Ontario employment law
#1
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Ontario employment law
Hi all,
I have been working in a doctors office for the past year- my first regular job in Canada. I work a mix of 6 and 10 hour shifts but as our clinic is busy we usually end up working an extra 30 minutes or more each day. At the moment I do not get a break for the shorter shift and usually manage about 20-30 minutes in the longer one. I’m questioning whether this is considered usual practice in Ontario, particularly in the medical field? I work at the front desk and we do not have a second receptionist to cover me, therefore the possibility of taking a break after what I believe is the 5 hour legal time limit is not an option and never will be with the way our clinic operates now. The work is also non stop so I don’t get a chance to take myself off to use the washroom, eat a snack etc. Is this considered acceptable here? It is only a small Dr-owned clinic with three staff.
Thanks in advance.
I have been working in a doctors office for the past year- my first regular job in Canada. I work a mix of 6 and 10 hour shifts but as our clinic is busy we usually end up working an extra 30 minutes or more each day. At the moment I do not get a break for the shorter shift and usually manage about 20-30 minutes in the longer one. I’m questioning whether this is considered usual practice in Ontario, particularly in the medical field? I work at the front desk and we do not have a second receptionist to cover me, therefore the possibility of taking a break after what I believe is the 5 hour legal time limit is not an option and never will be with the way our clinic operates now. The work is also non stop so I don’t get a chance to take myself off to use the washroom, eat a snack etc. Is this considered acceptable here? It is only a small Dr-owned clinic with three staff.
Thanks in advance.
#2
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Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Re: Ontario employment law
Hi all,
I have been working in a doctors office for the past year- my first regular job in Canada. I work a mix of 6 and 10 hour shifts but as our clinic is busy we usually end up working an extra 30 minutes or more each day. At the moment I do not get a break for the shorter shift and usually manage about 20-30 minutes in the longer one. I’m questioning whether this is considered usual practice in Ontario, particularly in the medical field? I work at the front desk and we do not have a second receptionist to cover me, therefore the possibility of taking a break after what I believe is the 5 hour legal time limit is not an option and never will be with the way our clinic operates now. The work is also non stop so I don’t get a chance to take myself off to use the washroom, eat a snack etc. Is this considered acceptable here? It is only a small Dr-owned clinic with three staff.
Thanks in advance.
I have been working in a doctors office for the past year- my first regular job in Canada. I work a mix of 6 and 10 hour shifts but as our clinic is busy we usually end up working an extra 30 minutes or more each day. At the moment I do not get a break for the shorter shift and usually manage about 20-30 minutes in the longer one. I’m questioning whether this is considered usual practice in Ontario, particularly in the medical field? I work at the front desk and we do not have a second receptionist to cover me, therefore the possibility of taking a break after what I believe is the 5 hour legal time limit is not an option and never will be with the way our clinic operates now. The work is also non stop so I don’t get a chance to take myself off to use the washroom, eat a snack etc. Is this considered acceptable here? It is only a small Dr-owned clinic with three staff.
Thanks in advance.
https://www.ontario.ca/document/indu...-professionals
https://www.labour.gov.on.ca/english...qs/general.php
Last edited by Siouxie; Sep 12th 2018 at 2:43 am.
#3
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Re: Ontario employment law
Thank you Siouxie. I think I can infer from those helpful links that I should be getting a break but as the prospect of taking a break is impossible, I’m guessing my answer is to like it or lump it. I’d be interested to know if other doctor’s offices operate in this way though.
#4
Joined: Sep 2008
Posts: 12,830
Re: Ontario employment law
Thank you Siouxie. I think I can infer from those helpful links that I should be getting a break but as the prospect of taking a break is impossible, I’m guessing my answer is to like it or lump it. I’d be interested to know if other doctor’s offices operate in this way though.
It does not matter what the business type is. An employee must also be able to use a washroom as needed.
I guess the options are talk to labour standards or talk to your employer and discuss the issue.
#5
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Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Re: Ontario employment law
Thank you Siouxie. I think I can infer from those helpful links that I should be getting a break but as the prospect of taking a break is impossible, I’m guessing my answer is to like it or lump it. I’d be interested to know if other doctor’s offices operate in this way though.
Your employers do not have a choice - you do. Either tell them that you need to be able to take 2 x 15m / 1 x 30m PLUS washroom breaks or put up with it. It's not your problem how the employers manage it. If there are other staff there (not receptionist) they can attend the desk if someone comes to it and tell them you will return shortly if you have gone to the bathroom - and the phone can have a message placed on it (as MY doctors office does) telling people that the phones are not manned between 12.30 to 1pm or whatever.
#6
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Joined: Dec 2017
Location: Hamilton, Ontario
Posts: 357
Re: Ontario employment law
Or let patients know that the phone will simply not be manned for 2 x 15 minute periods each day.
I manage a 24h office and the guy that works overnights is on his own 11pm-4.30am so when he takes a break the work just has to stop for half an hour because I obviously can't pay anyone to come in for 30 mins at 2am!
I manage a 24h office and the guy that works overnights is on his own 11pm-4.30am so when he takes a break the work just has to stop for half an hour because I obviously can't pay anyone to come in for 30 mins at 2am!
#7
Re: Ontario employment law
I am sometimes asked to stay after my 5 hour shift, depending on how long I stay I either take the madatory 30 minute break or add a half hour to my shift so I still gat paid it. (If I stay 8 hrs I will take a break but if it's 6 I bugger off home). Due to the nature of the business it's almost always impossible for staff to take breaks during the 5 hours I am generally there. It'll only get worse with the minimum wage increase coming in October - mind you, with the predicted price increases we might not have any customers any way.
