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Radio Operations (RO)

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ARTICLE 19
OTHER LEAVE WITH OR WITHOUT PAY

**

Volunteer Leave

19.01 Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the officer shall be granted, in each fiscal year, a single period of up to seven decimal five (7.5) hours of leave with pay to work as a volunteer for a charitable or community organization or activity, other than for activities related to the Government of Canada Workplace Charitable Campaign.

The leave will be scheduled at times convenient both to the officer and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leaves at such times as the officer may request.

Bereavement Leave With Pay

**

19.02 For the purpose of this clause, immediate family is defined as father, mother (or alternatively stepfather, stepmother, or foster parent), brother, sister, spouse, (including common-law partner resident with the officer), child (including child of common-law partner), stepchild or ward of the officer, grandparent, father-in-law, mother-in-law, grandchild and relative permanently residing in the officer's household or with whom the officer permanently resides.

(a) When a member of his immediate family dies, an officer shall be entitled to a bereavement period of five (5) consecutive calendar days, including the day of the funeral. During such period he shall be paid for those days which are not regularly scheduled days of rest for that officer. In addition, the officer may be granted up to three (3) days' leave with pay for the purpose of travel related to the death.

(b) An officer is entitled to up to one (1) day's bereavement leave with pay for the purpose related to the death of his son-in-law, daughter-in-law, brother-in-law or sister-in-law.

(c) If, during a period of compensatory leave, an officer is bereaved in circumstances under which he would have been eligible for leave under paragraph 19.02(a) or (b) of this clause, he shall be granted leave and his compensatory leave credits shall be restored to the extent of any concurrent leave granted.

(d) It is recognized by the parties that the circumstances which call for leave in respect of bereavement are based on individual circumstances; on request, the Deputy Head of a department may, after considering the particular circumstances involved, grant leave with pay for a period greater than that provided for in paragraphs 19.02(a) and (b).

Court Leave with Pay

19.03 The Employer shall grant leave with pay to an officer for the period of time he is compelled:

(a) to be available for jury selection;

(b) to serve on a jury;

or

(c) by subpoena, summons or other legal instrument 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, otherwise than in the performance of the duties of his 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.

Personnel Selection Leave With Pay

19.04 Where an officer participates in a personnel selection process for a position in the Public Service, as defined in Schedule I and IV of the Financial Administration Act, the officer is entitled to leave with pay for the period during which the officer's presence is required for purposes of the selection process, and for such further period as the Employer considers reasonable for the officer to travel to and from the place where his presence is so required. This clause applies equally in respect of the personnel selection process related to deployment.

Maternity Leave Without Pay

19.05

(a) An officer 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 officer has not yet proceeded on maternity leave without pay and her newborn child is hospitalized,

or

(ii) where the officer 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 officer 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 an officer to submit a medical certificate certifying pregnancy.

(e) An officer 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 17, Sick Leave With Pay. For purposes of this subparagraph, the terms "illness" or "injury" used in Article 17, Sick Leave With Pay, shall include medical disability related to pregnancy.

(f) An officer 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.

19.06 Maternity Allowance

(a) An officer 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 (j), 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, an officer whose specified period of employment expired and who is rehired in any portion of the Public Service of Canada as specified in Schedule I and IV of the Financial Administration 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 section (a)(iii)(B) and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the officer'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 an officer 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 officer 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 officer's request, the payment referred to in subparagraph 19.06(c)(i) will be estimated and advanced to the officer. Adjustments will be made once the officer provides proof of receipt of Employment Insurance pregnancy benefits.

(e) The maternity allowance to which an officer is entitled is limited to that provided in paragraph (c) and an officer 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 officer, the officer's weekly rate of pay on the day immediately preceding the commencement of maternity leave without pay,

(ii) for an officer 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 officer's straight time earnings by the straight time earnings the officer 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 officer 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 officer 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 an officer 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 officer's deferred remuneration or severance pay.

