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1.01 The purpose of this Agreement is to maintain harmonious
and mutually beneficial relationships between the Employer, the employees and
the Institute, to set forth certain terms and conditions of employment relating
to remuneration, hours of work, employee benefits and general working conditions
affecting employees covered by this Agreement.
1.02 The parties to this Agreement share a desire to improve
the quality of the Public Service of Canada, to maintain professional standards
and to promote the well-being and increased efficiency of its employees to the
end that the people of Canada will be well and effectively served. Accordingly,
they are determined to establish within the framework provided by law, an
effective working relationship at all levels of the Public Service in which
members of the bargaining unit are employed.
2.01 For the purpose of this Agreement:
"bargaining unit" means the employees of the
Employer in the group described in Article 26 - Recognition (« unité de
négociation »);
**
"common-law partner" refers to a person living in a
conjugal relationship with an employee for a continuous period of at least one
year (« conjoint de fait »);
"continuous employment" has the same meaning as specified in the Public
Service Terms and Conditions of Employment Regulations on the date of
signing of this agreement (« emploi continu »);
"daily rate of pay" means an employee's weekly
rate of pay divided by five (5) (« taux de rémunération journalier »);
"day of rest" in relation to an employee means a
day, other than a designated paid holiday, on which that employee is not
ordinarily required to perform duties other than by reason of the employee being
on leave (« jour de repos »);
"designated paid holiday" means the twenty-four
(24) hour period commencing at 00:01 hour of a day designated as a holiday in
this Agreement (« jour férié désigné payé »);
"double time" means two (2) times the employee's
hourly rate of pay (« tarif double »);
"employee" means a person so defined by the Public Service
Staff Relations Act and who is a member of the bargaining unit (« employé
»);
"Employer" means Her Majesty in right of Canada as
represented by the Treasury Board, and includes any person authorized to
exercise the authority of the Treasury Board (« Employeur »);
"headquarters area" has the same meaning as given
to the expression in the Travel Policy (« région du lieu d'affectation »);
"hourly rate of pay" means a full-time employee's
weekly rate of pay divided by thirty-seven and one-half (37 1/2) (« taux de
rémunération horaire »);
"Institute" means the Professional Institute of
the Public Service of Canada (« Institut »);
"lay-off" means the termination of an employee's
employment because of lack of work or because of the discontinuance of a
function (« licenciement »);
"leave" means authorized absence from duty («
congé »);
"membership dues" means the dues established
pursuant to the by-laws and regulations of the Institute as the dues payable by
its members as a consequence of their membership in the Institute, and shall not
include any initiation fee, insurance premium, or special levy (« cotisations
syndicales »);
"overtime" means work required by the Employer, to
be performed by the employee in excess of the employee's daily hours of work («
heures supplémentaires »);
**
"spouse" will, when required, be interpreted to
include common-law partner except, for the purposes of the Foreign Service
Directives, the definition of spouse will remain as specified in Directive 2 of
the Foreign Service Directives (« époux »);
"time and one-half" means one and one half (1 1/2) times the
employee's hourly rate of pay (« tarif et demi »);
"weekly rate of pay" means an employee's annual
rate of pay divided by 52.176 (« taux de rémunération hebdomadaire »).
2.02 Except as otherwise provided in this Agreement,
expressions used in this Agreement,
(a) if defined in the Public Service Staff Relations Act, have the same
meaning as given to them in the Public Service Staff Relations Act,
and
(b) if defined in the Interpretation Act, but not defined in the Public
Service Staff Relations Act, have the same meaning as given to them in the Interpretation
Act.
3.01 Both the English and French texts of this Agreement
shall be official.
4.01 The provisions of this Agreement apply to the
Institute, employees and the Employer.
4.02 In this Agreement, words importing the masculine gender
shall include the feminine gender.
5.01 All the functions, rights, powers and authority which
the Employer has not specifically abridged, delegated or modified by this
Agreement are recognized by the Institute as being retained by the Employer.
6.01 Nothing in this Agreement shall be construed as an
abridgement or restriction of an employee's constitutional rights or of any
right expressly conferred in an Act of the Parliament of Canada.
Preamble
For the purpose of this article: "Publication" shall include, for
example, scientific and professional papers, articles, manuscripts, monographs,
audio and visual products, and computer software.
7.01 The Employer agrees to continue the present practice of
ensuring that employees have ready access to all publications considered
necessary to their work by the Employer.
7.02 The Employer agrees that publications prepared by an
employee, within the scope of the employee's employment, will be retained on
appropriate departmental files for the normal life of such files. The Employer
will not unreasonably withhold permission for publication. At the Employer's
discretion, recognition of authorship will be given where practicable in
departmental publications.
7.03 When an employee acts as a sole or joint author or
editor of a publication, the authorship or editorship shall normally be
acknowledged on such publication.
7.04
(a) The Employer may suggest revisions to a publication and may withhold
approval to publish.
(b) When approval for publication is withheld, the author(s) shall be so
informed in writing of the reasons, if requested by the employee.
(c) Where the Employer wishes to make changes in a publication with which the
author does not agree, the employee shall not be credited publicly if the
employee so requests.
Clauses 8.01 through 8.06 shall not apply to employees on shift work. Clauses
8.07 through 8.21 shall apply only to employees on shift work.
General
8.01 For the purpose of this Article, a week shall consist
of seven (7) consecutive days beginning at 00:01 hours Monday and ending at
24:00 hours Sunday. The day is a twenty-four (24) hour period commencing at
00:01 hours.
Non Shift Work
8.02 The scheduled work week shall be thirty-seven and
one-half (37 1/2) hours and the scheduled work day shall be seven and one-half
(7 1/2) consecutive hours, exclusive of a meal period, between the hours of 7:00
a.m. and 6:00 p.m. The normal work week shall be Monday to Friday inclusive.
Flexible Hours
8.03 Upon request of an employee and the concurrence of the
Employer, an employee may work flexible hours on a daily basis so long as the
daily hours amount to seven and one-half (7 1/2).
Days of Rest
8.04 An employee shall be granted two (2) consecutive days
of rest during each seven (7) day period unless operational requirements do not
so permit.
Monthly Attendance Registers
8.05 Employees will submit monthly attendance registers;
only those hours of overtime and absences need be specified.
Compressed Work Week
8.06 Upon request of an employee and the concurrence of the
Employer, an employee may complete required hours of work in a period of other
than five (5) full days provided that over a period of twenty-eight (28)
calendar days the employee works an average of thirty-seven and one-half (37
1/2) hours per week. As part of the provisions of this clause, attendance
reporting shall be mutually agreed between the employee and the Employer. In
every twenty-eight (28) day period such an employee shall be granted days of
rest on such days as are not scheduled as a normal work day for the employee.
Notwithstanding anything to the contrary contained in this Agreement, the
implementation of any variation in hours shall not result in any additional
overtime work or additional payment by reason only of such variation, nor shall
it be deemed to prohibit the right of the Employer to schedule any hours of work
permitted by the terms of this Agreement.
Shift Work
8.07 "Shift schedule" means the arrangement of
shifts over a given period of time not exceeding two (2) consecutive months and,
where practical, for a minimum period of twenty-eight (28) consecutive days.
8.08 For employees engaged in shift work, the hours of work
shall average thirty-seven and one-half (37 1/2) hours per week over the period
of a shift schedule exclusive of meal periods.
8.09 An employee shall be granted at least two (2)
consecutive and continuous days of rest during each eight (8) calendar day
period unless operational requirements do not permit.
8.10 In computing the hours of work within a shift schedule,
leave and other entitlements will be administered in accordance with the
Memorandum of Agreement, Appendix "B".
8.11 For the purpose of this agreement, when an employee's
shift does not commence and end on the same day, such shift shall be deemed for
all purposes to have been entirely worked:
(a) on the day it commenced where half (1/2) or more of the hours worked fall on
that day;
or
(b) on the day it terminates where more than half (1/2) of the hours worked
fall on that day.
