|
Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between
the Employer, the employees and the Institute, to set forth certain terms and conditions of employment relating to
remuneration, hours of work, employee benefits and general working conditions affecting employees covered by this
Agreement.
1.02 The parties to this Agreement share a desire to improve the quality of the Public Service of Canada, to
maintain professional standards and to promote the well-being and increased efficiency of its employees to the end that
the people of Canada will be well and effectively served. Accordingly, they are determined to establish within the
framework provided by law, an effective working relationship at all levels of the Public Service in which members of
the bargaining unit are employed.
2.01 For the purpose of this Agreement:
(a) "bargaining unit" means the employees of the Employer in the group described in Article 27,
Recognition;
(b) "continuous employment" has the same meaning as specified in the Public Service Terms and Conditions
of Employment Regulations on the date of signing of this agreement;
(c) "daily rate of pay" means an employee's weekly rate of pay divided by five (5);
(d) "day of rest" in relation to an employee means a day, other than a designated paid holiday, on which that
employee is not ordinarily required to perform the duties of the employee's position other than by reason of the
employee being on leave;
(e) "employee" means a person so defined by the Public Service Staff Relations Act and who is a member
of the bargaining unit;
(f) "Employer" means her Majesty in right of Canada as represented by the Treasury Board, and includes any
person authorized to exercise the authority of the Treasury Board;
(g) "headquarters area" has the same meaning as given to the expression in the Travel Policy;
(h) "designated paid holiday" means the twenty-four (24) hour period commencing at 00:01 hour of a day
designated as a holiday in this Agreement;
(i) "hourly rate of pay" means a full-time employee's weekly rate of pay divided by thirty-seven and
one-half (37 1/2);
(j) "Institute" means the Professional Institute of the Public Service of Canada;
(k) "lay-off" means the termination of an employee's employment because of lack of work or because of the
discontinuance of a function;
(l) "leave" means authorized absence from duty;
(m) "membership dues" means the dues established pursuant to the by-laws and regulations of the Institute as
the dues payable by its members as a consequence of their membership in the Institute, and shall not include any
initiation fee, insurance premium, or special levy;
(n) "weekly rate of pay" means an employee's annual rate of pay divided by 52.176;
(o) "common-law spouse" a common-law spouse relationship exists when, for a continuous period of at least
one (1) year, an employee has lived with a person, publicly represented that person to be his spouse and continues to
live with the person as if that person were his spouse;
(p) "double time" means two (2) times the employee's hourly rate of pay;
(q) "time and one-half" means one and one-half (1 1/2) times the employee's hourly rate of pay;
(r) "overtime" means work required by the Employer, to be performed by the employee in excess of the
employee's daily hours of work;
(s) "spouse" will, when required, be interpreted to include "common-law spouse" except, for the purposes of
the Foreign Service Directives, the definition of "spouse" will remain as specified in Directive 2 of the Foreign
Service Directive.
2.02 Except as otherwise provided in this Agreement, expressions used in this Agreement,
(a) if defined in the Public Service Staff Relations Act, have the same meaning as given to them in the
Public Service Staff Relations Act,
and
(b) if defined in the Interpretation Act, but not defined in the Public Service Staff Relations Act,
have the same meaning as given to them in the Interpretation Act.
3.01 Both the English and French texts of this Agreement shall be official.
4.01 The provisions of this Agreement apply to the Institute, employees and the Employer.
4.02 In this Agreement, words importing the masculine gender shall include the feminine gender.
5.01 All the functions, rights, powers and authority which the Employer has not specifically abridged,
delegated or modified by this Agreement are recognized by the Institute as being retained by the Employer.
6.01 Nothing in this Agreement shall be construed as an abridgement or restriction of an employee's
constitutional rights or of any right expressly conferred in an Act of the Parliament of Canada.
Preamble
For the purpose of this article: "Publication" shall include, for example, scientific and professional papers,
articles, manuscripts, monographs, audio and visual products, and computer software.
7.01 The Employer agrees to continue the present practice of ensuring that employees have ready access to all
publications considered necessary to their work by the Employer.
7.02 The Employer agrees that publications prepared by an employee, within the scope of his employment, will
be retained on appropriate departmental files for the normal life of such files. The Employer will not unreasonably
withhold permission for publication. At the Employer's discretion, recognition of authorship will be given where
practicable in departmental publications.
