Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
1.01 The purpose of this Agreement is to maintain harmonious
and mutually beneficial relationships between the Employer, the employees and
the Association, 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:
"allowance" means compensation payable for the
performance of special or additional duties (« indemnité »);
**
"Association" means the Canadian Association
of Professional Employees (« Association »);
**
"bargaining unit" means all the employees of the
Employer, classified as ES or SI, in the Economics and Social Science Services
Group, as described in the certificate issued by the PSSRB on the 17th
day of December 2003 (« unité de négociation »);
**
"common law partner" means a person living in a
conjugal relationship with an employee for a continuous period of at least
one year (« conjoint de fait »);
**
"compensatory leave" means leave with pay in lieu
of cash payment for overtime, work performed on a designated paid holiday,
travelling time compensated at overtime rate, reporting pay and call-back. The
duration of such leave will be equal to the time compensated or the minimum time
entitlement multiplied by the applicable overtime rate. The rate of pay to which
an employee is entitled during such leave shall be based on the employee's
hourly rate of pay as calculated from the classification prescribed in the
employee's certificate of appointment on the day immediately prior to the day on
which leave is taken (« congé compensateur »);
"continuous employment" has the same meaning as
specified in the Public Service Terms and Conditions of Employment
Regulations on the date of the 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" means a twenty-four (24) hour
period commencing at 00:01 hour (« jour »);
"day of rest" in relation to an employee means a
day other than a holiday on which that employee is not ordinarily required to
perform the duties of his or her position other than by reason of being on leave
or absent from duty without permission (« jour de repos »);
"double time" means two (2) times the
employee's hourly rate of pay (« tarif double »);
"employee" means a person who is a member of the
bargaining unit (« employé ou employée »);
"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 Directive (« zone d'affectation »)
"holiday" (« jour férié ») means:
(a) the twenty-four (24)-hour period commencing at 00:01 hours of a day
designated as a paid holiday in this Agreement;
(b) however, for the purpose of administration of a shift that does not
commence and end on the same day, such shift shall be deemed to have been
entirely worked:
(i) on the day it commenced where half (1/2) or more of the hours
worked fall on that day,
or
(ii) on the day it terminates where more than half (1/2) of the hours
worked fall on that day;
"hourly rate of pay" means a full-time employee's
weekly rate of pay divided by 37.5 (« taux de rémunération
horaire »);
"lay-off" means the termination of an employee's
employment because of lack of work or because of the discontinuance of a
function (« mise en disponibilité »);
"leave" means authorized absence from duty by an
employee during his or her regular or normal hours of work
(« congé »);
"membership dues" means the dues established
pursuant to the constitution of the Association as the dues payable by its
members as a consequence of their membership in the Association, and shall not
include any initiation fee, insurance premium, or special levy
(« cotisations syndicales »);
"overtime" (« heures
supplémentaires ») means:
(a) in the case of a full-time employee, authorized work in excess of the
employee's scheduled hours of work,
or
(b) in the case of a part-time employee, authorized work in excess of
seven and one-half (7 1/2) hours per day or thirty-seven and
one-half (37 1/2) hours per week, but does not include time
worked on a holiday,
or
(c) in the case of a part-time employee whose normal scheduled hours of work
are in excess of seven and one-half (7 1/2) hours per day in
accordance with the Variable Hours article (Appendix "B"),
authorized work in excess of those normal scheduled daily hours or in excess of
an average of thirty-seven and one-half (37 1/2) hours per week;
"PSSRA" means the Public Service Staff
Relations Act (« LRTFP »);
"PSSRB" means the Public Service Staff Relations
Board (« CRTFP »);
"remuneration" means pay and allowances
(« rémunération »);
"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 Directive (« époux
»);
"straight-time rate" means the employee's hourly
rate of pay (« tarif normal »);
"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 PSSRA, have the same meaning as given to them
in the PSSRA,
and
(b) if defined in the Interpretation Act, but not defined in the PSSRA,
have the same meaning as given to them in the Interpretation Act.
3.01 The provisions of this Agreement apply to the
Association, employees and the Employer.
3.02 Both the English and French texts of this Agreement
shall be official.
3.03 In the French text, to ensure that the language of this
agreement is gender neutral (with the exception of clauses 21.03, 21.04 and
21.05 as well as articles 49 and 51), the words « employé »
and « employée » have been used in alternation from one
article to another.
Unless otherwise expressly stipulated, the provisions of this agreement apply
equally to male and female employees.
4.01 Nothing in this Agreement shall be construed to require
the Employer to do or refrain from doing anything contrary to any instruction,
direction or regulations given or made by or on behalf of the Government of
Canada in the interest of the safety or security of Canada or any state allied
or associated with Canada.
5.01 In the event that any law passed by Parliament,
applying to employees covered by this Agreement, renders null and void any
provision of this Agreement, the remaining provisions of the Agreement shall
remain in effect for the term of this Agreement.
6.01 Except to the extent provided herein, this Agreement in
no way restricts the authority of those charged with managerial responsibilities
in the Public Service.
7.01 The Employer recognizes the Association as the
exclusive bargaining agent for all employees described in the certificate issued
by the PSSRB on the 17th day of December 2003 covering
employees of the Economics and Social Science Services Group.
8.01 The Employer acknowledges the right of the Association
to appoint or otherwise select employees as representatives.
8.02 The Employer and the Association shall, by mutual
agreement, determine the area to be serviced by each representative.
8.03 The Association shall notify the Employer in writing of
the name and jurisdiction of its representatives identified pursuant to
clause 8.02.
8.04 A representative shall obtain the permission of his or
her immediate supervisor before leaving work to investigate employee complaints,
to meet with local management for the purpose of dealing with grievances and to
attend meetings called by management. Upon the resumption of the normal duties
of the representative, he or she shall report back to the supervisor, where
practicable.
8.05 The Association will have the opportunity to have an
employee representative introduced to new employees as part of the Employer's
formal orientation programs, where they exist.
**
9.01 Space on bulletin boards (including electronic bulletin
boards where available) will be made available to the Association for the
posting of official Association notices, in convenient locations determined by
the Employer and the Association. The posting of notices or other material shall
require the prior approval of the Employer, except notices of Association
business affairs and meetings, and Association elections, the names of the
Association's representatives and social and recreational events. The Employer
reserves the right to refuse the posting of any information which it considers
adverse to its interests or to the interests of any of its representatives.
**
9.02 Where technically feasible within the existing
departmental infrastructure, and subject to security restrictions, each
department shall establish a hyperlink to the Association's website from the
departmental intranet website.
9.03 The Employer will continue its present practice of
making available to the Association specific locations on its premises, and
where it is practical to do so on vessels, for the placement of reasonable
quantities of literature of the Association.
