40.01 Both parties recognize the importance of access to leave for the
purpose of care for the immediate family.
**
40.02 For the purpose of this article, family is defined as spouse (or
common-law partner resident with the employee), children (including foster
children or children of legal or common-law partner) parents (including
stepparents or foster parents) or any relative permanently residing in the
employee's household or with whom the employee permanently resides.
40.03 Subject to paragraph 40.02, an employee shall be granted leave
without pay for the care of family in accordance with the following conditions:
(a) an employee shall notify the Employer in writing as far in advance as
possible but not less than four (4) weeks in advance of the commencement date of
such leave, unless, because of urgent or unforeseeable circumstances, such
notice cannot be given;
(b) leave granted under this paragraph shall be for a minimum period of three
(3) weeks;
(c) the total leave granted under this article shall not exceed five (5)
years during an employee's total period of employment in the Public Service;
(d) leave granted for a period of one (1) year or less shall be scheduled in
a manner which ensures continued service delivery.
40.04 An employee who has proceeded on leave without pay may change
his or her return to work date if such change does not result in additional
costs to the Employer.
40.05 All leave granted under Leave Without Pay for the Long-Term Care
of a Parent or under Leave Without Pay for the Care and Nurturing of Pre-School
Age Children under the terms of previous Operational Services collective
agreements or other agreements will not count towards the calculation of the
maximum amount of time allowed for Care of Immediate Family during an employee's
total period of employment in the Public Service.
Transitional provision
40.06
These transitional provisions are applicable to employees who have been
granted and have proceeded on leave on or after the date of signature of this
agreement.
(a) An employee who, on the date of signature of this agreement, is on Leave
Without Pay for the Long-Term Care of a Parent (Article 40) or on Leave Without
Pay for the Care and Nurturing of Pre-School Age Children (Article 41) under the
terms of the agreement expired on August 4, 2000, continues on that leave for
the approved duration or until the employee's return to work, if the employee
returns to work before the end of the approved leave.
(b) An employee who becomes a member of the bargaining unit on or after the
date of signature of this agreement and who is on Leave Without Pay for the
Long-Term Care of a Parent or on Leave Without Pay for the Care and Nurturing of
Pre-School Age Children under the terms of another agreement, continues on that
leave for the approved duration or until the employee's return to work, if the
employee returns to work before the end of the approved leave.
**
41.01 Subject to operational requirements as determined by the
Employer and with an advance notice of at least five (5) working days, the
employee shall be granted, in each fiscal year, a single period of up to eight
(8) hours, or up to seven decimal five (7.5) hours, where the standard work-week
is thirty seven and decimal five (37.5) hours per week, of leave with pay to
work as a volunteer for a charitable or community organisation or activity,
other than for activities related to the Government of Canada Workplace
Charitable Campaign.
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 leave at such times as the employee may request.
**
42.01 For the purpose of this Article, family is defined as spouse (or
common-partner spouse resident with the employee), children (including children of
legal or common-law partner), foster children, parents (including step-parents
or foster parents), or any relative permanently residing in the employee's
household or with whom the employee permanently resides.
**
42.02 The total leave with pay which may be granted under this Article
shall not exceed:
(i) 37.5 hours in a fiscal year where the standard work week is thirty-seven
decimal five (37.5) hours;
(ii) 40 hours in a fiscal year where the standard work week is forty (40)
hours;
(iii) 42 hours in a fiscal year where the standard work week is forty-two
(42) hours;
(iv) 46.6 hours in a fiscal year where the standard work week is forty-six
point six (46.6) hours;
**
42.03 Subject to clause 42.02, the Employer shall grant leave with pay
under the following circumstances:
(a) to take a family member for medical or dental appointments, or for
appointments with school authorities or adoption agencies, if the supervisor was
notified of the appointment as far in advance as possible;
(b) 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;
(c) to provide for the immediate and temporary care of an elderly member of
the employee's family;
(d) for needs directly related to the birth or to the adoption of the
employee's child.