8.12 In the scheduling of shift work the Employer shall
arrange shifts so that:
(a) employees shall rotate through the various shifts in such a manner that the
requirements for working night shifts, evening shifts and weekends will be
shared on an equitable basis by all employees covered by the shift schedule, to
the extent that operational requirements will permit;
(b) an employee's shift shall not be scheduled to commence within fifteen
(15) hours of the completion of the employee's previous shift;
and
(c) employees shall not be scheduled to work less than seven (7) hours nor
more than nine (9) hours in any one shift.
8.13 Every reasonable effort shall be made by the Employer
to consider the wishes of the employees concerned in the arrangement of shifts
within a shift schedule. Therefore:
(a) notwithstanding the provisions of clause 8.12, upon request of at least
two-thirds (2/3) of the employees affected and with the concurrence of the
Employer, shifts may be scheduled that vary from clause 8.12;
(b) notwithstanding anything to the contrary contained in this agreement, the
implementation of any variation in hours under this clause shall not result in
any additional overtime work or additional payment by reason only of such
variation, nor shall it be deemed to prohibit the right of the Employer to
schedule any hours of work permitted by the terms of this agreement.
8.14
(a) In order to help in the consideration of the wishes of the employees
concerned, a provisional shift schedule shall be prepared by the Employer and
shall be posted at least two (2) months in advance.
(b) Provisional and final shift schedules shall indicate the working hours
for each shift. The final shift schedule shall be published at least three (3)
weeks prior to the commencement of the said schedule and every effort shall be
made by the Employer to ensure that scheduled days of rest are not changed.
Where in the opinion of the Employer, briefing of shifts is required, adequate
paid time shall be allotted within the shift schedule.
8.15 Provided it will not result in additional costs to the
Employer, employees at the same office may exchange shifts with the prior
permission of the Employer. Such permission shall not be unreasonably withheld.
Once the exchange has been approved, the work schedule will become the official
shift schedule of the office.
**
8.16
(a) If an employee is given less than seventy-two (72) hours' advance notice
of a change in the employee's shift schedule, the employee will receive
compensation at the rate of time and one half (1 1/2) for work performed on the
first shift changed. Subsequent shifts worked on the changed schedule shall be
paid for at straight time and every effort shall be made by the Employer to
ensure that scheduled days of rest on the changed schedule are maintained.
(b) Notwithstanding 8.16(a),
(i) when a change in a shift schedule is required and the employee agrees
it is to the employee's benefit to change the shift schedule, the employee
shall be compensated at the straight-time rate for work performed in the first
shift changed;
and
(ii) when an employee requests and the Employer agrees to change the
employee's shift schedule, the employee shall be paid at the straight-time
rate for work performed on the first shift of the revised shift schedule.
8.17 A meal period shall be scheduled as close to the
mid-point of the shift as possible. In the event that an employee is required by
the Employer to work through the meal period, such employee will be paid for the
meal period, at the applicable rate.
8.18 Employees will submit monthly attendance records; only
absences and hours of overtime need be specified.
Shift Premium
**
8.19 An employee working a regularly scheduled shift will
receive a shift premium of two dollars ($2) per hour for each hour worked,
including overtime hours, between 1600 and 0800.
Weekend Premium
**
8.20 This clause does not apply to the MT Group.
Employees shall receive an additional weekend premium of two dollars ($2) for
all scheduled hours worked at straight-time hourly rates on Saturday and/or
Sunday.
**
8.21 This clause applies to the MT Group.
(a) Subject to the conditions of this clause, where the Employer has a seven (7)
day week operation with rotating shifts on a continuing and annual basis, an
employee working in such an operation shall receive a premium of two dollars
($2) per hour for all regularly scheduled hours at straight-time rates worked on
Saturday and/or Sunday plus shift premium if applicable.
(b) An employee will be eligible to receive such a premium only if rotating
shift schedules applicable to him recurrently designate all days in the week as
regular working days. However, the foregoing shall not apply in cases where an
employee requests to work on Saturday and/or Sunday under other than such a
rotating shift schedule.
9.01 When an employee is required by the Employer to work
overtime, the employee shall be compensated as follows:
(a) on the employee's normal work day, at the rate of time and one-half (1 1/2)
for the first seven and one-half (7 1/2) hours of overtime worked and at the
rate of double (2) time for all hours of overtime in any contiguous period in
excess of the first seven and one-half (7 1/2) hours;
(b) on the employee's first day of rest, at the rate of time and one-half (1
1/2) for the first seven and one-half (7 1/2) hours of overtime worked and at
the double (2) time rate for each contiguous hour thereafter;
(c) on the employee's second or subsequent day of rest,
(i) at the basis of double (2) time for each hour of overtime worked.
Second or subsequent day of rest means the second or subsequent day in an
unbroken series of consecutive and contiguous calendar days of rest;
(ii) notwithstanding paragraph (b) and sub-paragraph (c)(i) above, if, in
an unbroken series of consecutive and contiguous calendar days of rest, the
Employer permits the employee to work the required overtime on a day of rest
requested by the employee, then the compensation shall be at time and one-half
(1 1/2) for the first day worked.
**
9.02 This clause does not apply to MT Shift Workers:
When an employee is required to work on a designated holiday, compensation
shall be granted on the basis of time and one-half (1 1/2) for each hour worked,
in addition to the compensation that the employee would have been granted had
the employee not worked on the designated holiday.
The compensation that the employee would have been granted had the employee
not worked on a designated paid holiday is seven and one half (7 1/2) hours
remunerated at straight-time.
9.03 When an employee works on a holiday, contiguous to a
second day of rest on which the employee also worked and received overtime in
accordance with paragraph 9.01(c), the employee shall be paid in addition to the
pay that the employee would have been granted had the employee not worked on the
holiday, two (2) times the employee's hourly rate of pay for all time worked.
9.04 All calculations for overtime shall be based on each
completed period of fifteen (15) minutes.
9.05 Except in cases of emergency, call-back, stand-by or
mutual agreement the Employer shall whenever possible give at least twelve (12)
hours' notice of any requirement for the performance of overtime.
9.06 Upon application by the employee and at the discretion
of the Employer, compensation earned under this Article may be taken in the form
of compensatory leave, which will be calculated at the applicable premium rate
laid down in this Article. Compensatory leave earned in a fiscal year and
outstanding on September 30 of the next following fiscal year shall be paid at
the employee's daily rate of pay on September 30.
9.07 When a payment is being made as a result of the
application of this Article, the Employer will endeavour to make such payment
within six (6) weeks following the end of the pay period for which the employee
requests payment, or, if payment is required to liquidate compensatory leave
outstanding at the expiry of the fiscal year, the Employer will endeavour to
make such payment within six (6) weeks of the commencement of the first pay
period after September 30 of the next following fiscal year.
**
9.08
(a) An employee who works three (3) or more hours of overtime immediately
before or immediately following the employee's scheduled hours of work shall be
reimbursed for one meal in the amount of ten dollars and fifty cents ($10.50),
except where free meals are provided. Reasonable time with pay to be determined
by the Employer shall be allowed the employee in order to take a meal either at
or adjacent to the employee's place of work.
(b) When an employee works overtime continuously extending four (4) hours or
more beyond the period provided in (a) above, the employee shall be reimbursed
for one additional meal in the amount of ten dollars and fifty cents ($10.50)
except where free meals are provided. Reasonable time with pay, to be determined
by the Employer, shall be allowed the employee in order that the employee may
take a meal break either at or adjacent to the employee's place of work.
(c) Paragraphs 9.08(a) and (b) shall not apply to an employee who is in
travel status which entitles the employee to claim expenses for lodging and/or
meals.
10.01 If an employee is called back to work:
(a) on a designated paid holiday which is not the employee's scheduled day of
work,
or
(b) on the employee's day of rest,
or
(c) after the employee has completed the employee's work for the day and has
left the employee's place of work,
and returns to work, the employee shall be paid the greater of:
(i) the minimum of three (3) hours' pay at the applicable overtime rate of
pay for each call-back to a maximum of eight (8) hours' pay in an eight
(8)-hour period,
or
(ii) compensation at the applicable rate of overtime compensation for time
worked,
provided that the period worked by the employee is not contiguous to the
employee's normal hours of work.
