1.01 The purpose of this Agreement is to maintain harmonious
and mutually beneficial relationships between the Employer, the employees and
the Institute, to set forth certain terms and conditions of employment relating
to remuneration, hours of work, employee benefits and general working conditions
affecting employees covered by this Agreement.
1.02 The parties to this Agreement share a desire to improve
the quality of the Public Service of Canada, to maintain professional standards
and to promote the well-being and increased efficiency of its employees to the
end that the people of Canada will be well and effectively served. Accordingly,
they are determined to establish within the framework provided by law, an
effective working relationship at all levels of the Public Service in which
members of the bargaining unit are employed.
2.01 For the purpose of this Agreement:
"bargaining unit" means the employees of the
Employer in the group described in Article 26 - Recognition (« unité de négociation »);
"common-law partner" refers to a person living in
a conjugal relationship with an employee for a continuous period of at least one
year (« conjoint de fait »);
"continuous employment" has the same meaning as
specified in the Public Service Terms and Conditions of Employment
Regulations on the date of signing of this agreement (« emploi
continu »);
"daily rate of pay" means an employee's weekly
rate of pay divided by five (5) (« taux de rémunération journalier »);
"day of rest" in relation to an employee means a
day, other than a designated paid holiday, on which that employee is not
ordinarily required to perform duties other than by reason of the employee being
on leave (« jour de repos »);
"designated paid holiday" means the twenty-four
(24) hour period commencing at 00:01 hour of a day designated as a holiday in
this Agreement (« jour férié désigné payé »);
"double time" means two (2) times the employee's
hourly rate of pay (« tarif double »);
**
"employee" means a person so defined by the Public
Service Labour Relations Act and who is a member of the bargaining unit (« employé »);
"Employer" means Her Majesty in right of Canada as
represented by the Treasury Board, and includes any person authorized to
exercise the authority of the Treasury Board (« Employeur »);
"headquarters area" has the same meaning as given
to the expression in the Travel Policy (« région du lieu d'affectation »);
"hourly rate of pay" means a full-time employee's
weekly rate of pay divided by thirty-seven decimal five (37.5) (« taux de
rémunération horaire »);
"Institute" means the Professional Institute of
the Public Service of Canada (« Institut »);
"lay-off" means the termination of an employee's
employment because of lack of work or because of the discontinuance of a
function (« licenciement »);
"leave" means authorized absence from duty (« congé »);
"membership dues" means the dues established
pursuant to the by-laws and regulations of the Institute as the dues payable by
its members as a consequence of their membership in the Institute, and shall not
include any initiation fee, insurance premium, or special levy (« cotisations
syndicales »);
"overtime" means work required by the Employer, to
be performed by the employee in excess of the employee's daily hours of work (« heures
supplémentaires »);
"spouse" will, when required, be interpreted to
include common-law partner except, for the purposes of the Foreign Service
Directives, the definition of spouse will remain as specified in Directive 2 of
the Foreign Service Directives (« époux »);
"time and one-half" means one and one half (1 1/2)
times the employee's hourly rate of pay (« tarif et demi »);
"weekly rate of pay" means an employee's annual
rate of pay divided by 52.176 (« taux de rémunération hebdomadaire »).
**
2.02 Except as otherwise provided in this Agreement,
expressions used in this Agreement,
(a) if defined in the Public Service Labour Relations Act, have the
same meaning as given to them in the Public Service Labour Relations Act,
and
(b) if defined in the Interpretation Act, but not defined in the Public
Service Labour Relations Act, have the same meaning as given to them in the
Interpretation Act.
3.01 Both the English and French texts of this Agreement
shall be official.
4.01 The provisions of this Agreement apply to the
Institute, employees and the Employer.
4.02 In this Agreement, words importing the masculine gender
shall include the feminine gender.
5.01 All the functions, rights, powers and authority which
the Employer has not specifically abridged, delegated or modified by this
Agreement are recognized by the Institute as being retained by the Employer.
6.01 Nothing in this Agreement shall be construed as an
abridgement or restriction of an employee's constitutional rights or of any
right expressly conferred in an Act of the Parliament of Canada.
Preamble
For the purpose of this article: "Publication" shall include, for
example, scientific and professional papers, articles, manuscripts, monographs,
audio and visual products, and computer software.
