According to the UNA Provincial Collective Agreement, the Employer must pay out accumulated overtime hours at the end of the fiscal year (which usually falls on March 31) unless there is mutual agreement with the Employee to carry over those hours to the following year. If an Employee formally requests to carry over accumulated overtime hours, the Employer cannot unreasonably deny that request.
If an Employee can demonstrate that they have attempted to take Time Off in Lieu (TOIL) using overtime hours, but had their request denied, the Employer cannot deny a request to carry over those hours into the next year.
Article 8.01 (c) of the UNA Provincial Collective Agreement states:
Overtime may be accumulated and taken in time off at a mutually acceptable time at the applicable premium rate. Time off not taken by March 31 in any given year shall be paid out unless otherwise mutually agreed. Such request to carry over lieu time shall be submitted by the Employee in writing prior to March 31, and shall not be unreasonably denied.
Visit the Spotlight webpage to download a poster of this UNA Spotlight on your Collective Agreement.