Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.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
relationships between the Employer, the Association and the employees and to set
forth certain terms and conditions of employment affecting employees covered by
this Agreement.
1.02 The parties to this Agreement share a desire to
contribute toward the improvement of aviation safety and to advance the
well-being of its employees so as to promote the safe provision of air traffic
control services to the public.
Unless specified elsewhere in this Agreement, the following definitions will
apply throughout this Agreement:
"Designated holiday" means the twenty-four
(24)-hour period commencing at 00:00 hours of a day designated as a holiday in
this agreement (jours fériés désignés).
"Employee" means a person so defined in the Public
Service Staff Relations Act, and who is a member of the Air Traffic Control
bargaining unit (employé).
"Employer" means Her Majesty in right of Canada as
represented by the Treasury Board, and includes any person authorized to
exercise the authority of the Treasury Board (Employeur).
"Normal pay" means compensation for the
performance of duties of a position including Supervisory Differential, but
exclusive of allowances, special remuneration, overtime, other compensation, and
other gratuities (rémunération normale).
"Straight-time rate" means an employee's weekly
rate of pay divided by thirty-seven and one-half (37 1/2) (taux horaire normal).
"Weekly rate of pay" means an employee's annual
normal pay divided by 52.176 (taux de rémunération hebdomadaire).
3.01 All the functions, rights, powers and authority which
the Employer has not specifically abridged, delegated or modified by this
Agreement are recognized by the union as being retained by the Employer.
4.01 Nothing in this Agreement shall be construed to require
the Employer to do or refrain from doing anything contrary to any instruction,
direction or regulations given or made by or on behalf of the Government of
Canada in the interest of the safety or security of Canada or any state allied
or associated with Canada.
5.01 Where there is a conflict between this Collective
Agreement and any Regulation or Directive, except as provided under Section
57(2) of the Public Service Staff Relations Act, this Agreement shall
take precedence over said Regulation or Directive.
6.01 The parties agree that there shall be no discrimination
exercised or practiced with respect to an employee by reason of race, national
or ethnic origin, colour, religion, age, sex, sexual orientation, marital
status, family status, disability, a conviction for which a pardon has been
granted, or membership or activity in the Association.
7.01 The Employer recognizes the Canadian Air Traffic
Control Association as the exclusive bargaining agent for all employees in the
bargaining unit as defined in the certificate issued by the Public Service Staff
Relations Board on the twenty-eight (28th) day of November, 1967, and
amended on the seventh (7th) day of June, 1999.
7.02 The Association 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.
7.03 The Employer acknowledges the right of the Association
to appoint employees as Stewards. The Association and Employer jointly shall
determine the jurisdiction of the Steward having regard to the plan of
organization, the disbursement of employees at the work place, and the
administrative structure implied in the grievance procedure.
7.04 The Association recognizes that employees who are
representatives of the Association have regular duties to perform in connection
with their work for the Employer.
7.05 A Steward shall obtain the permission of his or her
immediate supervisor before leaving his or her work to investigate complaints or
grievances of an urgent nature, 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. The Steward shall report back to
his or her supervisor before resuming his or her normal duties.
8.01 Subject to the provisions of this Article, the Employer
will, as a condition of employment, deduct Association membership dues from the
monthly pay of all employees in the bargaining unit.
8.02 The provisions of clause 8.01 will be applied effective
the first (1st) of the month following the signing of this Agreement
and the deductions from the pay for each employee in respect of each month will
start with the first (1st) full month of employment. Where an
employee does not have sufficient earnings in respect of any month to permit
deduction the Employer shall not be obliged to make such deduction from
subsequent salary.
8.03 The amounts deducted in accordance with clause 8.01
shall be remitted by cheque to the National Secretary-Treasurer of the
Association within a reasonable period of time after deductions are made and
shall be accompanied by particulars identifying each employee and the amount of
the deduction made on behalf of each employee.
8.04 The Employer shall provide a voluntary revocable
check-off of premiums payable on health and sickness, and life insurance plans
provided by the Association for its members on the basis of production of
appropriate documentation, provided that the amounts so deducted are combined
with Association dues in a single monthly deduction.
8.05 The Association agrees to indemnify and save the
Employer harmless against any claim or liability arising out of the application
of this Article.
8.06 If a general revision in the amount of membership dues
is to be made during the term of the Agreement, the Association agrees to notify
the Employer in writing at least sixty (60) days prior to the effective date of
such revision.
8.07 No employee organization, as defined in Section 2 of
the Public Service Staff Relations Act, other than the Association,
shall be permitted to have membership dues and/or other monies deducted by the
Employer from the pay of employees in the bargaining unit.
8.08 An employee who satisfies the Employer to the extent
that he or she declares in an affidavit that he or she is a member of a
religious organization whose doctrine prevents him or her as a matter of
conscience from making financial contributions to an employee organization and
that he or she will make contributions to a charitable organization registered
pursuant to the Income Tax Act, equal to dues, shall not be subject to
this article, provided that the affidavit submitted by the employee is
countersigned by an official representative of the religious organization
involved.
9.01 Employee complaints or grievances will be dealt with in
accordance with the procedure set forth in this Article.
9.02 Definitions
(a) Days - All "days" referred to in this
procedure are calendar days exclusive of Saturdays, Sundays and designated
holidays.
(b) Immediate Supervisor - The "immediate
supervisor" is the supervisor who has been specified by the Department to
deal with a complaint from employees in his or her work area, and to receive
written grievances and process them to the appropriate step in the procedure.
(c) Management Representative - The "management
representative" is the officer identified by the Employer as an authorized
representative whose decision constitutes a step in the grievance procedure.
9.03 Right to Present Grievances
Subject to and as provided in Section 91 of the Public Service Staff
Relations Act an employee who feels that he or she has been treated
unjustly or considers himself or herself aggrieved by any action or lack of
action by the Employer in matters other than those which are dealt within the
classification grievance process is entitled to present a grievance in
accordance with the procedure provided by this Article except that:
(a) where there is another administrative procedure provided in or under any
Act of Parliament to deal with an employee's specific complaint such procedures
must be followed,
and
(b) where the grievance relates to the interpretation or application of this
Collective Agreement or an arbitral award relating thereto the employee is not
entitled to present the grievance unless the employee has the approval of and is
represented by the Association.
A grievance must be presented not later than twenty-five (25) days from the
day on which the employee was notified or informed of the decision or
circumstance that is the subject of his or her grievance.
9.04 Representation
An employee may be assisted and/or represented by an authorized
representative of the Association when presenting a grievance at any step. Such
representative may meet with the Employer to discuss a grievance at each or any
step of the grievance procedure.
9.05 Procedure
Complaints - An employee who has a complaint should attempt
to resolve the same through discussion with his or her immediate supervisor.