9.04 A duly accredited representative of the Association may
be permitted access to the Employer's premises, which includes vessels, to
assist in the resolution of a complaint or grievance and to attend meetings
called by management. Permission to enter the premises shall, in each case be
obtained from the Employer. In the case of access to vessels, the Association
representative upon boarding any vessel must report to the Master, state his or
her business and request permission to conduct such business. It is agreed that
these visits will not interfere with the sailing and normal operation of the
vessels.
9.05 The Association shall provide the Employer a list of
such Association representatives and shall advise promptly of any change made to
the list.
**
9.06
(a) Subject to the availability of appropriate facilities, the Association
may hold general meetings of the local membership on departmental premises. The
location, date and duration of such meetings shall require the prior approval of
the deputy head or his or her delegate.
(b) This clause does not entitle an employee to attend such meetings during
his or her scheduled hours of work.
10.01 The Employer will as a condition of employment deduct
an amount equal to the amount of the membership dues from the monthly pay of an
employee.
10.02 The Association shall inform the Employer in writing
of the authorized monthly deduction to be checked off for each employee.
10.03 For the purpose of applying clause 10.01,
deductions from pay for each employee in respect of each calendar month will
start with the first full calendar month of employment to the extent that
earnings are available.
10.04 An employee who satisfies the Employer to the extent
that the employee satisfies in an affidavit that he or she is a member of a
religious organization whose doctrine prevents an employee as a matter of
conscience from making financial contributions to an employee organization and
that the employee will make contributions to a charitable organization
registered pursuant to the Income Tax Act, equal to dues, shall not be
subject to this Article, provided that the affidavit submitted by the employee
is countersigned by an official representative of the religious organization
involved. A copy of the affidavit will be provided to the Association.
10.05 No employee organization, as defined in Section 2
of the PSSRA, other than the Association, shall be permitted to have
membership dues and/or other monies deducted by the Employer from the pay of
employees in the bargaining unit.
10.06 The amounts deducted in accordance with
clause 10.01 shall be remitted to the Association by cheque within a
reasonable period of time after deductions are made and shall be accompanied by
particulars identifying each employee and the deductions made on each employee's
behalf.
10.07 The Employer agrees to continue the past practice of
making deductions for other purposes on the basis of the production of
appropriate documentation.
10.08 The Association agrees to indemnify and save the
Employer harmless against any claim or liability arising out of the application
of this Article, except for any claim or liability arising out of an error
committed by the Employer limited to the amount actually involved in the error.
11.01 The Employer agrees to provide the Association, on a
quarterly basis, with a list of all employees in the bargaining unit. The list
referred to herein shall include the name, employing department, geographical
location, date of appointment to a particular position and classification of the
employee and the employer will endeavour to provide it normally within
one (1) month following the termination of each quarter.
11.02 The Employer agrees to supply each employee with a
copy of the Collective Agreement and will endeavour to do so within
one (1) month after receipt from the printer.
**
11.03 National Joint Council Agreements which form part of
this collective agreement and which have a direct bearing on employees' terms
and conditions of employment shall be made available to employees by the
Employer either electronically or in paper form.
12.01 If employees are prevented from performing their
duties because of a strike or lock-out on the premises of a provincial,
municipal, commercial or industrial employer, the employees shall report the
matter to the Employer, and the Employer will make reasonable efforts to ensure
that such employees are employed elsewhere, so that they shall receive their
regular pay and benefits to which they would normally be entitled.
13.01 Unless otherwise specified by the Employer as being in
an area that could represent a conflict of interest, employees shall not be
restricted in engaging in other employment outside the hours they are required
to work for the Employer.
Complaints made to the PSSRB Pursuant to Section 23 of the PSSRA
14.01 When operational requirements permit, the Employer
will grant leave with pay:
(a) to an employee who makes a complaint on his or her own behalf, before the
PSSRB,
and
(b) to an employee who acts on behalf of an employee making a complaint, or
who acts on behalf of the Association making a complaint.
Applications for Certification, Representations and Interventions
with respect to Applications for Certification
14.02 Where operational requirements permit, the Employer
will grant leave without pay:
(a) to an employee who represents the Association in an application for
certification or in an intervention,
and
(b) to an employee who makes personal representations with respect to a
certification.
14.03 The Employer will grant leave with pay:
(a) to an employee called as a witness by the PSSRB,
and
(b) when operational requirements permit, to an employee called as a witness
by an employee or the Association.
Arbitration Board, Conciliation Board Hearings and Alternate Dispute
Resolution
14.04 When operational requirements permit, the Employer
will grant leave with pay to a reasonable number of employees representing the
Association before an Arbitration Board, Conciliation Board or in an Alternate
Dispute Resolution Process.
14.05 The Employer will grant leave with pay to an employee
called as witness by an Arbitration Board, Conciliation Board or in an Alternate
Dispute Resolution Process and, when operational requirements permit, to an
employee called as a witness by the Association.
Adjudication
14.06 When operational requirements permit, the Employer
will grant leave with pay to an employee who is:
(a) a party to the adjudication,
(b) the representative of an employee who is a party to an adjudication,
and
(c) a witness called by an employee who is a party to an adjudication.
Meetings During the Grievance Process
14.07 Where operational requirements permit, the Employer
will grant to an employee:
(a) where the Employer originates a meeting with the employee who has
presented the grievance, leave with pay when the meeting is held in the
headquarters area of the employee and on duty status when the meeting is held
outside the employee's headquarters area,
and
(b) where an employee who has presented a grievance seeks to meet with the
Employer, leave with pay to the employee when the meeting is held in the
headquarters area of such employee and leave without pay when the meeting is
held outside the headquarters area of such employee.
14.08 Where an employee wishes to represent, at a meeting
with the Employer, an employee who has presented a grievance, the Employer will
arrange the meeting having regard to operational requirements, and will grant
leave with pay to the representative when the meeting is held in the
representative's headquarters area and leave without pay when the meeting is
held outside the representative's headquarters area.
14.09 Where an employee has asked or is obliged to be
represented by the Association in relation to the presentation of a grievance
and an employee acting on behalf of the Association wishes to discuss the
grievance with that employee, the employee and the representative of the
employee will, where operational requirements permit, be given reasonable leave
with pay for this purpose when the discussion takes place in his or her
headquarters area and reasonable leave without pay when it takes place outside
his or her headquarters area.
Contract Negotiations Meetings
14.10 Where operational requirements permit, the Employer
will grant leave without pay to a reasonable number of employees for the purpose
of attending contract negotiation meetings on behalf of the Association.
Preparatory Contract Negotiations Meetings
14.11 Where operational requirements permit, the Employer
will grant leave without pay to a reasonable number of employees to attend
preparatory contract negotiations meetings.
