1.01 The purpose of this Agreement is to maintain
harmonious and mutually beneficial relationships between the Employer, the
employees and the Institute, to set forth certain terms and conditions of
employment relating to remuneration, hours of work, employee benefits and
general working conditions affecting employees described in the certificate
issued by the Public Service Labour Relations Board on June 16, 1999, covering
employees of the Audit, Commerce and Purchasing Group.
1.02 The parties to this Agreement share a desire to
improve the quality of the Public Service of Canada, to maintain professional
standards and to promote the well-being and increased efficiency of its
employees to the end that the people of Canada will be well and effectively
served. Accordingly, they are determined to establish within the framework
provided by law, an effective working relationship at all levels of the Public
Service in which members of the bargaining units are employed.
2.01 For the purpose of this Agreement:
(a) "bargaining unit" means the employees of
the Employer in the group described in Article 25 - Recognition;
**
(b) "common-law partner" refers to a person
living in a conjugal relationship with an employee for a continuous period of at
least one year (conjoint de fait);
(c) "compensatory leave" means leave with pay
in lieu of cash payment for overtime, work performed on a designated holiday,
travelling time compensated at overtime rate, call-back and reporting pay. The
duration of such leave will be equal to the time compensated or the minimum time
entitlement multiplied by the applicable overtime rate. The rate of pay to which
an employee is entitled during such leave shall be based on the employee's
hourly rate of pay as calculated from the classification prescribed in the
employee's certificate of appointment on the day immediately prior to the day on
which leave is taken;
(d) "continuous employment" has the same
meaning as specified in the Public Service Terms and Conditions of Employment
Regulations on the date of signing of this agreement;
(e) "daily rate of pay" means an employee's
weekly rate of pay divided by five (5);
(f) "day of rest" in relation to an employee
means a day, other than a designated paid holiday, on which that employee is not
ordinarily required to perform the duties of the employee's position other than
by reason of the employee being on leave;
(g) "designated paid holiday" means the
twenty-four (24) hour period commencing at 00:01 hour of a day designated as a
holiday in this Agreement;
(h) "double time" means two (2) times the
employee's hourly rate of pay;
(i) "employee" means a person so defined by the
Public Service Labour Relations Act and who is a member of the bargaining
unit;
(j) "Employer" means Her Majesty in right of
Canada as represented by the Treasury Board, and includes any person authorized
to exercise the authority of the Treasury Board;
(k) "headquarters area" has the same meaning as
given to the expression in the Travel Policy;
(l) "hourly rate of pay" means a full-time
employee's weekly rate of pay divided by thirty-seven and one-half (37 1/2);
(m) "Institute" means the Professional
Institute of the Public Service of Canada;
(n) "lay-off" means the termination of an
employee's employment because of lack of work or because of the discontinuance
of a function;
(o) "leave" means authorized absence from duty
by an employee during the employee's regular or normal hours of work;
(p) "membership dues" means the dues
established pursuant to the by-laws and regulations of the Institute as the dues
payable by its members as a consequence of their membership in the Institute,
and shall not include any initiation fee, insurance premium, or special levy;
(q) "overtime" means work required by the
Employer, to be performed by the employee in excess of his daily hours of work;
(r) "partner" will, when required, be
interpreted to include "common-law spouse" except, for the purposes of
the Foreign Service Directives, the definition of "spouse" will remain
as specified in Directive 2 of the Foreign Service Directive;
(s) "straight-time rate" means the employee's
hourly rate of pay;
(t) "time and one-half" means one and one half
(1 1/2) times the employee's hourly rate of pay;
(u) "weekly rate of pay" means an employee's
annual rate of pay divided by 52.176.
2.02 Except as otherwise provided in this Agreement,
expressions used in this Agreement,
(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,
and
(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.
3.01 Both the English and French texts of this
Agreement shall be official.
4.01 The provisions of this Agreement apply to the
Institute, employees and the Employer.
4.02 In this Agreement, words importing the masculine
gender shall include the feminine gender.
5.01 All the functions, rights, powers and authority
which the Employer has not specifically abridged, delegated or modified by this
Agreement are recognized by the Institute as being retained by the Employer.