10.02 Upon application by the employee and at the discretion
of the Employer, compensation earned under this Article may be taken in the form
of compensatory leave, which will be calculated at the applicable premium rate
laid down in this Article. Compensatory leave earned in a fiscal year and
outstanding on September 30 of the next following fiscal year shall be paid at
the employee's daily rate of pay on September 30.
10.03 When a payment is being made as a result of the
application of this Article, the Employer will endeavour to make such payment
within six (6) weeks following the end of the pay period for which the employee
requests payment, or, if payment is required to liquidate compensatory leave
outstanding at the expiry of the fiscal year, the Employer will endeavour to
make such payment within six (6) weeks of the commencement of the first pay
period after September 30 of the next following fiscal year.
10.04 Payments provided under Overtime, Reporting Pay and
Standby provisions of this agreement shall not be pyramided, that is an employee
shall not receive more than one compensation for the same service.
11.01 When the Employer requires an employee to be available
on standby during off-duty hours the employee shall be compensated at the rate
of one-half (1/2) hour for each four (4) hour period or portion thereof for
which the employee has been designated as being on standby duty.
11.02 An employee on standby who is called in to work by the
Employer and who reports for work shall be compensated in accordance with
Article 10 - Call-Back.
**
11.03
(a) An employee required to be on standby duty shall be available during the
period of standby at a known telephone number or other telecommunication link
and be able to return for duty as quickly as possible if called.
(b) In areas and in circumstances where the Employer deems that electronic
communication devices are both practicable and efficient, they will be provided
without cost to those employees on standby duty.
11.04 No standby duty payment shall be granted if an
employee is unable to report for duty when required.
11.05 A standby duty roster and schedule may be established
at locations when, in the opinion of the Employer, it is warranted by operating
conditions.
11.06 At the Employer's discretion, compensation for standby
may be given by granting equivalent time off in lieu of a cash payment. If such
time off cannot be granted within the quarter in which it is earned then cash
payment will be made.
Clauses 12.01 through 12.06 do not apply to MT employees working Shift Work.
12.01 Subject to clause 12.02, the following days shall be
designated paid holidays for employees:
(a) New Year's Day,
(b) Good Friday,
(c) Easter Monday,
(d) the day fixed by proclamation of the Governor in Council for celebration
of the Sovereign's birthday,
(e) Canada Day,
(f) Labour Day,
(g) the day fixed by proclamation of the Governor in Council as a general day
of Thanksgiving,
(h) Remembrance Day,
(i) Christmas Day,
(j) Boxing Day,
(k) one additional day in each year that, in the opinion of the Employer, is
recognized to be a provincial or civic holiday in the area in which the employee
is employed or in any area where, in the opinion of the Employer, no such day is
recognized as a provincial or civic holiday, the first Monday in August,
and
(l) one additional day when proclaimed by an Act of Parliament as a national
holiday.
12.02 An employee absent without pay on both the employee's
full working day immediately preceding and the employee's full working day
immediately following a designated paid holiday, is not entitled to pay for the
holiday, except in the case of an employee who is granted leave without pay
under the provisions of Article 31, Leave for Staff Relations Matters.
Designated Paid Holiday Falling on a Day of Rest
12.03 When a day designated as a paid holiday under clause
12.01 coincides with an employee's day of rest, the holiday shall be moved to
the employee's first normal working day following the employee's day of rest.
12.04 When a day designated as a paid holiday for an
employee is moved to another day under the provisions of clause 12.03:
(a) work performed by an employee on the day from which the holiday was moved
shall be considered as work performed on a day of rest,
and
(b) work performed by an employee on the day to which the holiday was moved,
shall be considered as work performed on a holiday.
Compensation for Work on a Paid Holiday
12.05 Compensation for work on a paid holiday will be in
accordance with Article 9.
Designated Paid Holiday Coinciding with a Day of Paid Leave
12.06 Where a day that is a designated paid holiday for an
employee coincides with a day of leave with pay or is moved as a result of the
application of clause 12.03, the designated paid holiday shall not count as a
day of leave.
Clauses 12.07 through 12.11 apply only to MT employees working shift work.
12.07 Subject to clause 12.08, the following days shall be
designated paid holidays for employees:
(a) New Year's Day,
(b) Good Friday,
(c) Easter Sunday,
(d) the day fixed by proclamation of the Governor in Council for celebration
of the Sovereign's Birthday,
(e) Canada Day,
(f) Labour Day,
(g) the day fixed by proclamation of the Governor in Council as a general day
of Thanksgiving,
(h) Remembrance Day,
(i) Christmas Day,
(j) Boxing Day,
(k) one additional day in each year that, in the opinion of the Employer, is
recognized to be a provincial or civic holiday in the area in which the employee
is employed or in any area where, in the opinion of the Employer, no such day is
recognized as a provincial or civic holiday, the first Monday in August,
and
(l) one additional day when proclaimed by an Act of Parliament as a national
holiday.
12.08 Clause 12.07 does not apply to an employee who is
absent without pay on both the working day immediately preceding and the working
day following the designated paid holiday, except in the case of an employee who
is granted leave without pay under the provisions of Article 31.
12.09 For the purpose of this Article "lieu day"
means a paid day of leave at another date in lieu of a designated paid holiday.
Lieu Days
12.10
(a) An employee who has completed six (6) months of continuous employment
shall be credited:
(i) at the beginning of each fiscal year "lieu days" equivalent
in number to the number of designated paid holidays in that fiscal year;
or
(ii) at the time the employee becomes subject to clause 8.08, "lieu
days" equivalent in number to the number of designated paid holidays
remaining in that fiscal year.
(b) "Lieu days" shall be taken at times that are agreeable to the
Employer and the employee.
(c) Any "lieu days" granted in advance of holidays occurring after
the date of an employee's separation or after the employee ceases to be subject
to clause 8.08 shall be subject to recovery of pay.
(d) "Lieu days" earned in a fiscal year and outstanding at the end
of the fiscal year shall be paid in cash at the employee's hourly rate of pay as
calculated from the classification prescribed for the employee's substantive
position on March 31.
Holiday Falling on a Day of Rest
12.11 When a day designated as a paid holiday coincides with
a day of rest, the employee shall be granted on another date a lieu day pursuant
to clause 12.10 in lieu of the designated paid holiday.
Compensation for Work on a Paid Holiday
12.12 When an employee works on a holiday, the employee
shall receive compensation on the basis of:
(a) one and one-half (1 1/2) times the straight-time hourly rate for the first
shift worked by the employee on the holiday and at the rate of double (2) time
thereafter;
(b) double (2) time for all hours worked on a holiday which is also the
employee's scheduled day of rest.
Work on a Lieu Day
12.13 Subject to paragraph 8.16(a):
When an employee is required to work on a scheduled "lieu day", the
employee shall be compensated at the employee's hourly rate of pay for all
regular hours worked and the "lieu day" credit shall be reinstated for
use at a later date.
13.01 When the Employer requires an employee to travel
outside the employee's headquarters area for the purpose of performing duties,
the employee shall be compensated in the following manner:
(a) on a normal working day on which the employee travels but does not work, the
employee shall receive the employee's regular pay for the day;
(b) on a normal working day on which the employee travels and works, the
employee shall be paid:
(i) the employee's regular pay for the day for a combined period of travel
and work not exceeding seven and one-half (7 1/2) hours,
and
(ii) at the applicable overtime rate for additional travel time in excess
of a seven and one-half (7 1/2) hour period of work and travel, with a maximum
payment for such additional travel time not to exceed twelve (12) hours pay at
the straight-time rate in any day;
(c) on a day of rest or on a designated paid holiday, the employee shall be paid
at the applicable overtime rate for hours travelled to a maximum of twelve (12)
hours pay at the straight-time rate.
13.02 For the purpose of clause 13.01, the travelling time
for which an employee shall be compensated is as follows:
(a) for travel by public transportation, the time between the scheduled time of
departure and the time of arrival at a destination, including the normal travel
time to the point of departure, as determined by the Employer;
(b) for travel by private means of transportation, the normal time as
determined by the Employer, to proceed from the employee's place of residence or
work place, as applicable, direct to the destination and, upon return, direct
back to the employee's residence or work place;
(c) in the event that an alternative time of departure and/or means of travel
is requested by the employee, the Employer may authorize such alternative
arrangements in which case compensation for travelling time shall not exceed
that which would have been payable under the Employer's original determination.
