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Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.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 described in the certificate issued by the Public Service
Staff Relations Board on June 16, 1999, covering employees of the Audit,
Commerce and Purchasing Group.
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 units are employed.
2.01 For the purpose of this Agreement:
(a) "bargaining unit" means the employees of the
Employer in the group described in Article 25 - Recognition;
(b) "common-law spouse" a common-law spouse
relationship exists when, for a continuous period of at least one (1) year, an
employee has lived with a person, publicly represented that person to be his/her
spouse and continues to live with the person as if that person were his/her
spouse;
(c) "compensatory leave" means leave with pay in
lieu of cash payment for overtime, work performed on a designated holiday,
travelling time compensated at overtime rate, call-back and reporting pay. 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;
(d) "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;
(e) "daily rate of pay" means an employee's weekly
rate of pay divided by five (5);
(f) "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 the duties of the employee's position other than
by reason of the employee being on leave;
(g) "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;
(h) "double time" means two (2) times
the employee's hourly rate of pay;
(i) "employee" means a person so defined by the Public
Service Staff Relations Act and who is a member of the bargaining unit;
(j) "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;
(k) "headquarters area" has the same meaning as
given to the expression in the Travel Policy;
(l) "hourly rate of pay" means a full-time
employee's weekly rate of pay divided by thirty-seven and
one-half (37 1/2);
(m) "Institute" means the Professional Institute
of the Public Service of Canada;
(n) "lay-off" means the termination of an
employee's employment because of lack of work or because of the discontinuance
of a function;
(o) "leave" means authorized absence from duty by
an employee during the employee's regular or normal hours of work;
(p) "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;
(q) "overtime" means work required by the
Employer, to be performed by the employee in excess of his daily hours of work;
(r) "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 Directive;
(s) "straight-time rate" means the employee's
hourly rate of pay.
(t) "time and one-half" means one and one
half (1 1/2) times the employee's hourly rate of pay;
(u) "weekly rate of pay" means an employee's
annual rate of pay divided by 52.176;
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.
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.
(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.
8.01 For the purpose of this Article:
(a) a week shall consist of seven (7) consecutive days beginning at
00:01 hours Monday and ending at 24:00 hours Sunday;
(b) the day is a twenty-four (24) hour period commencing at
00:01 hours.
8.02 Employees may be required to submit monthly attendance
registers; only those hours of overtime and absences need be specified.
8.03 Where operational requirements permit, the Employer
will provide two (2) rest periods of fifteen (15) minutes each
per full working day.
8.04 Except as provided for in clauses 8.05, 8.06 and 8.07:
(a) the normal work week shall be Monday to Friday inclusive;
(b) an employee shall be granted two (2) consecutive days of rest
during each seven (7) day period unless operational requirements do
not so permit;
(c) the scheduled work week shall be thirty-seven and
one-half (37 1/2) hours;
(d) 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.;
and
(e) upon the 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).
(a) Notwithstanding the provisions of this Article, upon request of an
employee and the concurrence of the Employer, an employee may complete his or
her weekly hours of employment in a period of other than five (5) full
days provided that over a period of fourteen (14), twenty-one (21) or
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 of fourteen (14),
twenty-one (21) or 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 him or her.
(b) 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.
**
Terms and Conditions Governing the Administration of Variable Hours
of Work
8.06 The Employer and the Institute agree that for those
employees to whom the provisions of clause 8.05 apply, the provisions of
this Agreement which specifies days shall be converted to hours. Where this
Agreement refers to a "day", it shall be converted to seven and
one-half (7 1/2) hours, except in clause 17.02, Bereavement
Leave with pay, where a day means a calendar day. Whenever an employee changes
his or her variable hours or no longer works variable hours, all appropriate
adjustments will be made.
8.07 For greater clarity, the
following provisions of this Agreement shall be administered as provided herein:
(a) Interpretation and Definitions
(paragraph 2.01(e))
"Daily rate of pay" - shall not apply.
(b)Overtime
(paragraph 9.01(a))
Overtime shall be compensated for all work performed in excess of an
employee's scheduled hours of work on normal working days.
(c) Designated Paid Holidays (paragraph 9.01(e))
A designated paid holiday shall account for seven and
one-half (7 1/2) hours.
(d) Travel (clause 13.01)
Overtime compensation referred to in clause 13.01 shall only be
applicable on a work day for hours in excess of the employee's daily scheduled
hours of work.
