18.01 Credits
(a) An employee who has earned at least ten (10) days' pay for each calendar
month of a fiscal year shall earn annual leave at the following rates:
(i) 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);
(ii) 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);
(iii) 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);
(iv) 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);
(v) 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);
(vi) 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);
(vii) 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-eight (28th) year of service occurs
(thirty (30) days per year).
(b) For the purpose of paragraph (a) only, all service within the Public
Service, whether continuous or discontinuous, shall count toward annual 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 (1) year following the date of lay-off.
18.02 Granting of Annual Leave
(a) In granting annual leave with pay to an employee the Employer shall,
subject to the operational requirements of the service, make every reasonable
effort:
(i) to schedule the employee's annual leave during the fiscal year in which
it is earned if so requested by the employee before May 1;
(ii) to schedule the annual leave for at least two (2) consecutive weeks,
if so requested by the employee before May 1;
(iii) to comply with any request made by an employee before January 31 that
he be permitted to use in the following fiscal year any period of annual leave
of four (4) days or more earned by him in the current year;
(iv) to schedule annual leave when specified by the employee if the period
of annual leave requested is less than a week, and if the employee gives the
Employer at least two (2) days' advance notice for each day of annual leave
requested.
(b) The Employer may for good and sufficient reason grant annual leave on
shorter notice than that provided for in paragraph (a).
(c) During his first six (6) months of continuous employment, an employee is
only entitled to annual leave with pay to the extent of his earned credits.
(d) An employee with six (6) months of continuous employment may take in
advance a number of days of annual leave equal to the credits he is expected to
earn during the year in question.
18.03 Displacement of Annual Leave
(a) If, during any period of annual leave, an employee is granted bereavement
leave or leave with pay for illness in the immediate family, the period of
annual leave will be displaced.
(b) Sick leave, on production of a medical certificate, can displace annual
leave for any period in excess of one (1) day of sickness per week of annual
leave.
The period of annual leave displaced in accordance with paragraphs (a) and
(b) of this clause shall either be added to the annual leave period if requested
by the employee and approved by the Employer or reinstated for use at a later
date.
18.04 Carry-over, Exhaustion and Conversion of Annual Leave
(a) Employees must normally take all of their annual leave during the fiscal
year in which it is earned.
(b) Where in any fiscal year, an employee has not been granted all of the
annual leave credited to him, the unused portion of his annual leave shall be
carried over into the following year, except that the unused portion of annual
leave in excess of thirty (30) days 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 which applied to the employee on the last day of the
preceding fiscal year.
(c) Upon written application by the employee and approval by the Employer,
earned but unused annual leave credits of less than thirty (30) days shall be
converted to cash. The amount shall be calculated by multiplying the number of
days to which the unused portion of annual leave credits correspond by the daily
rate of pay which applied to the employee on the last day of the preceding
fiscal year.
18.05 Recall from Annual Leave
(a) Where operational requirements permit, the Employer shall make every
reasonable effort not to recall an employee to duty after he has proceeded on
annual leave.
(b) Where, during any period of annual leave, an employee is recalled to
duty, he shall be reimbursed for reasonable expenses, as normally defined by the
Employer, that he incurs:
(i) in proceeding to his place of duty,
and
(ii) in returning to the place from which he was recalled if he immediately
resumes his annual leave upon completing the assignment for which he was
recalled,
after submitting such accounts as are normally required by the Employer.
(c) The employee shall not be considered as being on annual leave during any
period in respect of which he is entitled under paragraph (b) to be reimbursed
for reasonable expenses incurred by him.
18.06 Cancellation of Annual Leave
When the Employer cancels or alters a period of annual 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, when available, to the Employer.
18.07 Conversion of Annual Leave Credits to Cash when Employment Terminates
(a) Upon termination of employment, the employee shall receive an amount
equal to the product obtained by multiplying the number of days of earned but
unused annual leave by the daily rate of pay which applied to the employee on
the day on which his employment was terminated. Where an employee dies, this
amount will be paid to his estate.
(b) Notwithstanding paragraph (a), an employee whose employment is terminated
by reason of a declaration that he abandoned his position is entitled to receive
the payment referred to in paragraph (a) if he requests it within six (6) months
following the date upon which his employment is terminated.
**
(c) Notwithstanding paragraph (a), an employee who resigns to accept an
appointment with a separate Employer covered by Schedule V of the Financial
Administration Act may choose not to be paid for his earned but unused
annual leave, provided that the separate Employer agrees to accept such credits.
18.08 Advance Payments
(a) The Employer agrees to issue, prior to departure, advance payments of
estimated net salary for authorized annual leave 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 annual leave period commences.
(b) 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.
18.09 Complementary Leave Without Pay
(a) If an employee has used all the annual, parliamentary and interpretation
leave credits to which he is entitled in the year, the Employer may at its
discretion grant the employee, during the current fiscal year, a maximum of ten
(10) days of complementary leave without pay, to be taken consecutively or
otherwise.
(b) The employee shall give two (2) days' advance notice for each day of
complementary leave without pay requested.
(c) The Employer may for good and sufficient reason grant complementary leave
without pay on shorter notice than that provided for in paragraph (b).
(d) An employee may not take complementary leave without pay during his first
six (6) months of continuous employment.
**
18.10
(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 18.01(b).
(b) Transitional Provisions
Effective on June 29, 2006, the employee with more than two (2) years of
service, as defined in paragraph 18.01(b), 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 18.10(a) and (b) above
shall be excluded from the application of paragraph 18.04 dealing with the
Carry-over and/or Liquidation of Vacation Leave.
