Article 7 : hours of work
7.1 The University determines the hours of operation, work schedules, nature of activities and staff required, according to the operational needs and the provisions of the Ontario Health Protection and Promotion Act, R.R.O. 1990, Regulation 565/90 Public Pools, as amended.
7.2 The work schedules are established by the University in accordance with operational need, taking into account availability and order of seniority of the employee who has the necessary qualifications to perform the work. If the employee base is insufficient, the University will begin the recruitment process.
7.3 Employees who report at work for any scheduled shift which is cancelled will be paid:
- For the length of the scheduled shift if the length of the scheduled shift is less than three (3) hours;
- Three (3) hours of work if the scheduled shift is more than three (3) hours.
This provision does not apply if the employee is given a minimum of forty-eight (48) hours notice of shift cancellation.
7.4 Employees shall submit their availibility for the session on a structured availibility form provided by the University four (4) weeks prior to the beginning of each session.
A tentative schedule will be sent by the Manager to all employees for their approval. The employee has up to a week to confirm their acceptance. Once confirmed, the scheduled shifts are the responsibility of the employee.
For weekday shifts (Monday to Friday), employees will be scheduled on the base schedule for consecutive weekly shifts, subject to operational need.
For weekend shifts (Saturday and Sunday), employees will have the option of being scheduled on the base schedule for consecutive bi-weekly shifts, or for consecutive weekly shifts, subject to operational need.
The option of bi-weekly shifts applies to Lifeguard and Head Lifeguard shifts only. Instructors must be available for the classes of their course.
7.5 Unless the employee is on an authorized unpaid leave of absence as stated in Article 5.4 of the Agreement, as a condition of employment, Lifeguards and Head Lifeguards must be available for a minimum of eight (8) hours of work per week for the fall and winter sessions. For the spring-summer session, the minimum availability is fifteen (15) hours of work per week. The maximum availability is forty (40) hours of work per week.
7.6 Unless the employee is on an authorized unpaid leave of absence as stated in Article 5.4 of the Agreement, as a condition of employment, Instructors must be available for a minimum of two (2) hours of work per week during fall and winter sessions and a minimum of five (5) hours per week in the spring-summer period.
7.7 The work week begins on Sunday (at 0:01 a.m.) and ends on Saturday night (at midnight).
7.8 Personal Emergency Leave
If an Employee cannot work their scheduled shift for reasons of illness or personal emergency (as listed in the Employment Standard Act), they shall advise the University, at least two (2) hours in advance as follows:
- The employee contacts the Manager by email to advise them that for reasons of illness or personal emergency, they will not be reporting to work; and
- The employee contacts the on-site supervisor (Head Lifeguard or other) by phone to inform them of the absence.
The on-site supervisor (Head Lifeguard or other) shall be responsible for finding a replacmeent of the same job classification using the employee list.
In case of an opening shift, (e.g. 5am-7am start time), the employee must make all the efforts to request these leaves by 9h the night before. Outside the hours, the employee shall find a replacement (first come first served) by using the employee list, and then inform by email the Manager of their replacement.
7.9 Other Shift Replacement
In cases other than illness or personal emergency leave, the employee must provide a minimum of forty-eight (48) hours’ notice to the Manager and Head Lifeguard by email that they will be seeking a shift replacement.
The employee has the burden of finding a replacement by order of seniority.
The employee emails all staff with the replacement request and a deadline to respond. The most senior qualified employee who responds by the deadline shall be awarded the replacement shift, after which point the first employee who accepts the offer obtains the replacement.
The employee who is seeking a replacement request for a leave confirms by email to the replacement that they have the shift and copies the Manager and Head Lifeguard.
If a replacement cannot be found, the Manager may refuse the replacement request and the employee is expected to report to work.
7.10 Minimal Scheduled Shifts
The employees must work shifts of a minimum of:
- Three (3) consecutive hours for Head Lifeguards,
- Two (2) consecutive hours for Lifeguards, and
- One (1) hour for Instructors.
7.11 Lifeguards and Head Lifeguards shall be entitled to a paid fifteen (15) minute off-rotation period for every two (2) consecutive hours of on-deck pool supervision. During the off-rotation period, the employee may be assigned administrative tasks.
7.12 Employees working five (5) hours shifts shall be entitled to a paid thirty (30) minutes lunch period, either because they are scheduled more than five (5) hours or because they are doing a replacement in continuity of their shift. However, the employee has to stay in the workplace, ready to intervene if the operational needs demand it.
7.13 Employees are entitled to a paid fifteen (15) minutes rest period for every four (4) consecutive hours of work.
7.14 The Head Lifeguard is responsible for replacing employees on off-rotation break or paid rest period.
7.15 All employees required to arrive early for their scheduled shift shall be paid for such time, according to the wage schedule.
7.16 To contend with an exceptional situation or a punctual emergency where there is a lack of staff to adequately cover an activity, an employee's break or off rotation, the Aquatics Coordinator can perform the routine work of an employee as Lifeguard or Head Lifeguard, as long as the total time taking on these roles is less than three (3) hours in a work week.
7.17 If none of the qualified employees are available to offer the advanced instructional courses, the Aquatics Coordinator can take on the role of a Specialized/Advanced Aquatic Instructor, as long as the Aquatics Coordinator makes every reasonable effort to have the employees do this work.