Overtime after 48 hours worked
The Standard Work Week on Prince Edward Island is 48 hours. Many employees who work more than 48 hours in any week are entitled to overtime pay. Overtime pay is calculated at 1.5 times the employee’s regular rate of wages. Overtime pay is paid on the employee’s next pay along with the employee’s regular wages.
For example, an employee who is paid $14 per hour has worked 50 hours in one week. The employee worked two hours of overtime (50 – 48) in that week and the employee’s overtime rate of pay is $21.00 [1.5 x $14.00]. The employee has earned $42 in overtime pay which is paid to the employee along with the regular wages on the next pay.
Overtime after 55 hours worked
Employees who work in certain industries are entitled to overtime pay if they work more than 55 hours in any single week. Industries in this category are fish processing, trucking, and highway construction and maintenance including traffic control and snow removal on highways, roads and streets. Employees who work in community care facilities begin to earn overtime pay after working for more than 96 hours in a recurring period of two weeks.
Banking of overtime hours
An employee who works overtime hours is paid overtime pay. However, an employee can request the employer to have her overtime hours accumulated or banked, instead, to be taken later by the employee as paid time off. This arrangement only works, however, if the employer agrees to the employee’s written request to bank overtime hours.
An employer who agrees to accumulate the employee’s overtime hours must accurately record the overtime hours banked and taken by the employee. For every hour of overtime banked under this arrangement, the employee will receive 1.5 hours of paid time off at the employee’s regular rate of pay.
Paid time off must be taken by the employee within three months of the work week when the overtime was earned by the employee. An employer who does not agree to accumulate overtime hours worked by an employee must pay overtime on the next pay for overtime hours worked by the employee.
that employees can take breaks during their work?
Employees can get daily and weekly breaks during their employment.
Daily rest period
An employee is entitled to a one half-hour unpaid rest period after every five consecutive hours of work. The daily rest period is unpaid and cannot be unreasonably denied by an employer. An employee is not required to remain on the premises of the employer during the half-hour unpaid period. Situations can arise when employees do not get the full one half-hour break at one time and in such circumstances the employers must pay for the half-hour.
Weekly rest period
An employee is entitled also to a rest period of at least 24 consecutive hours in every seven-day period. Whenever possible the rest period shall include a Sunday.
These articles provide only general information. Details about provisions of the Prince Edward Island Employment Standards Act and Regulations can be obtained by contacting the Employment Standards Branch:
phone: 902-368-5550 or toll free at 1 (800) 333-4362 fax: (902) 368-5476 or visit www.peiemploymentstandards.com for more information.
The Branch is located at Sherwood Business Centre, second floor, 161 St. Peter’s Road, Charlottetown.