(e) Leave
When leave is granted, it will be granted on an hourly basis and the hours
debited for each day of leave shall be the same as the hours the employee would
normally have been scheduled to work on that day.
The converted amounts are as follows:
(i) one and two-thirds (1 2/3) days - twelve decimal five
zero (12.50) hours;
(ii) two and one-twelfth (2 1/12) days - fifteen decimal
six two five (15.625) hours;
(iii) five-twelfths (5/12) day - three decimal one two
five (3.125) hours;
(iv) two and one-half (2 1/2) days - eighteen decimal
seven five (18.75) hours.
9.01 When an employee is required by the Employer to work
overtime he shall be compensated as follows:
**
(a) on his normal work day, at the rate of time and
one-half (1 1/2) for each hour of overtime worked for the first seven
and one-half (7 1/2) overtime hours worked and double (2) time
thereafter;
(b) on his first (1st) day of rest, at time and
one-half (1 1/2) for each hour of overtime worked;
(c) on his second (2nd) or subsequent day of rest, at
double (2) time for each hour of overtime worked. Second (2nd)
or subsequent day of rest means the second or subsequent day in an unbroken
series of consecutive and contiguous calendar days of rest;
(d) notwithstanding paragraph (c) 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 (1st) day worked.
(e)
(i) on a designated holiday, compensation shall be granted on the basis of
time and one-half (1 1/2) for each hour worked, addition to the
compensation that he would have been granted had he not worked on the
designated holiday;
or
(ii) when an employee works on a holiday, contiguous to a second day of
rest on which he also worked and received overtime in accordance with
paragraph 9.01(c), he shall be paid in addition to the pay that he would
have been granted had he not worked on the holiday, two (2) times his
hourly rate of pay for all hours worked.
9.02 All calculations for overtime shall be based on each
completed period of fifteen (15) minutes.
(a) 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.
(b) Subject to the operational requirements, the Employer shall make every
reasonable effort to avoid excessive overtime and to offer overtime work on an
equitable basis among readily available qualified employees.
9.04 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.
9.05 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 (1st) pay period after September 30 of the next following
fiscal year.
**
(a) An employee who works three (3) or more hours of overtime
immediately before or immediately following his scheduled hours of work shall be
reimbursed for one meal in the amount of nine dollars and fifty
cents ($9.50), except where free meals are provided. Effective
June 22, 2002, this reimbursement is increased to ten
dollars ($10.00). 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
his place of work.
**
(b) When an employee works overtime continuously extending
four (4) hours or more beyond the period provided in (a) above, he
shall be reimbursed for one additional meal in the amount of nine dollars and
fifty cents ($9.50), except where free meals are provided.Effective June
22, 2002, this reimbursement is increased to ten dollars ($10.00). Reasonable
time with pay, to be determined by the Employer, shall be allowed the employee
in order that he may take a meal break either at or adjacent to his place of
work.
(c) Paragraphs 9.06(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 When an employee is called back to work or when an
employee who is on stand-by duty is called back to work by the Employer any time
outside his normal working hours he shall be entitled to the greater of:
(a) a minimum of three (3) hours' pay at the applicable overtime
rate, for each call-back to a maximum of eight (8) hours' pay in an
eight (8) hour period,
or
(b) compensation at the applicable overtime rate for each hour worked.
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 (1st) pay period after September 30 of the next following
fiscal year.
10.04 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.
11.01 When the Employer requires an employee to be available
on standby during off-duty hours an employee shall be compensated at the rate of
one-half (1/2) hour for each four (4) hour period or portion
thereof for which he 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 An employee required to be on standby duty shall be
available during his period of standby at a known telephone number and be able
to return for duty as quickly as possible if called. In designating employees
for standby, the Employer will endeavour to provide for the equitable
distribution of standby duties.
11.04 No standby duty payment shall be granted if any
employee is unable to report for duty when required.
11.05 Other than when required by the Employer to use a
vehicle of the Employer for transportation to a work location other than an
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.
12.01 Subject to clause 12.02 below, 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 (1st) 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 his full
working day immediately preceding and his 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 30, Leave for Staff Relations Matters.
When a day designated as a paid holiday under clause 12.01 above
coincides with an employee's day of rest, the holiday shall be moved to the
employee's first (1st) normal working day following his day of rest.
When a day that is a designated holiday is so moved to a day on which the
employee is on leave with pay, that day shall count as a holiday and not as a
day of leave.
