APPENDIX A
SEPTEMBER 2014
GUIDELINES FOR OVERTIME COMPENSATION TO EXCLUDED
EMPLOYEES
These guidelines are set out in conjunction with the General Civil Service
Regulations which state:
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(1)
Except as provided in subsections (2) and (3), the following
employees are not eligible for compensation for overtime work:
(a)
Crown attorneys;
(b)
liability management employees;
(c)
excluded classification employees in pay bands 7-17,
inclusive;
(d)
medical employees;
(e)
public prosecution management employees;
(f)
legal services employees.
(2)
If the Deputy Head requires an employee who is not otherwise
entitled to compensation for overtime work to work beyond their
regular working hours to meet operational requirements, the
Deputy Head may, as operational requirements permit, grant the
employee time off.
(3)
The Commission may, on the Deputy Head’s request, approve
overtime pay for positions not otherwise eligible, and the overtime
pay must be calculated in a manner approved by the Commission.
PRINCIPLES
 The Public Service Commission recognizes that employees may on
occasion be required to work beyond their regular working hours to meet
operational demands.
 The Public Service Commission recognizes that it may be necessary for
employees in positions that are not ordinarily eligible for overtime
compensation to receive compensation under certain conditions.
 The normal method of compensation in these situations will be time in lieu
for the hours of overtime worked. Deputy Heads will have the authority to
authorize time in lieu.
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Only under exceptional circumstances, upon the Deputy Head’s request
and with the Public Service Commissioner’s pre-approval may overtime
pay be granted.
Exceptional circumstances could include such situations as:
o Implementation of a major initiative with tight time frames
o Increase to employee’s regular duties such that work cannot be
done in regular hours:
 due to demands of a particular project, or
 through significant absences in the workforce due to such
events as emergencies, natural disasters or health-related
causes in order to maintain business continuity
Overtime pay will be at straight time rates, which is the employee’s regular
rate of pay.
Departments must keep records of all overtime use, whether time in lieu or
monetary payment.
Guidelines should be reviewed within 1 year of introduction.
PROCESS
Time in lieu
 If employee is required to work beyond regular hours to meet operational
requirements, the Deputy Head may grant time off in lieu for each hour of
overtime worked. When time off is taken will depend on operational
requirements.
 Time in lieu may be banked, but any banked time must be used by within 2
years.
Overtime Pay
 If employee is required to work beyond regular hours to meet operational
requirements and the Deputy Head deems the situation to be an exceptional
circumstance, the Deputy Head will make a request on the approved form to
the Commissioner to approve overtime pay in that situation. (An application
form which will set out all of the information required by the Commission will
be drafted and attached to the Guidelines.)
 Applications will be reviewed by the Compensation Division of the PSC with a
recommendation provided to the Commissioner for her/his consideration. The
Deputy Head will then be notified of the Commissioner’s decision.
 Overtime pay may only be granted to the employee if the Commissioner
grants pre-approval.
ROLES
Deputy Heads
 Ensure overtime is used only when operational demands are such that it is
the only means of meeting those demands.
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Approve time in lieu when warranted.
Send appropriate documentation to Commissioner for pre- approval prior
to any overtime pay for exceptional circumstances being paid.
 Ensure accurate records are kept in relation to use of overtime. Input into
the SAP HR system is required prior to any overtime pay being allotted.
Managers
 Manage workload distribution to ensure overtime is only used when
necessary.
 Keep accurate records of overtime usage (time in lieu and monetary
payment) in format that is agreed upon.
 Be cognizant of effect of overtime pay on budgets.
Commissioner
 Decide whether to pre-approve requests for overtime pay.
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