Credits
22.01 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.
Granting of Sick Leave
22.02 An employee shall be granted sick leave with pay when
the employee is unable to perform his or her duties because of illness or injury
provided that:
(a) the employee satisfies the Employer of this condition in such a manner
and at such a time as may be determined by the Employer,
and
(b) the employee has the necessary sick leave credits.
22.03 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 clause 22.02(a).
22.04 When an employee has insufficient or no credits to
cover the granting of sick leave with pay under the provisions of clause 22.02,
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.
22.05 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.
22.06 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.
22.07 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.
22.08 The Employer agrees that an employee recommended for
termination for cause pursuant to Section 11(2)(g) of the Financial
Administration Act for reasons of incapacity 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.
23.01 Education Leave
(a) An employee may be granted education leave without pay for varying
periods up to one (1) year, which can be renewed by mutual agreement, to attend
a recognized institution for additional or special studies in some field of
education in which special preparation is needed to enable the employee to fill
his or her present role more adequately, or to undertake studies in some field
in order to provide a service which the Employer requires or is planning to
provide.
(b) An employee on education leave under this clause shall receive allowances
in lieu of salary equivalent of up to one hundred per cent (100%) of the
employee's basic salary provided that where the employee receives a grant,
bursary or scholarship, the education leave allowance may be reduced. In such
cases, the amount of the reduction shall not exceed the amount of the grant,
bursary or scholarship.
(c) Any allowance already being received by the employee and not part of the
employee's basic salary shall not be used in the calculation of the education
leave allowance.
(d) Allowances already being received by the employee may at the discretion
of the Employer be continued during the period of the education leave and the
employee shall be notified when the leave is approved whether such allowances
are to be continued in whole or in part.
(e) As a condition to the granting of education leave, an employee shall, if
required, give a written undertaking prior to the commencement of the leave to
return to the service of the Employer for a period of not less than the period
of the leave granted. If the employee, except with the permission of the
Employer,
(i) fails to complete the course,
(ii) does not resume employment with the Employer on completion of the
course,
or
(iii) ceases to be employed before termination of the period the employee
has undertaken to serve after completion of the course,
he or she shall repay the Employer all allowances paid to him or her under
this clause during the education leave or such lesser sum as shall be determined
by the Employer.
23.02 Attendance at Conferences and Conventions
(a) The parties to this Agreement recognize that the attendance or
participation at conferences, conventions, symposia, workshops and other
gatherings of a similar nature contributes to the maintenance of high
professional standards.
(b) An employee shall have the opportunity, subject to operational
requirements, to attend a reasonable number of conferences or conventions
related to the employee's field of specialization in order to benefit from an
exchange of knowledge and experience with the employee's professional
colleagues. The Employer may grant leave with pay and reasonable expenses,
including registration fees, to attend such gatherings, subject to budgetary
constraints as determined by the Employer.
(c) An employee who attends a conference or convention at the request of the
Employer to represent the interests of the Employer shall be deemed to be on
duty and, as required, in travel status. The Employer shall pay the registration
fees of the conference or convention that the employee is required to attend.
(d) An employee invited to participate in a conference or convention in an
official capacity such as to present a formal address or to give a course
related to the employee's field of employment, may be granted leave with pay for
this purpose and may, in addition, be reimbursed for his or her payment of
registration fees and reasonable travel expenses.
(e) An employee shall not be entitled to any compensation under Article 28,
Hours of Work and Overtime, in respect of hours the employee is in attendance at
a conference or convention under the provisions of this clause.
(f) Compensation shall not be paid under Article 30, Travelling Time, in
respect of hours travelling to or from a conference or convention under the
provisions of this clause, unless the employee is required to attend by the
Employer.
23.03 Professional Development
(a) Because the parties to this Agreement share a desire to improve
professional standards, employees may be given the opportunity on occasion
subject to operational and budgetary constraints:
(i) to participate in seminars, workshops, courses or similar out-service
programs to keep up to date with knowledge and skills in their respective
fields,
(ii) to conduct research or to perform work related to their normal
research programs in institutions or locations other than those of the
Employer,
or
(iii) to carry out research in the employee's field of specialization not
specifically related to the employee's assigned work projects when in the
opinion of the Employer such research is needed to enable the employee to fill
his or her present role more adequately.
(b) An employee may apply at any time for professional development under this
clause, and the Employer may select an employee at any time for such
professional development.
(c) When an employee is selected by the Employer for professional development
under this clause the Employer will consult with the employee before determining
the location and duration of the program of work or studies to be undertaken.
(d) An employee selected for professional development under this clause will
continue to receive his or her normal compensation including any increase for
which the employee may become eligible. The employee shall not be entitled to
any compensation under Articles 28, Hours of Work and Overtime, and 30,
Travelling Time, while on professional development under this clause.
