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Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.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 establish and maintain harmonious relationships between
the Employer, the Local and the employees and to set forth herein the terms and conditions of employment upon which
agreement has been reached through collective bargaining.
1.02 The parties to this Agreement share a desire to improve the quality and to increase the
efficiency of the electronics field in the Public Service of Canada, to promote the well-being of its employees and to
provide safe and efficient services to the public.
2.01 For the purpose of this Agreement:
(a) "Local" means Local 2228 of the International Brotherhood of Electrical Workers;
(b) "allowance" means compensation payable for the performance of special or additional duties;
**
(c) "bargaining unit" means the employees of the Employer in the Electronics Group, as described in
the certificate issued by the Public Service Staff Relations Board on the 7th day of March 1969, amended on
the 11th day of May 1999;
(d) "continuous employment" has the same meaning as specified in the Public Service Terms and
Conditions of Employment Regulations;
(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 holiday on which
that employee is not ordinarily required to perform the duties of his/her position other than by reason of his/her
being on leave of absence;
(g) "employee" means an employee as described in the Public Service Staff Relations Act,
and who is a member of the bargaining unit;
(h) "Employer", except as specifically provided in Article 22, 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;
(i) "designated holiday" means:
- in the case of a shift that does not commence and end on the same day, the twenty-four (24) hour period commencing
from the time at which the shift commenced on a day designated as a holiday in this Agreement,
- in any other case the twenty-four (24) hour period commencing at 00:00 hours of a day designated as a holiday in
this Agreement;
(j) "lay-off" means an employee whose employment has been terminated because of lack of work or
because of the discontinuance of a function;
(k) "leave of absence" means permission to be absent from duty;
(l) "membership dues" means the dues established pursuant to the By-laws of the Local as the dues
payable by its members as a consequence of their membership in the Local, and shall not include any initiation fee,
insurance premium, or special levy;
(m) "remuneration" means pay and allowances;
(n) "weekly rate of pay" means an employee's annual rate of pay divided by 52.176;
(o) "straight-time hourly rate" means an employee's weekly rate of pay divided by thirty-seven and
one-half (37 1/2);
(p) "premium" means an amount of money paid under a specific provision of this Agreement, or time
off in lieu of such payment, other than any payment made in respect of overtime, and which is payable in addition to
and not as part of the compensation paid an employee for the performance of the regular duties of his/her position;
(q) "passenger" means an employee on but not assigned to duties aboard the means of transport;
(r) "operating employee" means an employee whose hours of work are normally scheduled on a rotating
shift basis and/or whose regular duties at his/her normal work place, include the actual in situ maintenance of
electronic equipment that must be continually available beyond the hours of 06:00 to 18:00 local time;
and
(s) "non-operating employee" means an employee whose hours of work are not normally scheduled on a
rotating shift basis and whose regular duties, at his/her normal work place, do not include the actual in situ
maintenance of electronic equipment that must be continually available beyond the hours of 0600 to 1800 local time.
- If any dispute or difficulty arises in the application of the definitions (r) and (s), the matter shall be referred
to the parties who will convene an appropriate forum to attempt to resolve or dispose of such dispute or
difficulty.
- In the event the parties are unable to resolve or dispose of the matter any grievance subsequently presented shall
begin at the Final level of the grievance procedure in accordance with 39.09.
(t) "leave with pay" means an authorized absence from work during which an employee continues to
receive his/her straight-time hourly rate of pay and such other benefits which he/she receives solely because he/she is
in receipt of pay;
(u) "shift cycle" means a period of time in which a certain number and types of shifts and days of
rest are arranged in sequence and scheduled. At the end of such period of time the process repeats.
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.
2.03 Throughout this agreement, words importing the masculine gender include the feminine
gender.
3.01 The provisions of this Agreement apply to the Local, employees and the Employer.
4.01 Both English and French texts of this Agreement shall be official.
5.01 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.
6.01 If any law now in force or enacted during the term of this Agreement renders null and void any
provision of this Agreement, the remaining provisions shall remain in effect for the term of the Agreement. The parties
shall thereupon seek to negotiate substitute provisions which are in conformity with the applicable law.
7.01 The Local recognizes and acknowledges that the Employer has and shall retain the exclusive
right and responsibility to manage its operation in all respects including, but not limited to, the following:
(a) to plan, direct and control operations; to determine methods, processes, equipment and other operating matters;
to determine the location of facilities and the extent to which these facilities or parts thereof shall operate;
(b) to direct the working forces including the right to decide on the number of employees, to organize and assign
work, to schedule shifts and maintain order and efficiency, to discipline employees including suspension and discharge
for just cause;
and it is expressly understood that all such rights and responsibilities not specifically covered or modified by
this Agreement shall remain the exclusive rights and responsibilities of the Employer.
7.02 Such rights will not be exercised in a manner inconsistent with the express provisions of this
Agreement.
**
8.01 The Employer recognizes the Local Union 2228 International Brotherhood of Electrical Workers as
the exclusive bargaining agent for all employees described in the certificate issued by the Public Service Staff
Relations Board on the 7th day of March 1969, amended on the 11th day of May 1999.
8.02 The Local shall notify the Employer promptly and in writing of the names of its
representatives, the respective dates of their appointment and the names, if any, of those representatives who are
being replaced or discontinued.
8.03 The Employer recognizes and acknowledges that the employee has and shall retain the exclusive
right to conduct his/her personal affairs outside the hours during which he/she is discharging his/her duties to the
Employer.
Each employee recognizes that such affairs shall not be conducted in a manner inconsistent with the express
provisions of this Agreement nor in such a manner as would detrimentally affect the Employer or the Public Service of
Canada.
The above is subject to Section 32 of the Public Service Employment Act.