9.06 Step One
An employee may present his or her grievance in writing to his or her
immediate supervisor within the twenty-five (25) day period referred to in
clause 9.03 above. The immediate supervisor shall sign the form indicating the
time and date received. A receipted copy will be returned to the employee and a
copy forwarded to the management representative authorized to make a decision at
Step One. The management representative shall give the decision as quickly as
possible and not later than fifteen (15) days after the day on which the
grievance was presented. The decision will be in writing and a copy will be
returned, through the immediate supervisor, to the employee.
9.07 Step Two
If a decision in Step One is not acceptable to the employee, he or she may,
not later than ten (10) days after receipt of the decision in Step One, or if no
decision was received, not later than fifteen (15) days after the last day on
which he or she was entitled to receive a decision, present the written
grievance to his or her immediate supervisor who will sign it indicating the
time and date received. A receipted copy will be returned to the employee and a
copy forwarded to the management representative authorized to make a decision at
Step Two. The management representative shall give the decision as quickly as
possible and not later than fifteen (15) days after the grievance was presented.
The decision will be in writing and the employee copy will be returned, through
the immediate supervisor, to the employee.
9.08 Step Three
If a decision in Step Two is not acceptable to the employee, he or she may,
not later than ten (10) days after receipt of the decision in Step Two, or if no
decision was received, not later than fifteen (15) days after the last day on
which he or she was entitled to receive a decision, present the written
grievance to his or her immediate supervisor who will sign it indicating the
time and the date received. A receipted copy will be returned to the employee
and a copy forwarded to the Deputy Minister or delegated representative
authorized to make a decision at Step Three. The Deputy Minister or delegated
representative shall give the decision as quickly as possible and not later than
twenty (20) days after the grievance was presented. The decision will be in
writing and the employee copy will be returned, through the immediate
supervisor, to the employee. The decision of the Deputy Minister or delegated
representative at the final step of the grievance procedure shall be final and
binding upon the employee unless the grievance is a class of grievance that may
be referred to adjudication.
9.09 Copy to Association
Where a grievance relates to the interpretation or application in respect of
an employee of a provision of this Collective Agreement or an arbitral award
relating thereto, or where the employee has indicated that he or she is being
represented by the Association, a copy of the reply at each step of this
procedure shall be forwarded to the authorized representative of the
Association.
9.10 Demotion or Termination for Cause
A grievance resulting from the demotion or termination of an employee for
cause pursuant to sub-clause 11(2)(f) or (g) of the Financial Administration
Act shall begin at the final step of the grievance procedure. The written
decision of the Deputy Minister or delegated representative shall be given as
quickly as possible and not later than thirty (30) days after the grievance is
presented.
9.11 Permission to Enter Premises or Offices
A representative of the Association other than an employee will be permitted
access to the Employer's premises to assist in the settlement of a grievance,
provided the Association has formally identified the representative in writing
to the Employer and the prior approval of the Employer has been obtained.
9.12 Adjudication of Grievances
Where an employee has presented a grievance up to and including the final
step in the grievance procedure with respect to:
(a) the interpretation or application in respect of the employee of a
provision of this Collective Agreement or an arbitral award relating thereto,
or
(b) disciplinary action resulting in suspension or a financial penalty,
or
(c) termination of employment or demotion pursuant to sub-clause 11(2)(f) or
(g) of the Financial Administration Act,
and the employee's grievance has not been dealt with to his or her
satisfaction, the employee may refer the grievance to adjudication.
9.13 Where a grievance that may be presented by an employee
to adjudication is a grievance relating to the interpretation or application in
respect of him or her of a provision of this Collective Agreement or an arbitral
award relating thereto, the employee is not entitled to refer the grievance to
adjudication unless the Association signifies in prescribed manner:
(a) its approval of the reference of the grievance to adjudication;
and
(b) its willingness to represent the employee in the adjudication
proceedings.
9.14 Extension of Normal Time Limit
The time limits stipulated in this procedure may be extended by mutual
agreement between the Management representative and the employee, and the
Association representative where the Association is representing the employee.
9.15 Abandonment
An employee may, by written notice to his or her immediate supervisor or
local officer-in-charge, abandon a grievance at any time during the grievance
process. If the grievance in question has been processed with the support of the
Association, the Employer will notify the Association, that the employee has
abandoned the grievance. The abandonment of a grievance shall not prejudice the
position of the Association in dealing with grievances of a similar nature.
9.16 Where an employee fails to present a grievance to the
next higher step within the prescribed time limits the employee shall be deemed
to have abandoned the grievance.
9.17 In cases of alleged misinterpretation or misapplication
arising out of agreements concluded by the National Joint Council (NJC) of the
Public Service on items which may be included in a collective agreement and
which the NJC parties have endorsed, the grievance procedure will be in
accordance with Part 14 of the NJC By-Laws.
10.01 An employee shall be notified in writing of any
disciplinary action, except an oral warning, taken against the employee by the
Employer within a reasonable period of that action having been taken.
10.02 The Employer agrees not to introduce as evidence in a
hearing relating to disciplinary action any document from the file of an
employee, the existence of which the employee was not aware at the time of
filing or within a reasonable period thereafter.
10.03 Notice of disciplinary action which may have been
placed on the personnel file of an employee shall be destroyed after two (2)
years have elapsed since the disciplinary action was taken provided that no
further disciplinary action has been recorded during this period. The employee
shall be notified orally when such notice has been destroyed.
10.04 Where any disciplinary notice is placed on an
employee's personnel file, a copy of such letter or note must be presented to
the employee or sent by registered mail to the employee's last known address
within forty-eight (48) hours of its placement on the employee's personnel file.
11.01 Where operational requirements permit, the Employer
will grant leave without pay to an employee who has been elected to a full-time
office of the Association. The duration of such leave shall be for the period
the employee is elected to hold office.
11.02 Where operational requirements permit, the Employer
will grant leave without pay to a reasonable number of employees at any one time
to attend Association Executive Council meetings, congresses and conventions.
Leave without pay for this purpose shall be requested in writing to the Employer
as far in advance as possible of the date the leave is to commence, but normally
not less than fifteen (15) calendar days in advance. Approval of such requests
shall not unreasonably be withheld.
11.03 Public Service Staff Relations Board Hearings Pursuant to Section 23
of the Public Service Staff Relations Act
(a) Where operational requirements permit, the Employer will grant to an
employee who makes a complaint leave with pay if the Public Service Staff
Relations Board decides in favour of the employee and leave without pay in all
other cases.
(b) Where operational requirements permit, the Employer will grant leave
without pay to an employee who acts on behalf of an employee making a complaint,
or who acts on behalf of the Association making a complaint.
(c) The Employer will grant leave with pay to an employee called as a witness
by the Public Service Staff Relations Board.
(d) Where operational requirements permit, the Employer will grant leave
without pay to an employee called as a witness by an employee or the
Association.
11.04 Arbitration Board and Conciliation Board Hearings
(a) Where operational requirements permit, the Employer will grant leave
without pay to an employee representing the Association before an Arbitration
Board or Conciliation Board.
(b) 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 without pay to an employee called as a witness by the
Association.
