1.01 The purpose of this Agreement is to maintain
harmonious and mutually beneficial relationships between the Employer, the
Alliance and the employees and to set forth herein certain terms and conditions
of employment including rates of pay upon which agreement has been reached
through collective bargaining for all employees described in the certificate
issued by the Public Service Staff Relations Board on June 7, 1999 covering
employees in the Education and Library Science Group.
1.02 The parties to this Agreement share a desire
to improve the quality of the Public Service of Canada and to promote the
well-being and increased efficiency of its employees to the end that the people
of Canada will be well and efficiently 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:
"Alliance" means the Public Service Alliance of Canada
(Alliance);
"allowance" means compensation payable for the performance of
special or additional duties (indemnité);
"bargaining unit" means the employees of the Employer in the
Group described in Article 7 (unité de négociation);
**
"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);
"compensatory leave" means leave with pay in lieu of cash
payment for overtime, work performed on a designated holiday, travelling time
compensated at overtime rate, call-back and reporting 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);
"continuous employment" has the same meaning as specified in
the existing Public Service Terms and Conditions of Employment Regulations
of the Employer on the date of signing of this Agreement (emploi continu);
"daily rate of pay" (taux de rémunération journalier) means:
(a) an employee's weekly rate of pay divided by five (5);
(b) in the case of an employee of the Education (ED) group working a
school year, as defined in clause 45.01, the employee's annual rate
of pay, plus allowances (if any) divided by the number of working days
designated by the province, territory or provincial school unit within which
geographical area the teacher is working;
"day of rest" in relation to a full-time 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 or absent from duty without permission (jour de repos);
"double time" means two (2) times the employee's hourly
rate of pay (tarif double);
"employee" means a person so defined in the Public Service
Staff Relations Act, and who is a member of the bargaining unit specified in
Article 7 (employé-e);
"Employer" means Her Majesty in right of Canada as represented
by the Treasury Board, and includes any person authorized to exercise the
authority of the Treasury Board (Employeur);
"headquarters area" has the same meaning as given to the
expression in the Travel Directive (zone d'affectation);
"holiday" (jour férié) means:
(a) the twenty-four (24)-hour period commencing at 00:01 hours of a
day designated as a paid holiday in this Agreement;
(b) however, for the purpose of administration of a shift that does not
commence and end on the same day, such shift shall be deemed to have been
entirely worked:
(i) on the day it commenced where half (1/2) or more of the hours
worked fall on that day,
or
(ii) on the day it terminates where more than half (1/2) of the
hours worked fall on that day;
"hourly rate of pay" means the daily rate of pay divided by
seven and one-half (7 1/2) (taux de rémunération horaire),
"lay-off" means the termination of an employee's employment
because of lack of work or because of the discontinuance of a function (mise en
disponibilité);
"leave" means authorized absence from duty by an employee
during his or her regular or normal hours of work (congé);
"membership dues" means the dues established pursuant to the
constitution of the Alliance as the dues payable by its members as a consequence
of their membership in the Alliance, and shall not include any initiation fee,
insurance premium, or special levy (cotisations syndicales);
"overtime" (heures supplémentaires) means:
(a) in the case of a full-time employee, authorized work in excess of the
employee's scheduled hours of work,
or
(b) in the case of a part-time employee, authorized work in excess of the
normal daily or weekly hours of work, specified for the relevant group or
sub-group, of a full-time employee, but does not include time worked on a
holiday,
or
(c) in the case of a part-time employee whose normal scheduled hours of
work are in excess of the normal daily hours of work specified for the
relevant group or sub-group, in accordance with the Variable Hours article
(Article 39), authorized work in excess of those normal scheduled daily
hours or in excess of the average of weekly hours of work, specified for the
relevant group or sub-group;
"physical education instructors" are employees who teach or
instruct physical education and whose duties are not eligible for inclusion in
any other group (moniteurs d'éducation physique);
**
"spouse" will, when required, be interpreted to include
"common-law partner" except, for the purposes of the Foreign Service
Directives, the definition of "spouse" will remain as specified in
Directive 2 of the Foreign Service Directives (époux);
"straight-time rate" means the employee's hourly rate of pay
(tarif normal);
"teacher" includes classroom teachers, senior teachers,
department heads, assistant principals, principals and, in Correctional Service
of Canada, supervisors of education (professeur);
"teachers' aides" are employees who instruct in classrooms or
act as kindergarden assistants, classroom assistants and counsellor technicians
(aides-enseignants);
"time and one-half" means one and one-half (1 1/2)
times the employee's hourly rate of pay (tarif et demi);
"weekly rate of pay" means an employee's annual rate of pay
divided by 52.176 (taux de rémunération hebdomadaire);
"weekly rate of pay", for the employees in the Education (ED)
and Educational Support (EU) groups, means:
(a) in the case of an employee working a school year, as defined in
clause 45.01, the employee's daily rate of pay multiplied by
five (5);
and
(b) in the case of an employee on a twelve (12) month work year, the
employee's annual rate of pay, plus allowances (if any) divided by
fifty-two point one seven six (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
Alliance, employees and the Employer.
