|
Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.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 Institute, to set forth certain terms and conditions of employment relating
to remuneration, hours of work, employee benefits and general working conditions affecting employees covered by this
Agreement.
1.02 The parties to this Agreement share a desire to improve the quality of the Public Service of Canada, to
maintain professional standards and to promote the well-being and increased efficiency of its employees to the end that
the people of Canada will be well and effectively served. Accordingly, they are determined to establish within the
framework provided by law, an effective working relationship at all levels of the Public Service in which members of
the bargaining unit are employed.
2.01 For the purpose of this Agreement:
"bargaining unit" means the employees of the Employer in the group described in Article 26 - Recognition
(« unité de négociation »);
**
"common-law spouse" a common-law spouse relationship is said to exist when, for a continuous period of at
least one year, an employee has lived with a person, publicly represented that person to be his/her spouse, and lives
and intends to continue to live with that person as if that person were his/her spouse (« conjoint de fait »);
"continuous employment" has the same meaning as specified in the Public Service Terms and Conditions of
Employment Regulations on the date of signing of this agreement (« emploi continu »);
"daily rate of pay" means an employee's weekly rate of pay divided by five (5) (« taux de rémunération
journalier »);
"day of rest" in relation to an employee means a day, other than a designated paid holiday, on which that
employee is not ordinarily required to perform duties other than by reason of the employee being on leave (« jour de
repos »);
"designated paid holiday" means the twenty-four (24) hour period commencing at 00:01 hour of a day designated
as a holiday in this Agreement (« jour férié désigné payé »);
"double time" means two (2) times the employee's hourly rate of pay (« tarif double »);
"employee" means a person so defined by the Public Service Staff Relations Act and who is a member of
the bargaining unit (« employé »);
"Employer" means Her Majesty in right of Canada as represented by the Treasury Board, and includes any person
authorized to exercise the authority of the Treasury Board (« Employeur »);
"headquarters area" has the same meaning as given to the expression in the Travel Policy (« région du lieu
d'affectation »);
"hourly rate of pay" means a full-time employee's weekly rate of pay divided by thirty-seven and
one-half (37 1/2) (« taux de rémunération horaire »);
"Institute" means the Professional Institute of the Public Service of Canada (« Institut »);
"lay-off" means the termination of an employee's employment because of lack of work or because of the
discontinuance of a function (« licenciement »);
"leave" means authorized absence from duty (« congé »);
"membership dues" means the dues established pursuant to the by-laws and regulations of the Institute as the
dues payable by its members as a consequence of their membership in the Institute, and shall not include any initiation
fee, insurance premium, or special levy (« cotisations syndicales »);
"overtime" means work required by the Employer, to be performed by the employee in excess of the employee's
daily hours of work (« heures supplémentaires »);
**
"spouse" will, when required, be interpreted to include common-law spouse except, for the purposes of the
Foreign Service Directives, the definition of spouse will remain as specified in Directive 2 of the Foreign Service
Directives (« conjoint »);
"time and one-half" means one and one half (1 1/2) times the employee's hourly rate of pay (« tarif et
demi »);
"weekly rate of pay" means an employee's annual rate of pay divided by 52.176 (« taux de rémunération
hebdomadaire »).
2.02 Except as otherwise provided in this Agreement, expressions used in this Agreement,
(a) if defined in the Public Service Staff Relations Act, have the same meaning as given to them in the
Public Service Staff Relations Act,
and
(b) if defined in the Interpretation Act, but not defined in the Public Service Staff Relations Act,
have the same meaning as given to them in the Interpretation Act.
3.01 Both the English and French texts of this Agreement shall be official.
4.01 The provisions of this Agreement apply to the Institute, employees and the Employer.
4.02 In this Agreement, words importing the masculine gender shall include the feminine gender.
5.01 All the functions, rights, powers and authority which the Employer has not specifically abridged,
delegated or modified by this Agreement are recognized by the Institute as being retained by the Employer.
6.01 Nothing in this Agreement shall be construed as an abridgement or restriction of an employee's
constitutional rights or of any right expressly conferred in an Act of the Parliament of Canada.
Preamble
For the purpose of this article: "Publication" shall include, for example, scientific and professional papers,
articles, manuscripts, monographs, audio and visual products, and computer software.
7.01 The Employer agrees to continue the present practice of ensuring that employees have ready access to all
publications considered necessary to their work by the Employer.
7.02 The Employer agrees that publications prepared by an employee, within the scope of the employee's
employment, will be retained on appropriate departmental files for the normal life of such files. The Employer will not
unreasonably withhold permission for publication. At the Employer's discretion, recognition of authorship will be given
where practicable in departmental publications.
7.03 When an employee acts as a sole or joint author or editor of a publication, the authorship or editorship
shall normally be acknowledged on such publication.
7.04
(a) The Employer may suggest revisions to a publication and may withhold approval to publish.
(b) When approval for publication is withheld, the author(s) shall be so informed in writing of the reasons, if
requested by the employee.
(c) Where the Employer wishes to make changes in a publication with which the author does not agree, the employee
shall not be credited publicly if the employee so requests.
Clauses 8.01 through 8.06 shall not apply to employees on shift work. Clauses 8.07 through 8.21 shall apply only to
employees on shift work.
General
8.01 For the purpose of this Article, a week shall consist of seven (7) consecutive days beginning at
00:01 hours Monday and ending at 24:00 hours Sunday. The day is a twenty-four (24) hour period commencing at
00:01 hours.
Non Shift Work
8.02 The scheduled work week shall be thirty-seven and one-half (37 1/2) hours and the scheduled work day
shall be seven and one-half (7 1/2) consecutive hours, exclusive of a meal period, between the hours of 7:00 a.m. and
6:00 p.m. The normal work week shall be Monday to Friday inclusive.
Flexible Hours
8.03 Upon request of an employee and the concurrence of the Employer, an employee may work flexible hours on
a daily basis so long as the daily hours amount to seven and one-half (7 1/2).
Days of Rest
8.04 An employee shall be granted two (2) consecutive days of rest during each seven (7) day period unless
operational requirements do not so permit.
Monthly Attendance Registers
8.05 Employees will submit monthly attendance registers; only those hours of overtime and absences need be
specified.
