12.01 The standard hours of work are normally seven and one-half (7
1/2) hours per day; thirty-seven and one-half (37 1/2) hours per week.
Notwithstanding this, the nature of the work and the exigencies of the service
require flexibility in arrival and departure times and hours of work. A UT shall
not be entitled to payment for overtime (including work on a day of rest or on a
holiday) or other conditions relating to hours of work, such as call-back,
standby, travel on a day of rest and travel on a holiday.
13.01 The teaching workload of a UT shall be consistent with the
normal average teaching workload of UTs in his/her academic department or
equivalent unit. Teaching duties materially in excess of the appropriate
teaching workload shall be considered overload.
13.02 Assignments of teaching to a particular UT shall be consistent
with his/her qualifications.
13.03 The appropriate Head of department, as the delegate of the
Employer, will normally assign teaching workloads. A UT shall be consulted
concerning such assignment prior to its making.
13.04 A UT will be advised of his/her teaching assignment for each
academic term at least two (2) months before the commencement of classes in that
term, unless it is not possible to do so as a result of circumstances that were
not foreseen. Barring such circumstances, courses assigned after that time shall
be considered overload.
13.05 Where in a given academic year a UT is assigned overload
teaching duties, his/her teaching workload shall be reduced in one of the two
(2) following years by an amount equivalent to that overload.
13.06 Teaching duties include, but are not limited to, conducting
scheduled classes, seminars, tutorials and laboratories, and supervising theses
and special projects.
13.07 Factors to be used in determining appropriate teaching workload
include, but are not limited to, the following:
(a) the number of courses taught by each UT;
(b) the number of scheduled contact periods per course;
(c) the number of hours of preparation, grading, and administration per
course;
(d) the number of students enrolled, on average, per course;
(e) the number of hours devoted to counselling students;
(f) the level (introductory, upper year, graduate, etc.) of each course;
(g) the type (lecture, seminar, etc.) of each course;
(h) assistance of graduate students or colleagues in the teaching of the UT's
courses;
(i) additional hours of preparation required for a new course or revision of
an existing course;
and
(j) the teaching of courses in both official languages.
13.08 Notwithstanding 13.01, the teaching workload of a UT may vary
materially from the normal average teaching workload of UTs in his/her academic
department or equivalent unit due to the following factors:
(a) the number of hours devoted to administrative duties;
and
(b) the level of productive scholarly activity, it being understood that
greater than normal involvement in scholarly activity may not result in a
reduction in teaching workload unless such reduction can be accommodated within
the resources accorded to the department.
13.09
(a) Department Heads shall not be required to teach more than the normal
annual teaching workload of other UTs in their department, less 2 one-term
courses or equivalent.
(b) Service as Chairperson of an Academic program will be given due
consideration as a factor in assigning teaching workload.
13.10 Each UT shall have a continuous period of not less than three
(3) months in every academic year which is free of scheduled teaching duties.
14.01 A UT who is required by management to:
(a) work excessive hours;
and/or
(b) work or travel on a day of rest or on a holiday;
may be granted such leave with pay as the deputy head considers appropriate.
15.01
(a) The following days are paid holidays:
New Year's Day
Good Friday
Easter Monday
The day fixed by proclamation of the Governor in Council for celebration of
the Sovereign's Birthday
Canada Day
Labour Day
The day fixed by proclamation of the Governor in Council as a general day of
thanksgiving
Remembrance Day
Christmas Day
Boxing Day and
such additional days as are designated by the deputy head to be holidays in
the locality in which a UT works.
(b) When a day designated as a paid holiday coincides with a UT's day of
rest, the holiday shall be moved to the UT's first working day following the day
of rest.
(c) Where a UT works on a holiday, he or she may be granted management leave
as provided in Article 14.
16.01 A UT is entitled, once in each fiscal year, to be informed upon
request of the balance of his or her vacation and sick leave credits.
16.02 The amount of leave with pay earned but unused credited to a UT
by the Employer at the time when this Agreement is signed, or at the time when
the UT becomes subject to this Agreement, shall be retained by the UT.
16.03 A UT shall not be granted two (2) different types of leave with
pay or monetary remuneration in lieu of leave in respect of the same period of
time.