13.03 All calculations for travelling time shall be based on
each completed period of fifteen (15) minutes.
13.04 Upon application by the employee and at the discretion
of the Employer, compensation earned under this Article may be taken in the form
of compensatory leave, which will be calculated at the applicable premium rate
laid down in this Article. Compensatory leave earned in a fiscal year and
outstanding on September 30 of the next following fiscal year shall be paid at
the employee's daily rate of pay on September 30.
13.05 When a payment is being made as a result of the
application of this Article, the Employer will endeavour to make such payment
within six (6) weeks following the end of the pay period for which the employee
requests payment, or, if payment is required to liquidate compensatory leave
outstanding at the expiry of the fiscal year, the Employer will endeavour to
make such payment within six (6) weeks of the commencement of the first pay
period after September 30 of the next following fiscal year.
13.06 This Article does not apply to an employee required to
perform work in any type of transport in which the employee is travelling. In
such circumstances, the employee shall receive pay for actual hours worked in
accordance with the appropriate Article of this agreement, Hours of Work,
Overtime, Designated Paid Holidays.
**
13.07 Travelling time shall include time necessarily spent at
each stop-over en route provided that such stop-over does not include an
overnight stay.
13.08 Compensation under this Article shall not be paid for
travel time to courses, training sessions, conferences and seminars unless so
provided for in the Career Development Article.
**
13.09 Travel Status Leave
(a) An employee who is required to travel outside his or her headquarters
area on government business, as these expressions are defined by the Employer,
and is away from his permanent residence for forty (40) nights during a fiscal
year shall be granted seven decimal five (7.5) hours off with pay. The employee
shall be credited with an additional seven decimal five (7.5) hours off for each
additional 20 nights that the employee is away from his or her permanent
residence to a maximum of 80 nights.
(b) The maximum number of hours off earned under this clause shall not exceed
thirty-seven decimal five (37.5) hours in a fiscal year and shall accumulate as
compensatory leave with pay.
(c) This leave with pay is deemed to be compensatory leave and is subject to
paragraph 9.06.
The provisions of this clause do not apply when the employee travels in
connection with courses, training sessions, professional conferences and
seminars.
14.01 When the employment of an employee who has been
granted more vacation, furlough or sick leave with pay than the employee has
earned is terminated by death or lay-off, the employee is considered to have
earned the amount of leave with pay granted.
14.02 An employee is entitled, once in each fiscal year, to
be informed, upon request, of the balance of the employee's vacation, furlough
or sick leave with pay credits.
14.03 The amount of leave with pay credited to an employee
by the Employer at the time when this Agreement is signed, or at the time when
the employee becomes subject to this Agreement, shall be retained by the
employee.
14.04 An employee who, on the day that this Agreement is
signed, is entitled to receive furlough leave, that is to say, five (5) weeks'
leave with pay upon completing twenty (20) years of continuous employment,
retains the employee's entitlement to furlough leave subject to the conditions
respecting the granting of such leave that are in force on the day that this
Agreement is signed.
14.05 An employee shall not be granted two (2) different
types of leave with pay in respect of the same period of time.
14.06 An Employee is not entitled to leave with pay during
periods the employee is on leave without pay, on educational leave or under
suspension.
**
14.07 Except as otherwise specified in this Agreement, where
leave without pay for a period in excess of three (3) months is granted to an
employee for reasons other than illness, the total period of leave granted shall
be deducted from "continuous employment" for the purpose of
calculating severance pay and "service" for the purpose of calculating
vacation leave. Time spent on such leave which is for a period of more than
three (3) months shall not be counted for pay increment purposes.
**
14.08 Leave credits will be earned on a basis of a day being
equal to seven and one half (7 1/2) hours.
**
14.09 When leave is granted, it will be granted on an hourly
basis and the hours debited for each day of leave shall be the same as the hours
the employee would normally have been scheduled to work on that day, except for
Bereavement Leave With Pay where a day is a calendar day.
**
14.10
(a) When an employee becomes subject to this Agreement, the employee's earned
daily leave credits shall be converted into hours on the basis of one day being
equal to seven and one half (7 1/2) hours.
(b) When an employee ceases to be subject to this Agreement, the employee's
earned hourly leave credits shall be converted into days on the basis of seven
and one half (7 1/2) hours being equal to one day.
15.01 The vacation year shall be from April 1st
to March 31st, inclusive.
Accumulation of Vacation Leave Credits
15.02 An employee shall earn vacation leave credits for each
calendar month during which the employee receives pay for at least seventy-five
(75) hours at the following rate:
(a) nine decimal three seven five (9.375) hours until the month in which the
employee's eighth (8th) anniversary of service occurs;
(b) twelve decimal five (12.5) hours commencing with the month in which the
employee's eighth (8th) anniversary of service occurs;
**
(c) thirteen decimal seventy-five (13.75) hours commencing with the month in
which his sixteenth (16th) anniversary of service occurs;
(d) fourteen decimal three seven five (14.375) hours commencing with the
month in which the employee's seventeenth (17th) anniversary of
service occurs;
(e) fifteen decimal six two five (15.625) hours commencing with the month in
which the employee's eighteen (18th) anniversary of service occurs;
**
(f) sixteen decimal eight seven five (16.875) hours commencing with the month in
which the employee's twenty-seventh (27th) anniversary of service
occurs;
**
(g) eighteen decimal seven five (18.75) hours per month commencing with the
month in which the employee's twenty-eight (28th) anniversary of
service occurs;
(h) However, an employee who is entitled to or who has received furlough
leave shall have the vacation leave credits earned under this Article, reduced
by three decimal one two five (3.125) hours per month from the beginning of the
month in which the employee completes the employee's twentieth (20th)
year of continuous employment until the beginning of the month in which the
employee completes the employee's twenty-fifth (25th) year of
continuous employment.
15.03 For the purpose of clause 15.02 only, all service
within the Public Service, whether continuous or discontinuous, shall count
toward vacation leave except where a person who, on leaving the Public Service,
takes or has taken severance pay. However, the above exception shall not apply
to an employee who receives severance pay on lay-off and is reappointed to the
Public Service within one (1) year following the date of lay-off.
Entitlement to Vacation Leave With Pay
15.04 An employee is entitled to vacation leave with pay to
the extent of earned credits but an employee who has completed six (6) months of
continuous employment may receive an advance of credits equivalent to the
anticipated credits for the vacation year.
Provision for Vacation Leave
15.05 In order to maintain operational requirements, the
Employer reserves the right to schedule an employee's vacation leave but shall
make every reasonable effort:
(a) to provide an employee's vacation leave in an amount and at such time as
the employee may request;
(b) not to recall an employee to duty after the employee has proceeded on
vacation leave.
15.06 This clause applies to MT employees engaged in shift
work only:
For those MT employees engaged in shift work under clauses 8.08 and 8.15,
upon request of the employee and at the discretion of the Employer, the Employer
may grant an employee vacation leave when specified by the employee if:
(a) the period of vacation leave requested is less than forty (40) hours and
the employee gives the Employer at least ten (10) days' notice;
(b) the period of vacation leave requested is forty (40) hours or more, the
employee shall normally give the Employer at least seven (7) days' advance
notice prior to the publishing of the final shift schedule as provided for in
paragraph 8.14(b).
Upon request of the employee, the Employer may, for good and sufficient
reason, grant vacation leave on shorter notice than provided for in this clause.
Replacement of Vacation Leave
15.07 Where, in respect of any period of vacation leave, an
employee:
(a) is granted bereavement leave,
or
(b) is granted special leave with pay because of illness in the immediate
family,
or
(c) is granted sick leave on production of a medical certificate,
the period of vacation leave so displaced shall either be added to the
vacation period if requested by the employee and approved by the Employer or
reinstated for use at a later date.