6.01 Nothing in this Agreement shall be construed as
an abridgement or restriction of an employee's constitutional rights or of any
right expressly conferred in an Act of the Parliament of Canada.
Preamble
For the purpose of this article: "Publication" shall
include, for example, scientific and professional papers, articles, manuscripts,
monographs, audio and visual products, and computer software.
7.01 The Employer agrees to continue the present
practice of ensuring that employees have ready access to all publications
considered necessary to their work by the Employer.
7.02 The Employer agrees that publications prepared
by an employee, within the scope of the employee's employment, will be retained
on appropriate departmental files for the normal life of such files. The
Employer will not unreasonably withhold permission for publication. At the
Employer's discretion, recognition of authorship will be given where practicable
in departmental publications.
7.03 When an employee acts as a sole or joint author
or editor of a publication, the authorship or editorship shall normally be
acknowledged on such publication.
7.04
(a) The Employer may suggest revisions to a publication and may
withhold approval to publish.
(b) When approval for publication is withheld, the author(s)
shall be so informed in writing of the reasons, if requested by the employee.
(c) Where the Employer wishes to make changes in a publication
with which the author does not agree, the employee shall not be credited
publicly if the employee so requests.
General
8.01 For the purpose of this Article:
(a) a week shall consist of seven (7) consecutive days beginning
at 00:01 hours Monday and ending at 24:00 hours Sunday;
(b) the day is a twenty-four (24) hour period commencing at
00:01 hours.
8.02 Employees may be required to submit monthly
attendance registers; only those hours of overtime and absences need be
specified.
8.03 Where operational requirements permit, the
Employer will provide two (2) rest periods of fifteen (15) minutes each per full
working day.
8.04 Except as provided for in clauses 8.05, 8.06 and
8.07:
(a) the normal work week shall be Monday to Friday inclusive;
(b) an employee shall be granted two (2) consecutive days of
rest during each seven (7) day period unless operational requirements do not so
permit;
(c) the scheduled work week shall be thirty-seven and one-half
(37 1/2) hours;
(d) the scheduled work day shall be seven and one-half (7 1/2)
consecutive hours, exclusive of a meal period, between the hours of 7:00 a.m.
and 6:00 p.m.;
and
(e) upon the request of an employee and the concurrence of the
Employer, an employee may work flexible hours on a daily basis so long as the
daily hours amount to seven and one-half (7 1/2).
Variable
Hours of Work
8.05
Compressed Work Week
(a) Notwithstanding the provisions of this Article, upon request
of an employee and the concurrence of the Employer, an employee may complete his
or her weekly hours of employment in a period of other than five (5) full days
provided that over a period of fourteen (14), twenty-one (21) or twenty-eight
(28) calendar days the employee works an average of thirty-seven and one-half
(37 1/2) hours per week. As part of the provisions of this clause, attendance
reporting shall be mutually agreed between the employee and the Employer. In
every of fourteen (14), twenty-one (21) or twenty-eight (28) day period such an
employee shall be granted days of rest on such days as are not scheduled as a
normal work day for him or her.
(b) 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.
Terms
and Conditions Governing the Administration of Variable Hours of Work
8.06 The Employer and the Institute agree that for
those employees to whom the provisions of clause 8.05 apply, the provisions of
this Agreement which specifies days shall be converted to hours. Where this
Agreement refers to a "day", it shall be converted to seven and
one-half (7 1/2) hours, except in clause 17.02, Bereavement Leave with pay,
where a day means a calendar day. Whenever an employee changes his or her
variable hours or no longer works variable hours, all appropriate adjustments
will be made.
8.07
For greater clarity, the following provisions of this Agreement shall be
administered as provided herein:
(a) Interpretation and Definitions (paragraph 2.01(e))
"Daily rate of pay" - shall not apply.
(b) Overtime (paragraph 9.01(a))
Overtime shall be compensated for all work performed in excess
of an employee's scheduled hours of work on normal working days.
(c) Designated Paid Holidays (paragraph 9.01(e))
A designated paid holiday shall account for seven and one-half
(7 1/2) hours.
