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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 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 subparagraph 38.02(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 paragraph (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 paragraph (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 subparagraph (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 paragraph (f) shall be the rate to which the employee is entitled for her substantive level to which she is appointed. (h) Notwithstanding paragraph (g), and subject to subparagraph (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. 38.03 Special Maternity Allowance for Totally Disabled Employees(a) An employee who: (i) fails to satisfy the eligibility requirement specified in subparagraph 38.02(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 paragraph 38.02(a), other than those specified in sections (A) and (B) of subparagraph 38.02(a)(iii), shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph (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 38.02 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 subparagraph (a)(i). 38.04 Transitional ProvisionsIf, on the date of signature of the Memorandum of Agreement modifying the provisions of this Article, 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. ARTICLE 39
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(allowance received) |
X |
(remaining period to be worked |
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[total period to be worked as |
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) other than as provided in subparagraph (iii) below, 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;
(iii) where the employee becomes entitled to an extension of parental benefits pursuant to Subsection 12(7) of the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under Subsection 12(7) of the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 39.02(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 paragraph (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 paragraph (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 subparagraph (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 paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (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.
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in subparagraph 39.02(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 paragraph 39.02(a), other than those specified in sections (A) and (B) of subparagraph 39.02(a)(iii),
shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in subparagraph (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 39.02 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 subparagraph (a)(i).
If, on the date of signature of the Memorandum of Agreement modifying the provisions of this Article, 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.
40.01 Both parties recognize the importance of access to leave for the purpose of care for the immediate family.
40.02 For the purpose of this article, family is defined as spouse (or common-law spouse resident with the employee), children (including foster children or children of legal or common-law spouse) parents (including stepparents or foster parents) or any relative permanently residing in the employee's household or with whom the employee permanently resides.
40.03 Subject to paragraph 40.02, an employee shall be granted leave without pay for the care of 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 paragraph 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.
40.04 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.
40.05 All leave granted under Leave Without Pay for the Long-Term Care of a Parent or under Leave Without Pay for the Care and Nurturing of Pre-School Age Children under the terms of previous Operational Services collective agreements or other agreements will not count towards the calculation of the maximum amount of time allowed for Care of Immediate Family during an employee's total period of employment in the Public Service.
These transitional provisions are 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 Long-Term Care of a Parent (Article 40) or on Leave Without Pay for the Care and Nurturing of Pre-School Age Children (Article 41) under the terms of the agreement expired on August 4, 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.
41.01 Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, one (1) day of leave with pay to work as a volunteer for a charitable or community organisation or activity, other than for activities related to the Government of Canada Workplace Charitable Campaign.
The leave will be scheduled at times convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such times as the employee may request.
**
42.01 For the purpose of this Article, family is defined as spouse (or common-law spouse resident with the
employee), children (including children of legal or common-law spouse), foster children, parents (including
step-parents or foster parents), or any relative permanently residing in the employee's household or with whom the
employee permanently resides.
42.02 The total leave with pay which may be granted under this Article shall not exceed five (5) days in a fiscal year.
42.03 Subject to clause 42.02, the Employer shall grant leave with pay under the following circumstances:
**
(a) up to one (1) day to take a family member for medical or dental appointments, or for appointments with school
authorities or adoption agencies, if the supervisor was notified of the appointment as far in advance as possible;
(b) 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 care arrangements where the illness is of a longer duration;
(c) to provide for the immediate and temporary care of an elderly member of the employee's family;
**
(d) two (2) days' leave with pay for needs directly related to the birth or to the adoption of the employee's child,
which may be divided into two (2) periods and granted on separate days.
43.01 Leave without pay will be granted for personal needs in the following manner:
(a) subject to operational requirements, leave without pay for a period of up to three (3) months will be granted to an employee for personal needs;
(b) subject to operational requirements, leave without pay for more than three (3) months but not exceeding one (1) year will be granted to an employee for personal needs;
(c) an employee is entitled to leave without pay for personal needs only once under each of paragraphs (a) and (b) during the employee's total period of employment in the Public Service. Leave without pay granted under this clause may not be used in combination with maternity or parental leave without the consent of the Employer.