Carry-Over Provision
15.08
(a) Where in any vacation year all of the vacation leave credits to an
employee has not been scheduled, the employee may carry over into the following
vacation year up to a maximum of two hundred and sixty-two decimal five (262.5)
hours credit. All vacation leave credits in excess of two hundred and sixty-two
decimal five (262.5) hours will be paid in cash at the employee's daily rate of
pay as calculated from the classification prescribed in the employee's
certificate of appointment of the employee's substantive position on the last
day of the vacation year.
(b) During any vacation year, upon application by the employee and at the
discretion of the Employer, earned but unused vacation leave credits in excess
of one hundred and twelve decimal five (112.5) hours may be paid in cash at the
employee's daily rate of pay as calculated from the classification prescribed in
the employee's certificate of appointment of the employee's substantive position
on March 31st, of the previous vacation year.
Recall From Vacation Leave
15.09 Where, during any period of vacation leave, an
employee is recalled to duty, the employee shall be reimbursed for reasonable
expenses, as normally defined by the Employer, incurred:
(a) in proceeding to the employee's place of duty,
and
(b) in returning to the place from which the employee was recalled if the
employee immediately resumes vacation upon completing the assignment for which
the employee was recalled, after submitting such accounts as are normally
required by the Employer.
15.10 The employee shall not be considered as being on
vacation leave during any period in respect of which the employee is entitled
under clause 15.09 to be reimbursed for reasonable expenses incurred by the
employee.
Cancellation of Vacation Leave
15.11 When the Employer cancels or alters a period of
vacation or furlough leave which it has previously approved in writing, the
Employer shall reimburse the employee for the non-returnable portion of vacation
contracts and reservations made by the employee in respect of that period,
subject to the presentation of such documentation as the Employer may require.
The employee must make every reasonable attempt to mitigate any losses incurred
and will provide proof of such action, when available, to the Employer.
Advance Payments
15.12 The Employer agrees to issue advance payments of
estimated net salary for vacation periods of two (2) or more complete weeks,
providing a written request for such advance payment is received from the
employee at least six (6) weeks prior to the last pay before the employee's
vacation period commences, and providing the employee has been authorized to
proceed on vacation leave for the period concerned. Pay in advance of going on
vacation shall be made prior to departure. Any overpayment in respect of such
pay advances shall be an immediate first charge against any subsequent pay
entitlement and shall be recovered in full prior to any further payment of
salary.
Leave When Employment Terminates
15.13 When an employee dies or otherwise ceases to be
employed, the employee or the employee's estate shall be paid an amount equal to
the product obtained by multiplying the number of days of earned but unused
vacation and furlough leave with pay by the daily rate of pay as calculated for
the classification of the employee's substantive position on the date of the
termination of employment.
Vacation Leave Credits for Severance Pay
15.14 Where the employee requests, the Employer shall grant
the employee unused vacation leave credits prior to termination of employment if
this will enable the employee, for purposes of severance pay, to complete the
first (1st) year of continuous employment in the case of lay-off, and
the tenth (10th) year of continuous employment in the case of
resignation.
Abandonment
15.15 Notwithstanding clause 15.13, an employee whose
employment is terminated by reason of a declaration that the employee abandoned
the employee's position is entitled to receive the payment referred to in clause
15.13 if the employee requests it within six (6) months following the date upon
which the employee's employment is terminated.
Recovery on Termination
15.16 In the event of the termination of employment for
reasons other than death or lay-off the Employer shall recover from any monies
owed the employee, an amount equivalent to unearned vacation leave taken by the
employee, calculated on the basis of the rate of pay applicable to the
classification of the employee's substantive position on the date of
termination.
**
15.17 Appointment to a Separate Employer
Notwithstanding clause 15.13, an employee who resigns to accept an
appointment with an organization listed in Part II of Schedule I of the Public
Service Staff Relations Act may choose not to be paid for unused vacation
and furlough leave credits, provided that the appointing organization will
accept such credits.
**
15.18 Appointment from a Separate Employer
The Employer agrees to accept the unused vacation and furlough leave credits
up to a maximum of two-hundred and sixty-two decimal five (262.5) hours of an
employee who resigns from an organization listed in Part II of Schedule I of the
Public Service Staff Relations Act in order to take a position with the
Employer if the transferring employee is eligible and has chosen to have these
credits transferred.
Credits
**
16.01
(a) An employee shall earn sick leave credits at the rate of nine decimal
three seven five (9.375) hours for each calendar month for which the employee
receives pay for at least seventy-five (75) hours.
(b) A shift worker shall earn additional sick leave credits at the rate of
one decimal twenty-five (1.25) hours for each calendar month during which he
works shifts and receives pay for at least seventy-five (75) hours. Such credits
shall not be carried over in the next fiscal year and are available only if the
employee has already used one hundred and twelve decimal five (112.5) hours sick
leave credits during the current fiscal year.
16.02 An employee shall be granted sick leave with pay when
the employee is unable to perform the employee's duties because of illness or
injury provided that:
(a) the employee satisfies the Employer of this condition in such a manner
and at such a time as may be determined by the Employer,
and
(b) the employee has the necessary sick leave credits.
16.03 Unless otherwise informed by the Employer, a statement
signed by the employee stating that because of illness or injury the employee
was unable to perform the employee's duties shall, when delivered to the
Employer, be considered as meeting the requirements of paragraph 16.02(a).
16.04 An employee shall not be granted sick leave with pay
during any period in which the employee is on leave of absence without pay, or
under suspension.
16.05 When an employee is granted sick leave with pay and
injury-on-duty leave is subsequently approved for the same period, it shall be
considered for the purpose of the record of sick leave credits that the employee
was not granted sick leave with pay.
16.06 Where an employee has insufficient or no credits to
cover the granting of sick leave with pay under the provision of clause 16.02,
sick leave with pay may, at the discretion of the Employer, be granted to an
employee for a period of up to twenty-five (25) days, subject to the deduction
of such advanced leave from any sick leave credits subsequently earned and, in
the event of termination of employment for other than death or lay-off, the
recovery of the advance from any monies owed the employee.
16.07 Sick leave credits earned but unused by an employee
during a previous period of employment in the Public Service shall be restored
to an employee whose employment was terminated by reason of lay-off and who is
reappointed in the Public Service within two (2) years from the date of lay-off.
16.08 An employee shall not be terminated for cause for
reason of incapacity pursuant to Section 11(2)(g) of the Financial
Administration Act at a date earlier than the date at which the employee
will have used his accumulated sick leave credits, except where the incapacity
is the result of an injury or illness for which injury-on-duty leave has been
granted pursuant to clause 17.16.
In respect to applications for leave made pursuant to this Article, the
employee may be required to provide satisfactory validation of the circumstances
necessitating such requests.
**
For the purpose of this clause, immediate family is defined as father, mother
(or alternatively stepfather, stepmother or foster parent), brother, sister,
spouse (including common-law partner resident with the employee), child
(including child of common-law partner), stepchild or ward of the employee,
father-in-law, mother-in-law, grandchild, grandparent and relative permanently
residing in the employee's household or with whom the employee permanently
resides.
(a) When a member of the immediate family dies, an employee:
(i) shall be entitled to a bereavement period of five (5) consecutive
calendar days which must include the day of the funeral. During such period,
the employee shall be paid for those days which are not regularly scheduled
days of rest for that employee;
(ii) in addition, the employee may be granted up to three (3) days' leave
with pay for the purpose of travel related to the death.
(b) An employee is entitled to up to one (1) day's bereavement leave with pay
for the purpose related to the death of the employee's son-in-law,
daughter-in-law, brother-in-law or sister-in-law.
(c) It is recognized by the parties that the circumstances which call for
leave in respect of bereavement are based on individual circumstances. On
request, the Deputy Head of a department may, after considering the particular
circumstances involved, grant leave with pay for a period greater or in a manner
other than that provided for in sub-paragraph 17.02(a)(i) and paragraph
17.02(b).
(d) If, during a period of paid leave, an employee is bereaved in
circumstances under which the employee would have been eligible for bereavement
leave under this clause, the employee shall be granted bereavement leave and the
employee's paid leave credits shall be restored to the extent of any concurrent
bereavement leave granted.
