From: Labour Relations <lr_team@sfu.ca>
Date: August 20, 2020 at 4:09:18 PM PDT
Cc: Chris Hatty <hatty@sfu.ca>, Sandi <sandi_domenico@sfu.ca>
Subject: Important Message To All APSA Members And APSA Supervisors
Important message to all APSA members and APSA supervisors:
In connection with its management of a grievance filed by APSA, the University recognized that the compensation for APSA employees for hours worked in excess of APSA’s standard work day/week, as set out in Policy AD 10.13, does not comply with the requirements of the Employment Standards Act and the Employment Standards Regulation, in particular for those APSA employees who are not managers. This means that in law this aspect of AD 10.13 is void.
To align with the Employment Standards Act and the Employment Standards Regulation, the University must compensate APSA employees who work hours in excess of APSA’s standard work day/week in the following ways. APSA employees who are:
- managers should continue to receive time in lieu for such hours; and
- non managers should be paid at time-and-a-half for work over the APSA’s standard work day/week and double-time for work over twelve hours in a day or on holidays.
The Employment Standards Regulation defines a manager as a person who supervises or directs human or other resources or who is employed in an executive capacity. In deciding who is a manager, the University will apply this definition and the principles identified in the relevant legal decisions. If you have a question about whether you are a manager or not, please speak to your supervisor and your HR Strategic Business Partner.
To ensure APSA employees are compensated properly, hours worked in addition to APSA’s standard work day/week must be reported in a timely way by all APSA employees on an ongoing basis. To ensure this occurs:
- Supervisors of APSA employees must ensure their department/program has a system in place to keep track of hours worked by APSA employees in addition to APSA’s standard work day/week to ensure the University compensates such APSA employees properly.
- Every APSA employee must report hours worked in addition to APSA’s standard work day/week in writing to the APSA employee’s supervisor and are urged to do so within two business days of working the hours in question;
- To simplify these reporting requirements, it will not be necessary for an APSA employee to submit a record of daily hours worked when the APSA employee has worked the standard APSA workday of 7.2 hours. After two business days, the absence of a record of daily hours worked will be treated by a supervisor as confirmation that an APSA employee worked 7.2 hours on the day in question;
- An APSA employee who is not a manager and who works hours in addition to APSA’s standard work day/week should receive time-and-a-half pay for work over the standard workday, and double-time for work over twelve hours/on holidays.
· An employee can request to bank their overtime hours instead of having them paid out. All request must be submitted in writing.
- An APSA employee who is a manager and who works hours in addition to APSA’s standard work day/week will be compensated with time in lieu. Time in lieu is compensated based on an employee’s straight time rate of pay. Time in lieu should be taken within a reasonable time after it has been earned which takes into consideration both the APSA employee’s preferences and the University’s operational needs.
- When an APSA employee who is a manager takes time in lieu, the APSA employee is urged to also report the time taken to the employee’s supervisor in writing within two business days.
It’s important to note that APSA employees should not be expected or required to work hours in addition to APSA’s standard work day/week on a regular or routine basis. The supervisor of an APSA employee who is reporting hours of work in excess of APSA’s standard work day/week on a regular or routine basis must take timely steps to review and then discuss with that APSA employee the relevant job objectives, workload, and work priorities including such revisions to these matters as may be necessary.
As a general practice, supervisors of APSA employees should regularly review each APSA employee’s job objectives, workload, and work priorities to ensure the work in question can normally be performed within the standard APSA work day/week, and that any hours worked in addition to APSA’s standard work day/week are necessary and can be covered by the relevant operational budget.
Please see the attached FAQs.
Chris Hatty
Director, Labour & Employee Relations
Human Resources Department | Simon Fraser University
8888 University Dr., Burnaby, B.C. V5A 1S6
T: 778-782-4273