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
above:
(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 will be in accordance with
Article 9, Overtime.
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 above, the designated paid holiday shall not count as a day of
leave.
12.07 Where operational requirements permit, the Employer
shall not schedule an employee to work both December 25 and January 1
in the same holiday season.
12.08 When an employee is required to report for work and
reports on a designated holiday, he shall be paid the greater of:
(a) compensation at the applicable overtime rate,
or
(b) compensation equivalent to four (4) hours' pay at his
straight-time rate of pay.
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) 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 above, 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 employee's destination and, upon the
employee's return, direct back to the employee's residence or work place.
(c) In the event that an alternate time of departure and/or means of travel
is requested by the employee, the Employer may authorize such alternate
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 (1st) 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 Articles: 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 the
employee is required to attend by the Employer.
**
(a) An employee who is required to travel outside his or her headquarters
area on government business, as these expressions are defined by the Employer,
and is away from his permanent residence for forty (40) nights during
a fiscal year shall be granted one (1) day off with pay. The employee
shall be credited with one additional day off for each additional
twenty (20) nights that the employee is away from his or her permanent
residence to a maximum of eighty (80) additional nights.
(b) The maximum number of days off earned under this clause shall not exceed
five (5) days in a fiscal year and shall accumulate as compensatory
leave with pay.
(c) This leave with pay is deemed to be compensatory leave and is subject to
the clause 9.04.
(d) The provisions of this clause do not apply when the employee travels in
connection with courses, training sessions, professional conferences and
seminars.
14.01 An employee is entitled, once in each fiscal year, to
be informed, upon request, of the employee's balance of vacation, furlough or
sick leave with pay credits.
14.02 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.
14.03 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 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.
14.04 An employee shall not be granted two (2)
different types of leave with pay in respect of the same period of time.
14.05 An Employee is not entitled to leave with pay during
periods the employee is on leave without pay or under suspension.
14.06 When an employee, who has been granted more vacation,
furlough or sick leave with pay than has been earned, is laid-off or dies, the
employee is considered to have earned the amount of leave with pay that has been
granted to that employee.
14.07 In the event of 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 and sick leave taken by the
employee, as calculated from the classification prescribed in his certificate of
appointment on the date of the termination of his employment.
14.08 An employee shall not earn leave credits under this
Collective Agreement in any month for which leave has already been credited to
him under the terms of any other collective agreement to which the Employer is a
party or under other rules or regulations of the Employer.
**
14.09
(a) When an employee becomes subject to this Agreement, his or her earned
daily leave credits shall be converted into hours. When an employee ceases to be
subject to this Agreement, his or her earned hourly leave credits shall be
reconverted into days, with one day being equal to seven and
one-half (7 1/2) hours.
(b) When leave is granted, it will be granted on an hourly basis and the
number of hours debited for each day of leave being equal to the number of hours
of work scheduled for the employee for the day in question.
(c) Notwithstanding the above, in paragraph 17.02, Bereavement Leave
with Pay, a "day" will mean a calendar day.
15.01 The vacation year shall be from April 1st
to March 31st, inclusive.
An employee shall earn vacation leave credits for each calendar month during
which he receives pay for at least ten (10) days at the following
rate:
(a) nine decimal three seven five (9.375) hours at the employee's
straight-time hourly rate until the month in which the employee's eighth (8th) anniversary
of service occurs;
(b) twelve decimal five (12.5) hours at the employee's straight-time
hourly rate commencing the month in which the employee's eighth (8th) anniversary
of service occurs;
**
(c) thirteen decimal seven five (13.75) hours at the employee's
straight-time hourly rate commencing with the month in which the employee's
sixteen (16th) anniversary of service occurs;
**
(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;
(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;
**
(f) sixteen decimal eight seven five (16.875) hours at the employee's
straight-time hourly rate commencing with the month in which the employee's
twenty-seventh (27th) anniversary of service occurs;
**
(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-eight (28th) anniversary of service
occurs;
(h) 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 three decimal one two five (3.125) hours per month from the
beginning of the month in which the employee completes his or her
twentieth (20th) year of continuous employment until the
beginning of the month in which the employee completes his or her
twenty-fifth (25th) year of continuous employment.
(a) For the purpose of clause 15.02 above 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.
(b) Notwithstanding paragraph (a) above, an employee who was a member of
the PG bargaining unit on May 17, 1989 or an employee who became a member
of the PG bargaining unit between May 17, 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.
