Flexibility in Hours of Work
/head>Work and Family Provisions in Canadian Collective Agreements
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C. Flexibility in Hours of Work
Providing flexible working hours is another method of helping employees to balance their work and family responsibilities; this can facilitate their time management for other commitments and responsibilities.
This section deals with provisions such as flextime, compressed work weeks and annualized hours. Although these work arrangements do not ordinarily affect the total number of hours worked (as opposed to provisions such as job sharing, which lead to a reduction of working time), they usually give employees much more control than typical schedules in determining the distribution of time spent at work and time spent on other activities. This can allow working parents to adjust their schedules to spend more time together or to share child care or elder care duties. These arrangements therefore have the added advantage of providing more options concerning leisure time and of ensuring, in the case of two-parent families, a more gender-equal distribution of household work.1
Flextime
Flextime is an arrangement whereby employees can vary the scheduling of their working hours within specified guidelines. Essentially, it allows employees, on an individual or collective basis, to determine (or be involved in determining) the start and end times of their working day. This can allow them to meet family or personal commitments/emergencies during the day or to reduce their commuting time by starting and ending work before or after the rush hour.
The following graph presents the percentage (%) of major collective agreements containing provisions for flextime. There has been a gradual increase in the frequency of such clauses: in 1988, 9.8% had flextime clauses; 13.1% in 1993 and 14.3% in 1998. Thus, flextime has gained prominence during the past decade.
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It should be noted that flextime, at least on an individual basis, may not be feasible in certain contexts. This is particularly the case in some manufacturing and resource industries that have operational requirements whereby all employees in one section or department must report to work at the same time, a classic example being that of an assembly line. On the other hand, a number of industries, for instance companies in the service sector (e.g. banks and insurance companies), do not necessarily require that all employees work simultaneously, and can thus be more amenable to the establishment of flextime policies. This may be especially true where such policies have the added advantage of improving customer service, by staggering employees’ working hours and extending the hours of operation accordingly.
A general clause dealing with flexible hours reads as follows:
| (04056) | An employee may be granted flexible hours provided that such arrangement is consistent with the administration or operational requirements of the section in which the employee works, results in no increased cost to the Corporation and is mutually agreed to by the employee and her supervisor. |
Agreements based on operational flexibility
"Flexible" working hours are not always necessarily designed to meet employees’ needs, and may not, in fact, be voluntary. They may instead be initiated by the employer to improve efficiency and productivity by maximizing operational flexibility. Although this may be justified on the basis of economic considerations, this type of flexibility may not be particularly conducive to the balancing of work and family obligations.
| (08782) | On Commercial & Institutional Work the Employer may vary the start/quit times by up to two (2) hours at his option. |
| (08654) | The Company will provide as much advance notice as possible of a requirement [emphasis added] to work flexible hours. |
Often, flexible hours provisions found in collective agreements will reflect a compromise between the interest of employers in optimizing production or service delivery and the needs of employees for flexibility in their work schedules. This is explicitly recognized in at least one instance.
| (02374) | The Company and the Union recognize both the need to maximize productivity and operating efficiency while recognizing the needs of employees for flexibility in work schedules.
Accordingly, the parties agree to adopt on a trial basis a flexible working hours arrangement which, to be deemed successful, meets the Company’s business and operating needs while maximizing job flexibility as far as is practicable. |
Flexible hours for groups of employees
In a number of cases, clauses pertaining to flexible hours specify that the employer and the union may jointly agree to alternate working hours for a group of employees. Although this does not usually give individual employees much latitude in choosing their hours of work, it can nevertheless provide a measure of flexibility to a group of employees in circumstances where they must all report to work at the same time. One drawback is that alternate working hours, when they apply to a group of employees, can negatively impact those workers who would prefer working a regular 9-to-5 schedule. A second potential disadvantage is the fact that the process for changing the hours of work, if it constantly requires negotiations and joint approval, can be relatively cumbersome and, hence, not very flexible. However, such contract language may be deemed necessary by unions to ensure that hours of work are not unilaterally altered by management to the detriment of employees.
| (09042) | The starting and stopping time may be changed by mutual agreement. |
| (00198) | ...starting times may be varied up to one hour on either side of these times for experimentation purposes or to meet operational requirements. |
| (04085) | Notwithstanding anything in this Article, normal hours may be altered, within the limits of the work week, by the mutual agreement of the Parties to the Agreement. In such cases, the altered hours shall be considered as normal. |
| (04116) | When either the Corporation or a group of employees affected consider it desirable to establish a work day, a work week or a work schedule other than those described in this Article, any such changes shall only be made following mutual agreement. |
Flexible hours for individual employees
From the perspective of balancing work and family responsibilities, employees usually find it preferable to determine the scheduling of their working hours themselves, according to their own personal preferences. Although they are almost always subject to management approval, the following examples of flextime provisions offer employees much more leeway than provisions affecting entire groups of employees. It should be noted that in the examples below, employees are virtually always the initiators of requests for flexible hours.
