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Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
1.01 The purpose of this Agreement is to maintain harmonious and mutually
beneficial relationships between the Employer, the employees and the Union, 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 a high standard in the operation of air services 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) "Union" means the Aircraft Operations Group Association;
**
(b) "bargaining unit" means all the employees of the Employer in the Aircraft Operations Group, as described
in the certificate issued by the Public Service Staff Relations Board on the fourteenth (14th) day of
November 1984, and amended May 5, 1999;
**
(c) "Civil Aviation Inspector" means an employee in the Civil Aviation Inspectors Sub-Group of the Aircraft
Operations Group;
(d) "continuous employment" has the same meaning as specified in the Public Service Terms and Conditions
of Employment Regulations;
(e) a "common-law spouse" relationship is said to exist when, for a continuous period of at least
one (1) year, an employee has lived with a person of the opposite sex, publicly represented that person to be his or
her spouse, and lives and intends to continue to live with that person as if that person were his or her spouse;
(f) "daily rate of pay" means an employee's weekly rate of pay divided by five (5);
(g) "day of rest" in relation to an employee means a day other than a Holiday on which that employee is not
ordinarily required to perform the duties of his or her position other than by reason of the employee being on leave of
absence;
(h) "double time" means twice an employee's hourly rate of pay;
(i) "employee" means a person who is a member of the bargaining unit;
**
(j) "Engineering Test Pilot" means an employee in the Engineering Test Pilots Sub-Group of the Aircraft
Operations Group;
(k) "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;
(l) "headquarters area" has the same meaning as given to the expression in the Treasury Board Travel
Directive;
**
(m) "Helicopter Pilot" means an employee in the Helicopter Pilots and Supervisors Sub-Group of the Aircraft
Operations Group;
(n) "holiday" means the twenty-four (24) hour period commencing at 00:01 a.m. of a day designated as a
Holiday in this Agreement;
(o) "hourly rate of pay" means an employee's daily rate of pay divided by seven and one-half (7 1/2);
(p) "lay-off" means the termination of an employee's employment because of a lack of work or because of the
discontinuance of a function;
(q) "leave" means authorized absence from duty by an employee during the employee's regular or normal hours
of work;
(r) "membership dues" means the dues established pursuant to the constitution of the Union as the dues
payable by its members as a consequence of their membership in the Union, and shall not include any initiation fee,
insurance premium, or special levy;
(s) "time and one-half" means one and one-half (1 1/2) times an employee's hourly rate of pay;
and
(t) "weekly rate of pay" means an employee's annual rate of pay divided by 52.176.
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 The provisions of this Agreement apply to the Union, employees and
the Employer.
3.02 Throughout this Agreement, words importing the masculine gender shall
include the feminine gender.
4.01 The parties agree that, in the event of a dispute arising out of the
interpretation of a clause or Article in this Agreement, such dispute shall in the first instance be referred to the
parties who will meet within a reasonable time and seek to resolve the problem.
5.01 Nothing in this Agreement shall be construed to require the Employer
to do or refrain from doing anything contrary to any instruction, direction or regulations given or made by or on
behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or
associated with Canada.
6.01 Both English and French texts of this Agreement shall be
official.
7.01 If any law now in force or enacted during the term of this Agreement
renders null and void any provision of this Agreement, the remaining provisions shall remain in effect for the term of
the Agreement.
**
8.01 The Employer recognizes the Union as the exclusive bargaining agent
for all employees described in the certificate issued by the Public Service Staff Relations Board on the
fourteenth (14th) day of November 1984, and amended May 5, 1999, covering all of the employees of the
Employer in the Aircraft Operations Group.
8.02 The Employer recognizes that it is a proper function and a right of
the Union to bargain with a view to arriving at a collective agreement, and the Employer and the Union agree to bargain
in good faith, in accordance with the provisions of the Public Service Staff Relations Act.
9.01 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.
