List of Changes to the
Agreement
between the Treasury Board and the Professional Association of Foreign Service
Officers - Foreign Service
PART I - GENERAL
2.01
**
"common-law partner" refers to a person living in
a conjugal relationship with an employee for a continuous period of at least one
(1) year (conjoint de fait),
**
"overtime" (heures supplémentaires) means:
(a) in the case of a full-time employee, authorized work performed in
excess of his scheduled hours of work,
or
(b) in the case of a part-time employee, authorized work performed in
excess of seven decimal five (7.5) hours per day or thirty-seven decimal
five (37.5) hours per week but does not include time worked on a holiday,
or
(c) for any employee whose normal scheduled hours of work are in excess of
seven decimal five (7.5) hours per day, authorized work performed in excess
of those normal scheduled daily hours or an average of thirty-seven decimal
five (37.5) hours per week,
**
"part-time employee" means an employee whose
normal scheduled hours of work on average are less than thirty-seven decimal
five (37.5) hours per week, but not less than those prescribed in the Public
Service Labour Relations Act (fonctionnaire à temps partiel),
**
4.04 Departmental Electronic Mail Systems
(a) The departments shall allow the Association to use the departmental
electronic network to distribute information to the members of the
Association pursuant to sub-paragraphs 4.04(i), (ii) and (iii);
(i) The Association shall endeavour to avoid requests for
distributing information, which the Employer, acting reasonably, could
consider adverse to its interests or to the interests of any of its
representatives. Distribution of information shall require the prior approval
of the department.
(ii) The Association shall provide to the authorized
representative a paper and electronic (ready for transmission) copy of the
documents it wants to distribute.
(iii) Such approval shall be requested from the authorized
representative or his or her delegate at the national level; it shall not be
unreasonably withheld.
(iv) The Department will endeavour to transmit the approved
information via its electronic network within three working days (not counting
Saturdays, Sundays and Designated Paid Holidays). The person responsible for
the approval will ensure the distribution of the information.
(b) The departments will ensure a hyperlink to the Association's website
from its intranet through the Association.
**
7.02 When an employee is suspended from duty, or
terminated in accordance with paragraph 12(l)(c) of the Financial
Administration Act, the Employer undertakes to notify her in writing of
the reason for such suspension or termination. The Employer shall endeavour to
give such notification at the time of suspension or termination.
**
7.06 Subject to the Access to Information and
Privacy Act, the Employer shall provide the employee access to the information
used during the disciplinary investigation.
**
8.02 Subject to and as provided in Section 208 of
the Public Service Labour Relations Act, an employee who feels that he
has been treated unjustly or considers himself aggrieved by any action or lack
of action by the Employer in matters other than those arising from the
classification process is entitled to present a grievance in the manner
prescribed in clause 8.05 except that:
(a) where there is another administrative procedure provided by or under
any Act of Parliament to deal with his specific complaint, such procedure
must be followed,
and
(b) where the grievance relates to the interpretation or application of
this Agreement or an Arbitral Award, he is not entitled to present the
grievance unless he has the approval of and is represented by the
Association.
**
8.03 Except as otherwise provided in this Agreement
a grievance shall be processed by recourse to the following levels:
(a) level 1 - that level of management authorized to respond to grievances
at Level 1 (All Departments);
(b) levels 2 and 3 - intermediate level(s) where such level or levels are
established in departments or agencies (All Departments except Foreign
Affairs and International Trade);
(c) final level - Deputy Head or his authorized
representative (All Departments).
**
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.
10.03 Special Hours of Work
**
(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.
ARTICLE
11
VARIABLE HOURS OF WORK
11.03 General Terms
**
(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.
**
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
**
(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;
**
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.
**
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.
**
17.02 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.
**
17.09 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.
**
19.06 Leave credits will be earned on a basis of a
day being equal to seven decimal five (7.5) hours.
**
19.07 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, except for Bereavement Leave With Pay where a day is a calendar day.
**
19.08
(a) When an employee becomes subject to this Agreement, the employee's
earned daily leave credits shall be converted into hours on the basis of one
day being equal to seven decimal five (7.5) hours.
(b) When an employee ceases to be subject to this Agreement, the
employee's earned hourly leave credits shall be converted into days on the
basis of seven decimal five (7.5) hours being equal to one day.
**
20.02 Accumulation of Vacation Leave
An employee who has earned at least seventy-five (75) hours'
regular pay during any calendar month of a vacation year shall earn vacation
leave credits at the following rates in respect of that month:
(a) nine decimal three seven five (9.375) hours per month until the month
in which the anniversary of his eighth (8th) year of service
occurs;
(b) twelve decimal five (12.5) hours per month commencing with the month
in which his eighth (8th) anniversary of service occurs;
(c) thirteen decimal seven five (13.75) hours commencing with the
month in which his sixteenth (16th) anniversary of service
occurs;
(d) fourteen decimal three seven five (14.375) hours per month commencing
with the month in which his seventeenth (17th) anniversary of
service occurs;
(e) fifteen decimal six two five (15.625) hours per month commencing with
the month in which his eighteenth (18th ) anniversary of service
occurs;
(f) sixteen decimal eight seven five (16.875) hours commencing with the
month in which his twenty-seventh (27th) anniversary of service
occurs;
(g) eighteen decimal seven five (18.75) hours per month commencing with
the month in which his twenty-eighth (28th) anniversary of
service occurs.