19.07 Special Maternity Allowance for Totally-Disabled Officers

(a) An officer who:

(i) fails to satisfy the eligibility requirement specified in subparagraph 19.06(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 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 19.06(a), other than those specified in sections (A) and (B) of subparagraph 19.06(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) An officer shall be paid an allowance under this clause and under clause 19.06 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).

19.08 Parental Leave Without Pay

(a) Where an officer 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 officer 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 officer's care.

(b) Where an officer 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 officer 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 officer's care.

**

(c) Notwithstanding paragraphs (a) and (b) above, at the request of an officer and at the discretion of the Employer, the leave referred to with the paragraphs (a) and (b) above may be taken in two (2) periods.

**

(d) Notwithstanding paragraphs (a) and (b):

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

or

(ii) where the officer 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 officer 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 officer's care.

**

(e) An officer 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.

(f) The Employer may:

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

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

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

(g) 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 Schedule I and IV of the Financial Administration Act.

(h) 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.

19.09 Parental Allowance

(a) An officer 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 (j), 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 officer 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 officer will work for a period equal to the period the officer was in receipt of the parental allowance, in addition to the period of time referred to in section 19.06(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, an officer whose specified period of employment expired and who is rehired in any portion of the Public Service of Canada as specified in Schedule I and IV of the Financial Administration 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).

(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 officer'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 an officer 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 officer 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 officer's request, the payment referred to in subparagraph 19.09(c)(i) will be estimated and advanced to the officer. Adjustments will be made once the officer provides proof of receipt of EI parental benefits.

(e) The parental allowance to which an officer is entitled is limited to that provided in paragraph (c) and an officer 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 officer, the officer's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;

(ii) for an officer 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 officer's straight time earnings by the straight time earnings the officer 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 officer 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 officer is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the officer was being paid on that day.

(i) Where an officer 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 officer's deferred remuneration or severance pay.

19.10 Special Parental Allowance for Totally Disabled Officers

(a) An officer who:

(i) fails to satisfy the eligibility requirement specified in subparagraph 19.09(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 officer from receiving Employment Insurance parental benefits,

and

(ii) has satisfied all of the other eligibility criteria specified in paragraph 19.09(a), other than those specified in sections (A) and (B) of subparagraph 19.09(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 officer'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) An officer shall be paid an allowance under this clause and under clause 19.09 for a combined period of no more than the number of weeks during which the officer would have been eligible for parental benefits pursuant to Section 23 of the Employment Insurance Act, had the officer not been disqualified from Employment Insurance parental benefits for the reasons described in subparagraph (a)(i).

Injury-on-duty Leave With Pay

19.11 An officer 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 officer is unable to work because of:

(a) personal injury received in the performance of his duties and not caused by the officer's willful misconduct,

or

(b) an industrial illness or a disease arising out of and in the course of his employment,

if the officer agrees to remit to the Receiver General of Canada any amount received by him 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 officer or his agent has paid the premium.

Leave For Other Reasons

19.12 At its discretion, the Employer may grant:

(a) leave with pay when circumstances not directly attributable to the officer prevent his reporting for duty. Such leave shall not be unreasonably withheld;

(b) leave with or without pay for purposes other than those specified in this Agreement.

Personal Leave

(c)

**

(i) Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the officer shall be granted, in each fiscal year, a single period of up to seven decimal five (7.5) hours of leave with pay for reasons of a personal nature.

(ii) The leave will be scheduled at times convenient to both the officer and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leaves at such times as the officer may request.

Leave with Pay for Family-Related Responsibilities

19.13

**

(a) For the purpose of this clause, family is defined as spouse (or common-law partner resident with the officer), children (including foster children, children of legal or common-law partner), parents (including stepparents or foster parents), or any relative permanently residing in the officer's household or with whom the officer permanently resides.