10.01 Nothing in this Agreement shall be construed as an abridgement or
restriction of any employee's constitutional rights or of any right expressly conferred in an Act of the Parliament of
Canada.
11.01 The Employer acknowledges the right of the Union to appoint or
otherwise select employees as representatives.
11.02 The Union and the Employer shall endeavour in consultation to
determine the jurisdiction of each representative, having regard to the plan of organization, the number and
distribution of employees at the work place and the administrative structure implied by the grievance procedure. Where
the parties are unable to agree in consultation, then any dispute shall be resolved by the grievance/ adjudication
procedure.
11.03 The Union shall notify the Employer in writing of the name and
jurisdiction of its representatives identified pursuant to clause 11.02.
12.01 A Representative shall obtain the permission of his or her immediate
Supervisor before leaving work to investigate with fellow employees complaints of an urgent nature, to meet with local
management for the purpose of discussing such complaints or problems directly related to employment and to attend
meetings called by management. The Representative shall report back to his or her Supervisor, or designee, before
resuming normal duties.
13.01 The Employer agrees that access to its premises may be allowed to
permanent employees of the Union for the purpose of interviewing a Union member.
**
13.02 Permission to hold such meeting shall in each case be obtained from
the Employer's designated staff relations representative and such meeting shall not interfere with the operations of
the department or section concerned.
14.01 The Employer agrees to supply the Union each quarter with the name,
geographic location and classification of each new employee.
14.02 The Employer agrees to supply each employee with a copy of the
Collective Agreement.
15.01 The Employer will provide specific bulletin board space for the use
of the Union at suitable locations accessible to employees, sites to be determined by the Employer and the Union,
provided that the use of such boards by the Union shall be restricted to the posting of information relating to the
business affairs, meetings, social events and reports of various committees of the Union, and shall contain nothing
that is adverse to the interest of the Employer. Copies of information to be posted shall be supplied to the Department
Head concerned. The Employer shall have the right to refuse the posting of any information it considers adverse to its
interests. The Employer will make available to the Union specific locations on the premises for the storage of
reasonable quantities of Union literature.
**
16.01 Public Service Staff Relations Board Hearings
(1) Complaints made to the Public Service Staff Relations Board pursuant to Section 20 of the
Public Service Staff Relations Act
Where operational requirements as determined by the Employer permit, the Employer will grant leave
with pay:
(a) to an employee who makes a complaint on his or her own behalf before the Public Service Staff
Relations Board,
and
(b) to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the
Union making a complaint.
(2) Applications for Certification, Representations and Interventions with respect to Applications
for Certification
Where operational requirements as determined by the Employer permit, the Employer will grant leave
without pay:
(a) to an employee who represents the Union in an application for certification or in an intervention,
and
(b) to an employee who makes personal representations with respect to a certification.
(3) Employee called as a Witness
The Employer will grant:
(a) leave with pay to an employee called as a witness by the Public Service Staff Relations Board,
and
(b) where operational requirements as determined by the Employer permit, leave without pay to an employee called as
a witness by an employee or the Union.
16.02 Arbitration Board and Conciliation Board Hearings
(1) Where operational requirements as determined by the Employer permit, the Employer will grant
leave without pay to an employee representing the Union before an Arbitration Board or Conciliation Board.
(2) Employee called as a Witness
The Employer will grant leave with pay to an employee called as a witness by an Arbitration Board or
Conciliation Board and, where operational requirements as determined by the Employer permit, leave without pay to an
employee called as a witness by the Union.
**
16.03 Adjudication
(1) Employee who is a Party
Where operational requirements as determined by the Employer permit, the Employer will grant leave
with pay to an employee who is a party to the adjudication.
(2) Employee who acts as Representative
Where operational requirements as determined by the Employer permit, the Employer will grant leave
with pay to the representative of an employee who is a party to the adjudication.
(3) Employee called as a Witness
Where operational requirements as determined by the Employer permit, the Employer will grant leave
without pay to a witness called by an employee who is a party to the adjudication.
