Hours of Work Policy

Here’s a template policy establishing hours of work requirements and procedures based on the Ontario Employment Standards Act. Talk to legal counsel about adapting this template to your specific needs and circumstances and, if you’re not subject to Ontario law, the employment standards requirements of your particular jurisdiction.

1. POLICY

As employer, ABC Company retains discretionary authority over hours of work, work schedules, lunch breaks and other related work time decisions.  Decisions regarding these matters shall be governed by the operational and service requirements of ABC Company and ABC Company reserves the right to alter work-time arrangements as it deems necessary, but will exercise this right in a fair and reasonable manner.

2. APPLICATION

This Policy applies to all ABC Company employees who are covered by the Ontario Employment Standards Act (ESA) and who are not represented by a labour union or subject to the terms of a collective agreement between a union and ABC Company.

3. ROLES & RESPONSIBILITIES

3.1 Managers

Managers are responsible for ensuring that the operational needs of their respective departments/operations are met by setting, approving and altering work schedules; approving lunch breaks and monitoring work-time related issues to ensure efficiency, effectiveness and responsiveness. They are also responsible for supporting and approving employee requests for flexible work hours, where possible.

3.2 Employees   

Employees are required to report to work on a regular basis, to comply with the provisions of this Policy and to adhere to the schedules and work-time related issues as communicated and approved by their respective managers.

4. NORMAL WORK WEEK

Normally, the work week for ABC Company employees consists of 36.25 hours spread over five days resulting in a 7.25 hour workday. Within this total (7.25 hours per day) short breaks may be allowed each morning and afternoon; a 45-minute lunch break is additional to the required number of working hours. In accordance with the ESA, ABC Company will not require employees to perform continuous work of more than five hours without a break for a meal. Nor will ABC Company reduce the required length of the workday on the premise that staff members will forego their meal break. The time for a meal break will be determined for each staff member by the staff member’s supervisor based on the member’s work schedule, and with due attention paid to the staff member’s preferences.

5. ALTERNATIVE WORK SCHEDULES & SHIFTS

The normal starting and closing times of administrative offices are 8:30 a.m. to 4:30 p.m. Subject to service requirements, the above hours may be varied for the convenience of the staff member resulting in a working day starting at an agreed upon time, and terminating eight hours later.

Alternative work schedules shall be subject to the specific operational demands of the departments. All alternative work schedules must have the approval of the department manager. The purpose of alternative work schedules is to enable the employee to select the work schedule which best suits the employee’s personal needs and allows for a better balance between work and family responsibilities, while also allowing ABC Company departments to meet operational demands and objectives.

Nothing in this Policy prohibits ABC Company and its departments from requiring employees to work on schedules other than those identified above to meet operational and service requirements provided such alternative schedules comply with applicable employment standards laws, contracts and collective agreements.

Where ABC Company alters established work patterns and schedules resulting in change in shift schedules, including new work schedules, or schedules including work to be performed on a Saturday and/or Sunday, it will provide the employee(s) affected with appropriate notice, as soon as practicable, and in any event within no less than four (4) weeks.

6. COMPRESSED WORK WEEK

Absent overriding consideration of service requirements, it may also be possible to meet the preference of some staff members to work a compressed work week, working full time hours of 36.25 per week in reduced number of days, i.e., fewer than 5 days. For example, a four-day work week could involve three days of 9 hours and 50 minutes, and one day of 9 hours and 45 minutes and a 45 minute lunch break (unpaid), working from 8:00 a.m. to 5:50 p.m., and 8:00 am to 5:45 p.m. on the last of the four days worked in the week. Decisions regarding specific details of such arrangements are within the authority of the department manager.

Staff members wishing to adopt a work pattern other than the normal Monday to Friday 8:30 a.m. to 4:30 p.m. shall make an appropriate written request to their supervisor.

The supervisor shall consider all such requests of staff within the unit and submit a recommendation in respect of them together with an overall work plan for the unit, through channels to the senior director/dean. When the latter has made a decision on the recommendation the supervisor shall inform the staff members concerned of the work schedule established for them.

On the same authority a change in the work schedule of a staff member may be made when it is considered that the previously established schedule has become incompatible with the changed service requirements either permanently or during a period of particularly intensive activity in the unit.

In any week in which ABC Company is closed for a day or more because of a statutory or declared holiday, those staff members for whom a compressed work week schedule has been established will have the arrangements modified, as required, to give the employee concerned the benefit of the reduction of the total weekly working time resulting from the incidence of such closure.

In making their overall work pattern determinations for staff under their control those concerned should bear in mind that, except as otherwise determined by a vice president, each organizational unit should be open, even if at times with reduced staff, Monday to Friday at least from 9:00 a.m. to 4:30 p.m.

Notwithstanding any of the above provisions, other hours of work, for example night work, staggered or shift work, part time work and other variations of the normal work pattern, as required by ABC Company in its various operations, or by special personal circumstances or as foreseen in any collective agreement may be established for staff members on the authority specified in the preceding paragraphs above and in consultation with Human Resources.

7. EMPLOYEE RIGHT TO REASONABLE ACCOMMODATIONS 

ABC Company recognizes that employees may be entitled to reasonable allowances, exemptions and other flexibility with regard to working schedules and hours to accommodate for disabilities, family status, religious preferences and other personal characteristics protected from discrimination under the Ontario Human Rights Code. Accordingly, in administering this Policy, ABC Company will provide employees reasonable accommodations based on their individual needs and circumstances to the point of undue hardship. Employees seeking such accommodations must follow the procedures and protocols set forth in the ABC Company Reasonable Accommodations Policy.