9.01 Where there is a conflict between this Collective Agreement and any regulation except as
provided under Section 56(2) of the Public Service Staff Relations Act this Agreement shall take precedence
over the said regulation.
10.01 The Employer acknowledges the right of the Local to appoint a reasonable number of Stewards,
having regard to the plan of organization, the dispersement of employees at the work place, and the administrative
structure implied in the grievance procedure.
0.02 A Steward, or authorized representative, shall obtain the permission of his/her immediate
supervisor before leaving his/her work to investigate complaints or grievances and to meet with local management for
the purpose of dealing with these matters and to attend meetings called by management. Such permission shall not be
unreasonably withheld. Where practicable the Steward or authorized representative shall report back to his/her
supervisor before resuming his/her normal duties.
10.03 The Local recognizes that employees who are representatives of the Local have regular duties
to perform in connection with their work for the Employer.
11.01 The Employer agrees that accredited union representatives may be granted access to the
Employer's premises upon request and following the consent of the Employer. Such request shall be made in writing to
the local officer-in-charge where time permits and orally in other cases.
11.02 Such consent shall not be unreasonably withheld.
12.01 The Employer will as a condition of employment deduct an amount equal to the membership dues
from the monthly pay of all employees in the bargaining unit.
12.02
(a) The Local shall inform the Employer in writing of the authorized monthly deduction to be checked off for each
employee defined in clause 12.01.
(b) Any adjustment to an individual's dues deduction, other than as provided in 12.07, or a general dues adjustment,
shall be made annually within sixty (60) days after the receipt by the Union of the "all employee list" as provided in
clause 13.01.
12.03 For the purpose of applying clause 12.01, deductions from pay for each employee in respect of
each month will start with the first full month of employment to the extent that earnings are available.
12.04 An employee who satisfies the Employer to the extent that he/she declares in an affidavit
that he/she is a member of a religious organization registered pursuant to the Income Tax Act, whose doctrine
prevents him/her as a matter of conscience from making financial contributions to an employee organization and that
he/she will make contributions to a charitable organization equal to dues, shall not be subject to this Article,
provided that the affidavit submitted by the employee shows the registered number of the religious organization and is
countersigned by an official representative of the religious organization involved.
12.05 No employee organization, as defined in Section 2 of the Public Service Staff Relations
Act, other than the Local, shall be permitted to have membership dues and/or other monies deducted by the Employer
from the pay of employees in the bargaining unit.
12.06 The amounts deducted in accordance with clause 12.01 shall be remitted to the Financial
Secretary of the Union 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 his/her behalf.
12.07 The Employer agrees to continue the past practice of making deductions for group life
insurance on the basis of the production of appropriate documentation. The Employer will not be liable for informing
employees when their Group Life coverage is affected because of lack of sufficient earnings to cover deductions or
because of transfers between Bargaining Units.
Should there evolve a requirement for deductions other than above, the parties agree to discuss the matter and where
the need is mutually recognized endeavour to implement the necessary change.
12.08 The Local 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.
13.01 The Employer will provide the Union with an updated "all employee list" twice a year to
reflect January and July condition as soon as practicable after January and July. The list will contain the name, level
and, to the extent possible, the location of each employee in the Electronics Group. The Employer will also provide the
Union on a semi-annual basis in April and October, a list of new employees and their level assigned to the Electronics
Group and a list of employees who have left the Group.
13.02 The Employer agrees to make available to each employee a copy of the Collective Agreement and
Letters of Intent for his/her retention.
13.03 An employee, upon written request, shall be entitled to a copy of his/her job description,
the level of the position and the point rating allotted by factor.
14.01 The Employer may permit the Local to use the Employer's premises outside the working hours of
the employees for conducting meetings of their members, where refusal to grant permission would make it difficult for
the Local to convene a meeting. The Local shall insure the orderly and proper conduct of its members who attend such
meetings and agrees to be responsible for leaving facilities in good order after use.
**
14.02
The Employer may provide a private area, if and where available, for the Local's shop steward to be able to conduct
his/her duties as a local representative.
14.03 Bulletin Boards
Reasonable space on Bulletin Boards will be made available to the Local for the posting of official Local notices.
Such boards will be placed in convenient locations as determined by the Employer. Notices or other material shall
require the prior approval of the Employer, except notices of meetings to their members and elections, of the meetings
of Local representatives, or social and recreational affairs.
15.01 Public Service Staff Relations Board Hearings
(a) Complaints Made to the Public Service Staff Relations Board Pursuant to Section 23 of the Public
Service Staff Relations Act
Where operational requirements permit, the Employer will grant leave with pay:
- (i) to an employee who makes a complaint on his/her own behalf, and
- (ii) to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of an employee
organization making a complaint.
(b) Applications for Certification, Representations and Interventions With Respect to Applications for
Certification
Where operational requirements permit, the Employer will grant leave without pay:
- (i) to an employee who represents the Local in an application for certification or in an intervention, and
- (ii) to an employee who makes personal representations in opposition to a certification.
(c) Employee Called as a Witness
The Employer will grant:
- (i) leave with pay to an employee called as a witness by the Public Service Staff Relations Board, and
- (ii) where operational requirements permit, leave with pay to an employee called as a witness by an employee or the
Local.
15.02 Arbitration Board and Conciliation Board Hearings
(a) Where operational requirements permit, the Employer will grant leave with pay to an employee representing the
Local before an Arbitration Board or Conciliation Board.
(b) Employee Called as a Witness
The Employer will grant leave with pay to an employee called as a witness by an Arbitration Board or Conciliation
Board and, where operational requirements permit, leave with pay to an employee called as a witness by the Local.
