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Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
20.01 Under the following circumstances and subject to clause 20.02, an
employee shall receive severance benefits calculated on the basis of his or her weekly rate of pay:
(a) Lay-Off
(i) On the first lay-off after March 21, 1979, two (2) weeks' pay for the first complete year of continuous
employment and one (1) week's pay for each additional complete year of continuous employment with a maximum benefit of
thirty (30) weeks' pay.
(ii) On second or subsequent lay-off after March 21, 1979, one (1) week's pay for each complete year of continuous
employment with a maximum benefit of twenty-nine (29) weeks' pay, less any period in respect of which he or she was
granted severance pay under sub-subclause 20.01(a)(i) above.
(b) Retirement
On retirement, when an employee is entitled to an immediate annuity or entitled to an immediate annual allowance
under the Public Service Superannuation Act, one (1) week's pay for each complete year of continuous employment
with a maximum benefit of thirty (30) weeks' pay.
(c) Death
If an employee dies, there shall be paid to his or her estate, one (1) week's pay for each complete year of
continuous employment to a maximum of thirty (30) weeks' pay, regardless of any other benefit payable.
**
(d) Termination for Cause for Reasons of Incapacity
An employee released from employment under Section 11(2)(g) of the Financial Administration Act by reason of
release for incapacity shall on termination of his or her employment be entitled to severance pay on the basis of
one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks'
pay.
**
(e) Resignation
On resignation, an employee who has completed ten (10) or more years of continuous employment and who is not
qualified under sub-clause (b) above, one-half (1/2) week's pay for each complete year of continuous employment with a
maximum benefit of thirteen (13) weeks' pay.
**
20.02 The period of continuous employment used in the calculation of
severance benefits payable to an employee under this Article shall be reduced by any period of continuous employment in
respect of which the employee was already granted any type of termination benefit by the Public Service, a Federal
Crown Corporation, the Canadian Forces, or the Royal Canadian Mounted Police. Under no circumstances shall the maximum
severance pay provided under clause 20.01 be pyramided.
20.03 The weekly rate of pay referred to in the above clauses
shall be the weekly rate of pay to which the employee is entitled for the classification prescribed in his or her
certificate of appointment on the date of the termination of his or her employment.
21.01 At least ninety (90) days before the introduction of any major
technological change which will result in a reduction of staff, the Employer shall notify the Association of the
proposed change.
22.01 The Employer will continue to make provision for the safe and
healthful working conditions of employees and the Association agrees to cooperate fully in the prevention of accidents
to employees and in the enforcement of safety rules.
23.01 Where an employee is required by the Employer to travel to or from
the employee's headquarters area as normally defined by the Employer, the employee's method of travel shall be
determined by the Employer. However, if an employee wishes to use a different method, the employee's wish will not be
arbitrarily refused provided that the method chosen is consistent with the purpose of the travel and does not entail
additional costs.
23.02 When required to travel, the employee will be compensated in the
following manner:
(a) On a normal working day on which he or she travels but does not work, the employee shall receive his or her
normal pay for the day.
(b) On a normal working day on which the employee travels and works, the employee shall be paid:
(i) his or her normal pay for the day for a combined period of travel and work but not exceeding his or her normal
hours of work,
and
(ii) at the applicable overtime rate for additional travel time in excess of the employee's normal hours of work,
with a maximum payment for such additional travel time not to exceed eight (8) hours' pay at the applicable overtime
rate in any day.
**
(c) On a day of rest or on a designated paid holiday, the employee shall be paid at the applicable overtime rate for
hours travelled to a maximum of eight (8) hours' pay at one and a half (1 1/2) times the employee's straight-time
hourly rate.
23.03 When an employee is required by the Employer to travel to or from
the employee's headquarters area as normally defined by the Employer, the employee may in accordance with clause 23.01
above:
(a) Elect to travel via scheduled air carrier at the most economical air fare or its equivalent;
or
**
(b) Elect to use privately-owned transportation and be reimbursed at the rate shown in clause 2.13 (use at
traveller's request) of the Treasury Board Travel Directive;
or
**
(c) Be requested by the Employer, or elect to use privately-owned transportation and be reimbursed at the rate shown
in clause 2.12 (use at Employer's request) of the Treasury Board Travel Directive.
