Interpretation Guidelines Manual
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| 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.
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| 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
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| 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:
ExampleA 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.
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| Related Information Related sections of the Act or Regulation
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