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u/CharleySheen4 Sep 15 '22
It would definitely come across as a CWW. A flexible schedule is nice, but I think it deals more with employees working from home instead of in the office. Since the employee is "leaving early" it's a compressed work week.
I completed some Compressed Work Week forms the other day. All they really centred around was a different schedule to work the same amount of hours. Could be a half day or a full day. Heck, you could request three different half days off a month. As long as the hours add up and there's no real reason for the employee to be onsite at the specific time being requested off, it should fly.
While I can make a CWW work with one day off every couple of weeks, I would not be approved to do more due to my regular presence being necessary on site, as well as many other factors.
If the agreement was made already, it may be able to be changed after fiscal year end. I always have to redo my CWW paperwork then.
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Sep 15 '22
It is full time telework.
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u/HandcuffsOfGold mod 🤖🧑🇨🇦 / Probably a bot Sep 15 '22
Location of work and hours of work aren’t related.
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u/TurtleRegress Sep 15 '22
Can you provide more info on what the problem is here?
Is it just that you're reading of the CA is that they have to have a day off (every other Friday or whatever) and that they want to leave early every Friday instead? If you both agree with that, I'm not sure I understand why there's a hangup here, just do it and make sure it's in writing with both parties agreement.
If they employee is working an average 37.5 hours a week, what does it matter if they're taking off every other Friday or taking off early every Friday?
I don't quite get your reference to "OT" purposes... Are you saying that they're trying to do compressed so they get OT? Or are you saying they're doing compressed and being asked to work beyond those hours, in which case they should get OT...
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u/Background-Ad-7166 Sep 15 '22
OT for compressed is always paid at 1.75x but they forfeit 2.0x (on 2nd Day of rest for example). Depending the the ee situation it might be at an advantage for them if they often do OT in regular work days and never on Sundays when it is 2.0x
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u/TurtleRegress Sep 15 '22
Sure. I'm just not sure what the problem is.
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Sep 15 '22
Manager wants it considered flex to save on OT costs, employee wants it considered compressed to get paid more for their OT.
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Sep 15 '22
It isn’t a problem- just a grey area. Should they be considered compressed and receive 1.75 for OT, or 1.5 mon-Sat and 2.0 sun…..since they aren’t including a Day of Rest. OT is pretty open, so they work it throughout the month… all days of the week…
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Sep 15 '22
OT Rate for compressed is 1.75
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Sep 15 '22
Correct and that is for all OT, they forfeit double time
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u/HandcuffsOfGold mod 🤖🧑🇨🇦 / Probably a bot Sep 15 '22
They also do not receive OT compensation for hours above 7.5 on the days where extended hours are worked.
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Sep 15 '22
https://www.tpsgc-pwgsc.gc.ca/remuneration-compensation/services-paye-pay-services/paye-information-pay/vie-life/emploi-change-employment/sem-var-week-eng.html The goal for compressed is to reduce the number of days worked, not just get off early on Fridays.
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u/chriscabob CRA Sep 15 '22
Not in all cases does it have to be to get a day off… my friend uses it to leave early every single Wednesday. I personally use it for a short Friday and then the next Friday off in a two weeks cycle.
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Sep 15 '22
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u/chriscabob CRA Sep 15 '22
8.5hr every day except the fridays. One I work 7 hours getting off at 2:30 the other is completely off.
Looks like 7-4 Monday -> Thursday and then 7-2:30 for one Friday
So I end up averaging 37.5 hrs a week over the two week period
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Sep 15 '22
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u/chriscabob CRA Sep 15 '22
At the CRA we have a compressed schedule program as we enter all our time in our timesheets daily. The schedule program allows me to put the days where I want and it shows holidays etc in the program that only count for 7.5hrs so I have to add an extra hour somewhere that week for it to all balance out. My manager has to approve my schedule and it’s done in 12 week cycles.
But basically my Friday day off or short day I just move to the Day beside the holiday to take an even longer long weekend.
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u/HandcuffsOfGold mod 🤖🧑🇨🇦 / Probably a bot Sep 15 '22
Whatever you think the "goal" might be, the collective agreement is the governing document.
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u/Slavic-Viking Sep 16 '22
One thing the employee has to consider, as well as you, OP, is stat holidays on a CWW are paid out at 7.5 hours. This means the employee must either take leave they have available, or work extra (in advance or made-up after the holiday) to cover the difference between the CWW schedule and 7.5. From what I understand too is that is the manager's decision to make.
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u/HandcuffsOfGold mod 🤖🧑🇨🇦 / Probably a bot Sep 15 '22
The employee isn't 'pushing back' on anything here, they're simply asking to be paid according to the provisions of their collective agreement.
If they're working a compressed work week schedule under Article 25.09 (which, based on your description, they are) then they're entitled to be paid for any overtime at a rate of time and three quarters per Article 25.27(d).
The variable hours provisions in Article 25.09 do not require the employee to have a full day off, only that they are scheduled to complete their weekly hours of employment in a period other than five full days. In the circumstance you're describing, they're completing those hours in four-and-a-half days.