(d) When the employee elects under sub-clauses (b) or (c) above to use privately-owned transportation, the employee
shall be paid at the applicable rate for the time normally required to travel portal to portal by air carrier.
**
(e) Employees travelling to or from Ottawa for temporary assignments in excess of five (5) days, whose headquarters
area is in Newfoundland or the Pacific or Western Region, who elect to use privately-owned transportation under
sub-clauses (b) or (c) above shall be allowed an additional day in which to travel and shall receive normal pay for
that day. An employee travelling to or from Ottawa for temporary assignments in excess of five (5) days, whose
headquarters is in the Pacific Region will be allowed a day with pay in addition to the day noted immediately
above.
(f) An employee who elects to use privately-owned transportation under sub-clause (c) above shall be reimbursed at
the rate shown in clause 2.12 of the Treasury Board Travel Directive, or an amount equal to the most economical air
fare including the normal airport limousine fares, whichever is the least, in lieu of travel expenses.
23.04 When an employee requires hotel accommodation, the employee will
select a hotel that has been approved and is listed in the Public Works and Government Services Hotel Directory. He or
she will choose accommodation which his or her supervisor agrees is convenient for the purposes of the travel and which
does not require unnecessary related transportation costs. Where the work site is an airport, transportation costs
between the airport and the hotel which do not exceed the official airport limousine fares shall not be deemed to be
unnecessary related transportation costs.
23.05 Except as may be modified in this agreement, employees will be
reimbursed for all travel expenses in accordance with the current Treasury Board Travel Directive.
24.01 With the exception of vacation leave requests and holidays, the employee
must provide satisfactory validation of the circumstances necessitating requests for leave with or without pay, if
required by the Employer, in such manner and at such time as may be determined by the Employer and confirmed in
writing.
**
25.01 An employee who has earned at least ten (10) days' pay for each
calendar month of a fiscal year shall earn vacation leave at the following rates:
(a) one hundred and twelve point five (112.5) hours per fiscal year if the employee has completed less than
eight (8) years of continuous employment;
(b) one hundred and fifty (150) hours per fiscal year if the employee has completed eight (8) years of continuous
employment;
(c) one hundred and eighty-seven point five (187.5) hours per fiscal year if the employee has completed
eighteen (18) years of continuous employment;
(d) two hundred and twenty-five (225) hours per fiscal year if the employee has completed twenty-nine (29) years of
continuous employment.
25.02 An employee who has not received at least ten (10) days' pay for
each calendar month of a fiscal year will earn vacation leave at one-twelfth (1/12) of the rate referred to in
clause 25.01 for each calendar month for which he or she receives at least ten (10) days' pay.
25.03 An employee earns but is not entitled to receive vacation leave with
pay during his or her first six (6) months of continuous employment.
25.04
(a) The vacation year extends from April 1 to March 31 and vacation may be scheduled by the Employer
at any time during this period.
(b) Local representatives of the Association shall be given the opportunity to consult with
representatives of the Employer on vacation schedules. Consistent with efficient operating requirements the Employer
shall make every reasonable effort to schedule vacations in a manner acceptable to employees.
**
(c) Subject to operational requirements, the Employer shall make every reasonable effort to schedule an
employee's vacation leave during the fiscal year it is earned. Where in any fiscal year, the Employer has
not scheduled all of the vacation leave credited to an employee, the unused portion of the employee's vacation leave
shall be carried over into the following fiscal year, subject to the conditions in sub-subclauses (d)(i)-(iv).