15.03 Adjudication
(a) Employee Who is a Party
Where operational requirements permit, the Employer will grant to an employee who is a party, leave with pay.
(b) Employee Who Acts as Representative
Where operational requirements permit, the Employer will grant leave with pay to the representative of an employee
who is a party.
(c) Employee Called as a Witness
Where operational requirements permit, the Employer will grant leave with pay to a witness called by an employee who
is a party.
15.04 Contract Negotiations Meetings
Where operational requirements permit, the Employer will grant leave without pay to an employee for the purpose of
attending contract negotiations meetings on behalf of the Local.
15.05 Preparatory Contract Negotiations Meetings
Where operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees
to attend preparatory contract negotiations meetings.
15.06 Meetings Between Employee Organizations and Management
Where operational requirements permit, the Employer will grant time off with pay to a reasonable number of employees
who are meeting with management on behalf of the Local.
15.07 Employee Organization Executive Board Meetings, Congress Conventions and National Union
Committees
Where operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees
to attend Executive Board meetings, Labour conventions and National Union Committees.
15.08 Stewards' Training Courses
Where operational requirements permit, the Employer will grant leave without pay to employees who are officers or
who exercise the authority of a steward on behalf of the Local to undertake training related to such duties.
15.09 Leave Status
Where the status of leave requested cannot be determined until the Public Service Staff Relations Board or an
Adjudicator has given a decision, leave without pay will be granted pending final determination of the appropriate
leave status.
16.01 When operational requirements permit, the Employer will grant leave of absence without pay to
an employee elected to a full-time office of the Local. The duration of such leave shall be for the period the employee
holds such office.
16.02 When operational requirements permit, the Employer will grant leave of absence without pay to
an employee appointed to a position within the Local and who serves at the pleasure of an elected Officer of the
Local.
16.03 All leave granted under this Article shall be deducted from the calculation of "continuous
employment" for the purpose of calculating severance pay for the employee involved.
17.01 The vacation year extends from April 1 to March 31 coinciding with the fiscal year.
**
17.02 Accumulation of Vacation Leave
Effective Date of Signing
An employee who has earned at least ten (10) days' pay for each calendar month of a fiscal year shall earn vacation
leave of:
(a) fifteen (15) working days per fiscal year for an employee who has completed up to eight (8) years of
service;
(b) twenty (20) working days per fiscal year if he/she has completed eight (8) years of service;
(c) twenty-three (23) working days per fiscal year if he/she has completed seventeen (17) years of service;
(d) twenty-five (25) working days per fiscal year if he/she has completed eighteen (18) years of service except that
an employee who has received or is entitled to receive furlough leave shall accumulate twenty (20) working days only
per fiscal year in his/her twenty-first (21st), twenty-second (22nd), twenty-third (23rd), twenty-fourth (24th) and
twenty-fifth (25th) year of service;
(e) twenty-eight (28) working days per fiscal year if he/she has completed twenty-eight (28) years of service;
(f) thirty (30) working days per fiscal year if he/she has completed twenty-nine (29) years of service;
(g) vacation leave provided under 17.02 (a), (b), (c), (d), (e), and (f) above, which is in excess of fifteen (15),
twenty (20), twenty-three (23), twenty-five (25) or twenty-eight (28) days per fiscal year respectively shall be
granted on a pro rata basis during the fiscal year in which the employee completes the required years of service.
(h)
- For the purpose of clause 17.02 only, all service within the Public Service, whether continuous or discontinuous,
shall count toward vacation leave except where a person who, on leaving the Public Service, takes or has taken
severance pay. However, the above exception shall not apply to an employee who receives severance pay on lay-off and is
reappointed to the Public Service within one year following the date of lay-off.
- (ii) Notwithstanding (i) above, an employee who was a member of the bargaining unit on December 20, 1989, or an
employee who became a member of the bargaining unit between December 20, 1989 and June 30, 1991, 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.
17.03 An employee who has not earned at least ten (10) days' pay for each calendar month of a
fiscal year will earn vacation leave at one-twelfth (1/12) of the rate referred to in clause 17.02 for each calendar
month for which he/she receives at least ten (10) days' pay. No employee shall as a result of transfer or temporary
assignment into the bargaining unit earn a double entitlement for annual leave in the same month.
17.04 An employee is entitled to vacation leave with pay to the extent of his/her 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.
17.05 At the beginning of each fiscal year an employee will be credited with his/her entitled
vacation leave in anticipation of his/her working and/or receiving pay for the following twelve (12) months.
17.06 To ensure that all concerned have information on vacation planning for the upcoming fiscal
year, representatives of the Local shall be given the opportunity to consult with the Employer no later than April 1.
During such consultation the proposed vacation schedule for the upcoming year may be reviewed in light of previous
experience. Further consultation in respect of leave planning may be scheduled as the need arises.
17.07 An employee's vacation shall normally be taken in the fiscal year in which he/she becomes
eligible for it. The Employer shall, subject to the operational requirements of the service, make every reasonable
effort:
(a) to schedule an employee's vacation leave for at least two (2) consecutive weeks, if so requested by the employee
not later than May 1st;
(b) to give next priority to periods of vacation for which a request is made by employees prior to June 1st;
(c) subject to (a) and (b) above, to schedule an employee's vacation leave at a time acceptable to him;
(d) after October 1st and after consultation with the employee, to assign him/her available vacation periods if the
Employer has been unable to schedule vacation during the periods preferred by the employee or if the employee has not
filed with the Employer his/her vacation preference by October 1st;
(e) to permit an employee to use at an agreed time in the following vacation year, any unused vacation credits
earned by him/her in the current vacation year, provided that the employee has filed by October 1st a request in
writing which includes his/her reason(s) for such request. Approval of such requests will be limited to exceptional
circumstances which would require a vacation period of longer consecutive duration than that to which the employee
would be entitled in the following vacation year, and which can be accommodated having regard to the projected vacation
entitlements of others for the time requested. However, if the circumstances warrant, consideration will be given to
requests which, while not entailing a longer consecutive duration, do entail a longer period of vacation than the
employee would otherwise have available in that year;
(f) to comply with an employee's request that he/she be permitted to take vacation leave of five (5) or more days in
accordance with the shift schedule so as to provide for the employee's normal days of rest immediately preceding and
following the period of vacation leave.