Meetings Between the Association and Management Not Otherwise
Specified in this Article
14.12 Where operational requirements permit, the Employer
will grant leave with pay to a reasonable number of employees who are meeting
with management on behalf of the Association.
14.13 Subject to operational requirements, the Employer
shall grant leave without pay to a reasonable number of employees to attend
meetings of the Association and organizations to which the Association is
affiliated.
Representatives' Training Courses
14.14 Where operational requirements permit, the Employer
will grant leave without pay to employees who exercise the authority of a
representative on behalf of the Association to undertake training related to the
duties of a representative.
Employment Relations Meetings, Inquiries or Seminars
14.15 Where operational requirements permit and when the
subject matter is related to the terms and conditions of employment of the
employees in the bargaining unit, an employee may be granted leave without pay
by the Employer to appear at public meetings, inquiries or seminars on behalf of
the Association provided the employee can prove that his or her attendance has
been sanctioned by the Association.
Leave for election or appointment to Association position
14.16 The Employer will grant leave of absence without pay
to an employee who is elected or appointed to a full-time position of the
Association within one month after notice is given to the Employer of such
election or appointment by the Association. The duration of such leave shall be
for the period the employee holds such office.
15.01 The PSSRA provides penalties for engaging in
illegal strikes. Disciplinary action may also be taken, which will include
penalties up to and including discharge, for participation in an illegal strike
as defined in the PSSRA.
16.01 There shall be no discrimination, interference,
restriction, coercion, harassment, intimidation, or any disciplinary action
exercised or practiced with respect to an employee by reason of age, race,
creed, colour, national origin, religious affiliation, sex, sexual orientation,
family status, mental or physical disability, membership or activity in the
union, marital status or a conviction for which a pardon has been granted.
16.02
(a) Any level in the grievance procedure shall be waived if a person hearing
the grievance is the subject of the complaint.
(b) If by reason of 16.02(a) a level in the grievance procedure is waived, no
other level shall be waived except by mutual agreement.
16.03 By mutual agreement, the parties may use a mediator in
an attempt to settle a grievance dealing with discrimination. The selection of
the mediator will be by mutual agreement.
17.01 The Association and the Employer recognize the right
of employees to work in an environment free from sexual harassment and agree
that sexual harassment will not be tolerated in the work place.
17.02
(a) Any level in the grievance procedure shall be waived if a person hearing
the grievance is the subject of the complaint.
(b) If by reason of 17.02(a) a level in the grievance procedure is waived, no
other level shall be waived except by mutual agreement.
17.03 By mutual agreement, the parties may use a mediator in
an attempt to settle a grievance dealing with sexual harassment. The selection
of the mediator will be by mutual agreement.
18.01 Nothing in this Agreement shall be construed to impair
in any manner whatsoever the authority of the Master.
18.02 The Master may, whenever he or she deems it advisable,
require any employee to participate in lifeboat or other emergency drills
without the payment of overtime.
18.03 Any work necessary for the safety of the vessel,
passengers, crew or cargo shall be performed by all employees at any time on
immediate call and, notwithstanding any provisions of this Agreement which might
be construed to the contrary, in no event shall overtime be paid for work
performed in connection with such emergency duties of which the Master shall be
the sole judge.
18.04 When an employee suffers loss of clothing or personal
effects (those which can reasonably be expected to accompany the employee aboard
the ship) because of marine disaster or shipwreck, the employee shall be
reimbursed the value of those articles up to a maximum of one thousand ($1,000)
dollars based on replacement cost.
18.05
(a) An employee shall submit to the Employer a full inventory of his or her
personal effects and shall be responsible for maintaining it in a current state.
(b) An employee or the employee's estate making a claim under this Article
shall submit to the Employer reasonable proof of such loss, and shall submit an
affidavit listing the individual items and values claimed.
19.01 An employee is entitled, once in each fiscal year, to
be informed upon request, of the balance of his or her vacation and sick leave
credits.
19.02
**
(a) When an employee becomes subject to this Agreement, his or her earned
daily leave credits shall be converted into hours, with one day being equal to
seven and one-half (7 1/2) 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 day being equal to seven and one-half
(7 1/2) hours.
**
(b) Earned leave credits or other leave entitlements shall be equal to seven
and one-half (7 1/2) hours per day.
(c) When leave is granted, it will be granted on an hourly basis and the
number of hours debited for each day of leave shall be equal to the number of
hours of work scheduled for the employee for the day in question.
(d) Notwithstanding the above, in clause 21.02, Bereavement Leave with
Pay, a "day" will mean a calendar day.
(e) 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.
19.03 An employee shall not be granted
two (2) different types of leave with pay at the same time.
19.04 An employee is not entitled to leave with pay during
any period which the employee is on leave without pay, on education leave or
under suspension.
**
19.05 In the event of termination of employment for reasons
other than incapacity, death or lay-off, the Employer shall recover from any
monies owed the employee an amount equivalent to unearned vacation and sick
leave taken by the employee, as calculated from the classification prescribed in
the employee's certificate of appointment on the date of the termination of the
employee's employment.
**
19.06When the employment of an employee who has been granted
more sick or vacation leave with pay than he or she has earned is terminated by
lay-off, the employee is considered to have earned the amount of leave with pay
granted to him or her if at the time of lay-off, he or she has completed
two (2) or more years of continuous employment.
19.07 An employee shall not earn leave credits under this
collective agreement in any month for which leave has already been credited to
him or her under the terms of any other collective agreement to which the
Employer is a party or under other rules or regulations of the Employer.
**
19.08 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 "service" for the purpose of calculating vacation leave;
(b) leave without pay for periods in excess of three (3) months shall not be
counted for pay increment purposes.
20.01 Subject to clause 20.02, the following days shall
be designated paid holidays for employees:
(a) New Year's Day
Good Friday
Easter Monday
the day fixed by proclamation of the Governor in Council for celebration of
the Sovereign's Birthday
Canada Day
Labour Day
the day fixed by proclamation of the Governor in Council as a general day of
Thanksgiving
Remembrance Day
Christmas Day
Boxing Day,
(b) one additional day in each year that, in the opinion of the Employer, is
recognized to be a territorial, 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 additional day is recognized as a provincial or civic holiday, the first
Monday in August,
(c) one additional day when proclaimed by an Act of Parliament as a national
holiday.
20.02 An employee absent without pay on both his or her full
working day immediately preceding and his or her full working day immediately
following a designated 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 14, Leave For Association Business.
20.03 When a day designated as a paid holiday under
clause 20.01 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.
20.04 When a day designated as a paid holiday for an
employee is moved to another day under the provisions of clause 20.03:
(a) work performed by an employee on the day from which the holiday was moved
shall be considered as worked 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.