Usually, employees must maintain their scheduled hours for a certain period of time, or must at least obtain prior approval for each change in working hours. Nevertheless, a minority of agreements allow employees to select their hours of work on a daily basis, as long as they are present during "core" hours and work the required number of hours.
| (05453) | A flexible work schedule may be established by mutual agreement between the Employee and the Hospital without committing either party to a permanent change or any additional cost to the Hospital. |
| (10160) | Upon approval from the Employer, an employee may be granted flexible daily hours. |
| (06632) | Subject to operational requirements as determined from time to time by the Employer, an employee shall have the right to select and request flexible hours between 7:00 a.m. and 6:00 p.m. and such request shall not be unreasonably denied. |
| (06122) | Subject to the requirement to provide continuity of service between the hours of 9:00 a.m. to 5:00 p.m. clerical employees and other employees (…) may be permitted to "flex" in the following manner:
Start time between 7:00 a.m. - 10:00 a.m. Employees must work a minimum of 7 hours 12 minutes per day every working day except where with the approval of the supervisor the employee is taking banked time off. |
| (04087) | The regular work day includes two (2) core periods, defined as the periods when the employee’s presence is mandatory.
The core periods are as follows: - 9:30 to 11:30 a.m.; The regular work day includes three (3) flexible periods, defined as the periods when the employee’s presence is optional. The flexible periods are as follows: - 7:00 to 9:30 a.m.; |
| (04597) | Employees will pre-select their start/finish times and duration of the lunch period (…) for management approval for a two (2) week interval with pre-selection to occur not later than Wednesday of the week immediately preceding the two (2) week interval. Such approval will not be unreasonably denied.
In the event two or more employees pre-select the same start/finish and/or lunch times, and all employee selections cannot be accommodated due to operational requirements, selections will be approved on a seniority basis. |
Flexible lunch period
A few employers and unions have negotiated flexible lunch period clauses in their contracts. These give employees the possibility of extending the length of their midday breaks, therefore allowing them to schedule appointments or to spend their mealtime with family members.
| (04597) | Except as otherwise provided in this Agreement, employees may select lunch periods from thirty (30) minutes to ninety (90) minutes at or near the mid-point of the shift, subject to adequate coverage being provided in all areas during business hours or hours of operation and to other operating requirements. |
| (08175) | Meal periods will be flexible in order to provide time for personal appointments with prior authorization. |
| (04056) | The employee may request that her lunch period be extended. Such request will not be unreasonably denied. |
Banking hours
Flexible hours may also be established by means of time banks, whereby employees can work extra hours and receive equivalent time off at a later period.
| (06122) | Employees may bank extra hours worked per day, with the prior approval of the supervisor to a maximum of 40 hours. Extra time worked may be banked only when the period of extra time is a minimum of 30 minutes per occasion.
Employees may carry over from month to month a maximum of 40 hours. |
Compressed Work Weeks
A compressed work week is an arrangement whereby employees work longer shifts in exchange for a reduction in the number of working days in their work cycle (i.e. on a weekly or biweekly basis). This can be beneficial for employees in terms of additional days off work (e.g. longer weekends allowing "mini-vacations") and reduced commuting time, whereas employers can extend their daily operating hours, with less need to resort to overtime. Compressed work week arrangements may be particularly useful for employees who wish to reduce the number of days per week spent at work, but who can not financially afford to decrease their working hours.
The following graph shows that the presence of compressed time provisions within collective agreements has increased during the past decade. It should be noted, however, that the data set does not differentiate between employer-initiated and employee-initiated compressed work week schedules. Therefore, one should exercise caution in interpreting these numbers: considered on their own, they are not necessarily indicative of a trend towards more family-friendly workplaces.