16.04 A UT who, on the day that this Agreement is signed, is entitled
to receive furlough leave, that is to say, five (5) weeks' leave with pay upon
completing twenty (20) years of continuous employment, retains his or her
entitlement to furlough leave subject to the conditions respecting the granting
of such leave that are in force on the day that this Agreement is signed.
16.05 A UT is not entitled to leave with pay during periods he or she
is on leave without pay or under suspension.
16.06 A UT who has been granted more vacation or sick leave with pay
than has been earned, whose services are terminated by lay-off or death, is
considered to have earned the amount of leave with pay granted to him or her.
16.07 A UT shall not earn leave credits under this Agreement in any
month for which leave has already been credited to him or her under the terms of
any other collective agreement to which the Employer is a party or under other
rules or regulations of the Employer.
16.08 Except as otherwise specified in this Agreement and except for
periods of Sabbatical Leave:
(a) where leave without pay for a period in excess of three (3) months is
granted to an UT, the total period of leave granted shall be deducted from
"continuous employment" for the purpose of calculating severance pay
and "service" for the purpose of calculating vacation leave;
(b) time spent on such leave which is for a period of more than three (3)
months shall not be counted for pay increment purposes.
17.01 The vacation year shall be from April 1st to March 31st
of the following calendar year, inclusive.
Accumulation of Vacation Leave
17.02 A UT shall earn vacation leave credits at the following rate for
each calendar month during which the UT receives pay for at least ten (10) days:
(a) one and two-thirds (1 2/3) days until the month in which the anniversary
of the UT's sixteenth (16th) year of service occurs;
(b) One and ten-twelfth (1 10/12) days commencing with the
month in which the anniversary of the UT's sixteenth (16th) year of
service occurs;
(c) one and eleven-twelfth (1 11/12) days commencing with the month in which
the anniversary of the UT's seventeenth (17th) year of service
occurs;
(d) two and one-twelfth (2 1/12) days commencing with the month in which the
UT's eighteenth (18th) anniversary of service occurs;
(e) Notwithstanding (a), (b), (c), and (d) above, a UT who has a greater
vacation leave entitlement on the date of signing of this agreement shall retain
the current entitlement rate.
17.03 For the purpose of clause 17.02 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 a UT who
receives severance pay on lay-off and is reappointed to the Public Service
within one (1) year following the date of lay-off.
17.04 A UT is entitled to vacation leave with pay to the extent of the
UT's earned credits but a UT who has completed six (6) months of continuous
employment may receive an advance of credits equivalent to the anticipated
credits for the vacation year.
17.05
(a) Vacation leave will be taken at such time as the deputy head specifies.
Deputy heads should encourage UTs to take all of their vacation leave in the
fiscal year in which it is earned.
(b) Carry-over
Where in any vacation year a UT has not taken all the vacation leave credited
to him or her, the unused portion of the UT's vacation leave shall be carried
over into the following vacation year.
(c) Cash-out
During any vacation year, upon application by the UT and at the discretion of
the Employer earned but unused vacation leave credits will be paid in cash at
the UT's daily rate of pay as calculated from the classification prescribed in
the UT's certificate of appointment of the UT's substantive position on March 31st.
Cash-outs are based on current base salary and do not include performance
awards and bonuses.
17.06 Recall from Vacation Leave
(a) A UT who is recalled to duty from vacation leave or whose vacation leave
is cancelled by management without notice shall be reimbursed for reasonable
expenses, as defined in the Travel Directive, that he or she incurs:
(i) in proceeding to his or her place of duty;
(ii) in returning to the place from which he or she was recalled if he or
she immediately resumes vacation upon completing the assignment for which he
or she was recalled;
and
for any reasonable monetary penalty which results from cancellation of
reservations, after submitting such expense accounts as may be required.
(b) A UT shall not be considered as being on vacation leave during any period
in respect of which he or she is entitled under sub-clause 17.07(a) to be
reimbursed for reasonable expenses he or she incurred.
17.07 Vacation Pay on Termination of Employment
(a) If a UT ceases to be employed or dies, the UT or the estate shall be
paid, in lieu of the unused vacation leave which has been earned, an amount
which is equal to the product of the UT's current daily rate of pay as
calculated from the classification specified in his or her certificate of
appointment, multiplied by the number of days of earned but unused vacation and
furlough leave with pay to his or her credit on the day the UT ceased to be
employed or died.