3.02 Both the English and French texts of this
Agreement shall be official.
4.01 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.
5.01 In the event that any law passed by
Parliament, applying to Public Service employees covered by this agreement,
renders null and void any provision of this Agreement, the remaining provisions
of the Agreement shall remain in effect for the term of the Agreement.
6.01 Except to the extent provided herein, this
Agreement in no way restricts the authority of those charged with managerial
responsibilities in the Public Service.
7.01 The employer recognizes the Alliance as the
exclusive bargaining agent for all employees of the Employer described in the
certificate issued by the Public Service Staff Relations Board on June 7,
1999 covering employees in the Education and Library Science Group.
8.01 The Employer acknowledges the right of the
Alliance to appoint or otherwise select employees as representatives.
8.02 The Alliance 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.
8.03 The Alliance shall notify the Employer in
writing of the name and jurisdiction of its representatives identified pursuant
to clause 8.02.
8.04
(a) A representative shall obtain the permission of his or her immediate
supervisor before leaving his or her work to investigate employee complaints
of an urgent nature, to meet with local management for the purpose of
dealing with grievances and to attend meetings called by management. Such
permission shall not be unreasonably withheld. Where practicable, the
representative shall report back to his or her supervisor before resuming
his or her normal duties.
(b) Where practicable, when management requests the presence of an
Alliance representative at a meeting, such request will be communicated to
the employee's supervisor.
(c) An employee shall not suffer any loss of pay when permitted to leave
his or her work under paragraph (a).
8.05 The Alliance shall have the opportunity to
have an employee representative introduced to new employees as part of the
Employer's formal orientation programs, where they exist.
9.01 Reasonable space on bulletin boards in
convenient locations, including electronic bulletin board where available, will
be made available to the Alliance for the posting of official Alliance notices.
The Alliance shall endeavour to avoid requests for posting of notices which the
Employer, acting reasonably, could consider adverse to its interests or to the
interests of any of its representatives. Posting of notices or other materials
shall require the prior approval of the Employer, except notices related to the
business affairs of the Alliance, including the names of Alliance
representatives, and social and recreational events. Such approval shall not be
unreasonably withheld.
9.02 The Employer will also continue its present
practice of making available to the Alliance specific locations on its premises,
and where it is practical to do so on vessels, for the placement of reasonable
quantities of literature of the Alliance.
9.03 A duly accredited representative of the
Alliance may be permitted access to the Employer's premises, which includes
vessels, to assist in the resolution of a complaint or grievance and to attend
meetings called by management. Permission to enter the premises shall, in each
case, be obtained from the Employer. In the case of access to vessels, the
Alliance representative upon boarding any vessel must report to the Master,
state his or her business and request permission to conduct such business. It is
agreed that these visits will not interfere with the sailing and normal
operation of the vessels.
9.04 The Alliance shall provide the Employer a list
of such Alliance representatives and shall advise promptly of any change made to
the list.
10.01 Subject to the provisions of this Article,
the Employer will, as a condition of employment, deduct an amount equal to the
monthly membership dues from the monthly pay of all employees. Where an employee
does not have sufficient earnings in respect of any month to permit deductions
made under this Article, the Employer shall not be obligated to make such
deduction from subsequent salary.
10.02 The Alliance shall inform the Employer in
writing of the authorized monthly deduction to be checked off for each employee.
10.03 For the purpose of applying
clause 10.01, deductions from pay for each employee in respect of each
calendar month will start with the first (1st) full calendar month of
employment to the extent that earnings are available.
10.04 An employee who satisfies the Employer to the
extent that he or she 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 he or she will make contributions to a charitable organization registered
pursuant to the Income Tax Act, equal to dues, shall not be subject to
this Article, provided that the affidavit submitted by the employee is
countersigned by an official representative of the religious organization
involved.
10.05 No employee organization, as defined in
Section 2 of the Public Service Staff Relations Act, other than the
Alliance, shall be permitted to have membership dues and/or other monies
deducted by the Employer from the pay of employees.
10.06 The amounts deducted in accordance with
clause 10.01 shall be remitted to the Comptroller of the Alliance 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
the employee's behalf.
10.07 The Employer agrees to continue the past
practice of making deductions for other purposes on the basis of the production
of appropriate documentation.
10.08 The Alliance agrees to indemnify and save the
Employer harmless against any claim or liability arising out of the application
of this Article, except for any claim or liability arising out of an error
committed by the Employer limited to the amount actually involved in the error.
11.01 The Employer agrees to supply the Alliance
each quarter with the name, geographic location and classification of each new
employee.
11.02 The Employer agrees to supply each employee
with a copy of this Agreement and will endeavour to do so within one (1)
month after receipt from the printer.
12.01 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.
13.01 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.