An employee is entitled to vacation leave with pay to the extent of his
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.
(a) Employees are expected to take all their vacation leave during the
vacation year in which it is earned.
(b) In order to maintain operational requirements, the Employer reserves the
right to schedule an employee's vacation leave but shall make every reasonable
effort:
(i) to provide an employee's vacation leave in an amount and at such time
as the employee may request;
(ii) not to recall an employee to duty after he has proceeded on vacation
leave.
(c) 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 therefore, upon written request from
the employee.
Where, in respect of any period of vacation leave, an employee:
(a) is granted bereavement leave,
or
(b) is granted leave with pay because of illness in the immediate family,
or
(c) is granted sick leave on production of a medical certificate,
or
(d) is granted court leave in accordance with clause 17.14,
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.
**
(a) Where in any vacation year all of the vacation leave credited 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 credits. All
vacation 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 his certificate of appointment of his 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 his certificate of
appointment of his substantive position on March 31st, of the
previous vacation year.
(c) Notwithstanding paragraph (a), if on the date of signing of this
Agreement or on the date an employee becomes subject to this Agreement, he or
she has more than two hundred and sixty-two point five (262.5) hours
of unused vacation leave credits earned during previous years, a minimum of
seventy-five (75) hours credit per year shall be granted, or paid in cash
by March 31st of each year, until all vacation leave credits in
excess of two hundred and sixty-two point five (262.5) hours have been
liquidated. Payment shall be in one instalment per year, and shall be at his or
her daily rate of pay as calculated from the classification prescribed in his or
her certificate of appointment of his or her substantive position on
March 31st of the applicable previous vacation year.
Where, during any period of vacation leave, an employee is recalled to duty,
he shall be reimbursed for reasonable expenses, as normally defined by the
Employer, that he incurs:
(a) in proceeding to his place of duty,
and
(b) in returning to the place from which he was recalled if he immediately
resumes vacation upon completing the assignment for which he was recalled,
after submitting such accounts as are normally required by the Employer.
15.09 The employee shall not be considered as being on
vacation leave during any period in respect of which he is entitled under
clause 15.08 above to be reimbursed for reasonable expenses incurred by
him.
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.
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.
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 to his credit by the daily rate of pay as calculated from the
classification prescribed in his certificate of appointment on the date of the
termination of employment.
Where the employee requests, the Employer shall grant the employee's 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.
Notwithstanding clause 15.13 above, an employee whose employment is
terminated by reason of a declaration that he abandoned his position is entitled
to receive the payment referred to in clause 15.13 above if he requests it
within six (6) months following the date upon which his employment is
terminated.
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 his classification on the date of
termination.
Notwithstanding clause 15.12, an employee who resigns to accept an
appointment with an organization listed in Part II of Schedule I of
the Public Service Staff Relations Act may choose not to be paid for
unused vacation and furlough leave credits, provided that the appointing
organization will accept such credits.
**
The Employer agrees to accept the unused vacation and furlough leave credits
up to a maximum of thirty-five (35) days 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
transferring employee is eligible and has chosen to have these credits
transferred.
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.
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)
above.
16.04 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.
16.05 Where an employee has insufficient or no credits to
cover the granting of sick leave with pay under the provision of
clause 16.02 above, 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.
16.06 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.
16.07 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.
16.08 The Employer may for good and sufficient reason,
advance sick leave credits to an employee when a previous advance has not been
fully reimbursed.
16.09 The Employer agrees that an employee recommended for
release from employment pursuant to Section 11(2)(g) of the Financial
Administration Act for incapacity by reason of ill-health shall not be
released at a date earlier than the date at which the employee will have
utilized the employee's accumulated sick leave credits.
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.
**
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,
grandchild, father-in-law, mother-in-law, the employee's grandparents 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 sick leave, vacation 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 clauses 17.02(a) and
17.02(b), the employee shall be granted bereavement leave with pay and his or
her paid 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 and/or in a
manner different than that provided for in paragraphs 17.02(a) and
17.02(b).
(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 16,
Sick Leave With Pay. For purposes of this subparagraph, the terms
"illness" or "injury" used in Article 16, 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.
***
Transitional Provision for clause 17.04
If, on the date of signature of the Memorandum of Agreement modifying the
provisions of clause 17.04, an employee is currently on maternity leave
without pay or has requested a period of maternity leave but has not commenced
the leave, she shall upon request be entitled to the provisions of this clause.