(b) Notwithstanding sub-clause 17.07(a), a UT whose employment is terminated
by reason of a declaration of abandonment of position is entitled to receive the
payment referred to in 17.07(a) if the UT requests it within a period of three
and one-half (3 1/2) years following the date upon which employment is
terminated.
**
17.08
(a) Effective on the date of signing of this collective agreement, employees
with more than two (2) years of service, as defined in clause 17.03, shall be
credited a one-time entitlement of thirty-seven and one-half (37 1/2) hours of
vacation leave with pay.
(b) 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 day of the month
following the anniversary of the employee's second year of service, as defined
in clause 17.03, occurs.
18.01 UT's shall be eligible for sabbatical leave in accordance with
the terms and conditions outlined herein.
18.02 Sabbatical leave is an authorized period of leave without pay
with an allowance in lieu of salary, that may be granted to UTs in accordance
with the conditions, requirements and provisions detailed herein.
18.03 Purpose and Principles
Sabbatical leave, a feature of employment for UTs, is a period of leave for a
specified duration of either six or twelve months during which time eligible
employees shall be relieved of their normal teaching and administrative
obligations as a means of providing them with an opportunity to pursue research
or other scholarly activities.
18.04 Eligibility Criteria
(a) To be eligible for sabbatical leave, a UT must be employed on a full-time
indeterminate basis.
(b) A UT applying for a six-month sabbatical leave period must have completed
three years of service as a UT. A UT applying for a twelve-month sabbatical
leave period must have completed six years of service as a UT. An applicant may
be given credit for up to three years service at another university upon
recommendation of the principal. However, no UT may be granted sabbatical leave
before having served three years of continuous service as a full-time UT.
(c) Applications for subsequent periods of sabbatical leave will normally
require completion of six years intervening service before being granted a
twelve-month sabbatical or three years before being granted a six-month
sabbatical.
18.05 Selection Criteria
**
(a) Applications that meet the essential eligibility criteria requirements as
noted above, and are submitted in accordance with the requirements outlined in
this agreement, will be considered for approval by a screening committee
designated by the Senate.
(b) The following criteria will be used in the screening and prioritization
process:
(i) the relevance of the proposed professional development activity to the
needs of the department;
(ii) the projected benefits to the professional development of the UT;
(iii) the merit of the sabbatical proposal in terms of its scope, planning,
resource implication and potential for success within the sabbatical period;
(iv) evidence of benefits derived from the applicant's previous sabbatical
leave (if applicable);
(v) the applicant's performance assessments and evidence of scholarly
potential/achievement during the period of qualifying service; and
(vi) the operational and human resources management priorities of the
College.
18.06 Duration
Sabbatical leave for periods of up to twelve months in duration will be
considered for UT applicants meeting the eligibility requirements for initial or
subsequent sabbatical leave. Sabbatical leave periods will be of six months
duration (normally 01 July - 31 December or 01 January - 30 June), or twelve
months duration (normally 01 July - 30 June).
18.07 Entitlement to Sabbatical Leave
Sabbatical leave may be granted at the discretion of the Employer. Sabbatical
leave shall not be unreasonably denied. In the case where an application is
denied, if requested by the applicant, the Employer will provide written reasons
for the denial.
18.08 Employment Commitment
(a) A UT who is granted sabbatical leave is expected to return to
service as a UT.
(b) As a condition of being granted sabbatical leave, UTs will be required to
sign a written commitment, the Return to Service Agreement for Sabbatical Leave,
to return to the department for a period of employment equal to their period of
sabbatical leave. A UT who does not honour this commitment will be required to
repay the monies paid to him or her during the sabbatical leave or a portion
thereof based on the number of months worked by the UT after returning from
sabbatical leave.
18.09 Allowance in Lieu of Salary
(a) Sabbaticants at the UT-2 or UT-3 level, who are granted a first
sabbatical leave within ten (10) years of joining the College, will be on leave
without pay and may be granted an allowance in lieu of salary equal to 100% of
their annual rate of pay in effect at the commencement of the leave, except as
provided for in (e) of this clause.
