46.01 Except as provided in this Article, the
existing terms and conditions governing the application of pay to employees,
where applicable, are not affected by this Agreement.
46.02 An employee is entitled to be paid, for
services rendered, within the pay range specified in Appendix "A" for
the level prescribed in his certificate of appointment issued by or under the
authority of the Public Service Commission.
**
46.03 Pay Ranges
(a) The rates of pay set forth in Appendix "A" shall
become effective on the dates specified.
(b) Where the rates of pay set forth in Appendix "A"
have an effective date prior to the date of signing of this Agreement, the
following shall apply:
(i) "retroactive period" for the purpose of
subparagraphs (ii) to (v) means the period from the effective date of
the revision up to and including the day before the collective agreement
is signed or when an arbitral award is rendered therefor;
(ii) a retroactive upward revision in rates of pay shall
apply to employees, former employees or in the case of death, the
estates of former employees who were employees in the group during the
retroactive period;
(iii) for initial appointments made during the
retroactive period, the rate of pay selected in the revised rates of pay
is the rate which is shown immediately below the rate of pay being
received prior to the revision;
(iv) for promotions, demotions, deployments, transfers
or acting situations effective during the retroactive period, the rate
of pay shall be recalculated, in accordance with the Public Service
Terms and Conditions of Employment Regulations, using the revised rates
of pay. If the recalculated rate of pay is less than the rate of pay the
employee was previously receiving, the revised rate of pay shall be the
rate, which is nearest to, but not less than the rate of pay being
received prior to the revision. However, where the recalculated rate is
at a lower step in the range, the new rate shall be the rate of pay
shown immediately below the rate of pay being received prior to the
revision;
(v) no payment or no notification shall be made pursuant
to paragraph 46.03(b) for one dollar ($1.00) or less.
**
46.04 Acting Pay
An employee who is required by the Employer to substantially
perform and performs the duties of a position which is classified at a higher
classification level on an acting basis for a period of three (3) consecutive
working days shall be paid acting pay calculated from the date on which he
commenced to act as if he had been appointed to that higher classification level
for the period he acts.
When an acting assignment is in an Executive (EX) position, the
employee is excluded from the application of Article 12 (Overtime) for the
period where the employee is subject to the Performance Management Program for
Executives. For greater certainty, an employee receiving payments provided under
Article 12 (Overtime), shall not be subject to the Performance Management
Program for Executives for the same time period.
When a day designated as a paid holiday occurs during the
qualifying period, the holiday shall be considered as a day worked for the
purpose of the qualifying period.
46.05 No Additional Payments
An employee receiving payments provided under Article 12
(Overtime), Article 13 (Call Back), Article 14 (Standby), Article 15 (Designated
Paid Holidays) shall not receive more than one compensation for the same service.
46.06 If, during the term of this Agreement, a new
classification standard for a group is established and implemented by the
Employer, the Employer shall, before applying rates of pay to new levels
resulting from the application of the standard, negotiate with the Association
the rates of pay and the rules affecting the pay of employees on their movement
to the new levels.
**
46.07 Statement of Duties
Effective July 1, 2005, Upon a written request, an employee at
the FS-1 and FS-2 levels shall be entitled to an official statement of the
duties and responsibilities of the position to which the employee is assigned,
including the position's classification level and where applicable, the point
rating allotted by factor to the position.
47.01 This Agreement may be amended by mutual
consent.
**
48.01 The duration of this Agreement shall be from
the date it is signed to June 30, 2007.
48.02 Unless otherwise expressly stipulated, this
Agreement shall become effective on the date it is signed.
49.01 The Employer shall make every reasonable effort
to accommodate an employee who requests time off to fulfill his or her religious
obligations.
49.02 Employees may, in accordance with the
provisions of this Agreement, request annual leave, compensatory leave, leave
without pay for other reasons in order to fulfill their religious obligations.
49.03 Notwithstanding clause 49.02, at the request of
the employee and at the discretion of the Employer, time off with pay may be
granted to the employee in order to fulfill his or her religious obligations.
The number of hours with pay so granted must be made up hour for hour within a
period of six (6) months, at times agreed to by the Employer. Hours worked as a
result of time off granted under this clause shall not be compensated nor should
they result in any additional payments by the Employer.
49.04 An employee who intends to request leave or
time off under this Article must give notice to the Employer as far in advance
as possible but no later than four (4) weeks before the requested period of
absence.
50.01 Up to half (1/2) a day of reasonable time off
with pay will be granted to pregnant employees for the purpose of attending
routine medical appointments.
50.02 Where a series of continuing appointments are
necessary for the treatment of a particular condition relating to the pregnancy,
absences shall be charged to sick leave.
51.01 An employee who is pregnant or nursing may,
during the period from the beginning of pregnancy to the end of the
twenty-fourth (24th) week following the birth, request the Employer
to modify her job functions or reassign her to another job if, by reason of the
pregnancy or nursing, continuing any of her current functions may pose a risk to
her health or that of the foetus or child.
51.02 An employee's request under clause 51.01 must
be accompanied or followed as soon as possible by a medical certificate
indicating the expected duration of the potential risk and the activities or
conditions to avoid in order to eliminate the risk. Dependent upon the
particular circumstances of the request, the Employer may obtain an independent
medical opinion.
51.03 An employee who has made a request under clause
51.01 is entitled to continue in her current job while the Employer examines her
request, but, if the risk posed by continuing any of her job functions so
requires, she is entitled to be immediately assigned alternative duties until
such time as the Employer:
(a) modifies her job functions or reassigns her,
or
(b) informs her in writing that it is not reasonably practicable
to modify her job functions or reassign her.
51.04 Where reasonably practicable, the Employer
shall modify the employee's job functions or reassign her.
51.05 Where the Employer concludes that a
modification of job functions or a reassignment that would avoid the activities
or conditions indicated in the medical certificate is not reasonably
practicable, the Employer shall so inform the employee in writing and shall
grant leave of absence without pay to the employee for the duration of the risk
as indicated in the medical certificate. However, such leave shall end no later
than twenty-four (24) weeks after the birth.
51.06 An employee whose job functions have been
modified, who has been reassigned or who is on leave of absence shall give at
least two (2) weeks notice in writing to the Employer of any change in duration
of the risk or the inability as indicated in the medical certificate, except if
there is a valid reason why that notice cannot be given. Such notice must be
accompanied by a new medical certificate.
SIGNED AT OTTAWA, this 7th day of the month of June
2005.
THE TREASURY BOARD
OF
CANADA |
|
THE PROFESSIONAL
ASSOCIATION OF
FOREIGN SERVICE OFFICERS |
|