Any application must be received before the termination date of the leave period
originally requested.
(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 paragraphs (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 by the same department within a period of five (5) days or less
is not indebted for the amount if her new period of employment is sufficient
to meet the obligations specified in section (B).
***
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave
with pay shall count as time worked. Periods of leave without pay during the
employee's return to work will not be counted as time worked but shall interrupt
the period referred to in section (a)(iii)(B), without activating the
recovery provisions described in section (a)(iii)(C).
(c) Maternity allowance payments made in accordance with the SUB Plan will
consist of the following:
(i) where an employee is subject to a waiting period of
two (2) weeks before receiving Employment Insurance pregnancy
benefits, ninety-three per cent (93%) of her weekly rate of pay for each
week of the waiting period, less any other monies earned during this period,
and
(ii) for each week that the employee receives a pregnancy benefit pursuant
to Section 22 of the Employment Insurance Act, the difference
between the gross weekly amount of the Employment Insurance pregnancy benefit
she is eligible to receive and ninety-three per cent (93%) of her weekly
rate of pay less any other monies earned during this period which may result
in a decrease in Employment Insurance benefits to which she would have been
eligible if no extra monies had been earned during this period.
(d) At the employee's request, the payment referred to in
subparagraph 17.04(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.
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in
subparagraph 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 Employment Insurance pregnancy benefits,
and
(ii) has satisfied all of the other eligibility criteria specified in
paragraph 17.04(a), other than those specified in sections (A) and
(B) of subparagraph 17.04(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 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 Employment Insurance Act had she not been
disqualified from Employment Insurance pregnancy benefits for the reasons
described in subparagraph (a)(i).
***
Transitional Provision for clauses 17.06 and 17.07
If, on the date of signature of the Memorandum of Agreement modifying the
provisions of clauses 17.06 and 17.07, an employee is currently on parental
leave without pay or has requested a period of such leave without pay but has
not commenced the leave, he or she shall upon request be entitled to the
provisions of these clauses. Any application must be received before the
termination date of the leave period originally requested.
***
(a) Where an employee has or will have the actual care and custody of a
new-born child (including the new-born child of a common-law spouse), the
employee shall, upon request, be granted parental leave without pay for a single
period of up to thirty-seven (37) consecutive weeks in the
fifty-two (52) week period beginning on the day on which the child is
born or the day on which the child comes into the employee's care.
***
(b) Where an employee commences legal proceedings under the laws of a
province to adopt a child or obtains an order under the laws of a province for
the adoption of a child, the employee shall, upon request, be granted parental
leave without pay for a single period of up to
thirty-seven (37) consecutive weeks in the fifty-two
week (52) period beginning on the day on which the child comes into
the employee's care.
(c) Notwithstanding 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 fifty-two (52) weeks
after the day on which the child comes into the employee's care.
(d) An employee who intends to request parental leave without pay shall
notify the Employer at least four (4) weeks in advance of the expected
date of the birth of the employee's child (including the child of a common-law
spouse), or the date the child is expected to come into the employee's care
pursuant to paragraphs (a) and (b).
(e) The Employer may:
(i) defer the commencement of parental leave without pay at the request of
the employee;
(ii) grant the employee parental leave without pay with less than
four (4) weeks' notice;
(iii) require an employee to submit a birth certificate or proof of
adoption of the child.
***
(f) Parental leave without pay taken by a couple employed in the Public
Service shall not exceed a total of thirty-seven (37) weeks for both
individuals combined. For the purpose of this 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.
(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 parental
leave without pay, unless the return to work date is modified by the
approval of another form of leave;
***
(B) Following his 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 17.04(a)(iii)(B), if applicable;
***
(C) should he fail to return to work in accordance with section (A)
or should he return to work but fail to work the total period specified in
section (B), for reasons other than death, lay-off, early termination
due to lack of work or discontinuance of a function of a specified period of
employment that would have been sufficient to meet the obligations specified
in section (B), or having become disabled as defined in the Public
Service Superannuation Act, he 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 by the same department within a period of five (5) days or less
is not indebted for the amount if his 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 weekly rate of pay
for each week of the waiting period, less any other monies earned during this
period;
(ii) other than as provided in subparagraph (iii) below, 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 is eligible to receive and ninety-three per cent (93%) of his
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 would have
been eligible if no extra monies had been earned during this period;
(iii) where the employee becomes entitled to an extension of parental
benefits pursuant to Subsection 12(7) of the Employment Insurance Act,
the parental allowance payable under the SUB Plan described in
subparagraph (ii) will be extended by the number of weeks of extended
benefits which the employee receives under Subsection 12(7) of the EI
Act.
