7.01 Day Work
**
(a) The normal work week shall be thirty-seven and one-half (37 1/2) hours and the normal work day shall be seven and
one-half (7 1/2) consecutive hours, exclusive of a lunch period, between the hours of 7:00 a.m. and 6:00 p.m. The normal
work week shall be Monday to Friday inclusive. The Employer will provide two (2) 15-minute health breaks in a full
working day except on occasions where operational requirements do not permit.
(b) Where normal hours are to be changed so that they are different from
those specified in paragraph 7.01(a) the Employer, in advance, except in cases
of emergency, will consult with the Institute on such hours of work, and in such
consultation, will show that such hours are required to meet the needs of the
public and/or the efficient operation of the Service.
7.02 Notwithstanding clause 7.01, the Employer may vary the
normal weekly and daily hours of work to allow for summer and winter hours,
provided the annual total is not changed.
7.03 An employee shall be granted two (2) consecutive days
of rest during each seven (7) day period unless operational requirements do not
so permit.
7.04 The representative of each of the parties hereto shall,
during the currency of this agreement, meet and consider the practicality of
instituting work schedules that vary from seven and one-half (7 1/2) hours per
day, Monday through Friday each week and/or vary from five (5) days per week.
The parties shall make every reasonable effort to establish mutually acceptable
work schedules that are consistent with operational requirements and shall
particularly consider any specific proposals made by an employee or employees.
If employees' requests for a variation in hours of work are consistent with the
needs of the operational requirements, then such requests shall be implemented.
Notwithstanding anything to the contrary contained in this Agreement, the
implementation of any variation in hours shall not result in any additional
overtime work or additional payment by reason only of such variation nor shall
it be deemed to prohibit the right of the Employer to schedule any hours of work
permitted by the terms of this Agreement.
7.05 For an employee who completes required hours of work
pursuant to clause 7.04, the agreement shall be administered as follows:
(a) Article 2, interpretation and definitions
Paragraph 2.01(d), "daily rate of pay", shall not apply.
(b) Article 12, Designated Paid Holidays
A designated paid holiday shall account for seven and one-half (7 1/2) hours.
(c) Article 13, Travelling Time
On a normal work day, overtime compensation referred to in paragraph 13.04(b)
shall only be applicable for hours in excess of the employee's scheduled daily
hours of work.
7.06 Shift Work
When, because of the operational requirements of the Service, hours of work
are scheduled for employees on a rotating or irregular basis, they shall be
scheduled so that employees:
(a) work an average of thirty-seven and one-half (37 1/2) hours per week
exclusive of meal breaks;
(b) obtain at least two (2) consecutive days of rest at any one time, except
when days of rest are separated by a designated paid holiday which is not
worked; the consecutive days of rest may be in separate calendar weeks.
7.07 Every reasonable effort shall be made by the employer
to consider the wishes of the employees concerned in the arrangement of shifts
within a shift schedule.
7.08 The Employer will make every reasonable effort:
(a) not to schedule the commencement of a shift within sixteen (16) hours of
the completion of the employee's previous shift;
(b) to avoid excessive fluctuation in hours of work;
(c) to post shift schedules at least twenty-one (21) days in advance.
7.09 The staffing, preparation, posting and administration
of shift schedules is the responsibility of the Employer.
7.10 The Employer shall set up a shift schedule, which shall
cover a period not exceeding two (2) months and not less than twenty-eight (28)
consecutive days.
7.11 Provided sufficient advance notice is given and with
the approval of the Employer, employees may exchange shifts if there is no
increase in cost to the Employer.
7.12
(a) If an employee is given less than seven (7) days' advance notice of a
change in the employee's shift schedule, the employee will receive compensation
at the rate of time and one half (1 1/2) for work performed on the first (1st)
shift changed. Subsequent shifts worked on the changed schedule shall be paid
for at straight time and every effort shall be made by the employer to ensure
that scheduled days of rest on the changed schedule are maintained.
(b) Notwithstanding paragraph 7.12(a),
(i) when a change in a shift schedule is required and the employee agrees
it is to the employee's benefit to change the shift schedule, the employee
shall be compensated at the straight-time rate for work performed in the first
(1st) shift changed;
and
(ii) when an employee requests and the employer agrees to change the
employee's shift schedule, the employee shall be paid at the straight time
rate for work performed on the first (1st) shift of the revised
shift schedule.
7.13 Where a new shift schedule has to be introduced by the
Employer or an existing shift schedule has to be modified, the Employer, in
advance, except in cases of emergency, will consult with the Institute on the
timing of such shifts.