Compressed Work Week
8.06 Upon request of an employee and the concurrence of the Employer, an employee may complete required hours
of work in a period of other than five (5) full days provided that over a period of twenty-eight (28) calendar days the
employee works an average of thirty-seven and one-half (37 1/2) hours per week. As part of the provisions of this
clause, attendance reporting shall be mutually agreed between the employee and the Employer. In every
twenty-eight (28) day period such an employee shall be granted days of rest on such days as are not scheduled as a
normal work day for the employee.
Notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in hours
shall not result in any additional overtime work or additional payment by reason only of such variation, nor shall it
be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the terms of this
Agreement.
Shift Work
8.07 "Shift schedule" means the arrangement of shifts over a given period of time not exceeding
two (2) consecutive months and, where practical, for a minimum period of twenty-eight (28) consecutive days.
8.08 For employees engaged in shift work, the hours of work shall average thirty-seven and
one-half (37 1/2) hours per week over the period of a shift schedule exclusive of meal periods.
8.09 An employee shall be granted at least two (2) consecutive and continuous days of rest during each
eight (8) calendar day period unless operational requirements do not permit.
8.10 In computing the hours of work within a shift schedule, leave and other entitlements will be
administered in accordance with the Memorandum of Agreement, Appendix "B".
8.11 For the purpose of this agreement, when an employee's shift does not commence and end on the same day,
such shift shall be deemed for all purposes to have been entirely worked:
(a) on the day it commenced where half (1/2) or more of the hours worked fall on that day;
or
(b) on the day it terminates where more than half (1/2) of the hours worked fall on that day.
8.12 In the scheduling of shift work the Employer shall arrange shifts so that:
(a) employees shall rotate through the various shifts in such a manner that the requirements for working night
shifts, evening shifts and weekends will be shared on an equitable basis by all employees covered by the shift
schedule, to the extent that operational requirements will permit;
(b) an employee's shift shall not be scheduled to commence within fifteen (15) hours of the completion of the
employee's previous shift;
and
(c) employees shall not be scheduled to work less than seven (7) hours nor more than nine (9) hours in any one
shift.
8.13 Every reasonable effort shall be made by the Employer to consider the wishes of the employees concerned
in the arrangement of shifts within a shift schedule. Therefore:
(a) notwithstanding the provisions of clause 8.12, upon request of at least two-thirds (2/3) of the employees
affected and with the concurrence of the Employer, shifts may be scheduled that vary from clause 8.12;
(b) notwithstanding anything to the contrary contained in this agreement, the implementation of any variation in
hours under this clause shall not result in any additional overtime work or additional payment by reason only of such
variation, nor shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the
terms of this agreement.
8.14
(a) In order to help in the consideration of the wishes of the employees concerned, a provisional shift schedule
shall be prepared by the Employer and shall be posted at least two (2) months in advance.
(b) Provisional and final shift schedules shall indicate the working hours for each shift. The final shift schedule
shall be published at least three (3) weeks prior to the commencement of the said schedule and every effort shall be
made by the Employer to ensure that scheduled days of rest are not changed. Where in the opinion of the Employer,
briefing of shifts is required, adequate paid time shall be allotted within the shift schedule.
8.15 Provided it will not result in additional costs to the Employer, employees at the same office may
exchange shifts with the prior permission of the Employer. Such permission shall not be unreasonably withheld. Once the
exchange has been approved, the work schedule will become the official shift schedule of the office.
8.16
(a) If an employee is given less than seven (7) day's advance notice of a change in the employee's shift schedule,
the employee will receive compensation at the rate of time and one half (1 1/2) for work performed on the first shift
changed. Subsequent shifts worked on the changed schedule shall be paid for at straight time and every effort shall be
made by the Employer to ensure that scheduled days of rest on the changed schedule are maintained.
(b) Notwithstanding 8.16(a),
(i) when a change in a shift schedule is required and the employee agrees it is to the employee's benefit to change
the shift schedule, the employee shall be compensated at the straight-time rate for work performed in the first shift
changed;
and
(ii) when an employee requests and the Employer agrees to change the employee's shift schedule, the employee shall
be paid at the straight-time rate for work performed on the first shift of the revised shift schedule.
8.17 A meal period shall be scheduled as close to the mid-point of the shift as possible. In the event that
an employee is required by the Employer to work through the meal period, such employee will be paid for the meal
period, at the applicable rate.
8.18 Employees will submit monthly attendance records; only absences and hours of overtime need be
specified.
Shift Premium
**
8.19 An employee working a regularly scheduled shift will receive a shift premium of one dollar and fifty
cents ($1.50) per hour for each hour worked, including overtime hours, between 1600 and 0800.
Weekend Premium
**
8.20 This clause does not apply to the MT Group.
Employees shall receive an additional weekend premium of one dollar and fifty cents ($1.50) for all scheduled hours
worked at straight-time hourly rates on Saturday and/or Sunday.
**
8.21 This clause applies to the MT Group.
(a) Subject to the conditions of this clause, where the Employer has a seven (7) day week operation with rotating
shifts on a continuing and annual basis, an employee working in such an operation shall receive a premium of one dollar
and fifty cents ($1.50) per hour for all regularly scheduled hours at straight-time rates worked on Saturday and/or
Sunday plus shift premium if applicable.
(b) An employee will be eligible to receive such a premium only if rotating shift schedules applicable to him
recurrently designate all days in the week as regular working days. However, the foregoing shall not apply in cases
where an employee requests to work on Saturday and/or Sunday under other than such a rotating shift schedule.
**
9.01 When an employee is required by the Employer to work overtime, the employee shall be compensated as
follows:
(a) on the employee's normal work day, at the rate of time and one-half (1 1/2) for the first seven and one-half (7
1/2) hours of overtime worked and at the rate of double (2) time for all hours of overtime in any contiguous period in
excess of the first seven and one-half (7 1/2) hours;
(b) on the employee's first day of rest, at the rate of time and one-half (1 1/2) for the first seven and
one-half (7 1/2) hours of overtime worked and at the double (2) time rate for each contiguous hour thereafter;
(c) on the employee's second or subsequent day of rest,
(i) at the basis of double (2) time for each hour of overtime worked. Second or subsequent day of rest means the
second or subsequent day in an unbroken series of consecutive and contiguous calendar days of rest;
(ii) notwithstanding paragraph (b) and sub-paragraph (c)(i) above, if, in an unbroken series of consecutive and
contiguous calendar days of rest, the Employer permits the employee to work the required overtime on a day of rest
requested by the employee, then the compensation shall be at time and one-half (1 1/2) for the first day worked.