7.03 When an employee acts as a sole or joint author or editor of a publication, the authorship or editorship
shall normally be acknowledged on such publication.
7.04
(a) The Employer may suggest revisions to a publication and may withhold approval to publish.
(b) When approval for publication is withheld, the author(s) shall be so informed in writing of the reasons, if
requested by the author(s).
(c) Where the Employer wishes to make changes in a publication with which the author does not agree, the employee
shall not be credited publicly if the employee so requests.
PART 2 - WORKING CONDITIONS
Clauses 8.03, 8.05, 8.06, 8.07 and 8.08 do not apply to an employee classified as SE who works a flexible work
year.
General
8.01 For the purpose of this Article:
(a) a week shall consist of seven (7) consecutive days beginning at 00:01 hours Monday and ending at 24:00 hours
Sunday;
(b) the day is a twenty-four (24) hour period commencing at 00:01 hours.
8.02 Employees may be required to submit monthly attendance registers; only those hours of overtime and
absences need be specified.
8.03 Day Work
Except as provided for in clauses 8.04, 8.05 and 8.06:
(a) the normal work week shall be Monday to Friday inclusive;
(b) an employee shall be granted two (2) consecutive days of rest during each seven (7) day period unless
operational requirements do not so permit;
(c) the scheduled work week shall be thirty-seven and one-half (37 1/2) hours;
(d) the scheduled work day shall be seven and one-half (7 1/2) consecutive hours, exclusive of a meal period,
between the hours of 7:00 a.m. and 6:00 p.m.;
and
(e) upon the request of an employee and the concurrence of the Employer, an employee may work flexible hours on a
daily basis so long as the daily hours amount to seven and one-half (7 1/2).
8.04 Flexible Work Year for Employees Classified as SE
This clause does not apply to an employee classified as SE covered by clauses 8.03, 8.05, 8.06, 8.07 and 8.08.
(a) The conduct of scientific research requires an adaptable research environment. Accordingly, every reasonable
effort will be made to maintain a research environment where working hours can be arranged to meet the needs of
research programs.
(b) The normal work year, subject to the leave provisions of this Agreement, shall be nineteen hundred and
fifty (1950) hours, from April 1st to March 31st of the following calendar year, inclusive.
(c) Each employee is expected to organize his hours of work, work days and days of rest in order to suit his
individual research project(s), subject to the approval of the Employer.
Variable Hours of Work for Day Workers
8.05 Compressed Work Week
(a) Notwithstanding the provisions of this Article, upon request of an employee and the concurrence of the Employer,
an employee may complete his weekly hours of employment in a period of other than five (5) full days provided that over
a period of twenty-eight (28) calendar days the employee works an average of thirty-seven and one-half (37 1/2) hours
per week. As part of the provisions of this clause, attendance reporting shall be mutually agreed between the employee
and the Employer. In every twenty-eight (28) day period such an employee shall be granted days of rest on such days as
are not scheduled as a normal work day for the employee.
(b) Notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in
hours shall not result in any additional overtime work or additional payment by reason only of such variation, nor
shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the terms of this
Agreement.
8.06 Winter and Summer Hours
The weekly and daily hours of work may be varied by the mutual agreement of the Employer and the employee to allow
for summer and winter hours provided the annual total is not changed.
Terms and Conditions Governing the Administration of Variable Hours of Work for Day Workers
8.07 The Employer and the Institute agree that for those employees to whom the provisions of clauses 8.05 and
8.06 apply, the provisions of this Agreement which specifies days shall be converted to hours. Where this Agreement
refers to a "day", it shall be converted to seven and one-half (7 1/2) hours, except in clause 18.02, Bereavement Leave
with pay, where a day means a calendar day. Whenever an employee changes his variable hours or no longer works variable
hours, all appropriate adjustments will be made.
8.08 For greater clarity, the following provisions of this Agreement shall be administered as provided
herein:
(a) Interpretation and Definitions (clause 2.01)
"Daily rate of pay" - shall not apply.
(b) Overtime (paragraph 9.03(a))
Overtime shall be compensated for all work performed in excess of an employee's scheduled hours of work on normal
working days.
(c) Designated Paid Holidays (paragraph 9.03(e))
A designated paid holiday shall account for seven and one-half (7 1/2) hours.
(d) Travel (clause 14.01)
Overtime compensation referred to in clause 14.01 shall only be applicable on a work day for hours in excess of the
employee's daily scheduled hours of work.