**
20.05
(a) When an employee works on a holiday, he or she shall be paid time and
one-half (1 1/2) for all hours worked up to the regular daily scheduled hours of
work as specified by this Agreement, and double (2) time thereafter,
in addition to the pay that the employee would have been granted had he or she
not worked on the holiday.
(b) Notwithstanding sub-clause (a), when an employee works on a holiday
following a day of rest on which the employee also worked and received overtime
in accordance with paragraph 28.11 of this Agreement, 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 his or her hourly
rate of pay for all time worked.
20.06 When an employee is required to report for work and
reports on a designated holiday, the employee shall be paid the greater of:
(a) compensation in accordance with the provisions of clause 20.05;
or
(b) compensation equivalent to three (3) hours pay at the
applicable overtime rate of pay.
20.07 Other than when required by the Employer to use a
vehicle of the Employer for transportation to a work location other than the
employee's normal place of work, time spent by the employee reporting to work or
returning to his or her residence shall not constitute time worked.
20.08 Where a day that is a designated holiday for an
employee coincides with a day of leave with pay, that day shall count as a
holiday and not as a day of leave.
20.09 Where operational requirements permit, the Employer
shall not schedule an employee to work both December 25 and January 1
in the same holiday season.
**
20.10 Payments referred to in clause 20.05 shall be
compensated in cash except where, upon request of an employee and with the
approval of the Employer, they may be compensated in equivalent leave with pay
to be administered in accordance with clause 28.14(b) of this Agreement.
21.01 Marriage Leave With Pay
(a) After the completion of one (1) year's continuous employment in
the Public Service, and providing an employee gives the Employer at least
five (5) days' notice, the employee shall be granted
five (5) days' marriage leave with pay for the purpose of getting
married.
(b) For an employee with less than two (2) years of continuous
employment, in the event of termination of employment for reasons other than
death or lay-off within six (6) months after the granting of marriage
leave, an amount equal to the amount paid the employee during the period of
leave will be recovered by the Employer from any monies owed the employee.
21.02 Bereavement Leave With Pay
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), stepchild or ward of the employee,
grand-parent, grandchild, father-in-law, mother-in-law, and relative permanently
residing in the employee's household or with whom the employee permanently
resides.
(a) 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
the 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.
(b) An employee is entitled to one (1) day's bereavement leave with
pay for the purpose related to the death of his or her son-in-law,
daughter-in-law, brother-in-law or sister-in-law.
(c) If, during a period of vacation leave, sick leave or compensatory leave,
an employee is bereaved in circumstances under which he or she would have been
eligible for bereavement leave with pay under paragraph (a) or (b) of this
clause, the employee shall be granted bereavement leave with pay and his or her
vacation leave, sick leave or compensatory leave credits shall be restored to
the extent of any concurrent bereavement leave with pay granted.
(d) 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 deputy head of a department may, after considering the particular
circumstances involved, grant leave with pay for a period greater or in a manner
other than that provided for in paragraphs 21.02(a) and (b).
21.03 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 paragraph (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 paragraph (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 paragraph (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 Article 22,
Sick Leave With Pay. For purposes of this subparagraph, the terms
"illness" or "injury" used in Article 22, Sick Leave
With Pay, 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 "service" for the purpose of calculating vacation leave. Time
spent on such leave shall be counted for pay increment purposes.
21.04 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 paragraph (c) to (i),
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)
|
|
|
[ total period to be
worked as specified in (B)] |
however, an employee whose specified period of employment expired and who
is rehired in any portion of the Public Service of Canada specified in
Part I of Schedule I of the Public Service Staff Relations Act
within a period of five 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
subparagraph 21.04(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 paragraph (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 paragraph (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 subparagraph (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 paragraph (f) shall be the
rate to which the employee is entitled for her substantive level to which she is
appointed.
(h) Notwithstanding paragraph (g), and subject to
subparagraph (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.
21.05 Special Maternity Allowance for Totally
Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in
subparagraph 21.04(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 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
paragraph 21.04(a), other than those specified in sections (A) and
(B) of subparagraph 21.04(a)(iii),
shall be paid, in respect of each week of maternity allowance not received
for the reason described in subparagraph (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 21.04 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 subparagraph (a)(i).
21.06 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.
Arbitral Award effective October 14, 2004
(ii) Notwithstanding the above, at the option of the employee, the parental
leave can be taken in two (2) periods of consecutive weeks, to a maximum of
thirty-seven (37) weeks.
**
(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 (52) week period
beginning on the day on which the child comes into the employee's care.
Arbitral Award effective October 14, 2004
(ii) Notwithstanding the above, at the option of the employee, the parental
leave can be taken in two (2) periods of consecutive weeks, to a maximum of
thirty-seven (37) weeks.
**
(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 expected
date of the leave.
(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 paragraph, Public Service means any portion of
the Public Service of Canada specified in Part I of Schedule I of the Public
Service Staff Relations Act.
(g) Leave granted under this clause shall count for the calculation of
"continuous employment" for the purpose of calculating severance pay
and "service" for the purpose of calculating vacation leave. Time
spent on such leave shall count for pay increment purposes.
21.07 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 paragraphs (c) to (i),
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 21.04(a)(iii)(B), if applicable;
**
(C) should he or she fail to return to work in accordance with 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)
|
X |
(remaining period to be worked following
his/her return to work)
|
|
|
[ total period to be
worked as specified in (B)] |
however, an employee whose specified period of employment expired and who is
rehired in any portion of the Public Service of Canada specified in Part I
of Schedule I of the Public Service Staff Relations Act within a
period of five 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
subparagraph 21.07(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 paragraph (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 paragraph (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 subparagraph (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 paragraph (f) shall be the
rate to which the employee is entitled for the substantive level to which she or
he is appointed.
(h) Notwithstanding paragraph (g), and subject to
subparagraph (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.
21.08 Special Parental Allowance for Totally
Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in
subparagraph 21.07(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
paragraph 21.07(a), other than those specified in sections (A) and
(B) of subparagraph 21.07(a)(iii),
shall be paid, in respect of each week of benefits under the parental
allowance not received for the reason described in subparagraph (i), the
difference between ninety-three per cent (93%) of the employee's rate of
pay and the gross amount of his 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 21.07 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 subparagraph (a)(i).
Transitional provisions for 21.09
This clause is applicable to employees who have been and have proceeded on
leave on or after the date of signature of this agreement.
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
(clause 21.09) or on Leave Without Pay for the Long-Term Care of a Parent
(clause 21.16) under the terms of the agreement expired on
21 June 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.
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 Care and
Nurturing of Pre-School Age Children or on Leave Without Pay for the Long-Term
Care of a Parent 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.