7.14 For the purpose of this agreement, when an employee's
shift does not commence and end on the same day, such shift shall be deemed for
all purposes to have been entirely worked:
(a) on the day it commenced where half (1/2) or more of the hours worked fall
on that day;
or
(b) on the day it terminates where more than half (1/2) of the hours worked
fall on that day.
7.15 A meal period shall be scheduled as close to the
mid-point of the shift as possible. In the event that an employee is required by
the Employer to work through the meal period, such employee will be paid for the
meal period, at the applicable rate.
7.16 Where the Employer is considering the introduction of
shift work in a work unit, except in cases of emergency, the employer will
inform the Institute at least two (2) months in advance of the introduction of
the shift work arrangement.
7.17 General
Employees will submit monthly attendance registers; only hours of overtime
and absences need be specified.
7.18 Shift Principle
(a) When a full-time employee is required to attend one of the following
proceedings outside a period which extends before or beyond three (3) hours his
or her scheduled hours of work on a day during which he or she would be eligible
for a Shift Premium, the employee may request that his or her hours of work on
that day be scheduled between 7 a.m. and 6 p.m.; such request will be granted
provided there is no increase in cost to the Employer. In no case will the
employee be expected to report for work or lose regular pay without receiving at
least twelve (12) hours of rest between the time his or her attendance was no
longer required at the proceeding and the beginning of his or her next scheduled
work period.
**
(i) Public Service Labour Relations Board Proceedings
Clauses 29.01 and 29.02.
(ii) Contract Negotiation and Preparatory Contract Negotiation Meetings
Clauses 29.05 and 29.06.
(iii) Personnel Selection Process
Clause 17.14.
(iv) Training Courses, which the employee is required to attend by the
Employer.
(b) Notwithstanding paragraph (a), proceedings described in subparagraph (iv)
are not subject to the condition that there be no increase in cost to the
Employer.
8.01 An employee at Level CS-1, 2, 3 and 4 who is required
to work overtime shall be compensated as follows:
(a) on a normal work day at the rate of time and one-half (1 1/2) for the
first seven and one-half (7 1/2) overtime hours worked and double (2) time
thereafter;
(b) on days of rest at the rate of time and one-half (1 1/2) for the first
seven and one-half (7 1/2) overtime hours worked and double (2) time thereafter
except, that when an employee is required by the Employer to work on two (2) or
more consecutive and contiguous days of rest he shall be compensated on the
basis of double (2) time for all hours worked on the second (2nd) and
each subsequent day of rest;
(c) on a designated paid holiday, at the rate of time and one-half (1 1/2)
for the first seven and one-half (7 1/2) hours worked and double (2) time
thereafter;
or
(d) when an employee works on a holiday, which is not his scheduled day of
work, contiguous to a day of rest on which he also worked, he shall be
compensated on the basis of double (2) time for each hour worked;
(e) where an employee is required to work a continuous period of overtime
during which he becomes entitled to be paid at the double (2) time rate, the
employee will continue to be paid at that rate until the conclusion of the
overtime period;
(f) No employee will be required to work more than twenty-four (24)
continuous hours. An employee who works sixteen (16) or more continuous hours
shall receive a rest of at least twelve (12) hours before reporting back to
work.
8.02 Meal Allowance
(a) An employee who works three (3) or more hours of overtime before or
immediately following his normal hours of work shall be reimbursed his expenses
for one (1) meal in the amount of ten dollars and fifty cents ($10.50) except
where free meals are provided.
(b) When an employee works overtime continuously extending beyond the period
provided in (a) above, the employee shall be reimbursed for one (1) additional
meal in the amount of ten dollars and fifty cents ($10.50) for each additional
four (4)-hour period of overtime worked thereafter, except where free meals are
provided.
(c) Reasonable time with pay, to be determined by the Employer, shall be
allowed the employee in order that he may take a meal break either at or
adjacent to his place of work.
(d) This clause shall not apply to an employee who is in travel status that
entitles him to claim expenses for lodging and/or meals.
8.03 Reporting Pay
When an employee is required to report for work on a day of rest or a
designated paid holiday, he shall be paid the greater of:
(a)
(i) compensation at the applicable overtime rate,
or
(ii) compensation equivalent to four (4) hours' pay at his hourly rate of
pay, except that the minimum of four (4) hours' pay shall apply the first (1st)
time only an employee is required to report for work during a period of eight
(8) hours, starting with the employee's first (1st) reporting.