(e) Leave
When leave is granted, it will be granted on an hourly basis and the hours debited for each day of leave shall be
the same as the hours the employee would normally have been scheduled to work on that day.
The converted amounts are as follows:
(i) one and two-thirds (1 2/3) days - twelve decimal five zero (12.50) hours;
(ii) two and one-twelfth (2 1/12) days - fifteen decimal six two five (15.625) hours;
(iii) five-twelfths (5/12) day - three decimal one two five (3.125) hours;
(iv) two and one-half (2 1/2) days - eighteen decimal seven five (18.75) hours.
This Article does not apply to employees classified as SE who work a flexible work year.
Clauses 9.02, 9.03 and 9.08 do not apply to the following:
- employees performing Field or Sea Research Work;
- employees classified as DS and performing Field Work.
General
9.01 All calculations for overtime shall be based on each completed period of fifteen (15) minutes.
9.02 Except in cases of emergency, call-back, stand-by or mutual agreement the Employer shall whenever
possible give at least twelve (12) hours' notice of any requirement for the performance of overtime.
9.03 Overtime Compensation
Subject to clauses 9.04 and 9.05, when an employee is required by the Employer to work overtime, the employee shall
be compensated as follows:
(a) on the employee's normal work day, at the rate of time and one-half (1 1/2) for each hour of overtime
worked;
(b) on the employee's first (1st) day of rest, at the rate of time and one-half (1 1/2) for each hour of
overtime worked;
(c) on the employee's second (2nd) or subsequent day of rest, at double (2) time for each hour of
overtime worked. Second (2nd) or subsequent day of rest means the second (2nd) or subsequent day
in an unbroken series of consecutive and contiguous calendar days of rest;
(d) notwithstanding paragraph (c) above, if, in an unbroken series of consecutive and contiguous calendar days of
rest, the Employer permits the employee to work the required overtime on a day of rest requested by the employee, then
the compensation shall be at time and one-half (1 1/2) for the first (1st) day worked;
(e) on a designated holiday,
(i) compensation shall be granted on the basis of time and one-half (1 1/2) for each hour worked, in addition, to
the compensation that the employee would have been granted had the employee not worked on the designated holiday;
or
(ii) when an employee works on a holiday, contiguous to a second day of rest on which the employee also worked and
received overtime in accordance with paragraph 9.03(c), the employee shall be paid in addition to the pay that the
employee would have been granted had the employee not worked on the holiday, two (2) times the employee's hourly rate
of pay for all time worked.
9.04 Employees on Field or Sea Research Work (except DS)
An employee on field or sea research work who is not classified as DS shall be compensated for authorized overtime
performed on an hour-for-hour basis for all hours worked on a designated paid holiday or a day of rest. No remuneration
shall be paid for overtime performed during the normal work week.
9.05 Employees Classified as DS on Field Work
An employee on field work who is classified as DS and is required by the Employer to work overtime shall be
compensated as follows:
(a) on his normal work day, at the rate of time and one-half (1 1/2) for each hour of overtime worked in excess of
thirty-seven and one-half (37 1/2) hours in any one work week up to a maximum of three (3) hours' pay at the time and
one-half (1 1/2) rate on any normal work day;
(b) on a day of rest, at the rate of time and one-half (1 1/2) for each hour of overtime worked up to a maximum of
nine (9) hours at the time and one-half (1 1/2) rate;
(c) on a designated paid holiday, at the rate of time and one-half (1 1/2) for each hour of overtime worked up to a
maximum of nine (9) hours at the time and one-half (1 1/2) rate plus his regular pay for the day.
Compensation in Cash or Leave With Pay
9.06 Upon application by the employee and at the discretion of the Employer, compensation earned under this
Article may be taken in the form of compensatory leave, which will be calculated at the applicable rate laid down in
this Article. Compensatory leave earned in a fiscal year and outstanding on September 30 of the next following fiscal
year shall be paid at the employee's daily rate of pay on September 30.
9.07 When a payment is being made as a result of the application of this Article, the Employer will endeavour
to make such payment within six (6) weeks following the end of the pay period during which the employee requested
payment, or, if payment is required to liquidate compensatory leave outstanding at the expiry of the fiscal year, the
Employer will endeavour to make such payment within six (6) weeks of the commencement of the first (1st) pay
period after September 30 of the next following fiscal year.