Complaints made to the
Public Service Staff Relations Board Pursuant to Section 23 of the Public
Service Staff Relations Act
14.01 When operational requirements 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 Alliance making a complaint.
Applications for
Certification, Representations and Interventions with respect to Applications
for Certification
14.02 When operational requirements permit, the
Employer will grant leave without pay:
(a) to an employee who represents the Alliance in an application for
certification or in an intervention,
and
(b) to an employee who makes personal representations with respect to a
certification.
14.03 The Employer will grant leave with pay:
(a) to an employee called as a witness by the Public Service Staff
Relations Board,
and
(b) when operational requirements permit, to an employee called as a
witness by an employee or the Alliance.
Arbitration Board
Hearings, Conciliation Board Hearings and Alternate Dispute Resolution
Process
14.04 When operational requirements permit, the
Employer will grant leave with pay to a reasonable number of employees
representing the Alliance before an Arbitration Board, Conciliation Board or in
an Alternate Dispute Resolution Process.
14.05 The Employer will grant leave with pay to an
employee called as a witness by an Arbitration Board, Conciliation Board or in
an Alternate Dispute Resolution Process and, when operational requirements
permit, leave with pay to an employee called as a witness by the Alliance.
Adjudication
14.06 When operational requirements permit, the
Employer will grant leave with pay to an employee who is:
(a) a party to the adjudication,
(b) the representative of an employee who is a party to an adjudication,
and
(c) a witness called by an employee who is a party to an adjudication.
Meetings During the
Grievance Process
14.07 Where an employee representative wishes to
discuss a grievance with an employee who has asked or is obliged to be
represented by the Alliance in relation to the presentation of his or her
grievance, the Employer will, where operational requirements permit, give them
reasonable leave with pay for this purpose when the discussion takes place in
their headquarters area and reasonable leave without pay when it takes place
outside their headquarters area.
14.08 Subject to operational requirements,
(a) when the Employer originates a meeting with a grievor in his or her
headquarters area, he or she will be granted leave with pay and "on
duty" status when the meeting is held outside the grievor's
headquarters area;
(b) when a grievor seeks to meet with the Employer, he or she will be
granted leave with pay when the meeting is held in his or her headquarters
area and leave without pay when the meeting is held outside his or her
headquarters area;
(c) when an employee representative attends a meeting referred to in this
clause, he or she will be granted leave with pay when the meeting is held in
his or her headquarters area and leave without pay when the meeting is held
outside his or her headquarters area.
14.09 When operational requirements permit, the
Employer will grant leave without pay to an employee for the purpose of
attending contract negotiation meetings on behalf of the Alliance.
14.10 When operational requirements permit, the
Employer will grant leave without pay to a reasonable number of employees to
attend preparatory contract negotiation meetings.
14.11 When operational requirements permit, the
Employer will grant leave with pay to a reasonable number of employees who are
meeting with management on behalf of the Alliance.
14.12 Subject to operational requirements, the
Employer shall grant leave without pay to a reasonable number of employees to
attend meetings of the Board of Directors of the Alliance, meetings of the
National Executive of the Components, Executive Board meetings of the Alliance,
and conventions of the Alliance, the Components, the Canadian Labour Congress
and the Territorial and Provincial Federations of Labour.
14.13 When operational requirements permit, the
Employer will grant leave without pay to employees who exercise the authority of
a representative on behalf of the Alliance to undertake training related to the
duties of a representative.
15.01 The Public Service Staff Relations Act
provides penalties for engaging in illegal strikes. Disciplinary action may also
be taken, which will include penalties up to and including termination of
employment pursuant to paragraph 11(2)(f) of the Financial
Administration Act, for participation in an illegal strike as defined in the
Public Service Staff Relations Act.
**
16.01 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.
16.02
(a) Any level in the grievance procedure shall be waived if a person
hearing the grievance is the subject of the complaint.
(b) If by reason of paragraph (a) a level in the grievance procedure
is waived, no other level shall be waived except by mutual agreement.
16.03 By mutual agreement, the parties may use a
mediator in an attempt to settle a grievance dealing with discrimination. The
selection of the mediator will be by mutual agreement.
**
16.04 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.
17.01 The Alliance and the Employer recognize the
right of employees to work in an environment free from sexual harassment and
agree that sexual harassment will not be tolerated in the work place.
17.02
(a) Any level in the grievance procedure shall be waived if a person
hearing the grievance is the subject of the complaint.
(b) If by reason of paragraph (a) a level in the grievance procedure
is waived, no other level shall be waived except by mutual agreement.
17.03 By mutual agreement, the parties may use a
mediator in an attempt to settle a grievance dealing with sexual harassment. The
selection of the mediator will be by mutual agreement.
**
17.04 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.
**
18.01
(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 day being equal to seven and
one-half (7 1/2) hours.
(b) Earned leave credits or other leave entitlements shall be equal to
seven and one-half (71/2) hours per day.
(c) When leave is granted, it will be granted on an hourly basis and the
number of hours debited for each day of leave shall be equal to the number
of hours of work scheduled for the employee for the day in question.