(d) Travel (clause 13.01)
Overtime compensation referred to in clause 13.01 shall only be
applicable on a work day for hours in excess of the employee's daily scheduled
hours of work.
(e) Leave
When leave is granted, it will be granted on an hourly basis and
the hours debited for each day of leave shall be the same as the hours the
employee would normally have been scheduled to work on that day.
The converted amounts are as follows:
(i) one and two-thirds (1 2/3) days - twelve decimal five
zero (12.50) hours;
(ii) two and one-twelfth (2 1/12) days - fifteen decimal six
two five (15.625) hours;
(iii) five-twelfths (5/12) day - three decimal one two five
(3.125) hours;
(iv) two and one-half (2 1/2) days - eighteen decimal seven
five (18.75) hours.
9.01 When an employee is required by the Employer to
work overtime he shall be compensated as follows:
(a) on his normal work day, at the rate of time and one-half (1
1/2) for each hour of overtime worked for the first seven and one-half (7 1/2)
overtime hours worked and double (2) time thereafter;
(b) on his first (1st) day of rest, at time and
one-half (1 1/2) for each hour of overtime worked;
(c) on his second (2nd) or subsequent day of rest, at
double (2) time for each hour of overtime worked. Second (2nd) or
subsequent day of rest means the second or subsequent day in an unbroken series
of consecutive and contiguous calendar days of rest;
(d) notwithstanding paragraph (c) above, if, in an unbroken
series of consecutive and contiguous calendar days of rest, the Employer permits
the employee to work the required overtime on a day of rest requested by the
employee, then the compensation shall be at time and one-half (1 1/2) for the
first (1st) day worked.
(e)
(i) on a designated holiday, compensation shall be granted
on the basis of time and one-half (1 1/2) for each hour worked, addition to
the compensation that he would have been granted had he not worked on the
designated holiday;
or
(ii) when an employee works on a holiday, contiguous to a
second day of rest on which he also worked and received overtime in
accordance with paragraph 9.01(c), he shall be paid in addition to the pay
that he would have been granted had he not worked on the holiday, two (2)
times his hourly rate of pay for all hours worked.
9.02 All calculations for overtime shall be based on
each completed period of fifteen (15) minutes.
9.03
(a) Except in cases of emergency, call-back, stand-by or mutual
agreement the Employer shall whenever possible give at least twelve (12) hours'
notice of any requirement for the performance of overtime.
(b) Subject to the operational requirements, the Employer shall
make every reasonable effort to avoid excessive overtime and to offer overtime
work on an equitable basis among readily available qualified employees.
**
9.04 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, which will be calculated at the applicable
premium rate laid down in this Article. Compensatory leave earned in a fiscal
year and outstanding on December 31 of the next following fiscal year shall be
paid at the employee's daily rate of pay on December 31.
9.05 When a payment is being made as a result of the
application of this Article, the Employer will endeavour to make such payment
within six (6) weeks following the end of the pay period for which the employee
requests payment, or, if payment is required to liquidate compensatory leave
outstanding at the expiry of the fiscal year, the Employer will endeavour to
make such payment within six (6) weeks of the commencement of the first (1st)
pay period after September 30 of the next following fiscal year.
9.06
**
(a) An employee who works three (3) or more hours of overtime
immediately before or immediately following his scheduled hours of work shall be
reimbursed for one meal in the amount of ten dollars and fifty cents ($10.50),
except where free meals are provided. Reasonable time with pay to be determined
by the Employer shall be allowed the employee in order to take a meal either at
or adjacent to his place of work.
**
(b) When an employee works overtime continuously extending four
(4) hours or more beyond the period provided in (a) above, he shall be
reimbursed for one additional meal in the amount of ten dollars and fifty cents
($10.50), except where free meals are provided. 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.
(c) Paragraphs 9.06(a) and (b) shall not apply to an employee
who is in travel status which entitles the employee to claim expenses for
lodging and/or meals.
**
9.07 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.
