**
10.01 Normal Work Week
(a) The normal work week shall be thirty-seven decimal five
(37.5) hours from Monday to Friday inclusive, and the normal work day shall be
seven decimal five (7.5) hours, exclusive of a lunch period, between the hours
of 7:00 a.m. and 6:00 p.m.
(b) Subject to operational requirements as determined from time
to time by the Employer, an employee shall have the right to select and request
flexible hours between 7:00 a.m. and 6:00 p.m. and such request shall not be
unreasonably denied.
10.02 Compressed Work Week
**
(a) Notwithstanding the provisions of clause 10.01, upon request
of an employee and the concurrence of the Employer, an employee may complete his
weekly hours of employment in a period other than five (5) full days, provided
that over a period of twenty-eight (28) calendar days, he works an average of
thirty-seven decimal five (37.5) hours per week.
(b) In every twenty-eight (28) day period, such an employee
shall be granted days of rest on such days as are not scheduled as a normal
workday for him.
(c) 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.
(d) As part of the provisions of this clause, attendance
reporting shall be mutually agreed between the employee and the Employer.
10.03 Special Hours of Work
(a) When hours of work other than those provided
in clause 10.01 are in existence when this Agreement is signed, the Employer, on
request, will advise the Association of such hours of work.
(b) Where hours of work which were in existence when this
Agreement was signed are to be changed so that they are different from those
specified in clause 10.01, the Employer, except in cases of emergency, will
consult in advance with the Association on such hours of work and, in such
consultation, will establish that they are required to meet the needs of the
public and/or the efficient operation of the Foreign Service.
(c) If, as a
result of the application of paragraph (b), an employee's hours of work are
changed to extend before or beyond the stipulated hours of 7:00 a.m. and 6:00
p.m., as provided in clause 10.01, and the employee has not received at least
five (5) days notice in advance of such change, he shall be paid for the first
(1st) day worked subsequent to such change at time and one-half (1
1/2). Subsequent days worked on the revised hours shall be paid for at straight
time, subject to the overtime provisions of this Agreement. The above notice
requirement does not apply when the change in hours of work results from a
posting abroad or an assignment in Canada, pursuant to a rotational pattern, or
from temporary duty abroad or in Canada, if posted abroad.
**
(d) employees whose work schedules vary from seven decimal five
(7.5) hours per day and/or vary from five (5) days per week shall be subject to
the Variable Hours of Work provisions established in Article 11 of this
Agreement.
(e) Special Hours of Work Premium
An employee working on workdays will receive a premium of two
dollars ($2.00) per hour for all hours worked between 4:00 p.m. and 8:00 a.m.,
including overtime hours. This premium will not be paid for hours worked between
8:00 a.m. and 4:00 p.m.
(f) Weekend
Premium
Employees shall receive an additional premium of two dollars
($2.00) per hour for all regularly scheduled hours worked at the straight-time
hourly rate on Saturday and/or Sunday. Where Saturday and Sunday are not
recognized as the weekend at a mission abroad, the Employer may substitute two
(2) other contiguous days to conform to local practice.
11.01 Employer and the Association agree that the
following conditions shall apply to employees for whom variable hours of work
schedules are approved pursuant to clauses 10.02 and 10.03. This Agreement is
modified by these provisions to the extent specified herein.
11.02 It is agreed that the implementation of any
such variation in hours shall not result in any additional expenditure or cost
by reason only of such variation.
11.03 General Terms
(a) The scheduled hours of work of any day as set forth in a
work schedule, may exceed or be less than the normal workday hours specified by
this Agreement; starting and finishing times shall be determined according to
operational requirements as determined by the Employer and the daily hours of
work shall be consecutive.
**
(b) Such schedules shall provide an average of thirty-seven
decimal five (37.5) hours and an average of five (5) working days per week over
the life of the schedule.
(c) Such schedules shall provide an average of two (2) days of
rest per week over the life of the schedule. A minimum of two (2) consecutive
calendar days of rest must be provided at any one time, except when days of rest
are separated by a designated paid holiday which is not worked.
(d) The maximum life of a schedule established under clause
10.03 shall be six (6) months, except at missions abroad when the normal weekly
and daily hours of work are varied by the Employer to allow for summer and
winter hours, in which case the life of a schedule shall be one (1) year.
