30.01 Parental Leave Without Pay
(a) 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.
(b) 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.
(c) Notwithstanding sub-clauses (a) and (b):
(i) where the employee's child is hospitalized
within the period defined in the above sub-clauses, 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 fifty-two (52) 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 expected date of
the birth of the employee's child (including the child of a common-law partner),
or the date the child is expected to come into the employee's care pursuant to
sub-clauses (a) and (b).
(e) The Employer may:
(i) defer the commencement of parental leave
without pay at the request of the employee;
(ii) grant the employee parental leave without pay
with less than four (4) weeks' notice;
(iii) require an employee to submit a birth
certificate or proof of adoption of the child.
(f) 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 sub-clause, Public Service means any portion
of the Public Service of Canada specified in Schedule I and IV of the Financial
Administration Act.
(g) Leave granted under this clause shall count for the calculation of
"continuous employment" for the purpose of calculating severance pay
and vacation leave. Time spent on such leave shall count for pay increment
purposes.
30.02 Parental Allowance
(a) An employee 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 sub-clauses (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 employee 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 employee will work for a period equal to the
period the employee was in receipt of the parental allowance, in addition to the
period of time referred to in section 29.02(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) |
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(remaining period to be worked
following his/her return to work) |
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[total period to be worked
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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 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
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) Parental 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 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 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.
(d) At the employee's request, the payment referred to in sub-subclause
30.02(c)(i) will be estimated and advanced to the employee. Adjustments will be
made once the employee provides proof of receipt of EI parental benefits.
(e) The parental 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 he or she is 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 or
parental 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 or parental leave without
pay, the rate obtained by multiplying the weekly rate of pay in sub-subclause
(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 the substantive level to which she or he is
appointed.
(h) Notwithstanding sub-clause (g), and subject to sub-subclause (f)(ii), if
on the day immediately preceding the commencement of parental leave without pay
an employee is performing an acting assignment for at least four (4) months, the
weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee 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 employee's deferred remuneration or severance pay.
30.03 Special Parental Allowance for Totally Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement
specified in sub-subclause 30.02(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 employee
from receiving Employment Insurance parental benefits,
and
(ii) has satisfied all of the other eligibility
criteria specified in sub-clause 30.02(a), other than those specified in
sections (A) and (B) of sub-subclause 30.02(a)(iii),
shall be paid, in respect of each week of benefits under the parental
allowance not received for the reason described in sub-subclause (i), the
difference between ninety-three per cent (93%) of the employee'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 employee shall be paid an allowance under this clause and under clause
30.02 for a combined period of no more than the number of weeks during which the
employee would have been eligible for parental benefits pursuant to Section 23
of the Employment Insurance Act, had the employee not been disqualified
from Employment Insurance parental benefits for the reasons described in
sub-subclause (a)(i).
30.04 Transitional Provisions
If, on the date of signature of this Agreement, an employee is currently on
parental leave without pay or has requested a period of such leave without pay
but has not commenced the leave, he or 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.
31.01
(a) For the purpose of this clause, family is defined as spouse (or
common-law partner resident with the employee), children (including children of
legal or common-law partner), parents (including step-parents or foster
parents), or any relative permanently residing in the employee's household or
with whom the employee permanently resides.
(b) The Employer shall grant leave with pay under the following
circumstances:
(i) up to one (1) day to take a family member for a
medical or dental appointment when the family member is incapable of attending
the appointments by himself of herself, or for appointments with appropriate
authorities in schools or adoption agencies. An employee is expected to make
reasonable efforts to schedule medical or dental appointments for family members
to minimize his or her absence from work. An employee requesting leave under
this provision must notify his or her supervisor of the appointment as far in
advance as possible;
(ii) to provide for the immediate and temporary
care of a sick member of the employee's family and to provide an employee with
time to make alternate arrangements where the illness is of a longer duration;
(iii) to provide for the immediate and temporary
care of an elderly member of the employee's family;
(iv) two (2) day's leave with pay for needs
directly related to the birth or to the adoption of the employee'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-clause (b) shall
not exceed five (5) days in a fiscal year.
32.01 After the completion of one (1) year's continuous
employment in the Public Service, an employee who gives the Employer at least
twenty (20) days' notice, shall be granted marriage leave with pay but not more
than five (5) days, for the purpose of getting married.
33.01 Both parties recognize the importance of access to
leave for the purpose of care for the immediate family.
33.02 For the purpose of this article, family is defined as
spouse (or common-law partner resident with the employee), children (including
foster children or children of legal or common-law partner), parents (including
stepparents or foster parents) or any relative permanently residing in the
employee's household or with whom the employee permanently resides.
33.03 Subject to clause 33.02, an employee shall be granted
leave without pay for the Care of Immediate 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 clause 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.
33.04 An employee 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.
33.05 All leave granted under Leave Without Pay for the Care
and Nurturing of Pre-School Age Children under the terms of the previous AI
collective agreement or other agreements will not count towards the calculation
of the maximum amount of time allowed for Care of Immediate Family during an
employee's total period of employment in the Public Service.
Transitional Provision
33.06
This transitional provision is applicable to employees who have been granted
and have proceeded on leave on or after the date of signature of this agreement.
(a) An employee who, on the date of signature of this agreement, is on Leave
Without Pay for the Care and Nurturing of Pre-School Age Children (Article 33)
under the terms of the agreement expired on June 30, 2000, continues on that
leave for the approved duration or until the employee's return to work, if the
employee returns to work before the end of the approved leave.