10.01 When an employee is called back to work or when
an employee who is on stand-by duty is called back to work by the Employer any
time outside his normal working hours he shall be entitled to the greater of:
(a) a minimum of three (3) hours' pay at the applicable overtime
rate, for each call-back to a maximum of eight (8) hours' pay in an eight (8)
hour period,
or
(b) compensation at the applicable overtime rate for each hour
worked.
**
10.02 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, which will be calculated at the applicable
premium rate laid down in this Article. Compensatory leave earned in a fiscal
year and outstanding on December 31st of
the next following fiscal year shall be paid at the employee's daily rate of pay
on December 31.
10.03 When a payment is being made as a result of the
application of this Article, the Employer will endeavour to make such payment
within six (6) weeks following the end of the pay period for which the employee
requests payment, or, if payment is required to liquidate compensatory leave
outstanding at the expiry of the fiscal year, the Employer will endeavour to
make such payment within six (6) weeks of the commencement of the first (1st)
pay period after September 30 of the next following fiscal year.
10.04 Other than when required by the Employer to use
a vehicle of the Employer for transportation to a work location other than the
employee's normal place of work, time spent by the employee reporting to work or
returning to his or her residence shall not constitute time worked.
11.01 When the Employer requires an employee to be
available on standby 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 standby duty.
11.02 An employee on standby who is called in to work
by the Employer and who reports for work shall be compensated in accordance with
Article 10, Call-Back.
**
11.03 An employee required to be on standby duty
shall be available during his period of standby at a known telephone, cellular
phone, and/or pager number and be able to return for duty as quickly as possible
if called. In designating employees for standby, the Employer will endeavour to
provide for the equitable distribution of standby duties.
11.04 No standby duty payment shall be granted if any
employee is unable to report for duty when required.
11.05 Other than when required by the Employer to use
a vehicle of the Employer for transportation to a work location other than an
employee's normal place of work, time spent by the employee reporting to work or
returning to his or her residence shall not constitute time worked.
**
11.06 Compensation earned under this Article shall be
compensated in cash except where, upon application by the employee and at the
discretion of the Employer, such compensation may be taken in the form of
compensatory leave in accordance with clauses 9.04 and 9.05 of Article 9,
Overtime.
12.01 Subject to clause 12.02 below, 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 30, Leave for Labour 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 above
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.
When a day that is a designated holiday is so moved to a day on which the
employee is on leave with pay, that day shall count as a holiday and not as a
day of leave.
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 above:
(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
Compensation for Work on a Paid Holiday
Compensation for work on a paid holiday will be in accordance
with Article 9, Overtime.
12.06
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 above, the designated paid holiday shall not count
as a day of leave.
12.07 Where operational
requirements permit, the Employer shall not schedule an employee to work both
December 25 and January 1 in the same holiday season.
12.08 When an employee is required to report for work
and reports on a designated holiday, he shall be paid the greater of:
(a) compensation at the applicable overtime rate,
or
(b) compensation equivalent to four (4) hours' pay at his
straight-time rate of pay.
13.01 When the Employer requires an employee to
travel outside the employee's headquarters area for the purpose of performing
duties, the employee shall be compensated in the following manner:
(a) On a normal working day on which the employee travels but
does not work, the employee shall receive the employee's regular pay for the
day.
(b) On a normal working day on which the employee travels and
works, the employee shall be paid:
(i) regular pay for the day for a combined period of travel
and work not exceeding seven and one-half (7 1/2) hours,
and
(ii) at the applicable overtime rate for additional travel
time in excess of a seven and one-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 paid 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.
13.02 For the purpose of clause 13.01 above, 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 work place, as applicable, direct to the employee's destination
and, upon the employee's return, direct back to the employee's residence
or work place.
(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.
13.03 All calculations for travelling time shall be
based on each completed period of fifteen (15) minutes.
**
13.04 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, which will be calculated at the applicable
premium rate laid down in this Article. Compensatory leave earned in a fiscal
year and outstanding on December 31 of the next following fiscal year shall be
paid at the employee's daily rate of pay on December 31.