11.05 Adjudication
Where operational requirements permit, the Employer will grant leave with pay
to an employee who is:
(a) a party to an adjudication,
or
(b) the representative of an employee who is a party to an adjudication,
or
(c) a witness called by an employee who is a party to an adjudication.
11.06 Contract Negotiations Meetings
(a) The Employer agrees to recognize and deal with a Collective Bargaining
Committee comprising a reasonable number of employees for the purposes of
negotiating collective agreements between the Employer and the Association.
(b) Where operational requirements permit, members of the Collective
Bargaining Committee will be granted leave without pay for meetings with the
Employer under sub-clause (a).
11.07 Presentation of Grievance
(a) An employee may be granted time off during working hours to discuss a
complaint or grievance provided prior permission of his or her immediate
supervisor is obtained.
(b) An employee who is a representative of the Association may, with the
permission of his or her immediate supervisor, be granted time off during
working hours to assist an employee in the presentation of a grievance. Where
such assistance is given during working hours in the representative's area of
jurisdiction he or she may be granted time off with pay, and where such
assistance is given at locations other than in the representative's area of
jurisdiction, leave without pay.
(c) Employees, and employees who are representatives of the Association, will
not be entitled to be paid when a discussion or meeting on a complaint or
grievance takes place outside their normal working hours.
11.08 Where operational requirements permit, the Employer
shall grant leave without pay to officers of the Association to attend to
Association business.
11.09 Operational requirements permitting, one (1) employee
member of the Association's National Executive or his or her appointed
alternate, formally invited by Federal Government agencies to attend joint
meetings for discussion of mutual problems, shall be granted leave with pay
including reasonable travel time required for attendance at such meetings.
12.01 The Employer may permit the Association to use the
Employer's premises outside the working hours of the employees for conducting
meetings of their members, which are not related to membership recruitment,
where refusal to grant permission would make it difficult for the Association to
convene a meeting. The Association 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.
12.02 Reasonable space on bulletin boards will be made
available to the Association for the posting of official Association notices in
convenient locations as determined by the Employer. Notices or other material
shall require the prior approval of the Employer, except notices of meetings of
their members and elections, the names of Association representatives and social
and recreational affairs. Notices or other material pertaining to political
matters or membership recruiting, or material which may be interpreted to
reflect discredit upon the integrity or motives of the Employer, representatives
of management, other employee organizations, or individuals shall not be posted.
13.01 The Employer and the Association recognize that
consultation and communication on matters of mutual interest outside the terms
of the Collective Agreement should promote constructive and harmonious
Employer-Association relations.
13.02 Wherever possible, the Employer shall consult with
representatives of the Association, at the appropriate level, about contemplated
changes in conditions of employment or working conditions not governed by this
Agreement.
13.03 The Employer shall recognize an Association Committee
comprised of a reasonable number of employees for the purpose of consulting with
management.
13.04 It is recognized that a subject suggested for
discussion may not be within the authority or jurisdiction of either the
management or Association representatives. In these circumstances, consultation
may take place for the purpose of providing information, discussing the
application of policy or airing problems to promote understanding, but it is
expressly understood that no commitment may be made by either party on a subject
that is not within their authority or jurisdiction, nor shall any commitment
made be construed as to alter, amend, add to, or modify the terms of this
Agreement.
13.05 Meetings with the Association Committee shall take
place at least once per calendar year, and by mutual consent, more frequently.
13.06 All meetings shall be held on the Employer's premises
at a time and for a duration determined by mutual agreement.
13.07 Full-time employees forming the continuing membership
of the Association Committee shall be protected against any loss of normal pay
by reason of attendance at such meetings with management, including reasonable
travel time where applicable. Notwithstanding clause 13.06, such meetings shall
not be held on such employees' days of rest.
13.08 A designated representative of the Association
Committee and management shall exchange written agenda for a meeting as early as
possible prior to the effective date of the meeting, but in any case normally
not less than fifteen (15) calendar days in advance.
13.09 The Employer agrees that an employee will not be
proposed as a managerial or confidential exclusion solely because the employee
may be involved in consultation with a bargaining agent certified under the Public
Service Staff Relations Act.
14.01 The Employer agrees to provide each employee with a
copy of the Collective Agreement and any amendments thereto.
14.02 The Employer agrees to provide the Association
quarterly with the names of new employees, their geographic location and
classifications. In addition, a list of changes in employees' status will be
forwarded each month to the National Office of the Association.
15.01 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 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.
15.02 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 became effective December 6, 1978.
16.01 Thirty-seven and one-half (37 1/2) hours exclusive of
lunch periods shall constitute the normal workweek.
16.02 Notwithstanding the provisions of this Article, upon
request of an employee and the concurrence of the Employer, an employee may
complete his or her weekly hours of employment in a period other than five (5)
full days provided that over a period of fourteen (14) 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 fourteen (14) day period,
such an employee shall be granted days of rest on such days as are not scheduled
as a normal work day for him or her.
16.03 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.
16.04 Employees will submit weekly attendance registration
only to report leave or overtime.
16.05 Where operational requirements permit, the Employer
will provide employees with meal and relief breaks.
17.01 Time worked by an employee in excess of his or her
scheduled hours of work shall be considered as overtime.
17.02 Overtime Compensation
**
(a) An employee shall be paid for overtime worked at one and one-half (1 1/2)
times his or her straight-time hourly rate for the first seven and one-half (7
1/2) hours of overtime and double (2) time thereafter, except that if the
overtime is worked by the employee on two (2) or more consecutive and contiguous
days of rest, the employee shall be paid at two (2) times his or her
straight-time hourly rate for each hour worked on the second (2nd)
and subsequent days of rest.
(b) An employee is entitled to overtime compensation for each completed
fifteen (15) minute period of overtime worked by the employee.
(c) An employee at his or her request, shall be granted time off in lieu of
overtime at the appropriate overtime rate. The employee and his or her
supervisor shall attempt to reach mutual agreement with respect to the time at
which the employee shall take such lieu time off. However, failing such
agreement, such lieu time will be accumulated.
Where an employee requests time off in lieu of overtime, the employee must
indicate this to his or her supervisor prior to the end of the month in which
the overtime occurred.
Where an employee has not utilized accumulated time off in lieu of overtime
by the end of the fiscal year, the unused portion will be paid off at the
appropriate overtime rate.
(d) Except as provided in sub-clause 17.02(c), the Employer will endeavour to
make cash payment for overtime in the month following the month in which the
overtime was worked.
17.03 The Employer will endeavour to keep overtime work to a
minimum and shall assign overtime equitably among employees who are qualified to
perform the work that is required at the location concerned.
17.04
**
(a) An employee who works three (3) or more hours of overtime immediately before
or immediately following the employee's scheduled hours of work shall be
reimbursed expenses for one meal in the amount of ten dollars and fifty cents
($10.50), except where free meals are provided.
**
(b) When an employee works overtime continuously extending four (4) hours or
more beyond the period provided in (a) above, the employee shall be reimbursed
for one additional meal in the amount of ten dollars and fifty cents ($10.50),
except where free meals are provided.
