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Know Your Rights: Scheduling breaks and days off

Grace Campbell | Special to the Fitzhugh Q. How many days off am I entitled to? A.
Closeup image of a businesswoman holding and using mobile phone
Closeup image of a businesswoman holding and using mobile phone

Grace Campbell | Special to the Fitzhugh

Q. How many days off am I entitled to?

A. Employees must receive at least the following number of days of rest in each consecutive work week:

One consecutive work week = one day of rest, two consecutive work weeks = two consecutive days off, three weeks = three days off, etc. Employees can work a maximum of 24 consecutive days.

Q. How much notice are employers required to give when there is a change in the schedule?

A. All employers are required to give a minimum of 24 hours notice when there are changes in the schedule, and written notice to the affected employees. It is important to remember that employers' labour demands change, so yes, they are able to change your schedule. You as an employee, hold the right to refuse work if you are given less than 24 hours notice.

Q. How many breaks am I entitled to?

A. The number of and length of breaks depend on how long your shift is. Shifts less than 5 hours aren’t entitled to breaks, six-to-10-hour shifts are entitled to at least one 30-minute break. If agreed upon the break may be taken as two 15-minute breaks. Breaks can be paid or unpaid, but if the employer places restrictions on the break such as not allowing the employee to leave the premises, then the break must be paid.

Q. If I get called into work, am I entitled to a minimum pay?

A. You are entitled to three hours of pay at minimum wage or your hourly wage whichever ends up being the greater amount in total. For example, if you work for two hours and your rate of pay is $18/hour ($36) the three-hour rate at $15 ($45) would be the greater amount, so that is what you would be paid. There are some exceptions to this rule for employees in the Employment Standards Regulation (see Part 2 Section 11) or if there is a variance issued by the minister.

Grace Campbell is a client services representative with the Jasper Employment & Education Centre, a key resource for both workers and employers. If you have a question or want more information on a certain topic, feel free to email us at [email protected]

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