7.01 The Employer agrees to continue the present practice of
ensuring that employees have ready access to all publications considered
necessary to their work by the Employer.
7.02 The Employer agrees that publications prepared by an
employee, within the scope of the employee's employment, will be retained on
appropriate departmental files for the normal life of such files. The Employer
will not unreasonably withhold permission for publication. At the Employer's
discretion, recognition of authorship will be given where practicable in
departmental publications.
7.03 When an employee acts as a sole or joint author or
editor of a publication, the authorship or editorship shall normally be
acknowledged on such publication.
7.04
(a) The Employer may suggest revisions to a publication and may withhold
approval to publish.
(b) When approval for publication is withheld, the author(s) shall be so
informed in writing of the reasons, if requested by the employee.
(c) Where the Employer wishes to make changes in a publication with which the
author does not agree, the employee shall not be credited publicly if the
employee so requests.
Clauses 8.01 through 8.06 shall not apply to employees on shift work. Clauses
8.07 through 8.21 shall apply only to employees on shift work.
General
8.01 For the purpose of this Article, a week shall consist
of seven (7) consecutive days beginning at 00:01 hours Monday and ending at
24:00 hours Sunday. The day is a twenty-four (24) hour period commencing at
00:01 hours.
Non Shift Work
8.02 The scheduled work week shall be thirty-seven decimal
five (37.5) hours and the scheduled work day shall be seven decimal five (7.5)
consecutive hours, exclusive of a meal period, between the hours of 7:00 a.m.
and 6:00 p.m. The normal work week shall be Monday to Friday inclusive.
Flexible Hours
8.03 Upon request of an employee and the concurrence of the
Employer, an employee may work flexible hours on a daily basis so long as the
daily hours amount to seven decimal five (7.5).
Days of Rest
8.04 An employee shall be granted two (2) consecutive days
of rest during each seven (7) day period unless operational requirements do not
so permit.
Monthly Attendance Registers
8.05 Employees will submit monthly attendance registers;
only those hours of overtime and absences need be specified.
Compressed Work Week
8.06 Upon request of an employee and the concurrence of the
Employer, an employee may complete required hours of work in a period of other
than five (5) full days provided that over a period of twenty-eight (28)
calendar days the employee works an average of thirty-seven decimal five (37.5)
hours per week. As part of the provisions of this clause, attendance reporting
shall be mutually agreed between the employee and the Employer. 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 work day for the employee.
Notwithstanding anything to the contrary contained in this Agreement, 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.
Shift Work
8.07 "Shift schedule" means the arrangement of
shifts over a given period of time not exceeding two (2) consecutive months and,
where practical, for a minimum period of twenty-eight (28) consecutive days.
8.08 For employees engaged in shift work, the hours of work
shall average thirty-seven decimal five (37.5) hours per week over the period of
a shift schedule exclusive of meal periods.
8.09 An employee shall be granted at least two (2)
consecutive and continuous days of rest during each eight (8) calendar day
period unless operational requirements do not permit.
8.10 In computing the hours of work within a shift schedule,
leave and other entitlements will be administered in accordance with the
Memorandum of Agreement, Appendix "B".
8.11 For the purpose of this agreement, when an employee's
shift does not commence and end on the same day, such shift shall be deemed for
all purposes to have been entirely worked:
(a) on the day it commenced where half (1/2) or more of the hours worked fall
on that day;
or
(b) on the day it terminates where more than half (1/2) of the hours worked
fall on that day.
8.12 In the scheduling of shift work the Employer shall
arrange shifts so that:
(a) employees shall rotate through the various shifts in such a manner that
the requirements for working night shifts, evening shifts and weekends will be
shared on an equitable basis by all employees covered by the shift schedule, to
the extent that operational requirements will permit;
(b) an employee's shift shall not be scheduled to commence within fifteen
(15) hours of the completion of the employee's previous shift;
and
(c) employees shall not be scheduled to work less than seven (7) hours nor
more than nine (9) hours in any one shift.
8.13 Every reasonable effort shall be made by the Employer
to consider the wishes of the employees concerned in the arrangement of shifts
within a shift schedule. Therefore:
(a) notwithstanding the provisions of clause 8.12, upon request of at least
two-thirds (2/3) of the employees affected and with the concurrence of the
Employer, shifts may be scheduled that vary from clause 8.12;
(b) notwithstanding anything to the contrary contained in this agreement, the
implementation of any variation in hours under this clause 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.
