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Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.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 Association, to set forth certain terms and conditions of employment relating to
remuneration, hours of work, employee benefits and general working conditions affecting employees covered by this
Agreement.
1.02 The parties to this Agreement share a desire to improve the quality of the Public Service of Canada to
maintain professional standards and to promote the well-being and increased efficiency of its employees to the end that
the people of Canada will be well and effectively served. Accordingly, they are determined to establish, within the
framework provided by law, an effective working relationship at all levels of the Public Service in which members of
the bargaining unit are employed.
2.01 For the purpose of this Agreement:
"allowance" means compensation payable for the performance of special or additional duties
(« indemnité »);
"Association" means the Social Science Employees Association (« Association »);
"bargaining unit" means all the employees of the Employer, classified as ES or SI, in the Economics and
Social Science Services Group, as described in the certificate issued by the PSSRB on the 19th day of
May, 1999 (« unité de négociation »);
**
"common-law partner": a "common-law partner", in relation to an individual, means a person who is cohabiting
with the individual in a conjugal relationship, having so cohabited for a period of at least one year (« conjoint de
fait »);
"compensatory leave" means leave with pay in lieu of cash payment for overtime,
travelling time
compensated at overtime rate, reporting pay and call-back. The duration of such leave will be equal to the time
compensated or the minimum time entitlement multiplied by the applicable overtime rate. The rate of pay to which an
employee is entitled during such leave shall be based on the employee's hourly rate of pay as calculated from the
classification prescribed in the employee's certificate of appointment on the day immediately prior to the day on which
leave is taken (« congé compensateur »);
"continuous employment" has the same meaning as specified in the Public Service Terms and Conditions of
Employment Regulations on the date of the signing of this Agreement (« emploi continu »);
"daily rate of pay" means an employee's weekly rate of pay divided by five (5) (« taux de rémunération
journalier »);
"day" means a twenty-four (24) hour period commencing at 00:01 hour (« jour »);
"day of rest" in relation to an employee means a day other than a holiday on which that employee is not
ordinarily required to perform the duties of his or her position other than by reason of being on leave or absent from
duty without permission (« jour de repos »);
"double time" means two (2) times the employee's hourly rate of pay (« tarif double »);
"employee" means a person who is a member of the bargaining unit (« employé ou employée »);
"Employer" means Her Majesty in right of Canada as represented by the Treasury Board, and includes any person
authorized to exercise the authority of the Treasury Board (« employeur »);
"headquarters area" has the same meaning as given to the expression in the Travel Directive (« zone
d'affectation »)
"holiday" (« jour férié ») means:
(a) the twenty-four (24)-hour period commencing at 00:01 hours of a day designated as a paid holiday in this
Agreement;
(b) however, for the purpose of administration of a shift that does not commence and end on the same day, such shift
shall be deemed to have been entirely worked:
(i) on the day it commenced where half (1/2) or more of the hours worked fall on that day,
or
(ii) on the day it terminates where more than half (1/2) of the hours worked fall on that day;
"hourly rate of pay" means a full-time employee's weekly rate of pay divided by 37.5 (« taux de rémunération
horaire »);
"lay-off" means the termination of an employee's employment because of lack of work or because of the
discontinuance of a function (« mise en disponibilité »);
"leave" means authorized absence from duty by an employee during his or her regular or normal hours of work
(« congé »);
"membership dues" means the dues established pursuant to the constitution of the Association as the dues
payable by its members as a consequence of their membership in the Association, and shall not include any initiation
fee, insurance premium, or special levy (« cotisations syndicales »);
"overtime" (« heures supplémentaires ») means:
(a) in the case of a full-time employee, authorized work in excess of the employee's scheduled hours of work,
or
(b) in the case of a part-time employee, authorized work in excess of seven and one-half (7 1/2) hours per day or
thirty-seven and one-half (37 1/2) hours per week, but does not include time worked on a holiday,
or
(c) in the case of a part-time employee whose normal scheduled hours of work are in excess of seven and one-half
(7 1/2) hours per day in accordance with the Variable Hours article (Appendix "B"), authorized work in excess of those
normal scheduled daily hours or in excess of an average of thirty-seven and one-half (37 1/2) hours per week;
"PSSRA" means the Public Service Staff Relations Act (« LRTFP »);
"PSSRB" means the Public Service Staff Relations Board (« CRTFP »);
"remuneration" means pay and allowances (« rémunération »);
**
"spouse" will when required be interpreted to include "common-law partner" except, for the purposes of the
Foreign Service Directives, the definition of "spouse" will remain as specified in Directive 2 of the Foreign Service
Directive (« époux »);
"straight-time rate" means the employee's hourly rate of pay (« tarif normal »);
"time and one-half" means one and one-half (1 1/2) times the employee's hourly rate of pay (« tarif et
demi »);
"weekly rate of pay" means an employee's annual rate of pay divided by 52.176 (« taux de rémunération
hebdomadaire »);
2.02 Except as otherwise provided in this Agreement, expressions used in this Agreement:
(a) if defined in the PSSRA, have the same meaning as given to them in the PSSRA,
and
(b) if defined in the Interpretation Act, but not defined in the PSSRA, have the same meaning as given
to them in the Interpretation Act.