43.01 Leave without pay will be granted for personal needs in the
following manner:
(a) subject to operational requirements, leave without pay for a period of up
to three (3) months will be granted to an employee for personal needs;
(b) subject to operational requirements, leave without pay for more than
three (3) months but not exceeding one (1) year will be granted to an employee
for personal needs;
(c) an employee is entitled to leave without pay for personal needs only once
under each of paragraphs (a) and (b) 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 or parental leave without the
consent of the Employer.
**
44.01 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.
44.02 An employee's request under clause 44.01 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.
44.03 An employee who has made a request under clause 44.01 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.
44.04 Where reasonably practicable, the Employer shall modify the
employee's job functions or reassign her.
44.05 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.
44.06 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.
44.07 Notwithstanding 44.05, 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.
45.01 At the request of an employee, leave without pay for a period of
up to one (1) year shall be granted to an employee whose spouse is permanently
relocated and up to five (5) years to an employee whose spouse is temporarily
relocated.
**
46.01 For the purpose of this Article, immediate family is defined as
father, mother (or alternatively stepfather, stepmother, or foster parent),
brother, sister, spouse (including common-law partner resident with the
employee), child (including child of common-law partner), stepchild or ward of
the employee, grandchild, grandparent, father-in-law, mother-in-law, and
relative permanently residing in the employee's household or with whom the
employee permanently resides.
46.02 When a member of the employee's immediate family dies, an
employee shall be entitled to a bereavement period of five (5) consecutive
calendar days which must include the day of the funeral. During such period the
employee shall be paid for those days which are not regularly scheduled days of
rest for the 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.
46.03 An employee is entitled to one (1) day's bereavement leave with
pay for the purpose related to the death of his or her son-in-law,
daughter-in-law, brother-in-law or sister-in-law.
46.04 If, during a period of sick leave, vacation leave or
compensatory leave, an employee is bereaved in circumstances under which he or
she would have been eligible for bereavement leave with pay under clauses 46.02
and 46.03, the employee shall be granted bereavement leave with pay and his or
her paid leave credits shall be restored to the extent of any concurrent
bereavement leave with pay granted.
46.05 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 and/or in a manner different than that provided for in clauses 46.02 and
46.03.
47.01 The Employer shall grant leave with pay to an employee for the
period of time he or she is required:
(a) to be available for jury selection;
(b) to serve on a jury;
(c) by subpoena or summons to attend as a witness in any proceeding held:
(i) in or under the authority of a court of justice or before a grand jury,
(ii) before a court, judge, justice, magistrate or coroner,
(iii) before the Senate or House of Commons of Canada or a committee of the
Senate or House of Commons otherwise than in the performance of the duties of
the employee's position,
(iv) before a legislative council, legislative assembly or house of
assembly, or any committee thereof that is authorized by law to compel the
attendance of witnesses before it,
or
(v) before an arbitrator or umpire or a person or body of persons
authorized by law to make an inquiry and to compel the attendance of witnesses
before it.
48.01 Where an employee participates in a personnel selection process,
including the appeal process where applicable, for a position in the Public
Service, as defined in the Public Service Staff Relations Act, the
employee is entitled to leave with pay for the period during which the
employee's presence is required for purposes of the selection process, and for
such further period as the Employer considers reasonable for the employee to
travel to and from the place where his or her presence is so required.
49.01 The Employer recognizes the usefulness of education leave. Upon
written application by the employee and with the approval of the Employer, an
employee may be granted education leave without pay for varying periods of up to
one (1) year, which can be renewed by mutual agreement, to attend a recognized
institution for studies in some field of education in which preparation is
needed to fill the employee's present role more adequately or to undertake
studies in some field in order to provide a service which the Employer requires
or is planning to provide.
49.02 At the Employer's discretion, an employee on education leave
without pay under this Article may receive an allowance in lieu of salary of up
to one hundred per cent (100%) of the employee's annual rate of pay, depending
on the degree to which the education leave is deemed, by the Employer, to be
relevant to organizational requirements. Where the employee receives a grant,
bursary or scholarship, the education leave allowance may be reduced. In such
cases, the amount of the reduction shall not exceed the amount of the grant,
bursary or scholarship.
49.03 Allowances already being received by the employee may at the
discretion of the Employer be continued during the period of the education
leave. The employee shall be notified when the leave is approved whether such
allowances are to be continued in whole or in part.