(e) An employee on professional development under this clause may be
reimbursed for reasonable travel expenses and such other additional expenses as
the Employer deems appropriate.
(f) The Employer will ensure the availability for office use of such
professional publications as are related to the employees' fields of
specialization.
23.04 Consultation
The parties to this Agreement acknowledge the mutual benefits to be derived
from consultation on Career Development, and agree to consult on this issue at
the departmental and local union level, subject to the provisions of Article 38,
Joint Consultation.
23.05 Examination Leave
Leave with pay to write examinations may be granted by the Employer to an
employee who is not on educational leave. Such leave will be granted only where,
in the opinion of the Employer, the course of study is directly related to the
employee's duties or will improve the employee's qualifications.
24.01 The vacation year shall be from April 1st
to March 31st of the following calendar year, inclusive.
Accumulation of Vacation Leave Credits
24.02 An employee shall earn vacation leave credits at the
following rate for each calendar month during which the employee receives pay
for at least ten (10) days:
(a) nine decimal three seven five (9.375) hours at the employee's
straight-time hourly rate until the month in which the anniversary of the
employee's eighth (8th) year of service occurs; (fifteen (15) days per year)
(b) twelve decimal five (12.5) hours at the employee's straight-time hourly
rate commencing with the month in which the anniversary of the employee's eighth
(8th) year of service occurs; (twenty (20) days per year)
(c) thirteen decimal seven five (13.75) hours at the employee's straight-time
hourly rate commencing with the month in which the anniversary of the employee's
sixteenth (16th) year of service occurs; (twenty-two (22) days per
year)
(d) fourteen decimal three seven five (14.375) hours at the employee's
straight-time hourly rate commencing with the month in which the anniversary of
the employee's seventeenth (17th) year of service occurs;
(twenty-three (23) days per year)
(e) fifteen decimal six two five (15.625) hours at the employee's
straight-time hourly rate commencing with the month in which the anniversary of
the employee's eighteen (18th) year of service occurs; (twenty-five
(25) days per year)
(f) sixteen decimal eight seven five (16.875) hours at the employee's
straight-time hourly rate commencing with the month in which the anniversary of
the employee's twenty-seventh (27th) year of service occurs;
(twenty-seven (27) days per year)
(g) eighteen decimal seven five (18.75) hours at the employee's straight-time
hourly rate commencing with the month in which the anniversary of the employee's
twenty-eighth (28th) year of service occurs; (thirty (30) days per
year)
(h) leave will be scheduled on an hourly basis with the hours debited for
each day of vacation leave being the same as the hours the employee would have
been scheduled to work on that day or portion thereof;
(i) for the purpose of clause 24.02 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;
(j) Notwithstanding (i) above, an employee who was a member of the SI
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 SI 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
24.03 An employee is entitled to vacation leave with pay to
the extent of the employee's earned credits. 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
24.04 The Employer reserves the right to schedule an
employee's vacation leave but shall make reasonable effort:
(a) to grant an employee's vacation leave in an amount and at such time as
the employee may request;
(b) to ensure that approval of an employee's request for vacation leave is
not unreasonably denied;
(c) to schedule vacation leave on an equitable basis and when there is no
conflict with the interests of the Employer or the other employees, according to
the wishes of the employee.
24.05 The Employer shall give an employee as much notice as
is practicable and reasonable of approval, denial or cancellation of a request
for vacation or furlough leave. In the case of denial, alteration or
cancellation of such leave, the Employer shall give the written reason thereof,
upon written request from the employee.
24.06 Where in respect of any period of vacation leave, an
employee is granted:
(a) bereavement leave with pay,
or
(b) leave with pay because of illness in the immediate family,
or
(c) is granted sick leave on production of a medical certificate,
the period of vacation leave 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.
Carry-Over of Vacation Leave
24.07
(a) Employees with leave credits in excess of two hundred and sixty-two
decimal five (262.5) hours either on 31 March 2000 or upon becoming a member of
the bargaining unit.
(i) An employee who as of 31 March 2000, had accumulated annual leave in
excess of two hundred and sixty-two decimal five (262.5) hours, shall
liquidate the excess annual leave at a rate of twenty per cent (20%) in each
subsequent vacation year, until all leave in excess of two hundred and
sixty-two decimal five (262.5) hours has been eliminated.
(ii) In the case of an individual who became or becomes a member of the
bargaining unit after 31 March 2000, and who has, at the end of the vacation
year during which he or she became a member, accumulated annual leave in
excess of two hundred and sixty-two decimal five (262.5) hours, he or she
shall liquidate the excess annual leave at a rate of twenty per cent (20%) in
each subsequent vacation year, until all leave in excess of two hundred and
sixty-two decimal five (262.5) hours has been eliminated.