44.01 After the completion of one (1) year's continuous employment in the Public Service, and providing an employee gives the Employer at least five (5) days' notice, the employee shall be granted five (5) days' marriage leave with pay for the purpose of getting married.
44.02 For an employee with less than two (2) years of continuous employment, in the event of termination of employment for reasons other than death or lay-off within six (6) months after the granting of marriage leave, an amount equal to the amount paid the employee during the period of leave will be recovered by the Employer from any monies owed the employee.
45.01 At the request of an employee, leave without pay for a period of up to one (1) year shall be granted to an employee whose spouse is permanently relocated and up to five (5) years to an employee whose spouse is temporarily relocated.
**
46.01 For the purpose of this Article, immediate family is defined as father, mother (or alternatively
stepfather, stepmother, or foster parent), brother, sister, spouse (including common-law spouse resident with the
employee), child (including child of common-law spouse), stepchild or ward of the employee, grandchild, grandparent,
father-in-law, mother-in-law, and relative permanently residing in the employee's household or with whom the
employee permanently resides.
**
46.02 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 the 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.
**
46.03 An employee is entitled to one (1) day's bereavement leave with pay for the purpose related to the death
of his or her son-in-law, daughter-in-law, brother-in-law or sister-in-law.
46.04 If, during a period of sick leave, vacation leave or compensatory leave, an employee is bereaved in circumstances under which he or she would have been eligible for bereavement leave with pay under clauses 46.02 and 46.03, the employee shall be granted bereavement leave with pay and his or her paid leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.
**
46.05 It is recognized by the parties that the circumstances which call for leave in respect of bereavement are
based on individual circumstances. On request, the deputy head of a department may, after considering the particular
circumstances involved, grant leave with pay for a period greater than and/or in a manner different than that provided
for in clauses 46.02 and 46.03.
47.01 The Employer shall grant leave with pay to an employee for the period of time he or she is required:
(a) to be available for jury selection;
(b) to serve on a jury;
(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 the employee's 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.
48.01 Where an employee participates in a personnel selection process, including the appeal process where applicable, 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.
49.01 The Employer recognizes the usefulness of education leave. Upon written application by the employee and with the approval of the Employer, an employee may be granted education leave without pay for varying periods of up to one (1) year, which can be renewed by mutual agreement, to attend a recognized institution for studies in some field of education in which preparation is needed to fill the employee's present role more adequately or to undertake studies in some field in order to provide a service which the Employer requires or is planning to provide.
49.02 At the Employer's discretion, an employee on education leave without pay under this Article may receive an allowance in lieu of salary of up to one hundred per cent (100%) of the employee's annual rate of pay, depending on the degree to which the education leave is deemed, by the Employer, to be relevant to organizational requirements. Where the employee receives a grant, bursary or scholarship, the education leave allowance may be reduced. In such cases, the amount of the reduction shall not exceed the amount of the grant, bursary or scholarship.
49.03 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.
(a) 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.
(b) If the employee:
(i) fails to complete the course;
(ii) does not resume employment with the Employer on completion of the course;
or
(iii) 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.
50.01 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:
(a) a course given by the Employer;
(b) a course offered by a recognized academic institution;
(c) a seminar, convention or study session in a specialized field directly related to the employee's work.
50.02 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 clause 50.01. The employee shall receive no compensation under Article 29, Overtime, and Article 33, Travelling Time, during time spent on career development leave provided for in this Article.
50.03 Employees on career development leave shall be reimbursed for all reasonable travel and other expenses incurred by them which the Employer may deem appropriate.
51.01 At the Employer's discretion, examination leave with pay may be granted to an employee for the purpose of writing an examination which takes place during the employee's scheduled hours of work.
52.01 At its discretion, the Employer may grant:
(a) leave with pay when circumstances not directly attributable to the employee prevent his or her reporting for duty; such leave shall not be unreasonably withheld;
(b) leave with or without pay for purposes other than those specified in this Agreement.**
Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, one (1) day of leave with pay for reasons of a personal nature.
The leave will be scheduled at times convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leaves at such times as the employee may request.
53.01 Unless otherwise specified by the Employer as being in an area that could represent a conflict of interest, employees shall not be restricted in engaging in other employment outside the hours they are required to work for the Employer.
