First published on Tuesday, October 15, 2024
Last updated on Wednesday, October 16, 2024
On call shifts are an essential component for many businesses that rely on rapid problem resolution and support. Especially, if your business deals with round-the-clock services or requires employees to handle emergency demands outside of traditional working hours.
For example, in the healthcare industry, staff may have to be prepared to respond immediately to emergencies. Or in the IT industry, employees may need to be on call for tech support. And if you’re a business owner in Canada managing an on call shift can be complex.
So, let’s explore your legal responsibilities for on call shifts and discover the best practices to ensure both your business and employees thrive in this demanding environment.
In this article, we will uncover the significance of on call shifts and the impact of managing them on workforce well-being and success.
Your legal responsibilities for managing on call shifts
In Canada, employment standards are primarily governed by provincial and territorial legislation, resulting in variations across jurisdictions.
Here’s a brief overview of the employment standards across Canada:
Minimum wage
Working hours and overtime
Vacation entitlement
Sick leave
Parental leave
However, there are significant differences between employment standards in Ontario, Alberta and British Columbia.
For this reason, you should contact employment relation experts andcheck the specific laws relating to their province regarding minimum wage, overtime, sick and parental leave when creating schedules for staff members that work on call shifts.
Working hours and on call pay requirements
On call working hours are complex because on call time refers to when an employee is available to respond to work-related duties rather than the hours they are actively working. Whether this time counts as work will depend on various factors, including the restrictions placed on the employee during an on call period.
There are two types of restrictions:
High restrictions
This means an employee has to remain within a specific distance from the workplace. For example, if an employee has to stay within 30 minutes of the workplace and can not engage in personal activities, this may indicate they are effectively working even if they are not present in the workplace.
Low restrictions
Some employees get more freedom during their on call period and can take part in personal matters without significant limitations. Therefore, their on call time may not count as work.
Expectation of response plays into this. For example, if there is an expectation for an employee to respond immediately, this could indicate that their on call time counts as work. The more stringent the response time, the less likely their on call time will be classed as work hours.
In Ontario, the Employment Standards Act provides specific guidelines regarding on call work and pay. It suggests that on call time may be compensable based on the level of restriction placed on the employee.
What about overtime?
The ESA states that employees are entitled to overtime pay for any hours worked over the standard workweek. This does change depending on the province, but in Ontario, the standard working week is 44 hours. Employers must be diligent in tracking hours and compensating employees accordingly.
Rest periods and right to disconnect
Like every employee, on call employees have the right to disconnect to ensure adequate health and wellbeing. In Canada, employment standards regarding rest and the right to disconnect vary by province.
For example:
In Ontario, employees are entitled to a minimum of 11 consecutive hours off each day and at least 24 hours off each work week.
In British Columbia, employees must receive at least eight consecutive hours between shifts.
In Alberta, employees must have at least eight hours of rest between shifts.
Adequate rest periods are crucial for all employees to maintain good physical and mental health as rest plays a key role in productivity, morale and overall wellbeing. Since on call employees have to remain available and responsive most of the time this can affect their work-life balance.
However, recent developments such as Ontario’s Right To Disconnect, addresses work-life balance and is vital for on call rotation workers who have the right to disengage from work outside their scheduled work hours.
So, if your business is in Ontario and you have more than 25 employees, you must have a right to disconnect policy and you have a duty to communicate this policy to all employees—including those who work on call.
Challenges of managing on call employees
Managing on call employees presents several challenges to employers.
These include:
Scheduling difficulties: On call schedules are complex, and employees work unpredictable hours, which makes it difficult for managers to schedule work around employees' personal commitments.
Fair compensation: Determining appropriate compensation for on call work can be complex.
Employee burnout: Continuous on call demands can contribute to employee burnout. That’s why employers should implement support systems to help employees cope under pressure.
Communication: Employers have the additional duty of defining expectations for on call work, and communicating this effectively can be complex.
These are just a few of the challenges that come with managing on call employees, but businesses can mitigate many of these challenges by implementing clear policies and providing support where necessary.
Best practices for managing on call shifts
Managing on call shifts requires a strategic approach that includes clear policies, fair scheduling practices and effective communication tools.
Establishing clear policies
Clearly outline to employees what being on call means, including responsibilities, response times, and other expected tasks. Include guidelines on rest periods and right-to-disconnect policies.
Transparent scheduling
Use a fair system for distributing on call shifts to prevent burnout and where possible, offer flexibility.
Effective communication tools
Implement scheduling software that allows employees to view their shifts and enables them to swap shifts easily.
How HR software can help you manage on call employees
HR software can significantly enhance managing on call employees by streamlining the process and improving communication.
Here are a few of the benefits:
Automated scheduling: HR software includes advanced scheduling tools that allow managers to create and manage shifts. Employees can view this data in real-time, reducing schedule conflicts.
Reminders and alerts: The software can send alerts to employees notifying them of their upcoming shifts.
Compliance: HR software can help you document and manage policies related to on call work and ensure all employees know their rights. It also maintains up-to-date records of on call hours, which are essential for compliance.
Get help with scheduling and tracking on call shifts
If you're looking for HR software that can help you balance the needs of your business and employees, while streamlining admin—giving you the best of both worlds—BrightHR is here.
With our advanced software features, you can create schedules for any working pattern and get 24/7 support for any HR or employment relation query you have.
See for yourself how BrightHR can help your Canadian business but book a free software demo today.