(c) Reasonable time with pay, to be determined by the Employer, shall be
allowed the employee in order that the employee may take a meal break either at
or adjacent to his or her place of work.
18.01 When an employee is called in to work overtime that is
not contiguous to the employee's scheduled hours of work, the employee is
entitled to the greater of:
(a) compensation at the applicable overtime rate,
or
**
(b) compensation equivalent to four (4) hours' at his or her straight-time
hourly rate of pay except that this minimum shall only apply once during a
single period of eight (8) hours, starting when the employee first commences the
work.
18.02 An employee who receives a call to duty or responds to
a telephone or data line call after completing his or her work for the day and
leaving his or her place of work may, at the discretion of the Employer, work at
the employee's residence or at another place to which the Employer agrees, and
receive compensation for time worked in accordance with the Overtime Article. In
such instances, the employee shall be paid the greater of:
(a) compensation at the applicable overtime rate for the time worked,
or
(b) compensation equivalent to one (1) hours' pay at his or her straight-time
hourly rate, which shall apply only the first (1st) time an employee
reports for work during a one-hour period, starting with the employee's first (1st)
reporting.
19.01
Where the Employer requires an employee to be available on stand-by during
off-duty hours, such employee shall be compensated at the rate of one-half (1/2)
hour for each four (4) hour period or part thereof for which the employee has
been designated as being on standby duty.
19.02
(a) An employee designated by letter or by list for stand-by duty shall be
available during his or her period of standby at a known telephone, cellular
and/or pager number and be available to return for duty as quickly as possible,
if called.
(b) No stand-by payment shall be granted if an employee is unable to report
for duty when required.
(c) An employee on stand-by who is required to report for work and reports
shall be compensated in accordance with clause 18.01.
20.01 The following days shall be designated 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 no such day is so recognized, the first Monday
in August,
(l) Any other day that is proclaimed by law as a national holiday.
20.02 When an employee works on a holiday, the employee
shall be paid, in addition to the pay he or she would have received had he or
she not worked on the holiday, one and one-half (1 1/2) times his or her
straight-time hourly rate for all hours worked by him or her on the holiday.
20.03
(a) An employee at his or her request, shall be granted time off in lieu of
cash payment at that rate. The employee and his or her supervisor shall attempt
to reach mutual agreement with respect to the time at which the employee shall
take such lieu time off. However, failing such agreement, such lieu time will be
accumulated.
(b) Where an employee requests time off in lieu of cash payment he or she
must indicate this to his or her supervisor prior to the end of the month in
which he or she worked on the holiday.
(c) Where an employee has not utilized this accumulated time off by the end
of the fiscal year, the unused portion will be paid off at the appropriate rate.
20.04
(a) An employee who is absent without pay on both the working day immediately
preceding and the working day following the holiday shall not be paid for the
holiday.
(b) An employee who is absent without permission and who is not on sick or
special leave on a designated holiday, on which he or she is scheduled to work,
shall not be entitled to be paid for the holiday.
21.01 Under the following circumstances and subject to
clause 21.02, an employee shall receive severance benefits calculated on the
basis of his or her weekly rate of pay:
(a) Lay-Off
(i) On the first (1st) lay-off after March 21, 1979, two (2)
weeks' pay for the first (1st) complete year of continuous
employment and one (1) week's pay for each additional complete year of
continuous employment with a maximum benefit of thirty (30) weeks' pay.
(ii) On second (2nd) or subsequent lay-off after March 21, 1979,
one (1) week's pay for each complete year of continuous employment with a
maximum benefit of twenty-nine (29) weeks' pay, less any period in respect of
which he or she was granted severance pay under sub-subclause 21.01(a)(i)
above.
(b) Retirement
On retirement, when an employee is entitled to an immediate annuity or
entitled to an immediate annual allowance under the Public Service
Superannuation Act, one (1) week's pay for each complete year of continuous
employment with a maximum benefit of thirty (30) weeks' pay.
(c) Death
If an employee dies, there shall be paid to his or her estate, one (1) week's
pay for each complete year of continuous employment to a maximum of thirty (30)
weeks' pay, regardless of any other benefit payable.
(d) Termination for Cause for Reasons of Incapacity
An employee released from employment under Section 11(2)(g) of the Financial
Administration Act by reason of release for incapacity shall on termination
of his or her employment be entitled to severance pay on the basis of one (1)
week's pay for each complete year of continuous employment with a maximum
benefit of twenty-eight (28) weeks' pay.
(e) Resignation
On resignation, an employee who has completed ten (10) or more years of
continuous employment and who is not qualified under sub-clause (b) above,
one-half (1/2) week's pay for each complete year of continuous employment with a
maximum benefit of thirteen (13) weeks' pay.
**
21.02 The period of continuous employment used in the
calculation of severance benefits payable to an employee under this Article
shall be reduced by any period of continuous employment in respect of which the
employee was already granted any type of termination benefit. Under no
circumstances shall the maximum severance pay provided under clause 21.01 be
pyramided.
21.03 The weekly rate of pay referred to in the above
clauses shall be the weekly rate of pay to which the employee is entitled for
the classification prescribed in his or her certificate of appointment on the
date of the termination of his or her employment.
22.01 At least ninety (90) days before the introduction of
any major technological change which will result in a reduction of staff, the
Employer shall notify the Association of the proposed change.
23.01 The Employer will continue to make provision for the
safe and healthful working conditions of employees and the Association agrees to
cooperate fully in the prevention of accidents to employees and in the
enforcement of safety rules.
24.01 Where an employee is required by the Employer to
travel to or from the employee's headquarters area as normally defined by the
Employer, the employee's method of travel shall be determined by the Employer.
However, if an employee wishes to use a different method, the employee's wish
will not be arbitrarily refused provided that the method chosen is consistent
with the purpose of the travel and does not entail additional costs.
24.02 When required to travel, the employee will be
compensated in the following manner:
(a) On a normal working day on which he or she travels but does not work, the
employee shall receive his or her normal pay for the day.
(b) On a normal working day on which the employee travels and works, the
employee shall be paid:
(i) his or her normal pay for the day for a combined period of travel and
work but not exceeding his or her normal hours of work,
and
(ii) at the applicable overtime rate for additional travel time in excess
of the employee's normal hours of work, with a maximum payment for such
additional travel time not to exceed eight (8) hours' pay at the applicable
overtime 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 eight
(8) hours' pay at one and a half (1 1/2) times the employee's straight-time
hourly rate.
24.03 When an employee is required by the Employer to travel
to or from the employee's headquarters area as normally defined by the Employer,
the employee may in accordance with clause 24.01 above:
(a) elect to travel via scheduled air carrier at the most economical air fare
or its equivalent;
or
(b) elect to use privately-owned transportation and be reimbursed at the rate
shown in clause 2.13 (use at traveller's request) of the Treasury Board Travel
Directive;
or
(c) be requested by the Employer, or elect to use privately-owned
transportation and be reimbursed at the rate shown in clause 2.12 (use at
Employer's request) of the Treasury Board Travel Directive.
