1.01 The purpose of this Agreement is to maintain harmonious
and mutually beneficial relationships between the Employer, the employees and
the Union, 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 a high standard in
the operation of air services 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:
**
(a) "Union" means the Canadian Federal Pilots
Association;
**
(b) "bargaining unit" means all the employees of
the Employer in the Aircraft Operations Group, as described in the certificate
issued by the Public Service Staff Relations Board on
January 18, 2001;
(c) "Civil Aviation Inspector" means an employee
in the Civil Aviation Inspectors Sub-Group of the Aircraft Operations Group;
(d) "continuous employment" has the same meaning
as specified in the Public Service Terms and Conditions of Employment
Regulations;
(e) a "common-law spouse" relationship is said to
exist when, for a continuous period of at least one (1) year, an
employee has lived with a person of the opposite sex, publicly represented that
person to be his or her spouse, and lives and intends to continue to live with
that person as if that person were his or her spouse;
(f) "daily rate of pay" means an employee's weekly
rate of pay divided by five (5);
(g) "day of rest" in relation to an employee means
a day other than a Holiday on which that employee is not ordinarily required to
perform the duties of his or her position other than by reason of the employee
being on leave of absence;
(h) "double time" means twice an employee's hourly
rate of pay;
(i) "employee" means a person who is a member of
the bargaining unit;
(j) "Engineering Test Pilot" means an employee in
the Engineering Test Pilots Sub-Group of the Aircraft Operations Group;
(k) "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;
(l) "headquarters area" has the same meaning as
given to the expression in the Treasury Board Travel Directive;
(m) "Helicopter Pilot" means an employee in the
Helicopter Pilots and Supervisors Sub-Group of the Aircraft Operations Group;
(n) "holiday" means the
twenty-four (24) hour period commencing at 00:01 a.m. of a day
designated as a Holiday in this Agreement;
(o) "hourly rate of pay" means an employee's daily
rate of pay divided by seven and one-half (7 1/2);
(p) "lay-off" means the termination of an
employee's employment because of a lack of work or because of the discontinuance
of a function;
(q) "leave" means authorized absence from duty by
an employee during the employee's regular or normal hours of work;
(r) "membership dues" means the dues established
pursuant to the constitution of the Union as the dues payable by its members as
a consequence of their membership in the Union, and shall not include any
initiation fee, insurance premium, or special levy;
(s) "time and one-half" means
one and one-half (1 1/2) times an
employee's hourly rate of pay;
and
(t) "weekly rate of pay" means an employee's
annual rate of pay divided by 52.176.
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 The provisions of this Agreement apply to the Union,
employees and the Employer.
3.02 Throughout this Agreement, words importing the
masculine gender shall include the feminine gender.
**
4.01 The parties agree that, in the event of a dispute
arising out of the interpretation of a clause or Article in this Agreement, such
dispute shall in the first instance be referred to the parties who will meet
within 30 working days and seek to resolve the problem.
5.01 Nothing in this Agreement shall be construed to require
the Employer to do or refrain from doing anything contrary to any
instruction, direction or regulations given or made by or on behalf of the
Government of Canada in the interest of the safety or security of Canada or any
state allied or associated with Canada.
6.01 Both English and French texts of this Agreement shall
be official.
7.01 If any law now in force or enacted during the term of
this Agreement renders null and void any provision of this Agreement, the
remaining provisions shall remain in effect for the term of the Agreement.
**
8.01 The Employer recognizes the Union as the exclusive
bargaining agent for all employees described in the certificate issued by
the Public Service Staff Relations Board on January 18, 2001, covering
all of the employees of the Employer in the Aircraft Operations Group.
8.02 The Employer recognizes that it is a proper function
and a right of the Union to bargain with a view to arriving at a collective
agreement, and the Employer and the Union agree to bargain in good faith, in
accordance with the provisions of the Public Service Staff Relations Act.
9.01 All the functions, rights, powers and authority which
the Employer has not specifically abridged, delegated or modified by this
Agreement are recognized by the Union as being retained by the Employer.
10.01 Nothing in this Agreement shall be construed as an
abridgement or restriction of any employee's constitutional rights or of any
right expressly conferred in an Act of the Parliament of Canada.
11.01 The Employer acknowledges the right of the Union to
appoint or otherwise select employees as representatives.
11.02 The Union and the Employer shall endeavour in
consultation to determine the jurisdiction of each representative, having regard
to the plan of organization, the number and distribution of employees at the
work place and the administrative structure implied by the grievance procedure.
Where the parties are unable to agree in consultation, then any dispute shall be
resolved by the grievance/ adjudication procedure.
11.03 The Union shall notify the Employer in writing of the
name and jurisdiction of its representatives identified pursuant to
clause 11.02.
12.01 A Representative shall obtain the permission of his or
her immediate Supervisor before leaving work to investigate with fellow
employees complaints of an urgent nature, to meet with local management for the
purpose of discussing such complaints or problems directly related to employment
and to attend meetings called by management. The Representative shall report
back to his or her Supervisor, or designee, before resuming normal duties.
**
13.01 The Employer agrees that access to its premises may be
allowed to representatives of the Union for the purpose of interviewing a Union
member.
13.02 Permission to hold such meeting shall in each case be
obtained from the Employer's designated staff relations representative and such
meeting shall not interfere with the operations of the department or section
concerned.
14.01 The Employer agrees to supply the Union each quarter
with the name, geographic location and classification of each new employee.
14.02 The Employer agrees to supply each employee with a
copy of the Collective Agreement.