(b) Other sabbaticants will be on leave without pay and may be granted an
allowance in lieu of salary equal to 82.5% of their annual rate of pay in effect
at the commencement of the leave, except as provided for in (e) of this clause.
(c) A sabbaticant's allowance in lieu of salary will be automatically
adjusted, as applicable, to reflect any economic revision to the University
Teaching Group.
(d) Pay increments and promotion increases based on performance prior to the
commencement of the sabbatical leave will be implemented on the normal increment
date, and the sabbaticant's allowance will be adjusted accordingly.
(e) During periods of sabbatical leave, UTs are not entitled to
administrative allowances received for extra duties performed during regular
employment at one of the colleges. Such allowances may be reinstated effective
the date of return from the sabbatical leave on the authority of the principal.
18.10 Employment During Sabbatical
**
(a) Sabbaticants granted a leave of absence from regular duties to pursue the
stated purpose of their research or study, and granted an allowance in lieu of
salary to assist them in this endeavour, may not accept remuneration associated
with their sabbatical leave project that in combination with their allowance
would provide them with remuneration in excess of 100 per cent of their normal
annual salary from the department.
(b) Sabbaticants may not accept other professional commitments that might
impede completion of the primary goals stipulated in their approved sabbatical
leave plan.
(c) If remunerated employment, or other significant activities not related to
the primary purpose of the sabbatical leave, are expected to be an integral part
of a sabbaticant's perceived use of sabbatical leave, such intentions are to be
clearly identified and fully substantiated in the sabbatical leave application
and will be considered during the review/approval process.
(d) In the event that a sabbaticant's total remuneration related to the leave
project is determined to exceed 100 per cent of normal salary, the department
will reduce the allowance in lieu of salary as appropriate and may request
repayment of all or a portion of the allowance if subsequent evidence indicates
that the sabbaticant has not complied with the intent of the restriction
pertaining to external remuneration.
**
(e) The provisions of 18.10(d) notwithstanding, when a UT takes sabbatical
leave in a location outside of Canada where the cost of living exceeds the UT's
normal cost of living, the principal of RMC may approve remuneration in excess
of the amount provided for in paragraph (a), but solely to the extent required
to compensate for foreign cost of living.
18.11 Financial Assistance
(a) Financial assistance in the form of grants, awards, scholarships,
to support their sabbatical research will not be taken into consideration in
determining the departmental allowance in lieu of salary to be granted to a
sabbaticant provided that such assistance does not constitute personal
remuneration.
(b) Sabbaticants are required to identify and report on the sources and the
allocation of the funding for all financial assistance received in support of
their sabbatical research.
18.12 Employee Benefits While on Sabbatical Leave
While on sabbatical leave, UTs do not accrue sick or annual leave.
18.13 Application and Approval Process
(a) The Employer may defer a requested sabbatical leave in the event that the
UT's services are required for the period of time planned for the leave. Such
deferral shall be counted towards an application for a subsequent leave.
(b) Where an application meets the criteria for approval but the leave is
denied due to financial constraints, the application will be given first
priority the following year.
(c) A UT may cancel application for sabbatical leave by notifying the
principal in writing at least four months prior to commencement of the leave, or
later, at the discretion of the principal.
Credits
19.01 A UT shall earn sick leave credits at the rate of one and
one-quarter (1 1/4) days for each calendar month for which he or she receives
pay for at least ten (10) days.
Granting of Sick Leave
19.02 A UT shall be granted sick leave with pay when he or she is
unable to perform his or her duties because of illness or injury provided that:
(a) the UT satisfies the Employer of this condition in such manner and at
such time as may be determined by the Employer;
and
(b) the UT has the necessary sick leave credits.
19.03 Unless a medical certificate is required by the deputy head, a
statement signed by the UT 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 sub-clause 19.02(a).
19.04 A UT who has insufficient sick leave credits to cover the
granting of sick leave with pay during the entire period of illness may be
granted, at the discretion of the deputy head, a repayable advance of sick leave
credits of up to thirteen (13) weeks.