16.04 Meetings During the Grievance Process
(1) Employee presenting Grievance
Where operational requirements as determined by the Employer permit, the Employer will grant to an
employee:
(a) where the Employer originates a meeting with the employee who has presented the grievance, leave
with pay when the meeting is held in the headquarters area of such employee and "on duty" status when the meeting is
held outside the headquarters area of such employee;
and
(b) where an employee who has presented a grievance seeks to meet with the Employer, leave with pay
to the employee when the meeting is held in the headquarters area of such employee and leave without pay when the
meeting is held outside the headquarters area of such employee.
(2) Employee who acts as Representative
Where an employee wishes to represent at a meeting with the Employer, an employee who has presented a
grievance, the Employer will, where operational requirements as determined by the Employer permit, grant leave with pay
to the representative when the meeting is held in the headquarters area of such employee and leave without pay when the
meeting is held outside the headquarters area of such employee.
(3) Grievance Investigations
Where an employee has asked or is obliged to be represented by the Union in relation to the
presentation of a grievance and an employee acting on behalf of the Union wishes to discuss the grievance with the
employee, the employee and the representative of the employee will, where operational requirements as determined by the
Employer permit, be given reasonable leave with pay for this purpose when the discussion takes place in the
headquarters area of such employee and leave without pay when it takes place outside the headquarters area of such
employee.
16.05 Contract Negotiations Meetings
Where operational requirements as determined by the Employer permit, the Employer will grant leave without pay to an
employee for the purpose of attending contract negotiations meetings on behalf of the Union.
16.06 Preparatory Contract Negotiations Meetings
Where operational requirements as determined by the Employer permit, the Employer will grant leave without pay to a
reasonable number of employees to attend preparatory contract negotiations meetings.
16.07 Meetings Between the Union and Management
Where operational requirements as determined by the Employer permit, the Employer will grant leave with pay to a
reasonable number of employees who are meeting with management on behalf of the Union.
16.08 Group Executive Meetings, Union Executive Meetings and Union
Conventions
Where operational requirements as determined by the Employer permit, the Employer will grant leave without pay to a
reasonable number of employees to attend Group Executive meetings, Union Executive meetings and Union Conventions.
16.09 Representatives' Training Courses
Where operational requirements as determined by the Employer permit, the Employer will grant leave without pay to
employees who exercise the authority of a representative on behalf of the Union to undertake training related to the
duties of a representative.
16.10 Determination of Leave Status
Where the status of leave requested cannot be determined until the Public Service Staff Relations Board or an
adjudicator has given a decision, leave without pay will be granted pending final determination of the appropriate
leave status.
17.01 The Employer will, as a condition of employment, deduct the
equivalent of the amount of membership dues from the monthly pay of all employees in the bargaining unit.
17.02 The Union shall inform the Employer in writing of the authorized
monthly deduction to be checked off for each employee defined in clause 17.01.
17.03 For the purpose of applying clause 17.01, deductions from pay for
each employee in respect of each month will start with the first full month of employment or membership to the extent
that earnings are available. Where an employee does not have sufficient earnings in respect of any one month to permit
deductions, the Employer shall not be obliged to make such deductions from subsequent salary.
17.04 An employee who satisfies the Employer to the extent that the
employee 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 the employee
will make contributions to a charitable organization equal to dues shall not be subject to this Article.
17.05 No employee organization, as defined in Section 2 of the Public
Service Staff Relations Act, other than the Union, shall be permitted to have membership dues and/or other monies
deducted by the Employer from the pay of employees in the bargaining unit.
17.06 The amounts deducted in accordance with clause 17.01 shall be
remitted to the Union by cheque within a reasonable period of time after deductions are made and shall be accompanied
by particulars identifying each employee and the deductions made on each employee's behalf.
17.07 The Employer agrees to continue the past practice of making
deductions for other purposes on the basis of the production of appropriate documentation.
