Computer Systems Administration (CS) 303

(a) "bargaining unit" means all the employees of the Employer in the Computer Systems Group, as described in the certificate issued by the former Public Service Staff Relations Board on the eleventh (11^th) day of March 1969, and as amended on December 13, 1977 and June 1, 1999 (unité de négociation),

(h) "employee" means a person so defined by the Public Service Labour Relations Act and who is a member of the bargaining unit (employé),

(q) "spouse" will, when required, be interpreted to include common-law partner except, for the purposes of the Foreign Service Directives, the definition of spouse will remain as specified in Directive 2 of the Foreign Service Directives (époux),

(a) if defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Public Service Labour Relations Act;

(b) if defined in the Interpretation Act, but not defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Interpretation Act.

ARTICLE 7
HOURS OF WORK

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.

7.18 Shift Principle

(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.

ARTICLE 8
OVERTIME

8.08

(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.

ARTICLE 10
STAND-BY

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.

ARTICLE 13
TRAVELLING TIME

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.

ARTICLE 14
LEAVE - GENERAL

14.01

(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.

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.

14.04 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.

ARTICLE 15
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.

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.

15.17 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 (1^st) day of the month following the employee's second (2^nd) anniversary of service, as defined in clause 15.03.

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.

ARTICLE 17
OTHER LEAVE WITH OR WITHOUT PAY

17.03 Maternity Leave without Pay

(a) An employee who becomes pregnant shall, upon request, be granted maternity leave without pay for a period beginning before, on or after the termination date of pregnancy and ending not later than eighteen (18) weeks after the termination date of pregnancy.

(i) where the employee has not yet proceeded on maternity leave without pay and her newborn child is hospitalized,

(ii) where the employee has proceeded on maternity leave without pay and then returns to work for all or part of the period during which her newborn child is hospitalized,

the period of maternity leave without pay defined in paragraph (a) may be extended beyond the date falling eighteen (18) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child's hospitalization during which the employee was not on maternity leave, to a maximum of eighteen (18) weeks.

(c) The extension described in paragraph (b) shall end not later than fifty-two (52) weeks after the termination date of pregnancy.

(d) The Employer may require an employee to submit a medical certificate certifying pregnancy.

(i) use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates;

(ii) use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in Article 16 Sick Leave. For purposes of this subparagraph, the terms "illness" or "injury" used in Article 16 Sick Leave, shall include medical disability related to pregnancy.

(f) An employee shall inform the Employer in writing of her plans for taking leave with and without pay to cover her absence from work due to the pregnancy at least four (4) weeks in advance of the initial date of continuous leave of absence during which termination of pregnancy is expected to occur unless there is a valid reason why the notice cannot be given.

(g) 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.

17.04 Maternity Allowance

(a) An employee who has been granted maternity leave without pay shall be paid a maternity allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraph (c) to (i), provided that she:

(i) has completed six (6) months of continuous employment before the commencement of her maternity leave without pay,

(ii) provides the Employer with proof that she has applied for and is in receipt of maternity 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) she will return to work on the expiry date of her maternity leave without pay unless the return to work date is modified by the approval of another form of leave;

(B) following her return to work, as described in section (A), she will work for a period equal to the period she was in receipt of maternity allowance;

(C) should she fail to return to work in accordance with section (A), or should she return to work but fail to work for 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, she will be indebted to the Employer for an amount determined as follows:

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 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).

(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance maternity benefits, ninety-three per cent (93%) of her weekly rate of pay and the recruitment and retention "terminable allowance" for each week of the waiting period, less any other monies earned during this period,

and

(ii) for each week that the employee receives a maternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, she is eligible to receive the difference between ninety-three per cent (93%) of her weekly rate of pay and the recruitment and retention "terminable allowance" and the maternity benefit, less any other monies earned during this period which may result in a decrease in her maternity benefit to which she would have been eligible if no extra monies had been earned during this period.

(d) At the employee's request, the payment referred to in subparagraph 17.04(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 maternity benefits.