49.04
(a) As a condition of the granting of education leave without pay, an
employee shall, if required, give a written undertaking prior to the
commencement of the leave to return to the service of the Employer for a period
of not less than the period of the leave granted.
(b) If the employee:
(i) fails to complete the course;
(ii) does not resume employment with the Employer on completion of the
course;
or
(iii) ceases to be employed, except by reason of death or lay-off, before
termination of the period he or she has undertaken to serve after completion
of the course;
the employee shall repay the Employer all allowances paid to him or her under
this Article during the education leave or such lesser sum as shall be
determined by the Employer.
50.01 Career development refers to an activity which in the opinion of
the Employer is likely to be of assistance to the individual in furthering his
or her career development and to the organization in achieving its goals. The
following activities shall be deemed to be part of career development:
(a) a course given by the Employer;
(b) a course offered by a recognized academic institution;
(c) a seminar, convention or study session in a specialized field directly
related to the employee's work.
50.02 Upon written application by the employee, and with the approval
of the Employer, career development leave with pay may be given for any one of
the activities described in clause 50.01. The employee shall receive no
compensation under Article 29, Overtime, and Article 33, Travelling Time, during
time spent on career development leave provided for in this Article.
50.03 Employees on career development leave shall be reimbursed for
all reasonable travel and other expenses incurred by them which the Employer may
deem appropriate.
51.01 At the Employer's discretion, examination leave with pay may be
granted to an employee for the purpose of writing an examination which takes
place during the employee's scheduled hours of work.
52.01 At its discretion, the Employer may grant:
(a) leave with pay when circumstances not directly attributable to the
employee prevent his or her reporting for duty; such leave shall not be
unreasonably withheld;
(b) leave with or without pay for purposes other than those specified in this
Agreement.
**
52.02 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, a single period of up to eight (8) hours, or up to seven
decimal five (7.5) hours, where the standard work-week is thirty seven decimal
five (37.5) hours per week, 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 leave at such times as the employee may request.
53.01 Unless otherwise specified by the Employer as being in an area
that could represent a conflict of interest, employees shall not be restricted
in engaging in other employment outside the hours they are required to work for
the Employer.
54.01 Upon written request, an employee shall be provided with a
complete and current statement of the duties and responsibilities of his or her
position, including the classification level and, where applicable, the point
rating allotted by factor to his or her position, and an organization chart
depicting the position's place in the organization.
55.01 Nothing in this Agreement shall be construed to impair in any
manner whatsoever the authority of the Master.
55.02 The Master may, whenever he or she deems it advisable, require
any employee to participate in lifeboat or other emergency drills without the
payment of overtime.
55.03 Any work necessary for the safety of the vessel, passengers,
crew or cargo shall be performed by all employees at any time on immediate call
and, notwithstanding any provisions of this Agreement which might be construed
to the contrary, in no event shall overtime be paid for work performed in
connection with such emergency duties of which the Master shall be the sole
judge.
55.04 When an employee suffers loss of clothing or personal effects
(those which can reasonably be expected to accompany the employee aboard the
ship) because of marine disaster or shipwreck, the employee shall be reimbursed
the value of those articles up to a maximum of three thousand dollars ($3,000)
based on replacement cost.
55.05
(a) An employee shall submit to the Employer a full inventory of his or her
personal effects and shall be responsible for maintaining it in a current state.
(b) An employee or the employee's estate making a claim under this Article
shall submit to the Employer reasonable proof of such loss, and shall submit an
affidavit listing the individual items and values claimed.
56.01
(a) When a formal assessment of an employee's performance is made, the
employee concerned must be given an opportunity to sign the assessment form in
question upon its completion to indicate that its contents have been read. A
copy of the assessment form will be provided to the employee at that time. An
employee's signature on his or her assessment form will be considered to be an
indication only that its contents have been read and shall not indicate the
employee's concurrence with the statements contained on the form.
(b) The Employer's representative(s) who assess an employee's performance
must have observed or been aware of the employee's performance for at least
one-half (1/2) of the period for which the employee's performance is evaluated.
(c) An employee has the right to make written comments to be attached to the
performance review form.
