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Statutory holidays

The Report: January / February 2005 vol.26 num.1

by RITU MAHIL

Im a paramedical employee and have requested both Christmas and New Years Day off. I know that there is a casual employee willing to work those days for me. However, the employer is refusing to schedule her for either of those days. Is this permissible?

No. The employer is required under the collective agreement to make every effort to schedule either Christmas or New Years Day off for employees so requesting.

I am a paramedical employee and was scheduled to work on Christmas Day. I have just been informed that I will not be working that day and a casual employee will be working in my place. Can the employer do this?

No. If this is your normally scheduled shift, this is your work if you want to do it.

What days are considered -super stats"? What is the appropriate rate of pay on a super stat?

Under the paramedical collective agreement, three days are designated as -super stats": Christmas Day, Labour Day, and Good Friday. If you are required to work on one of the three super stats youll be paid at the rate of 2 1/2 times (2.5) for all hours worked. You will also receive another 7.2 hours off with pay as a paid holiday.

I am working a shift commencing 7 pm on Christmas Day and ending 3 am Boxing Day. How am I to be paid for this time?

Because a majority of the shift falls on the -super stat," you will be paid the super stat rate (2.5 times your rate of pay) for all hours worked. Note that if the shift had been longer than eight hours, then the super stat pay would apply only to the hours falling on Christmas Day itself (see the extended hours memorandum on p.149 of your contract).

What if I am called back to perform a procedure on Christmas Day?

Any work on a super stat which qualifies as overtime (including all call back hours) is paid at 1.5 x 2.5, or 3.75 times the normal hourly rate.

What about overtime work performed on Boxing Day?

Boxing Day is not a super stat, so any overtime work performed on that day would be paid at a rate of 1.5 x 2, or three times the normal hourly rate.

Ritu Mahil is legal counsel for HSA.

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