(e) The maternity 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 she may be required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Québec.

(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity 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 leave, 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 and the recruitment and retention "terminable allowance" to which the employee is entitled for her substantive level to which she is appointed.

(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of maternity leave without pay an employee has been on an acting assignment for at least four (4) months, the weekly rate shall be the rate and the recruitment and retention "terminable allowance" she was being paid on that day.

(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of the maternity allowance, the allowance shall be adjusted accordingly.

(j) Maternity allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.

17.05 Special Maternity Allowance for Totally Disabled Employees

(i) fails to satisfy the eligibility requirement specified in subparagraph 17.04(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 the Government Employees Compensation Act prevents her from receiving Employment Insurance or Québec Parental Insurance Plan maternity benefits;

and

(ii) has satisfied all of the other eligibility criteria specified in subparagraph 17.04(a), other than those specified in sections (A) and (B) of subparagraph 17.04(a)(iii);

shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph 17.05(a)(i), the difference between ninety-three per cent (93%) of her weekly rate of pay and recruitment and retention "terminable allowance", and the gross amount of 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 17.04 for a combined period of no more than the number of weeks during which she would have been eligible for maternity benefits under the Employment Insurance or the Québec Parental Insurance Plan had she not been disqualified from Employment Insurance or Québec Parental Insurance Plan maternity benefits for the reasons described in subparagraph 17.05(a)(i).

17.06 Parental Leave without Pay

(a) Where an employee has or will have the actual care and custody of a new-born child (including the new-born child of a common-law partner), the employee shall, upon request, be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period beginning on the day on which the child is born or the day on which the child comes into the employee's care.

(b) Where an employee commences legal proceedings under the laws of a province to adopt a child or obtains an order under the laws of a province for the adoption of a child, the employee shall, upon request, be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks in the fifty-two week (52) period beginning on the day on which the child comes into the employee's care.

(c) Notwithstanding paragraphs (a) and (b) above, at the request of an employee and at the discretion of the Employer, the leave referred to in the paragraphs (a) and (b) above may be taken in two periods.

(i) where the employee's child is hospitalized within the period defined in the above paragraphs, and the employee has not yet proceeded on parental leave without pay,

(ii) where the employee has proceeded on parental leave without pay and then returns to work for all or part of the period during which his or her child is hospitalized,

the period of parental leave without pay specified in the original leave request may be extended by a period equal to that portion of the period of the child's hospitalization during which the employee was not on parental leave. However, the extension shall end not later than one hundred and four (104) weeks after the day on which the child comes into the employee's care.

(e) An employee who intends to request parental leave without pay shall notify the Employer at least four (4) weeks in advance of the commencement date of such leave.

(i) defer the commencement of parental leave without pay at the request of the employee;

(ii) grant the employee parental leave without pay with less than four (4) weeks' notice;

(iii) require an employee to submit a birth certificate or proof of adoption of the child.

(g) Leave granted under this clause shall count 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 count for pay increment purposes.

17.07 Parental Allowance

(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 17.04(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:

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).

(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 and the recruitment and retention "terminable allowance", 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 recruitment and retention "terminable allowance" 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 and the recruitment and retention "terminable allowance" for each week, less any other monies earned during this period.

(d) At the employee's request, the payment referred to in subparagraph 17.07(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.

(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 and the recruitment and retention "terminable allowance" 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 and the recruitment and retention "terminable allowance", 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.

17.08 Special Parental Allowance for Totally Disabled Employees

(i) fails to satisfy the eligibility requirement specified in subparagraph 17.07(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 subparagraph 17.07(a), other than those specified in sections (A) and (B) of subparagraph 17.07(a)(iii);

shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in subparagraph 17.08(a)(i), the difference between ninety-three per cent (93%) of the employee's rate of pay and the recruitment and retention "terminable allowance", 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 17.07 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 17.08(a)(i).

17.11 Leave without Pay for Relocation of Spouse

(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 or common-law partner is permanently relocated and up to five (5) years to an employee whose spouse or common-law partner is temporarily relocated.

