List of Changes to the Agreement Between the Treasury Board and The Public Service Alliance of Canada - Operational Services
Exceptions
2.01
**
(e) "common-law partner" means a person living in a conjugal relationship with an employee for a
continuous period of at least one (1) year (conjoint de fait);
Definition (f) does not apply to the LI Group
**
(f) "compensatory leave" means leave with pay in lieu of cash payment for overtime, for time worked
on a designated paid holiday, travelling time compensated at overtime rate, call back pay, reporting pay, and standby pay. The
duration of such leave will be equal to the time compensated or the minimum time entitlement, multiplied by the applicable
overtime rate. The rate of pay to which an employee is entitled during such leave shall be based on the employee's hourly rate of
pay as calculated from the classification prescribed in the employee's certificate of appointment on the day immediately prior to
the day on which leave is taken (congé compensateur);
**
(r) "spouse" will, when required, be interpreted to include "common-law partner" except,
for the purposes of the Foreign Service Directives, the definition of "spouse" will remain as specified in Directive 2
of the Foreign Service Directive (époux);
8.01 The Dental Care plan as contained in the Master Agreement between the Treasury Board and the Public
Service Alliance of Canada, with an expiry date of June 30, 1988, and as subsequently amended from time to time, shall be deemed
to form part of this Agreement.
**
Leave without Pay for Election to an Alliance Office
14.14 The Employer will grant leave without pay to an employee who is elected as a full-time official of the
Alliance within one month after notice is given to the Employer of such election. The duration of such leave shall be for the
period the employee holds such office.
15.01 If employees are prevented from performing their duties because of a strike or lock-out on the premises
of another employer, the employees shall report the matter to the Employer, and the Employer will make reasonable efforts to
ensure that such employees are employed elsewhere, so that they shall receive their regular pay and benefits to which they would
normally be entitled.
**
19.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any
disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national or ethnic
origin, religious affiliation, sex, sexual orientation, family status, mental or physical disability, membership or activity in
the Alliance, marital status or a conviction for which a pardon has been granted.
**
19.04 Upon request by the complainant(s) and/or respondent(s) an official copy of the investigation report
shall be provided to them by the Employer subject to the Access to Information and Privacy Act.
**
20.04 Upon request by the complainant(s) and/or respondent(s) an official copy of the investigation report
shall be provided to them by the Employer subject to the Access to Information and Privacy Act.
Exclusions
This article does not apply to the FR, LI and SC Groups.
25.01 For the purposes of this Article:
**
Shift Work
(c) a "shift schedule" means the arrangement of shifts over a given period of time and includes days
of rest and designated paid holidays;
(d) a "shift" means the rotation through two (2) or more periods of eight (8) hours or longer where
the Employer requires coverage of sixteen (16) hours or more each day; or, where the Employer requires the employee to work on a
non-rotating and indefinite basis on evening or night duty of which half (1/2) or more of the hours are scheduled between 1800
hours and 0600 hours.
Exclusions
This article does not apply to the FR, LI and SC Groups.
**
This Article does not apply to employees working hours of work not defined as a shift, covered by clause 25.02, Article 28 or
clauses 2.02 and 2.03 of Appendix B; clauses 2.01 and 2.02 of Appendix C, clauses 3.03 and 3.04 of Appendix D, clauses 2.01 and
2.02 of Appendix E, and clause 1.01 of Appendix I.
**
27.02 Weekend Premium
(a) An employee working during the weekend will receive an additional premium of two dollars ($2.00) per hour, including
overtime hours, for all hours worked on Saturday or Sunday.
(b) Paragraph (a) shall not apply to employees whose regular hours of work are scheduled from Monday to Friday.
Exclusions
This article does not apply to the FR, LI and SC Groups.
**
29.08 Compensatory Leave
Compensation earned under this Article shall be compensated in accordance with Article 62.
Exclusions
This article does not apply to the LI Group.
**
30.02 Compensatory Leave
Compensation earned under this Article shall be compensated in accordance with Article 62.
Exclusions
This article does not apply to the FR, LI or SC Groups.
**
31.03 Compensatory Leave
Compensation earned under this Article shall be compensated in accordance with Article 62.
Excluded Provisions
The remainder of this Article does not apply to employees in the FR group
Work Performed on a Designated Holiday
**
32.07
(a) When an employee works on a holiday, he or she shall be paid time and one-half (1 1/2) for all hours worked, up to the
daily hours specified in the relevant Group Specific Appendix, and double (2) time thereafter, in addition to the pay that the
employee would have been granted had he or she not worked on the holiday,
(b) Notwithstanding paragraph (a) when an employee works on a holiday contiguous to a day of rest on which he or she also
worked and received overtime in accordance with clause 29.07, the employee 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.
**
32.09 Compensatory Leave
Compensation earned under this Article shall be compensated in accordance with Article 62.
**
33.07 Compensatory Leave
Compensation earned under this Article shall be compensated in accordance with Article 62.
33.08 Travel Status Leave
Exclusions
This clause does not apply to employees covered by Annex I of Appendix B - General Labour and Trades Group.
