**
(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, paternity or adoption benefits under the Employment
Insurance or the Québec Parental Insurance Plan in respect of insurable
employment with the Employer,
and
(iii) has signed an agreement with the Employer stating that:
(A) 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 21.04(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 Core Public Administration as specified in
the Public Service Labour Relations Act within a period of ninety (90)
days or less is not indebted for the amount if his or her new period of
employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with
pay shall count as time worked. Periods of leave without pay during the
employee's return to work will not be counted as time worked but shall interrupt
the period referred to in section (a)(iii)(B), without activating the recovery
provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will
consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks
before receiving Employment Insurance parental benefits, ninety-three per cent
(93%) of his/her weekly rate of pay, for each week of the waiting period, less
any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity
benefits under the Employment Insurance or the Québec Parental Insurance
Plan, he or she is eligible to receive the difference between ninety-three per
cent (93%) of his or her weekly rate of pay and the parental, adoption or
paternity benefit, less any other monies earned during this period which may
result in a decrease in his/her parental, adoption or paternity benefit to
which he or she would have been eligible if no extra monies had been earned
during this period;
(iii) where an employee has received the full eighteen (18) weeks of
maternity benefit and the full thirty-two (32) weeks of parental benefit under
the Québec Parental Insurance Plan and thereafter remains on parental leave
without pay, she is eligible to receive a further parental allowance for a
period of two (2) weeks, ninety-three per cent (93%) of her weekly rate of pay
for each week, less any other monies earned during this period.
(d) At the employee's request, the payment referred to in subparagraph
21.07(c)(i) will be estimated and advanced to the employee. Adjustments will be
made once the employee provides proof of receipt of Employment Insurance or
Québec Parental Insurance Plan parental benefits.
(e) The parental allowance to which an employee is entitled is limited to
that provided in paragraph (c) and an employee will not be reimbursed for any
amount that he or she is required to repay pursuant to the Employment
Insurance Act or the Parental Insurance Act in Québec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day
immediately preceding the commencement of maternity or parental leave without
pay;
(ii) for an employee who has been employed on a part-time or on a combined
full-time and part-time basis during the six (6) month period preceding the
commencement of maternity or parental leave without pay, the rate obtained by
multiplying the weekly rate of pay in subparagraph (i) by the fraction
obtained by dividing the employee's straight time earnings by the straight
time earnings the employee would have earned working full-time during such
period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate 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.
(k) The maximum combined maternity and parental allowances payable under this
collective agreement shall not exceed fifty-two (52) weeks for each combined
maternity and parental leave without pay.
**
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in subparagraph
21.07(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 or Québec Parental Insurance Plan benefits;
and
(ii) has satisfied all of the other eligibility criteria specified in
paragraph 21.07(a), other than those specified in sections (A) and (B) of
subparagraph 21.07(a)(iii);
shall be paid, in respect of each week of benefits under the parental
allowance not received for the reason described in subparagraph 21.08(a)(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 21.07 for a combined period of no more than the number of weeks during which the
employee would have been eligible for parental, paternity or adoption benefits
under the Employment Insurance or the Québec Parental Insurance Plan, had the
employee not been disqualified from Employment Insurance or Québec Parental
Insurance Plan benefits for the reasons described in subparagraph 21.08(a)(i).
Subject to operational requirements, an employee shall be granted leave
without pay for the care of immediate family in accordance with the following
conditions:
(a) For the purpose of this clause, family is defined as spouse (or
common-law partner resident with the employee), children (including foster
children or children of spouse or common-law partner) parents (including
stepparents or foster parent) or any relative permanently residing in the
employee's household or with whom the employee permanently resides.
(b) Subject to paragraph (a), up to five (5) years leave without pay during
an employee's total period of employment in the Public Service may be granted
for the personal long-term care of the employee's family or for the care of a
dying family member. Leave granted under this paragraph shall be for a minimum
period of three (3) weeks.
(c) An employee shall notify the Employer in writing as far in advance as
possible but not less than four (4) weeks in advance of the commencement date of
such leave, unless, because of urgent or unforeseeable circumstances, such
notice cannot be given.
(d) At the request of an employee and with the approval of the Employer, an
employee who has proceeded on leave without pay may change his or her return to
work date.
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. 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.
(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 twice
under each of sub-clause (a) and (b) during the employee's total period of
employment in the Public Service. The second period of leave under each
sub-clause can be granted provided that the employee has remained in the Public
Service for a period of ten (10) years subsequent to the expiration of the first
period of leave under the relevant sub-clause.
(d) Leave without pay granted under this clause may not be used in
combination with maternity or parental leave without the consent of the
Employer.
(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.
(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), parents of spouse or common law partner,
grandparents, or any relative permanently residing in the employee's household
or with whom the employee permanently resides.
(b) The Employer shall grant leave with pay under the following
circumstances:
(i) 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.
(c) The total leave with pay which may be granted under sub-paragraphs
(b)(i), (ii), (iii) and (iv) shall not exceed thirty-seven decimal five (37.5)
hours in a fiscal year.
Leave with pay shall be granted to every employee, who is required:
(a) to serve on a jury or to be available for jury selection;
and
(b) 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,
and
(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.
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.
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 PSLRA, 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. This clause applies equally in respect of the personnel
selection processes related to deployment.
(a) 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.
(b) The leave shall be scheduled at a time convenient to both the employee
and the Employer. Nevertheless, the Employer shall make every reasonable effort
to grant the leave at such time as the employee may request.
At its discretion, the Employer may grant:
(a) leave with pay when circumstances not directly attributable to the
employee prevent his or her reporting for duty. Such leave shall not be
unreasonably withheld;
(b) leave with or without pay for purposes other than those specified in this
Agreement.
|