17.08 The Union agrees to indemnify and save the Employer harmless against
any claim or liability arising out of the application of this Article.
18.01 The normal work week shall be
thirty-seven and one-half (37 1/2) hours and the normal daily hours shall be seven and one-half (7 1/2) hours. The
Employer may vary these hours to suit varying conditions of operations, provided that the annual total hours equal that
which would be obtained with no variation.
At the request of the employee, the Employer may vary the daily hours of work to make provision for a compressed
work week.
18.02 The work week:
(a) of a Civil Aviation Inspector or an Engineering Test Pilot shall normally be Monday through Friday, and the work
day of such employee shall, where operational requirements as determined by the Employer permit, be scheduled between
0700 hours and 1800 hours;
and
(b)
(i) of a shore-based Helicopter Pilot shall be scheduled at least one month in advance and shall normally be
scheduled on the basis of five (5) working days and two (2) consecutive days of rest in each consecutive week;
(ii) the Employer will endeavor to give at least two (2) weeks notice to Helicopter Pilots assigned to shipboard
operations of sailing dates and times and anticipated crew change dates, and as much notice as possible of any
revisions to such dates and times.
**
18.03 Flight time and flight duty time limitations for employees will be
governed by the Department of Transport Operations Manual. Flight duty time will include Flight Time as defined in the
Canadian Aviation Regulations plus one and one-half (1 1/2) hours and will commence when the employee reports
to work.
18.04 For the purpose of this Article and Article 19, the conditions which
will apply to Civil Aviation Inspectors assigned in-flight inspection duties to perform Air Carrier Inspection
Functions will be governed by the provisions of a Letter of Intent agreed to between the Employer and the Union.
18.05 All employees will submit monthly attendance registers. Periods of
absence and hours of overtime will be specified.
**
18.06 Flight Duty Time performed by a Civil Aviation Inspector, while a
flight crew member, after completion of a normal working day, or wholly on a day of rest or a designated holiday, will
include flight time, as defined in Canadian Aviation Regulations, plus one (1) hour pre-flight duties and
one-half (1/2) hour post-flight duties.
In this Article:
"Overtime" means in the case of a full-time employee, authorized work performed in excess of the employee's
normal scheduled hours of work.
**
19.01 When an employee is required to work overtime on a scheduled work
day, the employee shall be compensated on the basis of:
(a) time and one-half (1 1/2) for each hour worked in excess of thirty-seven and one-half (37 1/2) hours in any one
work week;
and
(b) double-time (2) for all hours worked in excess of seven and one-half (7 1/2) hours of overtime worked at
time and one-half (1 1/2) within any contiguous period.
**
19.02 When an employee has been
required by the Employer to work overtime on his or her normal day of rest, the employee shall be compensated on the
basis of:
(a) time and one-half (1 1/2) for the first seven and one-half (7 1/2) hours
worked;
and
(b) double-time (2) for all hours worked thereafter within any contiguous period;
(c) except, when the employee is required by the Employer to work on two (2) or more
consecutive and contiguous days of rest, the employee shall be compensated on the basis of double (2) time for each
hour worked on the second and each subsequent day of rest.
Second or subsequent day of rest means the second or subsequent day in an unbroken series of
consecutive and contiguous calendar days of rest.
19.03 For the purpose of clauses 19.01 and 19.02, all calculations for
overtime shall be based on each completed one-half (1/2) hour.
**
19.04
(a) All overtime, premium pay or allowances earned under Article 19-Overtime, Article 20-Travelling
Time, Article 22-Designated Paid Holidays, Article 43-Callback, Article 45-Shipboard and Special Assignment Allowance,
and Article 44 -Standby, with the exception of the one-hour of compensation under Article 44(b), shall accumulate as
compensatory leave at the sub-group and level at which it is earned. Such accumulated compensatory leave shall be held
in reserve to be scheduled in leave and/or paid in cash at the direction of the Employer, or at the request of the
employee and the discretion of the Employer.
