Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.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:
(i) 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,
(ii) 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.
10.02 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-two (22) working days per fiscal year if he/she has completed
sixteen (16) years of service;
(d) twenty-three (23) working days per fiscal year if he/she has
completed seventeen (17) years of service;
(e) 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;
**
(f) twenty-seven (27) working days per fiscal year if he/she has completed
twenty-seven (27) years of service;
**
(g) thirty (30) working days per fiscal year if he/she has completed
twenty-eight (28) years of service;
**
(h) vacation leave provided under 17.02 (a), (b), (c), (d), (e), (f), and (g)
above, which is in excess of fifteen (15), twenty (20), twenty-two
(22), twenty-three (23), twenty-five (25), or twenty-seven (27)
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.
(i)
(i) 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/her;
**
(d) after October 1st and after consultation with the employee,
and with a minimum of fourteen (14) day's advance notice, 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 Carry-Over and/or Liquidation of Vacation Leave
(a) Where in any vacation year, an employee has not been granted all of the
vacation leave credited to him or her, the unused portion of his or her vacation
leave up to a maximum of thirty-five (35) days credits shall be carried
over into the following vacation year. All vacation leave credits in excess of
thirty-five (35) days shall be automatically paid in cash at his or her
daily rate of pay as calculated from the classification prescribed in his or her
certificate of appointment of his or her substantive position on the last day of
the vacation year.
(b)
(i) Notwithstanding sub-clause (a), if on the date of signing of this
Agreement or on the date an employee becomes subject to this Agreement, he
/she has more than thirty-five (35) days of unused vacation leave credits
earned during previous years, this number of unused vacation leave credits
shall become the employee's accumulated leave maximum.
(ii) Unused vacation leave credits equivalent to the employee's accumulated
leave maximum shall be carried over into the following vacation year.
(iii) Unused vacation leave credits in excess of the employee's accumulated
leave maximum shall be automatically paid in cash at his or her daily rate of
pay as calculated from the classification prescribed in his or her certificate
of appointment of his or her substantive position on the last day of the
vacation year.
(c) The employee's accumulated leave maximum shall be reduced irrevocably by
the number of vacation leave credits liquidated in excess of the employee's
annual vacation leave entitlement during the vacation year.
(d) Notwithstanding (b)(iii), where the Employer cancels a period of vacation
leave which has been previously approved in writing, and which cannot be
rescheduled before the end of the vacation year, the cancelled leave may be
carried over into the next vacation year.
(e) 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.
17.11 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, stepchild or ward of
the employee, father-in-law, mother-in-law, step-brother, step-sister,
grandparent, 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 five (5) consecutive calendar 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 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 Employment 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.
(v)
(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.
(vi) 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.
(vii) 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.
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 advanced 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.
**
18.09 Leave Without Pay for the Care of Immediate Family
(a) Both parties recognize the importance of access to leave for the purpose
of care for the immediate family.
(b) For the purpose of clause 18.09, family is defined as spouse (or
common-law spouse resident with the employee), children (including foster
children or children of legal or common-law spouse), parents (including
stepparents or foster parents) or any relative permanently residing in the
employee's household or with whom the employee permanently resides
(c) Subject to clause 18.09(b), an employee shall be granted leave
without pay for the Care of Immediate Family in accordance with the following
conditions:
(i) 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;
(ii) leave granted under this clause shall be for a minimum period of
three (3) weeks;
(iii) the total leave granted under this article shall not exceed
five (5) years during an employee's total period of employment in the
Public Service;
(iv) leave granted for a period of one (1) year or less shall be
scheduled in a manner which ensures continued service delivery.
(d) An employee who has proceeded on leave without pay may change his or her
return to work date if such change does not result in additional costs to the
Employer.
(e) All leave granted under Leave Without Pay for the Long-Term Care of a
Parent or under Leave Without Pay for the Care and Nurturing of Pre-School Age
Children under the terms of previous Electronics Group collective agreements or
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.
(f) Transitional Provision
This transitional provision is applicable to employees who have been granted
and have proceeded on leave on or after the date of signature of this agreement.
(i) 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 under
the terms of the agreement expired on August 31, 2001, 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.
(ii) 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 Long-Term Care of a Parent or on Leave Without Pay for the Care and
Nurturing of Pre-School Age Children 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.