(d) When the employee elects under sub-clauses (b) or (c) above to use
privately-owned transportation, the employee shall be paid at the applicable
rate for the time normally required to travel portal to portal by air carrier.
(e) Employees travelling to or from Ottawa for temporary assignments in
excess of five (5) days, whose headquarters area is in Newfoundland or the
Pacific or Western Region, who elect to use privately-owned transportation under
sub-clauses (b) or (c) above shall be allowed an additional day in which to
travel and shall receive normal pay for that day. An employee travelling to or
from Ottawa for temporary assignments in excess of five (5) days, whose
headquarters is in the Pacific Region will be allowed a day with pay in addition
to the day noted immediately above.
(f) An employee who elects to use privately-owned transportation under
sub-clause (c) above shall be reimbursed at the rate shown in clause 2.12 of the
Treasury Board Travel Directive, or an amount equal to the most economical air
fare including the normal airport limousine fares, whichever is the least, in
lieu of travel expenses.
24.04 When an employee requires hotel accommodation, the
employee will select a hotel that has been approved and is listed in the Public
Works and Government Services Hotel Directory. He or she will choose
accommodation which his or her supervisor agrees is convenient for the purposes
of the travel and which does not require unnecessary related transportation
costs. Where the work site is an airport, transportation costs between the
airport and the hotel which do not exceed the official airport limousine fares
shall not be deemed to be unnecessary related transportation costs.
24.05 Except as may be modified in this agreement, employees
will be reimbursed for all travel expenses in accordance with the current
Treasury Board Travel Directive.
24.06 Travel Status Leave
(a) An employee who is required to travel outside his or her headquarters
area on government business, as these expressions are defined by the Employer,
and is away from his permanent residence for forty (40) nights during a fiscal
year shall be granted one (1) day off with pay. The employee shall be credited
with one additional day off for each additional twenty (20) nights that the
employee is away from his or her permanent residence to a maximum of eighty (80)
additional nights.
(b) The maximum number of days off earned under this clause shall not exceed
five (5) days in a fiscal year and shall accumulate as compensatory leave with
pay.
(c) The Employer shall grant the travel status leave at times convenient to
both the employee and the Employer.
(d) If any of this leave cannot be liquidated by the end of the fiscal year,
then payment in cash shall be made at the employee's rate of pay as of March 31st.
The provisions of this clause do not apply when the employee travels in
connection with courses, training sessions, professional conferences and
seminars.
25.01 With the exception of vacation leave requests and
holidays, the employee must provide satisfactory validation of the circumstances
necessitating requests for leave with or without pay, if required by the
Employer, in such manner and at such time as may be determined by the Employer
and confirmed in writing.
25.02
(a) When an employee becomes subject to this Agreement, his or her earned
daily leave credits shall be converted into hours. When an employee ceases to be
subject to this Agreement, his or her earned hourly leave credits shall be
reconverted into days, with one (1) day being equal to seven and one-half (7
1/2) hours.
(b) When leave is granted, it will be granted on an hourly basis and the
number of hours debited for each day of leave being equal to the number of hours
of work scheduled for the employee for the day in question.
(c) Notwithstanding the above, in Article 34, "Bereavement Leave with
Pay," a "day" will mean a calendar day.
25.03 Except as otherwise specified in this Agreement:
(a) Where leave without pay for a period in excess of three (3) months is
granted to an employee for reasons other than illness, the total period of leave
granted shall be deducted from "continuous employment" for the purpose
of calculating severance pay and vacation leave.
(b) Time spent on such leave which is for a period of more than three (3)
months shall not be counted for pay increment purposes.
26.01 An employee who has earned at least ten (10) days' pay
for each calendar month of a fiscal year shall earn vacation leave at the
following rates:
(a) one hundred and twelve point five (112.5) hours if the employee has
completed less than eight (8) years of continuous employment;
(b) one hundred and fifty (150) hours per fiscal year if the employee has
completed eight (8) years of continuous employment;
(c) one hundred and sixty-five (165) hours per fiscal year if the employee
has completed sixteen (16) years of continuous employment;
(d) one hundred and seventy-two pint five (172.5) hours per fiscal year if
the employee has completed seventeen (17) years of continuous employment;
(e) one hundred and eighty-seven point five (187.5) hours per fiscal year if
the employee has completed eighteen (18) years of continuous employment;
(f) two hundred and two point five (202.5) hours per fiscal year if the
employee has completed twenty-seven (27) years of continuous employment;
(g) two hundred and twenty-five (225) hours per fiscal year if the employee
has completed twenty-eight (28) years of continuous employment;
26.02 An employee who has not received 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 26.01 for each calendar
month for which he or she receives at least ten (10) days' pay.
26.03 An employee earns but is not entitled to receive
vacation leave with pay during his or her first six (6) months of continuous
employment.
26.04
(a) The vacation year extends from April 1 to March 31 and vacation may be
scheduled by the Employer at any time during this period.
(b) Local representatives of the Association shall be given the opportunity
to consult with representatives of the Employer on vacation schedules.
Consistent with efficient operating requirements the Employer shall make every
reasonable effort to schedule vacations in a manner acceptable to employees.
(c) Subject to operational requirements, the Employer shall make every
reasonable effort to schedule an employee's vacation leave during the fiscal
year it is earned. Where in any fiscal year, the Employer has not scheduled all
of the vacation leave credited to an employee, the unused portion of the
employee's vacation leave shall be carried over into the following fiscal year,
subject to the conditions in sub-subclauses (d)(i)-(iv).
(d) It is agreed by the parties, in accordance with the intent of Article 26
that it is both appropriate and desirable that each employee utilize his or her
full vacation entitlement during the vacation year in which such vacation
entitlement is earned. However, an employee may elect to carry forward into the
next vacation year unused vacation up to a maximum of ten (10) working days
subject to the following conditions:
(i) that any vacation period carried forward from the previous vacation
year and utilized by any employee does not disrupt vacation schedules in the
current vacation year nor prevent another employee from taking his or her
regularly scheduled vacation for that year;
(ii) that the days which are carried over from the previous vacation year
are taken at a time which is acceptable to both the Employer and the employee;
(iii) that an employee's vacation earned in the vacation year will be
utilized before days carried forward from the previous vacation year;
(iv) any vacation leave credits in excess of thirty-five (35) days on March
31 will be paid off at the employee's straight-time rate of pay in effect at
that time.
26.05 During any vacation year, upon application by the
employee and at the discretion of the Employer, earned but unused vacation leave
credits in excess of fifteen (15) days may be paid in cash at the employee's
straight-time rate of pay as calculated from the classification prescribed in
the employee's certificate of appointment of the employee's substantive position
on March 31.
26.06 Where, in respect of any period of vacation leave, an
employee is granted bereavement leave, or 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.
26.07 Where an employee dies or otherwise terminates his or
her employment after a period of continuous employment of not more than six (6)
months, the employee or the employee's estate shall be paid an amount equal to
the earned but unused vacation leave.
