25.01 With the exception of vacation leave requests and
holidays, the employee must provide satisfactory validation of the circumstances
necessitating requests for leave with or without pay, if required by the
Employer, in such manner and at such time as may be determined by the Employer
and confirmed in writing.
25.02
(a) When an employee becomes subject to this Agreement, his or her earned
daily leave credits shall be converted into hours. When an employee ceases to be
subject to this Agreement, his or her earned hourly leave credits shall be
reconverted into days, with one (1) day being equal to seven and one-half (7
1/2) hours.
(b) When leave is granted, it will be granted on an hourly basis and the
number of hours debited for each day of leave being equal to the number of hours
of work scheduled for the employee for the day in question.
(c) Notwithstanding the above, in Article 34, "Bereavement Leave with
Pay," a "day" will mean a calendar day.
25.03 Except as otherwise specified in this Agreement:
(a) Where leave without pay for a period in excess of three (3) months is
granted to an employee for reasons other than illness, the total period of leave
granted shall be deducted from "continuous employment" for the purpose
of calculating severance pay and vacation leave.
(b) Time spent on such leave which is for a period of more than three (3)
months shall not be counted for pay increment purposes.
26.01 An employee who has earned at least ten (10) days' pay
for each calendar month of a fiscal year shall earn vacation leave at the
following rates:
(a) one hundred and twelve point five (112.5) hours if the employee has
completed less than eight (8) years of continuous employment;
(b) one hundred and fifty (150) hours per fiscal year if the employee has
completed eight (8) years of continuous employment;
(c) one hundred and sixty-five (165) hours per fiscal year if the employee
has completed sixteen (16) years of continuous employment;
(d) one hundred and seventy-two pint five (172.5) hours per fiscal year if
the employee has completed seventeen (17) years of continuous employment;
(e) one hundred and eighty-seven point five (187.5) hours per fiscal year if
the employee has completed eighteen (18) years of continuous employment;
(f) two hundred and two point five (202.5) hours per fiscal year if the
employee has completed twenty-seven (27) years of continuous employment;
(g) two hundred and twenty-five (225) hours per fiscal year if the employee
has completed twenty-eight (28) years of continuous employment.
26.02 An employee who has not received at least ten (10)
days' pay for each calendar month of a fiscal year will earn vacation leave at
one-twelfth (1/12) of the rate referred to in clause 26.01 for each calendar
month for which he or she receives at least ten (10) days' pay.
26.03 An employee earns but is not entitled to receive
vacation leave with pay during his or her first six (6) months of continuous
employment.
26.04
(a) The vacation year extends from April 1 to March 31 and vacation may be
scheduled by the Employer at any time during this period.
(b) Local representatives of the Union shall be given the opportunity to
consult with representatives of the Employer on vacation schedules. Consistent
with efficient operating requirements the Employer shall make every reasonable
effort to schedule vacations in a manner acceptable to employees.
(c) Subject to operational requirements, the Employer shall
make every reasonable effort to schedule an employee's vacation leave during the
fiscal year it is earned. Where in any fiscal year, the
Employer has not scheduled all of the vacation leave credited to an employee,
the unused portion of the employee's vacation leave shall be carried over into
the following fiscal year, subject to the conditions in sub-subclauses
(d)(i)-(iv).
(d) It is agreed by the parties, in accordance with the intent of Article 26
that it is both appropriate and desirable that each employee utilize his or her
full vacation entitlement during the vacation year in which such vacation
entitlement is earned. However, an employee may elect to carry forward into the
next vacation year unused vacation up to a maximum of ten (10) working days
subject to the following conditions:
(i) that any vacation period carried forward from
the previous vacation year and utilized by any employee does not disrupt
vacation schedules in the current vacation year nor prevent another employee
from taking his or her regularly scheduled vacation for that year;
(ii) that the days which are carried over from the
previous vacation year are taken at a time which is acceptable to both the
Employer and the employee;
(iii) that an employee's vacation earned in the
vacation year will be utilized before days carried forward from the previous
vacation year;
(iv) any vacation leave credits in excess of
thirty-five (35) days on March 31 will be paid off at the employee's
straight-time rate of pay in effect at that time.
