The leave period must be taken before the end of the next funding period. If this is not the case, the employer must pay the worker his regular wage for hours not worked. Workers who work on average from an average working time of more than one week must either receive 32 consecutive hours for each week on average or receive 1.5 times their normal wage for working time, instead of working without work. For example, an employee scheduled for a 4-hour shift may be subject to an investment agreement using a 2-week average cycle. During the 2-week average cycle, the employee may work an additional 10 hours per week, for a total of 100 hours per cycle. The employer would sometimes have to pay this worker for 20 hours above the 40-hour average during the average cycle. Average hours of work can be worked between a worker or a group of workers and their employer. A funding agreement is a written agreement between an employer and a worker or group of individual workers. This agreement establishes a new timetable setting the standard working time. While the requirement to pay overtime is reviewed at the end of a median period, there are two types of flexibility that are allowed by means, both of which can be made available to an employer: the Canada Labour Standards Regulations provides that an employer who wishes to change the average working time e.M or the number of weeks during the median period , at least 30 days earlier, a communication on the employer`s intent and a copy of the communication to the employer representing the workers involved who are subject to a collective agreement. (see 6 (3)). If the type of work requires this irregular allocation of day and week hours, operations meet the criteria of the average. If certain conditions are met, hours of work for the calculation of the entitlement to overtime can be calculated over a period of two weeks or more to a maximum of four weeks (meaning that overtime pay must only be paid if the average weekly duration of work is greater than 44 during the average period).
Employers who wish to respect an average worker`s working time to determine overtime pay must obtain a written funding agreement from the employee or union if the worker is represented by a union. If the worker has already received overtime pay for hours worked during the average period, these hours are not taken into account in determining the overtime to be paid to the worker at the time of termination. The calculation of flexible time depends on the average overtime.