15.01 The Employer will provide specific bulletin board
space for the use of the Union at suitable locations accessible to employees,
sites to be determined by the Employer and the Union, provided that the use of
such boards by the Union shall be restricted to the posting of information
relating to the business affairs, meetings, social events and reports of various
committees of the Union, and shall contain nothing that is adverse to the
interest of the Employer. Copies of information to be posted shall be supplied
to the Department Head concerned. The Employer shall have the right to refuse
the posting of any information it considers adverse to its interests. The
Employer will make available to the Union specific locations on the premises for
the storage of reasonable quantities of Union literature.
16.01 Public Service Staff Relations Board Hearings
(1) Complaints made to the Public Service Staff Relations Board pursuant to
Section 20 of the Public Service Staff Relations Act
Where operational requirements as determined by the Employer permit, the
Employer will grant leave with pay:
(a) to an employee who makes a complaint on his or her own behalf before
the Public Service Staff Relations Board,
and
(b) to an employee who acts on behalf of an employee making a complaint, or
who acts on behalf of the Union making a complaint.
(2) Applications for Certification, Representations and Interventions with
respect to Applications for Certification
Where operational requirements as determined by the Employer permit, the
Employer will grant leave without pay:
(a) to an employee who represents the Union in an application for
certification or in an intervention,
and
(b) to an employee who makes personal representations with respect to a
certification.
(3) Employee called as a Witness
The Employer will grant:
(a) leave with pay to an employee called as a witness by the Public Service
Staff Relations Board,
and
(b) where operational requirements as determined by the Employer permit,
leave without pay to an employee called as a witness by an employee or the
Union.
16.02 Arbitration Board and Conciliation Board Hearings
(1) Where operational requirements as determined by the Employer permit, the
Employer will grant leave without pay to an employee representing the Union
before an Arbitration Board or Conciliation Board.
(2) Employee called as a Witness
The Employer will grant leave with pay to an employee called as a witness by
an Arbitration Board or Conciliation Board and, where operational requirements
as determined by the Employer permit, leave without pay to an employee called as
a witness by the Union.
16.03 Adjudication
(1) Employee who is a Party
Where operational requirements as determined by the Employer permit, the
Employer will grant leave with pay to an employee who is a party to the
adjudication.
(2) Employee who acts as Representative
Where operational requirements as determined by the Employer permit, the
Employer will grant leave with pay to the representative of an employee who is a
party to the adjudication.
(3) Employee called as a Witness
Where operational requirements as determined by the Employer permit, the
Employer will grant leave without pay to a witness called by an employee who is
a party to the adjudication.
16.04 Meetings During the Grievance Process
(1) Employee presenting Grievance
Where operational requirements as determined by the Employer permit, the
Employer will grant to an employee:
(a) where the Employer originates a meeting with the employee who has
presented the grievance, leave with pay when the meeting is held in the
headquarters area of such employee and "on duty" status when the
meeting is held outside the headquarters area of such employee;
and
(b) where an employee who has presented a grievance seeks to meet with the
Employer, leave with pay to the employee when the meeting is held in the
headquarters area of such employee and leave without pay when the meeting is
held outside the headquarters area of such employee.
(2) Employee who acts as Representative
Where an employee wishes to represent at a meeting with the Employer, an
employee who has presented a grievance, the Employer will, where operational
requirements as determined by the Employer permit, grant leave with pay to the
representative when the meeting is held in the headquarters area of such
employee and leave without pay when the meeting is held outside the headquarters
area of such employee.
(3) Grievance Investigations
Where an employee has asked or is obliged to be represented by the Union in
relation to the presentation of a grievance and an employee acting on behalf of
the Union wishes to discuss the grievance with the employee, the employee and
the representative of the employee will, where operational requirements as
determined by the Employer permit, be given reasonable leave with pay for this
purpose when the discussion takes place in the headquarters area of such
employee and leave without pay when it takes place outside the headquarters area
of such employee.
16.05 Contract Negotiations Meetings
Where operational requirements as determined by the Employer permit, the
Employer will grant leave without pay to an employee for the purpose of
attending contract negotiations meetings on behalf of the Union.
16.06 Preparatory Contract Negotiations Meetings
Where operational requirements as determined by the Employer permit, the
Employer will grant leave without pay to a reasonable number of employees
to attend preparatory contract negotiations meetings.
16.07 Meetings Between the Union and Management
Where operational requirements as determined by the Employer permit, the
Employer will grant leave with pay to a reasonable number of employees who
are meeting with management on behalf of the Union.
16.08 Group Executive Meetings, Union Executive Meetings and Union
Conventions
Where operational requirements as determined by the Employer permit,
the Employer will grant leave without pay to a reasonable number of
employees to attend Group Executive meetings, Union Executive meetings
and Union Conventions.
16.09 Representatives' Training Courses
Where operational requirements as determined by the Employer permit, the
Employer will grant leave without pay to employees who exercise the authority of
a representative on behalf of the Union to undertake training related to the
duties of a representative.
16.10 Determination of Leave Status
Where the status of leave requested cannot be determined until the Public
Service Staff Relations Board or an adjudicator has given a decision, leave
without pay will be granted pending final determination of the appropriate leave
status.
17.01 The Employer will, as a condition of employment,
deduct the equivalent of the amount of membership dues from the monthly pay of
all employees in the bargaining unit.
17.02 The Union shall inform the Employer in writing of the
authorized monthly deduction to be checked off for each employee defined in
clause 17.01.
17.03 For the purpose of applying clause 17.01,
deductions from pay for each employee in respect of each month will start with
the first full month of employment or membership to the extent that earnings are
available. Where an employee does not have sufficient earnings in respect of any
one month to permit deductions, the Employer shall not be obliged to make such
deductions from subsequent salary.