54.01 Upon written request, an employee shall be provided with a complete and current statement of the duties and responsibilities of his or her position, including the classification level and, where applicable, the point rating allotted by factor to his or her position, and an organization chart depicting the position's place in the organization.
55.01 Nothing in this Agreement shall be construed to impair in any manner whatsoever the authority of the Master.
55.02 The Master may, whenever he or she deems it advisable, require any employee to participate in lifeboat or other emergency drills without the payment of overtime.
55.03 Any work necessary for the safety of the vessel, passengers, crew or cargo shall be performed by all employees at any time on immediate call and, notwithstanding any provisions of this Agreement which might be construed to the contrary, in no event shall overtime be paid for work performed in connection with such emergency duties of which the Master shall be the sole judge.
55.04 When an employee suffers loss of clothing or personal effects (those which can reasonably be expected to accompany the employee aboard the ship) because of marine disaster or shipwreck, the employee shall be reimbursed the value of those articles up to a maximum of three thousand dollars ($3,000) based on replacement cost.
(a) An employee shall submit to the Employer a full inventory of his or her personal effects and shall be responsible for maintaining it in a current state.
(b) An employee or the employee's estate making a claim under this Article shall submit to the Employer reasonable proof of such loss, and shall submit an affidavit listing the individual items and values claimed.
(a) When a formal assessment of an employee's performance is made, the employee concerned must be given an opportunity to sign the assessment form in question upon its completion to indicate that its contents have been read. A copy of the assessment form will be provided to the employee at that time. An employee's signature on his or her assessment form will be considered to be an indication only that its contents have been read and shall not indicate the employee's concurrence with the statements contained on the form.
(b) The Employer's representative(s) who assess an employee's performance must have observed or been aware of the employee's performance for at least one-half (1/2) of the period for which the employee's performance is evaluated.
(c) An employee has the right to make written comments to be attached to the performance review form.
(a) Prior to an employee performance review the employee shall be given:
(i) the evaluation form which will be used for the review;
(ii) any written document which provides instructions to the person conducting the review;
(b) if during the employee performance review, either the form or instructions are changed they shall be given to the employee.
56.03 Upon written request of an employee, the personnel file of that employee shall be made available once per year for his or her examination in the presence of an authorized representative of the Employer.
57.01 A Penological Factor Allowance shall be payable to incumbents in some positions in the bargaining unit which are in Correctional Service Canada, subject to the following conditions.
57.02 The Penological Factor Allowance is used to provide additional compensation to an incumbent of a position who, by reason of duties being performed in a penitentiary, as defined in the Corrections and Conditional Release Act as amended from time to time, assumes additional responsibilities for the custody of inmates other than those exercised by the Correctional Group, and is exposed to immediate hazards of physical injury by assault and other disagreeable conditions.
57.03 The factor recognizes the differences between maximum, medium and minimum security penal institutions, as designated by the Employer, and distinguishes between continual, frequent and limited degrees of exposure, as follows:
|
Continual |
- |
means fulfillment of the conditions described in clause 57.02 above throughout the working day and recurring daily. |
|
Frequent |
- |
means fulfillment of the conditions described in clause 57.02 above for part or parts of the working day and generally recurring daily. |
|
Limited |
- |
means fulfillment of the conditions described in clause 57.02 above on an occasional basis. |
**
57.04 The payment of the allowance for the Penological Factor is determined by the following formula:
|
Penological Factor (X) |
|||||||||
|
Degree of |
Maximum |
Medium |
Minimum |
||||||
|
Continual |
100% |
X |
($1,900) |
50% |
X |
($950) |
30% |
X |
($570) |
|
Frequent |
50% |
X |
($950) |
30% |
X |
($570) |
20% |
X |
($380) |
|
Limited |
30% |
X |
($570) |
20% |
X |
($380) |
10% |
X |
($190) |
Effective August 1, 2002:
|
Penological Factor (X) |
|||||||||
|
Degree of |
Maximum |
Medium |
Minimum |
||||||
|
Continual |
100% |
X |
($2,000) |
50% |
X |
($1,000) |
30% |
X |
($600) |
|
Frequent |
50% |
X |
($1,000) |
30% |
X |
($600) |
20% |
X |
($400) |
|
Limited |
30% |
X |
($600) |
20% |
X |
($400) |
10% |
X |
($200) |
**
57.05 The value of "X" is set at one thousand nine hundred dollars ($1,900) per annum. This allowance shall be
paid on the same basis as that for the employee's regular pay.