20.07 Carry-Over of Vacation Leave
**
(b) Where in any vacation year, an employee has not been granted all of
the vacation leave credited to him, the unused portion of his vacation leave
up to a maximum of three hundred (300) hours credits shall be carried over
into the following vacation year. All vacation leave credits in excess of
three hundred (300) hours shall be automatically paid in cash at his 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.
**
(d) Notwithstanding paragraph (b), if on the date an employee becomes
subject to this Agreement, he has more than three hundred (300) hours of
unused vacation leave credits earned during previous years, a minimum of
seventy-five (75) hours per year shall be granted, or paid in cash by August
31st of each year, until all vacation leave credits in excess of
three hundred (300) hours have been liquidated. Payment shall be in one
instalment per year, and shall be at his daily rate of pay as calculated
from the classification prescribed in his certificate
of appointment of his substantive position on March 31st, of the
applicable previous vacation year.
**
20.08 Recall from Vacation Leave
Where, during any period of vacation leave, an employee is
recalled to duty, he shall be reimbursed for reasonable expenses 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.
**
20.12 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 him 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 upon
request, will provide proof of such action to the Employer.
**
21.01 Credits
An employee shall earn sick leave credits at the rate of nine
decimal three seven five (9.375) hours for each calendar month for which she
receives pay for at least seventy-five (75) hours.
**
21.05 Where an employee has insufficient or no
credits to cover the granting of sick leave with pay under the provision of
clause 21.02 above, sick leave with pay may, at the discretion of the
Employer, be granted to an employee for a period of up to one hundred and
eighty-seven decimal five (187.5) hours, subject to the deduction of such
advanced leave from any sick leave credits subsequently earned and, in the
event of termination of employment for other than death or lay-off, the
recovery of the advance from any monies owed the employee.
24.01 Parental Leave Without Pay
**
(a)
(i) Where an employee 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 employee 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 employee's care.
(ii) Notwithstanding paragraph(a)(i) above, at the
request of an employee and at the discretion of the employer, the leave
referred to with the paragraphs(a)(i) above may be taken in two periods.
**
(b)
(i) Where an employee 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 employee 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 employee's care.
(ii) Notwithstanding paragraphs(b)(i) above, at the request of
an employee and at the discretion of the employer, the leave referred to with
the paragraphs(b)(i) above may be taken in two periods.
**
(c) Notwithstanding paragraphs (a) and (b):
(i) where the employee's child is hospitalized within the
period defined in the above paragraphs, and the employee has not yet proceeded
on parental leave without pay,
or
(ii) where the employee 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 employee 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 employee's care.
**
(d) An employee who intends to request parental leave without pay shall
notify the Employer at least four (4) weeks in advance of the commencement
of such leave.
24.02 Parental Allowance
(a)
**
however, an employee 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).
(c)
**
(ii) for each week in respect of which the employee 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;
**
25.03 Subject to paragraph 25.02, an employee shall
be granted leave without pay for the Care of Family in accordance with the
following conditions:
(a) an employee 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;
(b) leave granted under this Article shall be for a minimum period of
three (3) weeks;
(c) the total leave granted under this article shall not exceed five (5)
years during an employee's total period of employment in the Public Service;
(d) leave granted for a period of one (1) year or less shall be scheduled
in a manner which ensures continued service delivery.
**
26.01 For the purpose of this Article, family is
defined as spouse (or common-law partner resident with the employee), children
(including children of legal or common-law partner), foster children, ward of
the employee, parents (including stepparents or foster parents), or any
relative permanently residing in the employee's household or with whom the
employee permanently resides.
**
26.02 The total leave with pay which may be granted
under this Article shall not exceed thirty-seven decimal five (37.5) hours in
a fiscal year.
**
26.03 Subject to clause 26.02, an employee shall be
granted leave with pay under the following circumstances:
(a) to take a family member for medical or dental appointments, or for
appointments with school authorities or adoption agencies, if the supervisor
was notified of the appointment as far in advance as possible;
(b) to provide for the immediate and temporary care of a sick member of
his family and to provide him with time to make alternative care
arrangements where the illness is of a longer duration;
(c) to provide for the immediate and temporary care of an elderly member
of his family;
(d) for needs directly related to the birth or to the adoption of his
child, which may be divided into two (2) periods and granted on separate
days.
27.01
**
(c) an employee is entitled to leave without pay for personal needs twice
under each of paragraphs (a) and (b) of this clause during the employee's
total period of employment in the Public Service. Leave can only be granted
for a second time under each of (a) and (b) of this clause ten (10) years
after the first leave was granted. Leave without pay granted under this
clause may not be used in combination with maternity or parental leave
without the consent of the Employer.
ARTICLE
37
VOLUNTEER LEAVE
**
37.01 Subject to operational requirements as
determined by the Employer and with an advance notice of at least five (5)
working days, the employee 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 organisation or activity, other than
for activities related to the Government of Canada Workplace Charitable
Campaign.
The leave will be scheduled at times convenient to both the
employee and the Employer. Nevertheless, the Employer shall make every
reasonable effort to grant the leave at such times as the employee may
request.
38.02 Personal Leave
**
Subject to operational requirements as determined by the
Employer and with an advance notice of at least five (5) working days, the
employee 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.
The leave will be scheduled at times convenient to both the
employee and the Employer. Nevertheless, the Employer shall make every
reasonable effort to grant the leaves at such times as the employee may
request.
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