(b) If an employee is given instructions during his workday to work
non-contiguous overtime on that day and works such overtime, he shall be paid
for the time actually worked, or a minimum of two (2) hours' pay at straight
time, whichever is the greater.
General
8.04 Employees shall record starting and finishing times of
overtime work in a form determined by the Employer.
8.05 All calculations for overtime shall be based on each
completed period of fifteen (15) minutes.
8.06 Except in cases of emergency, call-back, or mutual
agreement, the Employer shall, wherever possible, give at least twelve (12)
hours' notice of any requirement for overtime.
8.07 The Employer will endeavour to make cash payments for
overtime in the month following the month in which the credits were granted.
8.08
(a) Upon application by the employee and at the discretion of the Employer,
compensation earned under this Article may be taken in the form of compensatory
leave at the applicable premium rate. The Employer reserves the right to direct
an employee to take accumulated leave provided he first makes every reasonable
effort to grant such leave in such amounts and at such times as the employee may
request.
**
(b) All compensatory leave, earned under this Article and/or Articles 9,
Call-Back, 10, Stand-By, 13, Travelling Time, in excess of thirty-seven and
one-half (37 1/2) hours outstanding at the end of the fiscal year, and unused by
September 30 of the next fiscal year, shall be paid in cash on September 30 at
the employee's hourly rate of pay on March 31. An employee may elect to carry
over into the next fiscal year up to a maximum of thirty-seven and one-half (37
1/2) hours of unused compensatory leave.
8.09 When, in a situation involving overtime, an employee is
required to report to work before public transportation services have commenced,
or to remain at work or to return to work after normal transportation services
have been suspended, the use of a taxi or the payment of a mileage rate, as
appropriate, shall be authorized from the employee's residence to the workplace
and/or return if necessary.
8.10 Equitable Distribution of Overtime
Subject to the operational requirements of the service, the Employer shall
make every reasonable effort to allocate overtime work on an equitable basis
among readily available qualified employees.
9.01 When an employee, after having completed his normal
hours of work, has left his place of work and prior to reporting for his next
regular scheduled work period, is called back to work for a period of
non-contiguous overtime, he shall be entitled to the greater of:
(a) compensation equivalent to three (3) hours' pay at the applicable rate
for overtime;
(b) compensation at the applicable rate for his overtime worked.
9.02 Compensation earned under this article may be taken in
the form of compensatory leave subject to clause 8.08 of Article 8, Overtime.
9.03 When an employee is called back to work under the
conditions described in clause 9.01 and is required to use transportation
services other than normal public transportation services, he shall be
reimbursed for reasonable expenses incurred as follows:
(a) mileage allowance at the rate normally paid by the Employer where the
employee travels by means of his own automobile;
or
(b) out-of-pocket expense for other means of commercial transportation.
Time spent by the employee called back to work or returning to his residence
shall not constitute time worked.
10.01 When the Employer requires an employee to be available
on stand-by during off duty hours, an employee shall be compensated at the rate
of one-half (1/2) hour for each four (4) hour period or portion thereof for
which he has been designated as being on stand-by duty.
**
10.02 An employee shall be designated by letter or by list
for stand-by duty and shall be available during his period of stand-by at a
known telephone number and be able to return for duty as quickly as possible if
called. In designating employees for stand-by duty the Employer will endeavour
to provide for the equitable distribution of stand-by duties.
10.03 No stand-by duty payment shall be granted if an
employee is unable to report for duty when required.
10.04 An employee on stand-by duty who is required to report
for work shall be paid, in addition to the stand-by pay, the greater of:
(a) the applicable overtime rate for the time worked;
or
(b) the minimum of three (3) hours' pay at the applicable rate for overtime;
except that this minimum shall only apply once during a single period of eight
(8) hours' stand-by duty.
10.05 When an employee on stand-by duty is called back for
work under the conditions described in clause 10.04 and is required to use
transportation services other than normal public transportation services, he
shall be compensated in accordance with clause 9.03 of this Agreement.
10.06 The Employer agrees that in the areas and in the
circumstances where electronic paging devices are both practicable and efficient
they will be provided without cost to those employees on stand-by duty.
10.07 Compensation earned under this article may be taken in
the form of compensatory leave subject to clause 8.08 of Article 8, Overtime.
11.01 Shift Premium
An employee on shift work shall receive a shift premium of two dollars
($2.00) per hour for all hours (including overtime hours) worked between 16:00
and 08:00 hours. The shift premium will not be paid for hours worked between
08:00 and 16:00 hours.