Effective August 1, 2002:
The value of "X" is set at two thousand dollars ($2,000) per annum. This allowance shall be paid on the same basis as that for the employee's regular pay.
57.06 Penological Factor Allowance shall only be payable to the incumbent of a position on the establishment of, or loaned to, Correctional Staff Colleges, Regional Headquarters, and National Headquarters, when the conditions described in clause 57.02 above are applicable.
57.07 The applicability of PFA to a position and the position's degree of PFA entitlement, shall be determined by the Employer following consultation with the bargaining agent.
57.08 Except as prescribed in clause 57.11 below, an employee shall be entitled to receive PFA for any month in which he or she receives a minimum of ten (10) days' pay in a position(s) to which PFA applies.
57.09 Except as provided in clause 57.10 below, PFA shall be adjusted when the incumbent of a position to which PFA applies, is appointed or assigned duties in another position to which a different degree of PFA applies, regardless of whether such appointment or assignment is temporary or permanent, and for each month in which an employee performs duties in more than one position to which PFA applies, the employee shall receive the higher allowance, provided he or she has performed duties for at least ten (10) days as the incumbent of the position to which the higher allowance applies.
57.10 When the incumbent of a position to which PFA applies, is temporarily assigned a position to which a different degree of PFA, or no PFA, applies, and when the employee's basic monthly pay entitlement in the position to which he or she is temporarily assigned, plus PFA, if applicable, would be less than his or her basic monthly pay entitlement plus PFA in his or her regular position, the employee shall receive the PFA applicable to his or her regular position.
57.11 An employee will be entitled to receive PFA, in accordance with the PFA applicable to his or her regular position:
(a) during any period of paid leave up to a maximum of sixty (60) consecutive calendar days,
or
(b) during the full period of paid leave where an employee is granted injury-on-duty leave with pay because of an injury resulting from an act of violence from one or more inmates.
57.12 PFA shall not form part of an employee's salary except for the purposes of the following benefit plans:
Public Service Superannuation Act
Public Service Disability Insurance Plan
Canada Pension Plan
Quebec Pension Plan
Employment Insurance
Government Employees Compensation Act
Flying Accident Compensation Regulations
57.13 If, in any month, an employee is disabled or dies prior to establishing an entitlement to PFA, the PFA benefits accruing to the employee or the employee's estate shall be determined in accordance with the PFA entitlement for the month preceding such disablement or death.
This Article applies only to the FR, GL, GS, HP, HS, and PR(S) Groups.
58.01 Where the Employer determines that due to the nature of work there is a clear cut need, wash-up time up to a maximum of ten (10) minutes will be permitted before the end of the working day.
Part-time employee means an employee whose weekly scheduled hours of work on average are less than those established in the relevant Group Specific Appendix, but not less than those prescribed in the Public Service Staff Relations Act.
59.02 Unless otherwise specified in this Article, part-time employees shall be entitled to the benefits provided under this Agreement in the same proportion as their normal weekly hours of work compared with those specified in the relevant Group Specific Appendix.
59.03 Part-time employees are entitled to overtime compensation in accordance with subparagraph (q)(ii) of the overtime definition in clause 2.01.
59.04 The days of rest provisions of this Agreement apply only in a week when a part-time employee has worked five (5) days or the weekly hours specified in the relevant Group Specific Appendix.
Subject to clause 59.04, when a part-time employee meets the requirements to receive reporting pay on a day of rest, or is entitled to receive a minimum payment rather than pay for actual time worked during a period of standby, the part-time employee shall be paid a minimum payment of four (4) hours pay at the straight-time rate of pay.
When a part-time employee meets the requirements to receive call-back pay in accordance with clause 30.01(c)(i) and is entitled to receive the minimum payment rather than pay for actual time worked, the part-time employee shall be paid a minimum payment of four (4) hours pay at the straight-time rate.
59.07 A part-time employee shall not be paid for the designated holidays but shall, instead be paid four and one-quarter per cent (4 1/4%) for all straight-time hours worked.