13.05 When a payment is being made as a result of the
application of this Article, the Employer will endeavour to make such payment
within six (6) weeks following the end of the pay period for which the employee
requests payment, or, if payment is required to liquidate compensatory leave
outstanding at the expiry of the fiscal year, the Employer will endeavour to
make such payment within six (6) weeks of the commencement of the first (1st)
pay period after September 30 of the next following fiscal year.
13.06 This Article does not apply to an employee
required to perform work in any type of transport in which the employee is
travelling. In such circumstances, the employee shall receive pay for actual
hours worked in accordance with the Articles: Hours of Work, Overtime,
Designated Paid Holidays.
**
13.07 Travelling time shall include time necessarily
spent at each stop-over en route up to a maximum of five (5) hours provided that
such stop-over does not include an overnight stay.
13.08 Compensation under this Article shall not be
paid for travel time to courses, training sessions, conferences and seminars
unless the employee is required to attend by the Employer.
13.09
Travel Status Leave
(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 permanent residence for forty (40) nights
during a fiscal year shall be granted one (1) day off with pay. The employee
shall be credited with one additional day 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 the clause 9.04.
**
(d) The provisions of this clause do not apply when the employee
travels in connection with courses, training sessions, professional conferences
and seminars, unless the employee is required to attend by the Employer.
14.01 An employee is entitled, once in each fiscal
year, to be informed, upon request, of the employee's balance of vacation,
furlough or sick leave with pay credits.
14.02 The amount of leave with pay credited to an
employee by the Employer at the time when this Agreement is signed, or at the
time when the employee becomes subject to this Agreement, shall be retained by
the employee.
14.03 An employee 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 the 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.
14.04 An employee shall not be granted two (2)
different types of leave with pay in respect of the same period of time.
14.05 An Employee is not entitled to leave with pay
during periods the employee is on leave without pay or under suspension.
14.06 When an employee, who has been granted more
vacation, furlough or sick leave with pay than has been earned, is laid-off or
dies, the employee is considered to have earned the amount of leave with pay
that has been granted to that employee.
**
14.07 In the event of termination of employment for
reasons other than death, incapacity or lay-off, the Employer shall recover from
any monies owed the employee an amount equivalent to unearned vacation and sick
leave taken by the employee, as calculated from the classification prescribed in
his certificate of appointment on the date of the termination of his employment.
14.08 An employee shall not earn leave credits under
this Collective Agreement in any month for which leave has already been credited
to him under the terms of any other collective agreement to which the Employer
is a party or under other rules or regulations of the Employer.
14.09
(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 being equal to the number
of hours of work scheduled for the employee for the day in question.
(c) Notwithstanding the above, in paragraph 17.02, Bereavement
Leave with Pay, a "day" will mean a calendar day.
15.01 The vacation year shall be from April 1st
to March 31st, inclusive.
15.02
Accumulation of Vacation Leave Credits
An employee shall earn vacation leave credits for each calendar
month during which he receives pay for at least ten (10) days at the following
rate:
(a) nine decimal three seven five (9.375) hours at the
employee's straight-time hourly rate until the month in which the employee's
eighth (8th) anniversary of service occurs;
(b) twelve decimal five (12.5) hours at the employee's
straight-time hourly rate commencing the month in which the employee's eighth (8th)
anniversary of service occurs;
(c) thirteen decimal seven five (13.75) hours at the employee's
straight-time hourly rate commencing with the month in which the employee's
sixteenth (16th) anniversary of service occurs;
(d) fourteen decimal three seven five (14.375) hours at the
employee's straight-time hourly rate commencing with the month in which the
anniversary of the employee's seventeenth (17th) year of service
occurs;
(e) fifteen decimal six two five (15.625) hours at the
employee's straight-time hourly rate commencing with the month in which the
anniversary of the employee's eighteenth (18th) year of service
occurs;
(f) sixteen decimal eight seven five (16.875) hours at the
employee's straight-time hourly rate commencing with the month in which the
employee's twenty-seventh (27th) anniversary of service occurs;
(g) eighteen decimal seven five (18.75) hours at the employee's
straight-time hourly rate commencing with the month in which the anniversary of
the employee's twenty-eighth (28th) anniversary of service occurs;
(h) However, an employee who is entitled to or who has received
furlough leave shall have the vacation leave credits earned under this Article,
reduced by three decimal one two five (3.125) hours per month from the beginning
of the month in which the employee completes his or her twentieth (20th)
year of continuous employment until the beginning of the month in which the
employee completes his or her twenty-fifth (25th) year of continuous
employment.