56.02
(a) Prior to an employee performance review the employee shall be given:
(i) the evaluation form which will be used for the review;
(ii) any written document which provides instructions to the person
conducting the review;
(b) if during the employee performance review, either the form or
instructions are changed they shall be given to the employee.
56.03 Upon written request of an employee, the personnel file of that
employee shall be made available once per year for his or her examination in the
presence of an authorized representative of the Employer.
57.01 A Penological Factor Allowance shall be payable to incumbents in
some positions in the bargaining unit which are in Correctional Service Canada,
subject to the following conditions.
57.02 The Penological Factor Allowance is used to provide additional
compensation to an incumbent of a position who, by reason of duties being
performed in a penitentiary, as defined in the Corrections and Conditional
Release Act as amended from time to time, assumes additional
responsibilities for the custody of inmates other than those exercised by the
Correctional Group.
57.03 The payment of the allowance for the Penological Factor is
determined by the designated security level of the penitentiary as determined by
the Correctional Service of Canada. For those institutions with more than one
(1) designated security level (i.e. multi-level institutions), the PFA shall be
determined by the highest security level of the institution.
Amount of PFA
57.04
Penological Factor
Designated Security level of the Penitentiary |
Maximum |
Medium |
Minimum |
$2,000 |
$1,000 |
$600 |
57.05 Penological Factor Allowance shall only be payable to the
incumbent of a position on the establishment of, or loaned to, Correctional
Staff Colleges, Regional Headquarters, and National Headquarters, when the
conditions described in clause 57.02 above are applicable.
57.06 The applicability of PFA to a position and the position's degree
of PFA entitlement, shall be determined by the Employer following consultation
with the Alliance.
57.07 Except as prescribed in clause 57.10 below, an employee shall be
entitled to receive PFA for any month in which he or she receives a minimum of
ten (10) days' pay in a position(s) to which PFA applies.
57.08 Except as provided in clause 57.09 below, PFA shall be adjusted
when the incumbent of a position to which PFA applies, is appointed or assigned
duties in another position to which a different level of PFA applies, regardless
of whether such appointment or assignment is temporary or permanent, and for
each month in which an employee performs duties in more than one (1) position to
which PFA applies, the employee shall receive the higher allowance, provided he
or she has performed duties for at least ten (10) days as the incumbent of the
position to which the higher allowance applies.
57.09 When the incumbent of a position to which PFA applies, is
temporarily assigned a position to which a different level of PFA, or no PFA,
applies, and when the employee's basic monthly pay entitlement in the position
to which he or she is temporarily assigned, plus PFA, if applicable, would be
less than his or her basic monthly pay entitlement plus PFA in his or her
regular position, the employee shall receive the PFA applicable to his or her
regular position.
57.10 An employee will be entitled to receive PFA, in accordance with
the PFA applicable to his or her regular position:
(a) during any period of paid leave up to a maximum of sixty (60) consecutive
calendar days,
or
(b) during the full period of paid leave where an employee is granted
injury-on-duty leave with pay because of an injury resulting from an act of
violence from one or more inmates.
57.11 PFA shall not form part of an employee's salary except for the
purposes of the following benefit plans:
Public Service Superannuation Act
Public Service Disability Insurance Plan
Canada Pension Plan
Quebec Pension Plan
Employment Insurance
Government Employees Compensation Act
Flying Accident Compensation Regulations.
57.12 If, in any month, an employee is disabled or dies prior to
establishing an entitlement to PFA, the PFA benefits accruing to the employee or
the employee's estate shall be determined in accordance with the PFA entitlement
for the month preceding such disablement or death.
Exclusions
This Article applies only to the FR, GL, GS, HP, HS, and PR(S) Groups.
58.01 Where the Employer determines that due to the nature of work
there is a clear cut need, wash-up time up to a maximum of ten (10) minutes will
be permitted before the end of the working day.
59.01 Definition
Part-time employee means an employee whose weekly scheduled hours of work on
average are less than those established in the relevant Group Specific Appendix,
but not less than those prescribed in the Public Service Staff Relations Act.
General
59.02 Unless otherwise specified in this Article, part-time employees
shall be entitled to the benefits provided under this Agreement in the same
proportion as their normal weekly hours of work compared with those specified in
the relevant Group Specific Appendix.