(b) The Employer shall grant leave with pay under the following circumstances:

(i) an officer 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 officer shall be granted up to the officer's regularly scheduled daily hours of work 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 officer requesting leave under this provision must notify his supervisor of the appointment as far in advance as possible;

(ii) up to thirty-seven decimal five (37.5) consecutive hours of leave with pay to provide for the immediate and temporary care of a sick or elderly member of the officer's family and to provide an officer with time to make alternative care arrangements where the illness is of a longer duration;

(iii) leave with pay in an amount equal to twice the officer's regularly scheduled daily hours of work for needs directly related to the birth or to the adoption of the officer's child. This leave may be divided into two (2) periods and granted on separate days.

(c) The total leave with pay which may be granted under sub-paragraphs (b)(i), (ii) and (iii) shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year.

**

Leave Without Pay for the Care of Immediate Family

19.14

(a) Both parties recognize the importance of access to leave for the purpose of care for the immediate family.

(b) For the purpose of this Article, family is defined as spouse (or common-law partner resident with the officer), children (including foster children or spouse or common-law partner) parents (including stepparents or foster parents) or any relative permanently residing in the officer's household or with whom the officer permanently resides.

(c) Subject to clause (b), an officer shall be granted leave without pay for the care of family in accordance with the following conditions:

(i) an officer 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 urgent or unforeseeable circumstances, such notice cannot be given;

(ii) leave granted under this Article shall be for a minimum period of three (3) weeks;

(iii) the total leave granted under this Article shall not exceed five (5) years during an officer's total period of employment in the Public Service;

(iv) leave granted for a period of one (1) year or less shall be scheduled in a manner which ensures continued service delivery;

(v) leave which is for a period of more than three (3) months, granted under this clause, shall be deducted from the calculation of "continuous employment" for the purpose of calculating severance pay; and

(vi) time spent on such leave shall not be counted for pay increment purposes.

(d) An officer who has proceeded on leave without pay may change his or her return to work date if such change does not result in additional costs to the Employer.

(e) All leave granted under Leave Without Pay for the Care and Nurturing of Pre-School Age Children under the terms of previous Radio Operations collective agreements or other agreements will not count towards the calculation of the maximum amount of time allowed for Care of Immediate Family during an officer's total period of employment in the Public Service.

Transitional provisions

(f) These transitional provisions are applicable to officers who have been granted and have proceeded on leave on or after the date of signature of this agreement.

(i) An officer who, on the date of signature of this agreement, is on Leave Without Pay for the Care and Nurturing of Pre-School Age Children under the terms of a previous agreement continues on that leave for the approved duration or until the officer's return to work, if the officer returns to work before the end of the approved leave.

(ii) An officer who becomes a member of the bargaining unit on or after the date of signature of this agreement and who is on Leave Without Pay for the Long-Term Care of a Parent or on Leave Without Pay for the Care and Nurturing of Pre-School Age Children under the terms of another agreement, continues on that leave for the approved duration or until the officer's return to work before the end of the approved leave.

Leave Without Pay for Family-Related Needs

19.15 Leave without pay will be granted for family-related 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 an officer for family-related needs.

(b) Subject to operational requirements, leave without pay of more than three (3) months but not exceeding one (1) year will be granted to an officer for family-related needs.

(c) An officer is entitled to leave without pay for family-related needs only once under each of (a) and (b) of this clause during his 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 for the calculation of "continuous employment" for the purpose of calculating severance pay and vacation leave. Time spent on such leave shall be counted for pay increment purposes.

(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 vacation leave for the officer involved. Time spent on such leave shall not be counted for pay increment purposes.

Leave without Pay for Relocation of Spouse

19.16

(a) At the request of an officer, leave without pay for a period up to one (1) year shall be granted to an officer whose spouse is permanently relocated and up to five (5) years to an officer 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 Association leave for the officer 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.

ARTICLE 20
DESIGNATED PAID HOLIDAYS

20.01 Subject to clause 20.02, the following days shall be designated paid holidays for non-operating officers:

(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 officer is employed or, in any area where, in the opinion of the Employer, no such additional day is recognized as a provincial or civic holiday, the first Monday in August,

and

(l) one additional day when proclaimed by an Act of Parliament as a National Holiday.

