**
31.01 Up to three decimal seven five (3.75) hours of time
off with pay will be granted to pregnant employees for the purpose of attending
routine medical appointments.
31.02 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.
32.01 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 he/she is unable to work because of:
(a) personal injury accidentally received in the performance of his/her
duties and not caused by his/her willful misconduct,
or
(b) an industrial illness or a disease arising out of and in the course of
his/her employment,
if he/she agrees to remit to the Receiver General of 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 he/she or his/her
agent has paid the premium.
**
33.01 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 eighteen (18) 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 eighteen (18) 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 eighteen (18) 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 16 Sick Leave. For
purposes of this subparagraph, the terms "illness" or
"injury" used in Article 16 Sick Leave, 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.
**
33.02 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 (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 maternity benefits under the Employment Insurance or the Québec
Parental Insurance Plan 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 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)
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(remaining period to be worked
following her return to work)
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[total period to be worked
as specified in (B)]
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however, an employee whose specified period of employment expired and
who is rehired in any portion of the Core Public Administration as specified in
the Public Service Labour Relations Act within a period of ninety (90)
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 maternity benefits, ninety-three per cent (93%)
of her weekly rate of pay and the recruitment and retention "transitional
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 maternity benefit under the
Employment Insurance or the Québec Parental Insurance Plan, she is eligible to
receive the difference between ninety-three per cent (93%) of her weekly rate of
pay and the recruitment and retention "transitional allowance" and the
maternity benefit, less any other monies earned during this period which may
result in a decrease in her maternity benefit 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
33.02(c)(i) will be estimated and advanced to the employee. Adjustments will be
made once the employee provides proof of receipt of Employment Insurance or
Québec Parental Insurance Plan maternity 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 or the Parental Insurance Act in Québec.
(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 "transitional 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
"transitional 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.
**
33.03 Special Maternity Allowance for Totally
Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in subparagraph
33.02(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
or Québec Parental Insurance Plan maternity benefits;
and
(ii) has satisfied all of the other eligibility criteria specified in
subparagraph 33.02(a), other than those specified in sections (A) and (B) of
subparagraph 33.02(a)(iii);
shall be paid, in respect of each week of maternity allowance not received
for the reason described in subparagraph 33.03(a)(i), the difference between
ninety-three per cent (93%) of her weekly rate of pay and recruitment and
retention "transitional 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
33.02 for a combined period of no more than the number of weeks during which she
would have been eligible for maternity benefits under the Employment Insurance
or the Québec Parental Insurance Plan had she not been disqualified from
Employment Insurance or Québec Parental Insurance Plan maternity benefits for
the reasons described in subparagraph 33.03(a)(i).
**
34.01 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. On being informed of the cessation, the Employer, with the
written consent of the employee, shall notify the appropriate work place
committee or the health and safety representative.
34.02 An employee's request under clause 34.01 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.
34.03 An employee who has made a request under clause 34.01
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:
(a) modifies her job functions or reassigns her,
or
(b) informs her in writing that it is not reasonably practicable to modify
her job functions or reassign her.
34.04 Where reasonably practicable, the Employer shall
modify the employee's job functions or reassign her.
34.05 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.
34.06 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 medical certificate, unless there is a
valid reason why that notice cannot be given. Such notice must be accompanied by
a new medical certificate.
34.07 Notwithstanding 34.05, for an employee working in an
institution where she is in direct and regular contact with offenders, if 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 with pay to the employee for the duration of
the risk as indicated in the medical certificate. However, such leave shall end
no later than at the time the employee proceeds on Maternity Leave Without Pay
or the termination date of the pregnancy, whichever comes first.
35.01 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) above, at the request of an
employee and at the discretion of the Employer, the leave referred to in the
paragraphs (a) and (b) above may be taken in two periods.
**
(d) 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 one hundred and four (104) weeks
after the day on which the child comes into the employee's care.
**
(e) An employee who intends to request parental leave without pay shall
notify the Employer at least four (4) weeks in advance of the commencement date
of such leave.
(f) 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.
**
(g) 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 Schedule I and IV of the Financial
Administration Act.
(h) 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.
**
35.02 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 33.02(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)
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(remaining period to be worked
following his/her return to work)
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[total period to be worked
as specified in (B)]
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however, an employee whose specified period of employment expired and
who is rehired in any portion of the Core Public Administration as specified in
the Public Service Labour Relations Act within a period of ninety (90)
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
"transitional 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, adoption or paternity benefits under the Employment Insurance of the Québec Parental Insurance Plan, he or she is eligible to receive the difference between ninety three per cent (93%) of his or her weekly rate and the recruitment and retention
"transitional allowance" of pay and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his or her parental, adoption or paternity benefit to which he or she would have been eligible if no extra monies had been earned during this period
(iii) where an employee has received the full eighteen (18) weeks of
maternity benefit and the full thirty-two (32) weeks of parental benefit under
the Québec Parental Insurance Plan and thereafter remains on parental leave
without pay, she is eligible to receive a further parental allowance for a
period of two (2) weeks, ninety-three per cent (93%) of her weekly rate of pay
for each week, less any other monies earned during this period.
(d) At the employee's request, the payment referred to in subparagraph
35.02(c)(i) will be estimated and advanced to the employee. Adjustments will be
made once the employee provides proof of receipt of Employment Insurance or
Québec Parental Insurance Plan 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, or the Parental Insurance Act in Québec.
(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 "transitional
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 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.
**
35.03 Special Parental Allowance for Totally Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in subparagraph
35.02(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 or Québec Parental Insurance Plan benefits,
and
(ii) has satisfied all of the other eligibility criteria specified in
paragraph 35.02(a), other than those specified in sections (A) and (B) of
subparagraph 35.02(a)(iii),
shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in subparagraph 35.03(a)(i), the difference between ninety three per cent (93%) of the
employee's rate of pay and the recruitment and retention "transitional 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
35.02 for a combined period of no more than the number of weeks during which the
employee would have been eligible for parental, paternity or adoption benefits
under the Employment Insurance or the Québec Parental Insurance Plan, had the
employee not been disqualified from the Employment Insurance or Québec Parental
Insurance Plan benefits for the reasons described in subparagraph 35.03(a)(i).
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