(b) An employee 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 employee's return to work, if the
employee returns to work before the end of the approved leave.
34.01 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
employee), child (including child of common-law partner), ward of the employee,
father-in-law, mother-in-law, grandparent, grandchild and relative permanently
residing in the employee's household or with whom the employee permanently
resides.
34.02 When a member of the employee's immediate family dies,
an employee shall be entitled to a bereavement period of five (5) consecutive
calendar days which must include the day of the funeral. During such period, the
employee shall be paid for those days which are not regularly scheduled days of
rest for that employee. In addition, the employee may be granted up to three (3)
days' leave with pay for the purpose of travel related to the death.
34.03 An employee is entitled to up to one (1) day's
bereavement leave with pay for the purpose related to the death of the
employee's son-in-law, daughter-in-law, brother-in-law or sister-in-law.
34.04 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 Employer may, after considering the particular
circumstances involved, grant leave with pay for a period greater than and/or in
a manner different than that provided for in clauses 34.02 and 34.03.
35.01 Leave with pay shall be given to every employee, other
than an employee already on leave without pay, on education leave, or under
suspension who is required:
(a) to be available for jury selection;
(b) to serve on a jury;
or
(c) by subpoena or summons 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.
36.01 Where an employee participates as a candidate 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 employee is
entitled to leave with pay for the period during which the employee's presence
is required for purposes of the selection process, and for such further period
as the Employer considers reasonable for the employee to travel to and from the
place where his or her presence is so required. Remuneration in these
circumstances shall be limited to normal pay.
37.01 The Employer recognizes the usefulness of Education
Leave. Upon written application by the employee and with the approval of the
Employer, an employee may be granted education leave without pay for varying
periods up to one (1) year, which can be renewed by mutual agreement, to attend
a recognized institution for studies in some field of education in which
preparation is needed to fill his or her present role more adequately or to
undertake studies in some field in order to provide a service which the Employer
requires or is planning to provide.
37.02 At the Employer's discretion, an employee on education
leave without pay under this Article may receive an allowance in lieu of salary
of up to one hundred per cent (100%) of his or her normal pay, depending on the
degree to which the education leave is deemed by the Employer to be relevant to
organizational requirements. Where the employee receives a grant, bursary or
scholarship, the education leave allowance may be reduced. In such cases, the
amount of the reduction shall not exceed the amount of the grant, bursary or
scholarship.
37.03 Allowances already being received by the employee may
at the discretion of the Employer be continued during the period of the
education leave. The employee shall be notified when the leave is approved
whether such allowances are to be continued in whole or in part.
37.04 As a condition of the granting of education leave
without pay, an employee shall, if required, give a written undertaking prior to
the commencement of the leave to return to the service of the Employer for a
period of not less than the period of the leave granted.
If the employee, except with the permission of the Employer:
(a) fails to complete the course;
(b) does not resume employment with the Employer on completion of the course;
or
(c) ceases to be employed, except by reason of death or lay-off, before
termination of the period he or she has undertaken to serve after completion of
the course;
the employee shall repay the Employer all allowances paid to him or her under
this Article during the education leave or such lesser sum as shall be
determined by the Employer.
37.05 Career Development Leave With Pay
(a) Career development refers to an activity which in the opinion of the
Employer is likely to be of assistance to the individual in furthering his or
her career development and to the organization in achieving its goals. The
following activities shall be deemed to be part of career development:
(i) a course given by the Employer;
(ii) a course offered by a recognized academic
institution;
(iii) a seminar, convention or study session in a
specialized field directly related to the employee's work.
(b) Upon written application by the employee, and with the approval of the
Employer, career development leave with pay may be given for any one of the
activities described in sub-clause 37.05(a) above. Article 17, Overtime, and
Article 24, Travel, do not apply during time spent on career development leave
provided for in this clause.
(c) Employees on career development leave shall be reimbursed for all
reasonable travel and other expenses incurred by them which the Employer may
deem appropriate.
37.06 Invitation to Participate at Seminars and Conventions
An employee invited to give courses or lectures on matters related to his or
her field of employment or to take part in seminars and conventions pertaining
to Air Traffic Control and related to his or her employment may, at the
discretion of the Employer, be given leave with pay for such attendance.
38.01
(a) 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
organization or activity, other than for activities related to the Government of
Canada Workplace Charitable Campaign;
(b) The leave shall be scheduled at a time convenient to both the employee
and the Employer. Nevertheless, the Employer shall make every reasonable effort
to grant the leave at such time as the employee may request.
39.01
(a) 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.
(b) The leave shall be scheduled at a time convenient to both the employee
and the Employer. Nevertheless, the Employer shall make every reasonable effort
to grant the leave at such time as the employee may request.
40.01 It is agreed that, operational requirements
permitting, employees in the Air Traffic Control Group who are selected for
employment by ICAO, CUSO, or under Canada's External Aid Programme, will be
granted leave without pay on presentation of a letter indicating their
acceptance by such an organization.
40.02 At the discretion of the Employer, leave with pay may
be granted when circumstances not directly attributable to the employee prevent
the employee's reporting for duty. Such leave shall not be unreasonably
withheld.
40.03 At its discretion, the Employer may grant leave
without pay for purposes other than those specified in this Agreement.
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