All leave granted under Leave Without Pay for the Care and Nurturing of
Pre-School Age Children or under Leave Without Pay for the Long-Term Care of a
Parent under the terms of 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.
21.09 Leave Without Pay for the Care of
Immediate Family
Subject to operational requirements, an employee shall be granted leave
without pay for the care of immediate family in accordance with the following
conditions:
(a) For the purpose of this clause, family is defined as spouse (or
common-law partner resident with the employee), children (including foster
children or children of spouse or common-law partner) parents (including
stepparents or foster parent) or any relative permanently residing in the
employee's household or with whom the employee permanently resides.
**
(b) Subject to paragraph (a), up to five (5) years leave without pay during
an employee's total period of employment in the Public Service may be granted
for the personal long-term care of the employee's family or for the care of a
dying family member. Leave granted under this paragraph shall be for a minimum
period of three (3) weeks.
(c) 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.
**
(d) At the request of an employee and with the approval of the Employer, an
employee who has proceeded on leave without pay may change his or her return to
work date.
21.10 Leave Without Pay for Personal Needs
Leave without pay will be granted for personal needs in the following manner:
(a) Subject to operational requirements, leave without pay for a period of up
to three (3) months will be granted to an employee for personal needs.
Leave granted under this clause shall be counted for the calculation of
continuous employment for the purpose of calculating severance pay and service
for the purpose of calculating vacation leave. Time spent on such leave shall be
counted for pay increment purposes.
(b) Subject to operational requirements, leave without pay for more than
three (3) months but not exceeding one (1) year will be
granted to an employee for personal needs.
**
(c) An employee is entitled to leave without pay for personal needs twice
under each of sub-clause (a) and (b) during the employee's total period of
employment in the Public Service. The second period of leave under each
sub-clause can be granted provided that the employee has remained in the Public
Service for a period of ten (10) years subsequent to the expiration of the first
period of leave under the relevant sub-clause.
**
(d) Leave without pay granted under this clause may not be used in
combination with maternity or parental leave without the consent of the
Employer.
21.11 Leave Without Pay for Relocation of
Spouse
(a) At the request of an employee, leave without pay for a period of up to
one (1) year shall be granted to an employee whose spouse is
permanently relocated and up to five (5) years to an employee whose
spouse is temporarily relocated.
(b) Leave without pay granted under this clause shall be deducted from the
calculation of continuous employment for the purpose of calculating severance
pay and service for the purpose of calculating vacation leave for the employee
involved, except where the period of such leave is less than
three (3) months. Time spent on such leave which is for a period of
more than three (3) months shall not be counted for pay increment
purposes.
**
21.12 Leave With Pay for Family-Related
Responsibilities
(a) For the purpose of this clause, family is defined as spouse (or
common-law partner resident with the employee), children (including foster
children and children of spouse or common-law partner), parents (including
step-parents or foster parents), parents of spouse or common law partner,
grandparents, 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) 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;
(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
care 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) for needs directly related to the birth or to the adoption of the
employee's child.
(c) The total leave with pay which may be granted under
sub-paragraphs (b)(i), (ii), (iii) and (iv) shall not exceed thirty-seven
decimal five (37.5) hours in a fiscal year.
21.13 Court Attendance Leave
Leave with pay shall be granted to every employee, who is required:
(a) to serve on a jury or to be available for jury selection;
and
(b) 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
the employee's 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,
and
(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.
**
21.14 Injury-on-Duty Leave
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.
21.15 Personnel Selection Leave
Where an employee participates in a personnel selection process, including
the appeal process where applicable, for a position in the Public Service, as
defined in the PSSRA, 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. This clause applies equally in respect of the personnel
selection processes related to deployment.
**
21.16 Volunteer Leave
(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.
**
21.17 Personal Leave With Pay
(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.
21.18 Leave With or Without Pay for Other
Reasons
At its discretion, the Employer may grant:
(a) leave with pay when circumstances not directly attributable to the
employee prevent his or her reporting for duty. Such leave shall not be
unreasonably withheld;
(b) leave with or without pay for purposes other than those specified in this
Agreement.
Credits
**
22.01 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.
Granting of Sick Leave
22.02 An employee shall be granted 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 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.
22.03 Unless otherwise informed by the Employer, a statement
signed by the employee stating that because of illness or injury he or she was
unable to perform his or her duties, shall, when delivered to the Employer, be
considered as meeting the requirements of clause 22.02(a).
**
22.04 When an employee has insufficient or no credits to
cover the granting of sick leave with pay under the provisions of
clause 22.02, 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.
22.05 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.
22.06 Where, in respect of any period of compensatory leave,
an employee is granted sick leave with pay on production of a medical
certificate, the period of compensatory leave so displaced shall either be added
to the compensatory leave period if requested by the employee and approved by
the Employer or reinstated for use at a later date.
22.07 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 layoff and who is
reappointed in the Public Service within two (2) years from the date
of layoff.
22.08 The Employer agrees that an employee recommended for
termination for cause pursuant to Section 11(2)(g) of the Financial
Administration Act for reasons of incapacity by reason of ill-health shall
not be released at a date earlier than the date at which the employee will have
utilized his or her accumulated sick leave credits.
23.01 Education Leave
(a) 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 additional or special studies in some
field of education in which special preparation is needed to enable the employee
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.
(b) An employee on education leave under this clause shall receive allowances
in lieu of salary equivalent of up to one hundred per cent (100%)
of the employee's basic salary provided that 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.
(c) Any allowance already being received by the employee and not part of the
employee's basic salary shall not be used in the calculation of the education
leave allowance.
(d) Allowances already being received by the employee may at the discretion
of the Employer be continued during the period of the education leave and the
employee shall be notified when the leave is approved whether such allowances
are to be continued in whole or in part.
(e) As a condition to the granting of education leave, 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,
(i) fails to complete the course,
(ii) does not resume employment with the Employer on completion of the
course,
or
(iii) ceases to be employed before termination of the period the employee
has undertaken to serve after completion of the course,
he or she shall repay the Employer all allowances paid to him or her under
this clause during the education leave or such lesser sum as shall be determined
by the Employer.
23.02 Attendance at Conferences and Conventions
**
(a) The parties to this Agreement recognize that the attendance or
participation at conferences, conventions, symposia, workshops and other
gatherings of a similar nature contributes to the maintenance of high
professional standards.
(b) An employee shall have the opportunity, subject to operational
requirements, to attend a reasonable number of conferences or conventions
related to the employee's field of specialization in order to benefit from an
exchange of knowledge and experience with the employee's professional
colleagues. The Employer may grant leave with pay and reasonable expenses,
including registration fees, to attend such gatherings, subject to budgetary
constraints as determined by the Employer.
