Each month, our advocates answer your questions about workplace challenges, the AD 10 policies, and how they’re applied. Questions? Submit them anonymously here. These questions will be answered in a monthly advocacy corner issue. For an immediate answer, please contact APSA.
Hello, I'm Arlette Stewart, an advocate on APSA's Advocacy Committee and current Board member. On behalf of the Committee, I'm answering your questions related to hours of work.
We've had several questions regarding hours of work and the changes that the University is undertaking to comply with the Employment Standards Act. Here are some of your questions.
Is the two-day business requirement part of the Employment Standards Act? Why is this a requirement by the University?
The two-day requirement you're referring to is from the recent email that HR sent regarding complying with the Employment Standards Act. There is nothing in the Employment Standards Act regarding reporting your overtime within two days. Although APSA encourages its members to record and report their overtime accurately and in a timely manner, we are trying to clarify why the University chose this timeframe.
I work at SFU, and I am a manager per the Employment Standards Act. I read in the HR communication that managers get hour for hour lieu time. My director has told me that I'm not eligible for hour for hour lieu time. What should I do?
If you've worked legitimate extra hours, you are entitled to time off in lieu at the rate of hour for hour per the University's August 2020 FAQ sent to the APSA membership about this issue. If this is not happening, please contact APSA for assistance.
I've got records of my extra hours going back three years. Will I be compensated for this time?
We will pursue legitimate retroactive overtime for members who have an accurate record of it. Please maintain records of your overtime and let your supervisor know.
I have people who report to me in my office, but my director approves their work and has the final say in their projects, PDPs and vacation approval. I handle their day-to-day work and occasionally help my director with calendaring vacations etc. but this isn't the main part of my job. Am I considered a manager for hours of work purposes?
I would recommend contacting APSA to discuss your role and current duties. First, even though you are helping supervise the reports, it appears that this is not your role's primary responsibility. Secondly, you do not substantially affect the employment conditions of your reports. If we look at the Employment Standards Act guidelines for a manager, you might not be one, despite having employees who report to you.
How do I figure out if I'm a manager or not?
Figuring out if you're a manager seems simple, but is more complex than just supervising employees.
The Employment Standards Act has laid out a set of guidelines that help determine whether you are a manager or not.
- If you have no direct authority over your reports, you are not considered a manager.
- If you have no employees but have full control over a substantial portion of the company's resources, you are considered a manager.
I would recommend that you go over your current job duties with APSA so we can determine if you qualify as a manager per the BC Employment Standards Act.
If you have any questions or concerns, please contact APSA. Your call or email is confidential.