Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 5 - HOURS OF WORK AND STATUTORY HOLIDAY PAY

ESR Section 22 – Rest periods for residential care workers


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section explains the rest period that an employer is required to schedule for a residential care worker, based on how long the employee is required to remain on the premises in a 24-hour period. The section also outlines the payment requirements when a rest period is interrupted. 


Text of Legislation

22. (1) If a residential care worker is required by an employer to remain on the premises for a 24 hour period, the employer must schedule a rest period of 8 or more consecutive hours for the worker during the 24 hour period.

(2) For each interruption of a rest period to which a residential care worker is entitled under subsection (1), the employer must pay the worker at the regular wage for the longer of

(a) 2 hours, or

(b) the number of hours of work caused by interruption of the rest period.


Policy Interpretation

Subsection (1)

If a residential care worker is required to remain on the work premises for a 24-hour period, the employer must designate a rest period of at least 8 consecutive hours during this period. The 24-hour period can commence at any time during a day.

Subsection (2)

For each hour that is not part of a rest period, a residential care worker must be paid an amount not less than their regular wage rate.

For each interruption of a rest period, the employee is entitled to receive the greater of:

  • 2 hours pay; or
  • pay for the actual time worked

The minimum pay for an interruption of any hour within the rest period (no matter how brief) is 2 hours. The maximum compensation for the 8-hour period is 8 hours’ pay.

Example

During an 8-hour rest period starting at midnight, an employee is interrupted as follows:

1.     at 1:00 a.m. for 10 minutes;

2.     at 1:30 am for 15 minutes; and

3.     at 4:00 am for 30 minutes

This constitutes two interruptions, not three, because the second interruption fell within the same 2-hour period as the first interruption. Each interruption is worth 2 hours' pay, for a total of 4 hours' pay during that rest period.

A residential care worker must be paid the same wage rate for hours during the scheduled rest period and outside of the rest period.

Refer to section l of this Regulation, for the definition of “residential care worker”.

Under s.34 (1) (x) of this Regulation, a residential care worker is not entitled to the provisions of Part 4 of the Act.


Related Information

Related sections of the Act or Regulation

ESA

ESR