9.02 This clause does not apply to MT Shift Workers:
When an employee is required to work on a designated holiday, compensation shall be granted on the basis of time and
one-half (1 1/2) for each hour worked, in addition to the compensation that the employee would have been granted had
the employee not worked on the designated holiday.
9.03 When an employee works on a holiday, contiguous to a second day of rest on which the employee also
worked and received overtime in accordance with paragraph 9.01(c), the employee shall be paid in addition to the pay
that the employee would have been granted had the employee not worked on the holiday, two (2) times the employee's
hourly rate of pay for all time worked.
9.04 All calculations for overtime shall be based on each completed period of fifteen (15) minutes.
9.05 Except in cases of emergency, call-back, stand-by or mutual agreement the Employer shall whenever
possible give at least twelve (12) hours' notice of any requirement for the performance of overtime.
**
9.06 Upon application by the employee and at the discretion of the Employer, compensation earned under this
Article may be taken in the form of compensatory leave, which will be calculated at the applicable premium rate laid
down in this Article. Compensatory leave earned in a fiscal year and outstanding on September 30 of the next following
fiscal year shall be paid at the employee's daily rate of pay on September 30.
9.07 When a payment is being made as a result of the application of this Article, the Employer will endeavour
to make such payment within six (6) weeks following the end of the pay period for which the employee requests payment,
or, if payment is required to liquidate compensatory leave outstanding at the expiry of the fiscal year, the Employer
will endeavour to make such payment within six (6) weeks of the commencement of the first pay period after September 30
of the next following fiscal year.
**
9.08
(a) An employee who works three (3) or more hours of overtime immediately before or immediately following the
employee's scheduled hours of work shall be reimbursed for one meal in the amount of nine dollars ($9.00), except where
free meals are provided. Reasonable time with pay to be determined by the Employer shall be allowed the employee in
order to take a meal either at or adjacent to the employee's place of work.
(b) When an employee works overtime continuously extending four (4) hours or more beyond the period provided in
(a) above, the employee shall be reimbursed for one additional meal in the amount of nine dollars ($9.00) except where
free meals are provided. Reasonable time with pay, to be determined by the Employer, shall be allowed the employee in
order that the employee may take a meal break either at or adjacent to the employee's place of work.
(c) Paragraphs 9.08(a) and (b) shall not apply to an employee who is in travel status which entitles the employee to
claim expenses for lodging and/or meals.
**
10.01 If an employee is called back to work:
(a) on a designated paid holiday which is not the employee's scheduled day of work,
or
(b) on the employee's day of rest,
or
(c) after the employee has completed the employee's work for the day and has left the employee's place of work,
and returns to work, the employee shall be paid the greater of:
(i) the minimum of three (3) hours' pay at the applicable overtime rate of pay for each call-back to a maximum of
eight (8) hours' pay in an eight (8)-hour period,
or
(ii) compensation at the applicable rate of overtime compensation for time worked,
provided that the period worked by the employee is not contiguous to the employee's normal hours of work.
10.02 Upon application by the employee and at the discretion of the Employer, compensation earned under this
Article may be taken in the form of compensatory leave, which will be calculated at the applicable premium rate laid
down in this Article. Compensatory leave earned in a fiscal year and outstanding on September 30 of the next following
fiscal year shall be paid at the employee's daily rate of pay on September 30.
10.03 When a payment is being made as a result of the application of this Article, the Employer
will endeavour to make such payment within six (6) weeks following the end of the pay period for which the employee
requests payment, or, if payment is required to liquidate compensatory leave outstanding at the expiry of the fiscal
year, the Employer will endeavour to make such payment within six (6) weeks of the commencement of the first pay period
after September 30 of the next following fiscal year.
10.04 Payments provided under Overtime, Reporting Pay and Standby provisions of this agreement shall not be
pyramided, that is an employee shall not receive more than one compensation for the same service.
11.01 When the Employer requires an employee to be available on standby during off-duty hours the employee
shall be compensated at the rate of one-half (1/2) hour for each four (4) hour period or portion thereof for which the
employee has been designated as being on standby duty.
11.02 An employee on standby who is called in to work by the Employer and who reports for work shall be
compensated in accordance with Article 10 - Call-Back.
**
11.03
(a) An employee required to be on standby duty shall be available during the period of standby at a known telephone
number and be able to return for duty as quickly as possible if called.
(b) In areas and in circumstances where the Employer deems that electronic communication devices are both
practicable and efficient, they will be provided without cost to those employees on standby duty.
11.04 No standby duty payment shall be granted if an employee is unable to report for duty when required.
11.05 A standby duty roster and schedule may be established at locations when, in the opinion of the
Employer, it is warranted by operating conditions.
**
11.06 At the Employer's discretion, compensation for standby may be given by granting equivalent time off in
lieu of a cash payment. If such time off cannot be granted within the quarter in which it is earned then cash payment
will be made.
Clauses 12.01 through 12.06 do not apply to MT Group employees working Shift Work.
12.01 Subject to clause 12.02, the following days shall be designated paid holidays for employees:
(a) New Year's Day,
(b) Good Friday,
(c) Easter Monday,
(d) the day fixed by proclamation of the Governor in Council for celebration of the Sovereign's birthday,
(e) Canada Day,
(f) Labour Day,
(g) the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,
(h) Remembrance Day,
(i) Christmas Day,
(j) Boxing Day,
(k) one additional day in each year that, in the opinion of the Employer, is recognized to be a provincial or civic
holiday in the area in which the employee is employed or in any area where, in the opinion of the Employer, no such day
is recognized as a provincial or civic holiday, the first Monday in August,
and
(l) one additional day when proclaimed by an Act of Parliament as a national holiday.
12.02 An employee absent without pay on both the employee's full working day immediately preceding and the
employee's full working day immediately following a designated paid holiday, is not entitled to pay for the holiday,
except in the case of an employee who is granted leave without pay under the provisions of Article 31, Leave for Staff
Relations Matters.
Designated Paid Holiday Falling on a Day of Rest
12.03 When a day designated as a paid holiday under clause 12.01 coincides with an employee's day of rest,
the holiday shall be moved to the employee's first normal working day following the employee's day of rest.
12.04 When a day designated as a paid holiday for an employee is moved to another day under the provisions of
clause 12.03:
(a) work performed by an employee on the day from which the holiday was moved shall be considered as work performed
on a day of rest,
and
(b) work performed by an employee on the day to which the holiday was moved, shall be considered as work performed
on a holiday.