(d) Notwithstanding the above, in clause 22.02, "Bereavement
Leave with Pay," a "day" will mean a calendar day.
18.02 An employee is entitled, once in each fiscal
year, to be informed upon request, of the balance of his or her vacation and
sick leave credits.
18.03 The amount of leave with pay earned but
unused 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.
18.04 An employee shall not be granted two (2)
different types of leave with pay or monetary remuneration in lieu of leave in
respect of the same period of time.
18.05 An employee who, on the day that this
Agreement is signed, is entitled to receive furlough leave, that is to say,
five (5) weeks' leave with pay upon completing twenty (20) years of
continuous employment, retains his or her entitlement to furlough leave subject
to the conditions respecting the granting of such leave that are in force on the
day that this Agreement is signed.
18.06 An employee is not entitled to leave with pay
during periods he or she is on leave without pay or under suspension.
18.07 In the event of termination of employment for
reasons other than death or lay-off, the Employer shall recover from any monies
owed the employee an amount equivalent to unearned vacation and sick leave taken
by the employee, as calculated from the classification prescribed in the
employee's certificate of appointment on the date of the termination of the
employee's employment.
18.08 An employee shall not earn leave credits
under this Collective Agreement in any month for which leave has already been
credited to him or her under the terms of any other collective agreement to
which the Employer is a party or under other rules or regulations of the
Employer.
19.01 An employee shall earn sick leave credits at
the rate of nine decimal three seven five (9.375) hours for each calendar
month for which the employee receives pay for at least seventy-five (75)
hours.
For the purpose of clause 19.01, an employee working a school year as
defined in this Agreement is deemed to have received pay for at least
seventy-five (75) hours per month during the summer break period, provided
the employee continues in the employment of the Employer in the following school
year.
19.02 An employee shall be granted sick leave with
pay when he or she 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 manner and
at such time as may be determined by the Employer,
and
(b) he or she has the necessary sick leave credits.
19.03 Unless otherwise informed by the Employer, a
statement signed by the employee stating that because of illness or injury, he
or she was unable to perform his or her duties shall, when delivered to the
Employer, be considered as meeting the requirements of paragraph 19.02(a).
**
19.04 When an employee has insufficient or no
credits to cover the granting of sick leave with pay under the provisions of
clause 19.03, sick leave with pay may, at the discretion of the Employer,
be granted to an employee for a period of up to one hundred and eighty-seven
decimal five (187.5) hours, subject to the deduction of such advanced leave
from any sick leave credits subsequently earned.
19.05 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.
19.06 Where, in respect of any period of
compensatory leave, an employee is granted sick leave with pay on production of
a medical certificate, the period of compensatory leave so displaced shall
either be added to the compensatory leave period if requested by the employee
and approved by the Employer or reinstated for use at a later date.
19.07 Sick leave credits earned but unused by an
employee during a previous period of employment in the Public Service shall be
restored to an employee whose employment was terminated by reason of layoff and
who is reappointed in the Public Service within two (2) years from the date
of layoff.
19.08 The Employer agrees that an employee
terminated for cause for reasons of incapacity pursuant to Section 11(2)(g)
of the Financial Administration Act by reason of ill-health shall not be
released at a date earlier than the date at which the employee will have
utilized his or her accumulated sick leave credits.
20.01
(a) The vacation year, for an employee on a twelve (12) month work
year, shall be from April 1st to March 31st
of the following calendar year, inclusive.
(b) Employees must normally take all of their annual leave during the
vacation year in which it is earned.
20.02 Accumulation of Vacation Leave Credits
For each calendar month in which an employee has earned at least
seventy-five (75) hours' pay, the employee shall earn vacation leave
credits at the rate of:
(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 if the employee is in the ED or EU groups;
or
nine decimal three seven five (9.375) hours until the month in which
the anniversary of the employee's seventh (7th) year of
service occurs if the employee is in the LS group;
(b) twelve decimal five (12.5) hours commencing with the month in
which the employee's eighth (8th) anniversary of service
occurs if the employee is in the ED or EU groups;
or
twelve decimal five (12.5) hours commencing with the month in which
the employee's seventh (7th) anniversary of service occurs
if the employee is in the LS group;
(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.
20.03
(a) For the purpose of clause 20.02 only, all service within the
Public Service, whether continuous or discontinuous, shall count toward
vacation leave except where a person who, on leaving the Public Service,
takes or has taken severance pay. However, the above exception shall not
apply to an employee who receives severance pay on lay-off and is
reappointed to the Public Service within one year following the date of
lay-off.
(b) Notwithstanding (a) above, an employee who was a member of the
bargaining unit on (the date of signing of the Collective Agreement -
May 17, or 18, or 19, 1989) or an employee who became a member of the
bargaining unit between (the date of signing of the Collective
Agreement - May 17, or 18, or 19, 1989) and May 31, 1990
shall retain, for the purpose of "service" and of establishing his
or her vacation entitlement pursuant to this Article, those periods of
former service which had previously qualified for counting as continuous
employment, until such time as his or her employment in the Public Service
is terminated.