11.04 Specific Application of this Agreement
For greater certainty, the following provisions of this
Agreement shall be administered as provided herein:
Interpretation and Definitions
"Daily rate of pay" - shall not apply.
Travel
Overtime compensation referred to in clause 16.04 of this
Agreement shall only be applicable on a normal day for hours in excess of the
employee's daily scheduled hours of work.
Designated Paid Holidays
(a) A designated paid holiday shall account for the normal daily
hours specified by this Agreement.
(b) When an employee works on a Designated Paid Holiday, the
employee shall be compensated, in addition to the normal daily hours' pay
specified by this Agreement, time and one-half (1 1/2) for each completed period
of fifteen (15) minutes worked by her.
Acting Pay
The qualifying period for acting pay as specified in clause
46.08 shall be converted to hours.
12.01 Exclusion
The provisions of this Article do not apply where an employee
attends social engagements unless the employee has received prior authorization
and is required to attend by the Employer.
12.02 General
(a) Subject to clause 12.01, an employee is entitled to overtime
compensation for each completed period of fifteen (15) minutes of overtime
worked by him:
(i) when the overtime work is authorized in advance by
the Employer or is in accordance with standard operating instructions,
and
(ii) when the employee does not control the duration of
the overtime work.
(b) Employees shall record starting time and finishing times of
overtime work in a form determined by the Employer.
**
12.03 Overtime Compensation on A Scheduled Work Day
Subject to clause 12.02, an employee who is required by the
Employer to work overtime on a scheduled work day shall be granted compensation
at time and one-half (1 1/2) for each completed period of fifteen (15) minutes
of overtime worked up to seven decimal five (7.5) consecutive hours of overtime
and double (2) time for each completed period of fifteen (15) minutes
thereafter.
12.04 Overtime Compensation on A Day Of Rest
(a) Subject to clause 12.02, an employee who is required by the
Employer to report for duty and works on his days of rest shall be compensated
for each completed period of fifteen (15) minutes of overtime worked by him on
his days of rest;
**
(b) on the employee's first day of rest, at the rate of time and
one-half (1 1/2) for the first seven decimal five (7.5) hours of overtime worked
and at the double (2) time rate for each contiguous hour thereafter;
(c) on the employee's second or subsequent day of rest:
(i) at the basis of double (2) time for each hour of
overtime worked. Second or subsequent day of rest means the second or
subsequent day in an unbroken series of consecutive and contiguous
calendar days of rest;
(ii) notwithstanding paragraph (b) and sub-paragraph
(c)(i) 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.
12.05 Reporting Pay
Subject to clause 12.02, an employee who is required by the
Employer to report for duty and reports on a day of rest shall be paid the
greater of:
(a) compensation for each completed period of fifteen (15)
minutes worked at the applicable overtime rate of pay;
or
(b) compensation for a minimum period of three (3) hours at the
applicable overtime rate of pay, except that this minimum shall apply only the
first time that he reports for work during a period of eight (8) hours starting
with his first reporting.
12.06 The Employer shall endeavour to pay cash
overtime compensation by the eighth (8th) week after which it is
claimed.
12.07 Compensatory Leave
(a) Compensation earned under this Article and the Designated
Holiday Article shall be compensated in cash or, upon mutual agreement between
the employee and the Employer, in equivalent leave with pay.
(b) The Employer reserves the right to direct an employee to
take leave accumulated under this Article but in so doing shall endeavour to
grant such leave at times he may request.
(c) Compensatory leave earned in a fiscal year and outstanding
on September 30 of the next following fiscal year shall be paid at the
employee's daily rate of pay on September 30.
12.08 Transportation Expenses
(a) When an employee is required to report for work and reports
under the conditions described in clause 12.05, and is required to use
transportation services other than normal public transportation services, he
shall be reimbursed for reasonable expenses incurred as follows:
(i) mileage allowance at the rate normally paid to an
employee when authorized by the Employer to use his automobile when the
employee travels by means of his own automobile,
or
(ii) out-of-pocket expenses for other means of
commercial transportation.
(b) Except 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 the
employee's residence shall not constitute time worked.
12.09 Overtime Meal Allowance
(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 ($10), 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 ($10), 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 12.09(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.