17.04 An employee who satisfies the Employer to the extent
that the employee declares in an affidavit that he or she is a member of a
religious organization whose doctrine prevents him or her as a matter of
conscience from making financial contributions to an employee organization and
that the employee will make contributions to a charitable organization equal to
dues shall not be subject to this Article.
17.05 No employee organization, as defined in Section 2
of the Public Service Staff Relations Act, other than the Union, shall
be permitted to have membership dues and/or other monies deducted by the
Employer from the pay of employees in the bargaining unit.
17.06 The amounts deducted in accordance with
clause 17.01 shall be remitted to the Union by cheque within a reasonable
period of time after deductions are made and shall be accompanied by particulars
identifying each employee and the deductions made on each employee's behalf.
17.07 The Employer agrees to continue the past practice of
making deductions for other purposes on the basis of the production of
appropriate documentation.
17.08 The Union agrees to indemnify and save the Employer
harmless against any claim or liability arising out of the application of this
Article.
**
18.01
(a) The work week of employees shall be thirty seven and one-half
(37 1/2) hours consisting of five (5) consecutive days,
Monday to Friday inclusive, and the normal scheduled hours of work each day
shall be a continuous period of seven and one-half (7 1/2) hours
between the hours of 0700 and 1800 exclusive of an unpaid meal break and shall
be documented between every employee and their manager. Notwithstanding the
above, for shipborne helicopter pilots, the provisions of Article 45 shall
apply.
(b) At the request of the employee, the Employer may vary the daily hours of
work to make provision for a compressed work week.
(c) The Employer may change an employee's normal scheduled hours of work
within 0700 hours and 1800 hours and where less than
twelve (12) working days notice is given such changes shall only be
made by mutual agreement between the employee and the Employer.
(d) The Employer will endeavor to give at least two (2) weeks notice to
helicopter pilots assigned to shipboard operations of sailing dates and times
and anticipated crew change dates, and as much notice as possible of any
revisions to such dates and times.
**
18.02
(a) Flight time and flight duty time limitations for employees will be
governed by the Department of Transport Operations Manual when operating (at the
controls of) Department of Transport aircraft. When operating other than
Department of Transport aircraft, flight time and duty time limitations will be
governed by the policies and provisions of the aircraft operator.
(b) For the purposes of the Article, in-flight inspections are considered to
be flight duty and flight time is considered to include in-flight inspection
time. Flight duty time shall not commence in the event the employee is notified
that a flight is delayed or cancelled prior to departure from the employee's
residence or place of rest if in travel status.
18.03 All employees will submit monthly attendance
registers. Periods of absence and hours of overtime will be specified.
**
18.04 Subject to operational requirements, two (2) fifteen
(15) minute rest periods shall be provided during each work day.
In this Article:
"Overtime" means in the case of a full-time
employee, authorized work performed in excess of the employee's normal scheduled
hours of work.
19.01 When an employee is required to work overtime on a
scheduled work day, the employee shall be compensated on the basis of:
(a) time and one-half (1 1/2) for each hour worked in
excess of thirty-seven and one-half (37 1/2) hours in
any one work week;
and
(b) double-time (2) for all hours worked in excess of
seven and one-half (7 1/2) hours of overtime worked at
time and one-half (1 1/2) within any contiguous period.
**
19.02 When an employee has been required by the Employer to
work overtime on his or her normal day of rest, the employee shall be
compensated on the basis of:
(a) time and one-half (1 1/2) for the first seven and one-half
(7 1/2) hours worked;
and
(b) double-time (2) for all hours worked thereafter within any
contiguous period;
**
(c) except, an employee shall be compensated on the basis of double (2)
time for each hour worked on the second and each subsequent day of rest.
Second or subsequent day of rest means the second or subsequent day in an
unbroken series of consecutive and contiguous calendar days of rest.
19.03 For the purpose of clauses 19.01 and 19.02, all
calculations for overtime shall be based on each completed
one-half (1/2) hour.
19.04
(a) All overtime, premium pay or allowances earned under
Article 19-Overtime, Article 20-Travelling Time,
Article 22-Designated Paid Holidays, Article 43-Callback,
Article 45-Shipboard and Special Assignment Allowance, and
Article 44-Standby, with the exception of the one-hour of compensation
under Article 44(b), shall accumulate as compensatory leave at the
sub-group and level at which it is earned. Such accumulated compensatory leave
shall be held in reserve to be scheduled in leave and/or paid in cash at the
direction of the Employer, or at the request of the employee and the discretion
of the Employer.
(b) Employees shall be paid for each hour of earned but unused compensatory
leave remaining to their credit on March 31st. Such payment is
in lieu of compensatory leave remaining on that date and shall be paid at the
rate of the employee's hourly rate of pay on that date.
(c) Notwithstanding 19.04(a) and (b), a maximum of
ten (10) days earned but unused compensatory leave may be carried
over, at the direction of the Employer, or at the request of an employee and the
discretion of the Employer, beyond March 31st.
**
19.05 An employee who works three (3) or more hours of
overtime immediately before or following his or her scheduled hours of work
shall be reimbursed his or her expenses for one meal in the amount of
ten dollars ($10.00) except when the meal has been provided free to
the employee. Reasonable time with pay, to be determined by management, shall be
allowed the employee in order that he or she may take a meal break either at or
adjacent to his or her place of work.
20.01 Where an employee is required to travel to or from his
or her headquarters area, as normally defined by the Employer, the employee's
method of travel shall be determined by the Employer and 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 his or her regular pay for the day.