**
(d) It is agreed by the parties, in accordance with the intent of Article 25 that it is both appropriate and
desirable that each employee utilize his or her full vacation entitlement during the vacation year in which such
vacation entitlement is earned. However, an employee may elect to carry forward into the next vacation year unused
vacation up to a maximum of ten (10) working days subject to the following conditions:
(i) that any vacation period carried forward from the previous vacation year and utilized by any employee does not
disrupt vacation schedules in the current vacation year nor prevent another employee from taking his or her regularly
scheduled vacation for that year;
(ii) that the days which are carried over from the previous vacation year are taken at a time which is acceptable to
both the Employer and the employee;
(iii) that an employee's vacation earned in the vacation year will be utilized before days carried forward from the
previous vacation year;
(iv) that in cases where vacation credits from the previous vacation year have not been fully utilized by the end of
the next vacation year any outstanding carry-over vacation credits will be paid off at the employee's straight-time
rate of pay in effect at that time.
**
25.05 Where, in respect of any period of vacation leave, an employee is
granted bereavement leave, or is granted sick leave on production of a medical certificate, the period of
vacation leave so displaced shall either be added to the vacation period, if requested by the employee and approved by
the Employer, or reinstated for use at a later date.
25.06 Where an employee dies or otherwise terminates his or her employment
after a period of continuous employment of not more than six (6) months, the employee or the employee's estate shall be
paid an amount equal to the earned but unused vacation leave.
25.07 Subject to clause 25.08, where an employee dies or voluntarily
terminates his or her employment or is terminated from employment after a period of continuous employment of more than
six (6) months, the employee or the employee's estate shall, in lieu of earned but unused vacation leave, be paid an
amount equal to the product obtained by multiplying the number of hours of earned but unused vacation leave and
(furlough leave) by the straight-time rate of pay applicable to the employee immediately prior to the termination of
the employee's employment.
**
25.08 An employee whose employment is terminated for cause pursuant to
Section 11(2)(g) of the Financial Administration Act by reason of abandonment of his or her position is not
entitled to receive the payment referred to in clause 25.07, unless the employee requests it within six (6) months
following the date upon which the employee's employment is terminated.
25.09 Recall from Vacation Leave
Where, during any period of vacation leave, an employee is recalled to duty, the employee shall be reimbursed for
reasonable expenses, as normally defined by the Employer, that he or she incurs:
(a) in proceeding to the employee's place of duty,
and
(b) in returning to the place from which the employee was recalled if he or she immediately resumes vacation upon
completing the assignment for which he or she was recalled,
after submitting such accounts as are normally required by the Employer.
25.10 The employee shall not be considered as being on vacation leave
during any period in respect of which the employee is entitled under clause 25.09 to be reimbursed for reasonable
expenses incurred by him or her.
25.11
(a) The Employer agrees to issue advance payments of net salary for vacation periods, provided
six (6) weeks' notice is received from the employee in advance of the day payment is required.
(b) Provided an employee has been authorized to proceed on vacation for the period concerned, advance payment of net
salary shall be made prior to departure and shall consist of an estimated two (2), three (3), four (4) or
five (5) weeks' net entitlement subsequent to the last regular pay issue.
Any overpayment in respect of such advance shall be an immediate first charge against any subsequent pay entitlement
and shall be recovered in full prior to any further payment of salary.
26.01 An employee shall earn sick leave credits at the rate of
nine point three seven five (9.375) hours for each calendar month for which that employee receives pay for at least
ten (10) days.
26.02 An employee is eligible for sick leave with pay when the employee is
unable to perform his or her duties because of illness or injury provided that:
(a) the employee has the necessary sick leave credits,
and
(b) the employee satisfies the Employer of this condition in such manner and at such time as may be determined by
the Employer.
26.03 Unless otherwise informed by the Employer before or during the
period of illness or injury that a certificate from a qualified medical practitioner, licensed chiropractor, dentist,
dental surgeon or orthodontist, will be required, a statement signed by the employee stating that because of this
illness or injury the employee was unable to perform his or her duties shall, when delivered to the Employer, be
considered as meeting the requirements of sub-clause 26.02(b):
(a) if the period of leave requested does not exceed five (5) days,
and
(b) if in the current fiscal year, the employee has not been granted more than ten (10) days' sick leave wholly on
the basis of statements signed by the employee.
26.04 An employee is not eligible for sick leave with pay during any
period in which the employee is on leave of absence without pay or under suspension.