Entitlement to Vacation Leave With Pay
20.04 An employee is entitled to vacation leave
with pay to the extent of the employee's earned credits but an employee who
has completed six (6) months of continuous employment may receive an
advance of credits equivalent to the anticipated credits for the vacation year.
Scheduling of Vacation Leave With Pay
Clause ED-20.05 applies only to the ED Group:
ED - 20.05 Granting of Vacation Leave With Pay
In scheduling vacation leave with pay, the Employer shall, subject to the
operational requirements of the service, make every reasonable effort:
(a) to grant the employee his or her vacation leave during the fiscal
year in which it is earned and in a manner acceptable to the employee if so
requested by the employee prior to March 31st, for periods
of leave which extend between May 1st and October 31st
and if so requested by the employee prior to October 1st,
for periods of leave which extend between November 1st and
April 30th;
(b) to grant 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.
(c) The Employer may for good and sufficient reason grant vacation leave
on shorter notice than that provided for in (b).
Clause LS/EU-20.05 applies to the LS and EU groups only:
LS/EU - 20.05
(a) Employees are expected to take all of their vacation leave during the
vacation year in which it is earned.
(b) In order to maintain operational requirements, the Employer reserves
the right to schedule employee's vacation leave but shall make every
reasonable effort to provide an employee's vacation in an amount and at
such time as the employee may request.
20.06 The Employer shall give an employee as much
notice as is practicable and reasonable of approval, rejection or cancellation
of a request for vacation leave with pay. In the case of rejection or
cancellation of such leave, the Employer shall give the written reason therefor
upon written request from the employee.
20.07 Where, in respect of any period of vacation
leave with pay, an employee is granted:
(a) bereavement leave with pay,
or
(b) leave with pay because of illness in the immediate family,
or
(c) sick leave on production of a medical certificate,
the period of vacation leave with pay 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.
20.08
(a) The leave entitlement for the current vacation year shall be used
first.
(b) Where in any vacation year, an employee has not been granted all of
the annual leave credited to him or her, the unused portion of annual leave
shall be carried over into the following year, except that the unused
portion of annual leave in excess of two hundred and twenty five (225)
hours shall be automatically converted into cash, by multiplying the number
of days to which the excess leave credits correspond by the daily rate of
pay applicable to the classification prescribed in the employee's
certificate of employment of his or her substantive position in effect on
the last day of the preceding fiscal year.
(c) Notwithstanding paragraph (b), during any vacation year, upon
application by the employee and at the discretion of the Employer, earned
but unused vacation leave credits in excess of one hundred and twelve
decimal five (112.5) hours may be paid in cash at the employee's
daily rate of pay as calculated from the classification prescribed in the
certificate of appointment of the employee's substantive position on
March 31st of the previous vacation year.
(d) When in a vacation year, an employee has applied for vacation leave
with pay, in accordance with Clause ED 20.05 or LS/EU 20.05,
and was not granted all the leave requested, the portion of the yearly
entitlement of leave that was not granted should be rescheduled by mutual
agreement into the next vacation year. Such mutual agreement shall not be
unreasonably withheld.
(e) While vacation leave credits shall normally not exceed two hundred
and twenty five (225) hours in excess of the current year entitlement,
an employee may request, in exceptional circumstances, to carry over
additional vacation leave credits for specific purposes. Such request shall
include the duration and purpose of the carry over.
Recall from Vacation Leave With Pay
20.09
(a) The Employer will make every reasonable effort not to recall an
employee to duty after the employee has proceeded on vacation leave with
pay.
(b) Where, during any period of vacation leave with pay, an employee is
recalled to duty, the employee shall be reimbursed for reasonable expenses,
as normally defined by the Employer, that the employee incurs:
(i) in proceeding to employee's place of duty,
and
(ii) 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.
(c) The employee shall not be considered as being on vacation leave
during any period in respect of which the employee is entitled under
paragraph 20.09(b) to be reimbursed for reasonable expenses incurred by
the employee.
Leave When Employment Terminates
20.10 When an employee dies or otherwise ceases to
be employed, the employee or the employee's estate shall be paid an amount
equal to the product obtained by multiplying the number of days of earned but
unused vacation leave with pay to the employee's credit by the daily rate of
pay applicable immediately prior to the termination of the employee's
employment. However, where the employee requests, the Employer shall grant the
employee any vacation leave earned but not used by the employee before the
employment is terminated by lay-off because of a requirement to meet minimum
continuous employment requirements for severance pay.
20.11 Notwithstanding clause 20.10, an
employee whose employment is terminated by reason of a declaration of
abandonment of position is entitled to receive the payment referred to in
clause 20.10, if the employee requests it within six (6) months
following the date of termination of employment.