(A)
(1) An employee who becomes pregnant shall, upon request, be granted
maternity leave without pay for a period beginning before, on or after the
termination date of pregnancy and ending not later than seventeen (17) weeks
after the termination date of pregnancy.
(a) Notwithstanding sub-clause 17.03(A)(1) above:
(i) where the employee's new-born child is hospitalized within the
period defined in sub-clause 17.03(A)(1) above;
and
(ii) where the employee has proceeded on maternity leave without pay
and then, upon request and with the concurrence of the Employer, returns
to work for all or part of the period during which her new-born child is
hospitalized;
the period of maternity leave without pay defined in sub-clause
17.03(A)(1) above may be extended beyond the date falling seventeen (17)
weeks after the date of termination of pregnancy by a period equal to that
portion of the period of the child's hospitalization during which the
employee returned to work, to a maximum of seventeen (17) weeks.
(b) The extension described in sub-clause 17.03(A)(1)(a) above shall end
not later than fifty-two (52) weeks after the termination date of pregnancy.
(2) At its discretion, the Employer may require an employee to submit a
medical certificate certifying pregnancy.
(3) An employee who has not commenced maternity leave without pay may elect
to:
(a) use earned vacation and compensatory leave credits up to and beyond the
date that her pregnancy terminates;
(b) use her sick leave credits up to and beyond the date that her pregnancy
terminates, subject to the provisions set out in the Sick Leave With Pay
Article. For purposes of this clause, illness or injury as defined in the Sick
Leave Article shall include medical disability related to pregnancy.
(B) An employee shall inform the Employer in writing of her plans for taking
leave with and without pay to cover her absence from work due to the pregnancy
at least four (4) weeks in advance of the initial date of continuous leave of
absence during which termination of pregnancy is expected to occur.
(C) Leave granted under this clause shall be counted for the calculation of
continuous employment for the purpose of calculating severance pay and service
for the purpose of calculating vacation leave. Time spent on such leave shall be
counted for pay increment purposes.
(a) An employee who has been granted maternity leave without pay shall be
paid a maternity allowance in accordance with the terms of the Supplemental
Unemployment Benefit (SUB) Plan described in paragraph (c) to (i), provided that
she:
(i) has completed six (6) months of continuous employment before the
commencement of her maternity leave without pay,
(ii) provides the Employer with proof that she has applied for and is in
receipt of pregnancy benefits pursuant to Section 22 of the Employment
Insurance Act in respect of insurable employment with the Employer,
and
(iii) has signed an agreement with the Employer stating that:
(A) she will return to work on the expiry date of her maternity leave
without pay unless the return to work date is modified by the approval of
another form of leave;
(B) following her return to work, as described in section (A), she will
work for a period equal to the period she was in receipt of the maternity
allowance;
(C) should she fail to return to work in accordance with section (A), or
should she return to work but fail to work for the total period specified in
section (B), for reasons other than death, lay-off, early termination due to
lack of work or discontinuance of a function of a specified period of
employment that would have been sufficient to meet the obligations specified
in section (B), or having become disabled as defined in the Public
Service Superannuation Act, she will be indebted to the Employer for an
amount determined as follows:
|
(allowance received)
|
X
|
(remaining period to be worked
following her return to work)
|
| |
|
[total period to be worked
as specified in (B)]
|
however, an employee whose specified period of employment expired and who
is rehired by the same department within a period of five (5) days or less
is not indebted for the amount if her new period of employment is sufficient
to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with
pay shall count as time worked. Periods of leave without pay during the
employee's return to work will not be counted as time worked but shall interrupt
the period referred to in section (a)(iii)(B), without activating the recovery
provisions described in section (a)(iii)(C).
(c) Maternity allowance payments made in accordance with the SUB Plan will
consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks
before receiving Employment Insurance pregnancy benefits, ninety-three per
cent (93%) of her weekly rate of pay and the recruitment and retention
"terminable allowance" for each week of the waiting period, less any
other monies earned during this period,
and
(ii) for each week that the employee receives a pregnancy benefit pursuant
to Section 22 of the Employment Insurance Act, the difference between
the gross weekly amount of the Employment Insurance pregnancy benefit she is
eligible to receive and ninety-three per cent (93%) of her weekly rate of pay
and the recruitment and retention "terminable allowance", less any
other monies earned during this period which may result in a decrease in
Employment Insurance benefits to which she would have been eligible if no
extra monies had been earned during this period.
(d) At the employee's request, the payment referred to in subparagraph
17.04(c)(i) will be estimated and advanced to the employee. Adjustments will be
made once the employee provides proof of receipt of Employment Insurance
pregnancy benefits.
(e) The maternity allowance to which an employee is entitled is limited to
that provided in paragraph (c) and an employee will not be reimbursed for any
amount that she may be required to repay pursuant to the Employment
Insurance Act.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day
immediately preceding the commencement of maternity leave without pay,
(ii) for an employee who has been employed on a part-time or on a combined
full-time and part-time basis during the six (6) month period preceding the
commencement of maternity leave, the rate obtained by multiplying the weekly
rate of pay in subparagraph (i) by the fraction obtained by dividing the
employee's straight time earnings by the straight time earnings the employee
would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate and
the recruitment and retention "terminable allowance" to which the
employee is entitled for her substantive level to which she is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on
the day immediately preceding the commencement of maternity leave without pay an
employee has been on an acting assignment for at least four (4) months, the
weekly rate shall be the rate and the recruitment and retention "terminable
allowance" she was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision
while in receipt of the maternity allowance, the allowance shall be adjusted
accordingly.
(j) Maternity allowance payments made under the SUB Plan will neither reduce
nor increase an employee's deferred remuneration or severance pay.
(A) An employee who:
(1) fails to satisfy the eligibility requirement specified in sub-clause
17.04(A)(2) solely because a concurrent entitlement to benefits under the
Disability Insurance (DI) Plan, the Long-term Disability (LTD) Insurance
portion of the Public Service Management Insurance Plan (PSMIP) or the Government
Employees Compensation Act prevents her from receiving EI maternity
benefits;
and
(2) has satisfied all of the other eligibility criteria specified in
sub-clause 17.04(A) except sub-clauses 17.04(A)(2) and (3);
shall be paid, in respect of each week of maternity allowance not received
for the reason described in sub-clause 17.05(A)(1), the difference between
ninety-three per cent (93%) of her weekly rate of pay and recruitment and
retention "terminable allowance", and the gross amount of her weekly
disability benefit under the DI Plan, the LTD Plan or via the Government
Employees Compensation Act.
(B) An employee shall be paid an allowance under this clause and under clause
17.04 for a combined period of no more than the number of weeks during which she
would have been eligible for pregnancy benefits pursuant to section 22 of the EI
Act had she not been disqualified from EI maternity benefits for the
reasons described in sub-clause 17.05(A)(1) above.
**
(a) Where an employee has or will have the actual care and custody of a
new-born child (including the new-born child of a common-law partner), the
employee shall, upon request, be granted parental leave without pay for a single
period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week
period beginning on the day on which the child is born or the day on which the
child comes into the employee's care.
(b) Where an employee commences legal proceedings under the laws of a
province to adopt a child or obtains an order under the laws of a province for
the adoption of a child, the employee shall, upon request, be granted parental
leave without pay for a single period of up to thirty-seven (37) consecutive
weeks in the fifty-two week (52) period beginning on the day on which the child
comes into the employee's care.
(c) Notwithstanding paragraphs (a) and (b):
(i) where the employee's child is hospitalized within the period defined in
the above paragraphs, and the employee has not yet proceeded on parental leave
without pay,
or
(ii) where the employee has proceeded on parental leave without pay and
then returns to work for all or part of the period during which his or her
child is hospitalized,
the period of parental leave without pay specified in the original leave request
may be extended by a period equal to that portion of the period of the child's
hospitalization during which the employee was not on parental leave. However,
the extension shall end not later than fifty-two (52) weeks after the day on
which the child comes into the employee's care.
**
(d) An employee who intends to request parental leave without pay shall notify
the Employer at least four (4) weeks in advance of the expected date of the
birth of the employee's child (including the child of a common-law partner), or
the date the child is expected to come into the employee's care pursuant to
paragraphs (a) and (b).