3.01 The provisions of this Agreement apply to the Association, employees and the Employer.
3.02 Both the English and French texts of this Agreement shall be official.
3.03 In the French text, to ensure that the language of this agreement is gender neutral (with the exception
of clauses 21.03, 21.04 and 21.05 as well as articles 49 and 51), the words « employé » and « employée »
have been used in alternation from one article to another.
Unless otherwise expressly stipulated, the provisions of this agreement apply equally to male and female
employees.
4.01 Nothing in this Agreement shall be construed to require the Employer to do or refrain from doing
anything contrary to any instruction, direction or regulations given or made by or on behalf of the Government of
Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.
5.01 In the event that any law passed by Parliament, applying to employees covered by this Agreement, renders
null and void any provision of this Agreement, the remaining provisions of the Agreement shall remain in effect for the
term of this Agreement.
6.01 Except to the extent provided herein, this Agreement in no way restricts the authority of those charged
with managerial responsibilities in the Public Service.
7.01 The Employer recognizes the Association as the exclusive bargaining agent for all employees described in
the certificate issued by the PSSRB on the 19th day of May, 1999 covering employees of the Economics and
Social Science Services Group.
8.01 The Employer acknowledges the right of the Association to appoint or otherwise select employees as
representatives.
8.02 The Employer and the Association shall, by mutual agreement, determine the area to be serviced by each
representative.
8.03 The Association shall notify the Employer in writing of the name and jurisdiction of its representatives
identified pursuant to clause 8.02.
8.04 A representative shall obtain the permission of his or her immediate supervisor before leaving work to
investigate employee complaints, to meet with local management for the purpose of dealing with grievances and to attend
meetings called by management. Upon the resumption of the normal duties of the representative, he or she shall report
back to the supervisor, where practicable.
8.05 The Association will have the opportunity to have an employee representative introduced to new employees
as part of the Employer's formal orientation programs, where they exist.
9.01 Space on bulletin boards (including electronic bulletin boards where available) will be made available
to the Association for the posting of official Association notices, in convenient locations determined by the Employer.
The posting of notices or other material shall require the prior approval of the Employer, except notices of
Association business affairs and meetings, and Association elections, the names of the Association's representatives
and social and recreational events. The Employer reserves the right to refuse the posting of any information which it
considers adverse to its interests or to the interests of any of its representatives.
9.02 The Employer will also continue its present practice of making available to the Association specific
locations on its premises, and where it is practical to do so on vessels, for the placement of reasonable quantities of
literature of the Association.
9.03 A duly accredited representative of the Association may be permitted access to the Employer's premises,
which includes vessels, to assist in the resolution of a complaint or grievance and to attend meetings called by
management. Permission to enter the premises shall, in each case be obtained from the Employer. In the case of access
to vessels, the Association representative upon boarding any vessel must report to the Master, state his or her
business and request permission to conduct such business. It is agreed that these visits will not interfere with the
sailing and normal operation of the vessels.
9.04 The Association shall provide the Employer a list of such Association representatives and shall advise
promptly of any change made to the list.
10.01 The Employer will as a condition of employment deduct an amount equal to the amount of the membership
dues from the monthly pay of an employee.
10.02 The Association shall inform the Employer in writing of the authorized monthly deduction to be checked
off for each employee.
10.03 For the purpose of applying clause 10.01, deductions from pay for each employee in respect of each
calendar month will start with the first full calendar month of employment to the extent that earnings are
available.
10.04 An employee who satisfies the Employer to the extent that the employee satisfies in an affidavit that
he or she is a member of a religious organization whose doctrine prevents an employee as a matter of conscience from
making financial contributions to an employee organization and that the employee will make contributions to a
charitable organization registered pursuant to the Income Tax Act, equal to dues, shall not be subject to this
Article, provided that the affidavit submitted by the employee is countersigned by an official representative of the
religious organization involved. A copy of the affidavit will be provided to the Association.
10.05 No employee organization, as defined in Section 2 of the PSSRA, other than the Association,
shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of employees in
the bargaining unit.
10.06 The amounts deducted in accordance with clause 10.01 shall be remitted to the Association by cheque
within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each
employee and the deductions made on each employee's behalf.