#8
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Re: Ontario employment law
Or let patients know that the phone will simply not be manned for 2 x 15 minute periods each day.
I manage a 24h office and the guy that works overnights is on his own 11pm-4.30am so when he takes a break the work just has to stop for half an hour because I obviously can't pay anyone to come in for 30 mins at 2am!
I manage a 24h office and the guy that works overnights is on his own 11pm-4.30am so when he takes a break the work just has to stop for half an hour because I obviously can't pay anyone to come in for 30 mins at 2am!
So little work to do overnight in a hotel though, mostly just admin stuff, paperwork, will get 8 hours to do maybe 2 hours of actual work.
#9
Joined: Sep 2008
Posts: 12,830
Re: Ontario employment law
They can't, nor can the employee opt to take a paid 30 mins or shorten the break. It is mandatory on the employer and the employee. We went through this with the ESB and were told in no uncertain terms if we did not ensure the employees took a full 30 mins, we were liable.
#10
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Location: SW Ontario
Posts: 19,879
Re: Ontario employment law
I am sometimes asked to stay after my 5 hour shift, depending on how long I stay I either take the madatory 30 minute break or add a half hour to my shift so I still gat paid it. (If I stay 8 hrs I will take a break but if it's 6 I bugger off home). Due to the nature of the business it's almost always impossible for staff to take breaks during the 5 hours I am generally there. It'll only get worse with the minimum wage increase coming in October - mind you, with the predicted price increases we might not have any customers any way.
You and the other staff are still entitled to the mandatory break Piff - and should take it. Don't set a precedent!
#11
Re: Ontario employment law
We always get a break when entitled to it. I just prefer most of the time to let the other go for lunch 1st then go home and get paid that half.
The minimum wage increases we have had already, have seen the cost of living increase, that along with the carbon tax and a poor economy means Red Deer is not a very nice place to be. Minimum wage is increasing a buck forty, quite a big leap. Last increase saw at my place of work, the fruit infused water go up 50 cents, the proteins, salads and wraps all went up 25 cents. We were told the New menu boards with price increases will be out 1st October.
The minimum wage increases we have had already, have seen the cost of living increase, that along with the carbon tax and a poor economy means Red Deer is not a very nice place to be. Minimum wage is increasing a buck forty, quite a big leap. Last increase saw at my place of work, the fruit infused water go up 50 cents, the proteins, salads and wraps all went up 25 cents. We were told the New menu boards with price increases will be out 1st October.
#12
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Joined: Jan 2006
Posts: 0
Re: Ontario employment law
They can't, nor can the employee opt to take a paid 30 mins or shorten the break. It is mandatory on the employer and the employee. We went through this with the ESB and were told in no uncertain terms if we did not ensure the employees took a full 30 mins, we were liable.
"An employee must not work more than five hours in a row without a 30-minute unpaid meal break. An employee who is required to work or be available for work during a meal break must be paid for the meal break."
https://www2.gov.bc.ca/gov/content/e...ct#meal_breaks
Meal breaks
32 (1)An employer must ensure
(a)that no employee works more than 5 consecutive hours without a meal break, and
(b)that each meal break lasts at least a 1/2 hour.
(2)An employer who requires an employee to work or be available for work during a meal break must count the meal break as time worked by the employee.
http://www.bclaws.ca/Recon/document/...3_01#section32
I dont consider it a break if the employee is required to work or be available during the break.
Last edited by scrubbedexpat091; Sep 13th 2018 at 2:49 am.
#13
Re: Ontario employment law
Anonymously report your employer: https://www.labour.gov.on.ca/english/feedback/ It's best in Ontario to stick it to them whenever you can or they push their luck
#14
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Re: Ontario employment law
It’s very tempting to report them but as there are only three of us and one of us is the Dr who owns the clinic, the anonymity part flies out the window a bit! It could make for a very unpleasant working environment. I will try discussing with him but at the moment I honestly can’t see what can change.
#15
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Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Re: Ontario employment law
Perhaps print out the pamphlet (available online) about employment law and breaks and show the doctor / employer - and your co-workers...
It's very simple. Does the doctor work without a break for 10 hours? Nope. They have a set lunch / time that they don't see patients. You arrange to take a 30m break during that period every day and the phone message says 'the phones / dr.'s office is closed between 12:30 and 1:00pm" - or whatever time - and the 'desk' is also unmanned with a sign that the office is closed until xyz time.
Quite honestly, this is pretty much the case for all the doctors and specialists I have to see! My GP closes one afternoon a week on top of that (so they can do clerical / referrals etc., although she does see people by special appointment regardless). A friend works at the hospital and she also shuts down the phones and front desk at a specific time each day for her 30m lunch break - there is nobody to cover it.
It's very simple. Does the doctor work without a break for 10 hours? Nope. They have a set lunch / time that they don't see patients. You arrange to take a 30m break during that period every day and the phone message says 'the phones / dr.'s office is closed between 12:30 and 1:00pm" - or whatever time - and the 'desk' is also unmanned with a sign that the office is closed until xyz time.
Quite honestly, this is pretty much the case for all the doctors and specialists I have to see! My GP closes one afternoon a week on top of that (so they can do clerical / referrals etc., although she does see people by special appointment regardless). A friend works at the hospital and she also shuts down the phones and front desk at a specific time each day for her 30m lunch break - there is nobody to cover it.