59.08 When a part-time employee is required to work on a day which is prescribed as a designated paid holiday for a full-time employee in clause 32.01, the employee shall be paid at time and one-half (1 1/2) of the straight-time rate of pay for all hours worked up to the daily hours specified in the relevant Group Specific Appendix, and double time (2T) thereafter.
59.09 A part-time employee who reports for work as directed on a day which is prescribed as a designated paid holiday for a full-time employee in clause 32.01, shall be paid for the time actually worked in accordance with clause 59.08, or a minimum of four (4) hours pay at the straight-time rate, whichever is greater.
A part-time employee shall earn vacation leave credits for each month in which the employee receives pay for at least twice (2) the number of hours in the employee's normal workweek, at the rate for years of service established in clause 35.02 of this Agreement, prorated and calculated as follows:
(a) when the entitlement is one decimal twenty-five (1.25) days a month, .250 multiplied by the number of the hours in the employee's workweek per month;
(b) when the entitlement is one decimal sixty-seven (1.67) days a month, .333 multiplied by the number of the hours in the employee's workweek per month;
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(c) when the entitlement is one decimal eighty-four (1.84) days a month, .367 multiplied by the number of the hours in
the employee's workweek per month;
(d) when the entitlement is one decimal ninety-two (1.92) days a month, .383 multiplied by the number of the hours in the employee's workweek per month;
(e) when the entitlement is two decimal zero nine (2.09) days a month, .417 multiplied by the number of the hours in the employee's workweek per month;
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(f) when the entitlement is two decimal twenty-five (2.25) days a month, .450 multiplied by the number of hours in the
employee's workweek per month;
(g) when the entitlement is two decimal fifty (2.50) days a month, .500 multiplied by the number of the hours in the employee's workweek per month;
(h) however, a part-time employee who has received or is entitled to receive furlough leave shall have his or her vacation leave credits earned reduced by .083 multiplied by the number of hours in the part-time workweek, beginning in the month in which the twentieth (20th) anniversary of service occurs until the beginning of the month in which his or her twenty-fifth (25th) anniversary of service occurs.
A part-time employee shall earn sick leave credits at the rate of one-quarter (1/4) of the number of hours in an employee's normal workweek for each calendar month in which the employee has received pay for at least twice (2) the number of hours in the employee's normal workweek.
(a) For the purposes of administration of clauses 59.10 and 59.11, where an employee does not work the same number of hours each week, the normal workweek shall be the weekly average of the hours worked at the straight-time rate calculated on a monthly basis.
(b) An employee whose employment in any month is a combination of both full-time and part-time employment shall not earn vacation or sick leave credits in excess of the entitlement of a full-time employee.
Notwithstanding clause 59.02, there shall be no prorating of a "day" in Article 46, Bereavement Leave With Pay.
Notwithstanding the provisions of Article 60, Severance Pay, of this Agreement, where the period of continuous employment in respect of which severance benefit is to be paid consists of both full- and part-time employment or varying levels of part-time employment, the benefit shall be calculated as follows: the period of continuous employment eligible for severance pay shall be established and the part-time portions shall be consolidated to equivalent full-time. The equivalent full-time period in years shall be multiplied by the full-time weekly pay rate for the appropriate group and level to produce the severance pay benefit.
60.01 Under the following circumstances and subject to clause 60.02, an employee shall receive severance benefits calculated on the basis of the weekly rate of pay to which he or she is entitled for the classification prescribed in his or her certificate of appointment on the date of his or her termination of employment.
(a) Lay-off
(i) On the first (1st) lay-off 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 and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365).
(ii) On second or subsequent lay-off one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), less any period in respect of which the employee was granted severance pay under sub-paragraph (a)(i).
(b) Resignation
On resignation, subject to paragraph 60.01(d) and with ten (10) or more years of continuous employment, one-half (1/2) week's pay for each complete year of continuous employment up to a maximum of twenty-six (26) years with a maximum benefit of thirteen (13) weeks' pay.
(c) Rejection on Probation
On rejection on probation, when an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of rejection during a probationary period, one (1) week's pay.
