Overtime

In most positions, the standard work week is 48 hours after which the employee is eligible for time and one-half their regular rate of pay. Certain industries have exemptions to the standard work week. Please refer to the Standard Work Week Exemption Order.  

  • An employee can choose to accumulate or “bank” overtime hours to be taken later as paid time off if:
    1. the employee requests such compensation in writing and the employer agrees to the request;  and
    2. the paid time off is taken by the employee within three months of the work week in which the overtime was earned. 

It is the employer’s responsibility to keep complete and accurate records of any overtime that is accumulated and is used up by the employee.

  • An employee, under the written agreement, must receive 1.5 hours of paid time off for each hour of overtime accumulated. Most employees on PEI are subject to overtime pay if they work more than 48 hours in any week.
This information is meant to serve as a guide only.  The reader is strongly advised to consult the Employment Standards Act to view the legislation.  Where any difference exists between this information and the Act, the Act will be considered correct.
Published date: 
May 26, 2023
Workforce, Advanced Learning and Population

General Inquiries

Labour and Industrial Relations
161 St. Peters Road
PO Box 2000
Charlottetown, PE C1A 7N8
Phone: 902-368-5550
Toll-free: 1-800-333-4362
Fax: 902-368-5476

hawalsh@gov.pe.ca