Overtime for non-union employees

Policy Category: 
Human Resources
Approved By: 
Vice-President (Administration & Finance)
Effective Date: 
January 1, 2008 [Revised January 2010]


1. Policy:

Lakehead University may occasionally require employees to work overtime in order to complete various assignments.  Every effort will be made to avoid employees having to work overtime on a continual basis. 

This policy addresses administration of overtime hours and associated premiums and will:

         1. ensure compliance with existing legislation,
         2. ensure accurate records are maintained,
         3. ensure individuals are compensated correctly, and
         4. provide a fair approach.

For the purpose of this policy, overtime is defined as work authorized by a Supervisor which is performed outside the standard work day for the individual employee.  The decision to authorize overtime rests solely with the Supervisor.  The Supervisor's authorization must be given in advance and in writing (e-mail is sufficient).  In unique circumstances when advance authorization is not possible, the Supervisor will provide written confirmation at the earliest opportunity.  

Time worked without prior approval from the supervisor is deemed ineligible for overtime compensation. This includes time accumulated by working during lunch hours, missing breaks, early arrival and late departure.   Overtime will not be paid for work performed off University premises or when traveling outside of the standard work day unless specific written approval has been obtained in advance from the Employee's Supervisor.

Funding of overtime compensation is the sole responsibility of the department. 

An employee may, by mutual agreement with their supervisor, make up missed time that would otherwise be deducted from their salary.  In such instances this time must be worked in excess of the regular work day or regular work week and is not considered to be overtime. 

2. Responsibility: 

Advance authorization is required for an employee to work overtime.

Supervisors are responsible for ensuring overtime within their area is managed properly and is consistent with this policy. 

Supervisors will ensure appropriate documentation is completed in a timely fashion, processed and maintained for future reference.

In the event issues arise with regard to the application of this policy, the Director of Human Resources will provide assistance in dispute resolution.
 

3. Procedure:

3.1) For Schedule II Employees - Levels up to 109         

1. Employees who work in excess of 35 hours but less than 44 hours in any one week shall be compensated with corresponding time-off on an hour for hour basis (straight-time).   Lieu time hours accumulated for work in excess of 35 but less than 44 must be taken via mutual agreement with the employee's Supervisor prior to calendar year end.  Lieu time untaken at year end will expire.

         2. Employees who work more than 44 hours in any one week shall be compensated at the rate of time and one-half for all hours worked in excess of 44 

         3. With approval of the Supervisor, the employee may be granted a request to take equivalent time-off (calculated at the time and one-half premium) in lieu of pay for hours earned in ii) above.  Such time-off must be taken within three (3) months from the overtime event.  The three (3) month time limit may be extended with the written agreement between the employee and supervisor; however, in no case shall the limit extend beyond the end of the calendar year.  Lieu time untaken at year end will be paid-out.

3.2) For Schedule II Employees - Levels 110 and up

         1. There is no compensation or lieu time entitlement for employees who work beyond their regular work week of 35 hours but less than 44 hours.

         2. Employees shall be compensated at the rate of time and one-half for all hours worked in excess of 44 hours in a week.

         3. With approval of the supervisor, the employee may be granted a request to take equivalent time-off (calculated at the time and one-half premium) in lieu of pay.  Such time-off must be taken within three (3) months from the overtime event.  The three (3) month time limit may be extended with the written agreement between the employee and supervisor, however, in no case shall the limit extend beyond the employee's regular vacation year.

3.3 For Technical Staff - All Levels

         1. Employees who work in excess of 35 hours but less than 44 hours in any one week shall be compensated with corresponding time-off on an hour for hour basis (straight-time).   Lieu time hours accumulated for work in excess of 35 but less than 44 must be taken via mutual agreement with the employee's Supervisor prior to calendar year end.  Lieu time untaken at year end will expire. 

         2. Employees who work more than 44 hours in any one week shall be compensated at the rate of time and one-half for all hours worked in excess of 44.

         3. With approval of the Supervisor, the employee may be granted a request to take equivalent time-off (calculated at the time and one-half premium) in lieu of pay for hours earned in ii) above.  Such time-off must be taken within three (3) months from the overtime event.  The three (3) month time limit may be extended with the written agreement between the employee and supervisor; however, in no case shall the limit extend beyond the end of the calendar year.  Lieu time untaken at year end will be paid-out.

Note: All Contract employees are eligible for overtime.  Should the particular contract align with a known position, the above criteria will be applied accordingly.  Should the contract position not be representative of a known position, the criteria stipulated in 3.3 above shall apply.
 

4. Miscellaneous Premiums:

4.1 Emergency Call In:

An employee called into work due to an emergency outside their standard work day and without previous notice shall receive time and one-half for the hours worked or a minimum of two (2) hours at their regular rate, whichever is greater. 

In cases where an employee has been provided with the technology to enable them to resolve problems from home and eliminate the need to attend the workplace, s/he shall receive time and one-half for the time worked or a minimum of one (1) at their regular rate, whichever is greater.

Hours worked for call-in pursuant to the above, shall not be used in calculating overtime entitlement as specified in 3.1 and 3.2.


4.2 Statutory Holiday:

In addition to applicable holiday pay, an employee who works on a statutory holiday will:

   1. be paid at time and one-half for the hours worked, OR
   2. elect to take paid time off equal to the overtime rate for the hours worked.

Please refer to the policy "PAID HOLIDAYS, Full Time Employees unless otherwise excluded via collective agreement" for additional information. 


4.3 Meal Allowance:

The University will pay a meal allowance when an employee is required to work overtime for two hours or more, prior to or following a normal work day. The allowance will be equivalent to the cost of a standard meal in the University Main Cafeteria or Residence Cafeteria.

Supported by the appropriate receipt, the employee will be reimbursed by a cheque requisition authorization form submitted and approved by their supervisor.  

5. Procedure to Pay Out Overtime Bank Hours

5.1 Compensation for Overtime worked:

The employee must provide written notice to their supervisor specifying overtime hours submitted for payment. Any payment to be made will be processed on the employees regular pay date. 

In the event an employee's employment ends before all of the banked overtime hours are paid out, the supervisor shall arrange for payment on the employee's last pay date.  In the event an employee transfers to another department, accumulated overtime from the original department will be paid-out or taken as time off in lieu of payment, prior to commencement of work in the new department.

A Staff Information form with appropriate signatures must be submitted to the Office of Human Resources indicating overtime payment to be paid out to the employee.  

A written record of the employee's banked overtime shall be maintained by the employee's supervisor on the Overtime Bank Record form (PDF). Each entry into the Overtime Bank Record shall be initialled by the supervisor and employee to signify mutual agreement. 


5.2 Time off in Lieu of Payment:

Employees requesting banked overtime hours to be taken as time off shall provide their supervisor at least two (2) weeks written notice. Approval of such request shall be provided by the employee's supervisor. The supervisor shall advise the employee in writing whether the requested time off will be granted. 

In the event the employee's employment ends before all of the banked overtime hours are taken in lieu of payment, the supervisor shall arrange for payment on the employee's last pay date.  

Employees shall not draw their lieu time bank into a negative balance.


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