(b) On a normal working day on which the employee travels and works, the
employee shall earn:
(i) his or her 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) the applicable overtime rate for additional travel time in excess of
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
12 hours' pay at the applicable overtime 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
12 hours' pay at the applicable overtime rate.
20.02 Should a period of work and travel continue into the
next day, the employee will continue to receive payment at the applicable
rate(s) of pay that would apply if a new day had not commenced.
**
20.03 This Article does not apply to an employee who is
required to operate or travel in any type of transport in the performance of
duties and/or which also serves as his or her living quarters during a tour of
duty. In such circumstances the employee shall be paid in accordance with the
relevant provisions of Articles 18, 19, 22 and 45 of this Agreement.
**
20.04 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 one (1) day off with pay. The employee
shall be credited with an additional one (1) day off for each
additional twenty (20) nights that the employee is away from his or
her permanent residence to a maximum of eighty (80) nights.
(b) The maximum number of days off earned under this clause shall not exceed
five (5) days 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 19.04(a), (b) and (c).
The provisions of this clause do not apply when the employee travels in
connection with courses, training sessions, professional conferences and
seminars.
21.01 Except as provided in this Article, the terms and
conditions governing the application of pay to employees are not affected by
this Agreement.
21.02 An employee is entitled to be paid, for services
rendered, at:
(a) the pay specified in Appendix "A" for the classification
of the position to which the employee is appointed, if the classification
coincides with that prescribed in the employee's certificate of appointment,
or
(b) the pay specified in Appendix "A" for the classification
prescribed in the employee's certificate of appointment, if that
classification and the classification of the position to which the employee is
appointed do not coincide.
**
21.03
(a) The rates of pay set forth in Appendix "A" shall become
effective on the dates specified.
(b) Where the rates of pay set forth in Appendix "A" have an
effective date prior to the date of signing of this Agreement, the following
shall apply:
(i) "retroactive period" for the purpose of
subparagraphs (ii) to (v) means the period from the effective date of the
revision up to and including the day before the collective agreement is signed
or when an arbitral award is rendered therefore;
(ii) a retroactive upward revision in rates of pay shall apply to
employees, former employees or in the case of death, the estates of former
employees who were employees in the group during the retroactive period;
(iii) for initial appointments made during the retroactive period, the rate
of pay selected in the revised rates of pay is the rate which is immediately
below the rate of pay being received prior to the revision;
(iv) for promotions, demotions, deployments, transfers or acting situations
effective during the retroactive period, the rate of pay shall be
recalculated, in accordance with the Public Service Terms and Conditions
of Employment Regulations, using the revised rates of pay. If the
recalculated rate of pay is less than the rate of pay the employee was
previously receiving, the revised rate of pay shall be the rate, which is
nearest to, but not less than the rate of pay being received prior to the
revision. However, where the recalculated rate is at a lower step in the
range, the new rate shall be the rate of pay immediately below the rate of pay
being received prior to the revision;
(v) no payment or no notification shall be made pursuant to
paragraph 21.03(b) for one dollar ($1.00) or less.
21.04 When an employee is required by the Employer to
substantially perform the duties of a higher classification level on an acting
basis for a period of at least four (4) consecutive working days, the
employee shall be paid acting pay calculated from the date on which the employee
commenced to act as if the employee had been appointed to that higher
classification level for the period in which the employee acts.
21.05 If the Employer establishes and implements a new
classification standard which covers this group during the term of this
Agreement, the Employer shall, prior to applying rates of pay to the new levels
resulting from the application of the standard, negotiate with the union the
rates of pay and the rules affecting the pay of employees on their movement to
the new levels.
ARTICLE 22
DESIGNATED PAID HOLIDAYS
22.01 Subject to clause 22.02, 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.
22.02 Clause 22.01 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 16.
Holiday Falling on a Day of Rest
22.03 When a day designated as a paid Holiday under
clause 22.01 coincides with an employee's day of rest, the Holiday shall be
moved to the employee's first scheduled working day following the employee's day
of rest.
22.04 When a day designated as a paid Holiday for an
employee is moved to another day under the provisions of clause 22.03,
(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 Holiday
22.05 Where a Civil Aviation Inspector or an Engineering
Test Pilot or a shore-based Helicopter Pilot works on a Holiday, he or she shall
be paid, in addition to the pay that he or she would have been granted had he or
she not worked on a holiday, compensation for all hours worked by him or her on
the Holiday at one and one-half (1 1/2) times the rate of
his or her hourly remuneration,
or
when a Civil Aviation Inspector or a Engineering Test Pilot or a shore-based
Helicopter Pilot works on a Holiday, which is not his or her scheduled day of
work, but which is consecutive and contiguous to a day of rest on which he or
she also worked and received overtime he or she shall be paid in addition to the
pay that he or she would have been granted had he or she not worked on the
holiday, two (2) times his or her hourly rate of pay for all time
worked.
Holiday Coinciding with a Day of Paid Leave
22.06 Where a day that is a designated Holiday for an
employee falls within a period of leave with pay, the Holiday shall not count as
a day of leave.
23.01 The vacation year shall be from April 1st
to March 31st of the following calendar year, inclusive.