(d) Retirement
(i) On retirement, when an employee is entitled to an immediate annuity under the Public Service Superannuation Act or when the employee is entitled to an immediate annual allowance, under the Public Service Superannuation Act,
or
(ii) a part-time employee, who regularly works more than thirteen and one-half (13 1/2) but less than thirty (30) hours a week, and who, if he or she were a contributor under the Public Service Superannuation Act, would be entitled to an immediate annuity thereunder, or who would have been entitled to an immediate annual allowance if he or she were a contributor under the Public Service Superannuation Act,
a severance payment in respect of the employee's complete period of continuous employment, comprised of one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay.
(e) Death
If an employee dies, there shall be paid to the employee's estate a severance payment, comprising one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of payment in respect of the employee's complete period of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay, regardless of any other benefit payable.
(f) Termination for Cause for Reasons of Incapacity or Incompetence
(i) When an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of termination for cause for reasons of incapacity pursuant to Section 11(2)(g) of the Financial Administration Act, one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.
(ii) When an employee has completed more than ten (10) years of continuous employment and ceases to be employed by reason of termination for cause for reasons of incompetence pursuant to Section 11(2)(g) of the Financial Administration Act, one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.
60.02 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 60.01 be pyramided.
Notwithstanding paragraph 60.01(b), an employee who resigns to accept an appointment with an organization listed in Part II of Schedule I of the Public Service Staff Relations Act may choose not to be paid severance pay provided that the appointing organization will accept the employee's Part I service for its severance pay entitlement.
61.01 Except as provided in this Article, the terms and conditions governing the application of pay to employees are not affected by this Agreement.
61.02 An employee is entitled to be paid for services rendered at:
(a) The pay specified in the relevant Group Specific Appendix, 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 the relevant Group Specific Appendix, 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.
(a) The rates of pay set forth in the relevant Group Specific Appendix shall become effective on the dates specified.
(b) Where the rates of pay set forth in the relevant Group Specific Appendix have an effective date prior to the date of signing of this Agreement, the following shall apply:
(i) "retroactive period" for the purpose of subparagraphs (ii) to (v) means the period commencing on the effective date of the retroactive upward revision in rates of pay and ending on the day this 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 groups identified in Article 9 of this Agreement during the retroactive period;
(iii) rates of pay shall be paid in an amount equal to what would have been paid had this 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 subparagraphs (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 or no notification shall be made pursuant to paragraph 61.03(b) for one dollar ($1) or less.
61.04 Where a pay increment and a pay revision are effected on the same date, the pay increment shall be applied first and the resulting rate shall be revised in accordance with the pay revision.
61.05 This Article is subject to the Memorandum of Understanding signed by the Employer and the Alliance dated February 9, 1982 in respect of red-circled employees.
61.06 If, during the term of this Agreement, a new classification standard for a group is established and implemented by the Employer, the Employer shall, before applying rates of pay to new levels resulting from the application of the standard, negotiate with the Alliance the rates of pay and the rules affecting the pay of employees on their movement to the new levels.
61.07 When an employee is required by the Employer to substantially perform the duties of a higher classification level in an acting capacity and performs those duties for at least one full working day or one full shift, the employee shall be paid acting pay calculated from the date on which he or she commenced to act as if he or she had been appointed to that higher classification level for the period in which he or she acts.
61.08 When the regular pay day for an employee falls on his or her day of rest, every effort shall be made to issue his or her cheque on his or her last working day, provided it is available at his or her regular place of work.
61.09 The Employer will endeavour to make cash payments for overtime and other premium payments within four (4) weeks following the end of the calendar month in which it is earned.
61.10 Payments provided under Overtime, Reporting Pay, the Designated Paid Holiday and Standby and Call-Back provisions of the Agreement shall not be pyramided, that is an employee shall not receive more than one compensation for the same service.
62.01 This Agreement may be amended by mutual consent.
63.01 An employee who is pregnant or nursing may, during the period from the beginning of pregnancy to the end of the twenty-fourth (24th) week following the birth, request the Employer to modify her job functions or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of her current functions may pose a risk to her health or that of the foetus or child.
63.02 An employee's request under clause 63.01 must be accompanied or followed as soon as possible by a medical certificate indicating the expected duration of the potential risk and the activities or conditions to avoid in order to eliminate the risk. Dependent upon the particular circumstances of the request, the Employer may obtain an independent medical opinion.