13.01 Exclusion
An employee who receives a call to duty or responds to a
telephone or data line call at any time outside of his or her scheduled hours of
work, may, at the discretion of the Employer, work at the employee's residence
or at another place to which the Employer agrees. In such instances, the
employee shall be paid the greater of:
(a) compensation at the applicable overtime rate for any time
worked,
or
(b) compensation equivalent to one (1) hour's pay at the
straight-time rate, which shall apply only the first (1st) time an
employee performs work during an eight (8) hour period, starting when the
employee first commences the work.
13.02
(a) If an employee is called back to work:
(i) on a designated paid holiday which is not her
scheduled day of work,
or
(ii) on her day of rest,
or
(iii) after she has completed her work for the day and
has left her place of work,
and returns to work, she shall be paid the greater of:
(iv) compensation equivalent to three (3) hours pay at
the applicable overtime rate of pay except that this compensation shall
apply only the first (1st) time that she reports for work
during a period of eight hours, starting with her first (1st)
reporting; this compensation shall include any reporting pay pursuant to
the Reporting Pay provisions of this Agreement,
or
(v) compensation at the applicable rate of overtime
compensation for each completed period of fifteen (15) minutes worked,
provided that the period worked by her is not contiguous to her
normal hours of work.
(b) The minimum payment referred to in subparagraph (a)(iv) does
not apply to part-time employees. Part-time employees will receive a minimum
payment in accordance with clause 17.07.
13.03 Except when required by the Employer to use a
vehicle of the Employer for transportation to work location other than an
employee's normal place of work, time spent by the employee reporting to work or
returning to her residence shall not constitute time worked.
14.01 Exclusion
An employee who is on standby and receives a call to duty or is
required to respond to telephone calls or data line calls, may at the discretion
of the Employer work at the employee's residence or at another place to which
the Employer agrees, and receive compensation for time worked in accordance with
subparagraph 14.05(b). In such instances, the employee shall not be entitled to
compensation under subparagraph 14.05(a)(ii).
14.02 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.
14.03 An employee designated for standby duty shall
be available during his period of standby at a known telecommunications link
number and be able, as specified by the Employer:
(a) to return for duty to a workplace designated by the Employer
within a period of time specified by the Employer, if called;
or
(b) to respond to telephone calls or data line calls received
from Employer authorized sources.
14.04 No standby payment shall be granted if an
employee is unable to report for duty in accordance with paragraph 14.03(a) when
required, or is not available to respond in accordance with paragraph 14.03(b).
14.05
(a) An employee on standby who is required to return for duty to
a workplace designated by the Employer and so returns and reports for work,
shall be paid, in addition to the standby pay, the greater of:
(i) the applicable overtime rate for each completed
period of fifteen (15) minutes worked,
or
(ii) the minimum of three (3) hours' pay at the
applicable overtime rate, except that this minimum shall apply only the
first (1st) time he reports for work during a period of
standby of eight (8) hours, starting with his first (1st)
reporting. This compensation does not apply to part-time employees, who
receive a minimum payment in accordance with clause 17.08.
(b) An employee who receives a call to duty or responds to a
telephone or data line call while on standby or at any other time outside of his
or her scheduled hours of work, may at the discretion of the Employer work at
the employee's residence or at another place to which the Employer agrees. In
such instances, the employee shall be paid the greater of:
(i) compensation at the applicable overtime rate for any
time worked,
or
(ii) compensation equivalent to one (1) hour's pay at
the straight-time rate, which shall apply only the first (1st)
time an employee performs work during an eight (8) hour period, starting
when the employee first (1st) commences the work.
14.06 Except 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 residence shall not constitute time worked
15.01 Exclusion
Clauses 15.05 and 15.06 do not apply where an employee attends
social engagements unless the employee has received prior authorization and is
required to attend by the Employer.
15.02 Subject to clause 15.03, 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 when proclaimed by an Act of Parliament
as a National Holiday,
and
(l) 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 Monday in
August.
15.03 Clause 15.02 does not apply to an
employee who is absent without pay on both her normal working day immediately
preceding and her normal working day immediately following the designated paid
holiday.
15.04 Designated Paid Holiday Falling on a Day of Rest
When a day designated as a paid holiday under clause 15.02
coincides with an employees' day of rest, the holiday shall be moved to her
first normal working day following her day of rest.
