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How many hours are required from switching from night shift…

Customer Question
How many hours are...

How many hours are required from switching from night shift to day shift and visa-versa?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Canada

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We're a federal company in rail industry.

Submitted: 10 months ago.Category: Canada Law
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Answered in 1 minute by:
10/2/2017
Lawyer: Debra, Lawyer replied 10 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,017
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 10 months ago

I am sorry to hear that it sounds like you may be in a difficult situation.

Are you asking about how many hours off you are required to receive?

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Customer reply replied 10 months ago
Federally (Canada), how many hours are required off from switching from nightshift to dayshift or visa-versa?
Lawyer: Debra, Lawyer replied 10 months ago

Under the Canada Labour Code you are not to work for more than 8 hours in any 24 hour period.

This can be changed if the Ministry of Labour agrees.

Does that answer your question?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 10 months ago
No, this doesn’t answer my question at all. I’m not asking about hours in a day.
Lawyer: Debra, Lawyer replied 10 months ago

But the answer to your question is based on the hours in a day.

You are asking about how many hours have to be in between the two shifts when you are changing shifts. And that depends on how many hours you've worked. So if you have an 8 hour shift at night. They cannot put you on days until you have 16 hours off. That is because you cannot have more than 8 hours in every 24 hour period.

So you see what I mean now?

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Customer reply replied 10 months ago
Something that I left out is that we are under transport Canada’s hours of service for transportation cycle 1 max 14 hour of on duty per day with 10 hours rest and 36 hour reset after accumulating 70 hours of on duty time per 7 days.
Lawyer: Debra, Lawyer replied 10 months ago

Then that is different because there is an agreement with the Ministry because of the requirements of your industry.

So what this means is that you cannot be required to work more than 14 hours (not 8).

So if you are on a 14 hour shift you get 10 hours before the next shift.

If your shift is shorter then can add in another shift but the total still cannot go beyond 14 hours and then you get the 10 hour rest.

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Lawyer: Debra, Lawyer replied 10 months ago

Is there anything more I can help you with at this point in time?

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