Court Leave
20.01 The Employer shall grant leave with pay to a UT for the period
of time he or she is required:
(a) to be available for jury selection;
(b) to serve on a jury;
and
(c) by subpoena or summons to attend as a witness in any proceeding held:
(i) in or under the authority of a court of justice or before a grand jury;
(ii) before a court, judge, justice, magistrate or coroner;
(iii) before the Senate or House of Commons of Canada or a committee of the
Senate or House of Commons other than in the performance of the duties of the
UT's position;
(iv) before a legislative council, legislative assembly or house of
assembly or any committee thereof that is authorized by law to compel the
attendance of witnesses before it;
or
(v) before an arbitrator or umpire or a person or body of persons
authorized by law to make an inquiry and to compel the attendance of witnesses
before it.
Injury-on-Duty Leave
20.02 A UT shall be granted injury-on-duty leave with pay for such
reasonable period as may be determined by the Employer when a claim has been
made pursuant to the Government Employees' Compensation Act and a
Workers' Compensation authority has notified the Employer that it has certified
that the UT is unable to work because of:
(a) personal injury accidentally received in the performance of his or her
duties and not caused by the UT's wilful misconduct;
(b) an industrial illness or a disease arising out of and in the course of
the UT's employment;
and
if the UT agrees to remit to the Receiver General of Canada any amount
received by him or her in compensation for loss of pay resulting from or in
respect of such injury, illness or disease providing, however, that such amount
does not stem from a personal disability policy for which the UT or the UT's
agent has paid the premium.
Personnel Selection Leave
20.03 Where a UT 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 UT is
entitled to leave with pay for the period during which the UT's presence is
required for purposes of the selection process and for such further period as
the Employer considers reasonable for the UT to travel to and from the place
where his or her presence is so required.
Special Leave
**
20.04 At the discretion of the deputy head, a UT may be granted leave
with pay under the following circumstances:
(a) where there is illness or death in the UT's family;
(b) where circumstances not directly attributable to the UT prevent him or
her from reporting for duty;
and
(c) on the occasion of the birth of his or her child.
A request for such leave shall not be unreasonably denied.
Other Leave
20.05 A deputy head may grant leave with pay for a period not in
excess of two (2) weeks to a UT who is not on leave where:
(a) the place of work has been rendered uninhabitable and the UT cannot
perform his or her duties until an alternative working place is found;
or
(b) he or she is required or urgently needed to assist in meeting a community
emergency.
20.06 Leave with pay may be granted by a deputy head to a UT to take a
course in civil defence training if:
(a) no such training is available in his or her locality after regular
working hours;
and
(b) the UT has not been required by the deputy head to take the course for
purposes of Public Service civil defence.
20.07 A deputy head may grant a UT leave with pay for any period in
which the services of that UT are required by:
(a) a commission established pursuant to the Inquiries Act;
(b) an Industrial Inquiry Commission established pursuant to Part I of the
Canada Labour Code;
or
(c) an international organization of which the Government of Canada is a
member.
ARTICLE 21
EDUCATION LEAVE WITHOUT PAY AND CAREER DEVELOPMENT LEAVE
Education Leave Without Pay
21.01 The Employer recognises the usefulness of education leave. Upon
written application by the UT and with the approval of the Employer, a UT may be
granted education leave without pay for varying periods of up to one (1) year,
which can be renewed by mutual agreement to attend a recognised institution for
studies in some field of education in which preparation is needed to fill the
UT's 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.
21.02 At the Employer's discretion, a UT on education leave without
pay under this Article may receive an allowance in lieu of salary of up to one
hundred per cent (100%) of the UT's annual rate of pay, depending on the degree
to which the education leave is deemed by the Employer to be relevant to
organisational requirements. If the UT 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.
21.03 Allowances already being received by the UT may at the
discretion of the Employer be continued during the period of the education
leave. The UT shall be notified when the leave is approved whether such
allowances are to be continued in whole or in part.
21.04 As a condition of the granting of education leave without pay, a
UT 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 UT:
(a) fails to complete the course;
(b) does not resume employment with the Employer on completion of the course;
or
(c) ceases to be employed, except by reason of death or lay-off, before
termination of the period he or she has undertaken to serve after completion of
the course;
the UT shall repay the Employer all allowances paid to him or her under this
Article during the education leave or such lesser sum as shall be determined by
the Employer.