26.05 During any vacation year, upon application by the
employee and at the discretion of the Employer, earned but unused vacation leave
credits in excess of fifteen (15) days may be paid in cash at the employee's
straight-time rate of pay as calculated from the classification prescribed in
the employee's certificate of appointment of the employee's substantive position
on March 31.
26.06 Where, in respect of any period of vacation leave, an
employee is granted bereavement leave, or is granted sick leave on production of
a medical certificate, the period of vacation leave so displaced shall either be
added to the vacation period, if requested by the employee and approved by the
Employer, or reinstated for use at a later date.
26.07 Where an employee dies or otherwise terminates his or
her employment after a period of continuous employment of not more than six (6)
months, the employee or the employee's estate shall be paid an amount equal to
the earned but unused vacation leave.
26.08 Subject to clause 26.09, where an employee dies or
voluntarily terminates his or her employment or is terminated from employment
after a period of continuous employment of more than six (6) months, the
employee or the employee's estate shall, in lieu of earned but unused vacation
leave, be paid an amount equal to the product obtained by multiplying the number
of hours of earned but unused vacation leave by the straight-time rate of pay
applicable to the employee immediately prior to the termination of the
employee's employment.
26.09 An employee whose employment is terminated pursuant to
Section 12(1)(e) of the Financial Administration Act by reason of
abandonment of his or her position is not entitled to receive the payment
referred to in clause 26.08, unless the employee requests it within six (6)
months following the date upon which the employee's employment is terminated.
26.10 Recall from Vacation Leave
Where, during any period of vacation leave, an employee is recalled to duty,
the employee shall be reimbursed for reasonable expenses, as normally defined by
the Employer, that he or she incurs:
(a) in proceeding to the employee's place of duty,
and
(b) in returning to the place from which the employee was recalled if he or
she immediately resumes vacation upon completing the assignment for which he or
she was recalled,
after submitting such accounts as are normally required by the Employer.
26.11 The employee shall not be considered as being on
vacation leave during any period in respect of which the employee is entitled
under clause 26.10 to be reimbursed for reasonable expenses incurred by him or
her.
26.12
(a) The Employer agrees to issue advance payments of net salary for vacation
periods, provided six (6) weeks' notice is received from the employee in advance
of the day payment is required.
(b) Provided an employee has been authorized to proceed on vacation for the
period concerned, advance payment of net salary shall be made prior to departure
and shall consist of an estimated two (2), three (3), four (4) or five (5)
weeks' net entitlement subsequent to the last regular pay issue.
Any overpayment in respect of such advance shall be an immediate first charge
against any subsequent pay entitlement and shall be recovered in full prior to
any further payment of salary.
27.01 An employee shall earn sick leave credits at the rate
of nine point three seven five (9.375) hours for each calendar month for which
that employee receives pay for at least ten (10) days.
27.02 An employee is eligible for sick leave with pay when
the employee is unable to perform his or her duties because of illness or injury
provided that:
(a) the employee has the necessary sick leave credits,
and
(b) the employee satisfies the Employer of this condition in such manner and
at such time as may be determined by the Employer.
27.03 Unless otherwise informed by the Employer before or
during the period of illness or injury that a certificate from a qualified
medical practitioner, licensed chiropractor, dentist, dental surgeon or
orthodontist, will be required, a statement signed by the employee stating that
because of this illness or injury the employee was unable to perform his or her
duties shall, when delivered to the Employer, be considered as meeting the
requirements of sub-clause 27.02(b):
(a) if the period of leave requested does not exceed five (5) days,
and
(b) if in the current fiscal year, the employee has not been granted more
than ten (10) days' sick leave wholly on the basis of statements signed by the
employee.
27.04 An employee is not eligible for sick leave with pay
during any period in which the employee is on leave of absence without pay or
under suspension.