17.08
(a) When operational requirements prevent an employee from receiving all the vacation leave credited to him/her, the
unused portion of his/her vacation leave shall be carried over into the following fiscal year. Carry-over beyond one
(1) year shall be by mutual consent.
(b) Upon application by the employee and with the approval of the Employer earned but unused vacation leave credits
carried forward from previous fiscal years shall be compensated at the employee's daily rate of pay as calculated from
the classification prescribed in the employee's certificate of appointment of his/her substantive position
on March 31st.
17.09 When a day that is a designated holiday for an employee falls within a period of vacation
leave with pay, the holiday shall not count as a day of vacation leave.
17.10 Where, in respect of any period of vacation leave, an employee is granted sick leave with
pay, on production of a medical certificate, the sick leave granted shall be substituted for vacation leave.
l7.11 Where in respect of any period of vacation leave or a combination of vacation leave and lieu
days, circumstances arise which necessitate examination leave in accordance with clause 18.11, the leave taken shall be
substituted for vacation leave and/or lieu days.
17.12 An employee shall not be required to return to duty during any period of vacation leave.
When, during any period of vacation leave, an employee is requested to return to duty and reports as requested
he/she shall be reimbursed for reasonable expenses, as normally defined by the Employer, that he/she incurs:
(a) in proceeding to his/her place of duty,
and
(b) in returning to the place from which he/she was recalled if he/she immediately resumes vacation upon completing
the assignment for which he/she was recalled,
after submitting such accounts as are normally required by the Employer.
The employee shall not be considered as being on vacation leave during any period in respect of which he/she is
entitled to be reimbursed for reasonable expenses incurred by him/her by virtue of this clause.
17.13 Cancellation of Vacation
When an employee's approved vacation leave is cancelled before he/she is due to commence such vacation leave, the
employee will be reimbursed reasonable expenses incurred due to cancellation.
The employee will make every reasonable attempt to mitigate any losses incurred and will provide proof of such
action to the Employer.
17.14 When an employee dies or otherwise ceases to be employed after a period of continuous
employment of not more than six (6) months, he/she or his/her estate shall, in lieu of earned vacation leave, be paid
an amount equal to four per cent (4%) of the total of the pay and compensation for overtime received by the employee
during his/her period of employment.
17.15 Subject to clause 17.16 when an employee dies or otherwise ceases to be employed, after a
period of continuous employment of more than six (6) months, the employee or his/her estate shall, in lieu of earned
but unused vacation or furlough leave, be paid an amount equal to the product obtained by multiplying the number of
days of earned but unused vacation or furlough leave by the daily rate of pay applicable to the employee immediately
prior to the termination of his/her employment.
17.16 An employee whose employment is terminated by reason of a declaration that he/she abandoned
his/ her position is not entitled to receive the payment referred to in clause 17.15 unless he/she requests it within
six (6) months following the date upon which his/her employment is terminated.
17.17 When the employment of an employee who has been granted more vacation leave with pay than
he/she has earned is terminated by death, the employee is considered to have earned the amount of leave with pay
granted to him/her.
17.18 When the employment of an employee who has been granted more vacation leave with pay than
he/she has earned is terminated by lay-off, the employee is considered to have earned the amount of leave with pay
granted to him/her if at the time of his/her lay-off, the employee has completed two (2) or more years of continuous
employment.
17.19 An employee is entitled, once in each fiscal year, to be informed, upon request, of the
balance of his/her vacation leave with pay credits. In addition, as soon as possible after the end of fiscal year, an
employee shall be informed in writing of the balance of his/her vacation leave with pay credits as of March 31st.
17.20 The amount of vacation leave with pay already credited to an employee by the Employer at the
time this Agreement is signed shall be retained by the employee.
The amount of vacation leave with pay credited to a person by the Employer at the time that person joins the
bargaining unit after the effective date of this Agreement shall be retained by that person.
17.21 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 his/her 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.
17.22 The Employer agrees to issue advance payments of estimated net salary for vacation periods of
two (2) or more complete weeks, provided a written request for such advance payment is received from the employee at
least six (6) weeks prior to the last pay day before the employee's vacation period commences.
Providing the employee has been authorized to proceed on vacation leave for the period concerned, pay in advance of
going on vacation shall be made prior to departure. Any overpayments in respect of such pay advances shall be an
immediate first charge against any subsequent pay entitlements and shall be recovered in full prior to any further
payment of salary.
17.23 Notwithstanding clauses 17.14 and 17.15, 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.
18.01
(a) In respect of any request for leave under this Article, the employee may be required by the Employer to provide
satisfactory validation of the circumstances necessitating such requests.
(b) A statement, written on or accompanying the leave form, signed by the employee describing the reason for the
leave shall normally satisfy the requirements of sub-clause 18.01(a).
**
18.02 Bereavement Leave With Pay
For the purpose of this clause, immediate family is defined as father, mother, (or alternatively stepfather,
stepmother, foster parent or former guardian of the employee), brother, sister, spouse, child or ward of the employee,
father-in-law, mother-in-law, step-brother, step-sister, grandchild or a relative permanently residing in the
employee's household or with whom the employee permanently resides.