63.03 An employee who has made a request under clause 63.01 is entitled to continue in her current job while the Employer examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to be immediately assigned alternative duties until such time as the Employer:
(a) modifies her job functions or reassigns her,
or
(b) informs her in writing that it is not reasonably practicable to modify her job functions or reassign her.
63.04 Where reasonably practicable, the Employer shall modify the employee's job functions or reassign her.
63.05 Where the Employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the Employer shall so inform the employee in writing and shall grant leave of absence without pay to the employee for the duration of the risk as indicated in the medical certificate. However, such leave shall end no later than twenty-four (24) weeks after the birth.
63.06 An employee whose job functions have been modified, who has been reassigned or who is on leave of absence shall give at least two (2) weeks notice in writing to the Employer of any change in duration of the risk or the inability as indicated in the medical certificate, unless there is a valid reason why that notice cannot be given. Such notice must be accompanied by a new medical certificate.
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63.07 Notwithstanding 63.05, for an employee working in a Correctional Service of Canada institution where she
is in direct and regular contact with offenders, if the Employer concludes that a modification of job functions or a
reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably
practicable, the Employer shall so inform the employee in writing and shall grant leave of absence with pay to the
employee for the duration of the risk as indicated in the medical certificate. However, such leave shall end no later
than at the time the employee proceeds on Maternity Leave Without Pay or the termination date of the pregnancy,
whichever comes first.
64.01 Up to half (1/2) a day of reasonable time off with pay will be granted to pregnant employees for the purpose of attending routine medical appointments.
64.02 Where a series of continuing appointments are necessary for the treatment of a particular condition relating to the pregnancy, absences shall be charged to sick leave.
65.01 The Employer shall make every reasonable effort to accommodate an employee who requests time off to fulfill his or her religious obligations.
65.02 Employees may, in accordance with the provisions of this Agreement, request annual leave, compensatory leave, leave without pay for other reasons or a shift exchange (in the case of a shift worker) in order to fulfill their religious obligations.
65.03 Notwithstanding clause 65.02, at the request of the employee and at the discretion of the Employer, time off with pay may be granted to the employee in order to fulfill his or her religious obligations. The number of hours with pay so granted must be made up hour for hour within a period of six (6) months, at times agreed to by the Employer. Hours worked as a result of time off granted under this clause shall not be compensated nor should they result in any additional payments by the Employer.
65.04 An employee who intends to request leave or time off under this Article must give notice to the Employer as far in advance as possible but no later than four (4) weeks before the requested period of absence.
66.01 The Employer shall reimburse an employee for the payment of registration, licensing or certification fees to an organization, governing body or government agency when the payment of such fees is a requirement for the continuation of the performance of the duties of the employee's position.
66.02 Membership dues referred to in Article 11, Check-Off, of this Agreement are specifically excluded as reimbursable fees under this Article.
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67.01 The provisions of this Agreement will expire on August 4, 2003.
67.02 Unless otherwise expressly stipulated, the provisions of this Agreement shall become effective on the date it is agreed.
SIGNED AT OTTAWA, this 19th day of the month of November 2001.
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THE TREASURY BOARD |
THE PUBLIC SERVICE |
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THE TREASURY BOARD |
THE PUBLIC SERVICE |
1. The parties agree that employees occupying positions in the Operational Services bargaining unit on date of signing of this agreement, shall be eligible to receive a lump sum payment in the following amounts and subject to the following conditions:
(a) One thousand dollars ($1,000) for all employees in the FR, HP, LI, SC and PR(S) groups.
or
(b) One thousand dollars ($1,000) for all employees of the GL, GS and HS groups whose rate of pay is not increased as a result of the reduction in zones.
(c) One thousand dollars ($1,000) less the immediate annualized pay rate increase resulting from the reduction of zones, for all employees of the GL, GS and HS groups whose rate of pay is increased as a result of the reduction of zones.
2. Employees whose immediate annualized pay rate increase as a result of the reduction of zones is more than one thousand dollars ($1,000), are not entitled to any lump sum payment provided in paragraph 1 above.
3. Part-time employees shall be entitled to the Allowance on the same basis as it is applicable to a full-time employee as provided in paragraph 1.
SIGNED AT OTTAWA, this 19th day of the month of November 2001.
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THE TREASURY BOARD |
THE PUBLIC SERVICE |
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