8.14
(a) In order to help in the consideration of the wishes of the employees
concerned, a provisional shift schedule shall be prepared by the Employer and
shall be posted at least two (2) months in advance.
(b) Provisional and final shift schedules shall indicate the working hours
for each shift. The final shift schedule shall be published at least three (3)
weeks prior to the commencement of the said schedule and every effort shall be
made by the Employer to ensure that scheduled days of rest are not changed.
Where in the opinion of the Employer, briefing of shifts is required, adequate
paid time shall be allotted within the shift schedule.
8.15 Provided it will not result in additional costs to the
Employer, employees at the same office may exchange shifts with the prior
permission of the Employer. Such permission shall not be unreasonably withheld.
Once the exchange has been approved, the work schedule will become the official
shift schedule of the office.
8.16
(a) If an employee is given less than seventy-two (72) hours' advance notice
of a change in the employee's shift schedule, the employee will receive
compensation at the rate of time and one half (1 1/2) for work performed on the
first shift changed. Subsequent shifts worked on the changed schedule shall be
paid for at straight time and every effort shall be made by the Employer to
ensure that scheduled days of rest on the changed schedule are maintained.
(b) Notwithstanding 8.16(a),
(i) when a change in a shift schedule is required and the employee agrees
it is to the employee's benefit to change the shift schedule, the employee
shall be compensated at the straight-time rate for work performed in the first
shift changed;
and
(ii) when an employee requests and the Employer agrees to change the
employee's shift schedule, the employee shall be paid at the straight-time
rate for work performed on the first shift of the revised shift schedule.
8.17 A meal period shall be scheduled as close to the
mid-point of the shift as possible. In the event that an employee is required by
the Employer to work through the meal period, such employee will be paid for the
meal period, at the applicable rate.
8.18 Employees will submit monthly attendance records; only
absences and hours of overtime need be specified.
Shift Premium
8.19 An employee working a regularly scheduled shift will
receive a shift premium of two dollars ($2) per hour for each hour worked,
including overtime hours, between 1600 and 0800.
Weekend Premium
8.20 Employees shall receive an additional weekend premium of two dollars ($2) for
all scheduled hours worked at straight-time hourly rates on Saturday and/or
Sunday.
9.01 When an employee is required by the Employer to work
overtime, the employee shall be compensated as follows:
(a) on the employee's normal work day, 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
rate of double (2) time for all hours of overtime in any contiguous period in
excess of the first seven decimal five (7.5) hours;
(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 day worked.
9.02 When an employee is required to work on a designated
holiday, compensation shall be granted on the basis of time and one-half (1 1/2)
for each hour worked, in addition to the compensation that the employee would
have been granted had the employee not worked on the designated holiday.
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.
9.03 When an employee works on a holiday, contiguous to a
second day of rest on which the employee also worked and received overtime in
accordance with paragraph 9.01(c), the employee shall be paid in addition to the
pay that the employee would have been granted had the employee not worked on the
holiday, two (2) times the employee's hourly rate of pay for all time worked.
9.04 All calculations for overtime shall be based on each
completed period of fifteen (15) minutes.
9.05 Except in cases of emergency, call-back, stand-by or
mutual agreement the Employer shall whenever possible give at least twelve (12)
hours' notice of any requirement for the performance of overtime.
**
9.06 Upon application by the employee and at the discretion
of the Employer, compensation earned under this Article may be taken in the form
of compensatory leave, which will be calculated at the applicable premium rate
laid down in this Article. Compensatory leave earned in a fiscal year and
outstanding on December 31 of the next following fiscal year shall be paid at
the employee's daily rate of pay on December 31.
**
9.07 When a payment is being made as a result of the
application of this Article, the Employer will endeavour to make such payment
within six (6) weeks following the end of the pay period for which the employee
requests payment, or, if payment is required to liquidate compensatory leave
outstanding at the expiry of the fiscal year, the Employer will endeavour to
make such payment within six (6) weeks of the commencement of the first pay
period after December 31 of the next following fiscal year.
9.08
(a) An employee who works three (3) or more hours of overtime immediately
before or immediately following the employee's scheduled hours of work shall be
reimbursed for one meal in the amount of ten dollars and fifty cents ($10.50),
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 the employee's place of work.