10.07 The Employer agrees to continue the past practice of making deductions for other purposes on the basis
of the production of appropriate documentation.
10.08 The Association agrees to indemnify and save the Employer harmless against any claim or liability
arising out of the application of this Article, except for any claim or liability arising out of an error committed by
the Employer limited to the amount actually involved in the error.
11.01 The Employer agrees to provide the Association, on a quarterly basis, with a list of all employees in
the bargaining unit. The list referred to herein shall include the name, employing department, geographical location,
date of appointment to a particular position and classification of the employee and the employer will endeavour to
provide it normally within one (1) month following the termination of each quarter.
11.02 The Employer agrees to supply each employee with a copy of the Collective Agreement and will endeavour
to do so within one (1) month after receipt from the printer.
11.03 Upon written request of an employee, the Employer shall make available at a mutually satisfactory time
National Joint Council Agreements which form part of this collective agreement and which have a direct bearing on the
requesting employee's terms and conditions of employment.
12.01 If employees are prevented from performing their duties because of a strike or lock-out on the premises
of a provincial, municipal, commercial or industrial employer, the employees shall report the matter to the Employer,
and the Employer will make reasonable efforts to ensure that such employees are employed elsewhere, so that they shall
receive their regular pay and benefits to which they would normally be entitled.
13.01 Unless otherwise specified by the Employer as being in an area that could represent a conflict of
interest, employees shall not be restricted in engaging in other employment outside the hours they are required to work
for the Employer.
Complaints made to the PSSRB Pursuant to Section 23 of the PSSRA
14.01 When operational requirements permit, the Employer will grant leave with pay:
(a) to an employee who makes a complaint on his or her own behalf, before the PSSRB,
and
(b) to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Association
making a complaint.
Applications for Certification, Representations and Interventions with respect to Applications for
Certification
14.02 Where operational requirements permit, the Employer will grant leave without pay:
(a) to an employee who represents the Association in an application for certification or in an intervention,
and
(b) to an employee who makes personal representations with respect to a certification.
14.03 The Employer will grant leave with pay:
(a) to an employee called as a witness by the PSSRB,
and
(b) when operational requirements permit, to an employee called as a witness by an employee or the Association.
Arbitration Board, Conciliation Board Hearings and Alternate Dispute Resolution
14.04 When operational requirements permit, the Employer will grant leave with pay to a reasonable number of
employees representing the Association before an Arbitration Board, Conciliation Board or in an Alternate Dispute
Resolution Process.
14.05 The Employer will grant leave with pay to an employee called as witness by an Arbitration Board,
Conciliation Board or in an Alternate Dispute Resolution Process and, when operational requirements permit, to an
employee called as a witness by the Association.
Adjudication
14.06 When operational requirements permit, the Employer will grant leave with pay to an employee who is:
(a) a party to the adjudication,
(b) the representative of an employee who is a party to an adjudication,
and
(c) a witness called by an employee who is a party to an adjudication.
Meetings During the Grievance Process
14.07 Where operational requirements permit, the Employer will grant to an employee:
(a) where the Employer originates a meeting with the employee who has presented the grievance, leave with pay when
the meeting is held in the headquarters area of the employee and on duty status when the meeting is held outside the
employee's headquarters area,
and
(b) where an employee who has presented a grievance seeks to meet with the Employer, leave with pay to the employee
when the meeting is held in the headquarters area of such employee and leave without pay when the meeting is held
outside the headquarters area of such employee.
14.08 Where an employee wishes to represent, at a meeting with the Employer, an employee who has presented a
grievance, the Employer will arrange the meeting having regard to operational requirements, and will grant leave with
pay to the representative when the meeting is held in the representative's headquarters area and leave without pay when
the meeting is held outside the representative's headquarters area.
14.09 Where an employee has asked or is obliged to be represented by the Association in relation to the
presentation of a grievance and an employee acting on behalf of the Association wishes to discuss the grievance with
that employee, the employee and the representative of the employee will, where operational requirements permit, be
given reasonable leave with pay for this purpose when the discussion takes place in his or her headquarters area and
reasonable leave without pay when it takes place outside his or her headquarters area.
Contract Negotiations Meetings
14.10 Where operational requirements permit, the Employer will grant leave without pay to a reasonable number
of employees for the purpose of attending contract negotiation meetings on behalf of the Association.
Preparatory Contract Negotiations Meetings
14.11 Where operational requirements permit, the Employer will grant leave without pay to a reasonable number
of employees to attend preparatory contract negotiations meetings.
Meetings Between the Association and Management Not Otherwise Specified in this Article
14.12 Where operational requirements permit, the Employer will grant leave with pay to a reasonable number of
employees who are meeting with management on behalf of the Association.