Compensation for Work on a Paid Holiday
12.05 Compensation for work on a paid holiday will be in accordance with Article 9.
Designated Paid Holiday Coinciding with a Day of Paid Leave
12.06 Where a day that is a designated paid holiday for an employee coincides with a day of leave with pay or
is moved as a result of the application of clause 12.03, the designated paid holiday shall not count as a day of
leave.
Clauses 12.07 through 12.11 apply only to MT Group employees working shift work.
12.07 Subject to clause 12.08, the following days shall be designated paid holidays for employees:
(a) New Year's Day,
(b) Good Friday,
(c) Easter Sunday,
(d) the day fixed by proclamation of the Governor in Council for celebration of the Sovereign's Birthday,
(e) Canada Day,
(f) Labour Day,
(g) the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,
(h) Remembrance Day,
(i) Christmas Day,
(j) Boxing Day,
(k) one additional day in each year that, in the opinion of the Employer, is recognized to be a provincial or civic
holiday in the area in which the employee is employed or in any area where, in the opinion of the Employer, no such day
is recognized as a provincial or civic holiday, the first Monday in August,
and
(l) one additional day when proclaimed by an Act of Parliament as a national holiday.
12.08 Clause 12.07 does not apply to an employee who is absent without pay on both the working day
immediately preceding and the working day following the designated paid holiday, except in the case of an employee who
is granted leave without pay under the provisions of Article 31.
12.09 For the purpose of this Article "lieu day" means a paid day of leave at another date in lieu of
a designated paid holiday.
Lieu Days
12.10
(a) An employee who has completed six (6) months of continuous employment shall be credited:
(i) at the beginning of each fiscal year "lieu days" equivalent in number to the number of designated paid holidays
in that fiscal year;
or
(ii) at the time the employee becomes subject to clause 8.08, "lieu days" equivalent in number to the number of
designated paid holidays remaining in that fiscal year.
(b) "Lieu days" shall be taken at times that are agreeable to the Employer and the employee.
(c) Any "lieu days" granted in advance of holidays occurring after the date of an employee's separation or after the
employee ceases to be subject to clause 8.08 shall be subject to recovery of pay.
(d) "Lieu days" earned in a fiscal year and outstanding at the end of the fiscal year shall be paid in cash at the
employee's hourly rate of pay as calculated from the classification prescribed for the employee's substantive position
on March 31.
Holiday Falling on a Day of Rest
12.11 When a day designated as a paid holiday coincides with a day of rest, the employee shall be granted on
another date a lieu day pursuant to clause 12.10 in lieu of the designated paid holiday.
Compensation for Work on a Paid Holiday
12.12 When an employee works on a holiday, the employee shall receive compensation on the basis of:
(a) one and one-half (1 1/2) times the straight-time hourly rate for the first shift worked by the employee on the
holiday and at the rate of double (2) time thereafter;
(b) double (2) time for all hours worked on a holiday which is also the employee's scheduled day of rest.
Work on a Lieu Day
12.13 Subject to paragraph 8.16(a):
When an employee is required to work on a scheduled "lieu day", the employee shall be compensated at the employee's
hourly rate of pay for all regular hours worked and the "lieu day" credit shall be reinstated for use at a later
date.
13.01 When the Employer requires an employee to travel outside the employee's headquarters area for the
purpose of performing duties, the employee shall be compensated in the following manner:
(a) on a normal working day on which the employee travels but does not work, the employee shall receive the
employee's regular pay for the day;
(b) on a normal working day on which the employee travels and works, the employee shall be paid:
(i) the employee's regular pay for the day for a combined period of travel and work not exceeding seven and
one-half (7 1/2) hours,
and
**
(ii) at the applicable overtime rate for additional travel time in excess of a seven and one-half (7 1/2) hour
period of work and travel, with a maximum payment for such additional travel time not to exceed twelve (12) hours pay
at the straight-time rate in any day;
**
(c) on a day of rest or on a designated paid holiday, the employee shall be paid at the applicable overtime rate for
hours travelled to a maximum of twelve (12) hours pay at the straight-time rate.
13.02 For the purpose of clause 13.01, the travelling time for which an employee shall be compensated is as
follows:
(a) for travel by public transportation, the time between the scheduled time of departure and the time of arrival at
a destination, including the normal travel time to the point of departure, as determined by the Employer;
(b) for travel by private means of transportation, the normal time as determined by the Employer, to proceed from
the employee's place of residence or work place, as applicable, direct to the destination and, upon return, direct back
to the employee's residence or work place;
(c) in the event that an alternative time of departure and/or means of travel is requested by the employee, the
Employer may authorize such alternative arrangements in which case compensation for travelling time shall not exceed
that which would have been payable under the Employer's original determination.
13.03 All calculations for travelling time shall be based on each completed period of
fifteen (15) minutes.
13.04 Upon application by the employee and at the discretion of the Employer, compensation earned under this
Article may be taken in the form of compensatory leave, which will be calculated at the applicable premium rate laid
down in this Article. Compensatory leave earned in a fiscal year and outstanding on September 30 of the next following
fiscal year shall be paid at the employee's daily rate of pay on September 30.
13.05 When a payment is being made as a result of the application of this Article, the Employer
will endeavour to make such payment within six (6) weeks following the end of the pay period for which the employee
requests payment, or, if payment is required to liquidate compensatory leave outstanding at the expiry of the fiscal
year, the Employer will endeavour to make such payment within six (6) weeks of the commencement of the first pay period
after September 30 of the next following fiscal year.
13.06 This Article does not apply to an employee required to perform work in any type of transport in which
the employee is travelling. In such circumstances, the employee shall receive pay for actual hours worked in accordance
with the appropriate Article of this agreement, Hours of Work, Overtime, Designated Paid Holidays.
13.07 Travelling time shall include time necessarily spent at each stop-over en route up to a maximum of
three (3) hours provided that such stop-over does not include an overnight stay.
13.08 Compensation under this Article shall not be paid for travel time to courses, training sessions,
conferences and seminars unless so provided for in the Career Development Article.
14.01 When the employment of an employee who has been granted more vacation, furlough or sick leave with pay
than the employee has earned is terminated by death or lay-off, the employee is considered to have earned the amount of
leave with pay granted.
14.02 An employee is entitled, once in each fiscal year, to be informed, upon request, of the balance of the
employee's vacation, furlough or sick leave with pay credits.
14.03 The amount of leave with pay credited to an employee by the Employer at the time when this Agreement is
signed, or at the time when the employee becomes subject to this Agreement, shall be retained by the employee.