(b) When an employee works overtime continuously extending four (4) hours or
more beyond the period provided in (a) above, the employee shall be reimbursed
for one additional meal in the amount of ten dollars and fifty cents ($10.50)
except where free meals are provided. Reasonable time with pay, to be determined
by the Employer, shall be allowed the employee in order that the employee may
take a meal break either at or adjacent to the employee's place of work.
(c) Paragraphs 9.08(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.
10.01 If an employee is called back to work:
(a) on a designated paid holiday which is not the employee's scheduled day of
work,
or
(b) on the employee's day of rest,
or
(c) after the employee has completed the employee's work for the day and has
left the employee's place of work,
and returns to work, the employee shall be paid the greater of:
(i) the minimum of three (3) hours' pay at the applicable overtime rate of
pay for each call-back to a maximum of eight (8) hours' pay in an eight
(8)-hour period,
or
(ii) compensation at the applicable rate of overtime compensation for time
worked,
provided that the period worked by the employee is not contiguous to the
employee's normal hours of work.
**
10.02 Upon application by the employee and at the discretion
of the Employer, compensation earned under this Article may be taken in the form
of compensatory leave, which will be calculated at the applicable premium rate
laid down in this Article. Compensatory leave earned in a fiscal year and
outstanding on December 31 of the next following fiscal year shall be paid at
the employee's daily rate of pay on December 31.
**
10.03 When a payment is being made as a result of the
application of this Article, the Employer will endeavour to make such payment
within six (6) weeks following the end of the pay period for which the employee
requests payment, or, if payment is required to liquidate compensatory leave
outstanding at the expiry of the fiscal year, the Employer will endeavour to
make such payment within six (6) weeks of the commencement of the first pay
period after December 31 of the next following fiscal year.
10.04 Payments provided under Overtime, Reporting Pay and
Standby provisions of this agreement shall not be pyramided, that is an employee
shall not receive more than one compensation for the same service.
11.01 When the Employer requires an employee to be available
on standby during off-duty hours the employee shall be compensated at the rate
of one-half (1/2) hour for each four (4) hour period or portion thereof for
which the employee has been designated as being on standby duty.
11.02 An employee on standby who is called in to work by the
Employer and who reports for work shall be compensated in accordance with
Article 10 - Call-Back.
11.03
(a) An employee required to be on standby duty shall be available during the
period of standby at a known telephone number or other telecommunication linkand
be able to return for duty as quickly as possible if called.
(b) In areas and in circumstances where the Employer deems that electronic
communication devices are both practicable and efficient, they will be provided
without cost to those employees on standby duty.
11.04 No standby duty payment shall be granted if an
employee is unable to report for duty when required.
11.05 A standby duty roster and schedule may be established
at locations when, in the opinion of the Employer, it is warranted by operating
conditions.
11.06 At the Employer's discretion, compensation for standby
may be given by granting equivalent time off in lieu of a cash payment. If such
time off cannot be granted within the quarter in which it is earned then cash
payment will be made.
12.01 Subject to clause 12.02, 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 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,
and
(l) one additional day when proclaimed by an Act of Parliament as a national
holiday.
12.02 An employee absent without pay on both the employee's
full working day immediately preceding and the employee's full working day
immediately following a designated paid holiday, is not entitled to pay for the
holiday, except in the case of an employee who is granted leave without pay
under the provisions of Article 31, Leave for Staff Relations Matters.
Designated Paid Holiday Falling on a Day of Rest
12.03 When a day designated as a paid holiday under clause
12.01 coincides with an employee's day of rest, the holiday shall be moved to
the employee's first normal working day following the employee's day of rest.
12.04 When a day designated as a paid holiday for an
employee is moved to another day under the provisions of clause 12.03:
(a) work performed by an employee 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 an employee on the day to which the holiday was moved,
shall be considered as work performed on a holiday.
Compensation for Work on a Paid Holiday
12.05 Compensation for work on a paid holiday will be in
accordance with Article 9.
Designated Paid Holiday Coinciding with a Day of Paid Leave
12.06 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 clause 12.03, the designated paid holiday shall not count as a
day of leave.