14.13 Subject to operational requirements, the Employer shall grant leave without pay to a reasonable number
of employees to attend meetings of the Association and organizations to which the Association is affiliated.
Representatives' Training Courses
14.14 Where operational requirements permit, the Employer will grant leave without pay to employees who
exercise the authority of a representative on behalf of the Association to undertake training related to the duties of
a representative.
Employment Relations Meetings, Inquiries or Seminars
14.15 Where operational requirements permit and when the subject matter is related to the terms and
conditions of employment of the employees in the bargaining unit, an employee may be granted leave without pay by the
Employer to appear at public meetings, inquiries or seminars on behalf of the Association provided the employee can
prove that his or her attendance has been sanctioned by the Association.
Leave for election or appointment to Association position
14.16 The Employer will grant leave of absence without pay to an employee who is elected or appointed to a
full-time position of the Association within one month after notice is given to the Employer of such election or
appointment by the Association. The duration of such leave shall be for the period the employee holds such office.
15.01 The PSSRA provides penalties for engaging in illegal strikes. Disciplinary action may also be
taken, which will include penalties up to and including discharge, for participation in an illegal strike as defined in
the PSSRA.
16.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any
disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national
origin, religious affiliation, sex, sexual orientation, family status, mental or physical disability, membership or
activity in the union, marital status or a conviction for which a pardon has been granted.
16.02
(a) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the
complaint.
(b) If by reason of 16.02(a) a level in the grievance procedure is waived, no other level shall be waived except by
mutual agreement.
16.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with
discrimination. The selection of the mediator will be by mutual agreement.
17.01 The Association and the Employer recognize the right of employees to work in an environment free from
sexual harassment and agree that sexual harassment will not be tolerated in the work place.
17.02
(a) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the
complaint.
(b) If by reason of 17.02(a) a level in the grievance procedure is waived, no other level shall be waived except by
mutual agreement.
17.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with
sexual harassment. The selection of the mediator will be by mutual agreement.
18.01 Nothing in this Agreement shall be construed to impair in any manner whatsoever the authority of the
Master.
18.02 The Master may, whenever he or she deems it advisable, require any employee to participate in lifeboat
or other emergency drills without the payment of overtime.
18.03 Any work necessary for the safety of the vessel, passengers, crew or cargo shall be performed by all
employees at any time on immediate call and, notwithstanding any provisions of this Agreement which might be construed
to the contrary, in no event shall overtime be paid for work performed in connection with such emergency duties of
which the Master shall be the sole judge.
18.04 When an employee suffers loss of clothing or personal effects (those which can reasonably be expected
to accompany the employee aboard the ship) because of marine disaster or shipwreck, the employee shall be reimbursed
the value of those articles up to a maximum of one thousand ($1,000) dollars based on replacement cost.
18.05
(a) An employee shall submit to the Employer a full inventory of his or her personal effects and shall be
responsible for maintaining it in a current state.
(b) An employee or the employee's estate making a claim under this Article shall submit to the Employer reasonable
proof of such loss, and shall submit an affidavit listing the individual items and values claimed.
19.01 An employee is entitled, once in each fiscal year, to be informed upon request, of the balance of his
or her vacation and sick leave credits.
19.02
(a) When an employee becomes subject to this Agreement, his or her earned daily leave credits shall be converted
into hours. 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 clause 21.02, Bereavement Leave with Pay, a "day" will mean a calendar day.
(d) The amount of leave with pay credited to an employee by the Employer at the time when this Agreement is signed,
or at the time when the employee becomes subject to this Agreement, shall be retained by the employee.
19.03 An employee shall not be granted two (2) different types of leave with pay at the same time
19.04 An employee is not entitled to leave with pay during any period which the employee is on leave without
pay, on education leave or under suspension.
19.05 In the event of termination of employment for reasons other than death or lay-off, the Employer shall
recover from any monies owed the employee an amount equivalent to unearned vacation and sick leave taken by the
employee, as calculated from the classification prescribed in the employee's certificate of appointment on the date of
the termination of the employee's employment.
19.06 An employee shall not earn leave credits under this collective agreement in any month for which leave
has already been credited to him or her under the terms of any other collective agreement to which the Employer is a
party or under other rules or regulations of the Employer.
19.07 Except as otherwise specified in this agreement, where leave without pay for a period in excess of
three (3) months is granted to an employee, the total period of leave granted shall be deducted from "continuous
employment" for the purpose of calculating severance pay and from "service" for the purpose of calculating vacation
leave.