Meals
**
(a) An employee who works three (3) or more hours of overtime immediately before or immediately following his
scheduled hours of work shall be reimbursed for one meal in the amount of nine dollars and fifty cents ($9.50), except
where free meals are provided. Effective October 1, 2002, this reimbursement is increased to ten dollars ($10.00).
Reasonable time with pay to be determined by the Employer shall be allowed the employee in order to take a meal either
at or adjacent to his place of work.
**
(b) When an employee works overtime continuously extending four (4) hours or more beyond the period provided in
(a) above, he shall be reimbursed for one additional meal in the amount of nine dollars and fifty cents ($9.50) except
where free meals are provided. Effective October 1, 2002, this reimbursement is increased to ten dollars ($10.00).
Reasonable time with pay, to be determined by the Employer, shall be allowed the employee in order that he may take a
meal break either at or adjacent to his place of work.
(c) Paragraphs 9.08(a) and (b) shall not apply to an employee who is in travel status which entitles the employee to
claim expenses for lodging and/or meals.
This Article does not apply to the following:
- Employees classified as SE who work a flexible work year.
- Employees performing Field or Sea Research Work.
- Employees classified as DS and performing Field Work.
10.01 When an employee is called back to work or when an employee who is on stand-by duty is called back to
work by the Employer any time outside his normal working hours he shall be entitled to the greater of:
(a) a minimum of three (3) hours' pay at the applicable overtime rate,
or
(b) compensation at the applicable overtime rate for each hour worked.
10.02 Upon application by the employee and at the discretion of the Employer, compensation earned under this
Article may be taken in the form of compensatory leave, which will be calculated at the applicable premium rate laid
down in this Article. Compensatory leave earned in a fiscal year and outstanding on September 30 of the next following
fiscal year shall be paid at the employee's daily rate of pay on September 30.
10.03 When a payment is being made as a result of the application of this Article, the Employer will
endeavour to make such payment within six (6) weeks following the end of the pay period during which the employee
requested payment, or, if payment is required to liquidate compensatory leave outstanding at the expiry of the fiscal
year, the Employer will endeavour to make such payment within six (6) weeks of the commencement of the
first (1st) pay period after September 30 of the next following fiscal year.
This Article does not apply to the following:
- Employees classified as SE who work a flexible work year.
- Employees performing Field or Sea Research Work.
- Employees classified as DS and performing Field Work.
11.01 When the Employer requires an employee to be available on standby during off-duty hours an employee
shall be compensated at the rate of one-half (1/2) hour for each four (4) hour period or portion thereof for which he
has been designated as being on standby duty.
11.02 An employee on standby who is called in to work by the Employer and who reports for work shall be
compensated in accordance with Article 10, Call-Back.
11.03 An employee required to be on standby duty shall be available during his period of standby at a known
telecommunications link number and be able to return for duty as quickly as possible if called.
11.04 No standby duty payment shall be granted if any employee is unable to report for duty when
required.
12.01 Subject to clause 12.02, the following days shall be designated paid holidays for employees:
(a) New Year's Day,
(b) Good Friday,
(c) Easter Monday,
(d) the day fixed by proclamation of the Governor in Council for celebration of the Sovereign's birthday,
(e) Canada Day,
(f) Labour Day,
(g) the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,
(h) Remembrance Day,
(i) Christmas Day,
(j) Boxing Day,
(k) one additional day in each year that, in the opinion of the Employer, is recognized to be a provincial or civic
holiday in the area in which the employee is employed or in any area where, in the opinion of the Employer, no such day
is recognized as a provincial or civic holiday, the first (1st) Monday in August,
and
(l) one additional day when proclaimed by an Act of Parliament as a National Holiday.
12.02 An employee absent without pay on both his full working day immediately preceding and his full working
day immediately following a designated paid holiday, is not entitled to pay for the holiday, except in the case of an
employee who is granted leave without pay under the provisions of Article 32, Leave for Staff Relations Matters.
12.03 Designated Paid Holiday Falling on a Day of Rest
When a day designated as a paid holiday under clause 12.01 coincides with an employee's day of rest, the holiday
shall be moved to the employee's first (1st) normal working day following his day of rest.
12.04 When a day designated as a paid holiday for an employee is moved to another day under the provisions of
clause 12.03:
(a) work performed by an employee on the day from which the holiday was moved shall be considered as work performed
on a day of rest,
and
(b) work performed by an employee on the day to which the holiday was moved, shall be considered as work performed
on a holiday.