26.05 Where an employee has insufficient or no credits to cover the
granting of sick leave with pay under the provisions of clause 26.02, sick leave with pay may, at the discretion of the
Employer, be granted for a period of up to one hundred and twelve point five (112.5) hours subject to the deduction of
such advanced leave from any sick leave credits subsequently earned.
26.06 The amount of sick leave with pay already credited to an employee by
the Employer at the time this agreement is signed shall be retained by the employee.
**
26.07 The Employer agrees that an employee terminated for cause for
reasons of incapacity pursuant to Section 11(2)(g) of the Financial Administration Act may exhaust his or her
accumulated sick leave credits prior to his or her release.
27.01 Maternity Leave without Pay
(a) An employee who becomes pregnant shall, upon request, be granted maternity leave without pay for
a period beginning before, on or after the termination date of pregnancy and ending not later than seventeen (17) weeks
after the termination date of pregnancy.
(b) Notwithstanding sub-clause (a):
(i) where the employee's newborn child is hospitalized within the period defined in sub-clause (a),
and
(ii) where the employee has proceeded on maternity leave without pay and then, upon request and with the concurrence
of the Employer, returns to work for all or part of the period during which her newborn child is hospitalized,
the period of maternity leave without pay defined in sub-clause (a) may be extended beyond the date falling
seventeen (17) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the
child's hospitalization during which the employee returned to work, to a maximum of seventeen (17) weeks.
(c) The extension described in sub-clause (b) shall end not later than fifty-two (52) weeks after the termination
date of pregnancy.
(d) At its discretion, the Employer may require an employee to submit a medical certificate certifying
pregnancy.
(e) An employee who has not commenced maternity leave without pay may elect to:
(i) use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates,
(ii) use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions
set out in the Sick Leave With Pay Article. For purposes of this Article, illness or injury as defined in the Sick
Leave Article shall include medical disability related to pregnancy.
(f) An employee shall inform the Employer in writing of her plans for taking leave with and without pay to cover her
absence from work due to the pregnancy at least four (4) weeks in advance of the initial date of continuous leave of
absence during which termination of pregnancy is expected to occur.
(g) Leave granted under this clause shall be counted for the calculation of "continuous employment" for the purpose
of calculating severance pay and vacation leave. Time spent on such leave shall be counted for pay increment
purposes.
27.02 Maternity Allowance
(a) An employee who has been granted maternity leave without pay shall be paid a maternity allowance
in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in sub-clause (c), provided
that she:
(i) has completed six (6) months of continuous employment before the commencement of her maternity
leave without pay,
(ii) provides the Employer with proof that she has applied for and is in receipt of Employment
Insurance (EI) pregnancy benefits pursuant to Section 22 of the Employment Insurance Act in respect of insurable
employment with the Employer,
and
(iii) has signed an agreement with the Employer stating that:
(A) she will return to work on the expiry date of her maternity leave without pay unless the return
to work date is modified with the Employer's consent,
(B) within eighteen (18) months following her return from maternity leave without pay, she will work
an amount of hours paid at straight time calculated by multiplying the number of hours in the work week on which her
maternity allowance was calculated by twenty six (26),
(C) she will be indebted to the Employer for the full amount of the maternity allowance she has
received, if she fails to return to work as agreed to under Sections (A) and (B) unless her employment is terminated by
reason of death, lay-off, or having become disabled as defined in the Public Service Superannuation
Act.
(b) For the purpose of Section (a)(iii)(B), periods of leave with pay shall count as time
worked.
(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 EI maternity
benefits, ninety-three per cent (93%) of her weekly rate of pay for each week of the waiting period, less any other
monies earned during this period,
and
(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 EI benefit she is eligible to
receive and ninety-three per cent (93%) of her weekly rate of pay less any other monies earned during this period which
may result in a decrease in EI benefits to which she would have been eligible if no extra monies had been earned during
this period.
(d) The maternity allowance to which an employee is entitled is limited to that provided in
sub-clause (c) and an employee will not be reimbursed for any amount that she may be required to repay pursuant to the
EI Act.
