the straight time rate.
Overtime Hours Except as otherwise provided in this section, all hours worked in excess of the established work day, before or after an employee's regular scheduled shift, or on any regularly scheduled day off, shall be considered overtime. All paid vacation time, paid holidays, paid sick leave, compensatory time off, and paid leaves of absence shall be considered as "time worked" for purposes of this Article. Part-time employees whose established work day is less than eight (8) hours shall not be considered to be working overtime until having completed eight (8) hours of work.