14.04 An employee who, on the day that this Agreement is signed, is entitled to receive furlough leave, that
is to say, five (5) weeks' leave with pay upon completing twenty (20) years of continuous employment, retains the
employee's entitlement to furlough leave subject to the conditions respecting the granting of such leave that are in
force on the day that this Agreement is signed.
14.05 An employee shall not be granted two (2) different types of leave with pay in respect of the same
period of time.
14.06 An Employee is not entitled to leave with pay during periods the employee is on leave without pay, on
educational leave or under suspension.
15.01 The vacation year shall be from April 1st to March 31st, inclusive.
Accumulation of Vacation Leave Credits
15.02 An employee shall earn vacation leave credits for each calendar month during which the employee
receives pay for at least ten (10) days at the following rate:
(a) one and one-quarter (1 1/4) days until the month in which the employee's eighth (8th) anniversary of
service occurs;
(b) one and two-thirds (1 2/3) days commencing with the month in which the
employee's eighth (8th) anniversary of service occurs;
**
(c) one and eleven-twelfths (1 11/12) days commencing with the month in which the
employee's seventeenth (17th) anniversary of service occurs;
**
(d) two and one-twelfth (2 1/12) days commencing with the month in which the
employee's eighteen (18th) anniversary of service occurs;
**
(e) two and one-third (2 1/3) days commencing with the month in which the
employee's twenty-eight (28th) anniversary of service occurs;
(f) two and one-half (2 1/2) days per month commencing with the month in which the employee's
twenty-ninth (29th) anniversary of service occurs;
(g) However, an employee who is entitled to or who has received furlough leave shall have the vacation leave credits
earned under this Article, reduced by five-twelfths (5/12ths) of a day per month from the beginning of
the month in which the employee completes the employee's twentieth (20th) year of continuous employment
until the beginning of the month in which the employee completes the employee's twenty-fifth (25th) year of
continuous employment.
15.03 For the purpose of clause 15.02 only, all service within the Public Service, whether continuous or
discontinuous, shall count toward vacation leave except where a person who, on leaving the Public Service, takes or has
taken severance pay. However, the above exception shall not apply to an employee who receives severance pay on lay-off
and is reappointed to the Public Service within one (1) year following the date of lay-off.
Entitlement to Vacation Leave With Pay
15.04 An employee is entitled to vacation leave with pay to the extent of earned credits but an employee who
has completed six (6) months of continuous employment may receive an advance of credits equivalent to the anticipated
credits for the vacation year.
Provision for Vacation Leave
15.05 In order to maintain operational requirements, the Employer reserves the right to schedule an
employee's vacation leave but shall make every reasonable effort:
(a) to provide an employee's vacation leave in an amount and at such time as the employee may request;
(b) not to recall an employee to duty after the employee has proceeded on vacation leave.
15.06 This clause applies to MT Group employees engaged in shift work only:
For those MT employees engaged in shift work under clauses 8.08 and 8.15, upon request of the employee and at the
discretion of the Employer, the Employer may grant an employee vacation leave when specified by the employee if:
(a) the period of vacation leave requested is less than forty (40) hours and the employee gives the Employer at
least ten (10) days' notice;
(b) the period of vacation leave requested is forty (40) hours or more, the employee shall normally give the
Employer at least seven (7) days' advance notice prior to the publishing of the final shift schedule as provided for in
paragraph 8.14(b).
Upon request of the employee, the Employer may, for good and sufficient reason, grant vacation leave on shorter
notice than provided for in this clause.
Replacement of Vacation Leave
**
15.07 Where, in respect of any period of vacation leave, an employee:
(a) is granted bereavement leave,
or
(b) is granted special leave with pay because of illness in the immediate family,
or
(c) is granted sick leave on production of a medical certificate,
the period of vacation leave so displaced shall either be added to the vacation period if requested by the employee
and approved by the Employer or reinstated for use at a later date.
Carry-Over Provision
15.08
(a) Where in any vacation year all of the vacation leave credits to an employee has not been scheduled, the employee
may carry over into the following vacation year up to a maximum of thirty-five (35) days credit. All vacation leave
credits in excess of thirty-five (35) days will be paid in cash at the employee's daily rate of pay as calculated from
the classification prescribed in the employee's certificate of appointment of the employee's substantive position
on the last day of the vacation year.
(b) During any vacation year, upon application by the employee and at the discretion of the Employer, earned but
unused vacation leave credits in excess of fifteen (15) days may be paid in cash at the employee's daily rate of pay as
calculated from the classification prescribed in the employee's certificate of appointment of the employee's
substantive position on March 31st, of the previous vacation year.
Transitional
(c) Notwithstanding paragraph 15.08(b), if as of March 31, 1999 an employee has earned, but unused, vacation leave
credits in excess of thirty-five (35) days, the excess credits may be granted, or paid in cash, during any vacation
year, upon application by the employee and at the discretion of the Employer, in a maximum of four (4) years,
commencing March 31, 1999 and terminating March 30, 2003. Payment shall be in one instalment per year, and shall be at
the employee's daily rate of pay as calculated from the classification prescribed in the certificate of appointment of
the employee's substantive position on March 31, of the applicable previous vacation year.
Recall From Vacation Leave
15.09 Where, during any period of vacation leave, an employee is recalled to duty, the employee shall
be reimbursed for reasonable expenses, as normally defined by the Employer, incurred:
(a) in proceeding to the employee's place of duty,
and
(b) in returning to the place from which the employee was recalled if the employee immediately resumes vacation upon
completing the assignment for which the employee was recalled, after submitting such accounts as are normally required
by the Employer.
15.10 The employee shall not be considered as being on vacation leave during any period in respect of which
the employee is entitled under clause 15.09 to be reimbursed for reasonable expenses incurred by the employee.
Cancellation of Vacation Leave
15.11 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, when available, to the Employer.
Advance Payments
15.12 The Employer agrees to issue advance payments of estimated net salary for vacation periods of two (2)
or more complete weeks, providing a written request for such advance payment is received from the employee at least
six (6) weeks prior to the last pay before the employee's vacation period commences, and providing the employee has
been authorized to proceed on vacation leave for the period concerned. Pay in advance of going on vacation shall be
made prior to departure. Any overpayment in respect of such pay advances shall be an immediate first charge against any
subsequent pay entitlement and shall be recovered in full prior to any further payment of salary.