13.01 When the Employer requires an employee to travel
outside the employee's headquarters area for the purpose of performing duties,
the employee shall be compensated in the following manner:
(a) on a normal working day on which the employee travels but does not work,
the employee shall receive the employee's regular pay for the day;
(b) on a normal working day on which the employee travels and works, the
employee shall be paid:
(i) the employee's regular pay for the day for a combined period of travel
and work not exceeding seven decimal five (7.5) hours,
and
(ii) at the applicable overtime rate for additional travel time in excess
of a seven decimal five (7.5) hour period of work and travel, with a maximum
payment for such additional travel time not to exceed twelve (12) hours pay at
the straight-time rate in any day;
(c) on a day of rest or on a designated paid holiday, the employee shall be
paid at the applicable overtime rate for hours travelled to a maximum of twelve
(12) hours pay at the straight-time rate.
13.02 For the purpose of clause 13.01, the travelling time
for which an employee shall be compensated is as follows:
(a) for travel by public transportation, the time between the scheduled time
of departure and the time of arrival at a destination, including the normal
travel time to the point of departure, as determined by the Employer;
(b) for travel by private means of transportation, the normal time as
determined by the Employer, to proceed from the employee's place of residence or
work place, as applicable, direct to the destination and, upon return, direct
back to the employee's residence or work place;
(c) in the event that an alternative time of departure and/or means of travel
is requested by the employee, the Employer may authorize such alternative
arrangements in which case compensation for travelling time shall not exceed
that which would have been payable under the Employer's original determination.
13.03 All calculations for travelling time shall be based on
each completed period of fifteen (15) minutes.
**
13.04 Upon application by the employee and at the discretion
of the Employer, compensation earned under this Article may be taken in the form
of compensatory leave, which will be calculated at the applicable premium rate
laid down in this Article. Compensatory leave earned in a fiscal year and
outstanding on December 31 of the next following fiscal year shall be paid at
the employee's daily rate of pay on December 31.
**
13.05 When a payment is being made as a result of the
application of this Article, the Employer will endeavour to make such payment
within six (6) weeks following the end of the pay period for which the employee
requests payment, or, if payment is required to liquidate compensatory leave
outstanding at the expiry of the fiscal year, the Employer will endeavour to
make such payment within six (6) weeks of the commencement of the first pay
period after December 31 of the next following fiscal year.
13.06 This Article does not apply to an employee required to
perform work in any type of transport in which the employee is travelling. In
such circumstances, the employee shall receive pay for actual hours worked in
accordance with the appropriate Article of this agreement, Hours of Work,
Overtime, Designated Paid Holidays.
13.07 Travelling time shall include time necessarily spent
at each stop-over en route provided that such stop-over does not include an
overnight stay.
13.08 Compensation under this Article shall not be paid for
travel time to courses, training sessions, conferences and seminars unless so
provided for in the Career Development Article.
13.09 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 off for each
additional 20 nights that the employee is away from his or her permanent
residence to a maximum of 80 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
paragraph 9.06.
**
The provisions of this clause do not apply when the employee travels in
connection with courses, training sessions, professional conferences and
seminars, unless the employee is required to attend by the Employer.
**
14.01 When the employment of an employee who has been
granted more vacation or sick leave with pay than the employee has earned is
terminated by death or lay-off, the employee is considered to have earned the
amount of leave with pay granted.
**
14.02 An employee is entitled, once in each fiscal year, to
be informed, upon request, of the balance of the employee's vacation or sick
leave with pay credits.
14.03 The amount of leave with pay credited to an employee
by the Employer at the time when this Agreement is signed, or at the time when
the employee becomes subject to this Agreement, shall be retained by the
employee.
14.04 An employee shall not be granted two (2) different
types of leave with pay in respect of the same period of time.
14.05 An Employee is not entitled to leave with pay during
periods the employee is on leave without pay, on educational leave or under
suspension.
14.06 Except as otherwise specified in this Agreement, 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 "service" for the purpose of calculating
vacation leave. Time spent on such leave which is for a period of more than
three (3) months shall not be counted for pay increment purposes.
14.07 Leave credits will be earned on a basis of a day being
equal to seven decimal five (7.5) hours.
14.08 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.
14.09
(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.
15.01 The vacation year shall be from April 1st
to March 31st, inclusive.