(e) The Employer may:
(i) defer the commencement of parental leave without pay at the request of
the employee;
(ii) grant the employee parental leave without pay with less than four (4)
weeks' notice;
(iii) require an employee to submit a birth certificate or proof of
adoption of the child.
(f) Parental leave without pay taken by a couple employed in the Public Service
shall not exceed a total of thirty-seven (37) weeks for both individuals
combined. For the purpose of this paragraph, Public Service means any portion of
the Public Service of Canada specified in Part I of Schedule I of the Public
Service Staff Relations Act.
(g) Leave granted under this clause shall count for the calculation of
"continuous employment" for the purpose of calculating severance pay
and "service" for the purpose of calculating vacation leave. Time
spent on such leave shall count for pay increment purposes.
(a) An employee who has been granted parental leave without pay, shall be
paid a parental allowance in accordance with the terms of the Supplemental
Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he
or she:
(i) has completed six (6) months of continuous employment before the
commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is
in receipt of parental benefits pursuant to Section 23 of the Employment
Insurance Act in respect of insurable employment with the Employer,
and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her
parental leave without pay, unless the return to work date is modified by
the approval of another form of leave;
(B) Following his or her return to work, as described in section (A), the
employee will work for a period equal to the period the employee was in
receipt of the parental allowance, in addition to the period of time
referred to in section 17.04 (a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section
(A) or should he or she return to work but fail to work the total period
specified in section (B), for reasons other than death, lay-off, early
termination due to lack of work or discontinuance of a function of a
specified period of employment that would have been sufficient to meet the
obligations specified in section (B), or having become disabled as defined
in the Public Service Superannuation Act, he or she will be
indebted to the Employer for an amount determined as follows:
|
(allowance received)
|
X
|
(remaining period to be worked
following his/her return to work)
|
| |
|
[total period to be worked
as specified in (B)]
|
however, an employee whose specified period of employment expired and who
is rehired by the same department within a period of five (5) days or less
is not indebted for the amount if his or her new period of employment is
sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with
pay shall count as time worked. Periods of leave without pay during the
employee's return to work will not be counted as time worked but shall interrupt
the period referred to in section (a)(iii)(B), without activating the recovery
provisions described in section (a)(iii)(C).
**
(c) Parental Allowance payments made in accordance with the SUB Plan will
consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks
before receiving Employment Insurance parental benefits, ninety-three per cent
(93%) of his/her weekly rate of pay and the recruitment and retention
"terminable allowance", for each week of the waiting period, less
any other monies earned during this period;
(ii) for each week in respect of which the employee receives parental
benefits pursuant to Section 23 of the Employment Insurance Act, the
difference between the gross weekly amount of the Employment Insurance
parental benefits he or she is eligible to receive and ninety-three per cent
(93%) of his or her weekly rate of pay and the recruitment and retention
"terminable allowance", less any other monies earned during this
period which may result in a decrease in Employment Insurance benefits to
which he or she would have been eligible if no extra monies had been earned
during this period;
(d) At the employee's request, the payment referred to in subparagraph
17.07(c)(i) will be estimated and advanced to the employee. Adjustments will be
made once the employee provides proof of receipt of EI parental benefits.
(e) The parental allowance to which an employee is entitled is limited to
that provided in paragraph (c) and an employee will not be reimbursed for any
amount that he or she is required to repay pursuant to the Employment
Insurance Act.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day
immediately preceding the commencement of maternity or parental leave without
pay;
(ii) for an employee who has been employed on a part-time or on a combined
full time and part-time basis during the six (6) month period preceding the
commencement of maternity or parental leave without pay, the rate obtained by
multiplying the weekly rate of pay in subparagraph (i) by the fraction
obtained by dividing the employee's straight time earnings by the straight
time earnings the employee would have earned working full time during such
period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate and
the recruitment and retention "terminable allowance", to which the
employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on
the day immediately preceding the commencement of parental leave without pay an
employee is performing an acting assignment for at least four (4) months, the
weekly rate shall be the rate and the recruitment and retention "terminable
allowance", the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision
while in receipt of parental allowance, the allowance shall be adjusted
accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce
nor increase an employee's deferred remuneration or severance pay.
(A) An employee who:
(1) fails to satisfy the eligibility requirement specified in sub-clause
17.07(A)(2) solely because a concurrent entitlement to benefits under the
Disability Insurance (DI) Plan, the Long-term Disability (LTD) Insurance
portion of the Public Service Management Insurance Plan (PSMIP) or via the Government
Employees Compensation Act prevents the employee from receiving EI
parental benefits;
and
(2) has satisfied all of the other eligibility criteria specified in
sub-clause 17.07(A) except sub-clauses 17.07(A)(2) and (3);
shall be paid, in respect of each week of benefits under the parental
allowance not received for the reason described in sub-clause 17.08(A)(1), the
difference between ninety-three per cent (93%) of the employee's rate of pay and
the recruitment and retention "terminable allowance", and the gross
amount of his or her weekly disability benefit under the DI Plan, the LTD Plan
or via the Government Employees Compensation Act.
(B) An employee shall be paid an allowance under this clause and under clause
17.07 for a combined period of no more than the number of weeks during which the
employee would have been eligible for parental benefits pursuant to section 23
of the EI Act, had the employee not been disqualified from EI parental
benefits for the reasons described in sub-clause 17.08(A)(1) above.
Subject to operational requirements an employee shall be granted leave
without pay for the care and nurturing of the employee's pre-school age children
(including children of common-law partner) in accordance with the following
conditions:
(a) an employee shall notify the Employer in writing as far in advance as
possible but not less than four (4) weeks in advance of the commencement date of
such leave unless such notice cannot be given because of an urgent or
unforeseeable circumstance;
(b) leave granted under this clause shall be for a minimum period of three
(3) weeks;
(c) the total leave granted under this clause shall not exceed five (5) years
during an employee's total period of employment in the Public Service;
(d) leave granted under this clause for a period of more than three (3)
months shall be deducted from the calculation of continuous employment for the
purpose of calculating severance pay and from the calculation of service for the
purpose of calculating vacation leave;
(e) time spent on such leave shall not be counted for pay increment purposes.
Leave without pay will be granted for personal needs, in the following
manner:
(a) Subject to operational requirements, leave without pay for a period of up
to three (3) months will be granted to an employee for personal needs.
(b) Subject to operational requirements, leave without pay of more than three
(3) months but not exceeding one (1) year will be granted to an employee for
personal needs.
(c) An employee is entitled to leave without pay for personal needs only once
under each of (a) and (b) of this clause during the employee's total period of
employment in the Public Service. Leave without pay granted under this clause
may not be used in combination with maternity, parental or adoption leave
without the consent of the Employer.
(d) Leave granted under (a) of this clause shall be counted for the
calculation of "continuous employment" for the purpose of calculating
severance pay and "service" for the purpose of calculating vacation
leave. Time spent on such leave shall be counted for pay increment purposes.
(e) Leave without pay granted under (b) of this clause shall be deducted from
the calculation of "continuous employment" for the purpose of
calculating severance pay and "service" for the purpose of calculating
vacation leave for the employee involved. Time spent on such leave shall not be
counted for pay increment purposes.
(a) At the request of an employee, leave without pay for a period of up to
one (1) year shall be granted to an employee whose spouse is permanently
relocated and up to five (5) years to an employee whose spouse is temporarily
relocated.
(b) Leave without pay granted under this clause shall be deducted from the
calculation of "continuous employment" for the purpose of calculating
severance pay and "service" for the purpose of calculating vacation
leave for the employee involved except where the period of such leave is less
than three (3) months. Time spent on such leave which is for a period of more
than three (3) months shall not be counted for pay increment purposes.