(a) When a member of his/her immediate family dies, and the employee attends the funeral, the employee shall be
entitled to bereavement leave with pay for a period of up to three (3) consecutive normally scheduled working days and
the period of such leave shall encompass the day of the funeral. In addition, when necessary, the employee may be
granted for the purpose of related travel up to three (3) calendar days' leave with no reduction in his/her weekly rate
of pay.
(b) An employee is entitled to bereavement leave with pay for up to one (1) day to attend the funeral of his/her
grandparent, son-in-law, daughter-in-law, brother-in-law, sister-in-law, or in the event of the death of any member of
the immediate family in (a) above when the employee is not attending the funeral.
(c) It is recognized by the parties that the circumstances which call for leave in respect of bereavement are based
on individual circumstances. On request, the Deputy Head of a department may, after considering the particular
circumstances involved, grant leave with pay for a period greater than that provided for in sub-clause 18.02(a) and
(b).
(d) Where in respect of any period of vacation leave or a combination of vacation leave and lieu days, circumstances
arise which necessitate bereavement leave in accordance with clause 18.02, the leave taken shall be substituted for
vacation leave and/or lieu days.
18.03 Maternity Leave without Pay
(a)
(i) An employee who becomes pregnant shall, upon request, be granted maternity leave without pay for a period
beginning before, on or after the termination date of pregnancy and ending not later than seventeen (17) weeks after
the termination date of pregnancy.
**
(A) Notwithstanding sub-clause (a)(i) above:
(1) where the employee has not yet proceeded on maternity leave without pay and her newborn child is
hospitalized,
or
(2) 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 sub-clause (a)(i) above may be extended beyond the date falling
seventeen (17) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the
child's hospitalization during which the employee was not on maternity leave, to a maximum of seventeen (17) weeks.
(B) The extension described in sub-clause (a)(i)(A) above shall end not later than fifty-two (52) weeks after the
termination date of pregnancy.
**
(ii) The Employer may require an employee to submit a medical certificate certifying pregnancy.
(iii) An employee who has not commenced maternity leave without pay may elect to:
(A) use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates;
(B) use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions
set out in the Sick Leave With Pay Article. For purposes of this clause, illness or injury as defined in the Sick Leave
Article shall include medical disability related to pregnancy.
**
(b) An employee shall inform the Employer in writing of her plans for taking leave with and without pay to cover her
absence from work due to the pregnancy at least four (4) weeks in advance of the initial date of continuous leave of
absence during which termination of pregnancy is expected to occur unless there is a valid reason why the notice cannot
be given.
(c) Leave granted under this clause shall be counted for the calculation of "continuous employment" for the purpose
of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave
shall be counted for pay increment purposes.
18.04 Maternity Allowance
(a) An employee who has been granted maternity leave without pay shall be paid a maternity
allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in 18.04(b),
provided that she:
(i) has completed six (6) months of continuous employment before the commencement of her maternity leave without
pay;
(ii) provides the Employer with proof that she has applied for and is in receipt of Employment Insurance (EI)
pregnancy benefits pursuant to Section 22 of the Employment Insurance Act in
respect of insurable employment with the Employer;
and
**
(iii) has signed an agreement with the Employer stating that
- (A) she will return to work on the expiry date of her maternity leave without pay unless 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).
**
(iv) 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).
(b) Maternity allowance payments made in accordance with the SUB Plan will consist of the following:
(i)
(A) where an employee is subject to a waiting period of two (2) weeks before receiving EI maternity
benefits, ninety-three per cent (93%) of her weekly rate of pay for each week of the waiting period, less any other
monies earned during this period;
and
- (B) for each week that the employee receives a pregnancy benefit pursuant to Section 22 of the Employment
Insurance Act , the difference between the gross weekly amount of the EI benefit she is eligible to receive and
ninety-three per cent (93%) of her weekly rate of pay less any other monies earned during the period
which may result in a decrease in Employment Insurance benefits to which the employee would have been eligible if no
extra monies had been earned during this period.
**
(ii) at the employee's request, the payment referred to in (b)(i)(A) will be estimated and
advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance
pregnancy benefits.
(iii) the maternity allowance to which an employee is entitled is limited to that provided in (i) and an employee
will not be reimbursed for any amount that she may be required to repay pursuant to the Employmnet Insurance
Act.
(iv) the weekly rate of pay referred to in sub-clause 18.04(b)(i) shall be:
- (A) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement
of maternity leave without pay;
(B) for an employee who has been employed on a part-time or on a combined full time and part-time basis during the
six (6) month period preceding the commencement of maternity leave, the rate obtained by multiplying the weekly rate of
pay in (A) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the
employee would have earned working full time during such period.
- (A) The weekly rate of pay referred to in (iv) shall be the rate to which the employee is entitled for her
substantive level to which she is appointed.
(B) Notwithstanding (v)(A), and subject to (iv)(B), if on the day immediately preceding the commencement of
maternity leave without pay an employee has been on an acting assignment for at least four (4) months, the weekly rate
shall be the rate she was being paid on that day.
(v) Where an employee becomes eligible for a pay increment or pay revision while in receipt of the maternity allowance,
the allowance shall be adjusted accordingly.
(vi) Maternity allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred
remuneration or severance pay.
18.05 Special Maternity Allowance for Totally-Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in sub-clause 18.04(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 sub-clause 18.04(a), other than those
specified in sections (A) and (B) of sub-clause 18.04(a)(iii);
shall be paid, in respect of each week of maternity allowance not received for the reason described in 18.05(a)(i),
the difference between ninety-three per cent (93%) of her weekly rate of pay and the gross amount of her weekly
disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.