20.02

(a) Clause 20.01 does not apply to an officer who is absent without pay on both the working day immediately preceding and the working day following the designated paid holiday, except in the case of an officer who is granted leave without pay under the provisions of Article 18, Leave With or Without Pay for the Union Business or for other activities under the Public Service Labour Relations Act, and in respect of whom the Union has certified that the officer was paid by the Union for the Union business conducted on the working day immediately preceding and the working day immediately following the designated paid holiday.

and

(b) An officer who is absent without leave on a designated paid holiday, or the day to which a designated paid holiday is moved by reason of clause 20.03, on which he is scheduled to work shall not be entitled to be paid for the holiday.

Holiday Falling on a Day of Rest

20.03 When a day designated as a holiday under clause 20.01 coincides with an officer's day of rest, the holiday shall be moved to the officer's first scheduled working day following his day of rest.

20.04 When a day designated as a holiday for an officer is moved to another day under the provisions of clause 20.03:

(a) work performed by an officer 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 officer on the day to which the holiday was moved, shall be considered as work performed on a holiday.

Compensation for Work on a Holiday

20.05 The following shall apply to all Non-Operating officers. Where an officer works on a holiday, he shall be paid in addition to the pay that he would have been granted had he not worked on the holiday:

(a) one and one-half (1 1/2) times his hourly rate of pay for the first eight (8) hours worked,

and

(b) two (2) times his hourly rate of pay for hours worked in excess of eight (8) hours.

20.06 Where a non-operating officer who is employed in a continuous operation which does not shut down on a designated paid holiday works on that holiday:

(a) He shall be paid compensation in accordance with the provisions of clause 20.05,

or

(b) upon request, and with the approval of the Employer he shall be granted:

(i) seven decimal five (7.5) hours of leave with pay at a later date in lieu of the holiday,

and

(ii) pay at one and one-half (1 1/2) times his hourly rate of pay for the first eight (8) hours worked,

(iii) twice (2) his hourly rate of pay for hours worked in excess of eight (8) hours.

(c) Consistent with operational requirements of the service and subject to adequate notice, the Employer shall make every reasonable effort to grant lieu hours at times desired by the officer.

(d) If any lieu hours cannot be liquidated by the end of the vacation year, they will be paid off at the officer's daily rate of pay or, upon the written request of the officer and with the approval of the Employer, lieu days may be carried over to the following vacation year.

20.07 The following shall apply to all Operating Officers.

**

(a) On April 1st of each year each officer shall be credited with one hundred and thirty-two (132) hours in lieu ("lieu hours") of designated holidays;

(b) A deduction shall be made from the credited lieu hours for which the officer is absent without leave on the designated holiday as listed in clause 20.01;

(c) Lieu hours may be taken in conjunction with days of rest or vacation leave or a combination thereof or as occasional days and shall be charged against the lieu hours credits on the basis of the officer's regularly scheduled hours of work;

(d) Consistent with operational requirements of the service and subject to adequate notice the Employer shall make every reasonable effort to grant lieu hours at times desired by the officer;

(e) When operational requirements prevent the Employer from providing lieu hours to which the officer was entitled prior to the end of the fiscal year, the remaining hours shall be paid off at the officer's straight-time rate of pay in effect at that time;

(f) Any leave granted under the provisions of this clause in advance of the holidays occurring after the date of an officer's termination, resignation or commencement of retirement shall be subject to recovery of pay;

(g) Officers who work on a designated paid holidays, or the day to which the holiday is moved as provided in 20.03 shall be paid at their straight-time hourly rate for all regularly scheduled hours of work. For hours worked in excess of the officers regularly scheduled hours of work shall be paid in accordance with Article 21, Hours of Work and Overtime.

Holiday Coinciding With A Day of Paid Leave

20.08 When a day that is a designated paid holiday for an non-operating officer falls within a period of leave with pay, the holiday shall not count as leave.

 
 
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Date Modified:  2005-07-08 Top of Page Important Notices