Accumulation of Vacation Leave Credits
**
23.02 An employee shall earn vacation leave credits at the
following rate for each calendar month during which the employee receives pay
for at least ten (10) days:
(a) one and one-quarter (1 1/4) days until the month
in which the anniversary of the employee's eighth (8th) year
of continuous employment occurs;
(b) one and two-thirds (1 2/3) days commencing with
the month in which the employee's eighth (8th) anniversary
of continuous employment occurs;
(c) one and ten-twelfths (1 10/12) days commencing with the
month in which the employee's sixteenth (16th) anniversary of
continuous employment occurs;
(d) one and eleven-twelfths (1 11/12) days commencing with the
month in which the employee's seventeen (17th) anniversary of
continuous employment occurs;
(e) two and one-twelfth (2 1/12) days commencing
with the month in which the employee's eighteenth (18th) anniversary
of continuous employment occurs;
(f) two and three-twelfths (2 3/12) days commencing with the month
in which the employee's twenty-seventh (27th) anniversary
of continuous employment occurs;
(g) two and one-half (2 1/2) days per month commencing with the
month in which the employee's twenty-eighth (28th) anniversary
of continuous employment occurs.
Scheduling of Vacation Leave
23.03 In scheduling vacation leave with pay to an employee
the Employer shall, subject to the operational requirements of the service as
determined by the Employer, make every reasonable effort:
(a) not to recall an employee to duty after the employee has proceeded on
vacation leave;
(b) to schedule the employee's vacation leave during the vacation year in
which it is earned, if so requested by the employee not later than June 1;
(c) to comply with any request made by an employee before January 31
that the employee be permitted to use in the following fiscal year any period of
vacation leave of four (4) days or more earned by the employee in the
current year;
(d) to schedule the employee vacation leave for at least
two (2) consecutive weeks if so requested by the employee not later
than June 1;
(e) to schedule the employee's vacation leave on any other basis requested
by the employee if the employee makes his or her request not later than
June 1;
(f) to schedule an employee vacation leave when specified by the
employee if:
(i) the period of vacation leave requested is less than a week,
and
(ii) the employee gives the Employer at least two (2) days'
advance notice for each day of vacation leave requested.
23.04 The Employer may for good and sufficient reason grant
vacation leave on shorter notice than that provided for in clause 23.03.
23.05 An employee earns but is not entitled to receive
vacation leave with pay during the employee's first six (6) months of
continuous employment.
23.06 Where, in respect of any period of vacation leave, an
employee:
(a) is granted bereavement leave,
or
(b) is granted leave with pay because of illness in the
immediate family,
or
(c) is granted sick leave on production of a medical certificate, which
includes the name, address and phone number of the attending physician, and
provided that the employee satisfies the Employer of this condition if deemed
necessary by the Employer,
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.
23.07 Carry-Over of Vacation Leave
(a) Where in any vacation year all of the vacation leave credited to an
employee has not been scheduled, the employee may carry over into the following
vacation year up to a maximum of twenty-five (25) days credits. All
vacation leave credits in excess of twenty-five (25) days 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 fifteen (15) days 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
23.08 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, that the employee incurs:
(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.
23.09 The employee shall not be considered as being on
vacation leave during any period in respect of which the employee is entitled
under clause 23.08 to be reimbursed for reasonable expenses incurred by him
or her.
Leave when Employment Terminates
23.10 Where an employee dies or otherwise terminates
employment after a period of continuous employment of not more than
six (6) months, the employee or the employee's estate shall be paid an
amount equal to the earned but unused vacation leave.
23.11 Subject to 23.12, where an employee dies or
voluntarily terminates employment or is terminated from employment after a
period of continuous employment of more than six (6) months, the
employee or the employee's estate shall, in lieu of earned but unused vacation
leave, be paid an amount equal to the product obtained by multiplying the number
of days of earned but unused vacation leave by the daily rate of pay applicable
to the employee immediately prior to the termination of employment.
23.12 Notwithstanding clause 23.11, an employee whose
employment is terminated for cause pursuant to Section 11(2)(g) of the Financial
Administration Act by reason of abandonment of his or her position is
entitled to receive the payment referred to in clause 23.11 if the employee
requests it within six (6) months following the date upon which
employment is terminated.
23.13 Advance Payments
(a) The Employer agrees to issue advance payments of estimated net
salary or vacation periods of two (2) or more complete weeks, provided
a written request for such advance payment is received from the employee at
least six (6) weeks prior to the last day before the employee's
vacation period commences.
(b) When an employee takes one (1) or more complete weeks of
compensatory leave in conjunction with the vacation leave under clause (a),
the Employer agrees to issue advance payments of estimated net salary for the
complete weeks in the combined period of compensatory and vacation leave,
provided a written request for such advance payment is received from the
employee at least six (6) weeks prior to the last day before the employee's
period of leave commences. The provisions of clause (a) will apply to the
complete weeks in the combined period of vacation and compensatory leave.
(c) Providing the employee has been authorized to proceed on the leave under
clause (a) or (b), pay in advance of going on such leave shall be made
prior to departure. Any overpayment in respect of such pay advances shall be an
immediate first charge against any subsequent pay entitlements and shall be
recovered in full prior to any further payment of salary.
Cancellation of Vacation Leave
23.14 When the Employer cancels or alters a period of
vacation 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 to the Employer.
Credits
24.01 An employee shall earn sick leave credits at the rate
of one and one-quarter (1 1/4) days for each calendar
month for which the employee receives pay for at least ten (10) days.
24.02 An employee shall be granted sick leave with pay when
the employee is unable to perform his or her duties because of illness or injury
provided that:
(a) he or she satisfies the Employer of this condition in such a manner and
at such a time as may be determined by the Employer,
and
(b) he or she has the necessary sick leave credits.
24.03 Unless otherwise informed by the Employer, a statement
signed by the employee describing the nature of illness or injury and stating
that because of this illness or injury the employee was unable to perform his or
her duties shall, when delivered to the Employer, be considered as meeting the
requirements of clause 24.02(a):
(a) if the period of leave does not exceed five (5) days,
and
(b) if, in the current fiscal year, the employee has not been granted more
than ten (10) days' sick leave wholly on the basis of statements
signed by him or her.