Accumulation of Vacation Leave Credits
**
15.02 An employee shall earn vacation leave credits for each
calendar month during which the employee receives pay for at least seventy-five
(75) hours at the following rate:
(a) nine decimal three seven five (9.375) hours until the month in which the
employee's eighth (8th) anniversary of service occurs;
(b) twelve decimal five (12.5) hours commencing with the month in which the
employee's eighth (8th) anniversary of service occurs;
(c) thirteen decimal seventy-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 commencing with the
month in which the employee's seventeenth (17th) anniversary of
service occurs;
(e) fifteen decimal six two five (15.625) hours commencing with the month in
which the employee's eighteen (18th) anniversary of service occurs;
(f) sixteen decimal eight seven five (16.875) hours commencing with the month
in which the employee's twenty-seventh (27th) anniversary of service
occurs;
(g) eighteen decimal seven five (18.75) hours per month commencing with the
month in which the employee's twenty-eight (28th) anniversary of
service occurs.
15.03 For the purpose of clause 15.02 only, all service
within the Public Service, whether continuous or discontinuous, shall count
toward vacation leave except where a person who, on leaving the Public Service,
takes or has taken severance pay. However, the above exception shall not apply
to an employee who receives severance pay on lay-off and is reappointed to the
Public Service within one (1) year following the date of lay-off.
Entitlement to Vacation Leave With Pay
**
15.04 An employee is entitled to vacation leave with pay to
the extent of earned credits but an employee who has completed six (6) months of
continuous employment is entitled to receive an advance of credits equivalent to
the anticipated credits for the vacation year.
Provision for Vacation Leave
15.05 In order to maintain operational requirements, the
Employer reserves the right to schedule an employee's vacation leave but shall
make every reasonable effort:
(a) to provide an employee's vacation leave in an amount and at such time as
the employee may request;
(b) not to recall an employee to duty after the employee has proceeded on
vacation leave.
Replacement of Vacation Leave
15.06 Where, in respect of any period of vacation leave, an
employee:
(a) is granted bereavement leave,
or
(b) is granted special leave with pay because of illness in the immediate
family,
or
(c) 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.
Carry-Over Provision
15.07
(a) Where in any vacation year all of the vacation leave credits to an
employee has not been scheduled, the employee may carry over into the following
vacation year up to a maximum of two hundred and sixty-two decimal five (262.5)
hours credit. All vacation leave credits in excess of two hundred and sixty-two
decimal five (262.5) hours will be paid in cash at the employee's daily rate of
pay as calculated from the classification prescribed in the employee's
certificate of appointment of the employee's substantive position on the last
day of the vacation year.
(b) 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 one hundred and twelve decimal five (112.5) hours may be paid in cash at the
employee's daily rate of pay as calculated from the classification prescribed in
the employee's certificate of appointment of the employee's substantive position
on March 31st, of the previous vacation year.
Recall From Vacation Leave
15.08 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, incurred:
(a) in proceeding to the employee's place of duty,
and
(b) in returning to the place from which the employee was recalled if the
employee immediately resumes vacation upon completing the assignment for which
the employee was recalled, after submitting such accounts as are normally
required by the Employer.
15.09 The employee shall not be considered as being on
vacation leave during any period in respect of which the employee is entitled
under clause 15.08 to be reimbursed for reasonable expenses incurred by the
employee.
Cancellation of Vacation Leave
**
15.10 When the Employer cancels or alters a period of
vacation 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 the employee 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 will
provide proof of such action, when available, to the Employer.
Advance Payments
15.11 The Employer agrees to issue advance payments of
estimated net salary for vacation periods of two (2) or more complete weeks,
providing a written request for such advance payment is received from the
employee at least six (6) weeks prior to the last pay before the employee's
vacation period commences, and providing the employee has been authorized to
proceed on vacation leave for the period concerned. Pay in advance of going on
vacation shall be made prior to departure. Any overpayment in respect of such
pay advances shall be an immediate first charge against any subsequent pay
entitlement and shall be recovered in full prior to any further payment of
salary.
Leave When Employment Terminates
**
15.12 When an employee dies or otherwise ceases to be
employed, the employee or the employee's estate shall be paid an amount equal to
the product obtained by multiplying the number of days of earned but unused
vacation leave with pay by the daily rate of pay as calculated for the
classification of the employee's substantive position on the date of the
termination of employment.