Advance Payments
20.12
(a) The Employer agrees to issue advance payments of estimated net salary
for 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 pay day before the employee's
vacation period commences.
(b) Providing the employee has been authorized to proceed on vacation
leave for the period concerned, pay in advance of going on vacation shall be
made prior to departure. Any overpayment in respect of such pay advances
shall be an immediate first charge against any subsequent pay entitlements
and shall be recovered in full prior to any further payment of salary.
Cancellation or Alteration of Vacation Leave
20.13 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.
20.14 Appointment to a Separate Employer
Notwithstanding clause 20.10, an employee who resigns to accept an
appointment with an organization listed in Part II of Schedule I of
the Public Service Staff Relations Act may choose not to be paid for
unused vacation leave credits, provided that the appointing organization will
accept such credits.
**
20.15 Appointment from a Separate Employer
The Employer agrees to accept the unused vacation leave credits up to a
maximum of two hundred and sixty two decimal five (262.5) hours of an employee
who resigns from an organization listed in Part II of Schedule I of the Public
Service Staff Relations Act in order to take a position with the Employer if
the transferring employee is eligible and has chosen to have these credits
transferred.
20.16 Summer Leave for ED-LAT Sub-group of ED (12 month work year)
Employees shall be granted leave without pay during the months of May, June,
July, August and September provided a request for such leave is received in
writing by the Employer on or before March 15th in each year,
and provided that leave without pay immediately follows the annual leave. At the
departmental level, the total number of requests for leave without pay, spread
over the aforementioned five (5) months shall not exceed four per
cent (4%) of the employees subject to this clause. The total number of
weeks of leave with pay earned by the employee together with the total number of
weeks of leave without pay granted to the employee shall not exceed
ten (10) weeks. The period of leave of absence without pay shall be
considered as time worked for the purpose of accruing leave credits providing
the employee continues in the employment of the Employer in the month
immediately following the employee's return to work.
**
Exclusion
Employees in the ED-EST sub-group and EU group who work a ten (10) month
work year are excluded from the provisions of paragraph 20.17.
20.17
(a) Employees shall be credited a one-time entitlement of thirty-seven
decimal five (37.5) hours of vacation leave with pay on the
first (1st) day of the month following the employee's
second (2nd) anniversary of service, as defined in
clause 20.03.
(b) Transitional Provision
Effective on March 14, 2005, employees with more than two (2)
years of service, as defined in clause 20.03, shall be credited a
one-time entitlement of thirty-seven decimal five (37.5) hours of
vacation leave with pay.
(c) The vacation leave credits provided in clauses 20.17(a) and (b)
above shall be excluded from the application of paragraph 20.08 dealing
with the Carry-over and/or Liquidation of Vacation Leave.
Exclusion
Employees in the ED-EST sub-group of the Education Group who work the school
year as defined in paragraph 45.01(a) are excluded from the provisions of
this Article.
21.01 Subject to clause 21.02, 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 additional day is recognized as a provincial or civic holiday, the
first Monday in August,
(l) one additional day when proclaimed by an Act of Parliament as a
national holiday.
21.02 An employee absent without pay on both his or
her full working day immediately preceding and his or her full working day
immediately following a designated holiday is not entitled to pay for the
holiday, except in the case of an employee who is granted leave without pay
under the provisions of Article 14, Leave With or Without Pay For Alliance
Business.
21.03 When a day designated as a holiday under
clause 21.01 coincides with an employee's day of rest, the holiday shall
be moved to the first (1st) scheduled working day following the
employee's day of rest. When a day that is a designated holiday is so moved to
a day on which the employee is on leave with pay, that day shall count as a
holiday and not as a day of leave.
When two (2) days designated as holidays under clause 21.01
coincide with an employee's consecutive days of rest, the holidays shall be
moved to the employee's first two (2) scheduled working days following
the days of rest. When the days that are designated holidays are so moved to
days on which the employee is on leave with pay, those days shall count as
holidays and not as days of leave.
21.04 When a day designated as a holiday for an
employee is moved to another day under the provisions of clause 21.03:
(a) work performed by an employee on the day from which the holiday was
moved shall be considered as worked 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.
21.05 When an employee works on a holiday, he or
she shall be paid:
(a) time and one-half (1 1/2) for all hours worked up to seven
and one half (7 1/2) hours 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,
or
(b) upon request, and with the approval of the Employer, the employee may
be granted:
(i) a day of leave with pay (straight-time rate of pay) at a later date
in lieu of the holiday,
and
(ii) pay at one and one-half (1 1/2) times the straight-time
rate of pay for all hours worked up to seven and one half (7 1/2)
hours,
and
(iii) pay at two (2) times the straight-time rate of pay for all
hours worked by him or her on the holiday in excess of seven and one
half (7 1/2) hours.
(c)
(i) Subject to operational requirements and adequate advance notice, the
Employer shall grant lieu days at such times as the employee may request.