(d) At the employee's request, the payment referred to in
subparagraph 17.07(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 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.
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in
subparagraph 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 Employment Insurance parental benefits,
and
(ii) has satisfied all of the other eligibility criteria specified in
paragraph 17.07(a), other than those specified in sections (A) and
(B) of subparagraph 17.07(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 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 Employment Insurance Act, had the
employee not been disqualified from Employment Insurance parental benefits for
the reasons described in subparagraph (a)(i).
**
An employee who, on the date of signature of this agreement, is on Leave
Without Pay for the Care and Nurturing of the employee's Pre-School Age Children
or on Leave Without Pay for the Long-Term Care of a Parent under
clauses 17.09 or 17.13 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 the employee's 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 the
employee's Pre-School Age Children or under Leave Without Pay for the Long-Term
Care of a Parent under the terms of agreements other than the present agreement
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.
This article is also applicable to employees who have been granted Leave
Without Pay for the Care and Nurturing of the employee's Pre-School Age Children
or Leave Without Pay for the Long-Term Care of a Parent before the signature of
the present agreement and have proceeded on leave on or after the date of
signature of this agreement.
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) an employee shall notify the Employer in writing as far in advance as
possible but not less then 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;
(c) leave granted under this clause shall be for a minimum period of
three (3) weeks;
(d) 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;
(e) 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;
(f) time spent on such leave shall not be counted for pay increment purposes.
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 paragraphs (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 or parental leave without
the consent of the Employer.
(d) Leave granted under paragraph (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 paragraph (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.
(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.
**
(a) For the purpose of this clause, family is defined as spouse (or
common-law spouse resident with the employee), children (including foster
children, children of legal or common-law spouse), parents (including
stepparents 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 family members to minimize or preclude his
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 by himself, or for appointments with appropriate authorities in
schools or adoption agencies. An employee requesting leave under this
provision must notify his 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) two (2) day's leave with pay for needs directly related to the
birth or to the adoption of the employee's child. This leave may be divided
into two (2) periods and granted on separate days;
(iv) 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) The total leave with pay which may be granted under
sub-clauses 17.12(b)(i), (ii), (iii) and (iv) shall not exceed
five (5) days in a fiscal year.
**
17.13 Volunteer Leave
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, one (1) day of leave with pay to work
as a volunteer for a charitable or community organisation or activity, other
than for activities related to the Government of Canada Workplace Charitable
Campaign;
The leave will be scheduled at times convenient both to the employee and the
Employer. Nevertheless, the Employer shall make every reasonable effort to grant
the leaves at such times as the employee may request.
The Employer shall grant leave with pay to an employee for the period of time
the employee 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.
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.
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, providing, however, that such
amount does not stem from a personal disability policy for which the employer or
the employee's agent paid the premium.
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.
(a) The Employer shall make every reasonable effort to accommodate an
employee who requests time off to fulfill his religious obligations.
(b) Employees may, in accordance with the provisions of this Agreement,
request annual leave, compensatory leave or leave without pay for other reasons
in order to fulfill their religious obligations.
(c) Notwithstanding paragraph 17.18(b), at the request of the employee
and at the discretion of the Employer, time off with pay may be granted to the
employee in order to fulfill his religious obligations. The number of hours with
pay so granted must be made up hour for hour within a period of
six (6) months, at times agreed to by the Employer. Hours worked as a
result of time off granted under this clause shall not be compensated nor should
they result in any additional payments by the Employer.
(d) An employee who intends to request leave or time off under this Article
must give notice to the Employer as far in advance as possible but no later than
four (4) weeks before the requested period of absence.
**
(a) An employee who is pregnant or nursing may, during the period from the
beginning of pregnancy to the end of the twenty-fourth (24th) week
following the birth, request the Employer to modify her job functions or
reassign her to another job if, by reason of the pregnancy or nursing,
continuing any of her current functions may pose a risk to her health or that of
the foetus or child.
(b) An employee's request under clause 44.01 must be accompanied or
followed as soon as possible by a medical certificate indicating the expected
duration of the potential risk and the activities or conditions to avoid in
order to eliminate the risk. Dependent upon the particular circumstances of the
request, the Employer may obtain an independent medical opinion.
