Extend overtime banking period

Extend overtime banking period

Employers can apply to extend the overtime banking period under a written overtime agreement beyond 3 months.

Basic rules

  • for every hour of overtime worked, one hour of time off must be banked; for more information, see Overtime hours and overtime pay
  • the extension of the period for which time off may be taken is limited to six months
  • employees must use up their banked overtime within 3 months, starting at the end of the pay period when it was earned, or otherwise the hours are paid out at the overtime rate
     
    The exceptions to this are:
    • when a collective agreement specifies otherwise, or
    • when the employer gets a permit extending the 3-month time limit up to 6 months
       
  • permits allow an employer to address a temporary situation; the Director of Employment Standards may revoke, amend, or vary a permit at any time
  • permits to extend an overtime banking period do not alter or affect overtime provisions that otherwise apply

Conditions

For an extended overtime banking period permit application to be considered for approval, both of these conditions must be met:

  • applicants must be able to demonstrate difficulty in complying with the requirement that time off must be taken within 3 months after being earned
  • overtime agreements must comply with Section 23 of the Employment Standards Code

How to apply

Step 1. Download application

If you’re the employer, download and open this fillable form:

Joint Application to Extend the Overtime Banking Period (PDF, 1.6 MB)

Step 2. Fill out application

Follow the instructions on the form. To fill it out, either:

  1. Fill out the form on your computer, then save a copy.

OR

  1. Print the form and fill it out by hand. Scan the signed application if submitting it by email.

Note: when filling out the form, choose only one correspondence preference: email, fax or mail.

Step 3. Collect documentation

Along with the form, the employer must submit:

  • a copy of a group overtime banking agreement, or
  • copies of individual overtime banking agreements

AND

  • proof of employee support for the application (such as a letter of support from the union), or
  • a petition of support for non-union employees

Step 4. Submit application

The employer can send in the application to Employment Standards, by:

Email: LBR.espermits@gov.ab.ca
Fax: 780-422-8944
Mail:
Permits Analyst
Employment Standards Program Delivery
Alberta Labour
6th floor, Labour Building
10808-99 Avenue
Edmonton AB T5K 0G5

Step 5. After you apply

  • after you apply for a permit for your potential employee, it may take approximately 5 to 10 business days from the date it’s received by Employment Standards before you’ll receive the Director’s response.  Please note processing times may be impacted and delays may occur if an application is incomplete or is missing crucial information
  • during the review period, Employment Standards may contact you if they need more information–your fast response will speed up the review process
  • if the permit is approved, Employment Standards will send it to you by mail, email or fax (as pre-selected by you on the application form)
  • the employer must provide a copy of the permit to all affected employees
  • the employer must retain the permit on file
Created:
Modified: 2017-04-24
PID: 1687

Contact Employment Standards

Call the Employment Standards Contact Centre for general information or submit an inquiry online:

  • 780-427-3731 (Edmonton)
  • 1-877-427-3731 (toll-free)

View more contact options