59.03 Part-time employees are entitled to overtime compensation in
accordance with subparagraph (q)(ii) of the overtime definition in clause 2.01.
59.04 The days of rest provisions of this Agreement apply only in a
week when a part-time employee has worked five (5) days or the weekly hours
specified in the relevant Group Specific Appendix.
Specific Application of this Agreement
59.05 Reporting Pay
Subject to clause 59.04, when a part-time employee meets the requirements to
receive reporting pay on a day of rest, or is entitled to receive a minimum
payment rather than pay for actual time worked during a period of standby, the
part-time employee shall be paid a minimum payment of four (4) hours pay at the
straight-time rate of pay.
59.06 Call-Back
When a part-time employee meets the requirements to receive call-back pay in
accordance with clause 30.01(c)(i) and is entitled to receive the minimum
payment rather than pay for actual time worked, the part-time employee shall be
paid a minimum payment of four (4) hours pay at the straight-time rate.
Designated Holidays
59.07 A part-time employee shall not be paid for the designated
holidays but shall, instead be paid four and one-quarter per cent (4 1/4%) for
all straight-time hours worked.
59.08 When a part-time employee is required to work on a day which is
prescribed as a designated paid holiday for a full-time employee in clause
32.01, the employee shall be paid at time and one-half (1 1/2) of the
straight-time rate of pay for all hours worked up to the daily hours specified
in the relevant Group Specific Appendix, and double time (2T) thereafter.
59.09 A part-time employee who reports for work as directed on a day
which is prescribed as a designated paid holiday for a full-time employee in
clause 32.01, shall be paid for the time actually worked in accordance with
clause 59.08, or a minimum of four (4) hours pay at the straight-time rate,
whichever is greater.
**
59.10 Vacation Leave
A part-time employee shall earn vacation leave credits for each month in
which the employee receives pay for at least twice (2) the number of hours in
the employee's normal workweek, at the rate for years of service established in
clause 35.02 of this Agreement, prorated and calculated as follows:
(a) when the entitlement is ten (10) hours a month, .250 multiplied by the
number of the hours in the employee's workweek per month;
(b) when the entitlement is thirteen point thirty-six (13.36) hours a month,
.333 multiplied by the number of the hours in the employee's workweek per month;
(c) when the entitlement is fourteen point seventy-two (14.72) hours a month,
.367 multiplied by the number of the hours in the employee's workweek per month;
(d) when the entitlement is fifteen point thirty-six (15.36) hours a month,
.383 multiplied by the number of the hours in the employee's workweek per month;
(e) when the entitlement is sixteen point seventy-two (16.72) hours a month,
.417 multiplied by the number of the hours in the employee's workweek per month;
(f) when the entitlement is eighteen (18) hours a month, .450 multiplied by
the number of hours in the employee's workweek per month;
(g) when the entitlement is twenty (20) hours a month, .500 multiplied by the
number of the hours in the employee's workweek per month;
(h) however, a part-time employee who has received or is entitled to receive
furlough leave shall have his or her vacation leave credits earned reduced by
.083 multiplied by the number of hours in the part-time workweek, beginning in
the month in which the twentieth (20th) anniversary of service occurs
until the beginning of the month in which his or her twenty-fifth (25th)
anniversary of service occurs.
59.11 Sick Leave
A part-time employee shall earn sick leave credits at the rate of one-quarter
(1/4) of the number of hours in an employee's normal workweek for each calendar
month in which the employee has received pay for at least twice (2) the number
of hours in the employee's normal workweek.
59.12 Vacation and Sick Leave Administration
(a) For the purposes of administration of clauses 59.10 and 59.11, where an
employee does not work the same number of hours each week, the normal workweek
shall be the weekly average of the hours worked at the straight-time rate
calculated on a monthly basis.
(b) An employee whose employment in any month is a combination of both
full-time and part-time employment shall not earn vacation or sick leave credits
in excess of the entitlement of a full-time employee.
59.13 Bereavement Leave
Notwithstanding clause 59.02, there shall be no prorating of a
"day" in Article 46, Bereavement Leave With Pay.
