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Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
List of Changes to the Agreement
between the Treasury Board and The
Social Science Employees Association -
Economics and Social Science Services
ARTICLE 2
INTERPRETATION AND DEFINITIONS
2.01
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"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 »);
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"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 »);
ARTICLE 20
DESIGNATED PAID HOLIDAYS
20.01
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(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,
ARTICLE 21
OTHER LEAVE WITH OR WITHOUT PAY
21.02 Bereavement Leave With Pay
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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.
**
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.
21.04 Maternity Allowance
(a)
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(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;
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(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:
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(allowance received)
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X
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(remaining period to be worked following her
return to work)
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[ total period to be
worked as specified in (B)]
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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).
**
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.
21.06 Parental Leave Without Pay
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(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.
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(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.
**
(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.
21.07 Parental Allowance
(a)
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(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:
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(allowance received)
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X
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(remaining period to be worked following
his/her return to work)
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[ total period to be
worked as specified in (B)]
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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).
**
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.
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21.09 Leave Without Pay for the Care of Immediate Family
Subject to operational requirements, an employee shall be granted leave without pay for the care of immediate family
in accordance with the following conditions:
(a) For the purpose of this clause, family is defined as spouse (or common-law partner resident with the employee),
children (including foster children or children of spouse or common-law partner) parents (including stepparents or
foster parent) or any relative permanently residing in the employee's household or with whom the employee permanently
resides.
(b) Subject to paragraph (a), up to five (5) years leave without pay during an employee's total period of employment
in the Public Service may be granted for the personal long-term care of the employee's family. 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.
21.12 Leave With Pay for Family-Related Responsibilities
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(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)
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(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;
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(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.
ARTICLE 24
VACATION LEAVE WITH PAY
Accumulation of Vacation Leave Credits
24.02
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(c) As of 22 June 2002, thirteen decimal seven five (13.75) hours at the employee's straight-time hourly rate
commencing with the month in which the anniversary of the employee's sixteenth (16th) year of service
occurs;
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(f) as of 22 June 2002, sixteen decimal eight seven five (16.875) hours at the employee's straight-time hourly rate
commencing with the month in which the anniversary of the employee's twenty-seventh (27th) year of service
occurs;
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(g) seventeen decimal five (17.5) hours at the employee's straight-time hourly rate commencing with the month in
which the anniversary of the employee's twenty-eight (28th) year of service occurs;
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Carry-Over of Vacation Leave
24.07
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(a) Employees with leave credits in excess of two hundred and sixty-two decimal five (262.5) hours either on 31
March 2000 or upon becoming a member of the bargaining unit.
(i) An employee who as of 31 March 2000, had accumulated annual leave in excess of two hundred and sixty-two decimal
five (262.5) hours, shall liquidate the excess annual leave at a rate of twenty per cent (20%) in each subsequent
vacation year, until all leave in excess of two hundred and sixty-two decimal five (262.5) hours has been
eliminated.
(ii) In the case of an individual who became or becomes a member of the bargaining unit after 31 March 2000, and who
has, at the end of the vacation year during which he or she became a member, accumulated annual leave in excess of two
hundred and sixty-two decimal five (262.5) hours, he or she shall liquidate the excess annual leave at a rate of twenty
per cent (20%) in each subsequent vacation year, until all leave in excess of two hundred and sixty-two decimal five
(262.5) hours has been eliminated.
(iii) In calculating the amount to be liquidated under (i) or (ii), should the calculation result in a fraction of
an hour, that number shall be rounded to the nearest half-hour.
(iv) An employee subject to (i) or (ii) who has not, at the end of the vacation year, used the excess annual
vacation leave required to be liquidated shall be paid in cash at the employee's daily rate of pay as calculated from
the classification prescribed in the employee's certificate of appointment of the employee's substantive position on
the last day of the vacation year, for that portion of the twenty per cent (20%) of excess annual leave which was not
used.
(v) An employee liquidating leave under (i) or (ii), shall use before the end of the vacation year, all vacation
leave earned within a vacation year, or it will be paid in cash at the employee's daily rate of pay as calculated from
the classification prescribed in the employee's certificate of appointment of the employee's substantive position on
the last day of the vacation year.
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(b) Employees with leave credits not in excess of two hundred and sixty-two decimal five (262.5) hours either on 31
March 2000 or upon becoming a member of the bargaining unit.
An employee who has earned vacation leave credits which have not been used, shall carry over into the following
vacation year earned but unused vacation leave credits up to a maximum of two hundred and sixty-two decimal five
(262.5) hours. All vacation leave credits in excess of two hundred and sixty-two decimal five hours (262.5) shall be
paid in cash at the employee's daily rate of pay as calculated from the classification prescribed in the employee's
certificate of appointment of the employee's substantive position on the last day of the vacation year.
ARTICLE 28
HOURS OF WORK AND OVERTIME
28.13 Meal Allowance
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(a) Effective the date of signing, an employee who works three (3) or more hours of overtime immediately before or
immediately following his or her scheduled hours of work, and who has not been notified of the requirement prior to the
end of last scheduled work period, shall be reimbursed for one meal in the amount of nine dollars and fifty cents
($9.50), except where free meals are provided.
**
(b) Effective the date of signing, when an employee works overtime continuously extending four (4) hours or more
beyond the period provided in (a) above, the employee shall be reimbursed for one additional meal in the amount of nine
dollars and fifty cents ($9.50), except where free meals are provided.
ARTICLE 33
SHIFT PREMIUMS
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33.01 Shift Premium
An employee working on shifts, half or more of the hours of which are regularly scheduled between 4:00 p.m. and 8:00
a.m., will receive a shift premium of one dollar and seventy-five cents ($1.75) per hour for all hours worked,
including overtime hours, between 4:00 p.m. and 8:00 a.m. The shift premium will not be paid for hours worked between
8:00 a.m. and 4:00 p.m.
**
33.02 Weekend Premium
(a) Employees shall receive an additional premium of one dollar and seventy-five cents ($1.75) per hour for work on
a Saturday and/or Sunday for hours worked as stipulated in (b) below;
(b) weekend premium shall be payable in respect of all regularly scheduled hours at straight-time rates worked on
Saturday and/or Sunday.
ARTICLE 35
DISCIPLINE
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35.01 When an employee is required to attend a meeting on disciplinary matters, the employee is entitled to
have, at his or her request, a representative of the Association attend the meeting. Where practicable, the employee
shall receive in writing a minimum of one (1) working day's notice of such a meeting, as well as its purpose.
ARTICLE 39
NATIONAL JOINT COUNCIL AGREEMENTS
39.03
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(29) Public Service Health Care Plan
During the term of this Collective Agreement, other directives, policies or regulations may be added to the above
noted list.
ARTICLE 53
DURATION
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53.01 This collective agreement shall expire on 21 June 2003.
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