15.03
(a) For the purpose of clause 15.02 above 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 (1) year following the date of lay-off.
(b) Notwithstanding paragraph (a) above, an employee who was a
member of the PG bargaining unit on May 17, 1989 or an employee who became a
member of the PG bargaining unit between May 17, 1989 and May 31, 1990 shall
retain, for the purpose of "service" and of establishing his or her
vacation entitlement pursuant to this Article, those periods of former service
which had previously qualified for counting as continuous employment, until such
time as his or her employment in the Public Service is terminated.
**
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 is entitled to 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) In order to maintain operational requirements, 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.
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(c) The Employer shall give an employee as much notice as is
practicable and reasonable of approval, denial or cancellation of a request for
vacation or furlough leave. In the case of denial, alteration or cancellation of
such leave, the Employer shall give the written reason thereof, upon written
request from the employee.
15.06
Replacement of Vacation Leave
Where, in respect of any period of vacation leave, 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 on production of a medical
certificate,
or
(d) is granted court leave in accordance with clause 17.14,
the period of vacation leave 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.
15.07
Carry-Over and Liquidation of Vacation Leave
(a) Where in any vacation year all of the vacation leave
credited to an employee has not been scheduled, the employee may carry over into
the following vacation year up to a maximum of thirty-five (35) days credits.
All vacation credits in excess of thirty-five (35) days 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.
(b) 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 fifteen (15) days 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 31st, of the
previous vacation year.
(c) Notwithstanding paragraph (a), if on the date of signing of
this Agreement or on the date an employee becomes subject to this Agreement, he
or she has more than two hundred and sixty-two point five (262.5) hours of
unused vacation leave credits earned during previous years, a minimum of
seventy-five (75) hours credit per year shall be granted, or paid in cash by
March 31st of each year, until all vacation leave credits in excess
of two hundred and sixty-two point five (262.5) hours have been liquidated.
Payment shall be in one instalment per year, and shall be at his or her daily
rate of pay as calculated from the classification prescribed in his or her
certificate of appointment of his or her substantive position on March 31st
of the applicable previous vacation year.
15.08
Recall From Vacation Leave
Where, during any period of vacation 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.
15.09 The employee shall not be considered as being
on vacation leave during any period in respect of which he is entitled under
clause 15.08 above to be reimbursed for reasonable expenses incurred by him.
15.10
Cancellation of Vacation Leave
When the Employer cancels or alters a period of vacation 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.
15.11
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.
15.12
Leave When Employment Terminates
When an employee dies or otherwise ceases to be employed, the
employee or the employee's estate shall be paid an amount equal to the product
obtained by multiplying the number of days of earned but unused vacation and
furlough 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 employment.
15.13
Vacation Leave Credits for Severance Pay
Where the employee requests, the Employer shall grant the
employee's unused vacation leave credits prior to termination of employment if
this will enable the employee, 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.
15.14
Abandonment
Notwithstanding clause 15.13 above, 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 above if he requests
it within six (6) months following the date upon which his employment is
terminated.
15.15
Recovery on Termination
In the event of the termination of employment for reasons other
than death or lay-off the Employer shall recover from any monies owed the
employee, an amount equivalent to unearned vacation leave taken by the employee,
calculated on the basis of the rate of pay applicable to his classification on
the date of termination.
15.16
Appointment to a Separate Employer
Notwithstanding clause 15.12, an employee who resigns to accept
an appointment with an organization listed in the FAA Schedule V may
choose not to be paid for unused vacation and furlough leave credits, provided
that the appointing organization will accept such credits.
15.17
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 FAA Schedule V in order to take a
position with the Employer if the transferring employee is eligible and has
chosen to have these credits transferred.
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