24.04 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.
24.05 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.
24.06 Where an employee has insufficient or no credits to
cover the granting of sick leave with pay under the provisions of
clause 24.02, sick leave with pay may, at the discretion of the Employer,
be granted:
(a) for a period of up to twenty-five (25) days if the employee is
awaiting a decision on an application for injury-on-duty leave,
or
(b) for a period of up to fifteen (15) days if the employee has not
submitted an application for injury-on-duty leave,
subject to the deduction of such advanced leave from any sick leave credits
subsequently earned.
25.01 In respect of any requests for leave under this
Article, the employee, when required by the Employer, must provide satisfactory
validation of the circumstances necessitating such requests, in such manner and
at such time as may be determined by the Employer and confirmed in writing.
**
25.02 Bereavement Leave With Pay
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 spouse resident with the employee), child
(including child of common-law spouse), stepchild or ward of the employee,
grandparent, father-in-law, mother-in-law, grandchild and relative permanently
residing in the employee's household or with whom the employee permanently
resides.
(a) When a member of the employee's immediate family dies, an employee shall
be entitled to a bereavement period of four (4) 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. 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 up to one (1) day's bereavement leave
with pay for the purpose related to the death of the employee's grandparent,
grandchild, 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 than that
provided for in sub-clauses 25.02(a) and (b).
25.03 Court Leave with Pay
The Employer shall grant leave with pay to an employee for the period of time
the employee 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
one to which an employee is a party and otherwise than in the performance of the
duties of his or her position, 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 a Senate or House of Commons of Canada, or a committee of the
Senate or House of Commons,
(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.
25.04 Personnel Selection Leave With Pay
Where an employee participates as a candidate in a personnel selection
process for a position in the Public Service, as defined in the Public
Service Staff Relations Act, the employee is entitled to leave of absence
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. Remuneration in these circumstances shall be
limited to regular salary.
25.05 Injury-on-Duty Leave With Pay
An employee shall be granted injury-on-duty leave with pay for such
reasonable period as may be determined by the Employer when a claim has been
made pursuant to the Government Employees' Compensation Act, and a
Workers' Compensation authority has notified the Employer that it has certified
that the employee is unable to work because of:
(a) personal injury received in the performance of the employee's duties and
not caused by willful misconduct,
or
(b) an industrial illness or a disease arising out of and in the course of
the employee's employment,
if the employee agrees to remit to the Receiver General for Canada any amount
received by the employee in compensation for loss of pay resulting from or in
respect of such injury, illness or disease providing, however, that such amount
does not stem from a personal disability policy for which the employee or the
employee's agent has paid the premium.
25.06 Examination Leave With Pay
Leave of absence with pay to write examinations may be granted by the
Employer to an employee. 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.
25.07 Maternity Leave without Pay
(a) 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.
(b) Notwithstanding paragraph (a):
(i) where the employee has not yet proceeded on maternity leave without pay
and her newborn child is hospitalized,
or
(ii) where the employee has proceeded on maternity leave without pay and
then returns to work for all or part of the period during which her newborn
child is hospitalized,
the period of maternity leave without pay defined in paragraph (a) 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 was not on maternity
leave, to a maximum of seventeen (17) weeks.
(c) The extension described in paragraph (b) shall end not later than
fifty-two (52) weeks after the termination date of pregnancy.
(d) The Employer may require an employee to submit a medical certificate
certifying pregnancy.
(e) An employee who has not commenced maternity leave without pay may elect
to:
(i) use earned vacation and compensatory leave credits up to and beyond the
date that her pregnancy terminates;
(ii) use her sick leave credits up to and beyond the date that her
pregnancy terminates, subject to the provisions set out in Article 24,
Sick Leave With Pay. For purposes of this subparagraph, the terms
"illness" or "injury" used in Article 24, Sick Leave
With Pay, shall include medical disability related to pregnancy.
(f) 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
unless there is a valid reason why the notice cannot be given.
(g) 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.
25.08 Maternity Allowance
(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 (j),
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 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 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 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 25.08(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 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 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.
25.09 Special Maternity Allowance for Totally Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in
subparagraph 25.08(a)(ii) 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 Employment Insurance pregnancy benefits,
and
(ii) has satisfied all of the other eligibility criteria specified in
paragraph 25.08(a), other than those specified in sections (A) and
(B) of subparagraph 25.08(a)(iii),
shall be paid, in respect of each week of maternity allowance not received
for the reason described in subparagraph (i), the difference
between ninety-three per cent (93%) of her weekly rate of pay 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 25.08 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 Employment Insurance Act had she not been
disqualified from Employment Insurance pregnancy benefits for the reasons
described in subparagraph (a)(i).
**
25.10 Transitional Provisions
If, on the date of signature of this Agreement, an employee is currently on
maternity leave without pay or has requested a period of maternity leave but has
not commenced the leave, she shall upon request be entitled to the provisions of
this Article. Any application must be received before the termination date of
the leave period originally requested.
25.11 Parental Leave Without Pay
**
(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 spouse), 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
spouse), 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.
25.12 Parental Allowance
(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 (j),
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 25.08(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 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 for each week of the waiting period, less any other monies
earned during this period;
(ii) other than as provided in subparagraph (iii) below, 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
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;
(iii) where the employee becomes entitled to an extension of parental
benefits pursuant to Subsection 12(7) of the Employment Insurance Act,
the parental allowance payable under the SUB Plan described in
subparagraph (ii) will be extended by the number of weeks of extended
benefits which the employee receives under Subsection 12(7) of the EI Act.