**
(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
eight (8) hours off with pay or seven and one-half (7.5), where the standard work week is thirty seven and one-half (37.5) hours
per week. The employee shall be credited with an additional eight (8) hours off with pay or seven and one-half (7.5), where the
standard work week is thirty seven and one-half (37.5) hours per week, 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 hours off earned under this clause shall not exceed forty (40) hours, or thirty seven and one-half
(37.5) hours where the standard hours per week is thirty seven and one-half (37.5), 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 clause 62.01.
**
34.01
(a) When an employee becomes subject to this Agreement, his or her earned daily leave credits shall be converted into hours.
When an employee ceases to be subject to this Agreement, his or her earned hourly leave credits shall be reconverted into days,
with one (1) day being equal to seven and one-half (7.5) hours.
(b) Earned leave credits or other leave entitlements shall be equal to eight (8) hours per day, or seven and one-half (7.5)
hours per day where the standard workweek is thirty-seven decimal five (37.5) hours per week.
(c) When leave is granted, it will be granted on an hourly basis and the number of hours debited for each day of leave will be
equal to the number of hours of work scheduled for the employee for the day in question.
(d) Notwithstanding the above, in Article 46, Bereavement Leave with Pay, a "day" will mean a calendar day.
Excluded Provisions
Clause 35.02 does not apply to employees in the FR Group.
Accumulation of Vacation Leave Credits
**
35.02
For employees whose standard hours of work are equal to forty (40) hours per week:
An employee shall earn vacation leave credits at the following rate for each calendar month during which the employee receives
pay for at least eighty (80) hours :
(a) ten (10) hours per month until the month in which the anniversary of the employee's eighth (8th) year of service
occurs;
or
(b) thirteen decimal three six (13.36) hours per month commencing with the month in which the employee's eighth (8th)
anniversary of service occurs;
or
(c) Fourteen decimal seven two (14.72) hours per month in which the employee's sixteenth (16th) anniversary of
service occurs;
or
(d) Fifteen decimal three six (15.36) hours per month in which the employee's seventeenth (17th) anniversary of
service occurs;
or
(e) sixteen decimal seven two (16.72) hours per month in which the employee's eighteenth (18th) anniversary of
service occurs;
or
(f) eighteen (18) hours per month commencing with the month in which the employee's twenty-seventh (27th)
anniversary of service occurs;
or
(g) twenty (20) hours commencing with the month in which the employee's twenty-eighth (28th) anniversary of service
occurs;
(h) however, an employee who has received or is entitled to receive furlough leave shall have the vacation leave credits earned
under this clause, reduced by three point thirty-six (3.36) hours per month from the beginning of the month in which the
employee's twentieth (20th) anniversary of service occurs until the beginning of the month in which the employee's
twenty-fifth (25th) anniversary of service occurs.
**
35.02.1
For employees whose standard hours of work are equal to thirty-seven decimal five (37.5) hours per week:
An employee shall earn vacation leave credits at the following rate for each calendar month during which the employee receives
pay for at least seventy-five (75) hours:
(a) nine decimal three seven five (9.375) hours until the month in which the anniversary of the employee's eighth (8th)
year of service occurs;
(b) twelve decimal five (12.5) hours commencing with the month in which the employee's eight (8th) anniversary of
service occurs;
(c) thirteen decimal seven five (13.75) hours commencing with the month in which the employee's sixteenth (16th)
anniversary of service occurs;
(d) fourteen decimal four (14.4) hours commencing with the month in which the employee's seventeenth (17th)
anniversary of service occurs;
(e) fifteen decimal six two five (15.625) hours commencing with the month in which the employee's eighteenth (18th)
anniversary of service occurs;
(f) sixteen decimal eight seven five (16.875) hours commencing with the month in which the employee's twenty- seventh (27th)
anniversary of service occurs;
(g) eighteen decimal seven five (18.75) hours commencing with the month in which the employee's twenty-eighth (28th)
anniversary of service occurs;
(h) however, an employee who has received or is entitled to receive furlough leave shall have the vacation leave credits earned
under this clause, reduced by three point one five (3.15) hours per month from the beginning of the month in which the employee's
twentieth (20th) anniversary of service occurs until the beginning of the month in which the employee's twenty-fifth
(25th) anniversary of service occurs
**
35.02.2
(i) Effective on the date of signing of this collective agreement, employees with more than two (2) years of service, as
defined in clause 35.03, shall be credited a one-time entitlement of forty (40) hours of vacation leave with pay, or thirty-seven
decimal five (37.5) where the standard work week is thirty-seven decimal five (37.5) hours.
(ii) Employees shall be credited a one-time entitlement of forty (40) hours of vacation leave with pay on the first (1st)
day of the month following the anniversary of the employee's second (2nd) year of service, as defined in clause 35.03,
or thirty-seven decimal five (37.5) where the standard work week is thirty-seven decimal five (37.5) hours.
(iii) The vacation leave credits provided under clause 35.02.2(i) and (ii) above shall be excluded from the application of
paragraph 35.11 dealing with the Carry-over and/or Liquidation of Vacation Leave.