(b) Employees shall be paid for each hour of earned but unused compensatory leave remaining to their
credit on March 31st. Such payment is in lieu of compensatory leave remaining on that date and shall be paid
at the rate of the employee's hourly rate of pay on that date.
(c) Notwithstanding 19.04(a) and (b), a maximum of ten (10) days earned but unused compensatory leave
may be carried over, at the direction of the Employer, or at the request of an employee and the discretion of the
Employer, beyond March 31st.
**
19.05 An employee who works three (3) or more hours of overtime
immediately before or following his or her scheduled hours of work shall be reimbursed his or her expenses for one meal
in the amount of seven dollars and fifty cents ($7.50) except when the meal has been provided free to the employee.
Reasonable time with pay, to be determined by management, shall be allowed the employee in order that he or she may
take a meal break either at or adjacent to his or her place of work.
20.01 Where an employee is required to travel to or from his or her
headquarters area, as normally defined by the Employer, the employee's method of travel shall be determined by the
Employer and the employee shall be compensated in the following manner:
(a) On a normal working day on which the employee travels but does not work, the employee shall receive his or her
regular pay for the day.
(b) On a normal working day on which the employee travels and works, the employee shall earn:
(i) his or her 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) the applicable overtime rate for additional travel time in excess of 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 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 the applicable overtime rate.
**
20.02 Should a period of work and travel continue into the next day, the
employee will continue to receive payment at the applicable rate(s) of pay that would apply if a new day had not
commenced.
**
20.03 This Article does not apply to an employee who is required to
operate or travel in any type of transport in the performance of duties. In such circumstances the employee shall be
paid in accordance with the relevant provisions of Articles 18, 19, 22 and 45 of this Agreement.
21.01 Except as provided in this Article, the terms and conditions
governing the application of pay to employees are not affected by this Agreement.
21.02 An employee is entitled to be paid, for services rendered, at:
(a) the pay specified in Appendix "A" for the classification of the position to which the employee is appointed, if
the classification coincides with that prescribed in the employee's certificate of appointment,
or
(b) the pay specified in Appendix "A" for the classification prescribed in the employee's certificate of
appointment, if that classification and the classification of the position to which the employee is appointed do
not coincide.
21.03
(a) The rates of pay set forth in Appendix "A" shall become effective on the date specified
therein.
(b) Where the rates of pay set forth in Appendix "A" have an effective date prior to the date of
signing of the collective agreement the following shall apply:
(i) "retroactive period" for the purpose of clauses (ii) and (v) means the period commencing on the
effective date of the retroactive upward revision in rates of pay and ending on the day the collective agreement is
signed or when an arbitral award is rendered therefore;
(ii) a retroactive upward revision in rates of pay shall apply to employees, former employees or in
the case of death the estates of former employees, who were employees in the bargaining unit during the retroactive
period;
(iii) rates of pay shall be paid in an amount equal to what would have been paid had the collective
agreement been signed or an arbitral award rendered therefore on the effective date of the revision in rates of
pay;
(iv) in order for former employees, or in the case of death for the former employees'
representatives, to receive payment in accordance with clause (b)(iii), the Employer shall notify, by registered mail,
such individuals at their last known address that they have thirty (30) days from the date of receipt of the registered
letter to request in writing such payment after which time any obligation upon the Employer to provide payment
ceases;
(v) no payment nor notification shall be made pursuant to clause 21.03(b) for one dollar ($1.00) or
less.
**
21.04 When an employee is required by the Employer to substantially
perform the duties of a higher classification level on an acting basis for a period of at least four (4) consecutive
working days, the employee shall be paid acting pay calculated from the date on which the employee commenced to act as
if the employee had been appointed to that higher classification level for the period in which the employee acts.