59.14 Severance Pay
Notwithstanding the provisions of Article 60, Severance Pay, of this
Agreement, where the period of continuous employment in respect of which
severance benefit is to be paid consists of both full- and part-time employment
or varying levels of part-time employment, the benefit shall be calculated as
follows: the period of continuous employment eligible for severance pay shall be
established and the part-time portions shall be consolidated to equivalent
full-time. The equivalent full-time period in years shall be multiplied by the
full-time weekly pay rate for the appropriate group and level to produce the
severance pay benefit.
60.01 Under the following circumstances and subject to clause 60.02,
an employee shall receive severance benefits calculated on the basis of the
weekly rate of pay to which he or she is entitled for the classification
prescribed in his or her certificate of appointment on the date of his or her
termination of employment.
(a) Lay-off
(i) On the first (1st) lay-off two (2) weeks' pay for the first
(1st) complete year of continuous employment and one (1) week's pay
for each additional complete year of continuous employment and, in the case of
a partial year of continuous employment, one (1) week's pay multiplied by the
number of days of continuous employment divided by three hundred and
sixty-five (365).
(ii) On second (2nd) or subsequent lay-off one (1) week's pay
for each complete year of continuous employment and, in the case of a partial
year of continuous employment, one (1) week's pay multiplied by the number of
days of continuous employment divided by three hundred and sixty-five (365),
less any period in respect of which the employee was granted severance pay
under sub-paragraph (a)(i).
(b) Resignation
On resignation, subject to paragraph 60.01(d) and with ten (10) or more years
of continuous employment, one-half (1/2) week's pay for each complete year of
continuous employment up to a maximum of twenty-six (26) years with a maximum
benefit of thirteen (13) weeks' pay.
(c) Rejection on Probation
On rejection on probation, when an employee has completed more than one (1)
year of continuous employment and ceases to be employed by reason of rejection
during a probationary period, one (1) week's pay.
(d) Retirement
(i) On retirement, when an employee is entitled to an immediate annuity
under the Public Service Superannuation Act or when the employee is
entitled to an immediate annual allowance, under the Public Service
Superannuation Act,
or
(ii) a part-time employee, who regularly works more than thirteen and
one-half (13 1/2) but less than thirty (30) hours a week, and who, if he or
she were a contributor under the Public Service Superannuation Act,
would be entitled to an immediate annuity thereunder, or who would have been
entitled to an immediate annual allowance if he or she were a contributor
under the Public Service Superannuation Act,
a severance payment in respect of the employee's complete period of
continuous employment, comprised of one (1) week's pay for each complete year of
continuous employment and, in the case of a partial year of continuous
employment, one (1) week's pay multiplied by the number of days of continuous
employment divided by three hundred and sixty-five (365), to a maximum of thirty
(30) weeks' pay.
(e) Death
If an employee dies, there shall be paid to the employee's estate a severance
payment, comprising one (1) week's pay for each complete year of continuous
employment and, in the case of a partial year of payment in respect of the
employee's complete period of continuous employment, one (1) week's pay
multiplied by the number of days of continuous employment divided by three
hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay, regardless
of any other benefit payable.
(f) Termination for Cause for Reasons of Incapacity or Incompetence
(i) When an employee has completed more than one (1) year of continuous
employment and ceases to be employed by reason of termination for cause for
reasons of incapacity pursuant to Section 11(2)(g) of the Financial
Administration Act, one (1) week's pay for each complete year of
continuous employment with a maximum benefit of twenty-eight (28) weeks.
(ii) When an employee has completed more than ten (10) years of continuous
employment and ceases to be employed by reason of termination for cause for
reasons of incompetence pursuant to Section 11(2)(g) of the Financial
Administration Act, one (1) week's pay for each complete year of
continuous employment with a maximum benefit of twenty-eight (28) weeks.
60.02 Severance benefits payable to an employee 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 clause 60.01 be
pyramided.
60.03 Appointment to a Separate Employer Organization
Notwithstanding paragraph 60.01(b), an employee who resigns to accept an
appointment with an organization listed in Part II of Schedule I of the Public
Service Staff Relations Act may choose not to be paid severance pay provided
that the appointing organization will accept the employee's Part I service for
its severance pay entitlement.
|