(e) The weekly rate of pay referred to in sub-clause (c) shall be:
(i) for a full-time employee, her weekly rate of pay on the day immediately preceding the
commencement of maternity leave without pay,
(ii) for an employee who has been employed on a part-time or on a combined full time and part-time
basis during the six (6) month period preceding the commencement of maternity leave, the rate obtained by multiplying
the weekly rate of pay in sub-subclause (i) by the fraction obtained by dividing her straight time earnings by the
straight time earnings she would have earned working full time during such period.
(f) The weekly rate of pay referred to in sub-clause (e) shall be the rate to which the employee is
entitled for her substantive level to which she is appointed.
(g) Notwithstanding sub-clause (f), and subject to sub-subclause (e)(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.
(h) 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.
(i) Maternity allowance payments made under the SUB Plan will neither reduce nor increase an
employee's deferred remuneration or severance pay.
27.03 Special Maternity Allowance for Totally-Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in sub-subclause 27.02(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 the Government Employees Compensation
Act prevents her from receiving EI maternity benefits,
and
(ii) has satisfied all of the other eligibility criteria specified in sub-clause 27.02(a), other than
those specified in Sections (A) and (B) of sub-subclause 27.02(a)(iii)
shall be paid, in respect of each week of maternity allowance not received for the reason described
in sub-subclause (i), the difference between ninety-three per cent (93%) of her weekly rate of pay and the gross amount
of her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation
Act.
(b) An employee shall be paid an allowance under this clause and under clause 27.02 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
EI Act had she not been disqualified from EI maternity benefits for the reasons described in
sub-subclause (a)(i).
28.01 Parental Leave Without Pay
(a) An employee who becomes a parent through the birth of a child or the adoption of a child below
the age of majority shall, upon request, be granted parental leave without pay for a single period of up to
twenty-four (24) consecutive weeks beginning on or after the date of the child's birth or the date of acceptance of
custody of the child for adoption.
(b) The period of parental leave without pay shall end:
(i) no later than forty-one (41) weeks after the child is born or, in the case of adoption, no later
than twenty-four (24) weeks after the date of acceptance of custody of the child for adoption;
(ii) no later than fifty-two (52) weeks after the day the child is born, where the period of
maternity leave without pay is extended in accordance with sub-clause 27.01(b) and is followed by a period of parental
leave without pay taken by the employee or by the employee's spouse.
(c) An employee who intends to request parental leave without pay shall notify the Employer at least
four (4) weeks in advance of the expected date of the birth of the child or as soon as the application for adoption has
been approved by the adoption agency.
(d) The Employer may require an employee to submit a birth certificate or proof of adoption for the
child.
(e) Parental leave without pay taken by a Public Service couple shall not exceed a total of
twenty-four (24) weeks for both employees combined.
(f) Leave granted under this clause shall count for the calculation of "continuous employment" for
the purpose of calculating severance pay and vacation leave. Time spent on such leave shall count for pay increment
purposes.
28.02 Parental Allowance
(a) An employee who has been granted parental leave without pay, shall be paid a parental allowance
in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in sub-clauses (c) to (i),
providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave
without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of Employment
Insurance (EI) parental benefits pursuant to Section 23 of the Employment Insurance Act in respect of insurable
employment with the Employer,
and
(iii) has signed an agreement with the Employer stating that he or she:
(A) will return to work on the expiry date of his or her parental leave without pay, unless the
return to work date is modified with the Employer's consent,
(B) within ten (10) months of the employee's return from parental leave without pay, he or she will
work an amount of hours paid at straight time calculated by multiplying the number of hours in the work week on which
the parental allowance was calculated by fifteen (15),
(C) he or she will be indebted to the Employer for the full amount of parental allowance received, if
he or she fails to return to work as agreed to under Sections (A) and (B) for reasons other than death, lay-off, or
having become disabled as defined in the Public Service Superannuation Act.
(b) For the purpose of Section (iii)(B), periods of leave with pay shall count as time worked.
