47.01 Nothing in this agreement shall be construed as an
abridgement or restriction of any employee's constitutional rights or of any
right expressly conferred in an act of the Parliament of Canada.
48.01 The Employer will continue past practice in giving all
reasonable consideration to continued employment in the Public Service of
employees who would otherwise become redundant because work is contracted out.
49.01 An employee who is pregnant or nursing may, during the
period from the beginning of pregnancy to the end of the twenty-fourth (24th)
week following the birth, request the Employer to modify her job functions or
reassign her to another job if, by reason of the pregnancy or nursing,
continuing any of her current functions may pose a risk to her health or that of
the foetus or child.
49.02 An employee's request under 49.01 must be accompanied
or followed as soon as possible by a medical certificate indicating the expected
duration of the potential risk and the activities or conditions to avoid in
order to eliminate the risk. Dependent upon the particular circumstances of the
request, the Employer may obtain an independent medical opinion.
49.03 An employee who has made a request under 49.01 is
entitled to continue in her current job while the Employer examines her request,
but, if the risk posed by continuing any of her job functions so requires, she
is entitled to be immediately assigned alternative duties until such time as the
Employer:
(a) modifies her job functions or reassigns her,
or
(b) informs her in writing that it is not reasonably practicable to modify
her job functions or reassign her.
49.04 Where reasonably practicable, the Employer shall
modify the employee's job functions or reassign her.
49.05 Where the Employer concludes that a modification of
job functions or a reassignment that would avoid the activities or conditions
indicated in the medical certificate is not reasonably practicable, the Employer
shall so inform the employee in writing and shall grant leave of absence without
pay to the employee for the duration of the risk as indicated in the medical
certificate. However, such leave shall end no later than twenty-four (24) weeks
after the birth.
49.06 An employee whose job functions have been modified,
who has been reassigned or who is on leave of absence shall give at least two
(2) weeks notice in writing to the Employer of any change in duration of the
risk or the inability as indicated in the medical certificate, unless there is a
valid reason why that notice cannot be given. Such notice must be accompanied by
a new medical certificate.
49.07 Notwithstanding 49.05, for an employee working in an
institution where she is in direct and regular contact with offenders, if the
Employer concludes that a modification of job functions or a reassignment that
would avoid the activities or conditions indicated in the medical certificate is
not reasonably practicable, the Employer shall so inform the employee in writing
and shall grant leave of absence with pay to the employee for the duration of
the risk as indicated in the medical certificate. However, such leave shall end
no later than at the time the employee proceeds on Maternity Leave Without Pay
or the termination date of the pregnancy, whichever comes first.
50.01 The Employer shall make every reasonable effort to
accommodate an employee who requests time off to fulfill his or her religious
obligations.
50.02 Employees may, in accordance with the provisions of
this Agreement, request annual leave, compensatory leave, leave without pay for
other reasons or a shift exchange (in the case of a shift worker) in order to
fulfill their religious obligations.
50.03 Notwithstanding 50.02, at the request of the employee
and at the discretion of the Employer, time off with pay may be granted to the
employee in order to fulfill his or her religious obligations. The number of
hours with pay so granted must be made up hour for hour within a period of six
(6) months, at times agreed to by the Employer. Hours worked as a result of time
off granted under this article shall not be compensated nor should they result
in any additional payments by the Employer.
50.04 An employee who intends to request leave or time off
under this article must give notice to the Employer as far in advance as
possible but no later than four (4) weeks before the requested period of
absence.
51.01 Up to half (1/2) a day of reasonable time off with pay
will be granted to pregnant employees for the purpose of attending routine
medical appointments.
51.02 Where a series of continuing appointments are
necessary for the treatment of a particular condition relating to the pregnancy,
absences shall be charged to sick leave.
52.01 This Agreement may be amended by mutual consent.
**
53.01 This collective agreement shall expire on 21 June
2007.
53.02 Unless otherwise expressly stipulated, the provisions
of this agreement shall become effective on the date it is signed.
SIGNED AT OTTAWA, this 14th day of the month of August 2006.
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TREASURY BOARD
OF CANADA
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CANADIAN ASSOCIATION
OF PROFESSIONAL
EMPLOYEES
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