11.02 Weekend Premium
(a) Employees shall receive an additional premium of two dollars ($2.00) per
hour for work on a Saturday and/or Sunday for hours worked as stipulated in
paragraph 11.02(b) below.
(b) Weekend premium shall be payable in respect of all regularly scheduled
hours at straight-time hourly rates worked on Saturday and/or Sunday.
12.01 Subject to clause 12.02, 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 day
is recognized as a provincial or civic holiday, the first (1st)
Monday in August,
and
(l) one additional day when proclaimed by an Act of Parliament as a National
Holiday.
12.02 An employee absent without pay on both his full
working day immediately preceding and his full working day immediately following
a designated paid 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 29, Leave for Staff Relations Matters.
12.03 Designated Paid Holiday Falling on a Day of Rest
When a day designated as a paid holiday under clause 12.01 coincides with an
employee's day of rest, the holiday shall be moved to the employee's first (1st)
normal working day following his day of rest.
12.04 When a day designated as a paid holiday for an
employee is moved to another day under the provisions of clause 12.03:
(a) work performed by an employee on the day from which the holiday was moved
shall be considered as work 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.
12.05 Designated Paid Holiday coinciding with a Day of Paid Leave
Where a day that is a designated paid holiday for an employee coincides with
a day of leave with pay or is moved as a result of the application of clause
12.03, that day shall count as a holiday and not count as a day of leave.
13.01 For the purposes of this Agreement, travelling time is
compensated for only in the circumstances and to the extent provided for in this
Article.
13.02 When an employee is required to travel outside his
headquarters area on government business, as these expressions are defined by
the Employer, the time of departure and the means of such travel shall be
determined by the Employer and the employee will be compensated for travel time
in accordance with clauses 13.03 and 13.04. Travelling time shall include time
necessarily spent at each stopover en route up to a maximum of three (3) hours
provided that such stopover does not include an overnight stay.
13.03 For the purposes of clauses 13.02 and 13.04, the
travelling time for which an employee shall be compensated is as follows:
(a) For travel by public transportation, the time between the scheduled time
of departure and the time of arrival at a destination, including the normal
travel time to the point of departure, as determined by the Employer.
(b) For travel by private means of transportation, the normal time as
determined by the Employer to proceed from the employee's place of residence or
workplace, as applicable, direct to his destination and, upon his return, direct
back to his residence or workplace.
(c) In the event that an alternate time of departure and/or means of travel
is requested by the employee, the Employer may authorize such alternate
arrangements in which case compensation for travelling time shall not exceed
that which would have been payable under the Employer's original determination.
13.04 If an employee is required to travel as set forth in
clauses 13.02 and 13.03:
(a) On a normal working day on which he travels but does not work, the
employee shall receive his regular pay for the day.
(b) On a normal working day on which he travels and works, the employee shall
be paid:
(i) his regular pay for the day for a combined period of travel and work
not exceeding seven and half (7 1/2) hours;
and
(ii) at the applicable overtime rate for additional travel time in excess
of a seven and half (7 1/2) hour period of work and travel, with a maximum
payment for such additional travel time not to exceed twelve (12) hours' pay
at the straight-time rate in any day.
(c) On a day of rest or on a designated holiday, the employee shall be paid
at the applicable overtime rate for hours travelled to a maximum of twelve (12)
hours' pay at the straight-time rate.
13.05 Compensation shall not be paid for travelling time to
courses, training sessions, conferences and seminars to which an employee is
sent for the purpose of career development, unless he is required to attend by
the Employer.
13.06 This Article does not apply to an employee required to
perform work in any type of transport in which he is travelling. In such
circumstances, the employee shall receive the greater of:
(a) on a normal working day, his regular pay for the day;
or
(b) pay for actual hours worked in accordance with Article 8 of this
Agreement.
13.07 Compensation earned under this article may be taken in
the form of compensatory leave subject to clause 8.08 of Article 8, Overtime.
13.08 Travel Leave Status
**
(a) An employee who is required to travel outside his or her headquarters
area on government business, as these expressions are defined by the Employer,
and is away from his or her permanent residence for forty (40) nights during a
fiscal year shall be granted seven and one-half (7 1/2) hours off with pay. The
employee shall be credited with an additional seven and one-half (7 1/2) hours
off for each additional twenty (20) nights that the employee is away from his or
her permanent residence to a maximum of eighty (80) additional nights.