ARTICLE 20
DESIGNATED PAID HOLIDAYS
20.01 Subject to clause 20.02, the following days shall be designated paid holidays for employees:
(a) New Year's Day
Good Friday
Easter Monday
the day fixed by proclamation of the Governor in Council for celebration of the Sovereign's Birthday
Canada Day
Labour Day
the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving
Remembrance Day
Christmas Day
Boxing Day,
**
(b) one additional day in each year that, in the opinion of the Employer, is recognized to be a territorial,
provincial or civic holiday in the area in which the employee is employed or, in any area where, in the opinion of the
Employer, no such additional day is recognized as a provincial or civic holiday, the first Monday in August,
(c) one additional day when proclaimed by an Act of Parliament as a national holiday.
20.02 An employee absent without pay on both his or her full working day immediately preceding and his or her
full working day immediately following a designated holiday is not entitled to pay for the holiday, except in the case
of an employee who is granted leave without pay under the provisions of Article 14, Leave For Association Business.
20.03 When a day designated as a paid holiday under clause 20.01 coincides with an employee's day of rest,
the holiday shall be moved to the employee's first normal working day following the employee's day of rest.
20.04 When a day designated as a paid holiday for an employee is moved to another day under the provisions of
clause 20.03:
(a) work performed by an employee on the day from which the holiday was moved shall be considered as worked
performed on a day of rest,
and
(b) work performed by an employee on the day to which the holiday was moved, shall be considered as work performed
on a holiday.
20.05 When an employee works on a holiday, he or she shall be paid:
(a)
(i) time and one-half (1 1/2) for all hours worked up to the regular daily scheduled hours of work as specified by
this Agreement, and double (2) time thereafter, in addition to the pay that the employee would have been granted had he
or she not worked on the holiday,
or
(ii) When an employee works on a holiday following a day of rest on which the employee also worked and received
overtime in accordance with paragraph 28.11(b) of this Agreement, the employee shall be paid in addition to the pay
that the employee would have been granted had the employee not worked on the holiday, two (2) times his or her hourly
rate of pay for all time worked.
(b) upon request, and with the approval of the Employer, the employee may be granted:
(i) a day of leave with pay (straight-time rate of pay) at a later date in lieu of the holiday,
and
(A) pay at one and one-half (1 1/2) times the straight-time rate of pay for all hours worked up to the regular daily
scheduled hours of work as specified by this Agreement,
and
(B) pay at two (2) times the straight-time rate of pay for all hours worked by him or her on the holiday in excess
of the regular daily scheduled hours of work as specified by this Agreement,
or
(ii) if an employee worked on a holiday following a day of rest on which he or she also worked and received overtime
in accordance with paragraph 28.11(b) of this Agreement:
(A) a day of leave with pay (straight-time rate of pay) at a later date in lieu of the holiday,
and
(B) pay at two (2) times the straight-time rate of pay for all hours worked by him or her on the holiday.
(c)
(i) Subject to operational requirements and adequate advance notice, the employer shall grant lieu days at such
times as the employee may request.
(ii) When in a fiscal year an employee has not been granted all of his or her lieu days as requested by him or her,
at the employee's option, such lieu days shall be paid off at his or her straight-time rate of pay or carried over for
one year. In all other cases unused lieu days shall be paid off at the employee's straight-time rate of pay.
(iii) The straight-time rate of pay referred to in 20.05(c)(ii) shall be the rate in effect when the lieu day was
earned.
20.06 When an employee is required to report for work and reports on a designated holiday, the employee shall
be paid the greater of:
(a) compensation in accordance with the provisions of clause 20.05;
or
(b) three (3) hours pay at the applicable overtime rate of pay.
20.07 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work
location other than the employee's normal place of work, time spent by the employee reporting to work or returning to
his or her residence shall not constitute time worked.
20.08 Where a day that is a designated holiday for an employee coincides with a day of leave with pay, that
day shall count as a holiday and not as a day of leave.
20.09 Where operational requirements permit, the Employer shall not schedule an employee to work both
December 25 and January 1 in the same holiday season.
(a) After the completion of one (1) year's continuous employment in the Public Service, and providing an employee
gives the Employer at least five (5) days' notice, the employee shall be granted five (5) days' marriage leave with pay
for the purpose of getting married.
(b) For an employee with less than two (2) years of continuous employment, in the event of termination of employment
for reasons other than death or lay-off within six (6) months after the granting of marriage leave, an amount equal to
the amount paid the employee during the period of leave will be recovered by the Employer from any monies owed the
employee.
**
For the purpose of this clause, immediate family is defined as father, mother (or alternatively stepfather,
stepmother, or foster parent), brother, sister, spouse (including common-law partner resident with the employee), child
(including child of common-law partner), stepchild or ward of the employee, grand-parent, grandchild, father-in-law,
mother-in-law, and relative permanently residing in the employee's household or with whom the employee permanently
resides.