19.01 Parliamentary Leave and Interpretation Leave
(a)
(i) In addition to their annual leave, employees assigned to parliamentary
service and who are normally required to perform work days of varying length
with irregular hours shall receive special compensation in the form of
parliamentary leave prorated to the number of days worked by the employee for
the Employer during the fiscal year.
(ii) Employees assigned to parliamentary service and who normally translate
documents other than the debates of the House of Commons and of the Senate are
subject to Article 19 on the same basis as employees contemplated by
sub-paragraph (i) regardless of the hours of work set by the Employer.
(iii) In addition to their annual leave, interpreters assigned to the
interpretation of conferences in both official languages shall receive special
compensation in the form of interpretation leave prorated to the number of
days worked by the interpreter for the Employer during the fiscal year.
(iv) Notwithstanding the provisions of paragraph 19.01(a), an employee at
the TR-1 level assigned to the parliamentary service or to the interpretation
of conferences in both official languages within the context of an Employer's
training program for parliamentary translation or interpretation is only
covered by this article during the second (2nd) year of said
program. During the first (1st) year of the training program
he is subject to those provisions of the agreement that do not apply to
employees covered by the present article.
(b) The maximum number of days of parliamentary or interpretation leave is
forty (40) per fiscal year, except in the case of employees with more than
twelve (12) years of employment in parliamentary service or in
interpretation in both (2) official languages, in which case the maximum is
fifty (50) days per fiscal year, and except in the case of TR-1 employees
mentioned in (iv) above, in which case the maximum is twenty (20) days per
fiscal year.
(c) An employee is entitled to the maximum number of days of parliamentary or
interpretation leave if, during the fiscal year, he has worked a minimum number
of days obtained by subtracting from two hundred and sixty-one (261) days the
number of designated paid holidays, the number of annual and parliamentary or
interpretation leave credits carried over and the maximum number of annual and
parliamentary or interpretation leave credits for which the employee is normally
eligible for the current fiscal year.
(d) The granting of parliamentary or interpretation leave is subject to
operational requirements and such leave must normally be taken during periods of
low demand in the fiscal year for which it is granted. If operational
requirements do not permit the Employer to grant parliamentary or interpretation
leave during the fiscal year, such leave must be granted before the end of the
following fiscal year.
(e) If an employee is granted parliamentary or interpretation leave in
advance and, at the end of the fiscal year, has been granted more leave of this
type than earned, the maximum number of days referred to in paragraph (b) shall
be reduced accordingly.
(f) Where operational requirements permit, the Employer shall make every
reasonable effort to grant an employee entitled under this clause, once per
fiscal year, a period of eight (8) consecutive weeks of parliamentary or
interpretation leave or a combination of such leave and annual leave.
19.02 Call Back from Parliamentary Leave or Interpretation Leave
(a) Where operational requirements permit, the Employer shall make every
reasonable effort not to call back an employee once he is on parliamentary leave
or interpretation leave.
(b) When an employee is called back to work, during any period of his
parliamentary or his interpretation leave, he shall be reimbursed reasonable
expenses, as usually defined by the Employer, incurred by him:
(i) to go to his work location,
and
(ii) to return to the point whence he was called back if he resumes his
leave immediately after performing the duties for which he was called back,
subject to submitting vouchers usually required by the Employer.
(c) An employee shall not be considered as being on parliamentary or
interpretation leave during any period entitling him, under the provisions of
paragraph (b), to the repayment of reasonable expenses incurred by him.
**
19.03 Meal at Debates
The Employer agrees to provide a meal to Debates employees when the Senate
and the House of Commons sit for a combined total of more than thirteen (13)
hours; if no meal is provided, the Employer shall pay employees a meal allowance
of $10.50.
20.01 Credits
(a) An employee shall earn sick leave credits at the rate of one and
one-quarter (1 1/4) days for each calendar month for which he receives
pay for at least ten (10) days.
(b) An employee working shifts shall earn additional sick leave credits at
the rate of one-sixth (1/6) of a day for each calendar month during which he
works shifts and receives pay for at least ten (10) days. Such credits shall not
be carried over in the next fiscal year and are available only if the employee
has already used fifteen (15) sick leave credits during the current fiscal year.
20.02 Granting of Sick Leave
(a) An employee shall be granted sick leave with pay when he is unable to
perform his duties because of illness or injury provided that:
(i) he satisfies the Employer of this condition in such a manner and at
such a time as may be determined by the Employer,
and
(ii) he has the necessary sick leave credits.
(b) Unless the employee is otherwise informed by the Employer, a statement
signed by him stating that because of this illness or injury he was unable to
perform his duties shall, when delivered to the Employer, be considered as
meeting the requirements of sub-paragraph (i).
(c) An employee shall not be granted sick leave with pay during any period in
which he is on leave without pay, or under suspension.
**
20.03 Advance of Credits
(a) When an employee has insufficient or no credits to cover the granting of
sick leave with pay under the provisions of clause 20.02, advanced sick leave
with pay may, at the discretion of the Employer, be granted to an employee to
cover one or several periods of sick leave for a total overdraft of twenty-five
(25) days, subject to the deduction of such advanced leave from any sick leave
credits subsequently earned.
(b) 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, and the number of days of injury-on-duty leave granted is
added back to his sick leave credits.
20.04 Reinstatement of Credits
Sick leave credits earned but unused by an employee who was terminated by
reason of layoff shall be restored if the employee is reappointed in the Public
Service within two (2) years from the date of layoff.
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