**
26.08 Subject to clause 26.09, where an employee dies or
voluntarily terminates his or her employment or is terminated from employment
after a period of continuous employment of more than six (6) months, the
employee or the employee's estate shall, in lieu of earned but unused vacation
leave, be paid an amount equal to the product obtained by multiplying the number
of hours of earned but unused vacation leave by the straight-time rate of pay
applicable to the employee immediately prior to the termination of the
employee's employment.
26.09 An employee whose employment is terminated for cause
pursuant to Section 11(2)(g) of the Financial Administration Act by
reason of abandonment of his or her position is not entitled to receive the
payment referred to in clause 26.08, unless the employee requests it within six
(6) months following the date upon which the employee's employment is
terminated.
26.10 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 he or she 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 or
she immediately resumes vacation upon completing the assignment for which he or
she was recalled,
after submitting such accounts as are normally required by the Employer.
26.11 The employee shall not be considered as being on
vacation leave during any period in respect of which the employee is entitled
under clause 26.10 to be reimbursed for reasonable expenses incurred by him or
her.
26.12
(a) The Employer agrees to issue advance payments of net salary for vacation
periods, provided six (6) weeks' notice is received from the employee in advance
of the day payment is required.
(b) Provided an employee has been authorized to proceed on vacation for the
period concerned, advance payment of net salary shall be made prior to departure
and shall consist of an estimated two (2), three (3), four (4) or five (5)
weeks' net entitlement subsequent to the last regular pay issue.
Any overpayment in respect of such advance shall be an immediate first charge
against any subsequent pay entitlement and shall be recovered in full prior to
any further payment of salary.
27.01 An employee shall earn sick leave credits at the rate
of nine point three seven five (9.375) hours for each calendar month for which
that employee receives pay for at least ten (10) days.
27.02 An employee is eligible for sick leave with pay when
the employee is unable to perform his or her duties because of illness or injury
provided that:
(a) the employee has the necessary sick leave credits,
and
(b) the employee satisfies the Employer of this condition in such manner and
at such time as may be determined by the Employer.
27.03 Unless otherwise informed by the Employer before or
during the period of illness or injury that a certificate from a qualified
medical practitioner, licensed chiropractor, dentist, dental surgeon or
orthodontist, will be required, a statement signed by the employee stating that
because of this illness or injury the employee was unable to perform his or her
duties shall, when delivered to the Employer, be considered as meeting the
requirements of sub-clause 27.02(b):
(a) if the period of leave requested does not exceed five (5) days,
and
(b) if in the current fiscal year, the employee has not been granted more
than ten (10) days' sick leave wholly on the basis of statements signed by the
employee.
27.04 An employee is not eligible for sick leave with pay
during any period in which the employee is on leave of absence without pay or
under suspension.
27.05 Where an employee has insufficient or no credits to
cover the granting of sick leave with pay under the provisions of clause 27.02,
sick leave with pay may, at the discretion of the Employer, be granted for a
period of up to one hundred and twelve point five (112.5) hours subject to the
deduction of such advanced leave from any sick leave credits subsequently
earned.
27.06 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.
27.07 The Employer agrees that an employee terminated for
cause for reasons of incapacity pursuant to Section 11(2)(g) of the Financial
Administration Act may exhaust his or her accumulated sick leave credits
prior to his or her release.
28.01 An employee shall be granted injury-on-duty leave with
pay for such period as may be reasonably determined by the Employer when a claim
has been made pursuant to the Government Employees' Compensation Act,
and a Workers' Compensation authority has notified the Employer that it has
certified that the employee is unable to work because of:
(a) personal injury accidentally received in the performance of his or her
duties and not caused by the employee's willful misconduct,
or
(b) an industrial illness or a disease arising out of and in the course of
the employee's employment, if the employee agrees to remit to the Receiver
General of Canada any amount received by him or her in compensation for loss of
pay resulting from or in respect of such injury, illness or disease providing,
however, that such amount does not stem from a personal disability policy for
which the employee or the employee's agent has paid the premium.
29.01 Maternity Leave without Pay
(a) An employee who becomes pregnant shall, upon request, be granted
maternity leave without pay for a period beginning before, on or after the
termination date of pregnancy and ending not later than seventeen (17) weeks
after the termination date of pregnancy.
(b) Notwithstanding sub-clause (a):
(i) where the employee has not yet proceeded on maternity leave without pay
and her newborn child is hospitalized,
or
(ii) where the employee has proceeded on maternity leave without pay and
then returns to work for all or part of the period during which her newborn
child is hospitalized,
the period of maternity leave without pay defined in sub-clause (a) may be
extended beyond the date falling seventeen (17) weeks after the date of
termination of pregnancy by a period equal to that portion of the period of
the child's hospitalization during which the employee was not on maternity
leave, to a maximum of seventeen (17) weeks.
the period of maternity leave without pay defined in sub-clause (a) may be
extended beyond the date falling seventeen (17) weeks after the date of
termination of pregnancy by a period equal to that portion of the period of the
child's hospitalization during which the employee was not on maternity leave, to
a maximum of seventeen (17) weeks.
(c) The extension described in sub-clause (b) shall end not later than
fifty-two (52) weeks after the termination date of pregnancy.
(d) The Employer may require an employee to submit a medical certificate
certifying pregnancy.
(e) An employee who has not commenced maternity leave without pay may elect
to:
(i) use earned vacation and compensatory leave credits up to and beyond the
date that her pregnancy terminates;
(ii) use her sick leave credits up to and beyond the date that her
pregnancy terminates, subject to the provisions set out in the Sick Leave
Article. For purposes of this sub-clause, the terms "illness" or
"injury" used in the Sick Leave Article shall include medical
disability related to pregnancy.
(f) An employee shall inform the Employer in writing of her plans for taking
leave with and without pay to cover her absence from work due to the pregnancy
at least four (4) weeks in advance of the initial date of continuous leave of
absence during which termination of pregnancy is expected to occur unless there
is a valid reason why the notice cannot be given.
(g) Leave granted under this clause shall be counted for the calculation of
"continuous employment" for the purpose of calculating severance pay
and vacation leave. Time spent on such leave shall be counted for pay increment
purposes.