Leave When Employment Terminates
15.13 When an employee dies or otherwise ceases to be employed, the employee or the employee's estate shall
be paid an amount equal to the product obtained by multiplying the number of days of earned but unused vacation and
furlough leave with pay by the daily rate of pay as calculated for the classification of the employee's substantive
position on the date of the termination of employment.
Vacation Leave Credits for Severance Pay
15.14 Where the employee requests, the Employer shall grant the employee unused vacation leave credits prior
to termination of employment if this will enable the employee, for purposes of severance pay, to complete the
first (1st) year of continuous employment in the case of lay-off, and the tenth (10th) year of
continuous employment in the case of resignation.
Abandonment
15.15 Notwithstanding clause 15.13, an employee whose employment is terminated by reason of a declaration
that the employee abandoned the employee's position is entitled to receive the payment referred to in clause 15.13 if
the employee requests it within six (6) months following the date upon which the employee's employment is
terminated.
Recovery on Termination
15.16 In the event of the termination of employment for reasons other than death or lay-off the Employer
shall recover from any monies owed the employee, an amount equivalent to unearned vacation leave taken by the employee,
calculated on the basis of the rate of pay applicable to the classification of the employee's substantive position on
the date of termination.
Credits
16.01
(a) An employee shall earn sick leave credits at the rate of one and one-quarter (1 1/4) days for each calendar
month for which the employee receives pay for at least ten (10) days.
**
(b) A shift worker shall earn additional sick leave credits at the rate of one-sixth (1/6) of a day for each
calendar month during which he works shifts and receives pay for at least ten (10) days. Such credits shall not be
carried over in the next fiscal year and are available only if the employee has already used fifteen (15) sick leave
credits during the current fiscal year.
16.02 An employee shall be granted sick leave with pay when the employee is unable to perform the employee's
duties because of illness or injury provided that:
(a) the employee satisfies the Employer of this condition in such a manner and at such a time as may be determined
by the Employer,
and
(b) the employee has the necessary sick leave credits.
16.03 Unless otherwise informed by the Employer, a statement signed by the employee stating that because of
illness or injury the employee was unable to perform the employee's duties shall, when delivered to the Employer, be
considered as meeting the requirements of paragraph 16.02(a).
16.04 An employee shall not be granted sick leave with pay during any period in which the employee is on
leave of absence without pay, or under suspension.
16.05 When an employee is granted sick leave with pay and injury-on-duty leave is subsequently approved for
the same period, it shall be considered for the purpose of the record of sick leave credits that the employee was not
granted sick leave with pay.
**
16.06 Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the
provision of clause 16.02, sick leave with pay may, at the discretion of the Employer, be granted to an employee for a
period of up to twenty-five (25) days, subject to the deduction of such advanced leave from any sick leave credits
subsequently earned and, in the event of termination of employment for other than death or lay-off, the recovery of the
advance from any monies owed the employee.
**
16.07 Sick leave credits earned but unused by an employee during a previous period of employment in the
Public Service shall be restored to an employee whose employment was terminated by reason of lay-off and who is
reappointed in the Public Service within two (2) years from the date of lay-off.
**
16.08 An employee shall not be terminated for cause for reason of incapacity pursuant to Section 11(2)(g) of
the Financial Administration Act at a date earlier than the date at which the employee will have used his
accumulated sick leave credits, except where the incapacity is the result of an injury or illness for which
injury-on-duty leave has been granted pursuant to clause 17.16.
17.01 General
In respect to applications for leave made pursuant to this Article, the employee may be required to provide
satisfactory validation of the circumstances necessitating such requests.
**
17.02 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 spouse resident with the employee), child
(including child of common-law spouse), stepchild or ward of the employee, father-in-law, mother-in-law, grandchild,
and relative permanently residing in the employee's household or with whom the employee permanently resides.
(a) When a member of the immediate family dies, an employee:
(i) shall be entitled to a bereavement period of four (4) consecutive calendar days which must include the day of
the funeral. During such period, the employee shall be paid for those days which are not regularly scheduled days of
rest for that employee;
(ii) 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 up to one (1) day's bereavement leave with pay for the purpose related to the death
of the employee's grandparent, son-in-law, daughter-in-law, brother-in-law or sister-in-law.
(c) 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
sub-paragraph 17.02(a)(i) and paragraph 17.02(b).
(d) If, during a period of paid leave, an employee is bereaved in circumstances under which the employee would have
been eligible for bereavement leave under this clause, the employee shall be granted bereavement leave and the
employee's paid leave credits shall be restored to the extent of any concurrent bereavement leave granted.
17.03 Maternity Leave without Pay
(a)
(i) 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.
(A) Notwithstanding 17.03(a)(i) above:
(1) where the employee's new-born child is hospitalized within the period defined in 17.03(a)(i) above;
and
(2) where the employee has proceeded on maternity leave without pay and then, upon request and with the concurrence
of the Employer, returns to work for all or part of the period during which her new-born child is hospitalized;
the period of maternity leave without pay defined in 17.03(a)(i) above 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 returned to work, to a maximum of seventeen (17) weeks.
(B) The extension described in 17.03(a)(i)(A) above shall end not later than fifty-two (52) weeks after the
termination date of pregnancy.
(ii) At its discretion, the Employer may require an employee to submit a medical certificate certifying
pregnancy.
(iii) An employee who has not commenced maternity leave without pay may elect to:
(A) use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates;
(B) use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions
set out in the Sick Leave With Pay Article. For purposes of this clause, illness or injury as defined in the Sick Leave
Article shall include medical disability related to pregnancy.
(b) 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.
(c) 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.
17.04 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 17.04(b), 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 Employment Insurance (EI)
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 this date is modified with
the Employer's consent;
(B) within eighteen (18) months following her return from maternity leave without pay, she will work an amount of
hours paid at straight-time calculated by multiplying the number of hours in the work week on which her maternity
allowance was calculated by twenty-six (26);
(C) should the employee fail to return to work as per the provisions of 17.04(a)(iii)(A) and (B) for reasons other
then death or 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 17.04(a)(iii)(B), or having become
disabled as defined in the Public Service Superannuation Act, the employee recognizes that she is indebted to
the Employer for the amount received as a maternity allowance, proportionate to the amount of hours not worked in
relation to the hours to be worked as specified in 17.04(a)(iii)(B) above.
(iv) for the purpose of 17.04(a)(iii)(B), periods of leave with pay shall count as time worked.
