This is a clear reminder that you are legally entitled to a rest period during your duty day if it is planned or scheduled to go over 5 hours. Under the Canada Labour Code, you must receive a 30 minute break for every 5 consecutive hours of work/being on duty. This break can be split into two 15 minute periods, if needed. This is not an optional rest period. This is the legal minimum standard and applies to all federally regulated workers, including you. This is based on your duty period and not flying time, if you are on duty for 5+ hours, you are to receive a 30 minute break, if you are on duty for 10+ hours you are to receive two 30 minute breaks, again this can be broken down into 15 minute intervals.
The only time your break can be delayed or cancelled is in the case of an unexpected situation that poses a serious risk to:
- Passenger or crew safety,
- The aircraft or equipment, or
- Normal flight operations.
If your break is impacted for one of these reasons, please submit an OBR and report the incident to the Union through this link. Please also submit a copy of the OBR and any and all replies from the Company so the Union can monitor inconsistencies and have them addressed in a timely fashion.
Management has not provided clear guidance on how to implement these breaks during your duty period, but that does not take away your right to them. The Union’s position is clear: you can, and should, take your legally entitled breaks.
As the Union previously reported to you, we attempted to engage the Company and encouraged them multiple times to ensure that break periods would be understood and regulated onboard. Our strong suggestion was to add it to the briefing, have the company publicly acknowledge it, reach out to crew to seek clarity on the issues with getting breaks and share this dialogue with the Union so a resolve could be found. To date, and since the last discussions, this has not been the practise seen.
The company itself has stated that they “go beyond the legal requirement of a 30 minute unpaid break by choosing to pay cabin crew for their time”. Let there be no confusion, if you are required to be available during your break for emergency situations the employer must pay you, if you are required to be contactable and available to them during your break, you are to be paid for that break. Service Directors/Leads are responsible for helping to coordinate crew breaks, according to the Company, but they’ve received no clear direction from management on how to do so.
The Company needs to acknowledge your rights, acknowledge their responsibility, and must not leave this to create confusion and anxiety on board.
Fatigue is real. Breaks aren’t just a legal right, they’re essential for your health, well-being, and safety on the job in your safety critical role. If you are denied a break or pressured not to take one, document the incident and notify us here.
Bottom line, this is a minimum standard that must be recognized and you can not be told you are not allowed.
The company plans the crew complement, duty days and service, meaning they have full control on the customer “impact” and break periods. Take your break, report the issues and let’s hope Air Canada and Air Canada Rouge will move forward with a clear directive to stop the confusion and inaccurate statements on how, when and where breaks can and will take place.
The Union will move forward with a complaint based on YOUR feedback to the issue. Please reach out by replying to this email if you have any questions, or go to your Local Union office. Otherwise, please report break violations through the link provided.
Stay informed. Stay empowered. Take your breaks.
In solidarity,