(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 EI parental benefits,
ninety-three per cent (93%) of the employee's 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 sub-subclause (iii) below, for each week in respect of which the employee receives EI
parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross
amount of the EI parental benefits he or she is initially eligible to receive and ninety-three per cent (93%) of the
employee's weekly rate of pay less any other monies earned during this period which may result in a decrease in EI
benefits to which the employee 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
EI Act, the parental allowance payable under the SUB Plan described in sub-subclause (ii) will be extended by
the number of weeks of extended benefits which the employee receives under that sub-subclause.
(d) The parental allowance to which an employee is entitled is limited to that provided in sub-clause (c) and an
employee will not be reimbursed for any amount that he or she is required to repay pursuant to the EI Act.
(e) The weekly rate of pay referred to in sub-clause (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of
maternity or parental leave without pay,
(ii) for an employee who has been employed on a part-time or on a combined full time and part-time basis during the
six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by
multiplying the weekly rate of pay in sub-subclause (i) by the fraction obtained by dividing the employee'sstraight
time earnings by the straight time earnings he or she would have earned working full time during such period.
(f) The weekly rate of pay referred to in sub-clause (e) shall be the rate to which the employee is entitled for the
substantive level to which he or she is appointed.
(g) Notwithstanding sub-clause (f), and subject to sub-subclause (e)(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 he or she was being paid on that day.
(h) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance,
the allowance shall be adjusted accordingly.
(i) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred
remuneration or severance pay.
28.03 Special Parental Allowance for Totally Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in sub-subclause 28.02(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 himor herfrom receiving EI parental benefits,
and
(ii) has satisfied all of the other eligibility criteria specified in sub-clause 28.02(a), other than
those specified in Sections (A) and (B) of sub-subclause 28.02(a)(iii),
shall be paid, in respect of each week of benefits under the parental allowance not received for the reason
described in sub-subclause (i), the difference between ninety-three per cent (93%) of the employee's rate of pay and
the gross amount of the employee's 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 28.02 for a combined period of no more
than the number of weeks during which the employeewould have been eligible for parental benefits pursuant to Section 23
of the EI Act, had the employee not been disqualified from EI parental benefits for the reasons described in
sub-subclause (a)(i).
29.01
(a) For the purpose of this clause, family is defined as spouse (or common-law spouse resident with
the employee), dependent children (including children of legal or common-law spouse), parents (including step-parents
or foster parents), or any relative permanently residing in the employee's household or with whom the employee
permanently resides.
(b) The Employer shall grant leave with pay under the following circumstances:
(i) up to one-half (1/2) day for a medical or dental appointment when the dependent family member is
incapable of attending the appointments by himself of herself, or for appointments with appropriate authorities in
schools or adoption agencies. An employee is expected to make reasonable efforts to schedule medical or dental
appointments for dependent family members to minimize his or her absence from work. An employee requesting leave under
this provision must notify his or her supervisor of the appointment as far in advance as possible;
(ii) leave with pay to provide for the temporary care of a sick member of the employee's
family;
(iii) one (1) day's leave with pay for needs directly related to the birth or to the adoption of the
employee's child. This leave may be divided into two (2) periods and granted on separate days.
(c) The total leave with pay which may be granted under sub-subclauses (b)(i), (ii) and (iii) shall
not exceed five (5) days in a fiscal year.
30.01 After the completion of one (1) year's continuous employment in the
Public Service, an employee who gives the Employer at least twenty (20) days' notice, shall be granted marriage leave
with pay but not more than two (2) days, for the purpose of getting married.
31.01 Subject to operational requirements an employee shall be granted
leave without pay for the care and nurturing of the employee's pre-school age children in accordance with the following
conditions:
(a) an employee shall notify the Employer in writing four (4) weeks in advance of the commencement date of such
leave, unless because of an urgent or unforeseeable circumstance such notice cannot be given;
(b) leave granted under this clause shall be for a minimum period of six (6) weeks;
(c) the total leave granted under this clause shall not exceed five (5) years during an employee's total period of
employment in the Public Service;
(d) leave granted under this clause for a period of more than three (3) months shall be deducted from the
calculation of "continuous employment" for the purpose of calculating severance pay and vacation leave;
(e) time spent on such leave shall not be counted for pay increment purposes.