Scheduling and Granting of Vacation Leave With Pay
**
35.05
(a) Employees are expected to take all their vacation leave during the vacation year in which it is earned.
(b) The Employer reserves the right to schedule an employee's vacation leave. In granting vacation leave with pay to an
employee, the Employer shall make every reasonable effort to:
(i) grant an employee's vacation leave in an amount and at such time as the employee may request;
(ii) not recall an employee to duty after the employee has proceeded on vacation leave;
(iii) not cancel nor alter a period of vacation leave which has been previously approved in writing;
(iv) ensure that, at the request of employee, vacation leave in periods of two (2) weeks or more are started following a
scheduled period of rest days.
(c) Representative of the Alliance shall be given the opportunity to consult with representatives of the Employer on vacation
schedules.
**
35.11 Carry-Over and/or Liquidation of Vacation Leave
Clause 35.11 Carry-Over and Liquidation of Vacation Leave will take effect on April 1, 2005.
(a) Where in any vacation year, an employee has not been granted all of the vacation leave credited to him or her, the unused
portion of his or her vacation leave up to a maximum of two hundred and eighty (280) hours credits shall be carried over into the
following vacation year. All vacation leave credits in excess of two hundred and eighty (280) hours shall be automatically paid in
cash at his or her daily rate of pay as calculated from the classification prescribed in his or her certificate of appointment of
his or her substantive position on the last day of the vacation year.
(b) Notwithstanding paragraph (a), if on March 31, 2005 or on the date an employee becomes subject to this Agreement subsequent
to March 31, 2005, an employee has more than two hundred and eighty (280) hours of unused vacation leave credits, a
minimum of eighty (80) hours per year shall be granted or paid in cash by March 31st of each year, commencing on March
31, 2006 until all vacation leave credits in excess of two hundred and eighty (280) hours have been liquidated. Payment shall be
in one instalment per year and shall be at the employee's daily rate of pay as calculated from the classification prescribed in
his or her certificate of appointment of his or her substantive position on March 31st of the applicable previous
vacation year.
**
35.12 During any vacation year, upon application by the employee and at the discretion of the Employer, earned
but unused vacation leave credits in excess of one hundred and twenty (120) hour, or one hundred and twelve point five (112.5)
hours, where the standard work week is thirty-seven decimal five (37.5) hours per week, may be paid in cash at the employees'
daily rate of pay as calculated from the classification prescribed in the certificate of appointment of the employee's substantive
position on March 31st of the previous vacation year.
**
35.17 Appointment from a Separate Employer
An employee who has resigned from an organization listed in Part II of Schedule I of the Public Service Staff Relations Act
may, with concurrence of Employer, transfer up to two hundred and eighty (280) hours of earned vacation leave credits earned
previously with that organization.
Credits
**
36.01
(a) An employee shall earn sick leave credits at the rate of ten (10) hours or, nine decimal three seven five (9.375) where the
standard work is thirty-seven decimal five (37.5) hours per week, for each calendar month for which the employee receives pay for
at least eighty (80) hours of pay, or seventy-five (75) hours of pay where the standard work week is thirty-seven decimal five
(37.5) hours per week.
(b) A shift worker shall earn additional sick leave credits at the rate of one decimal three three (1.33) hours or, one decimal
twenty-five (1.25) hours where the standard work week is thirty-seven decimal five (37.5) hours per week, for each calendar month
during which he or she works shifts and he or she receives pay for at least eighty (80) hours of pay or, seventy-five (75) hours
of pay where the standard work week is thirty-seven decimal five (37.5) hours per week. Such credits shall not be carried over in
the next fiscal year and are available only if the employee has already used one hundred twenty (120) hours, or one hundred and
twelve and one-half (112.5) where the standard work week is thirty-seven decimal five (37.5) hours per week, of sick leave credits
during the current fiscal year.
Granting of Sick Leave
**
36.04 When an employee has insufficient or no credits to cover the granting of sick leave with pay under the
provisions of clause 36.03, sick leave with pay may, at the discretion of the Employer, be granted to an employee for a period of
up to two hundred (200) hours or, one hundred eighty-seven and one-half (187.5), where the standard work week is thirty-seven
decimal five (37.5), hours per week, subject to the deduction of such advanced leave from any sick leave credits subsequently
earned.
38.02 Maternity Allowance
(a)
**
(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 in any portion of the Public Service
of Canada as specified in Part I of Schedule I of Public Service Staff Relations Act within a period of 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).
39.01 Parental Leave Without Pay
**
(c) Notwithstanding paragraphs (a) and (b) above, at the request of an employee and at the discretion of the employer, the
leave referred to with 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.
39.02 Parental Allowance
(a)
**
(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 or 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 in any portion of the Public Service
of Canada as specified in Part I of Schedule I of the Public Service Staff 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).
(c)
**
(ii) for each week in respect of which the employee receives parental benefits pursuant to Section 23 of the Employment
Insurance Act, the difference between the gross weekly amount of the Employment Insurance parental benefits he or she is
eligible to receive and ninety-three per cent (93%) of his or her weekly rate of pay 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;
**
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.
**
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-law partner 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.
**
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.
**
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.
**
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.
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.
|