(ii) When in a fiscal year an employee has not been granted all of his or
her lieu days as requested by him or her, at the employee's option, such
lieu days shall be paid off at his or her straight-time rate of pay or
carried over for one (1) year. In all other cases unused lieu days shall be
paid off at the employee's straight-time rate of pay.
(iii) The straight-time rate of pay referred to in 21.05(c)(ii) shall be
the rate in effect when the lieu day was earned.
21.06 When an employee is required to report for
work and reports on a designated holiday, the employee shall be paid the greater
of:
(a) compensation in accordance with the provisions of clause 21.05;
or
(b) three (3) hours pay at the applicable overtime rate of pay.
21.07 Other than when required by the Employer to
use a vehicle of the Employer for transportation to a work location other than
the employee's normal place of work, time spent by the employee reporting to
work or returning to his or her residence shall not constitute time worked.
21.08 Where a day that is a designated holiday for
an employee coincides with a day of leave with pay, that day shall count as a
holiday and not as a day of leave.
21.09 Where operational requirements permit, the
Employer shall not schedule an employee to work both December 25 and
January 1 in the same holiday season.
**
22.01 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, a single period of up to seven decimal
five (7.5) hours of leave with pay to work as a volunteer for a charitable
or community organisation or activity, other than for activities related to the
Government of Canada Workplace Charitable Campaign;
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.
22.02
Bereavement Leave With Pay
(a) 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-partner spouse resident with the employee),
child (including child of common-law partner), stepchild or ward of the
employee, grandchild, father-in-law, mother-in-law, the employee's grand
parents and relative permanently residing in the employee's household or
with whom the employee permanently resides.
(b) 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.
(c) 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.
(d) 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 paragraphs (b)
and (c), 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.
(e) 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 different manner than that provided for in paragraphs (b) and (c).
22.03
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 19,
Sick Leave With Pay. For purposes of this subparagraph, the terms
"illness" or "injury" used in Article 19, 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.
(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.
22.04
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 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 in any portion of the Public Service of Canada 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 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 22.04(c)(i) will be estimated and advanced to the
employee. Adjustments will be made once the employee provides proof of
receipt of Employment Insurance pregnancy benefits.
(e) The maternity allowance to which an employee is entitled is limited
to that provided in paragraph (c) and an employee will not be
reimbursed for any amount that she may be required to repay pursuant to the Employment
Insurance Act.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the
day immediately preceding the commencement of maternity leave without pay,
(ii) for an employee who has been employed on a part-time or on a
combined full-time and part-time basis during the six (6) month period
preceding the commencement of maternity leave, the rate obtained by
multiplying the weekly rate of pay in subparagraph (i) by the fraction
obtained by dividing the employee's straight time earnings by the straight
time earnings the employee would have earned working full-time during such
period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the
rate 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.
22.05
Special Maternity Allowance for Totally Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in
subparagraph 22.04(a)(ii) solely because a concurrent entitlement to
benefits under the Disability Insurance (DI) Plan, the Longterm 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 22.04(a), other than those specified in sections (A) and
(B) of subparagraph 22.04(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 22.04 for a combined period of no more than the number of weeks
during which she would have been eligible for pregnancy benefits pursuant to
Section 22 of the Employment Insurance Act had she not been
disqualified from Employment Insurance pregnancy benefits for the reasons
described in subparagraph (a)(i).
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.
22.06
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
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 expected
date 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 Part I
of Schedule I of the Public Service Staff Relations 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.
22.07
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 (i),
providing he or she:
(i) has completed six (6) months of continuous employment before the
commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is
in receipt of parental benefits pursuant to Section 23 of the Employment
Insurance Act in respect of insurable employment with the Employer,
and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her
parental leave without pay, unless the return to work date is modified by
the approval of another form of leave;
(B) Following his or her return to work, as described in
section (A), the employee will work for a period equal to the period
the employee was in receipt of the parental allowance, in addition to the
period of time referred to in section 22.04(a)(iii)(B), if
applicable;
**
(C) should he or she fail to return to work in accordance with
section (A) or should he or she return to work but fail to work the
total period specified in section (B), for reasons other than
death, lay-off, early termination due to lack of work or discontinuance
of a function of a specified period of employment that would have been
sufficient to meet the obligations specified in section (B), or
having become disabled as defined in the Public Service
Superannuation Act, he or she will be indebted to the Employer for
an amount determined as follows:
| (allowance received) |
X |
(remaining period to be worked
following his/her return to work)
|
| |
|
[total period to be worked as
specified in (B)] |
however, an employee whose specified period of employment expired and
who is rehired 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).
(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) 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.
(d) At the employee's request, the payment referred to in
subparagraph 22.07(c)(i) will be estimated and advanced to the
employee. Adjustments will be made once the employee provides proof of
receipt of EI parental benefits.
