Seeking some clarity as it pertains to the ESA and staff who are unionized (we are a long term care facility in Ontario).
Needless to say, the ESA provides guidelines to the maximum amount of work hours/days the employer is allowed to scheduled staff. My question is if there is a limit of hours/days to be given to a unionized employee, should they want more hours as part of being on call.
Example, the union maintains that so long as the call in process is followed (we call based on seniority on a rotational basis), if an employee is entitled to the shift, he/she can take as many as they want. Their argument is that although they advise staff to take a break for mental/physical health, staff could work 14 days in a row or more without limitation.
My understanding is that employees can exceed the daily or weekly maximum hours of work if they want and agree to it, but the limits requiring time off work for a period of 24 consecutive hours in each work week, or at least 48 consecutive hours in two consecutive weeks cannot be modified by agreement.
Could you please confirm?