(c) An employee who has made a request under clause 44.01 is entitled to
continue in her current job while the Employer examines her request, but, if the
risk posed by continuing any of her job functions so requires, she is entitled
to be immediately assigned alternative duties until such time as the Employer:
(i) modifies her job functions or reassigns her,
or
(ii) informs her in writing that it is not reasonably practicable to modify
her job functions or reassign her.
(d) Where reasonably practicable, the Employer shall modify the employee's
job functions or reassign her.
(e) Where the Employer concludes that a modification of job functions or a
reassignment that would avoid the activities or conditions indicated in the
medical certificate is not reasonably practicable, the Employer shall so inform
the employee in writing and shall grant leave of absence without pay to the
employee for the duration of the risk as indicated in the medical certificate.
However, such leave shall end no later than twenty-four (24) weeks
after the birth.
(f) An employee whose job functions have been modified, who has been
reassigned or who is on leave of absence shall give at least
two (2) weeks notice in writing to the Employer of any change in
duration of the risk or the inability as indicated in the medical certificate,
unless there is a valid reason why that notice cannot be given. Such notice must
be accompanied by a new medical certificate.
(g) Notwithstanding paragraph (e), for an employee working in an
institution where she is in direct and regular contact with offenders, if the
Employer concludes that a modification of job functions or a reassignment that
would avoid the activities or conditions indicated in the medical certificate is
not reasonably practicable, the Employer shall so inform the employee in writing
and shall grant leave of absence with pay to the employee for the duration of
the risk as indicated in the medical certificate. However, such leave shall end
no later than at the time the employee proceeds on Maternity Leave Without Pay
or the termination date of the pregnancy, whichever comes first (1st).
**
(a) Up to half (1/2) a day of reasonable time off with pay will be granted to
pregnant employees for the purpose of attending routine medical appointments.
(b) Where a series of continuing appointments are necessary for the treatment
of a particular condition relating to the pregnancy, absences shall be charged
to sick leave.
(a) At its discretion, the Employer may grant:
(i) leave with pay when circumstances not directly attributable to the
employee prevent his reporting for duty; such leave shall not be unreasonably
withheld;
(ii) leave with or without pay for purposes other than those specified in
this Agreement.
**
(b) Personal Leave
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, one (1) day of leave with pay for
reasons of a personal nature.
The leave will be scheduled at times convenient to both the employee and the
Employer. Nevertheless, the Employer shall make every reasonable effort to grant
the leaves at such times as the employee may request.
The parties recognize that in order to maintain and enhance professional
expertise, employees, from time to time, need to have an opportunity to attend
or participate in career development activities described in this Article.
(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 him to fill
his 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 without pay under this clause shall
receive an allowance in lieu of salary of up to one hundred per cent (100%)
of his basic salary. The percentage of the allowance is at the discretion of the
Employer. 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) Allowances already being received by the employee may, at the discretion
of the Employer, be continued during the period of the education leave. The
employee shall be notified when the leave is approved whether such allowances
are to be continued in whole or in part.
(d) 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, except by reason of death or lay-off, before
termination of the period he has undertaken to serve after completion of the
course,
he shall repay the Employer all allowances paid to him under this clause
during the education leave or such lesser sum as shall be determined by the
Employer.
**
(a) Career development refers to an activity which is in the opinion of the
Employer likely to be of assistance to the individual in furthering his career
development and to the organization in achieving its goals. The following
activities shall be deemed to be part of career development:
(i) a course given by the Employer;
(ii) a course offered by a recognized academic institution;
(iii) a seminar, convention or study session in a specialized field
directly related to the employee's work.
(b) The parties to this Agreement recognize that attendance or participation
at conferences, conventions, symposia, workshops and other gatherings of a
similar nature contributes to the maintenance of high professional standards.
(c) In order to benefit from an exchange of knowledge and experience, an
employee shall have the opportunity on occasion to attend conferences and
conventions which are related to his field of specialization, subject to
operational constraints.
(d) The Employer may grant leave with pay and reasonable expenses including
registration fees to attend such gatherings, subject to budgetary and
operational constraints.
(e) 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 convention or conference the employee is required to attend.
(f) 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 his field of employment, may be granted leave with pay for this
purpose and may, in addition, be reimbursed for his payment of convention or
conference registration fees and reasonable travel expenses.