(b) An employee shall be paid an allowance under this clause and under clause 18.04 for a combined period of no more
than the number of weeks during which she would have been eligible for pregnancy benefits pursuant to Section 22 of the
EI Act had she not been disqualified from EI maternity benefits for the reasons described in
sub-clause 18.05(a)(i) above.
**
Transitional Provisions
If, on the date of signature of the Memorandum of Agreement modifying the provisions of clauses 18.03, 18.04 and
18.05, 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 these clauses. Any
application must be received before the termination date of the leave period originally requested.
**
18.06 Parental Leave Without Pay
(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.
18.07 Parental Allowance
(a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance
with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in 18.07(b) below, providing he or
she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay;
(ii) provides the Employer with proof that he or she has applied for and is in receipt of 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 18.04(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)
(A) 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.
(B) For each week in respect of which the employee receives EI parental benefits pursuant to Section 23 of the
Employment Insurance Act, the difference between the gross amount of the Employment Insurance parental
benefits he or she is initially eligible to receive and ninety-three per cent (93%) of his or her weekly rate of pay,
less any other 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.
**
(ii) At the employee's request, the payment referred to in sub-clause 18.07(c)(i)(A) will be
estimated and advance to the employee. Adjustments will be made once the employee provides proof of receipt of EI
parental benefits.
(iii) The parental allowance to which an employee is entitled is limited to that provided in (i) and an employee
will not be reimbursed for any amount that he or she is required to repay pursuant to the EI Act.
(iv) The weekly rate of pay referred to in sub-clause 18.07(c)(i) shall be:
(A) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of
maternity or parental leave without pay;
(B) for an employee who has been employed on a part-time or on a combined full time and part-time basis during the
six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by
multiplying the weekly rate of pay in (A) by the fraction obtained by dividing the employee's straight time earnings by
the straight time earnings the employee would have earned working full time during such period.
(v) The weekly rate of pay referred to in sub-clause (iv) shall be the rate to which the employee is entitled for
the substantive level to which she or he is appointed.
(vi) Notwithstanding (v), and subject to (iv)(B), if on the day immediately preceding the commencement of parental
leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be
the rate the employee was being paid on that day.
(vii) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance,
the allowance shall be adjusted accordingly.
(viii) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred
remuneration or severance pay.
18.08 Special Parental Allowance for Totally Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in sub-clause 18.07(a)(ii) solely because a concurrent
entitlement to benefits under the Disability Insurance (DI) Plan, the Long-term Disability (LTD) Insurance portion of
the Public Service Management Insurance Plan (PSMIP) or via the Government Employees Compensation Act prevents
the employee from receiving EI parental benefits;
and
(ii) has satisfied all of the other eligibility criteria specified in sub-clause 18.07(a);
shall be paid, in respect of each week of benefits under the parental allowance not received for the reason
described in 18.08(a)(i), the difference between ninety-three per cent (93%) of the employee's rate of pay and the
gross amount of his or her weekly disability benefit under the DI Plan, the LTD Plan or via the Government
Employees Compensation Act.
(b) An employee shall be paid an allowance under this clause and under Clause 18.07 for a combined period of no more
than the number of weeks during which the employee would have been eligible for parental benefits pursuant to
Section 23 of the EI Act, had the employee not been disqualified from EI parental benefits for the reasons
described in sub-clause 18.08(a)(i) above.
**
Transitional Provisions
If, on the date of signature of the Memorandum of Agreement modifying the provisions of clauses 18.06, 18.07 and
18.08, 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.
18.09 Leave Without Pay for the Care and Nurturing of Pre-School Age Children
Subject to operational requirements, an employee shall be granted leave without pay for the care and nurturing of
the employee's pre-school age children in accordance with the following conditions:
(a) an employee shall notify the Employer in writing four (4) weeks in advance of the commencement date of such
leave;
(b) leave granted under this clause shall be for a minimum period of six (6) weeks;
(c) the total leave granted under this clause shall not exceed five (5) years during an employee's total period of
employment in the Public Service;
(d) leave granted under this clause for a period of more than three (3) months shall be deducted from the
calculation of "continuous employment" for the purposes of calculating severance pay and from the calculation of
"service" for the purposes of calculating vacation leave;
(e) time spent on such leave shall not be counted for pay increment purposes.
18.10 Leave Without Pay for Family-Related Needs
Leave without pay will be granted for family-related 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 family-related 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 family-related needs.
(c) An employee is entitled to leave without pay for family-related needs only once under each of (a) and (b) of
this clause during his/her total period of employment in the Public Service. Leave without pay granted under this
clause may not be used in combination with maternity, paternity or adoption leave without the consent of the
Employer.
(d) Leave granted under (a) of this clause shall be counted for the calculation of "continuous employment" for the
purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such
leave shall be counted for pay increment purposes.
(e) Leave without pay granted under (b) of this clause shall be deducted from the calculation of "continuous
employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave
for the employee involved. Time spent on such leave shall not be counted for pay increment purposes.
18.11 Leave Without Pay for Relocation of Spouse
(a) At the request of an employee, leave without pay for a period of up to one (1) year shall be granted to an
employee whose spouse is permanently relocated and up to five (5) years to an employee whose spouse is temporarily
relocated.
(b) Leave without pay granted under this clause shall be deducted from the calculation of "continuous employment"
for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave for the
employee involved except where the period of such leave is less than three (3) months. Time spent on such leave which
is for a period of more than three (3) months shall not be counted for pay increment purposes.
18.12 Leave With Pay for Family-Related Responsibilities
(a) For the purpose of this clause, family is defined as spouse (or common-law spouse resident with the employee),
dependent children (including children of legal or common-law spouse), parents (including step-parents or foster
parents), or any relative permanently residing in the employee's household or with whom the employee permanently
resides.