Career Development Leave With Pay
21.05
(a) Career development refers to an activity which in the opinion of the
Employer is likely to be of assistance to the UT in furthering his or her career
development and to the organization in achieving its goals. The following
activities shall be deemed to be part of career development:
(i) a course given by the Employer;
(ii) a course offered by a recognised academic institution;
or
(iii) a seminar, convention or study session in a specialized field
directly related to the UT's work.
(b) Upon written application by the UT, and with the approval of the
Employer, career development leave with pay may be given for any one of the
activities described in sub-clause 21.05(a) above. The UT shall receive no
compensation under the Management Leave provisions of this Agreement during time
spent on career development leave provided for in this clause.
(c) UTs on career development leave shall be reimbursed for all reasonable
travel and other expenses incurred by them which the Employer may deem
appropriate.
Examination Leave With Pay
21.06 At the Employer's discretion, examination leave with pay may be
granted to a UT for the purpose of writing an examination which takes place
during the UT's scheduled hours of work. Such leave will only be granted where,
in the opinion of the Employer, the course of study is directly related to the
UT's duties or will improve his or her qualifications.
22.01 Maternity Leave without Pay
(a) A UT 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 seventeen (17) weeks after the termination
date of pregnancy.
(b) Notwithstanding paragraph (a):
(i) where the UT has not yet proceeded on maternity leave without pay and
her newborn child is hospitalized,
or
(ii) where the UT 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 seventeen (17) 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 UT was not on maternity leave, to
a maximum of seventeen (17) 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 a UT to submit a medical certificate certifying
pregnancy.
(e) A UT who has not commenced maternity leave without pay may elect to:
(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 19, Sick
Leave With Pay. For purposes of this subparagraph, the terms
"illness" or "injury" used in Article 19, Sick Leave With
Pay, shall include medical disability related to pregnancy.
(f) A UT 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.
22.02 Maternity Allowance
(a) A UT 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 pregnancy benefits pursuant to Section 22 of the Employment
Insurance Act 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 the 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:
(allowance received) |
X |
(remaining period to be worked
following her return to work)
|
|
|
[total period to be
worked as specified in (B)] |
however, a UT whose specified period of employment expired and who is
rehired in any portion of the Public Service of Canada as specified in the
FAA Schedule I and IV within a period of five (5) 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 UT'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).
(c) Maternity allowance payments made in accordance with the SUB Plan will
consist of the following:
(i) where a UT is subject to a waiting period of two (2) weeks before
receiving Employment Insurance pregnancy benefits, ninety-three per cent (93%)
of her weekly rate of pay for each week of the waiting period, less any other
monies earned during this period,
and
(ii) for each week that the UT receives a pregnancy benefit pursuant to
Section 22 of the Employment Insurance Act, the difference between the
gross weekly amount of the Employment Insurance pregnancy benefit she is
eligible to receive and ninety-three per cent (93%) of her weekly rate of pay
less any other monies earned during this period which may result in a decrease
in Employment Insurance benefits to which she would have been eligible if no
extra monies had been earned during this period.
(d) At the UT's request, the payment referred to in subparagraph 22.02(c)(i)
will be estimated and advanced to the UT. Adjustments will be made once the UT
provides proof of receipt of Employment Insurance pregnancy benefits.
(e) The maternity allowance to which a UT is entitled is limited to that
provided in paragraph (c) and a UT will not be reimbursed for any amount that
she may be required to repay pursuant to the Employment Insurance Act.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time UT, the UT's weekly rate of pay on the day immediately
preceding the commencement of maternity leave without pay,
(ii) for a UT 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 UT's
straight time earnings by the straight time earnings the UT would have earned
working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to
which the UT 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 a
UT has been on an acting assignment for at least four (4) months, the weekly
rate shall be the rate she was being paid on that day.
(i) Where a UT 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 a UT's deferred remuneration or severance pay.