(b) The maximum number of days off earned under this clause shall not exceed
five (5) days in a fiscal year and shall accumulate as compensatory leave with
pay.
(c) This leave with pay is deemed to be compensatory leave and is subject to
paragraphs 8.08(a) and (b).
(d) The provisions of this clause do not apply when the employee travels to
attend courses, training sessions, professional conferences and seminars unless
the employee is required to attend by the Employer.
14.01
(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) 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.
(c) Notwithstanding the above, in clause 17.02, Bereavement Leave with Pay, a
"day" will mean a calendar day.
**
14.02 When the employment of an employee who has been
granted more vacation or sick leave with pay than he has earned is terminated by
death, the employee is considered to have earned the amount of leave with pay
granted to him.
14.03 When the employment of an employee who has been
granted more vacation or sick leave with pay than he has earned is terminated by
lay-off, he is considered to have earned the amount of leave with pay granted to
him.
**
14.04 An employee is entitled, once in each fiscal year, to
be informed, upon request, of the balance of his vacation or sick leave with pay
credits.
14.05 The employee shall retain the amount of leave with pay
credited to the employee by the Employer at the time when this Agreement is
signed, or at the time when he becomes subject to this Agreement.
14.06 Notwithstanding anything contained in Article 15,
Vacation Leave, Article 16, Sick Leave, and Article 17, Other Leave With or
Without Pay, an employee shall not be granted vacation leave, sick leave, or
other types of leave with pay while he is on leave without pay or under
suspension.
15.01 The vacation year shall be from April 1 to March 31,
inclusive.
15.02 Accumulation of Vacation Leave Credits
An employee shall earn vacation leave credits at the rate described in (a)
below for each calendar month during which he or she receives pay for at least
seventy-five (75) hours.
Conversion Examples
15 days
|
112.5 hours
|
20 days
|
150 hours
|
25 days
|
187.5 hours
|
30 days
|
225 hours
|
35 days
|
262.5 hours
|
(a)
(i) nine point three seven five (9.375) hours at his straight-time hourly
rate until the month in which his eighth (8th) anniversary of
service occurs;
(ii) twelve point five (12.5) hours at his straight-time hourly rate for
each month commencing with the month in which his eighth (8th)
anniversary of service occurs;
(iii) thirteen point seven five (13.75) hours at his straight-time hourly
rate for each month commencing with the month in which his sixteenth (16th)
anniversary of service occurs;
(iv) fourteen decimal three seven five (14.375) hours commencing with the
month in which the employee's seventeenth (17th) anniversary of
service occurs;
(v) fifteen point six two five (15.625) hours at his straight-time hourly
rate commencing with the month in which his eighteenth (18th)
anniversary of service occurs;
(vi) sixteen point eight seven five (16.875) hours at his straight-time
hourly rate commencing with the month in which his twenty-seventh (27th)
anniversary of service occurs;
(vii) eighteen point seven five (18.75) hours at the employee's
straight-time hourly rate commencing with the month in which the employee's
twenty-eighth (28th) anniversary of service occurs.
15.03 For the purpose of clause 15.02 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.
15.04 Entitlement to Vacation Leave with Pay
An employee is entitled to vacation leave with pay to the extent of his
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.
15.05 Provision for Vacation Leave
(a) Employees are expected to take all their vacation leave during the
vacation year in which it is earned.
(b) The Employer reserves the right to schedule an employee's vacation leave
but shall make every reasonable effort:
(i) to provide an employee's vacation leave in an amount and at such time
as the employee may request;
(ii) not to recall an employee to duty after he has proceeded on vacation
leave;
**
15.06 The Employer shall give the employee as much notice as is practicable that a request for vacation leave has or has not been approved,denied, altered or cancelled. In the case of denial, alteration or cancellation, the Employer shall give the written reason(s) thereof, upon written request from the employee.
Carry-Over and/or Liquidation of Vacation Leave
15.07 Where in any vacation year all of the vacation leave
credited to an employee has not been scheduled, upon request, the employee may
carry-over into the following vacation year up to a maximum of two hundred
sixty-two point five (262.5) hours credits. All vacation leave credits in excess
of two hundred sixty-two point five (262.5) hours will be paid in cash at the
employee's daily rate of pay as calculated from the classification prescribed in
his certificate of appointment of his substantive position on the last day of
the vacation year.
15.08 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 twelve point five (112.5) hours may be paid in
cash at the employee's daily rate of pay as calculated from the classification
prescribed in his certificate of appointment of his substantive position on
March 31, of the previous vacation year.
