Overtime is any time that an employee works beyond their regular hours of work. An employer must pay their employee an hourly rate that is 1.5 times their regular wage rate for any overtime worked.

If an employer and employee have a collective agreement or written agreement, the employer can offer the employee banked time off with pay instead of paying them overtime.

The amount of time off given must be at least 1.5 times the overtime that the employee worked.

• The employer must provide this time off within three months after the pay period in which the overtime occurred.

• If the employee does not take this time off, the employer must pay them for the banked time at their regular wage rate.

An employer cannot force an employee to work overtime unless there is an emergency situation.

An emergency is a situation where prompt action is required to avoid:

• harm to an individual's health,

• a threat to an individual's safety, or

• serious interference with the ordinary operation of the employer's business.

Manitoba Employment Standards Code s.17-19