12.05 Compensation for Work on a Paid Holiday
Compensation for work on a paid holiday will be in accordance with Article 9.
12.06 Designated Paid Holiday Coinciding with a Day of Paid Leave
Where a day that is a designated paid holiday for an employee coincides with a day of leave with pay or is moved as
a result of the application of clause 12.03, the designated paid holiday shall not count as a day of leave.
13.01
(a) The Employer shall make every reasonable effort to accommodate an employee who requests time off to fulfill his
religious obligations.
(b) Employees may, in accordance with the provisions of this Agreement, request annual leave, compensatory leave,
leave without pay for other reasons in order to fulfill their religious obligations.
(c) Notwithstanding paragraph 13.01(b), at the request of the employee and at the discretion of the Employer, time
off with pay may be granted to the employee in order to fulfill his religious obligations. The number of hours with pay
so granted must be made up hour for hour within a period of six (6) months, at times agreed to by the Employer. Hours
worked as a result of time off granted under this clause shall not be compensated nor should they result in any
additional payments by the Employer.
(d) An employee who intends to request leave or time off under this Article must give notice to the Employer as far
in advance as possible but no later than four (4) weeks before the requested period of absence.
14.01 When the Employer requires an employee to travel outside his headquarters area for the purpose of
performing duties, the employee shall be compensated in the following manner:
(a) On a normal working day on which he travels but does not work, the employee shall receive his regular pay for
the day.
(b) On a normal working day on which he travels and works, the employee shall be paid:
(i) his regular pay for the day for a combined period of travel and work not exceeding seven and
one-half (7 1/2) hours,
and
(ii) at the applicable overtime rate for additional travel time in excess of a seven and one-half (7 1/2) hour
period of work and travel, with a maximum payment for such additional travel time not to exceed twelve (12) hours' pay
at the straight-time rate in any day.
(c) On a day of rest or on a designated paid holiday, the employee shall be paid at the applicable overtime rate for
hours travelled to a maximum of twelve (12) hours' pay at the straight-time rate.
14.02 For the purpose of clause 14.01, the travelling time for which an employee shall be compensated is as
follows:
(a) For travel by public transportation, the time between the scheduled time of departure and the time of arrival at
a destination, including the normal travel time to the point of departure, as determined by the Employer.
(b) For travel by private means of transportation, the normal time as determined by the Employer, to proceed from
the employee's place of residence or work place, as applicable, direct to his destination and, upon his return, direct
back to his residence or work place.
(c) In the event that an alternate time of departure and/or means of travel is requested by the employee, the
Employer may authorize such alternate arrangements in which case compensation for travelling time shall not exceed that
which would have been payable under the Employer's original determination.
14.03 All calculations for travelling time shall be based on each completed period of
fifteen (15) minutes.
14.04 Upon application by the employee and at the discretion of the Employer, compensation earned under this
Article may be taken in the form of compensatory leave, which will be calculated at the applicable premium rate laid
down in this Article. Compensatory leave earned in a fiscal year and outstanding on September 30 of the next following
fiscal year shall be paid at the employee's daily rate of pay on September 30.
14.05 When a payment is being made as a result of the application of this Article, the Employer will
endeavour to make such payment within six (6) weeks following the end of the pay period for which the employee requests
payment, or, if payment is required to liquidate compensatory leave outstanding at the expiry of the fiscal year, the
Employer will endeavour to make such payment within six (6) weeks of the commencement of the first pay period after
September 30 of the next following fiscal year.
14.06 This Article does not apply to an employee required to perform work in any type of transport in which
he is travelling. In such circumstances, the employee shall receive pay for actual hours worked in accordance with the
Articles, Hours of Work, Overtime, Designated Paid Holidays.
14.07 Travelling time shall include time necessarily spent at each stop-over en route up to a maximum of
three (3) hours provided that such stop-over does not include an overnight stay.
14.08 Compensation under this Article shall not be paid for travel time to courses, training sessions,
conferences and seminars unless so provided for in the Career Development Article.
15.01 An employee is entitled, once in each fiscal year, to be informed, upon request, of the balance of his
vacation, furlough or sick leave with pay credits.
15.02 The amount of leave with pay credited to an employee by the Employer at the time when this Agreement is
signed, or at the time when he becomes subject to this Agreement, shall be retained by the employee.