(g) An employee shall not be entitled to any compensation under
Articles 9, Overtime, and 13, Travelling Time, in respect of hours the
employee is in attendance at or travelling to or from a conference or convention
under the provisions of this clause, except as provided by paragraph (d).
(a) The parties to this Agreement share a desire to improve professional
standards by giving the employees the opportunity on occasion:
(i) to participate in workshops, short courses or similar out-service
programs to keep up to date with knowledge and skills in their respective
fields,
(ii) to conduct research or 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 his assigned work projects when in the opinion of the
Employer such research is needed to enable the employee to fill his present
role more adequately.
(b) Subject to the Employer's approval an employee shall receive leave with
pay in order to participate in the activities described in
paragraph 18.04(a) above.
(c) 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.
(d) 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.
(e) An employee selected for professional development under this clause shall
continue to receive his normal compensation including any increase for which he
may become eligible. The employee shall not be entitled to any compensation
under Articles 9, Overtime, and 13, Travelling Time, while on professional
development under this clause.
(f) 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.
(a) The Employer shall establish selection criteria for granting leave under
clauses 18.02, 18.03 and 18.04. Upon request, a copy of these criteria will
be provided to an employee and/or the Institute Representative.
(b) All applications for leave under clauses 18.02 through 18.04 will be
reviewed by the Employer. A list of the names of the applicants to whom the
Employer grants leave under clauses 18.02 through 18.04 will be provided to
the Institute Representative on the Departmental Career Development Consultation
Committee.
(a) The parties to this collective agreement acknowledge the mutual benefits
to be derived from consultation on Career Development. To this effect the
parties agree that such consultation will be held at the departmental level
either through the existing Joint Consultation Committee or through the creation
of a Departmental Career Development Consultation Committee. A consultation
committee as determined by the parties, may be established at the local,
regional or national level.
(b) The Departmental Consultation Committee shall be composed of mutually
agreeable numbers of Institute representatives and Employer representatives who
shall meet at mutually satisfactory times. Committee meetings shall normally be
held on the Employer's premises during working hours.
(c) Employees forming the continuing membership of the Departmental
Consultation Committees shall be protected against any loss of normal pay by
reason of attendance at such meetings with management, including reasonable
travel time where applicable.
(d) The Employer recognizes the use of such committees for the purpose of
providing information, discussing the application of policy, promoting
understanding and reviewing problems.
(e) It is understood that no commitment may be made by either party on a
subject that is not within their authority or jurisdiction, nor shall any
commitment made be construed as to alter, amend, add to or modify the terms of
this Agreement.
(a) In addition to consultation on career development at the departmental
level referred to in clause 18.06, the representatives of the Employer and
the Institute agree to establish a joint Institute/Treasury Board Career
Development Committee.
(b) In establishing this committee, it is understood by the parties that
Departments are responsible for the application of the policies related to
Career Development.
(c) It is understood that no commitment may be made by either party on a
subject that is not within their authority or jurisdiction, nor shall any
commitment made be construed as to alter, amend, add to or modify the terms of
this Agreement.
19.01 Under the following circumstances and subject to
clause 19.02, an employee shall receive severance benefits calculated on
the basis of his weekly rate of pay:
(a) Lay-Off
(i) On the first (1st) lay-off, two (2) weeks' pay for
the first (1st) 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 (2nd) 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 he was granted Severance Pay under
subparagraph 19.01(a)(i).
**
(b) Resignation
On resignation, subject to paragraph 19.01(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 and, in the case of a partial year
of continuous employment, one (1/2) week's pay multiplied by the number of days
of continuous employment divided by three hundred and sixty-five (365), 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 with a maximum benefit of
twenty-seven (27) weeks' pay.
(d) Retirement
On retirement, when an employee is entitled to an immediate annuity or to an
immediate annual allowance 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 (1) week's pay for each complete year
of continuous employment to a maximum 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 for reasons of incompetence, pursuant to the provisions of
section 11(2)(g) of the Financial Administration Act,
one (1) week's pay for each complete year of continuous employment
with a maximum benefit of twenty-eight (28) weeks.
**
19.02 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 19.01
be pyramided.
19.03 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 his certificate of appointment, immediately
prior to the termination of his employment.
Notwithstanding paragraph 19.01(b) above, an employee who resigns to
accept an appointment with an organization listed in Part II of
Schedule I of the Public Service Staff Relations Act 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.
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