(b) The Employer shall grant leave with pay under the following circumstances:
- (i)
- (A) up to one-half (1/2) day for a medical or dental appointment when the dependent family member is incapable of
attending the appointment by himself/herself, or for appointments with appropriate authorities in schools or adoption
agencies;
- (B) up to one (1) day for a medical or dental appointment when the dependent family member is incapable of
attending the appointment by himself/herself, and when the required treatment is not available locally and additional
travel time is needed;
- (C) An employee requesting leave under this provision must notify his/her supervisor of the appointment as far in
advance as possible.
**
- (ii) to provide for the immediate and temporary care of a sick member of the employee's family and to provide an
employee with time to make alternative care arrangements where the illness is of a longer duration;
**
- (iii) to provide for the immediate and temporary care of an elderly member of the employee's family;
- (iv) 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;
- (v) 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-clause (b)(i), (ii), (iii), (iv) and (v) shall not exceed
five (5) days in a fiscal year.
18.13 Court Leave With Pay
Leave with pay shall be given to every employee, other than an employee already on leave without pay, on education
leave, or under suspension who is required:
(a) to be available for jury selection;
(b) to serve on a jury;
or
(c) by subpoena or summons to attend as a witness in any proceeding except one to which an employee is a party,
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 his/her 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.
(d) If, during the performance of his/her normal duties, an incident arises which results in a court action
requiring the employee's attendance in court either as a plaintiff or defendant, the employee will be given the
necessary leave with pay to attend court.
18.14 Personnel Selection Leave With Pay
Where an employee participates in a personnel selection process, including appeal process, for a position in the
Public Service, as defined in the Public Service Staff Relations Act, the employee is entitled to leave of
absence with pay for the period during which the employee's presence is required for purposes of the selection process,
including appeal process, and for such further period as the Employer considers reasonable for the employee to travel
to and from the place where his/her presence is so required. This clause applies equally in respect of the personnel
selection process related to deployment.
18.15 Injury-on-duty-Leave With Pay
An employee shall be granted injury-on-duty leave with pay for such reasonable period as may be determined by the
Employer where it is determined by a Provincial Workmen's Compensation Board that the employee is unable to perform
his/her duties because of:
(a) personal injury accidentally received in the performance of his/her duties and not caused by the employee's
wilful misconduct,
(b) sickness resulting from the nature of his/her employment,
or
(c) exposure to hazardous conditions in the course of his/her employment,
if the employee agrees to pay to the Receiver General of Canada any amount received by him/her for loss of wages in
settlement of any claim the employee may have in respect of such injury, sickness or exposure.
18.16 Leave With or Without Pay for Other Reasons
(a) At its discretion, the Employer may grant leave with pay for purposes other than those specified in this
agreement including civil defence exercises and emergencies affecting the community or place of work.
(b) At its discretion, the Employer may grant leave without pay for purposes other than those specified in this
Agreement including upgrading of formal educational qualifications, enrolment in the Canadian Armed Forces, and
election to a full-time municipal office.
(c) Leave with pay may be granted an employee when circumstances not directly attributable to the employee prevent
him/her reporting to work, from a location that may be considered a normal residential location for a person working at
the employee's worksite (typical of that in which other Public Service employees working at the same worksite reside),
or remaining on duty. Such leave shall not be unreasonably denied.
18.17 Except as otherwise specified in this collective agreement, periods of leave without pay in
excess of three (3) months shall not be counted as "continuous employment" for the purpose of calculating severance pay
and vacation leave. Time spent on such leave shall not be counted for pay increment purposes.
19.01 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 he/she receives pay for at least ten (10) days.
19.02 An employee is eligible for sick leave with pay when he/she is unable to perform his/her
duties because of illness or injury provided that:
(a) he/she has the necessary sick leave credits,
and
(b) he/she satisfies the Employer of this condition in such manner and at such time as may be determined by the
Employer.
19.03 An employee is not eligible for sick leave with pay during any period in which he/she is on
leave of absence without pay or under suspension.
**
19.04 Unless otherwise informed by the Employer, a statement signed by the employee stating that
because of illness or injury he/she was unable to perform his/her duties shall, when delivered to the Employer, be
considered as meeting the requirements of sub-clause 19.02(b).
19.05 Where an employee has insufficient or no credits to cover the granting of sick leave with pay
under the provisions of clause 19.02, sick leave with pay may, at the discretion of the Employer, be granted:
(a) for a period of up to twenty-five (25) days if the employee is awaiting a decision on an application for
injury-on-duty leave,
or
(b) for a period of up to fifteen (15) days if the employee has not submitted an application for injury-on-duty
leave
subject to the deduction of such advanced leave from any sick leave credits subsequently earned.
19.06 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.
19.07 The Employer agrees that an employee recommended for termination from employment under
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 could have utilized his/her accumulated sick leave
credits.
19.08 When the employment of an employee who has been granted more sick leave with pay than he/she
has earned is terminated by death, the employee is considered to have earned the amount of leave with pay granted to
him/her.
19.09 When the employment of an employee who has been granted more sick leave with pay than he/she
has earned is terminated by lay-off, the employee is considered to have earned the amount of leave with pay granted to
him/her if at the time of his/her lay-off, he/she has completed two (2) or more years of continuous employment.
19.10 In the event of termination of employment for reasons other than death or lay-off, recovery
will be made of any advance of sick leave from monies owed the employee.
19.11 An employee is entitled, twice in each fiscal year, to be informed, upon request, of the
balance of his/her sick leave with pay credits. In addition, as soon as possible after the end of each fiscal year, an
employee shall be informed in writing of the balance of his/her sick leave with pay credits as of
March 31st.