15.03 An employee who, on the day that this Agreement is signed, is entitled to receive furlough leave, that
is to say, five (5) weeks' leave with pay upon completing twenty (20) years of continuous employment, retains his
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.
15.04 An employee shall not be granted two (2) different types of leave with pay in respect of the same
period of time.
15.05 An employee is not entitled to leave with pay during periods he is on leave without pay, on educational
leave or under suspension.
15.06 When the employment of an employee who has been granted more vacation, furlough or sick leave with pay
than he has earned is terminated by death or layoff, the employee is considered to have earned the amount of leave with
pay granted to him.
**
15.07
(a) When an employee becomes subject to this Agreement, his earned daily leave credits shall be converted into
hours. When an employee ceases to be subject to this Agreement, his earned hourly leave credits shall be reconverted
into days, with one day being equal to seven and one-half (7 1/2) hours.
(b) When leave is granted, it will be granted on an hourly basis and the number of hours debited for each day of
leave will be equal to the number of hours of work scheduled for the employee for the day in question.
(c) Notwithstanding the above, in clause 18.02, Bereavement Leave with Pay, a "day" will mean a calendar day.
16.01 The vacation year shall be from April 1st to March 31st, inclusive.
16.02 Accumulation of Vacation Leave Credits
An employee shall earn vacation leave credits for each calendar month during which the employee receives pay for at
least ten (10) days at the following rate:
**
(a) Twelve decimal five (12.5) hours at the employee's straight -time hourly rate until the month in which the
employee's sixteenth (16th) anniversary occurs;
**
(b) thirteen decimal seven five (13.75) hours at the employee's straight-time hourly rate commencing with the month
in which the employee's sixteen (16th) anniversary of service occurs;
**
(c) fourteen decimal three seven five (14.375) hours at the employee's straight-time hourly rate commencing with the
month in which the anniversary of the employee's seventeenth (17th) year of service occurs;
(d) fifteen decimal six two five (15.625) hours at the employee's straight-time hourly rate commencing with the
month in which the anniversary of the employee's eighteen (18th) year of service occurs;
**
(e) sixteen decimal eight seven five (16.875) hours at the employee's straight time hourly rate commencing with the
month in which the employee's twenty-seventh (27th) anniversary of service occurs;
**
(f) eighteen decimal seven five (18.75) hours at the employee's straight-time hourly rate commencing with the month
in which the anniversary of the employee's twenty-eight (28th) anniversary of service occurs;
(g) However, an employee who is entitled to or who has received furlough leave shall have the vacation leave credits
earned under this Article, reduced by three decimal one two five (3.125) hours per month from the beginning of the
month in which the employee completes his twentieth (20th) year of continuous employment until the beginning
of the month in which the employee completes his twenty-fifth (25th) year of continuous employment.
16.03 For the purpose of clause 16.02 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 (1) year following the date of lay-off.
16.04 Entitlement to Vacation Leave With Pay
An employee is entitled to vacation leave with pay to the extent of the employee's earned credits but an employee
who has completed six (6) months of continuous employment is entitled to receive an advance of credits equivalent to
the anticipated credits for the current vacation year.
16.05 Provision for Vacation Leave
In order to maintain operational requirements, the Employer reserves the right to schedule an employee's vacation
leave but shall make every reasonable effort:
(a) to provide an employee's vacation leave in an amount and at such time as the employee may request;
(b) not to recall an employee to duty after he has proceeded on vacation leave.
16.06 Replacement of Vacation Leave
Where, in respect of any period of vacation leave, an employee:
(a) is granted bereavement leave,
(b) is granted leave with pay because of illness in the immediate family,
or
(c) is granted sick leave on production of a medical certificate,
the period of vacation leave so displaced shall either be added to the vacation period, if requested by the
employee, and approved by the Employer, or reinstated for use at a later date.
16.07 Carry Over
(a) Where in any vacation year an employee has not been granted all the vacation leave credited to him, the unused
portion of the employee's vacation leave shall be carried over.
(b) Liquidation
During any vacation year, upon application by the employee and at the discretion of the Employer earned but unused
vacation leave credits 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 the employee's substantive position on
March 31st.
16.08 Recall From Vacation Leave
Where, during any period of vacation leave, an employee is recalled to duty, the employee shall be reimbursed for
reasonable expenses, as normally defined by the Employer, that the employee incurs:
(a) in proceeding to the employee's place of duty,
and
(b) in returning to the place from which the employee was recalled if he immediately resumes vacation upon
completing the assignment for which the employee was recalled, after submitting such accounts as are normally required
by the Employer.