22.03 Special Maternity Allowance for Totally Disabled UTs
(a) A UT who:
(i) fails to satisfy the eligibility requirement specified in subparagraph
22.02(a)(ii) solely because a concurrent entitlement to benefits under the
Disability Insurance (DI) Plan, the Longterm Disability (LTD) Insurance
portion of the Public Service Management Insurance Plan (PSMIP) or the Government
Employees Compensation Act prevents her from receiving Employment
Insurance pregnancy benefits,
and
(ii) has satisfied all of the other eligibility criteria specified in
paragraph 22.02(a), other than those specified in sections (A) and (B) of
subparagraph 22.02(a)(iii),
shall be paid, in respect of each week of maternity allowance not received
for the reason described in subparagraph (i), the difference between
ninety-three per cent (93%) of her weekly rate of pay and the gross amount of
her weekly disability benefit under the DI Plan, the LTD Plan or via the Government
Employees Compensation Act.
(b) A UT shall be paid an allowance under this clause and under clause 22.02
for a combined period of no more than the number of weeks during which she would
have been eligible for pregnancy benefits pursuant to Section 22 of the Employment
Insurance Act had she not been disqualified from Employment Insurance
pregnancy benefits for the reasons described in subparagraph (a)(i).
22.04 Parental Leave Without Pay
(a) Where a UT 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 UT 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 UT's care.
(b) Where a UT 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 UT 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 UT's care.
(c) Notwithstanding paragraphs (a) and (b):
(i) where the UT's child is hospitalized within the period defined in the
above paragraphs, and the UT has not yet proceeded on parental leave without
pay,
or
(ii) where the UT 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 UT 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 UT's care.
**
(d) A UT who intends to request parental leave without pay shall notify the
Employer at least four (4) weeks in advance of the expected date of the
commencement date of such leave.
(e) The Employer may:
(i) defer the commencement of parental leave without pay at the request of
the UT;
(ii) grant the UT parental leave without pay with less than four (4) weeks'
notice;
(iii) require a UT to submit a birth certificate or proof of adoption of
the child.
(f) Parental leave without pay taken by a couple employed in the Public
Service shall not exceed a total of thirty-seven (37) weeks for both individuals
combined. For the purpose of this paragraph, Public Service means any portion of
the Public Service of Canada specified in the FAA Schedule I and IV.
(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.
22.05 Parental Allowance
(a) A UT 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 benefits pursuant to Section 23 of the Employment
Insurance Act in respect of insurable employment with the Employer,
and
(iii) has signed an agreement with the Employer stating that:
(A) the UT 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
UT will work for a period equal to the period the UT was in receipt of the
parental allowance, in addition to the period of time referred to in section
22.02(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:
(allowance received) |
X |
(remaining period to be worked
following his/her return to work)
|
|
|
[total period to be
worked as specified in (B)] |
**
however, a UT whose specified period of employment expired and who is
rehired in any portion of the Public Service of Canada as specified in the
FAA Schedule I and IV within a period of five (5) 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).
(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 UT'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).
(c) Parental Allowance payments made in accordance with the SUB Plan will
consist of the following:
(i) where a UT 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 for each week of the waiting period, less any
other monies earned during this period;
**
(ii) for each week in respect of which the UT receives parental benefits
pursuant to Section 23 of the Employment Insurance Act, the difference
between the gross weekly amount of the Employment Insurance parental benefits
he or she is eligible to receive and ninety-three per cent (93%) of his or her
weekly rate of pay less any other monies earned during this period which may
result in a decrease in Employment Insurance benefits to which he or she would
have been eligible if no extra monies had been earned during this period;
(d) At the UT's request, the payment referred to in subparagraph 22.06(c)(i)
will be estimated and advanced to the UT. Adjustments will be made once the UT
provides proof of receipt of EI parental benefits.
(e) The parental allowance to which a UT is entitled is limited to that
provided in paragraph (c) and a UT will not be reimbursed for any amount that he
or she is required to repay pursuant to the Employment Insurance Act.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time UT, the UT's weekly rate of pay on the day immediately
preceding the commencement of maternity or parental leave without pay;
(ii) for a UT 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 UT's straight time earnings by the straight time
earnings the UT would have earned working full time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to
which the UT 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 a
UT is performing an acting assignment for at least four (4) months, the weekly
rate shall be the rate the UT was being paid on that day.
(i) Where a UT 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 a UT's deferred remuneration or severance pay.