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Although they can be enticing for a number of workers who wish to balance their work and family responsibilities, compressed schedules may nevertheless have some drawbacks. Longer daily hours can cause greater physical and mental exertion, requiring sufficient stamina and energy. Consequently, not all employees are likely to desire or be able to manage compressed schedules. This can also raise concerns with respect to health and safety in the workplace, since risks are normally higher when employees are fatigued. These arrangements may therefore not always be appropriate in occupations requiring a high level of precision and sustained attention, especially in the handling of hazardous substances or equipment. These issues have been recognized in one agreement:
| (07254) | At least for the trial period, management will undertake monitoring of employee health to determine if the longer shifts have any apparent adverse effect. Additionally, there are other employee/work unit performance criteria such as sickness and accident usage and error rates which will be taken into account. The findings will be reviewed with the Union. |
Employer-initiated compressed work week arrangements
Like flextime, compressed work week provisions are not necessarily designed as a means of balancing work and family responsibilities. In some cases, they may be initiated by an employer solely in order to improve operational efficiency and to maximize production.
| (00971) | The parties recognize the need for flexibility of hours (…) for the express purpose of better utilization of manpower and equipment such as:
Balancing of production
Maintenance Market requirements Even flow production Continuous scheduling |
Although unions may agree to this kind of "flexibility," they nevertheless tend to negotiate some safeguards for employees, such as a requirement for joint union-management approval, and the consent of the employees—or the majority of a group of employees—affected.
| (10251) | A four-day work week can be introduced only with the consent of local management and the local Union representatives and on condition that all the affected employees agree. ]translation] |
| (00149) | Continued operation of this "Compressed Work Week" requires that a majority of fifty percent (50%) plus one support it in any vote. Votes may be held at the request of the Union but not more often than once in any six (6) month period. |
| (10427) | Implementation of a Compressed Work Week in certain work areas or to cover specific work situations shall be arranged between the Company and the employees on a voluntary basis. (…)
Prior to implementing a Compressed Work Week, the Company agrees to notify the Union. |
Contract language may also be added requiring management to take into account employee preferences when scheduling compressed work weeks. In practice, this may give employees an opportunity to obtain schedules that are more compatible with their family responsibilities.
| (05149) | The flexible work week provided clerical employees under this section is intended to allow the work week of such employees to be scheduled as any combination of hours in a four (4) or five (5) day period, Monday to Friday inclusive, to a maximum thirty-two (32) hour work week. Work schedules will be determined by the department head; but, wherever possible, consideration will be given to employee preferences. |
Employee-initiated compressed work week arrangements
Generally speaking, compressed schedules are much more likely to foster work-family and work-life balance when they are initiated by employees as a means to respond to their personal needs. However, these arrangements can differ noticeably depending on whether they apply to individuals or to groups of employees.
In situations where employees must work simultaneously (i.e. assembly lines, work teams), it may not be operationally feasible to allow compressed (or other) schedules that are tailored to each individual’s preferences. However, a few collective agreements provide employees the opportunity to collectively request an alternate schedule. Of course, this approach may cause some difficulties if a minority of workers is negatively impacted by such a change. Nonetheless, it still does offer a measure of flexibility for employees overall.
| (01586) | Where 75% of the affected employees in a particular operation or set of operations who have seniority request permission to move to an alternate shift schedule which is acceptable to the Company, such new schedule shall be instituted for a trial period not to exceed 6 months. |
| (10214) | At the request of the majority of its employees on a construction job site, the employer may, with the consent of the majority union group, increase the number of daily working hours in order to compress the work week into a period of 4 working days. |
| (10160) | Employees may, with the consent of the majority of the employees affected in a work unit and with the concurrence of the Employer convert to compressed hours of work provided:
i) no shift in excess of twelve (12) hours is involved; ii) the schedule does not result in additional overtime work or payment by virtue of such variation unless the parties otherwise agree; iii) shifts developed shall be subject to an initial trial period not to exceed six (6) months and be continued thereafter upon agreement of the majority of the affected employees and the concurrence of the Employer. Such agreement may be revoked upon three (3) months’ notice by either party. iv) the hours of work are averaged over the life of the compressed work schedule not to exceed fifty-six (56) calendar days. |
Obviously, from the perspective of balancing work and family responsibilities, the most advantageous contract clauses are normally those providing employees with the opportunity to request a compressed work schedule tailored to their personal needs and preferences. This can often be done within the context of general "flexible work week" provisions; this may be combined with flextime.
| (06632) | Notwithstanding the provisions of this article, upon request of an employee and the concurrence of the Employer, an employee may complete his weekly hours of employment in a period other than five (5) full days provided that over a period of fourteen (14), twenty-one (21) or twenty-eight (28) calendar days the employee works an average of thirty-seven and one-half (37 1/2) hours per week. As part of the provisions of this clause, attendance reporting shall be mutually agreed between the employee and the Employer. In every fourteen (14), twenty-one (21) or twenty-eight (28) day period such an employee shall be granted days of rest on such days as are not scheduled as a normal work day for him. |
However, the option to work compressed schedules is sometimes only made available to some employees and/or for a specific period of the year.