Vacation Leave Credits for Severance Pay
15.13 Where the employee requests, the Employer shall grant
the employee unused vacation leave credits prior to termination of employment if
this will enable the employee, for purposes of severance pay, to complete the
first (1st) year of continuous employment in the case of lay-off, and
the tenth (10th) year of continuous employment in the case of
resignation.
Abandonment
15.14 Notwithstanding clause 15.12, an employee whose
employment is terminated by reason of a declaration that the employee abandoned
the employee's position is entitled to receive the payment referred to in clause
15.12 if the employee requests it within six (6) months following the date upon
which the employee's employment is terminated.
Recovery on Termination
15.15 In the event of the termination of employment for
reasons other than death or lay-off the Employer shall recover from any monies
owed the employee, an amount equivalent to unearned vacation leave taken by the
employee, calculated on the basis of the rate of pay applicable to the
classification of the employee's substantive position on the date of
termination.
**
15.16 Appointment to a Separate Employer
Notwithstanding clause 15.12, an employee who resigns to accept an
appointment with an organization listed in Schedule V of the Financial
Administration Act may choose not to be paid for unused vacation leave
credits, provided that the appointing organization will accept such credits.
**
15.17 Appointment from a Separate Employer
The Employer agrees to accept the unused vacation leave credits up to a
maximum of two-hundred and sixty-two decimal five (262.5) hours of an employee
who resigns from an organization listed in Schedule V of the Financial
Administration Act in order to take a position with the Employer if the
transferring employee is eligible and has chosen to have these credits
transferred.
**
15.18
(a) Employees shall be credited a one-time entitlement of thirty-seven
decimal five (37.5) hours of vacation leave with pay on the first (1st)
day of the month following the employee's second (2nd) anniversary of
service, as defined in clause 15.03.
(b) Transitional Provisions
Effective on January 26, 2006, employees with more than two (2) years of
service, as defined in clause 15.03, shall be credited a one-time entitlement of
thirty-seven decimal five (37.5) hours of vacation leave with pay.
(c) The vacation leave credits provided in clause 15.18(a) and (b) above
shall be excluded from the application of paragraph 15.07 dealing with the
Carry-over of Vacation Leave.
Credits
16.01
(a) 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 the employee
receives pay for at least seventy-five (75) hours.
(b) A shift worker shall earn additional sick leave credits at the rate of
one decimal twenty-five (1.25) hours for each calendar month during which he
works shifts and receives pay for at least seventy-five (75) hours. Such credits
shall not be carried over in the next fiscal year and are available only if the
employee has already used one hundred and twelve decimal five (112.5) hours sick
leave credits during the current fiscal year.
16.02 An employee shall be granted sick leave with pay when
the employee is unable to perform the employee's duties because of illness or
injury provided that:
(a) the employee satisfies the Employer of this condition in such a manner
and at such a time as may be determined by the Employer,
and
(b) the employee has the necessary sick leave credits.
16.03 Unless otherwise informed by the Employer, a statement
signed by the employee stating that because of illness or injury the employee
was unable to perform the employee's duties shall, when delivered to the
Employer, be considered as meeting the requirements of paragraph 16.02(a).
16.04 An employee shall not be granted sick leave with pay
during any period in which the employee is on leave of absence without pay, or
under suspension.
16.05 When an employee is granted sick leave with pay and
injury-on-duty leave is subsequently approved for the same period, it shall be
considered for the purpose of the record of sick leave credits that the employee
was not granted sick leave with pay.
16.06 Where an employee has insufficient or no credits to
cover the granting of sick leave with pay under the provision of clause 16.02,
sick leave with pay may, at the discretion of the Employer, be granted to an
employee for a period of up to twenty-five (25) days, 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.
16.07 Sick leave credits earned but unused by an employee
during a previous period of employment in the Public Service shall be restored
to an employee whose employment was terminated by reason of lay-off and who is
reappointed in the Public Service within two (2) years from the date of lay-off.
**
16.08 An employee shall not be terminated for cause for
reason of incapacity pursuant to Section 12(1)(e) of the Financial
Administration Act at a date earlier than the date at which the employee
will have used his accumulated sick leave credits, except where the incapacity
is the result of an injury or illness for which injury-on-duty leave has been
granted pursuant to clause 17.16.
|