16.09 The employee shall not be considered as being on vacation leave during any period in respect of which
the employee is entitled under clause 16.08 to be reimbursed for reasonable expenses incurred by him.
16.10 Cancellation of Vacation Leave
When the Employer cancels or alters a period of vacation or furlough leave which it has previously approved in
writing, the Employer shall reimburse the employee for the non-returnable portion of vacation contracts and
reservations made by the employee in respect of that period, subject to the presentation of such documentation as the
Employer may require. The employee must make every reasonable attempt to mitigate any losses incurred and will provide
proof of such action, when available, to the Employer.
16.11 Advance Payments
The Employer agrees to issue advance payments of estimated net salary for vacation periods of two (2) or more
complete weeks, providing a written request for such advance payment is received from the employee at least
six (6) weeks prior to the last pay before the employee's vacation period commences, and providing the employee has
been authorized to proceed on vacation leave for the period concerned. Pay in advance of going on vacation shall be
made prior to departure. Any overpayment in respect of such pay advances shall be an immediate first charge against any
subsequent pay entitlement and shall be recovered in full prior to any further payment of salary.
16.12 Leave when Employment Terminates
When an employee dies or otherwise ceases to be employed, the employee or the employee's estate shall be paid an
amount equal to the product obtained by multiplying the number of days of earned but unused vacation and furlough leave
with pay to the employee's credit by the daily rate of pay as calculated from the classification prescribed in the
employee's certificate of appointment on the date of the termination of employment.
16.13 Vacation Leave Credits for Severance Pay
Where the employee requests, the Employer shall grant the employee any unused vacation leave credits prior to
termination of employment if this will enable the employee, for purposes of severance pay, to complete the
first (1st) year of continuous employment in the case of lay-off, and the tenth (10th) year of
continuous employment in the case of resignation.
16.14 Abandonment
Notwithstanding clause 16.12, an employee whose employment is terminated by reason of a declaration that he
abandoned his position is entitled to receive the payment referred to in clause 16.12 if he requests it within
six (6) months following the date upon which his employment is terminated.
16.15 Recovery on Termination
In the event of the termination of employment for reasons other than death or lay-off the Employer shall recover
from any monies owed the employee, an amount equivalent to unearned vacation leave taken by the employee, calculated on
the basis of the rate of pay applicable to the employee's classification on the date of termination.
16.16 Appointment to a Separate Employer
Notwithstanding clause 16.12, an employee who resigns to accept an appointment with an organization listed in
Part II of Schedule I of the Public Service Staff Relations Act may choose not to be paid for unused vacation
and furlough leave credits, provided that the appointing organization will accept such credits.
**
16.17 Appointment from a Separate Employer
The Employer agrees to accept the unused vacation and furlough leave credits up to a maximum of thirty-five (35)
days of an employee who resigns from an organization listed in Part II of Schedule I of the Public Service Staff
Relations Act in order to take a position with the Employer if the transferring employee is eligible and has chosen
to have these credits transferred.
17.01 Credits
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 receives pay for at least ten (10) days.
17.02 An employee shall be granted sick leave with pay when he is unable to perform his duties because of
illness or injury provided that:
(a) he satisfies the Employer of this condition in such a manner and at such a time as may be determined by the
Employer,
and
(b) he has the necessary sick leave credits.
17.03 Unless otherwise informed by the Employer, a statement signed by the employee stating that because of
illness or injury he was unable to perform his duties shall, when delivered to the Employer, be considered as meeting
the requirements of paragraph 17.02(a).
17.04 An employee shall not be granted sick leave with pay during any period in which he is on leave of
absence without pay, or under suspension.
17.05 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.
17.06 Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the
provision of clause 17.02 above, sick leave with pay may, at the discretion of the Employer, be granted to an employee
for a period of up to twenty-five (25) days, subject to the deduction of such advanced leave from any sick leave
credits subsequently earned and, in the event of termination of employment for other than death or lay-off, the
recovery of the advance from any monies owed the employee.
17.07 Sick leave credits earned but unused by an employee during a previous period of employment in the
Public Service shall be restored to an employee whose employment was terminated by reason of lay-off and who is
reappointed in the Public Service within two (2) years from the date of lay-off.
|