**
(a) When a member of the employee's immediate family dies, an employee shall be entitled to a bereavement period of
five (5) consecutive calendar days which must include the day of the funeral. During such period the employee shall be
paid for those days which are not regularly scheduled days of rest for the employee. In addition, the employee may be
granted up to three (3) days' leave with pay for the purpose of travel related to the death.
(b) An employee is entitled to one (1) day's bereavement leave with pay for the purpose related to the death of his
or her son-in-law, daughter-in-law, brother-in-law or sister-in-law.
(c) If, during a period of vacation leave, sick leave or compensatory leave, an employee is bereaved in
circumstances under which he or she would have been eligible for bereavement leave with pay under paragraph (a) or (b)
of this clause, the employee shall be granted bereavement leave with pay and his or her vacation leave, sick leave or
compensatory leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.
(d) It is recognized by the parties that the circumstances which call for leave in respect of bereavement are based
on individual circumstances. On request, the deputy head of a department may, after considering the particular
circumstances involved, grant leave with pay for a period greater or in a manner other than that provided for in
paragraphs 21.02(a) and (b).
(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 17 weeks.
(c) The extension described in paragraph (b) shall end not later than fifty-two (52) weeks after the termination
date of pregnancy.
(d) The Employer may require an employee to submit a medical certificate certifying pregnancy.
(e) An employee who has not commenced maternity leave without pay may elect to:
(i) use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates;
(ii) use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions
set out in Article 22, Sick Leave With Pay. For purposes of this subparagraph, the terms
"illness" or
"injury" used in Article 22, Sick Leave With Pay, shall include medical disability related to pregnancy.
(f) An employee shall inform the Employer in writing of her plans for taking leave with and without pay to cover her
absence from work due to the pregnancy at least four (4) weeks in advance of the initial date of continuous leave of
absence during which termination of pregnancy is expected to occur unless there is a valid reason why the notice cannot
be given.
(g) Leave granted under this clause shall be counted for the calculation of "continuous employment" for the purpose
of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave
shall be counted for pay increment purposes.
**
Transitional Provision for 21.04
If, on the date of signature of the Memorandum of Agreement modifying the provisions of clause 21.04, 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 paragraph (c) to (i), provided that
she:
(i) has completed six (6) months of continuous employment before the commencement of her maternity leave without
pay,
(ii) provides the Employer with proof that she has applied for and is in receipt of pregnancy benefits pursuant to
Section 22 of the Employment Insurance Act in respect of insurable employment with the Employer,
and
(iii) has signed an agreement with the Employer stating that:
(A) she will return to work on the expiry date of her maternity leave without pay unless the return to work date is
modified by the approval of another form of leave;
**
(B) following her return to work, as described in section (A), she will work for a period equal to the period she
was in receipt of the maternity allowance;
**
(C) should she fail to return to work in accordance with section (A), or should she return to work but fail to work
for the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of
work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the
obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation
Act, she will be indebted to the Employer for an amount determined as follows:
|
(allowance received)
|
X
|
(remaining period to be worked following her
return to work)
|
| |
|
[ total period to be
worked as specified in (B)]
|
however, an employee whose specified period of employment expired and who is rehired by the same department within a
period of five days or less is not indebted for the amount if her new period of employment is sufficient to meet the
obligations specified in section (B).
**
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods
of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the
period referred to in section (a)(iii)(B), without activating the recovery provisions described in section
(a)(iii)(C).
(c) Maternity allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance
pregnancy benefits, ninety-three per cent (93%) of her weekly rate of pay for each week of the waiting period, less any
other monies earned during this period,
and
(ii) for each week that the employee receives a pregnancy benefit pursuant to Section 22 of the Employment
Insurance Act, the difference between the gross weekly amount of the Employment Insurance pregnancy benefit she is
eligible to receive and ninety-three per cent (93%) of her weekly rate of pay less any other monies earned during this
period which may result in a decrease in Employment Insurance benefits to which she would have been eligible if no
extra monies had been earned during this period.
(d) At the employee's request, the payment referred to in subparagraph 21.04(c)(i) will be estimated and advanced to
the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance pregnancy
benefits.
(e) The maternity allowance to which an employee is entitled is limited to that provided in paragraph (c) and an
employee will not be reimbursed for any amount that she may be required to repay pursuant to the Employment
Insurance Act.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of
maternity leave without pay,
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the
six (6) month period preceding the commencement of maternity leave, the rate obtained by multiplying the weekly rate of
pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time
earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for her
substantive level to which she is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the
commencement of maternity leave without pay an employee has been on an acting assignment for at least four (4) months,
the weekly rate shall be the rate she was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of the maternity
allowance, the allowance shall be adjusted accordingly.
