Interpretation Guidelines Manual
|ESR Section 22 - Rest periods for residential care workers|
Text of Legislation
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
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.
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.
Related sections of the Act or Regulation