Work Schedules and Breaks

Employers must provide work schedules to their employees at least one week before the schedule starts. An employer can change an employee's schedule with less than one week of advance notice if unexpected, unusual or emergency circumstances arise. For example, if a large storm forces a business to temporarily shut down, the employer will need to notify employees not to report to work with very little notice.

Work schedules must cover at least one week (seven days in a row). The schedule must state:

• when work will begin and end each day;
• when meal breaks will begin and end; and
• what definition of a “day” is being used for scheduling, periods of rest, and overtime purposes.

If there is a change in the days or times in the work schedule provided, a new work schedule covering at least one week must be provided at least one week before the start of the new schedule.

Schedules can be given to the employee personally, posted in the workplace, posted online on a secure website to which the employee has access, or provided in any other manner that informs the employee of the schedule.

Employees must receive at least eight consecutive hours of rest in any period of 24 hours. Employees must receive this break unless there is an emergency.

Permits to Vary the Scheduling Rules

Employers may apply for an authorization from the director of Employment Standards to vary the requirement to post a work schedule or a change to the work schedule.

Employers with unionized staff do not need to request a permit if they get agreement from the union to vary the notice of a work schedule.

Most employees are entitled to an unpaid meal break of at least 30 minutes within every five hours of work.

An employer must provide an employee with an unpaid meal break at a time or times necessary for medical reasons. The employee is expected to work with the employer to set up a reasonable accommodation.

An employer isn't required to give a meal break where there is an unexpected, unusual, or emergency circumstance or it is not reasonable for an employee to take a meal break. In these cases, where a meal break isn't required, employees must be allowed to eat while working after they have worked for five consecutive hours. If an employee is directed to work or be at an employer's disposal during a meal break, the employee must be paid for the time. For example, an employee who has been directed to stay in the office over lunch to answer phone calls is at the disposal of the employer and must be paid for the time, even if no one calls.

The legislation does not require the employer to provide rest breaks. However, if rest breaks are provided, they are paid breaks.

Permit to Vary the Meal Break Rules

Employers may apply for a Meal Break Variation Permit from the director of Employment Standards to vary the meal break requirements.

Employers with unionized staff do not need to request a permit if they get agreement from the union to vary the notice of a work schedule.

Employees who usually work 20 hours or more per week must receive at least 24 consecutive hours away from work every seven days (except when fighting forest or prairie fires).

Limit on Hours of Work Per Week

Overtime rules apply to eligible employees after 40 hours in a regular work week. An employer must get the employee's consent to work more than 44 hours in a week. The employee cannot be disciplined for refusing unless there is an emergency.

Overtime rules apply to eligible employees after 32 hours in a week with a public holiday. If a public holiday occurs in a week, the employer must have the employee's consent before having the employee work more than 36 hours in that week. The employer can require the employee to work more than 36 hours when there is an emergency circumstance.

Employees must receive at least eight consecutive hours of rest within any period of 24 hours unless there is an emergency circumstance.

For example, an employee who works from 4 p.m. to midnight cannot be required to return to work until 8 a.m. the next day to ensure there is eight consecutive hours of rest in the 24-hour period of 4 p.m. on the first day to 4 p.m. on the second day.

An emergency circumstance is a situation with an imminent risk or danger to a person, property or an employer’s business that could not have been foreseen by the employer

Employers in a Hotel, Restaurant, Educational Institution, Hospital, or Nursing Home

Employers in these industries must provide employees who finish work between 12:30 a.m. and 7:00 a.m. with free transportation to their place of residence.

Employers must confine the hours of work of each employee to a period of 12 hours in any one day. The employer must not require or permit any employee to report for duty on more than two occasions in that 12-hour period.