(j) Maternity allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred
remuneration or severance pay.
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in subparagraph 21.04(a)(ii) solely because a concurrent
entitlement to benefits under the Disability Insurance (DI) Plan, the Long-term Disability (LTD) Insurance portion of
the Public Service Management Insurance Plan (PSMIP) or the Government Employees Compensation Act
prevents her from receiving Employment Insurance pregnancy benefits,
and
(ii) has satisfied all of the other eligibility criteria specified in paragraph 21.04(a), other than those specified
in sections (A) and (B) of subparagraph 21.04(a)(iii),
shall be paid, in respect of each week of maternity allowance not received for the reason described in
subparagraph (i), the difference between ninety-three per cent (93%) of her weekly rate of pay and the gross amount of
her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation
Act.
(b) An employee shall be paid an allowance under this clause and under clause 21.04 for a combined period of no more
than the number of weeks during which she would have been eligible for pregnancy benefits pursuant to Section 22 of the
Employment Insurance Act had she not been disqualified from Employment Insurance pregnancy benefits for the
reasons described in subparagraph (a)(i).
**
Transitional Provision for 21.06 and 21.07
If, on the date of signature of the Memorandum of Agreement modifying the provisions of clauses 21.06 and 21.07, 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 partner), the employee shall, upon request, be granted parental leave without pay for a single period
of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period beginning on the day on which the child
is born or the day on which the child comes into the employee's care.
**
(b) Where an employee commences legal proceedings under the laws of a province to adopt a child or obtains an order
under the laws of a province for the adoption of a child, the employee shall, upon request, be granted parental leave
without pay for a single period of up to thirty-seven (37) consecutive weeks in the fifty-two week (52) period
beginning on the day on which the child comes into the employee's care.
(c) Notwithstanding 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 partner), 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/her parental leave without pay, unless the return to
work date is modified by the approval of another form of leave;
**
(B) Following his or her return to work, as described in section (A), the employee will work for a period equal to
the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in
section 21.04 (a)(iii)(B), if applicable;
**
(C) should he or she fail to return to work in accordance with section (A) or should he or she return to work but
fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to
lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to
meet the obligations specified in section (B), or having become disabled as defined in the Public Service
Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows:
|
(allowance received)
|
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 days or less is not indebted for the amount if his or her new period of employment is sufficient to meet
the obligations specified in section (B).
**
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods
of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the
period referred to in section (a)(iii)(B), without activating the recovery provisions described in section
(a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental
benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other
monies earned during this period;
(ii) 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 or she is eligible to receive and
ninety-three per cent (93%) of his or her weekly rate of pay less any other monies earned during this period which may
result in a decrease in Employment Insurance benefits to which he or she would have been eligible if no extra monies
had been earned during this period;
(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 21.07(c)(i) will be estimated and advanced to
the employee. Adjustments will be made once the employee provides proof of receipt of EI parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an
employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment
Insurance Act.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of
maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full time and part-time basis during the
six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by
multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight
time earnings by the straight time earnings the employee would have earned working full time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the
substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the
commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months,
the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance,
the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred
remuneration or severance pay.
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in subparagraph 21.07(a)(ii) solely because a concurrent
entitlement to benefits under the Disability Insurance (DI) Plan, the Long-term Disability (LTD) Insurance portion of
the Public Service Management Insurance Plan (PSMIP) or via the Government Employees Compensation Act prevents
the employee from receiving Employment Insurance parental benefits,
and
(ii) has satisfied all of the other eligibility criteria specified in paragraph 21.07(a), other than those specified
in sections (A) and (B) of subparagraph 21.07(a)(iii),
shall be paid, in respect of each week of benefits under the parental allowance not received for the reason
described in subparagraph (i), the difference between ninety-three per cent (93%) of the employee's rate of pay and the
gross amount of his weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees
Compensation Act.
(b) An employee shall be paid an allowance under this clause and under clause 21.07 for a combined period of no more
than the number of weeks during which the employee would have been eligible for parental benefits pursuant to
Section 23 of the Employment Insurance Act, had the employee not been disqualified from Employment Insurance
parental benefits for the reasons described in subparagraph (a)(i).
**
Transitional provisions for 21.09
This clause is applicable to employees who have been and have proceeded on leave on or after the date of signature
of this agreement.
An employee who, on the date of signature of this agreement, is on Leave Without Pay for the Care and Nurturing of
Pre-School Age Children (clause 21.09) or on Leave Without Pay for the Long-Term Care of a Parent (clause 21.16) under
the terms of the agreement expired on 21 June 2000, continues on that leave for the approved duration or until the
employee's return to work, if the employee returns to work before the end of the approved leave.