15.09 Recall from Vacation Leave
Where, during any period of vacation or compensatory leave, an employee is
recalled to duty, he shall be reimbursed for reasonable expenses, as normally
defined by the Employer, that he incurs:
(a) in proceeding to his place of duty;
and
(b) in returning to the place from which he was recalled if he immediately
resumes vacation upon completing the assignment for which he was recalled after
submitting such accounts as are normally required by the Employer.
15.10 The employee shall not be considered as being on
vacation or compensatory leave during any period in respect of which he is
entitled under clause 15.09 to be reimbursed for reasonable expenses incurred by
him.
15.11 Cancellation of Vacation Leave
When the Employer cancels or alters a period of vacation, compensatory 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, when available, to the Employer.
15.12 Advance Payments
The Employer agrees to issue advance payments of estimated net salary for
vacation periods of two (2) or more complete weeks, providing a written request
for such advance payment is received from the employee at least six (6) weeks
prior to the last pay before the employee's vacation period commences, and
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 entitlement and shall be recovered in
full prior to any further payment of salary.
**
15.13 Leave when Employment Terminates
When an employee dies or otherwise ceases to be employed, he or his 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 his credit by the daily
rate of pay as calculated from the classification prescribed in his certificate
of appointment on the date of the termination of his employment.
15.14 Abandonment
Notwithstanding clause 15.13, 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 clause 15.13 if he requests it within six (6) months
following the date upon which his employment is terminated.
15.15 Where in respect of any period of vacation leave with
pay, an employee:
(a) is granted bereavement leave;
or
(b) is granted leave with pay because of illness in the immediate family;
or
(c) is granted sick leave;
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.
15.16 Vacation Leave Credits for Severance Pay
Where the employee requests, the Employer shall grant the employee his unused
vacation leave credits prior to termination of employment if this will enable
him, 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.
**
15.17 Appointment to a Separate Employer
Notwithstanding clause 15.13, 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 leave
credits, provided that the appointing organization will accept such credits.
**
15.18 Appointment from a Separate Employer
The Employer agrees to accept the unused vacation and furlough leave credits
up to a maximum of thirty-five (35) days 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 transferring employee is
eligible and has chosen to have these credits transferred.
**
15.19
(a) Employees shall be credited a one-time entitlement of thirty-seven and
one half (37 1/2) 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 15.03.
(b) Transitional Provisions
Effective on the date of signing of this Collective Agreement, employees with
more than two (2) year of service, as defined in clause 15.03, shall be credited
a one-time entitlement of thirty-seven and one half (37 1/2) hours of vacation
leave with pay.
(c) The vacation leave credits provided in clause 15.19(a) and (b) above
shall be excluded from the application of paragraph 15.07 dealing with the
Carry-over and/or Liquidation of Vacation Leave until the next fiscal year.
16.01 Credits
(a) An employee shall earn sick leave credits at the rate of nine decimal
three hundred seventy five (9.375) hours for each calendar month for which the
employee receives pay for at least seventy five (75) hours.
(b) A shift worker shall earn additional sick leave credits at the rate of
one decimal twenty-five (1.25) hours for each calendar month during which he or
she works shifts and he or she receives pay for at least seventy five (75)
hours. Such credits shall not be carried over in the next fiscal year and are
available only if the employee has already used one hundred twelve decimal five
(112.5) hours sick leave credits during the current fiscal year.
16.02 Granting of Sick Leave
An employee shall be granted sick leave with pay when he is unable to perform
his duties because of illness or injury provided that:
(a) he satisfies the Employer of this condition in such a manner and at such
a time as may be determined by the Employer;
and
(b) he has the necessary sick leave credits.
16.03 Unless the employee is otherwise informed by the
Employer, a statement signed by him stating that because of illness or injury he
was unable to perform his duties shall, when delivered to the Employer, be
considered as meeting the requirements of paragraph 16.02(a).
16.04 An employee shall not be granted sick leave with pay
during any period in which he is on leave of absence without pay, or under
suspension.
16.05 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.
16.06 Advance of Credits
Where an employee has insufficient or no credits to cover the granting of
sick leave with pay under the provisions of clause 16.02, sick leave with pay
may, at the discretion of the Employer, be granted to an employee for a period
of up to one hundred eighty seven decimal five (187.5) hours, subject to the
deduction of such advanced leave from any sick leave credits subsequently
earned.
16.07 The Employer may for good and sufficient reason
advance sick leave credits to an employee when a previous advance has not been
fully reimbursed.
16.08 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.
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