**
(c) An employee who attends a conference or convention at the request of the
Employer to represent the interests of the Employer shall be deemed to be on
duty and, as required, in travel status. The Employer shall pay the registration
fees of the conference or convention that the employee is required to attend.
(d) An employee invited to participate in a conference or convention in an
official capacity such as to present a formal address or to give a course
related to the employee's field of employment, may be granted leave with pay for
this purpose and may, in addition, be reimbursed for his or her payment of
registration fees and reasonable travel expenses.
(e) An employee shall not be entitled to any compensation under
Article 28, Hours of Work and Overtime, in respect of hours the employee is
in attendance at a conference or convention under the provisions of this clause.
(f) Compensation shall not be paid under Article 30, Travelling Time, in
respect of hours travelling to or from a conference or convention under the
provisions of this clause, unless the employee is required to attend by the
Employer.
23.03 Professional Development
**
(a) Because the parties to this Agreement share a desire to improve
professional standards, employees may be given the opportunity on occasion
subject to operational and budgetary constraints:
(i) to participate in seminars, workshops, courses or similar out-service
programs to keep up to date with knowledge and skills in their respective
fields,
(ii) to conduct research or to perform work related to their normal
research programs in institutions or locations other than those of the
Employer,
or
(iii) to carry out research in the employee's field of specialization not
specifically related to the employee's assigned work projects when in the
opinion of the Employer such research is needed to enable the employee to fill
his or her present role more adequately.
(b) An employee may apply at any time for professional development under this
clause, and the Employer may select an employee at any time for such
professional development.
(c) When an employee is selected by the Employer for professional development
under this clause the Employer will consult with the employee before determining
the location and duration of the program of work or studies to be undertaken.
(d) An employee selected for professional development under this clause will
continue to receive his or her normal compensation including any increase for
which the employee may become eligible. The employee shall not be entitled to
any compensation under Articles 28, Hours of Work and Overtime, and 30,
Travelling Time, while on professional development under this clause.
(e) An employee on professional development under this clause may be
reimbursed for reasonable travel expenses and such other additional expenses as
the Employer deems appropriate.
(f) The Employer will ensure the availability for office use of such
professional publications as are related to the employees' fields of
specialization.
**
23.04 Consultation
The parties to this Agreement acknowledge the mutual benefits to be derived
from consultation on Career Development, and agree to consult on this issue at
the departmental and local union level, subject to the provisions of
Article 38, Joint Consultation.
23.05 Examination Leave
Leave with pay to write examinations may be granted by the Employer to an
employee who is not on educational leave. Such leave will be granted only where,
in the opinion of the Employer, the course of study is directly related to the
employee's duties or will improve the employee's qualifications.
24.01 The vacation year shall be from April 1st
to March 31st of the following calendar year, inclusive.
Accumulation of Vacation Leave Credits
24.02 An employee shall earn vacation leave credits at the
following rate for each calendar month during which the employee receives pay
for at least ten (10) days:
(a) nine decimal three seven five (9.375) hours at the employee's
straight-time hourly rate until the month in which the anniversary of the
employee's eighth (8th) year of service occurs; (fifteen (15) days per
year)
(b) twelve decimal five (12.5) hours at the employee's straight-time
hourly rate commencing with the month in which the anniversary of the employee's
eighth (8th) year of service occurs; (twenty (20) days per year)
(c) thirteen decimal seven five (13.75) hours at the employee's
straight-time hourly rate commencing with the month in which the anniversary of
the employee's sixteenth (16th) year of service occurs; (twenty-two
(22) days per year)
(d) fourteen decimal three seven five (14.375) hours at the employee's
straight-time hourly rate commencing with the month in which the anniversary of
the employee's seventeenth (17th) year of service occurs;
(twenty-three (23) days per year)
(e) fifteen decimal six two five (15.625) hours at the employee's
straight-time hourly rate commencing with the month in which the anniversary of
the employee's eighteen (18th) year of service occurs; (twenty-five
(25) days per year)
(f) sixteen decimal eight seven five (16.875) hours at the employee's
straight-time hourly rate commencing with the month in which the anniversary of
the employee's twenty-seventh (27th) year of service occurs;
(twenty-seven (27) days per year)
Arbitral Award effective October 14, 2004
**
(g) eighteen decimal seven five (18.75) hours at the employee's
straight-time hourly rate commencing with the month in which the anniversary of
the employee's twenty-eighth (28th) year of service occurs; (thirty
(30) days per year)
(h) leave will be scheduled on an hourly basis with the hours debited for
each day of vacation leave being the same as the hours the employee would have
been scheduled to work on that day or portion thereof;
(i) for the purpose of clause 24.02 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 year following the date of lay-off;
(j) Notwithstanding (i) above, an employee who was a member of the SI
bargaining unit on (the date of signing of the collective agreement -
May 17, or 18, or 19, 1989) or an employee who became a member of the SI
bargaining unit between (the date of signing of the collective agreement -
May 17, or 18, or 19, 1989) and May 31, 1990 shall retain, for the
purpose of "service" and of establishing his or her vacation
entitlement pursuant to this Article, those periods of former service which had
previously qualified for counting as continuous employment, until such time as
his or her employment in the Public Service is terminated.
Entitlement to Vacation Leave With Pay
24.03 An employee is entitled to vacation leave with pay to
the extent of the employee's earned credits. An employee who has completed
six (6) months of continuous employment may receive an advance of
credits equivalent to the anticipated credits for the vacation year.
Scheduling of Vacation Leave With Pay
24.04 The Employer reserves the right to schedule an
employee's vacation leave but shall make reasonable effort:
(a) to grant an employee's vacation leave in an amount and at such time as
the employee may request;
(b) to ensure that approval of an employee's request for vacation leave is
not unreasonably denied;
(c) to schedule vacation leave on an equitable basis and when there is no
conflict with the interests of the Employer or the other employees, according to
the wishes of the employee.
24.05 The Employer shall give an employee as much notice as
is practicable and reasonable of approval, denial or cancellation of a request
for vacation or furlough leave. In the case of denial, alteration or
cancellation of such leave, the Employer shall give the written reason thereof,
upon written request from the employee.
24.06 Where in respect of any period of vacation leave, an
employee is granted:
(a) bereavement leave with pay,
or
(b) 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 of Vacation Leave
24.07
(a) Employees with leave credits in excess of two hundred and sixty-two
decimal five (262.5) hours either on 31 March 2000 or upon
becoming a member of the bargaining unit.
(i) An employee who as of 31 March 2000, had accumulated annual leave in
excess of two hundred and sixty-two decimal five (262.5) hours, shall
liquidate the excess annual leave at a rate of twenty per cent (20%) in
each subsequent vacation year, until all leave in excess of two hundred and
sixty-two decimal five (262.5) hours has been eliminated.