15.05 When a day designated as a paid holiday for an
employee is moved to another day under the provisions of clause 15.04:
(a) work performed by her 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 her on the day to which the holiday
was moved, shall be considered as work performed on a holiday.
**
15.06 Compensation for work on a Designated Paid Holiday
(a) An employee who is required by the Employer to report for
duty and works on a designated paid holiday shall receive, in addition to the
pay that she would have received had she not worked on the holiday, compensation
for each completed period of fifteen (15) minutes worked by her on the holiday
at time and one-half (1 1/2) for up to seven decimal five (7.5) hours and
double (2) for each completed period of fifteen (15) minutes thereafter.
(b) When an employee works on a designated paid holiday which is
not her scheduled day of work, immediately following a day of rest on which she
also worked and received overtime in accordance with paragraph 12.04(b), she
shall receive in addition to the pay that she would have been granted had she
not worked on the holiday, compensation for each completed period of fifteen
(15) minutes worked at double time (2).
The compensation that the employee would have been granted had
the employee not worked on a designated paid holiday is seven decimal five (7.5)
hours remunerated at straight-time.
15.07 Reporting Pay
When an employee is required to report for work and reports on a
designated paid holiday, she shall be paid the greater of:
(a) compensation in accordance with the provisions of clause
15.06,
or
(b) compensation for a minimum period of three (3) hours at the
applicable overtime rate of pay, except that this minimum shall apply only the
first (1st) time that she reports for work during a period of eight
(8) hours starting with her first (1st) reporting.
15.08 Work performed on a designated paid holiday may
be compensated in the equivalent leave with pay in accordance with clause 12.07.
15.09 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 15.04, the holiday shall not count as a day of leave.
16.01 Subject to clause 34.05, no travel compensation
will be paid for travel in connection with postings, courses, training sessions,
professional conferences and seminars unless, in the case of courses, training
sessions, professional conferences or seminars, the employee is required to
attend by the Employer.
16.02 Where an employee is required by the Employer
to travel outside of his headquarters area and on government business, as these
expressions are normally defined by the Employer, and such travel is approved
and the means of travel determined by the Employer, he is entitled to be paid
only in accordance with clause 16.04. Travelling time shall include time
necessarily spent at each stop-over enroute provided such stop-over is not
longer than three (3) hours.
16.03 For purposes of clause 16.04, the travel time
to be paid is as follows:
(a) for travel by public transportation, the time between the
scheduled time of departure and the time of arrival at destination, except that
for travel by aircraft the normal travel time by taxi to and from the airports
will also be considered as travel time;
(b) for travel by privately-owned automobile, the normal time as
determined by the Employer to drive from the employee's place of residence or
workplace directly to his destination and, upon his return, direct back to his
residence or work place;
(c) in the event that an alternate time of departure, itinerary
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.
16.04 Subject to clause 16.01, if an employee is
required to travel as set forth in clauses 16.02 and 16.03:
(a) on a normal working day on which the employee travels but
does not work, he shall receive his regular pay for the day,
(b) on a normal working day on which the employee travels and
works, he shall be paid:
(i) his regular pay for the day for a combined period of
travel and work not exceeding his regular scheduled working hours,
and
(ii) at the applicable overtime rate for each completed
period of fifteen (15) minutes travelled in excess of his regularly
scheduled hours of work and travel, to a maximum payment of twelve (12)
hours pay at the straight-time hourly rate of pay,
(c) on a day of rest or on a designated paid holiday, the
employee shall be paid at the applicable overtime rate for each completed period
of fifteen (15) minutes travelled to a maximum of twelve (12) hours' pay at the
straight-time hourly rate of pay.
**
16.05 Subject to clause 16.01, if an employee is
required to travel outside Canada or Continental USA as set forth in clauses
16.02 and 16.03:
(a) on a normal working day on which the employee travels but
does not work, he shall receive his regular pay for the day,
(b) on a normal working day on which the employee travels and
works, he shall be paid:
(i) his regular pay for the day for a combined period of
travel and work not exceeding his regular scheduled working hours,
and
(ii) at the applicable overtime rate for each completed
period of fifteen (15) minutes travelled in excess of his regularly
scheduled hours of work and travel, to a maximum payment of fifteen (15)
hours pay at the straight-time hourly rate of pay,
(c) on a day of rest or on a designated paid holiday, the
employee shall be paid at the applicable overtime rate for each completed period
of fifteen (15) minutes travelled to a maximum of fifteen (15) hours' pay at the
straight-time hourly rate of pay.