(iii) In calculating the amount to be liquidated under (i) or (ii), should
the calculation result in a fraction of an hour, that number shall be rounded
to the nearest half-hour.
(iv) An employee subject to (i) or (ii) who has not, at the end of the
vacation year, used the excess annual vacation leave required to be liquidated
shall be paid in cash at the employee's daily rate of pay as calculated from
the classification prescribed in the employee's certificate of appointment of
the employee's substantive position on the last day of the vacation year, for
that portion of the twenty per cent (20%) of excess annual leave which was not
used.
(v) An employee liquidating leave under (i) or (ii), shall use before the
end of the vacation year, all vacation leave earned within a vacation year, or
it will be paid in cash at the employee's daily rate of pay as calculated from
the classification prescribed in the employee's certificate of appointment of
the employee's substantive position on the last day of the vacation year.
(vi) An employee liquidating leave under (i) or (ii) shall carry over into
the following vacation year earned but unused vacation leave credits up to a
maximum of two hundred and sixty-two decimal five (262.5) hours plus the
portion of excess annual leave that was not required to be liquidated under
(i) or (ii).
(b) Employees with leave credits not in excess of two hundred and sixty-two
decimal five (262.5) hours either on 31 March 2000 or upon becoming a member of
the bargaining unit.
An employee who has earned vacation leave credits which have not been used,
shall carry over into the following vacation year earned but unused vacation
leave credits up to a maximum of two hundred and sixty-two decimal five (262.5)
hours. All vacation leave credits in excess of two hundred and sixty-two decimal
five hours (262.5) shall be paid in cash at the employee's daily rate of pay as
calculated from the classification prescribed in the employee's certificate of
appointment of the employee's substantive position on the last day of the
vacation year.
(c) Notwithstanding the maximum allowable carryover specified under
24.07(a)(vi) or 24.07(b), where the Employer cancels a period of vacation leave
which had been approved in writing or electronically, and which cannot be
scheduled before the end of the vacation year, the cancelled leave may, at the
request of the employee, be carried over and used in the next vacation year.
(d) Cashing leave credits during the vacation year
During any vacation year, upon application by the employee and at the
discretion of the Employer, earned but unused vacation leave credits shall be
paid in cash at the employee's daily rate of pay as calculated from the
classification prescribed in the employee's certificate of appointment of the
employee's substantive position on March 31st, of the previous
vacation year.
Recall from Vacation Leave With Pay
24.08
(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 or furlough 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 the 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 clause 24.08(b) to
be reimbursed for reasonable expenses incurred by the employee.
Leave When Employment Terminates
24.09 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 hours of earned but unused
vacation and furlough leave with pay to the employee's credit by the hourly rate
of pay as calculated from the classification prescribed in the employee's
certificate of appointment on the date of the termination of the employee's
employment, except that the Employer shall grant the employee any vacation and
furlough leave earned but not used by the employee before the employment is
terminated by lay-off if the employee so requests because of a requirement to
meet minimum continuous employment requirements for severance pay.
24.10 Notwithstanding clause 24.09, an employee whose
employment is terminated by reason of a declaration that the employee abandoned
his or her position is entitled to receive the payment referred to in clause
24.09, if the employee requests it within six (6) months following the date upon
which his or her employment is terminated.
Advance Payments
24.11 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.
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 of Vacation Leave
24.12 When the Employer cancels or alters a period of
vacation or furlough 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.
24.13 Upon request of the employee, the Employer shall grant
the employee his or her unused vacation leave credits prior to termination of
employment if this will enable the employee, for purposes of severance pay, to
complete the first (1st) year of continuous employment in the case of
lay-off, and the tenth (10th) year of continuous employment in the
case of resignation.
Appointment to a Separate Employer
**
24.14 Notwithstanding clause 24.09 an employee who resigns
to accept an appointment with an organization listed in Schedule V of the
Financial Administration Act may choose not to be paid for unused vacation
and furlough leave credits, provided that the appointing organization will
accept such credits.
Appointment from a Separate Employer
**
24.15 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 Schedule V of the Financial
Administration Act in order to take a position with the Employer if the
employee has chosen to have these credits transferred, provided that the
transferring organization is in agreement.
**
24.16
(a) The employee 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 paragraph 24.02(j).
(b) Transitional Provisions
Effective on August 14, 2006, the employee with more than two (2) years of
service, as defined in paragraph 24.02(j), 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 paragraphs 24.16(a) and (b) above
shall be excluded from the application of paragraph 24.07 dealing with the
Carry-over of Vacation Leave.
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