19.12 The amount of sick leave with pay already credited to an employee by the Employer at the time
this Agreement is signed shall be retained by the employee.
The amount of sick leave with pay credited to a person by the Employer at the time that person joins the bargaining
unit after the effective date of this Agreement shall be retained by that person.
20.01 Agreements concluded by the National Joint Council of the Public Service on items which may
be included in a collective agreement, and which the parties to this agreement have endorsed after December 6, 1978,
will form part of this collective agreement, subject to the Public Service Staff Relations Act (PSSRA) and any
legislation by Parliament that has been or may be, as the case may be, established pursuant to any Act specified in
Schedule III of the PSSRA.
20.02 NJC items which may be included in a collective agreement are those items which the parties
to the NJC agreements have designated as such or upon which the Chairman of the Public Service Staff Relations Board
has made a ruling pursuant to (c) of the NJC Memorandum of Understanding which become effective December 6, 1978.
20.03 The following directives, policies or regulations, as amended from time to time by National
Joint Council recommendation and which have been approved by the Treasury Board of Canada, form part of this Collective
Agreement:
(1) Foreign Service Directives;
(2) Travel Policy Directive;
(3) Refusal to Work Directive;
(4) Isolated Posts Directives;
(5) Uniforms Directive;
(6) First Aid Allowance Directive;
(7) Living Accommodation Charges;
(8) First Aid to General Public Allowance for Employees;
(9) Memorandum of Understanding on Definition of Spouse;
(10) Relocation Directive;
(11) Commuting Assistance Directive;
(12) Bilingual Bonus;
(13) Boilers and Pressure Vessels Directive;
(14) Dangerous Substances Directive;
(15) Electrical Directive;
(16) Elevating Devices Directive;
(17) First Aid Safety and Health Directive;
(18) Tools and Machinery Directive;
(19) Hazardous Confined Spaces Directive;
(20) Committees and Representatives Directive;
(21) Materials-Handling Safety Directive;
(22) Motor Vehicle Operations Directive;
(23) Noise Control and Hearing Conservation Directive;
(24) Personal Protective Equipment and Clothing Directive;
(25) Pesticides Directive;
(26) Elevated Work Structures Directive;
(27) Use and Occupancy of Buildings Directive;
(28) Sanitation Directive;
(29) Work Force Adjustment Directive;
**
(30) Public Service Health Care Plan Directive.
During the term of this Collective Agreement, other directives, policies or regulations may be added to the
above-noted list.
Grievances in regard to the above directives, policies or regulations shall be filed in accordance with
clause 39.02.
21.01 Reasons for requesting leave without pay for personal reasons of up to three (3) days, will
not be required of the employee unless the number of requests is excessive or the granting of such leave would
interfere with urgent work commitments. Permission to take such leave will not be unreasonably withheld.
22.01 Solely for the purpose of this Article, the terms:
(a) "the Employer" will include any organization, service with which is included in the calculation of "continuous
employment",
and
(b) "weekly rate of pay" means the rate in Appendix "B" identified with the level and step in the level the employee
normally occupies and shall not include "Acting Pay" unless the period of Acting Pay has been more than
one (1) year.
**
22.02 Lay-Off
An employee who has one (1) year or more of continuous employment and who is laid off is entitled to be paid
severance pay at the time of lay-off.
(a) On the first lay-off, two (2) weeks' pay for the first completed 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 365.
(b) On second or subsequent lay-off, one (1) week's pay for each complete year of continuous employment and, in the
case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous
employment divided by 365, less any period in respect of which the employee was granted severance pay under
sub-paragraph (a) above.
22.03 Resignation
Subject to clause 22.04, an employee who has ten (10) or more years of continuous employment is entitled to be paid,
on resignation from the Public Service, severance pay equal to the amount obtained by multiplying half (1/2) of his/her
weekly rate of pay on resignation by the number of completed years of his/her continuous employment to a maximum of
twenty-six (26), less any period in respect of which the employee was granted severance pay, retiring leave or a cash
gratuity in lieu of retiring leave by the Employer.
22.04 Retirement
(a) On termination of employment (other than dismissal for just cause) an employee who is entitled to an immediate
annuity, or is entitled to an immediate annual allowance, under the Public Service Superannuation Act,
or
(b) a part-time employee, who regularly works more than twelve (12) but less than thirty (30) hours a week, and who,
if he or she were a contributor under the Public Service Superannuation Act, would be entitled to an immediate
annuity thereunder, or who would have been entitled to an immediate annual allowance if he or she were a contributor
under the Public Service Superannuation Act,
a severance payment in respect of the employee's complete period of continuous employment, comprised of
one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous
employment, one (1) week's pay multiplied by the number of days of continuous employment divided by 365, to a maximum
of thirty (30) week's pay, less any period in respect of which the employee was granted severance pay, retiring leave
or a cash gratuity in lieu of retiring leave by the Employer.
22.05 Termination for Cause for Reasons of Incapacity or Incompetence
(a) When an employee has completed more than one (1) year of continuous employment and ceases to be employed by
reason of release for incapacity 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.
(b) When an employee has completed more than ten (10) years of continuous employment and ceases to be employed by
reason of release for 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.
22.06 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 365, to a maximum of thirty (30) weeks' pay, regardless of any other benefit
payable, less any period in respect of which the employee was granted severance pay, retiring leave or a cash gratuity
in lieu of retiring leave by the Employer.
22.07 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 he/she is entitled to be paid one (1) week's pay for
each complete year of continuous employment with a maximum benefit of twenty-seven (27) weeks.
22.08 Appointment to a Separate Employer Organization
Notwithstanding clause 22.03, 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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