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 or parental 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), 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:
**
(A) up to one-half (1/2) day for a medical or dental appointment when
the 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
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 Personal Leave Without Pay
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.
**
18.17 Personal Leave with Pay
(a) Subject to operational requirements as determined by the Employer and
with an advance notice of at least five (5) working days, the employee
shall be granted, in each fiscal year, one (1) day of leave with pay
for reasons of a personal nature.
(b) The leave will be scheduled at a time convenient to both the employee and
the Employer. Nevertheless, the Employer shall make every reasonable effort to
grant the leave at such time as the employee may request.
**
18.18 Volunteer Leave with Pay
(a) Subject to operational requirements as determined by the Employer and
with an advance notice of at least five (5) working days, the employee
shall be granted, in each fiscal year, one (1) day of leave with pay to
work as a volunteer for a charitable or community organization or activity,
other than for activities related to the Government of Canada Workplace
Charitable Campaign;
(b) The leave shall be scheduled at a time convenient to both the employee
and the Employer. Nevertheless, the Employer shall make every reasonable effort
to grant the leave at such time as the employee may request.
18.19 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.
**
18.20 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 nor as service for the purpose of calculating 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.
**ARTICLE 21
EDUCATION LEAVE WITHOUT PAY
CAREER DEVELOPMENT LEAVE WITH PAY AND
EXAMINATION LEAVE WITH PAY
Education Leave Without Pay
21.01 The Employer recognizes the usefulness of education
leave. Upon written application by the employee and with the approval of the
Employer, an employee may be granted education leave without pay for varying
periods of up to one (1) year, which can be renewed by mutual agreement, to
attend a recognized institution for studies in some field of education in which
preparation is needed to fill the employee's present role more adequately or to
undertake studies in some field in order to provide a service which the Employer
requires or is planning to provide.
21.02 At the Employer's discretion, an employee on education
leave without pay under this article may receive an allowance in lieu of salary
of up to one hundred per cent (100%) of the employee's annual rate of pay,
depending on the degree to which the education leave is deemed, by the Employer,
to be relevant to organizational requirements. Where the employee receives a
grant, bursary or scholarship, the education leave allowance may be reduced. In
such cases, the amount of the reduction shall not exceed the amount of the
grant, bursary or scholarship.
21.03 Allowances already being received by the employee may
at the discretion of the Employer be continued during the period of the
education leave. The employee shall be notified when the leave is approved
whether such allowances are to be continued in whole or in part.
21.04 As a condition of the granting of education leave
without pay, an employee shall, if required, give a written undertaking prior to
the commencement of the leave to return to the service of the Employer for a
period of not less than the period of the leave granted.
If the employee:
(a) fails to complete the course;
(b) does not resume employment with the Employer on completion of the course;
or
(c) ceases to be employed, except by reason of death or lay-off, before
termination of the period he or she has undertaken to serve after completion of
the course;
the employee shall repay the Employer all allowances paid to him or her under
this article during the education leave or such lesser sum as shall be
determined by the Employer.
21.05 Education leave without pay in excess of three (3)
months shall not be counted as "continuous employment" for the purpose
of calculating severance pay nor as "service" for the purpose of
calculating vacation leave. Time spent on such leave shall not be counted for
pay increment purposes.
21.06 Career Development Leave With Pay
(a) Career development refers to an activity which in the opinion of the
Employer is likely to be of assistance to the individual in furthering his or
her career development and to the organization in achieving its goals. The
following activities shall be deemed to be part of career development:
(i) a course given by the Employer;
(ii) a course offered by a recognized academic institution;
(iii) a seminar, convention or study session in a specialized field
directly related to the employee's work.
(b) Upon written application by the employee, and with the approval of the
Employer, career development leave with pay may be given for any one of the
activities described in sub-clause 21.06(a) above. The employee shall
receive no compensation under Article 24, Days of Rest, Article 25,
Overtime, and Article 27, Travel, of this collective agreement during time
spent on career development leave provided for in this clause.
(c) Employees on career development leave shall be reimbursed for all
reasonable travel and other expenses incurred by them which the Employer may
deem appropriate.
21.07 Examination Leave With Pay
At the Employer's discretion, examination leave with pay may be granted to an
employee for the purpose of writing an examination which takes place during the
employee's scheduled hours of work. Such leave will only be granted where, in
the opinion of the Employer, the course of study is directly related to the
employee's duties or will improve his or her qualifications.
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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