22.06 Special Parental Allowance for Totally Disabled UTs
(a) A UT who:
(i) fails to satisfy the eligibility requirement specified in subparagraph
22.06(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 UT from receiving Employment
Insurance parental benefits,
and
(ii) has satisfied all of the other eligibility criteria specified in
paragraph 22.06(a), other than those specified in sections (A) and (B) of
subparagraph 22.06(a)(iii),
shall be paid, in respect of each week of benefits under the parental
allowance not received for the reason described in subparagraph (i), the
difference between ninety-three per cent (93%) of the UT's rate of pay 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) A UT shall be paid an allowance under this clause and under clause 22.06
for a combined period of no more than the number of weeks during which the UT
would have been eligible for parental benefits pursuant to Section 23 of the Employment
Insurance Act, had the UT not been disqualified from Employment Insurance
parental benefits for the reasons described in subparagraph (a)(i).
**
23.01 Leave for the Care of Immediate Family
For the purpose of this article, family is defined as spouse (or common-law
partner resident with the employee), children (including foster children or
children of legal or common-law partner), parents (including stepparents or
foster parents) or any relative permanently residing in the employee's household
or with whom the employee permanently resides.
Subject to operational requirements, a UT shall be granted leave without pay
for the personal care of family, as defined in the above paragraph, in
accordance with the following conditions:
(a) a UT shall notify the Employer in writing as far in advance as possible
but not less than four (4) weeks in advance of the commencement date of such
leave, unless because of an urgent or unforeseeable circumstance such notice
cannot be given;
(b) leave granted under this clause shall be for a minimum period of six (6)
weeks;
(c) the total leave granted under this clause shall not exceed five (5) years
during a UT's total period of employment in the Public Service;
(d) leave granted under this clause for a period of more than three (3)
months shall be deducted from the calculation of "continuous
employment" for the purposes of calculating severance pay and from the
calculation of "service" for the purposes of calculating vacation
leave;
and
(e) time spent on such leave shall not be counted for pay increment purposes.
23.02 Leave for Personal Needs
Leave without pay will be granted for personal needs in the following manner:
(a) subject to operational requirements, leave without pay for a period of up
to three (3) months will be granted to a UT for personal needs;
(b) subject to operational requirements, leave without pay for more than
three (3) months but not exceeding one (1) year will be granted to a UT for
personal needs;
(c) a UT is entitled to leave without pay for personal needs only once (1)
under each of (a) and (b) of this clause during the UT's total period of
employment in the Public Service. Leave without pay granted under this clause
may not be used in combination with maternity, paternity or adoption leave
without the consent of the Employer;
(d) leave without pay granted under (a) of this clause shall be counted as
"continuous employment" for the purpose of calculating severance pay
and as "service" for the purpose of calculating vacation leave. Time
spent on such leave shall not be counted for pay increment purposes;
and
(e) leave without pay granted under (b) of this clause shall be deducted from
the calculation of "continuous employment" for the purpose of
calculating severance pay and from "service" for the purpose of
calculating vacation leave for the UT involved. Time spent on such leave shall
not be counted for pay increment purposes.
23.03 Leave for Relocation of Spouse
(a) At the request of a UT, leave without pay for a period of up to one (1)
year shall be granted to a UT whose spouse is permanently relocated and up to
five (5) years to a UT whose spouse is temporarily relocated.
(b) Leave without pay granted under this clause shall be deducted from the
calculation of "continuous employment" for the purpose of calculating
severance pay and from "service" for the purpose of calculating
vacation leave for the UT involved, except where the period of such leave is
less than three (3) months. Time spent on such leave which is for a period of
more than three (3) months shall not be counted for pay increment purposes.
23.04 Leave for Service or Political Office
A UT may request leave without pay in order to:
(a) fulfil duties assumed as a member of the Canadian Armed Forces Reserves;
and/or
(b) be a candidate for political office in municipal government, or to assume
the duties of such an office.
Such leave shall not unreasonably be denied. In making its decision, the
Employer shall take into consideration the duration and timing of the leave
requested and the operational needs of the College.
(c) Leave without pay granted under (b) of this clause shall be deducted from
the calculation of "continuous employment" for the purpose of
calculating severance pay and from "service" for the purpose of
calculating vacation leave for the UT involved. Time spent on such leave shall
not be counted for pay increment purposes.
**
24.01 UTs shall be granted a pedagogical break of four (4) days of
leave with pay, which shall be taken on the first four (4) working days after
December 26th.
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