(b) Maternity allowance payments made in accordance with the SUB Plan will consist of the following:
(i)
(A) where an employee is subject to a waiting period of two (2) weeks before receiving EI maternity benefits,
ninety-three per cent (93%) of her weekly rate of pay for each week of the waiting period, less any other moneys earned
during this period;
and
(B) 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 EI benefit she is eligible to receive and
ninety-three per cent (93%) of her weekly rate of pay less any other moneys earned during this period.
(ii) The maternity allowance to which an employee is entitled is limited to that provided in 17.04(b)(i) and an
employee will not be reimbursed for any amount that she may be required to repay pursuant to the EI Act.
(iii) The weekly rate of pay referred to in 17.04(b)(i) shall be:
(A) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of
maternity leave without pay;
(B) 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 17.04(b)(iii)(A) 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.
(iv)
(A) The weekly rate of pay referred to in 17.04(b)(iii) shall be the rate to which the employee is entitled for her
substantive level to which she is appointed.
(B) Notwithstanding 17.04(b)(iv)(A), and subject to 17.04(b)(iii)(B), 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.
(v) 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.
(vi) Maternity allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred
remuneration or severance pay.
17.05 Special Maternity Allowance for Totally Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in 17.04(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 EI maternity benefits;
and
(ii) has satisfied all of the other eligibility criteria specified in 17.04(a) except 17.04(a)(iii)(A) and (B);
shall be paid, in respect of each week of maternity allowance not received for the reason described in 17.05(a)(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 17.04 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
EI Act had she not been disqualified from EI maternity benefits for the reasons described in 17.05(a)(i)
above.
**
17.06 Parental Leave without Pay
(a) An employee who becomes a parent through the birth of a child or the adoption of a child below the age of
majority shall, upon request, be granted parental leave without pay for a single period of up to
thirty-five (35) consecutive weeks, or thirty-seven (37) consecutive weeks where the employee is subject to a waiting
period referred to in 17.07(b)(i)(A), beginning on or after the date of the child's birth or the date of acceptance of
custody of the child for adoption.
(b) The period of parental leave without pay shall end:
(i) where the period of maternity leave without pay as described in 17.03(a)(i) above, is followed by a period of
parental leave without pay taken by the employee, or in the case of a Public Service couple, by the employee's spouse,
no later than fifty-two (52) weeks after the child is born;
(ii) where the period of maternity leave without pay is extended as described in 17.03(a)(i)(A) above, is followed
by a period of parental leave without pay taken by the employee, or in the case of a Public Service couple, by the
employee's spouse, no later than fifty-two (52) weeks after the day the child is born;
and
(iii) in all other cases, no later than fifty-two (52) weeks after the day the child is born or the acceptance of
custody of the child for adoption.
(c) An employee who intends to request parental leave without pay shall notify the Employer at least four (4) weeks
in advance of the expected date of the birth of the child or as soon as the application for adoption has been approved
by the adoption agency.
(d)
(i) The Employer may require an employee to submit a birth certificate or proof of adoption for the child.
(ii) Parental leave without pay taken by a Public Service couple shall not exceed a total of thirty-five (35) weeks
for both employees combined, or thirty-seven (37) consecutive weeks where one of the employees is subject to a waiting
period referred to in 17.07(b)(i)(A).
(e) 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.
**
17.07 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 17.07(b) below, 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 Employment Insurance (EI)
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 he or she:
(A) will return to work on the expiry date of his or her parental leave without pay, unless this date is modified
with the Employer's consent;
(B) within eighteen (18) months of his or her return from parental leave without pay, the employee will work an
amount of hours paid at straight-time calculated by multiplying the number of hours in the work week on which the
parental allowance was calculated by twenty-six (26);
(C) should the employee fail to return to work as per the provisions of 17.07(a)(iii)(A) and (B) for reasons other
than death or 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 17.07(a)(iii)(B), or having become
disabled as defined in the Public Service Superannuation Act, the employee recognizes that he or she is indebted
to the Employer for the amount received as a parental allowance, proportionate to the amount of hours not worked in
relation to the hours to be worked as specified in 17.07(a)(iii)(B) above.
(iv) for the purpose of 17.07(a)(iii)(B), periods of leave with pay shall count as time worked.
(b) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i)
(A) where an employee is subject to a waiting period of two (2) weeks before receiving EI parental benefits,
ninety-three per cent (93%) of his or her weekly rate of pay for each week of the waiting period, less any other moneys
earned during this period;
(B) other than as provided in 17.07(b)(i)(C) below, for each week in respect of which the employee receives
EI parental benefits pursuant to section 23 of the Employment Insurance Act, the difference between the gross
amount of the EI parental benefits he or she is initially eligible to receive and ninety-three per cent (93%) of his or
her weekly rate of pay, less any other moneys earned during this period;
(C) where the employee becomes entitled to an extension of parental benefits pursuant to subsection 12(7) of the
EI Act, the parental allowance payable under the SUB Plan described in 17.07(b)(i)(B) will be extended by the
number of weeks of extended benefits which the employee receives under that subsection.
(ii) The parental allowance to which an employee is entitled is limited to that provided in 17.07(b)(i) and an
employee will not be reimbursed for any amount that he or she is required to repay pursuant to the EI Act.
(iii) The weekly rate of pay referred to in 17.07(b)(i) shall be:
(A) 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;
(B) 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 17.07(b)(iii)(A) 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.
(iv)
(A) The weekly rate of pay referred to in 17.07(b)(iii) shall be the rate to which the employee is entitled for the
substantive level to which she or he is appointed.
(B) Notwithstanding 17.07(b)(iv)(A), and subject to 17.07(b)(iii)(B), 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.
(v) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance,
the allowance shall be adjusted accordingly.
(vi) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred
remuneration or severance pay.
17.08 Special Parental Allowance for Totally Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in 17.07(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 EI parental benefits;
and
(ii) has satisfied all of the other eligibility criteria specified in 17.07(a) except 17.07(a)(iii)(A) and (B);
shall be paid, in respect of each week of benefits under the parental allowance not received for the reason
described in 17.08(a)(i), the difference between ninety-three per cent (93%) of the employee's rate of pay and the
gross amount of his or her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees
Compensation Act.
(b) An employee shall be paid an allowance under this clause and under clause 17.07 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 EI Act, had the employee not been disqualified from EI parental benefits for the reasons
described in 17.08(a)(i) above.