**
16.06 Compensatory Leave
Upon request of an employee and with the approval of the
Employer, compensation at the overtime rate earned under this Article may be
granted in compensatory leave with pay and subject to clause 12.07 Compensatory
leave.
**
16.07 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 seven decimal five (7.5) hours off with
pay. The employee shall be credited with an additional seven decimal five (7.5)
hours 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 hours off earned under this clause
shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year and
shall accumulate as compensatory leave with pay.
(c) This leave with pay is deemed to be compensatory leave and
is subject to paragraphs 12.07(b) and (c).
(d) The provisions of this clause do not apply when the employee
travels in connection with courses, training sessions, professional conferences
and seminars.
17.01 Part-time employees shall be entitled to the
benefits provided under this Agreement in the same proportion as their normal
scheduled weekly hours of work compare with the normal weekly hours of work of
full-time employees unless otherwise specified in this Agreement.
**
17.02 Part-time employees shall be paid at the hourly
rate of pay for all work performed up to thirty-seven decimal five (37.5) hours
per week.
**
17.03 The days of rest provisions of this agreement
apply only in a week when a part-time employee has worked five (5) days and
thirty-seven decimal five (37.5) hours.
17.04 Leave will only be provided during those
periods in which employees are scheduled to perform their duties.
17.05 Designated Holidays
A part-time employee shall not be paid for the designated
holidays but shall instead be paid a premium of four decimal two five per cent
(4.25%) for all straight-time hours worked during the period of part-time
employment.
17.06 Notwithstanding clause 17.02, when a part-time
employee is required to work on a day which is prescribed as a designated paid
holiday for a full-time employee in Article 15 she shall be paid at time and
one-half (1 1/2) for each completed period of fifteen (15) minutes worked.
17.07 Call-Back
When a part-time employee meets the requirements to receive
call-back pay in accordance with clause 13.02 and is entitled to receive the
minimum payment rather than pay for actual time worked, she shall be paid a
minimum payment of four (4) hours pay at the straight-time hourly rate of pay.
17.08 Reporting Pay
Subject to clause 17.03, when a part-time employee meets the
requirements to receive a minimum payment rather than actual time worked as
reporting pay on a day of rest, in accordance with clause 12.05(b), or is
entitled to receive a minimum payment rather than pay for actual time worked
during a period of standby, in accordance with sub-paragraph 14.05(a)(ii), she
shall be paid a minimum payment of four (4) hours pay at the straight-time
hourly rate of pay.
**
17.09 Vacation Leave
A part-time employee shall earn vacation leave credits for each
month in which she receives pay for at least twice (2) the number of hours in
her normal work week, at the rate for years of service established in clause
20.02, prorated and calculated as follows:
(a) when the entitlement nine decimal three seven five (9.375)
hours a month, 0.250 multiplied by the number of hours in the employee's work
week per month;
(b) when the entitlement is twelve decimal five (12.5) hours a
month, 0.333 multiplied by the number of hours in the employee's work week per
month;
(c) when the entitlement is thirteen decimal seven five (13.75)
hours a month, 0.367 multiplied by the number of hours in the employee's work
week per month;
(d) when the entitlement is fourteen decimal three seven five
(14.375) hours a month, 0.383 multiplied by the number of hours in the
employee's work week per month;
(e) when the entitlement is fifteen decimal six two five
(15.625) hours a month, 0.417 multiplied by the number of hours in the
employee's work week per month;
(f) when the entitlement is sixteen decimal eight seven five
(16.875) hours a month, 0.450 multiplied by the number of hours in the
employee's work week per month;
(g) when the entitlement is eighteen decimal seven five (18.75)
hours a month, 0.500 multiplied by the number of hours in the employee's work
week per month.
17.10 Sick Leave
A part-time employee shall earn sick leave credits at the rate
of one-quarter (1/4) of the number of hours in her normal work week for each
calendar month in which she has received pay for at least twice (2) the number
of hours in her normal work week.