17.12 Leave with Pay for Family-related Responsibilities

(i) an employee is expected to make every reasonable effort to schedule medical or dental appointments for family members to minimize or preclude his absence from work, however, when alternative arrangements are not possible an employee shall be granted leave for a medical or dental appointment when the family member is incapable of attending the appointment by himself, or for appointments with appropriate authorities in schools or adoption agencies; an employee requesting leave under this provision must notify his supervisor of the appointment as far in advance as possible;

(iii) leave with pay for needs directly related to the birth or to the adoption of the employee's child;

(c) The total leave with pay that may be granted under subclauses 17.12(b)(i), (ii) and (iii) shall not exceed thirty-seven and one half (37 1/2) hours in a fiscal year.

17.14 Personnel Selection Leave with Pay

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 Public Service Labour Relations Act, 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 presence is so required. This clause applies equally in respect of personnel selection processes related to deployment.


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Computer Systems Administration (CS) 303

LIST OF CHANGES TO THE AGREEMENT BETWEEN THE TREASURY BOARD AND THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA - COMPUTER SYSTEMS

ARTICLE 2
INTERPRETATION AND DEFINITIONS

ARTICLE 7
HOURS OF WORK

7.01 Day Work

7.18 Shift Principle

ARTICLE 8
OVERTIME

8.08

ARTICLE 10
STAND-BY

ARTICLE 13
TRAVELLING TIME

13.08 Travel Leave Status

ARTICLE 14
LEAVE - GENERAL

14.01

ARTICLE 15
VACATION LEAVE

15.13 Leave when Employment Terminates

15.17 Appointment to a Separate Employer

15.18 Appointment from a Separate Employer

15.19

ARTICLE 17
OTHER LEAVE WITH OR WITHOUT PAY

17.03 Maternity Leave without Pay

17.04 Maternity Allowance

17.05 Special Maternity Allowance for Totally Disabled Employees

17.06 Parental Leave without Pay

17.07 Parental Allowance

17.08 Special Parental Allowance for Totally Disabled Employees

17.11 Leave without Pay for Relocation of Spouse

17.12 Leave with Pay for Family-related Responsibilities

17.14 Personnel Selection Leave with Pay

Computer Systems Administration (CS) 303

LIST OF CHANGES TO THE AGREEMENT BETWEEN THE TREASURY BOARD AND THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA - COMPUTER SYSTEMS

ARTICLE 2 INTERPRETATION AND DEFINITIONS

ARTICLE 7 HOURS OF WORK

7.01 Day Work

7.18 Shift Principle

ARTICLE 8 OVERTIME

8.08

ARTICLE 10 STAND-BY

ARTICLE 13 TRAVELLING TIME

13.08 Travel Leave Status

ARTICLE 14 LEAVE - GENERAL

14.01

ARTICLE 15 VACATION LEAVE

15.13 Leave when Employment Terminates

15.17 Appointment to a Separate Employer

15.18 Appointment from a Separate Employer

15.19

ARTICLE 17 OTHER LEAVE WITH OR WITHOUT PAY

17.03 Maternity Leave without Pay

17.04 Maternity Allowance

17.05 Special Maternity Allowance for Totally Disabled Employees

17.06 Parental Leave without Pay

17.07 Parental Allowance

17.08 Special Parental Allowance for Totally Disabled Employees

17.11 Leave without Pay for Relocation of Spouse

17.12 Leave with Pay for Family-related Responsibilities

17.14 Personnel Selection Leave with Pay

ARTICLE 2
INTERPRETATION AND DEFINITIONS

ARTICLE 7
HOURS OF WORK

ARTICLE 8
OVERTIME

ARTICLE 10
STAND-BY

ARTICLE 13
TRAVELLING TIME

ARTICLE 14
LEAVE - GENERAL

ARTICLE 15
VACATION LEAVE

ARTICLE 17
OTHER LEAVE WITH OR WITHOUT PAY