(e) The parental allowance to which an employee is entitled is limited to
that provided in paragraph (c) and an employee will not be reimbursed for
any amount that he or she is required to repay pursuant to the Employment
Insurance Act.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the
day immediately preceding the commencement of maternity or parental leave
without pay;
(ii) for an employee who has been employed on a part-time or on a
combined full time and part-time basis during the six (6) month period
preceding the commencement of maternity or parental leave without pay, the
rate obtained by multiplying the weekly rate of pay in subparagraph (i)
by the fraction obtained by dividing the employee's straight time earnings
by the straight time earnings the employee would have earned working full
time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the
rate 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.
22.08
Special Parental Allowance for Totally Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in
subparagraph 22.07(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 22.07(a), other than those specified in sections (A) and
(B) of subparagraph 22.07(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 22.07 for a combined period of no more than the number of weeks
during which the employee would have been eligible for parental benefits
pursuant to Section 23 of the Employment Insurance Act, had the
employee not been disqualified from Employment Insurance parental benefits for
the reasons described in subparagraph (a)(i).
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.
22.09
Leave Without Pay for the Care and Nurturing of Pre-School Age Children
(a) Both parties recognize the importance of access to leave for the
purpose of care and nurturing of pre-school age children.
(b) An employee shall be granted leave without pay for the personal care
and nurturing of the employee's pre-school age children (including children
of common-law partner) in accordance with the following conditions:
(i) an employee shall notify the Employer in writing as far in advance as
possible but not less than four (4) weeks in advance of the commencement
date of such leave, unless because of an urgent or unforeseeable circumstance
such notice cannot be given;
(ii) leave granted under this Article shall be for a minimum period of
three (3) weeks;
(iii) 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;
(iv) leave granted for periods of one (1) year or less shall be scheduled
in a manner which ensures continued service delivery.
(c) 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.
22.10
Leave Without Pay for the Long-Term Care of a Parent
(a) Both parties recognize the importance of access to leave for the
purpose of long-term care of a parent.
(b) An employee shall be granted leave without pay for the long-term
personal care of the employee's parents, including step-parents or foster
parents, in accordance with the following conditions:
(i) an employee shall notify the Employer in writing as far in advance as
possible but not less than four (4) weeks in advance of the
commencement date of such leave, unless because of an urgent or
unforeseeable circumstance such notice cannot be given;
(ii) leave granted under this Article shall be for a minimum period of
three (3) weeks;
(iii) 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;
(iv) leave granted for periods of one (1) year or less shall be
scheduled in a manner which ensures continued service delivery.
(c) 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.
22.11
Leave Without Pay for Personal Needs
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, 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 "service" for the purpose
of calculating vacation leave. Time spent on such leave shall not be counted
for pay increment purposes;
(e) leave without pay granted under (b) of this clause shall be
deducted from the calculation of "continuous employment" for the
purpose of calculating severance pay and "service" for the purpose
of calculating vacation leave for the employee involved. Time spent on such
leave shall not be counted for pay increment purposes.
22.12
Leave Without Pay for Relocation of Spouse
(a) At the request of an employee, leave without pay for a period of up to
one (1) year shall be granted to an employee whose spouse is permanently
relocated and up to five (5) years to an employee whose spouse is
temporarily relocated.
(b) Leave without pay granted under this clause shall be deducted from the
calculation of "continuous employment" for the purpose of
calculating severance pay and "service" for the purpose of
calculating vacation leave for the employee involved, except where the period
of such leave is less than three (3) months. Time spent on such leave
which is for a period of more than three (3) months shall not be counted
for pay increment purposes.
22.13
Leave with Pay for Family-Related Responsibilities
(a) For the purpose of this clause, family is defined as spouse (or
common-law partner resident with the employee), children (including foster
children and children of spouse or common-law partner), parents
(including step-parents or foster parents), or any relative permanently
residing in the employee's household or with whom the employee permanently
resides.
(b) The total leave with pay which may be granted under this clause shall
not exceed thirty seven decimal five (37.5) hours in a fiscal year.
**
(c) Subject to paragraph (b), the Employer shall grant leave with
pay under the following circumstances:
(i) 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;
(ii) 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) to provide for the immediate and temporary care of an elderly
member of the employee's family;
(iv) for needs directly related to the birth or to the adoption of the
employee's child.
**
(d) Where, in respect of any period of compensatory leave, an employee is
granted leave with pay for illness in the family under
sub-paragraph (c)(ii) above, on production of a medical certificate,
the period of compensatory leave so displaced shall either be added to the
compensatory leave period, if requested by the employee and approved by the
Employer, or reinstated for use at a later date.
22.14
Court Leave
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.
22.15
Injury-On-Duty Leave
An employee shall be granted injury-on-duty leave with pay for such period as
may be reasonably 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 accidentally received in the performance of his or
her duties and not caused by the employee's 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 of Canada any amount
received by him or her 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.
22.16
Personnel Selection Leave
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.
22.17
Leave With or Without Pay for Other Reasons
(a) At its discretion, the Employer may grant:
(i) 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;
(ii) leave with or without pay for purposes other than those specified in
this Agreement.
**
(b) 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 seven
decimal five (7.5) hours 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.
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