17.11 Vacation and Sick Leave Administration
(a) For the purpose of administration of clauses 17.09 and
17.10, where an employee does not work the same number of hours each week, the
normal work week shall be the weekly average calculated on a monthly basis.
(b) An employee whose employment in any month is a combination
of both full-time and part-time employment shall not earn vacation or sick leave
credits in excess of the entitlement of a full-time employee.
17.12 Severance Pay
Notwithstanding the provisions of Article 18 (Severance Pay),
where the period of continuous employment in respect of which severance benefit
is to be paid consists of both full-time and part-time employment or varying
levels of part-time employment, the benefit shall be calculated as follows: the
period of continuous employment eligible for severance pay shall be established
and the part-time portions shall be consolidated to equivalent full-time. The
equivalent full-time period in completed years shall be multiplied by the
full-time weekly rate of pay for the classification prescribed in the employee's
certificate of appointment of her substantive position on the date of the
termination of her employment to produce the severance pay benefit.
17.13 Pay
A part-time employee shall be eligible to receive an in-range
pay increase when she has worked a total of nineteen hundred and fifty (1950)
hours at the hourly rate of pay during a period of employment provided that the
maximum rate for her level is not exceeded. The in-range pay increase date shall
be the first (1st) working day following completion of the hours
specified in this clause.
18.01 When calculating entitlements under this
Article, the weekly rate of pay referred to in this Article shall be the weekly
rate of pay to which the employee is entitled for his classification.
18.02 Under the following circumstances and subject
to clause 18.03 an employee shall receive severance entitlements calculated on
the basis of his weekly rate of pay:
(a) On first lay-off, two (2) weeks' pay for the first year of
continuous employment and one (1) week's pay for each additional complete year
of continuous employment, and in the case of a partial year of continuous
employment, one (1) week's pay multiplied by the number of days of continuous
employment divided by three hundred and sixty-five (365).
(b) On second or subsequent lay-off, one (1) week's pay for each
complete year of continuous employment, and in the case of a partial year of
continuous employment, one (1) week's pay multiplied by the number of days of
continuous employment divided by three hundred and sixty-five (365), less any
period in respect of which the employee was granted severance pay under (a)
above.
(c) On resignation, subject to paragraph 18.02(d) and with ten
(10) or more years of continuous employment, one-half (1/2) week's pay for each
complete year of continuous employment with a maximum entitlement of thirteen
(13) weeks.
(d) On retirement, when an employee is entitled to an immediate
annuity under the Public Service Superannuation Act or when the employee
is entitled to an immediate annual allowance, under the Public Service
Superannuation Act, one (1) week's pay for each complete year of continuous
employment and, in the case of a partial year of continuous employment, one (1)
week's pay multiplied by the number of days of continuous employment divided by
three hundred and sixty-five (365), with a maximum benefit of thirty (30) weeks.
(e) If an employee dies, there shall be paid to his estate, one
(1) week's pay for each year of continuous employment and, in the case of a
partial year of continuous employment, one (1) week's pay multiplied by the
number of days of continuous employment divided by 365, to a maximum of thirty
(30) weeks, regardless of any other entitlements payable.
(f) When an employee has completed more than one (1) year of
continuous employment and ceases to be employed by reason of termination for
cause for reasons of incapacity or when an employee has completed more than ten
(10) years of continuous employment and ceases to be employed by reason of
termination for cause for reasons of incompetence, pursuant to Section 12(l)(d)
or (e) of the Financial Administration Act, one (1) week of pay
for each complete year of continuous employment with a maximum benefit of
twenty-eight (28) weeks.
(g) On rejection on probation, when an employee has completed
more than one (1) year of continuous employment and ceases to be employed, one
(1) week's pay for each complete year of continuous employment with a maximum
benefit of twenty-seven (27) week's pay and, in the case of a partial year of
continuous employment, one (1) week's pay multiplied by the number of days of
continuous employment divided by three hundred and sixty-five (365).
18.03 The period of continuous employment used in the
calculation of severance entitlements payable to an employee under this Article
shall be reduced by any period of continuous employment in respect of which he
was already granted any type of termination benefit by the Public Service, a
Federal Crown Corporation, the Canadian Forces or the Royal Canadian Mounted
Police. Under no circumstances shall the maximum severance pay provided under
clause 18.02 be pyramided.
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