27.05 Where an employee has insufficient or no credits to
cover the granting of sick leave with pay under the provisions of clause 27.02,
sick leave with pay may, at the discretion of the Employer, be granted for a
period of up to one hundred and twelve point five (112.5) hours subject to the
deduction of such advanced leave from any sick leave credits subsequently
earned.
27.06 The amount of sick leave with pay already credited to
an employee by the Employer at the time this agreement is signed shall be
retained by the employee.
27.07 The Employer agrees that an employee whose employment
is terminated for reasons of incapacity pursuant to Section 12(1)(e) of the Financial
Administration Act may exhaust his or her accumulated sick leave credits
prior to the termination of his or her employment.
28.01 An employee shall be granted injury-on-duty leave with
pay for such period as may be reasonably 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 employee is unable to work because of:
(a) personal injury accidentally received in the performance of his or her
duties and not caused by the employee's willful misconduct,
or
(b) an industrial illness or a disease arising out of and in the course of
the employee's employment, if the employee agrees to remit to the Receiver
General of Canada any amount received by him or her 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 employee or the employee's agent has paid the premium.
29.01 Maternity Leave without Pay
(a) An employee 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 sub-clause (a):
(i) where the employee has not yet proceeded on
maternity leave without pay and her newborn child is hospitalized,
or
(ii) where the employee 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 sub-clause (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 employee was not on maternity leave, to
a maximum of seventeen (17) weeks.
(c) The extension described in sub-clause (b) shall end not later than
fifty-two (52) weeks after the termination date of pregnancy.
(d) The Employer may require an employee to submit a medical certificate
certifying pregnancy.
(e) An employee 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 the
Sick Leave Article. For purposes of this sub-clause, the terms
"illness" or "injury" used in the Sick Leave Article shall
include medical disability related to pregnancy.
(f) An employee 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 vacation leave. Time spent on such leave shall be counted
for pay increment purposes.
29.02 Maternity Allowance
(a) An employee 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 sub-clause (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) |
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|
|
|
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[total period to be worked
as specified in (B)] |
however, an employee whose specified period of
employment expired and who is rehired by the same department within a period of
five (5) 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 sections (a)(iii)(B), and (C), periods of leave with
pay shall count as time worked. Periods of leave without pay during the
employee'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 employee 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 employee 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 employee's request, the payment referred to in sub-clause
29.02(c)(i) will be estimated and advanced to the employee. Adjustments will be
made once the employee provides proof of receipt of Employment Insurance
pregnancy benefits.
(e) The maternity allowance to which an employee is entitled is limited to
that provided in sub-clause (c) and an employee 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 sub-clause (c) shall be:
(i) for a full-time employee, the employee's weekly
rate of pay on the day immediately preceding the commencement of maternity leave
without pay,
(ii) for an employee 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 sub-clause (i) by the fraction obtained by
dividing the employee's straight time earnings by the straight time earnings the
employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in sub-clause (f) shall be the rate to
which the employee is entitled for her substantive level to which she is
appointed.
(h) Notwithstanding sub-clause (g), and subject to sub-subclause (f)(ii), if
on the day immediately preceding the commencement of maternity leave without pay
an employee 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 employee 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 employee's deferred remuneration or severance pay.
29.03 Special Maternity Allowance for Totally Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement
specified in sub-subclause 29.02(a)(ii) solely because a concurrent entitlement
to benefits under the Disability Insurance (DI) Plan, the Longterm 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 sub-clause 29.02(a), other than those specified in
sections (A) and (B) of sub-subclause 29.02(a)(iii),
shall be paid, in respect of each week of maternity allowance not received
for the reason described in sub-subclause (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 employee shall be paid an allowance under this clause and under clause
29.02 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 sub-subclause (a)(i).
29.04 Transitional Provisions
If, on the date of signature of this Agreement, an employee is currently on
maternity leave without pay or has requested a period of maternity leave but has
not commenced the leave, she shall upon request be entitled to the provisions of
this Article. Any application must be received before the termination date of
the leave period originally requested.
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