Flex Time Policy

Policy number: 2012-03

Effective date: December 17, 2012

Last revision date: February 29, 2024

On this page

1. Purpose
2. Policy
3. Scope
4. Definitions
5. Responsibilities
6. Procedures
7. Exceptions
8. References

1. Purpose

To accommodate both the workload needs of the County and the personal needs of employees for time off from work during regular scheduled hours of work.

2. Policy

Flex time allows for alternative work scheduling as a means of providing choice as to when the work can best be performed to the mutual benefit of the Corporation and the employee.

3. Scope

This policy is mandatory for all Non-Union employees in positions below Grade 13, including Non-Union students.

A CUPE represented employee may choose to participate in flex time, subject to the approval of their supervisor in consideration of operational needs. Such employee, in writing, may opt into flex time upon appointment to their position and may subsequently opt in or out only at the end of the last pay period of any calendar year.

A CUPE represented employee who chooses to participate in flex time shall be subject to the applicable Non-Union Policy provisions related to payment for hours worked, including Normal Hours of Work, Overtime, Sick Leave Credit Usage and Vacation Usage.

In turn, the participating employee relinquishes all rights to related provisions governing compensation for hours worked in the CUPE collective agreement.

Library Board Employees, Volunteer Firefighters and Non-Union employees in Grades 13 or above are excluded from this policy.

4. Definitions

Flex time -  Any approved hours worked, in excess of an employee's regular scheduled hours, shall be recorded as "Flex Time Banked". When an employee works less than their regular scheduled hours, the employee may use hours from their flex bank and record it as “Flex Time Taken”, subject to Supervisor approval.

Regular Scheduled Hours -  An employee’s regular scheduled work day, as approved by the Supervisor, provided that it meets the operational needs of the Division and includes the core hours of 10:30 a.m. - 2:30 p.m., for each day of the work week, in order to be accessible for the purposes of meetings, updates and correspondence.

Settlement Period 1 -  Week 1 and week 2 of a 4 week pay cycle, as determined by payroll scheduling.

Settlement Period 2 -  Week 3 and week 4 of a 4 week pay cycle, as determined by payroll scheduling, at the end of which all hours in excess of 14/16 are rolled into the employee’s overtime bank.

Supervisor -  The Non-Union employee to whom an employee directly reports. This could be a Non-Union Supervisor, Manager, General Manager or CAO, depending on the reporting relationship.

Work Week -  It is recognized that the work week encompasses 24 hours per day, 7 days per week, to provide all services offered by the Corporation. Business hours for County administrative offices are from 8:30 a.m. until 4:30 p.m., Monday to Friday inclusive, with the exception of recognized holidays. Work hours for other County services vary and are subject to the discretion of the Manager of that Division to meet operational needs. Coverage for all business hours is mandatory in each Division.

5. Responsibilities

5.1  A Supervisor shall:

• Establish each employee’s regular scheduled hours.
• Review basic flex time principles with employees as well as Division specific requirements.
• Pre-approve all flex time worked and taken through an established approval process.
• Manage flex banks to ensure overtime hours at Settlement Period 2 are minimized. This can include requiring an employee to utilize flex time, through scheduled time off, in order to avoid overtime where appropriate.

5.2  An employee participating in flex time shall:

• Obtain approval, in advance, from the Supervisor for all flex time worked and all flex time taken, in accordance with established process requirements.
• Monitor flex banks to ensure overtime hours at Settlement Period 2 are minimized.
• Monitor flex balance on pay statement and, if a discrepancy between their timesheet and pay statement exists, contact Human Resources immediately to confirm the correct flex time balance.

6. Procedures

6.1  Flex Time Conditions

Flex time arrangements may vary based on the unique operating needs of each Division and position. However, the following conditions shall apply under all circumstances:

• Flex time shall be banked and taken in 15-minute increments.
• Flex time may be taken at any time during the regular scheduled hours of work, with the approval of the Supervisor, provided that the responsibilities of the job are met.
• No more than 30 minutes of the one-hour lunch period may be banked as flex time. When an employee works at least 5 hours, the employee must take a lunch break of at least 30 minutes. The lunch break is unpaid time.
• All 15-minute paid rest periods must be taken and cannot be banked as flex time, even if unused.
• Hours spent attending or travelling to/from professional development opportunities, in excess of the regular 7/8 hour day, are not eligible for flex time banking.
• Flex time off that has been approved, but not yet taken, may be revoked by the Supervisor if priority/emergency tasks arise.
• Flex time taken is based on the principle of “first in, first out”.

6.2 Flex Time Balances

Flex time balances are as shown on the employee’s pay statement. Balances are carried forward each pay and from year to year.

Balances are settled at the end of a 4-week cycle. At the end of Settlement Period 1, there is no maximum credit or debit level for flex time banked. At the end of Settlement Period 2, the maximum balance that can be carried forward in the flex time bank is plus or minus 14/16 hours.

Debits (a negative flex time balance) are considered as time owing to the Corporation.

Credits (a positive flex time balance) are considered as time owing to the employee. Hours in excess of the maximum credit level at the end of settlement period 2 are transferred to the employee’s overtime bank in accordance with the Non-Union Policy governing the administration of overtime.

All employees participating in flex time shall have overtime administered in accordance with the provisions applicable to Non-Union Grades 1-8, as outlined in the Employment Conditions for Non-Union Employees.

6.3 Accumulated Time

A. At End of Employment:

• When an employee terminates employment for any reason, including death, the Corporation shall pay out any flex time banked at the rate earned. In the event that an employee has a negative flex bank at the end of employment, the hours owing shall be recovered from the employee.

B. Upon Permanent Transfer to a Wage Grade which has Different Flex Time Provisions, or upon a CUPE Represented Employee Opting out of Flex Time:

• In the event that an employee has a positive flex time balance, the employee shall, subject to their Supervisor’s approval, use their balance before transfer or opting out of flex time. Any positive balance that remains at the time of transfer or opting out will be paid out at the rate earned.
• In the event that an employee has a negative flex bank at the time of transfer or opting out, the hours owing shall be recovered from the employee.
• When the transfer is temporary, the positive or negative balance shall be frozen immediately upon transfer and remain frozen until the employee returns to their permanent position.

7. Exceptions

This policy does not apply during a declared “Exceptional Circumstance” as outlined in the Non-Union Policy.

Emergencies such as, but not limited to, inclement weather, power outages and family emergencies may be accommodated using the flex time system with the Supervisor’s approval.

8. References

• Employment Conditions for Non-Union Employees
• Employment Standards Act, as amended