29.02 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 sub-clause (c) to (j), provided
that she:
(i) has completed six (6) months of continuous employment before the
commencement of her maternity leave without pay,
(ii) provides the Employer with proof that she has applied for and is in
receipt of pregnancy benefits pursuant to Section 22 of the Employment
Insurance Act in respect of insurable employment with the Employer,
and
(iii) has signed an agreement with the Employer stating that:
(A) she will return to work on the expiry date of her maternity leave
without pay unless the return to work date is modified by the approval of
another form of leave;
(B) following her return to work, as described in section (A), she will
work for a period equal to the period she was in receipt of the maternity
allowance;
(C) should she fail to return to work in accordance with section (A), or
should she return to work but fail to work for the total period specified in
section (B), for reasons other than death, lay-off, early termination due to
lack of work or discontinuance of a function of a specified period of
employment that would have been sufficient to meet the obligations specified
in section (B), or having become disabled as defined in the Public
Service Superannuation Act, she will be indebted to the Employer for an
amount determined as follows:
(allowance received)
|
X
|
(remaining period to be worked
following her return to work)
|
|
|
[total period to be worked
as specified in (B)]
|
however, an employee whose specified period of employment expired and who
is rehired by the same department within a period of five (5) days or less
is not indebted for the amount if her new period of employment is sufficient
to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with
pay shall count as time worked. Periods of leave without pay during the
employee's return to work will not be counted as time worked but shall interrupt
the period referred to in section (a)(iii)(B), without activating the recovery
provisions described in section (a)(iii)(C).
(c) Maternity allowance payments made in accordance with the SUB Plan will
consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks
before receiving Employment Insurance pregnancy benefits, ninety-three per
cent (93%) of her weekly rate of pay for each week of the waiting period, less
any other monies earned during this period,
and
(ii) for each week that the employee receives a pregnancy benefit pursuant
to Section 22 of the Employment Insurance Act, the difference between
the gross weekly amount of the Employment Insurance pregnancy benefit she is
eligible to receive and ninety-three per cent (93%) of her weekly rate of pay
less any other monies earned during this period which may result in a decrease
in Employment Insurance benefits to which she would have been eligible if no
extra monies had been earned during this period.
(d) At the employee's request, the payment referred to in sub-clause
29.02(c)(i) will be estimated and advanced to the employee. Adjustments will be
made once the employee provides proof of receipt of Employment Insurance
pregnancy benefits.
(e) The maternity allowance to which an employee is entitled is limited to
that provided in sub-clause (c) and an employee will not be reimbursed for any
amount that she may be required to repay pursuant to the Employment
Insurance Act.
(f) The weekly rate of pay referred to in sub-clause (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day
immediately preceding the commencement of maternity leave without pay,
(ii) for an employee who has been employed on a part-time or on a combined
full-time and part-time basis during the six (6) month period preceding the
commencement of maternity leave, the rate obtained by multiplying the weekly
rate of pay in sub-clause (i) by the fraction obtained by dividing the
employee's straight time earnings by the straight time earnings the employee
would have earned working full-time during such period.
(g) The weekly rate of pay referred to in sub-clause (f) shall be the rate to
which the employee is entitled for her substantive level to which she is
appointed.
(h) Notwithstanding sub-clause (g), and subject to sub-subclause (f)(ii), if
on the day immediately preceding the commencement of maternity leave without pay
an employee has been on an acting assignment for at least four (4) months, the
weekly rate shall be the rate she was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision
while in receipt of the maternity allowance, the allowance shall be adjusted
accordingly.
(j) Maternity allowance payments made under the SUB Plan will neither reduce
nor increase an employee's deferred remuneration or severance pay.
29.03 Special Maternity Allowance for Totally Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in sub-subclause
29.02(a)(ii) solely because a concurrent entitlement to benefits under the
Disability Insurance (DI) Plan, the Longterm 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 29.02(a), other than those specified in sections (A) and (B) of
sub-subclause 29.02(a)(iii),
shall be paid, in respect of each week of maternity allowance not received for
the reason described in sub-subclause (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.
shall be paid, in respect of each week of maternity allowance not received for
the reason described in sub-subclause (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
29.02 for a combined period of no more than the number of weeks during which she
would have been eligible for pregnancy benefits pursuant to Section 22 of the Employment
Insurance Act had she not been disqualified from Employment Insurance
pregnancy benefits for the reasons described in sub-subclause (a)(i).
29.04 Transitional Provisions
If, on the date of signature of this Agreement, an employee is currently on
maternity leave without pay or has requested a period of maternity leave but has
not commenced the leave, she shall upon request be entitled to the provisions of
this Article. Any application must be received before the termination date of
the leave period originally requested.
30.01 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 partner), the employee
shall, upon request, be granted parental leave without pay for a single period
of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period
beginning on the day on which the child is born or the day on which the child
comes into the employee's care.
(b) Where an employee commences legal proceedings under the laws of a
province to adopt a child or obtains an order under the laws of a province for
the adoption of a child, the employee shall, upon request, be granted parental
leave without pay for a single period of up to thirty-seven (37) consecutive
weeks in the fifty-two week (52) period beginning on the day on which the child
comes into the employee's care.
(c) Notwithstanding sub-clauses (a) and (b):
(i) where the employee's child is hospitalized within the period defined in
the above sub-clauses, 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.
the period of parental leave without pay specified in the original leave
request may be extended by a period equal to that portion of the period of the
child's hospitalization during which the employee was not on parental leave.
However, the extension shall end not later than fifty-two (52) weeks after the
day on which the child comes into the employee's care.
**
(d) An employee who intends to request parental leave without pay shall notify
the Employer at least four (4) weeks in advance of the expected date of the
birth of the employee's child (including the child of a common-law partner), or
the date the child is expected to come into the employee's care pursuant to
sub-clauses (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 sub-clause, 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 vacation leave. Time spent on such leave shall count for pay increment
purposes.
30.02 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 sub-clauses (c) to (j), 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 29.02(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)]
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however, an employee whose specified period of employment expired and who
is rehired by the same department within a period of five (5) days or less
is not indebted for the amount if his or her new period of employment is
sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with
pay shall count as time worked. Periods of leave without pay during the
employee's return to work will not be counted as time worked but shall interrupt
the period referred to in section (a)(iii)(B), without activating the recovery
provisions described in section (a)(iii)(C).
**
(c) Parental Allowance payments made in accordance with the SUB Plan will
consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks
before receiving Employment Insurance parental benefits, ninety-three per cent
(93%) of his/her weekly rate of pay for each week of the waiting period, less
any other monies earned during this period;
(ii) for each week in respect of which the employee receives parental
benefits pursuant to Section 23 of the Employment Insurance Act, the
difference between the gross weekly amount of the Employment Insurance
parental benefits he or she is eligible to receive and ninety-three per cent
(93%) of his or her weekly rate of pay less any other monies earned during
this period which may result in a decrease in Employment Insurance benefits to
which he or she would have been eligible if no extra monies had been earned
during this period.
(d) At the employee's request, the payment referred to in sub-subclause
30.02(c)(i) will be estimated and advanced to the employee. Adjustments will be
made once the employee provides proof of receipt of EI parental benefits.
(e) The parental allowance to which an employee is entitled is limited to
that provided in sub-clause (c) and an employee will not be reimbursed for any
amount that he or she is required to repay pursuant to the Employment
Insurance Act.
(f) The weekly rate of pay referred to in sub-clause (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day
immediately preceding the commencement of maternity or parental leave without
pay;
(ii) for an employee who has been employed on a part-time or on a combined
full time and part-time basis during the six (6) month period preceding the
commencement of maternity or parental leave without pay, the rate obtained by
multiplying the weekly rate of pay in sub-subclause (i) by the fraction
obtained by dividing the employee's straight time earnings by the straight
time earnings the employee would have earned working full time during such
period.