(d) At the employee's request, the payment referred to in
subparagraph 25.12(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 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 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.
25.13 Special Parental Allowance for Totally Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in
subparagraph 25.12(a)(ii) 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 Employment Insurance parental
benefits,
and
(ii) has satisfied all of the other eligibility criteria specified in
paragraph 25.12(a), other than those specified in sections (A) and
(B) of subparagraph 25.12(a)(iii),
shall be paid, in respect of each week of benefits under the parental
allowance not received for the reason described in subparagraph (i), the
difference between ninety-three per cent (93%) of the employee's
rate of pay 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 25.12 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 Employment Insurance Act, had the
employee not been disqualified from Employment Insurance parental benefits for
the reasons described in subparagraph (a)(i).
**
25.14 Transitional Provisions
If, on the date of signature of this Agreement, an employee is currently on
parental leave without pay or has requested a period of such leave without pay
but has not commenced the leave, he or she shall upon request be entitled to the
provisions of this Article. Any application must be received before the
termination date of the leave period originally requested.
25.15 Leave Without Pay for the Care and Nurturing of Preschool Age Children
Subject to operational requirements as determined by the Employer an employee
shall be granted leave without pay for the care and nurturing of the employee's
preschool age children in accordance with the following conditions:
(a) an employee shall notify the Employer in writing four (4) weeks
in advance of the commencement date of such leave;
(b) leave granted under this clause shall be for a minimum period of
six (6) months;
(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) such leave shall be deducted for the calculation of "continuous
employment" for the purposes of calculating severance pay and vacation
leave;
(e) time spent on such leave shall not be counted for pay increment purposes.
25.16 Leave Without Pay for Family-Related Needs
Leave without pay will be granted for family-related needs, in the
following manner:
(a) Subject to operational requirements as determined by the Employer, leave
without pay for a period of up to three (3) months will be granted to
an employee for family-related needs.
(b) Subject to operational requirements as determined by the Employer, leave
without pay of more than three (3) months but not exceeding
one (1) year will be granted to an employee for family-related needs.
(c) An employee is entitled to leave without pay for family-related 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, paternity or adoption
leave without the consent of the Employer.
(d) Leave without pay granted under (a) of this clause shall be counted for
the calculation of "continuous employment" for the purpose of
calculating severance pay and vacation leave for the employee involved. Time
spent on such leave shall be counted for pay increment purpose.
(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 vacation leave for the employee
involved. Time spent on such leave shall not be counted for pay increment
purposes.
25.17 Leave Without Pay for Relocation of Spouse
(a) At the request of an employee, leave without pay for a period 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 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.
25.18 Leave With Pay for Family-Related Responsibilities
(a) For the purpose of this clause, family is defined as spouse (or
common-law spouse resident with the employee), children (including children of
legal or common-law spouse), parents (including stepparents 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 one-half (1/2) day for a
medical or dental appointment when the dependent family member is incapable of
attending the appointment by himself or herself, or for appointments with
appropriate authorities in schools or adoption agencies. An employee
requesting leave under this provision must notify his or her supervisor of the
appointment as far in advance as possible;
(ii) leave with pay to provide for the immediate and temporary care of a
sick 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) one (1) day's 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) five (5) days' marriage leave for the purpose of getting
married provided that the employee gives the Employer at least
five (5) days' notice.
(c) The total leave with pay which may be granted under
sub-clause (b)(i), (ii), (iii) and (iv) shall not exceed
five (5) days in a fiscal year.
25.19 Leave With or Without Pay for Other Reasons
At its discretion, the Employer may grant leave with or without pay for
purposes other than those specified in this Agreement.
**
25.20 Personal Leave
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, one (1) day of leave with pay for
reasons of a personal nature.
The leave will be scheduled at times convenient to both the employee and the
Employer. Nevertheless, the Employer shall make every reasonable effort to grant
the leaves at such times as the employee may request.
**
25.21 Volunteer Leave
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, one (1) day of leave with pay to work
as a volunteer for a charitable or community organization or activity, other
than for activities related to the Government of Canada Workplace Charitable
Campaign.
The leave will be scheduled at times convenient both to the employee and the
Employer. Nevertheless, the Employer shall make every reasonable effort to grant
the leaves at such times as the employee may request.
**
26.01 It is agreed that there shall be no discrimination with respect to an
employee by reason of age, race, creed, colour, national origin, political or
religious affiliation, sex, sexual orientation, membership or activity in the
Union.
27.01 When the employment of an employee who has been
granted more vacation or sick leave with pay than the employee has earned is
terminated by death, the employee is considered to have earned the amount of
leave with pay granted to him or her.
27.02 When the employment of an employee who has been
granted more vacation or sick leave with pay than the employee has earned is
terminated by lay-off, the employee is considered to have earned the amount of
leave with pay granted if at the time of lay-off the employee has completed
two (2) or more years of continuous employment.
27.03 An employee is entitled, once in each quarter, to be
informed, upon request, of the balance of his or her leave credits.
27.04 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.
27.05 Leave shall be granted only in respect of time the
employee would be otherwise scheduled to work at straight-time rates.
27.06 An employee is not entitled to leave with pay during
periods when the employee is on leave without pay or under suspension.
27.07 An employee shall not be granted two different types
of leave with pay at the same time.
27.08 An employee shall not earn leave credits under this
Collective Agreement in any month for which leave has already been credited to
the employee under the terms of any other collective agreement to which the
Employer is a party.
Lay-off
28.01 An employee who has one (1) year or more of
continuous employment and who is laid off is entitled to be paid severance pay
at the time of lay-off.