An employee who becomes a member of the bargaining unit on or after the date of signature of this agreement and who
is on Leave Without Pay for the Care and Nurturing of Pre-School Age Children or on Leave Without Pay for the Long-Term
Care of a Parent under the terms of another agreement, continues on that leave for the approved duration or until the
employee's return to work, if the employee returns to work before the end of the approved leave.
All leave granted under Leave Without Pay for the Care and Nurturing of Pre-School Age Children or under Leave
Without Pay for the Long-Term Care of a Parent under the terms of other agreements will not count towards the
calculation of the maximum amount of time allowed for Care of Immediate Family during an employee's total period of
employment in the Public Service.
**
Subject to operational requirements, an employee shall be granted leave without pay for the care of immediate family
in accordance with the following conditions:
(a) For the purpose of this clause, family is defined as spouse (or common-law partner resident with the employee),
children (including foster children or children of spouse or common-law partner) parents (including stepparents or
foster parent) or any relative permanently residing in the employee's household or with whom the employee permanently
resides.
(b) Subject to paragraph (a), up to five (5) years leave without pay during an employee's total period of employment
in the Public Service may be granted for the personal long-term care of the employee's family. Leave granted under this
paragraph shall be for a minimum period of three (3) weeks.
(c) An employee shall notify the Employer in writing as far in advance as possible but not less than four (4) weeks
in advance of the commencement date of such leave, unless, because of urgent or unforeseeable circumstances, such
notice cannot be given.
Leave without pay will be granted for personal needs in the following manner:
(a) Subject to operational requirements, leave without pay for a period of up to three (3) months will be granted to
an employee for personal needs. Leave granted under this clause shall be counted for the calculation of continuous
employment for the purpose of calculating severance pay and service for the purpose of calculating vacation leave. Time
spent on such leave shall be counted for pay increment purposes.
(b) Subject to operational requirements, leave without pay for more than three (3) months but not exceeding
one (1) year will be granted to an employee for personal needs.
(c) An employee is entitled to leave without pay for personal needs only once for a period of up to three (3) months
and only once for a period of more than three (3) months but not exceeding one (1) year 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 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.
(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 partner resident with the employee),
dependent children (including foster children and children of spouse or common-law partner), parents (including
step-parents or foster parents), or any relative permanently residing in the employee's household or with whom the
employee permanently resides.
(b) The Employer shall grant leave with pay under the following circumstances:
**
(i) up to one (1) day for a medical or dental appointment when the family member is incapable of attending the
appointments by himself of herself, or for appointments with appropriate authorities in schools or adoption agencies.
An employee is expected to make reasonable efforts to schedule medical or dental appointments for family members to
minimize his or her absence from work. An employee requesting leave under this provision must notify his or her
supervisor of the appointment as far in advance as possible;
(ii) to provide for the temporary care of a sick member of the employee's family;
(iii) to provide for the immediate and temporary care of an elderly member of the employee's family;
**
(iv) two (2) day's leave with pay for needs directly related to the birth or to the adoption of the employee's
child. This leave may be divided into two (2) periods and granted on separate days.
(c) The total leave with pay which may be granted under sub-paragraphs (b)(i), (ii), (iii) and (iv) shall not exceed
five (5) days in a fiscal year.
Leave with pay shall be granted to every employee, who is required:
(a) to serve on a jury or to be available for jury selection;
and
(b) by subpoena or summons to attend as a witness in any proceeding held:
(i) in or under the authority of a court of justice or before a grand jury,
(ii) before a court, judge, justice, magistrate or coroner,
(iii) before the Senate or House of Commons of Canada or a committee of the Senate or House of Commons otherwise
than in the performance of the duties of the employee's position,
(iv) before a legislative council, legislative assembly or house of assembly, or any committee thereof that is
authorized by law to compel the attendance of witnesses before it,
and
(v) before an arbitrator or umpire or a person or body of persons authorized by law to make an inquiry and to compel
the attendance of witnesses before it.
An employee shall be granted 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 his or her 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 his or her 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 by the employee for loss of
wages in settlement of any claim he or she may have in respect of such injury, sickness or exposure.
Where an employee participates in a personnel selection process, including the appeal process where applicable, for
a position in the Public Service, as defined in the PSSRA, the employee is entitled to leave with pay for the
period during which the employee's presence is required for purposes of the selection process, and for such further
period as the Employer considers reasonable for the employee to travel to and from the place where his or her presence
is so required. This clause applies equally in respect of the personnel selection processes related to deployment.
At its discretion, the Employer may grant:
(a) leave with pay when circumstances not directly attributable to the employee prevent his or her reporting for
duty. Such leave shall not be unreasonably withheld;
(b) leave with or without pay for purposes other than those specified in this Agreement.
|