**
21.05 If the Employer establishes and implements a new classification
standard which covers this group during the term of this Agreement, the Employer shall, prior to applying rates of pay
to the new levels resulting from the application of the standard, negotiate with the union the rates of pay and the
rules affecting the pay of employees on their movement to the new levels.
ARTICLE 22
DESIGNATED PAID HOLIDAYS
22.01 Subject to clause 22.02, 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 Monday in August,
and
(l) one additional day when proclaimed by an Act of Parliament as a National Holiday.
22.02 Clause 22.01 does not apply to an employee who is absent without pay
on both the working day immediately preceding and the working day following the designated paid Holiday, except in the
case of an employee who is granted leave without pay under the provisions of Article 16.
Holiday Falling on a Day of Rest
22.03 When a day designated as a paid Holiday under clause 22.01 coincides
with an employee's day of rest, the Holiday shall be moved to the employee's first scheduled working day following the
employee's day of rest.
22.04 When a day designated as a paid Holiday for an employee is moved to
another day under the provisions of clause 22.03,
(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.
**
Compensation for Work on a Holiday
22.05 Where a Civil Aviation Inspector or an Engineering Test Pilot or a
shore-based Helicopter Pilot works on a Holiday, he or she shall be paid, in addition to the pay that he or she would
have been granted had he or she not worked on a holiday, compensation for all hours worked by him or her on the Holiday
at one and one-half (1 1/2) times the rate of his or her hourly remuneration,
or
when a Civil Aviation Inspector or a Engineering Test Pilot or a shore-based Helicopter Pilot works on a Holiday,
which is not his or her scheduled day of work, but which is consecutive and contiguous to a day of rest on which he or
she also worked and received overtime he or she shall be paid in addition to the pay that he or she would have been
granted had he or she not worked on the holiday, two (2) times his or her hourly rate of pay for all time worked.
Holiday Coinciding with a Day of Paid Leave
22.06 Where a day that is a designated Holiday for an employee falls
within a period of leave with pay, the Holiday shall not count as a day of leave.
23.01 The vacation year shall be from April 1st to
March 31st of the following calendar year, inclusive.
Accumulation of Vacation Leave Credits
**
23.02 An employee shall earn vacation leave credits at the following rate
for each calendar month during which the employee receives pay for at least ten (10) days:
(a) one and one-quarter (1 1/4) days until the month in which the anniversary of the employee's
eighth (8th) year of continuous employment occurs;
(b) one and two-thirds (1 2/3) days commencing with the month in which the employee's
eighth (8th) anniversary of continuous employment occurs;
(c) two and one-twelfth (2 1/12) days commencing with the month in which the employee's
eighteenth (18th) anniversary of continuous employment occurs;
(d) two and one-half (2 1/2) days per month commencing with the month in which the employee's
twenty-ninth (29th) anniversary of continuous employment occurs;
Scheduling of Vacation Leave
23.03 In scheduling vacation leave with pay to an employee the Employer
shall, subject to the operational requirements of the service as determined by the Employer, make every reasonable
effort:
(a) not to recall an employee to duty after the employee has proceeded on vacation leave;
(b) to schedule the employee's vacation leave during the vacation year in which it is earned, if so requested by the
employee not later than June 1;
(c) to comply with any request made by an employee before January 31 that the employee be permitted to use in the
following fiscal year any period of vacation leave of four (4) days or more earned by the employee in the
current year;
(d) to schedule the employee vacation leave for at least two (2) consecutive weeks if so requested by the employee
not later than June 1;
(e) to schedule the employee's vacation leave on any other basis requested by the employee if the employee makes his
or her request not later than June 1;
(f) to schedule an employee vacation leave when specified by the employee if:
(i) the period of vacation leave requested is less than a week,
and
(ii) the employee gives the Employer at least two (2) days' advance notice for each day of vacation leave
requested.
23.04 The Employer may for good and sufficient reason grant vacation leave
on shorter notice than that provided for in clause 23.03.