32.01 For the purpose of this clause, immediate family is defined as
father, mother, (or alternatively, stepfather, stepmother or foster parent), brother, sister, spouse (including
common-law spouse resident with the employee), child (including child of common-law spouse), ward of the employee,
father-in-law, mother-in-law and relative permanently residing in the employee's household or with whom the employee
permanently resides.
(a) When a member of the employee's immediate family dies, an employee shall be entitled to a bereavement period of
four (4) consecutive calendar days which does not extend beyond the day following the day of the funeral. During such
period, the employee shall be paid for those days which are not regularly scheduled days of rest for that employee. In
addition, the employee may be granted up to three (3) days' leave with pay for the purpose of travel related to the
death.
(b) In special circumstances and at the request of the employee, the four (4)-day bereavement period may be moved
beyond the day following the day of the funeral but must include the day of the funeral.
32.02 An employee is entitled to up to one (1) day's bereavement leave
with pay for the purpose related to the death of the employee's grand-parent, grandchild, son-in-law, daughter-in-law,
brother-in-law or sister-in-law.
32.03 It is recognized by the parties that the circumstances which call
for leave in respect of bereavement are based on individual circumstances. On request, the Employer may, after
considering the particular circumstances involved, grant leave with pay for a period greater than that provided for in
clauses 32.01 and 32.02.
33.01 Leave with pay shall be given to every employee, other than an
employee already on leave without pay, on education leave, or under suspension who is required:
(a) to be available for jury selection;
(b) to serve on a jury;
or
(c) by subpoena or summons to attend as a witness in any proceeding held:
(i) in or under the authority of a court of justice or before a grand jury;
(ii) before a court, judge, justice, magistrate or coroner;
(iii) before the Senate or House of Commons of Canada or a committee of the Senate or House of Commons otherwise
than in the performance of the duties of his position;
(iv) before a legislative council, legislative assembly or house of assembly, or any committee thereof that is
authorized by law to compel the attendance of witnesses before it;
or
(v) before an arbitrator or umpire or a person or body of persons authorized by law to make an inquiry and to compel
the attendance of witnesses before it.
34.01 Where an employee participates as a candidate in a personnel
selection process for a position in the Public Service, as defined in the Public Service Staff Relations Act,
the employee is entitled to leave with pay for the period during which the employee's presence is required for purposes
of the selection process, and for such further period as the Employer considers reasonable for the employee to travel
to and from the place where his or her presence is so required. Remuneration in these circumstances shall be limited to
normal pay.
35.01 The Employer recognizes the usefulness of Education Leave. Upon
written application by the employee and with the approval of the Employer, an employee may be granted education leave
without pay for varying periods up to one (1) year, which can be renewed by mutual agreement, to attend a recognized
institution for studies in some field of education in which preparation is needed to fill his or her present role more
adequately or to undertake studies in some field in order to provide a service which the Employer requires or is
planning to provide.
35.02 At the Employer's discretion, an employee on education leave without
pay under this Article may receive an allowance in lieu of salary of up to one hundred per cent (100%) of his or her
normal pay, depending on the degree to which the education leave is deemed by the Employer to be relevant to
organizational requirements. Where the employee receives a grant, bursary or scholarship, the education leave allowance
may be reduced. In such cases, the amount of the reduction shall not exceed the amount of the grant, bursary
or scholarship.
35.03 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.
35.04 As a condition of the granting of education leave without pay, an
employee shall, if required, give a written undertaking prior to the commencement of the leave to return to the service
of the Employer for a period of not less than the period of the leave granted.
If the employee, except with the permission of the Employer:
(a) fails to complete the course;
(b) does not resume employment with the Employer on completion of the course;
or
(c) ceases to be employed, except by reason of death or lay-off, before termination of the period he or she has
undertaken to serve after completion of the course;
the employee shall repay the Employer all allowances paid to him or her under this Article during the education
leave or such lesser sum as shall be determined by the Employer.
