stat holidays

[Tim]

I'm wondering if anyone can shed any light on how pilots in an on-call situation should be paid for stat holidays.

My understanding of the labour law is that any full time employee is entitled to X amount of stat holidays per year depending on the province they work in - in Nova Scotia it's 5 days. The compensation can either be a paid day off on the holiday or at a different date agreed on by both the company and employee. If no extra time off is given the employee should be paid an extra day's pay in addition to all regular pay and if working on the holiday itself should also be paid time and a half.

My current situation is I am on call for what usually works out to be 8 on 4 off. During the 8 on we are on call for 12 hrs at a time, but can be called at any time for reasons such as other crews dutied out, illness etc. We are given no extra days off outside the regular scheduled days off, nor are we given any stat pay. We ARE paid time and for our time on duty if we get called on a holiday.

I have dealt with this at my last job and successfully had the company reimburse us appropriately as I described above, however none of that was on call work. This is where things get a little fuzzy for me.

Does anyone have any knowledge or experience they can share? I'd like to have my ducks in a row if I'm going to take this to my boss/HR.

[polar one]

Refer to Canada (federal) labor code. It is all in there.
Unfortunately, because the federal labor people do not enforce things as enthusiastically as some provincial labor boards, many aviation companies in Canada ignore them. It also would not hurt to review the provincial regualations and have a chat with the provincial people.

[Tim]

Refer to Canada (federal) labor code. It is all in there.
Unfortunately, because the federal labor people do not enforce things as enthusiastically as some provincial labor boards, many aviation companies in Canada ignore them. It also would not hurt to review the provincial regualations and have a chat with the provincial people.

As I said, I'm familiar with the rules I'm just having trouble interpreting them as it applies to on call.

Since aviation is federally regulated technically it should be governed by the federal laws, but one step at a time. The provincial laws are a little more lax than the federal laws.

Do you have anything in particular you are familiar with?

[fish4life]

do you get paid at all for being on call if you don't get called in?

[whiteguy]

In a "continuous operation" you should get the stat off. If you work it's time and a half above your pay. If the stat falls on a scheduled day off you get a day in lieu.

If you get called the day before for a flight on the stat it's your right to say no but the company has the right not to pay you for the day. On the stat day you don't have to answer the phone.

[200hr Wonder]

I work 4days on and 4days off, 12 hour shifts. I am required to be on site for the 12 hours shift so might not quite work out the same for you, however per the Federal Labor code we get the 9 stat holidays. They are given to us as days in lieu.

So for example in a 30 day month we are required to work 15 days. If there is a stat holiday during that month we will get a day in lieu. So we work 14 days that month OR we bank the day and perhaps take it later on. Alternately we can cash the day out for money. I think it is time and a half but don't quote me on that as I have yet to take a stat out of the bank.

The long and the short of it is this: If you are a full time employee you are entitled to a day off OR a days pay regardless of if you would normally work the Stat or not.

All on the the hrsdc website: http://www.hrsdc.gc.ca/eng/labour/labou ... iday.shtml

[smnoi]

I'm in a company where the medevac operation works on a 2 weeks on and 2 weeks off schedule. The employer tries to give us extra days off through the year but when it's impossible, they just accumulate them and pay everything at the end of the year. So we get 1.5 extra day paid for each stat day we were on call and 1 extra day for each stat we were off.

[Tim]

I work 4days on and 4days off, 12 hour shifts. I am required to be on site for the 12 hours shift so might not quite work out the same for you, however per the Federal Labor code we get the 9 stat holidays. They are given to us as days in lieu.

So for example in a 30 day month we are required to work 15 days. If there is a stat holiday during that month we will get a day in lieu. So we work 14 days that month OR we bank the day and perhaps take it later on. Alternately we can cash the day out for money. I think it is time and a half but don't quote me on that as I have yet to take a stat out of the bank.

The long and the short of it is this: If you are a full time employee you are entitled to a day off OR a days pay regardless of if you would normally work the Stat or not.

All on the the hrsdc website: http://www.hrsdc.gc.ca/eng/labour/labou ... iday.shtml

thanks 200 thats very helpful info.

im very familiar with the website, it's how i got things changed at my last job. lets hope it works again!

[Tim]

I'm in a company where the medevac operation works on a 2 weeks on and 2 weeks off schedule. The employer tries to give us extra days off through the year but when it's impossible, they just accumulate them and pay everything at the end of the year. So we get 1.5 extra day paid for each stat day we were on call and 1 extra day for each stat we were off.

thanks smnoi, that's helpful as well!

[Tim]

do you get paid at all for being on call if you don't get called in?

we are paid a straight salary.

[Tim]

maybe i should add that we don't have anything in our contract regarding a minimum amount of days off per month/year.

[BE20 Driver]

I work a rotation also. We don't get the option to take time off, the company just pays everything out. I think it's 9 federal stat days and 1 or 2 provincial days.

[beaverbob]

I work 4 - 10 hour days on and 3 days off.
If a stat happens on one of my work days I get 1-1/2 for that day plus another paid day off.
If a stat happens on a day off I still get a paid day off later out of my schedule in lue of the stat.

Bob