28.02 In the case of an employee who is laid off for the
first time following May 9, l969, the amount of severance pay shall be
two (2) weeks' pay for the first and one (1) week's pay for
each succeeding complete year of continuous employment less any period in
respect of which the employee was granted severance pay, retiring leave or a
cash gratuity in lieu thereof by the Employer, but the total amount of severance
pay which may be paid under this clause shall not exceed
twenty-eight (28) weeks' pay.
28.03 In the case of an employee who is laid off for a
second or subsequent time following May 9, 1969, the amount of severance
pay shall be one week's pay for each completed year of continuous employment
less any period in respect of which the employee was granted severance pay,
retiring leave or a cash gratuity in lieu thereof by the Employer, but the total
amount of severance pay which may be paid under this clause shall not exceed
twenty-seven (27) weeks' pay.
Resignation
28.04 Provided an employee gives not less than
one (1) month's notice of his or her intention to resign or such
shorter period as the Employer may agree, an employee who has ten (10) or
more years of continuous employment is, subject to clause 28.05, entitled
to be paid on resignation from the Public Service severance pay equal to the
amount obtained by multiplying half (1/2) of the employee's weekly rate of
pay on resignation by the number of completed years of the employee's continuous
employment to a maximum of twenty-six (26), less any period in respect of
which the employee was granted severance pay, retiring leave or a cash gratuity
in lieu of retiring leave by the Employer.
Retirement
28.05 On termination of employment an employee who is
entitled to an immediate annuity or an immediate annual allowance under the Public
Service Superannuation Act shall be paid severance pay equal to the product
obtained by multiplying the employee's weekly rate of pay on termination of
employment by the number of completed years of continuous employment to a
maximum of twenty-eight (28), less any period in respect of which the
employee was granted severance pay, retiring leave or a cash gratuity in lieu of
retiring leave by the Employer.
Severance Pay on Death
28.06 Regardless of any other benefit payable, if an
employee dies there shall be paid to the employee's estate an amount equal to
the product obtained by multiplying the employee's weekly rate of pay at the
time of death by the number of completed years of continuous employment to a
maximum of twenty-eight (28) less any period in respect of which the
employee was granted severance pay, retiring leave or a cash gratuity in lieu
thereof by the Employer.
28.07 For an employee appointed to a position in the
bargaining unit after February 22, 1982, severance benefits payable under
this Article shall be reduced by any period of continuous employment in respect
of which the employee was already granted any type of termination benefit. Under
no circumstances shall the maximum severance pay provided under
clauses 28.02 and 28.03 be pyramided.
**
29.01 An employee shall be given an opportunity to sign any
formal review of his or her performance, and shall also be given an opportunity
to sign all adverse reports pertaining to the performance of his or her duties
and shall be provided a copy of the report.
29.02 Any document, relating to disciplinary action, which
may have been placed on the personnel file of an employee, shall be destroyed
after two (2) years have elapsed since the infraction took place;
provided that no further occurrence of disciplinary action has been recorded
during this period.
**
29.03 Twice per year, upon written request by an employee,
the personnel file(s) of that employee shall be made available within
ten (10) working days for his/her examination in the presence of an
authorized representative of the Employer.
30.01 The Employer shall continue to ensure that reasonable
provisions are made for the occupational safety and health of employees. The
Employer will welcome suggestions on the subject from the Union and the parties
undertake to consult with a view to adopting and expeditiously carrying out
reasonable procedures and techniques designed or intended to prevent or reduce
the risk of employment injury.
31.01 The Employer agrees to continue the present practice
of providing an employee with immunization against communicable diseases when
such immunization is a requirement to obtain a passport for travel in the
performance of duties outside Canada.
32.01 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.
33.01 At Helicopter bases where there are two (2) or
more Helicopter Pilots, and where there is no supervisory pilot, an Assignment
Scheduling Allowance shall be paid to one of the Helicopter Pilots.
33.02 The Helicopter Pilot who receives the Allowance shall
be designated as the Pilot in Charge by the Employer.
33.03 The Allowance shall be
thirty-two dollars ($32.00) per four (4) weeks pay period
and it shall not be paid during any period when the designated pilot is on leave
of absence.
33.04 The Allowance shall be reduced on a pro-rata basis for
any period of less than four (4) weeks during which a pilot is
assigned the Assignment Scheduling responsibilities by the Employer.
**ARTICLE 34
AVIATION AIRCREW ALLOWANCE (AAA)
34.01 Preamble
In an effort to resolve recruitment and/or retention problems, the Employer
will provide an allowance for the performance of duties to incumbents of
positions in the Aircraft Operations bargaining unit.
34.02 Eligibility
Employees who are incumbents of positions (either on a substantive basis or
acting appointment basis) in the Aircraft Operations bargaining unit shall be
entitled to an Aviation Aircrew Allowance (AAA).
34.03 Application
A.
(i) Incumbents of positions identified above shall be eligible to receive
an annualized Aviation Aircrew Allowance of $4,800 to be paid biweekly.
(ii) The Allowance specified above does not form part of an employee's
salary.
(iii) An employee shall be paid the Allowance for each calendar month for
which the employee receives at least ten (10) days' pay as an
incumbent of a position in the AO bargaining unit.
(iv) When an employee is required by the Employer to perform the duties of
another position within the AO bargaining unit in accordance with
clause 21.04, and where the amount of the Allowance differs between the
two positions, the Allowance payable shall be proportionate to the time at
each position.
B. Part-time employees shall be entitled to the Allowance on a pro rata
basis.
C. The parties agree that disputes arising from the application of this
Article may be subject to consultation.
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