At the discretion of the Employer, an employee may be granted leave without
pay for the long-term personal care of the employee's parents, including
step-parents or foster parents, in accordance with the following conditions:
(a) an employee shall notify the Employer in writing as far in advance as
possible but not less than four (4) weeks in advance of the commencement date of
such leave, unless, because of an urgent or unforeseeable circumstance, such
notice cannot be given;
(b) leave granted under this clause shall be for a minimum period of three
(3) weeks;
(c) the total leave granted under this clause shall not exceed two (2) years
during an employee's total period of employment in the Public Service;
(d) leave granted under this clause for a period of more than three (3)
months shall be deducted from the calculation of "continuous
employment" for the purposes of calculating severance pay and from the
calculation of "service" for the purposes of calculating vacation
leave;
(e) time spent on such leave shall not be counted for pay increment purposes.
**
(a) For the purpose of this clause, family is defined as spouse (or
common-law partner resident with the employee), children (including children of
legal or common-law partner), parents (including step-parents or foster
parents), or any relative permanently residing in the employee's household or
with whom the employee permanently resides.
(b) The Employer shall grant leave with pay under the following
circumstances:
(i) an employee is expected to make every reasonable effort to schedule
medical or dental appointments for family members to minimize or preclude the
employee's absence from work; however, when alternate arrangements are not
possible an employee shall be granted up to seven decimal five (7.5) hours for
a medical or dental appointment when the family member is incapable of
attending the appointment without accompaniment, or for appointments with
appropriate authorities in schools or adoption agencies. An employee
requesting leave under this provision must notify the employee's supervisor of
the appointment as far in advance as possible;
(ii) to provide for the immediate and temporary care of a sick or elderly
member of the employee's family and to provide an employee with time to make
alternate care arrangements where the illness is of a longer duration;
(iii) fifteen (15) hours of leave with pay for needs directly related to
the birth or to the adoption of the employee's child. This leave may be
divided into two (2) periods and granted on separate days;
(iv) This clause does not apply to MT employees:
thirty-seven decimal five (37.5) hours' marriage leave for the purpose of
getting married provided that the employee gives the Employer at least five
(5) days' notice.
**
(c) This clause does not apply to MT employees:
The total leave with pay which may be granted under sub-paragraphs
17.13(b)(i), (ii) and (iii) shall not exceed thirty-seven decimal five (37.5)
hours in a fiscal year.
(d) This clause applies to MT employees only:
The total leave with pay which may be granted under sub-paragraphs
17.13(b)(i), (ii) and (iii) shall not exceed thirty-seven decimal five (37.5)
hours in a fiscal year.
(e) This clause applies to MT employees only:
After the completion of one (1) year's continuous employment in the Public
Service, an employee who gives the Employer at least twenty (20) days notice
shall be granted leave with pay of up to thirty-seven decimal five (37.5) hours,
for the purpose of getting married, provided suitable arrangements can be made
so that the taking of such leave does not interfere with the employee's
professional responsibilities. At the discretion of the Employer and subject to
operational requirements, such leave may be granted with less than twenty (20)
days' notice.
Leave with pay shall be given to every employee, other than an employee
already on leave without pay, on education leave, or under suspension who is
required:
(a) to be available for jury selection;
(b) to serve on a jury;
or
**
(c) by subpoena or summons to attend as a witness in any proceeding, except for
a proceeding in which the employee is a party, held:
(i) in or under the authority of a court of justice or before a grand jury;
(ii) before a court, judge, justice, magistrate or coroner;
(iii) before the Senate or House of Commons of Canada or a committee of the
Senate or House of Commons otherwise than in the performance of the duties of
the employee's position;
(iv) before a legislative council, legislative assembly or house of
assembly, or any committee thereof that is authorized by law to compel the
attendance of witnesses before it;
or
(v) before an arbitrator or umpire or a person or body of persons
authorized by law to make an inquiry and to compel the attendance of witnesses
before it.
Where an employee participates in a personnel selection process, including
the appeal process where applicable, for a position in the Public Service, as
defined in the Public Service Staff Relations Act, the employee is
entitled to leave with pay for the period during which the employee's presence
is required for purposes of the selection process, and for such further period
as the Employer considers reasonable for the employee to travel to and from the
place where the employee's presence is so required. This clause applies equally
in respect of the personnel selection processes related to deployment.
An employee shall be granted injury-on-duty leave with pay for such
reasonable period as may be determined by the Employer where it is determined by
a Provincial Worker's Compensation Board that the employee is unable to perform
the employee's duties because of:
(a) personal injury accidentally received in the performance of the
employee's duties and not caused by the employee's willful misconduct,
(b) sickness resulting from the nature of the employee's employment,
or
(c) exposure to hazardous conditions in the course of the employee's
employment,
if the employee agrees to pay to the Receiver General of Canada any amount
received for loss of wages in settlement of any claim the employee may have in
respect of such injury, sickness or exposure.
Leave with pay to take examinations or defend dissertations may be granted by
the Employer to an employee who is not on education leave. Such leave will be
granted only where, in the opinion of the Employer, the course of study is
directly related to the employee's duties or will improve the employee's
qualifications.
**
(a) Subject to operational requirements as determined by the Employer and
with an advance notice of at least five (5) working days, the employee shall be
granted, in each fiscal year, a single period of up to 7.5 hours of leave with
pay to work as a volunteer for a charitable or community organisation or
activity, other than for activities related to the Government of Canada
Workplace Charitable Campaign.
(b) The leave will be scheduled at a time convenient to both the employee and
the Employer. Nevertheless, the Employer shall make every reasonable effort to
grant the leave at such time as the employee may request.
**
(a) An employee who is pregnant or nursing may, during the period from the
beginning of pregnancy to the end of the twenty-fourth (24th) week
following the birth, request the Employer to modify her job functions or
reassign her to another job if, by reason of the pregnancy or nursing,
continuing any of her current functions may pose a risk to her health or that of
the foetus or child.
(b) An employee's request under paragraph 17.19(a) above must be accompanied
or followed as soon as possible by a medical certificate indicating the expected
duration of the potential risk and the activities or conditions to avoid in
order to eliminate the risk. Dependent upon the particular circumstances of the
request, the Employer may obtain an independent medical opinion.
(c) An employee who has made a request under paragraph 17.19(a) above is
entitled to continue in her current job while the Employer examines her request,
but, if the risk posed by continuing any of her job functions so requires, she
is entitled to be immediately assigned alternative duties until such time as the
Employer:
(i) modifies her job functions or reassigns her,
or
(ii) informs her in writing that it is not reasonably practicable to modify
her job functions or reassign her.
(d) Where reasonably practicable, the Employer shall modify the employee's job
functions or reassign her.
(e) Where the Employer concludes that a modification of job functions or a
reassignment that would avoid the activities or conditions indicated in the
medical certificate is not reasonably practicable, the Employer shall so inform
the employee in writing and shall grant leave of absence without pay to the
employee for the duration of the risk as indicated in the medical certificate.
However, such leave shall end no later than twenty-four (24) weeks after the
birth.
(f) An employee whose job functions have been modified, who has been
reassigned or who is on leave of absence shall give at least two (2) weeks
notice in writing to the Employer of any change in duration of the risk or the
inability as indicated in the original medical certificate, unless there is a
valid reason why that notice cannot be given. Such notice must be accompanied by
a new medical certificate.
**
(a) Up to three decimal seventy-five (3.75) hours of time off with pay will
be granted to pregnant employees for the purpose of attending routine medical
appointments.
(b) Where a series of continuing appointments are necessary for the treatment
of a particular condition relating to the pregnancy, absences shall be charged
to sick leave.
(a) At its discretion, the Employer may grant leave with pay for purposes
other than those specified in this Agreement, including military or civil
defence training, emergencies affecting the community or place of work, and when
circumstances not directly attributable to the employee prevent the employee
reporting for duty.
**
(b) Personal Leave
(i) Subject to operational requirements as determined by the Employer and
with an advance notice of at least five (5) working days, the employee shall
be granted, in each fiscal year, a single period of up to 7.5 hours of leave
with pay for reasons of a personal nature.
(ii) The leave will be scheduled at a time convenient to both the employee
and the Employer. Nevertheless, the Employer shall make every reasonable
effort to grant the leave at such time as the employee may request.
At its discretion, the Employer may grant leave without pay for purposes
other than those specified in this Agreement, including enrolment in the
Canadian Armed Forces and election to a full-time municipal office.
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