Rest period between shifts

A buyer meets the term in the shift schedules of a business that runs late closings and early openings. Ontario’s Employment Standards Act, 2000 sets three kinds of time free from work, in section 18. See employment due diligence.

Daily, between-shift and weekly rest

Section 18(1) requires at least 11 consecutive hours free from work in each day, and s.18(2) says that does not apply to an employee who is on call and called in during a period when they would not otherwise be expected to work. Section 18(4) requires at least 24 consecutive hours in every work week or at least 48 in every two consecutive work weeks. Section 19 lets an employer require work during required free time only in the cases it lists, among them an emergency, and only so far as is necessary to avoid serious interference with the ordinary working of its establishment or operations. The Ministry’s guide describes an agreement to fewer than eight hours between shifts as one made electronically or in writing.

What to check

• Rosters that pair a closing shift with an opening shift for the same person.
• Any agreements to shorter gaps between shifts.
• How on-call call-ins are recorded.
• Whether the seller relies on s.19 for any pattern.

See also meal break. This entry covers Ontario only; check the rules where you are.