35.05 Career Development Leave With Pay
(a) Career development refers to an activity which in the opinion of the Employer is likely to be of
assistance to the individual in furthering his or her career development and to the organization in achieving its
goals. The following activities shall be deemed to be part of career development:
(i) a course given by the Employer;
(ii) a course offered by a recognized academic institution;
(iii) a seminar, convention or study session in a specialized field directly related to the
employee's work.
(b) Upon written application by the employee, and with the approval of the Employer, career development leave with
pay may be given for any one of the activities described in sub-clause 35.05(a) above. Article 17, Overtime, and
Article 23, Travel, do not apply during time spent on career development leave provided for in this clause.
(c) Employees on career development leave shall be reimbursed for all reasonable travel and other expenses incurred
by them which the Employer may deem appropriate.
35.06 Invitation to Participate at Seminars and Conventions
An employee invited to give courses or lectures on matters related to his or her field of employment or to take part
in seminars and conventions pertaining to Air Traffic Control and related to his or her employment may, at the
discretion of the Employer, be given leave with pay for such attendance.
36.01 It is agreed that, operational requirements permitting, employees in
the Air Traffic Control Group who are selected for employment by ICAO, CUSO, or under Canada's External Aid Programme,
will be granted leave without pay on presentation of a letter indicating their acceptance by such an organization.
36.02 At the discretion of the Employer, leave with pay may be granted
when circumstances not directly attributable to the employee prevent the employee's reporting for duty. Such leave
shall not be unreasonably withheld.
36.03 At its discretion, the Employer may grant leave without pay for
purposes other than those specified in this Agreement.
37.01 Except as provided in this Article, the terms and conditions governing the
application of pay to employees are not affected by this Agreement.
37.02 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.
37.03
(a) When an employee is required by the Employer to perform the duties of a higher classification
level for a period of at least four (4) consecutive working days, the employee shall be paid the pay of the higher
level, calculated from the date on which the employee commenced to perform the duties of the higher level.
(b) An employee who is required to perform the duties of a higher classification level will not be arbitrarily
assigned and reassigned between his or her regular position and the acting position solely for the purpose of avoiding
entitlement to acting pay in the higher level position.
37.04 The Employer will endeavour to make cash payment of compensation for
acting duties in the month following the month in which the acting duties were performed.
37.05 Overpayment
Where an employee, through no fault of his or her own, has been overpaid, the appropriate pay office will, before
recovery action is implemented, advise the employee of the intention to recover the overpayment. Where the amount of
overpayment is in excess of fifty dollars ($50.00), and where the employee advises his or her local management that the
stated recovery action will create a hardship, arrangements will be made by the Employer with the appropriate pay
office to limit recovery action to not more than ten per cent (10%) of the employee's pay each pay period until the
entire amount is recovered.
37.06 The Employer will notify the Association in writing thirty (30) days
in advance of the creation of any new jobs within the bargaining unit or the establishment of a new classification plan
for jobs within the bargaining unit.
38.01 Unless otherwise expressly stipulated, this Agreement shall become
effective on the date it is signed and, in the event that any law passed by Parliament renders null and void any
provision of this Agreement, the remaining provisions of the Agreement shall remain in effect until June 30, 2000.
38.02 This Agreement may be amended by mutual consent.
39.01 An employee who encumbers a position which receives a supervisory
rating under the AI classification standard and who performs supervisory duties shall receive a percentage differential
applied to his or her basic rate of pay, according to the degree of the supervisory rating, as follows:
|
Supervisory Rating
|
Supervisory Differential
|
|
Operating Employees
|
|
|
Degree A or B
|
5%
|
|
Non-Operating Employees
|
|
|
Degree A
|
2%
|
|
Degree B
|
4%
|
|
Degree C
|
5%
|
|
Degree D
|
6%
|
39.02 The Supervisory Differential for Operating Employees will cease to
have effect when the last employee who was participating in the Reassignment and Retraining Program on January 1, 1998,
ceases to participate or his/her employment is terminated in accordance with the terms of the Program.
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