(ii) In the case of an individual who became or becomes a member of the
bargaining unit after 31 March 2000, and who has, at the end of the
vacation year during which he or she became a member, accumulated annual leave
in excess of two hundred and sixty-two decimal five (262.5) hours, he or
she shall liquidate the excess annual leave at a rate of twenty per
cent (20%) in each subsequent vacation year, until all leave in excess of
two hundred and sixty-two decimal five (262.5) hours has been eliminated.
(iii) In calculating the amount to be liquidated under (i) or (ii), should
the calculation result in a fraction of an hour, that number shall be rounded
to the nearest half-hour.
(iv) An employee subject to (i) or (ii) who has not, at the end of the
vacation year, used the excess annual vacation leave required to be liquidated
shall 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, for
that portion of the twenty per cent (20%) of excess annual leave
which was not used.
(v) An employee liquidating leave under (i) or (ii), shall use before the
end of the vacation year, all vacation leave earned within a vacation year, or
it 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.
**
(vi) An employee liquidating leave under (i) or (ii) shall carry over into
the following vacation year earned but unused vacation leave credits up to a
maximum of two hundred and sixty-two decimal five (262.5) hours plus
the portion of excess annual leave that was not required to be liquidated
under (i) or (ii).
(b) Employees with leave credits not in excess of two hundred and sixty-two
decimal five (262.5) hours either on 31 March 2000 or upon becoming a
member of the bargaining unit.
An employee who has earned vacation leave credits which have not been used,
shall carry over into the following vacation year earned but unused vacation
leave credits up to a maximum of two hundred and sixty-two decimal
five (262.5) hours. All vacation leave credits in excess of two hundred and
sixty-two decimal five hours (262.5) shall 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.
**
(c) Notwithstanding the maximum allowable carryover specified under
24.07(a)(vi) or 24.07(b), where the Employer cancels a period of vacation leave
which had been approved in writing or electronically, and which cannot be
scheduled before the end of the vacation year, the cancelled leave may, at the
request of the employee, be carried over and used in the next
vacation year.
(d) Cashing leave credits during the vacation year
During any vacation year, upon application by the employee and at the
discretion of the Employer, earned but unused vacation leave credits shall 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 With Pay
24.08
(a) The Employer will make every reasonable effort not to recall an employee
to duty after the employee has proceeded on vacation leave with pay.
(b) Where, during any period of vacation leave or furlough leave with pay, an
employee is recalled to duty, the employee shall be reimbursed for reasonable
expenses, as normally defined by the Employer, that the employee incurs:
(i) in proceeding to the employee's place of duty,
and
(ii) 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.
(c) The employee shall not be considered as being on vacation leave during
any period in respect of which the employee is entitled under
clause 24.08(b) to be reimbursed for reasonable expenses incurred by the
employee.
Leave When Employment Terminates
24.09 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 hours of earned but unused
vacation and furlough leave with pay to the employee's credit by the hourly rate
of pay as calculated from the classification prescribed in the employee's
certificate of appointment on the date of the termination of the employee's
employment, except that the Employer shall grant the employee any vacation and
furlough leave earned but not used by the employee before the employment is
terminated by lay-off if the employee so requests because of a requirement to
meet minimum continuous employment requirements for severance pay.
24.10 Notwithstanding clause 24.09, an employee whose
employment is terminated by reason of a declaration that the employee abandoned
his or her position is entitled to receive the payment referred to in
clause 24.09, if the employee requests it within six (6) months
following the date upon which his or her employment is terminated.
Advance Payments
24.11 The Employer agrees to issue advance payments of
estimated net salary for vacation periods of two (2) or more complete
weeks, provided a written request for such advance payment is received from the
employee at least six (6) weeks prior to the last pay day before the
employee's vacation period commences.
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 entitlements and shall be recovered in
full prior to any further payment of salary.
Cancellation of Vacation Leave
24.12 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 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 to the Employer.
**
24.13 Upon request of the employee, the Employer shall grant
the employee his or her 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.
Appointment to a Separate Employer
24.14 Notwithstanding clause 24.09 an employee who
resigns to accept an appointment with an organization listed in Part II of
Schedule I of the PSSRA may choose not to be paid for unused
vacation and furlough leave credits, provided that the appointing organization
will accept such credits.
**
Appointment from a Separate Employer
24.15 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 Part II of Schedule I of the Public Service Staff Relations Act
in order to take a position with the Employer if the employee has chosen to have
these credits transferred, provided that the transferring organization is in
agreement.
25.01 Under the following circumstances and subject to
clause 25.02, an employee shall receive severance benefits calculated on
the basis of the employee's weekly rate of pay:
(a) Lay-off
(i) On the first lay-off two (2) weeks' pay for the first
complete year of continuous employment and one (1) week's pay for
each additional complete year of continuous employment and, in the case of a
partial year of continuous employment, one (1) week's pay multiplied
by the number of days of continuous employment divided by three hundred and
sixty-five (365).
(ii) On second or subsequent lay-off one (1) week's pay for each
complete year of continuous employment and, in the case of a partial year of
continuous employment, one (1) week's pay multiplied by the number
of days of continuous employment divided by three hundred and
sixty-five (365), less any period in respect of which the employee was
granted severance pay under sub-clause 25.01(a)(i) above.
(b) Resignation
On resignation, subject to sub-clause 25.01(d) and with ten (10) or
more years of continuous employment, one-half (1/2) week's pay for each
complete year of continuous employment up to a maximum of
twenty-six (26) years with a maximum benefit of
thirteen (13) weeks' pay.
(c) Rejection on Probation
On rejection on probation, when an employee has completed more than
one (1) year of continuous employment and ceases to be employed by
reason of rejection during a probationary period, one (1) week's pay
for each complete year of continuous employment.
(d) Retirement
(i) On retirement, when an employee is entitled to an immediate annuity
under the Public Service Superannuation Act or when the employee is
entitled to an immediate annual allowance, under the Public Service
Superannuation Act,
or
(ii) a part-time employee, who regularly works more than thirteen and
one-half (13 1/2) but less than thirty (30) hours a week, and
who, if he or she were a contributor under the Public Service
Superannuation Act, would be entitled to an immediate annuity thereunder,
or who would have been entitled to an immediate annual allowance if he or she
were a contributor under the Public Service Superannuation Act,
a severance payment in respect of the employee's complete period of
continuous employment, comprised of one (1) week's pay for each
complete year of continuous employment and, in the case of a partial year of
continuous employment, one (1) week's pay multiplied by the number of
days of continuous employment divided by three hundred and
sixty-five (365), to a maximum of thirty (30) weeks' pay.