23.05 An employee earns but is not entitled to receive vacation leave with
pay during the employee's first six (6) months of continuous employment.
**
23.06 Where, in respect of any period of vacation leave, an employee:
(a) is granted bereavement leave,
or
(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, which includes the name, address and phone number
of the attending physician, and provided that the employee satisfies the Employer of this condition if deemed necessary
by the Employer,
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.
**
23.07 Carry-Over of Vacation Leave
(a) Where in any vacation year all of the vacation leave credited to an employee has not been
scheduled, the employee may carry over into the following vacation year up to a maximum of twenty-five (25) days
credits. All vacation leave credits in excess of twenty-five (25) days will be paid in cash at the employee's daily
rate of pay as calculated from the classification prescribed in the employee's certificate of appointment of the
employee's substantive position on the last day of the vacation year.
(b) 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 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, of the previous vacation year.
Recall from Vacation Leave
23.08 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 the employee immediately resumes vacation upon
completing the assignment for which the employee was recalled,
after submitting such accounts as are normally required by the Employer.
23.09 The employee shall not be considered as being on vacation leave
during any period in respect of which the employee is entitled under clause 23.08 to be reimbursed for reasonable
expenses incurred by him or her.
Leave when Employment Terminates
23.10 Where an employee dies or otherwise terminates 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.
23.11 Subject to 23.12, where an employee dies or voluntarily terminates
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 days of earned but unused vacation leave by the daily rate of pay
applicable to the employee immediately prior to the termination of employment.
**
23.12 Notwithstanding clause 23.11, 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 entitled to receive the payment referred to in clause 23.11 if the employee requests it
within six (6) months following the date upon which employment is terminated.
**
23.13 Advance Payments
(a) The Employer agrees to issue advance payments of estimated net salary or vacation periods of
two (2) or more complete weeks, provided a written request for such advance payment is received from the employee at
least six (6) weeks prior to the last day before the employee's vacation period commences.
(b) When an employee takes one (1) or more complete weeks of compensatory leave in conjunction with
the vacation leave under clause (a), the Employer agrees to issue advance payments of estimated net salary for the
complete weeks in the combined period of compensatory and vacation leave, provided a written request for such advance
payment is received from the employee at least six (6) weeks prior to the last day before the employee's period of
leave commences. The provisions of clause (a) will apply to the complete weeks in the combined period of vacation and
compensatory leave.
(c) Providing the employee has been authorized to proceed on the leave under clause (a) or (b), pay
in advance of going on such leave shall be made prior to departure. Any overpayment in respect of such pay advances
shall be an immediate first charge against any subsequent pay entitlements and shall be recovered in full prior to any
further payment of salary.
Cancellation of Vacation Leave
23.14 When the Employer cancels or alters a period of vacation 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 to the Employer.
Credits
24.01 An employee shall earn sick leave credits at the rate of
one and one-quarter (1 1/4) days for each calendar month for which the employee receives pay for at least
ten (10) days.
24.02 An employee shall be granted sick leave with pay when the employee
is unable to perform his or her duties because of illness or injury provided that:
(a) he or she 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 or she has the necessary sick leave credits.
24.03 Unless otherwise informed by the Employer, a statement signed by the
employee describing the nature of illness or injury and 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
clause 24.02(a):
(a) if the period of leave 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 him or her.
24.04 An employee shall not be granted sick leave with pay during any
period in which the employee is on leave of absence without pay, or under suspension.
24.05 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.
24.06 Where an employee has insufficient or no credits to cover the
granting of sick leave with pay under the provisions of clause 24.02, sick leave with pay may, at the discretion of the
Employer, be granted:
(a) for a period of up to twenty-five (25) days if the employee is awaiting a decision on an application for
injury-on-duty leave,
or
(b) for a period of up to fifteen (15) days if the employee has not submitted an application for injury-on-duty
leave,
subject to the deduction of such advanced leave from any sick leave credits subsequently earned.
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