Nevertheless, the ability to change shift times during summer hours is especially relevant to family-friendly policies as school-aged children are on vacation during this time. This may allow parents to rearrange their shift schedule to spend more days with their children, or at least to cut down on child care expenses.
| (11865) | Only Association members in good standing as of February 1, 1989 shall have, during the period between St-Jean-Baptiste and Labour Day, the option of working a four (4) day work week. This option shall be grandfathered to these members only for all future agreements. Employees working a four (4) day work week of ten (10) hours per day shall be assigned either the Monday through Thursday shift inclusively or the Tuesday through Friday shift inclusively. |
Although they are not initiated by employees in the strict sense of the word, some provisions also exist offering employees the option to bid for existing compressed schedule positions. One disadvantage is that the number of these positions may be insufficient to accommodate the preferences of all employees.
| (09228) | It is agreed that the employer can establish work schedules of four (4) ten-hour days.
It is agreed that the employees may bid for the positions covered by these schedules during the annual bidding for positions (...) It is agreed that employees hired before the agreement ratification date may not be forced to bid for a position covered by this letter of agreement. [translation] |
Reduced work week leave
An innovative way of offering employees a compressed work week is by means of a "reduced work week leave," which compensates a longer work week with additional days off throughout the year, while giving employees the option of receiving pay in lieu.
| (04129) | The hours of work shall be the equivalent of thirty-five (35) hours per week. This will be done by working a normal week of five (5) x seven and one-half (7 ½) hour days and allowing seventeen (17) days a year Reduced Work Week Leave (RWWL) in lieu of the thirty-five (35) hour week. (...) [F]ull-time employees may elect by 1 December of each calendar year to take a cash payment in lieu of time off for any of the seventeen (17) RWWL days to be earned in the following calendar year. |
Annualized Hours
Flexible working time arrangements can also be provided in the form of "annualized" hours. These essentially allow employees to choose, within certain boundaries, their days and hours of work, with the proviso that they work a specified number of hours in a year. This can also be calculated over a shorter averaging period, be it on a monthly, biweekly, or other basis. Such arrangements combine elements of flextime and compressed work weeks and can have the added advantage of reducing recourse to overtime.
Employers may also benefit from such arrangements if they can be used to meet seasonal variations and peak hours. Moreover, output and product quality can be improved if employees work during their most productive periods of the day.
| (10839) | The normal work week for professionals who have an annualized schedule does not contain a predetermined number of hours or days of work. The annual number of hours of work is one thousand eight hundred and twenty (1,820) between May 1 of one year and April 30 of the following year. (...) Under this agreement, professionals may work more or fewer hours than those in a normal work week (35 hours), provided operational requirements permit, in accordance with their assigned duties and personal aspirations. (...) If, under exceptional circumstances and with the authorization of the professional’s immediate superior, the total hours worked exceeds one thousand eight hundred and twenty (1,820) at the end of the year (May 1 to April 30), fifty per cent (50%) is added to the excess and the time is banked...
The periodic schedule [horaire périodique] (70/2) governs professionals’ hours of work on the basis of a pay period. This schedule does not contain a predetermined number of hours of work per day or days per week. The number of hours of work per pay period is seventy (70). (...) Under this agreement, professionals may spread their hours of work over the two (2) weeks of a pay period, taking into account operational requirements, their assigned duties and their personal aspirations. (...) If, under exceptional circumstances and with the authorization of the professional’s immediate superior, the total hours worked exceeds seventy (70) at the end of the period, fifty per cent (50%) is added to the excess and the time is banked... [translation] |
| (09615) | Regular hours of work for full-time Employees, exclusive of meal periods, shall be equivalent to:
(i) thirty-eight and three quarter (38 3/4) hours per week averaged over one (1) complete cycle of the shift schedule (three (3) weeks); (ii) two thousand and twenty-two and three-quarter (2022 3/4) hours per year. |
One potential disadvantage of annualized hours for supervisors is the difficulty in monitoring and co-ordinating the work of employees. This is why additional clauses must sometimes be negotiated to ensure adequate control mechanisms are in place.
| (10839) | Where a new work schedule is implemented or different schedules are used in a single administrative unit, it may be necessary to introduce a time counter or any appropriate mechanical or electronic control system to monitor time worked. [translation] |
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1 Simcha Ronen, Alternative Work Schedules (Homewood, Ill.: Dow Jones-Irwin, 1984), pp. 116-117. resume