(e) Death
If an employee dies, there shall be paid to the employee's estate a severance
payment in respect of the employee's complete period of continuous employment,
comprised of one (1) week's pay for each complete year of continuous
employment and, in the case of a partial year of continuous employment,
one (1) week's pay multiplied by the number of days of continuous
employment divided by three hundred and sixty-five (365), to a maximum of
thirty (30) weeks' pay, regardless of any other benefit payable.
(f) Termination for Cause for Reasons of Incapacity or Incompetence
(i) When an employee has completed more than one (1) year of
continuous employment and ceases to be employed by reason of termination for
cause for reasons of incapacity pursuant to Section 11(2)(g) of the Financial
Administration Act, one week's pay for each complete year of continuous
employment with a maximum benefit of twenty-eight (28) weeks.
(ii) When an employee has completed more than ten (10) years of
continuous employment and ceases to be employed by reason of termination for
cause of reasons of incompetence pursuant to Section 11(2)(g) of the Financial
Administration Act, one week's pay for each complete year of continuous
employment with a maximum benefit of twenty-eight (28) weeks.
25.02 The period of continuous employment used in the
calculation of severance benefits payable to an employee under this Article
shall be reduced by any period of continuous employment in respect of which the
employee was already granted any type of termination benefit. Under no
circumstances shall the maximum severance pay provided under clause 25.01
be pyramided.
25.03
(a) The weekly rate of pay referred to in the above clauses shall be the
weekly rate of pay to which the employee is entitled for the classification
prescribed in the employee's certificate of appointment pertaining to the
position held by the employee on a substantive basis immediately prior to the
termination of the employee's employment.
(b) Notwithstanding paragraph 25.03(a), where an employee has been in an
acting position for more than 1 (one) years at the time of severance,
the rate of pay used to determine the employee's severance pay is the employee's
acting rate of pay.
Appointment to a Separate Employer Organization
25.04 Notwithstanding 25.01(b), an employee who resigns to
accept an appointment with an organization listed in Part II of
Schedule I of the PSSRA may choose not to be paid severance pay
provided that the appointing organization will accept the employee's Part I
service for its severance pay entitlement.
26.01 Where the Employer determines that due to the nature
of work there is a clear cut need, wash-up time up to a maximum of
ten (10) minutes will be permitted before the end of the working day.
27.01 Except as provided in this Article, the terms and
conditions governing the application of pay to employees are not affected by
this Agreement.
27.02 An employee is entitled to be paid for services
rendered at:
(a) the pay specified in Appendix "A" for the classification of the
position to which the employee is appointed, if the classification coincides
with that prescribed in the employee's certificate of appointment,
or
(b) the pay specified in Appendix "A" for the classification
prescribed in the employee's certificate of appointment, if that classification
and the classification of the position to which the employee is appointed do not
coincide.
**
27.03
(a) The rates of pay set forth in Appendix "A" shall become
effective on the dates specified.
(b) Where the rates of pay set forth in Appendix "A" have an
effective date prior to the date of signing of this Agreement, the following
shall apply:
(i) "retroactive period" for the purpose of subparagraphs (ii) to
(v) means the period from the effective date of the revision up to and
including the day before the collective agreement is signed or when an
arbitral award is rendered therefor;
(ii) a retroactive upward revision in rates of pay shall apply to
employees, former employees or in the case of death, the estates of former
employees who were employees in the bargaining unit during the retroactive
period;
(iii) for initial appointments made during the retroactive period, the rate
of pay selected in the revised rates of pay is the rate which is shown
immediately below the rate of pay being received prior to the revision;
(iv) for promotions, demotions, deployments, transfers or acting situations
effective during the retroactive period, the rate of pay shall be
recalculated, in accordance with the Public Service Terms and Conditions of
Employment Regulations, using the revised rates of pay. If the recalculated
rate of pay is less than the rate of pay the employee was previously
receiving, the revised rate of pay shall be the rate, which is nearest to, but
not less than the rate of pay being received prior to the revision. However,
where the recalculated rate is at a lower step in the range, the new rate
shall be the rate of pay shown immediately below the rate of pay being
received prior to the revision;
(v) no payment nor notification shall be made pursuant to
clause 27.03(b) for one dollar ($1.00) or less.
27.04 Where a pay increment and a pay revision are effected
on the same date, the pay increment shall be applied first and the resulting
rate shall be revised in accordance with the pay revision.
27.05 Holding Rates of Pay
An employee who, in accordance with the Regulations Respecting Pay on
Reclassification or Conversion, is being paid at a holding rate of pay on
the effective date of an economic increase and continues to be paid at that rate
on the date immediately prior to the effective date of a further economic
increase, shall receive a lump-sum payment equal to one hundred
per cent (100%) of the economic increase for the employee's former
group and level calculated on his final rate of pay.
27.06 Rate of Pay on Reclassification of Duties and Responsibilities to a
Level With a Lower Maximum Rate
Where an employee's duties and responsibilities are reclassified to a level
with a lower maximum rate of pay than the level at which the employee is being
paid, the following shall apply:
(a) Prior to a position being reclassified to a group and/or level having a
lower attainable maximum rate of pay, the incumbent shall be notified in
writing.
(b) Downward reclassification notwithstanding, an encumbered position shall
be deemed to have retained for all purposes the former group and level. In
respect to the pay of the incumbent, this may be cited as Salary Protection
Status and subject to Section (c)(ii) below shall apply until the position
is vacated or the attainable maximum of the reclassified level, as revised from
time to time, becomes greater than that applicable, as revised from time to
time, to the former classification level.
(c)
(i) The Employer will make a reasonable effort to transfer the incumbent to
a position having a level equivalent to that of the former group and/or level
of the position.
(ii) In the event that an incumbent declines an offer of transfer to a
position as in (i) above in the same geographic area, without good and
sufficient reason, that incumbent shall be immediately paid at the rate of pay
for the reclassified position.
27.07 If, during the term of this Agreement, a new
classification standard for a group is established and implemented by the
Employer, the Employer shall, before applying rates of pay to new levels
resulting from the application of the standard, negotiate with the Association
the rates of pay and the rules affecting the pay of employees on their movement
to the new levels.
27.08
**
(a) When an employee is required by the Employer to substantially perform the
duties of a higher classification level in an acting capacity and performs those
duties for at least three (3) consecutive days or shifts, the employee
shall be paid acting pay calculated from the date on which he or she commenced
to act as if he or she had been appointed to that higher classification level
for the period in which he or she acts.
(b) When a day designated as a paid holiday occurs during the qualifying
period the holiday shall be considered as a day worked for purposes of the
qualifying period.
27.09 When the regular pay day for an employee falls on his
or her day of rest, every effort shall be made to issue his or her cheque on his
or her last working day, provided it is available at his or her regular place of
work.
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