**
17.09 Leave Without Pay for the Care and Nurturing of Pre-School Age Children
Subject to operational requirements an employee shall be granted leave without pay for the care and nurturing of the
employee's pre-school age children (including children of common-law spouse) in accordance with the following
conditions:
**
(a) an employee shall notify the Employer in writing as far in advance as possible but not less than four (4) weeks
in advance of the commencement date of such leave unless such notice cannot be given because of an urgent or
unforeseeable circumstance;
**
(b) leave granted under this clause shall be for a minimum period of three (3) weeks;
(c) the total leave granted under this clause shall not exceed five (5) years during an employee's total period of
employment in the Public Service;
(d) leave granted under this clause for a period of more than three (3) months shall be deducted from the
calculation of continuous employment for the purpose of calculating severance pay and from the calculation of service
for the purpose of calculating vacation leave;
(e) time spent on such leave shall not be counted for pay increment purposes.
17.10 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.
(b) Subject to operational requirements, leave without pay of 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 only once under each of (a) and (b) of this
clause during the employee's total period of employment in the Public Service. Leave without pay granted under this
clause may not be used in combination with maternity, parental or adoption leave without the consent of the
Employer.
(d) Leave granted under (a) of 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.
(e) Leave without pay granted under (b) of 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. Time spent on such leave shall not be counted for pay increment purposes.
17.11 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.
17.12 Leave Without Pay for the Long-Term Care of a Parent
At the discretion of the Employer, an employee may be granted leave without pay for the long-term personal care of
the employee's parents, including step-parents or foster parents, in accordance with the following conditions:
(a) an employee shall notify the Employer in writing as far in advance as possible but not less than four (4) weeks
in advance of the commencement date of such leave, unless, because of an urgent or unforeseeable circumstance, such
notice cannot be given;
**
(b) leave granted under this clause shall be for a minimum period of three (3) weeks;
(c) the total leave granted under this clause shall not exceed two (2) years during an employee's total period of
employment in the Public Service;
(d) leave granted under this clause for a period of more than three (3) months shall be deducted from the
calculation of "continuous employment" for the purposes of calculating severance pay and from the calculation of
"service" for the purposes of calculating vacation leave;
(e) time spent on such leave shall not be counted for pay increment purposes.
17.13 Leave With Pay for Family-Related Responsibilities
(a) For the purpose of this clause, family is defined as spouse (or common-law spouse resident with the employee),
dependent children (including children of legal or common-law spouse), parents (including step-parents or foster
parents), or any relative permanently residing in the employee's household or with whom the employee permanently
resides.
(b) The Employer shall grant leave with pay under the following circumstances:
**
(i) an employee is expected to make every reasonable effort to schedule medical or dental appointments for dependent
family members to minimize or preclude the employee's absence from work; however, when alternate arrangements are not
possible an employee shall be granted up to one (1) day for a medical or dental appointment when the dependent family
member is incapable of attending the appointment without accompaniment, or for appointments with appropriate
authorities in schools or adoption agencies. An employee requesting leave under this provision must notify the
employee's supervisor of the appointment as far in advance as possible;
(ii) to provide for the immediate and temporary care of a sick or elderly 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) one (1) day's leave with pay for needs directly related to the birth or to the adoption of the employee's
child. This leave may be divided into two (2) periods and granted on separate days;
(iv) This clause does not apply to the MT Group:
five (5) days' marriage leave for the purpose of getting married provided that the employee gives the Employer at
least five (5) days' notice.
(c) This clause does not apply to the MT Group:
The total leave with pay which may be granted under sub-paragraphs 17.13(b)(i), (ii), (iii) and (iv) shall not
exceed five (5) days in a fiscal year.
(d) This clause applies to the MT Group only:
The total leave with pay which may be granted under sub-paragraphs 17.13(b)(i), (ii) and (iii) shall not exceed
five (5) days in a fiscal year.
(e) This clause applies to the MT Group only:
After the completion of one (1) year's continuous employment in the Public Service, an employee who gives the
Employer at least twenty (20) days notice shall be granted leave with pay of up to five (5) days, for the purpose of
getting married, provided suitable arrangements can be made so that the taking of such leave does not interfere with
the employee's professional responsibilities. At the discretion of the Employer and subject to operational
requirements, such leave may be granted with less than twenty (20) days' notice.
17.14 Court Leave With Pay
Leave with pay shall be given to every employee, other than an employee already on leave without pay, on education
leave, or under suspension who is required:
(a) to be available for jury selection;
(b) to serve on a jury;
or
(c) by subpoena or summons to attend as a witness in any proceeding held:
(i) in or under the authority of a court of justice or before a grand jury;
(ii) before a court, judge, justice, magistrate or coroner;
(iii) before the Senate or House of Commons of Canada or a committee of the Senate or House of Commons otherwise
than in the performance of the duties of 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;
or
(v) before an arbitrator or umpire or a person or body of persons authorized by law to make an inquiry and to compel
the attendance of witnesses before it.
17.15 Personnel Selection Leave With Pay
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 Public Service Staff Relations Act, the employee is entitled
to leave with pay for the period during which the employee's presence is required for purposes of the selection
process, and for such further period as the Employer considers reasonable for the employee to travel to and from the
place where the employee's presence is so required. This clause applies equally in respect of the personnel selection
processes related to deployment.
17.16 Injury-on-Duty Leave With Pay
An employee shall be granted injury-on-duty leave with pay for such reasonable period as may be determined by the
Employer where it is determined by a Provincial Worker's Compensation Board that the employee is unable to perform the
employee's duties because of:
(a) personal injury accidentally received in the performance of the employee's duties and not caused by the
employee's willful misconduct,
(b) sickness resulting from the nature of the employee's employment,
or
(c) exposure to hazardous conditions in the course of the employee's employment,
if the employee agrees to pay to the Receiver General of Canada any amount received for loss of wages in settlement
of any claim the employee may have in respect of such injury, sickness or exposure.
17.17 Examination Leave
Leave with pay to take examinations or defend dissertations may be granted by the Employer to an employee who is not
on education 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.
17.18 Other Leave With Pay
At its discretion, the Employer may grant leave with pay for purposes other than those specified in this Agreement,
including military or civil defence training, emergencies affecting the community or place of work, and when
circumstances not directly attributable to the employee prevent the employee reporting for duty.
17.19 Other Leave Without Pay
At its discretion, the Employer may grant leave without pay for purposes other than those specified in this
Agreement, including enrolment in the Canadian Armed Forces and election to a full-time municipal office.
|