(g) The weekly rate of pay referred to in sub-clause (f) shall be the rate to
which the employee is entitled for the substantive level to which she or he is
appointed.
(h) Notwithstanding sub-clause (g), and subject to sub-subclause (f)(ii), if
on the day immediately preceding the commencement of parental leave without pay
an employee is performing an acting assignment for at least four (4) months, the
weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision
while in receipt of parental allowance, the allowance shall be adjusted
accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce
nor increase an employee's deferred remuneration or severance pay.
30.03 Special Parental Allowance for Totally Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in sub-subclause
30.02(a)(ii) solely because a concurrent entitlement to benefits under the
Disability Insurance (DI) Plan, the Long-term Disability (LTD) Insurance
portion of the Public Service Management Insurance Plan (PSMIP) or via the Government
Employees Compensation Act prevents the employee from receiving
Employment Insurance parental benefits,
and
(ii) has satisfied all of the other eligibility criteria specified in
sub-clause 30.02(a), other than those specified in sections (A) and (B) of
sub-subclause 30.02(a)(iii),
shall be paid, in respect of each week of benefits under the parental
allowance not received for the reason described in sub-subclause (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.
shall be paid, in respect of each week of benefits under the parental allowance
not received for the reason described in sub-subclause (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
30.02 for a combined period of no more than the number of weeks during which the
employee would have been eligible for parental benefits pursuant to Section 23
of the Employment Insurance Act, had the employee not been disqualified
from Employment Insurance parental benefits for the reasons described in
sub-subclause (a)(i).
30.04 Transitional Provisions
If, on the date of signature of this Agreement, an employee is currently on
parental leave without pay or has requested a period of such leave without pay
but has not commenced the leave, he or she shall upon request be entitled to the
provisions of this Article. Any application must be received before the
termination date of the leave period originally requested.
31.01
**
(a) For the purpose of this clause, family is defined as spouse (or common-law
partner resident with the employee), children (including children of legal or
common-law partner), parents (including step-parents or foster parents), or any
relative permanently residing in the employee's household or with whom the
employee permanently resides.
(b) The Employer shall grant leave with pay under the following
circumstances:
(i) up to one (1) day to take a family member for a medical or dental
appointment when the family member is incapable of attending the appointments
by himself of herself, or for appointments with appropriate authorities in
schools or adoption agencies. An employee is expected to make reasonable
efforts to schedule medical or dental appointments for family members to
minimize his or her absence from work. An employee requesting leave under this
provision must notify his or her supervisor of the appointment as far in
advance as possible;
(ii) to provide for the immediate and temporary care of a sick member of
the employee's family and to provide an employee with time to make alternate
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.
(c) The total leave with pay which may be granted under sub-clause (b) shall
not exceed five (5) days in a fiscal year.
**
32.01 After the completion of one (1) year's continuous
employment in the Public Service, an employee who gives the Employer at least
twenty (20) days' notice, shall be granted marriage leave with pay but not more
than five (5) days, for the purpose of getting married.
33.01 Both parties recognize the importance of access to
leave for the purpose of care for the immediate family.
**
33.02 For the purpose of this article, family is defined as
spouse (or common-law partner resident with the employee), children (including
foster children or children of legal or common-law partner), parents (including
stepparents or foster parents) or any relative permanently residing in the
employee's household or with whom the employee permanently resides.
33.03 Subject to clause 33.02, an employee shall be granted
leave without pay for the Care of Immediate Family in accordance with the
following conditions:
(a) 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;
(b) leave granted under this clause shall be for a minimum period of three
(3) weeks;
(c) 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;
(d) leave granted for a period of one (1) year or less shall be scheduled in
a manner which ensures continued service delivery.
33.04 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.
33.05 All leave granted under Leave Without Pay for the Care
and Nurturing of Pre-School Age Children under the terms of the previous AI
collective agreement 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.
Transitional Provision
33.06
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.
(a) 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 (Article 33)
under the terms of the agreement expired on June 30, 2000, continues on that
leave for the approved duration or until the employee's return to work, if the
employee returns to work before the end of the approved leave.
(b) 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.
**
34.01 For the purpose of this clause, immediate family is
defined as father, mother, (or alternatively, stepfather, stepmother or foster
parent), brother, sister, spouse (including common-law partner resident with the
employee), child (including child of common-law partner), ward of the employee,
father-in-law, mother-in-law, grandparent, grandchild and relative permanently
residing in the employee's household or with whom the employee permanently
resides.
34.02 When a member of the employee's immediate family dies,
an employee shall be entitled to a bereavement period of five (5) consecutive
calendar days which must include the day of the funeral. During such period, the
employee shall be paid for those days which are not regularly scheduled days of
rest for that employee. In addition, the employee may be granted up to three (3)
days' leave with pay for the purpose of travel related to the death.
34.03 An employee is entitled to up to one (1) day's
bereavement leave with pay for the purpose related to the death of the
employee's son-in-law, daughter-in-law, brother-in-law or sister-in-law.
34.04 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 Employer may, after considering the particular
circumstances involved, grant leave with pay for a period greater than and/or in
a manner different than that provided for in clauses 34.02 and 34.03.
35.01 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 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 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.
36.01 Where an employee participates as a candidate in a
personnel selection process for a position in the Public Service, as defined in
the Public Service Staff Relations Act, the employee is entitled to
leave with pay for the period during which the employee's presence is required
for purposes of the selection process, and for such further period as the
Employer considers reasonable for the employee to travel to and from the place
where his or her presence is so required. Remuneration in these circumstances
shall be limited to normal pay.
37.01 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 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 his or her 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.
37.02 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 his or her normal 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.
37.03 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.
37.04 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, except with the permission of the Employer:
(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.
37.05 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 37.05(a) above. Article 17, Overtime, and
Article 24, Travel, do not apply 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.
37.06 Invitation to Participate at Seminars and Conventions
An employee invited to give courses or lectures on matters related to his or
her field of employment or to take part in seminars and conventions pertaining
to Air Traffic Control and related to his or her employment may, at the
discretion of the Employer, be given leave with pay for such attendance.
38.01
**
(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, a single period of up to seven decimal five (7.5)
hours 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.
39.01
**
(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, a single period of up to seven decimal five (7.5)
hours of leave with pay for reasons of a personal nature.
(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.
40.01 It is agreed that, operational requirements
permitting, employees in the Air Traffic Control Group who are selected for
employment by ICAO, CUSO, or under Canada's External Aid Programme, will be
granted leave without pay on presentation of a letter indicating their
acceptance by such an organization.
40.02 At the discretion of the Employer, leave with pay may
be granted when circumstances not directly attributable to the employee prevent
the employee's reporting for duty. Such leave shall not be unreasonably
withheld.
40.03 At its discretion, the Employer may grant leave
without pay for purposes other than those specified in this Agreement.
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