Treasury Board of Canada Secretariat - Government of Canada
Skip to Side MenuSkip to Content Area
Français Contact Us Help Search Canada Site
What's New About Us Policies Site Map Home

Human
Resources
Current Collective Agreements
List of Changes
Letter of Understanding
Printing Specifications
Alternate Format(s)
Printable Version

Translation (TR) 313 (Archived)

Previous Table of Contents Next
Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.


ARTICLE 21
OTHER LEAVE

21.01 General

In respect of any requests for leave under this Article, the employee, when required by the Employer, must provide satisfactory validation of the circumstances necessitating such requests.

21.02 Bereavement Leave

For the purposes of this clause, "immediate family" is defined as any relative permanently residing in the employee's household or with whom the employee permanently resides, and the employee's father, mother (or alternatively stepfather, stepmother, or foster parent), brother, sister, spouse, (including common-law partner resident with the employee), child, (including child of common-law partner), stepchild or ward of the employee, grandchild, grandparent, father-in-law and mother-in-law.

(a) When a member of his immediate family dies, an employee shall be granted bereavement leave for a period of five (5) consecutive calendar days which must include the day of the funeral. During such period he 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) An employee is entitled to one (1) day's bereavement leave with pay for the purpose related to the death of his son-in-law, daughter-in-law, brother-in-law or sister-in-law.

(c) If, during a period of sick leave, vacation leave, parliamentary leave, interpretation leave or compensatory leave, an employee is bereaved in circumstances under which he would have been eligible for bereavement leave with pay under paragraphs (a) and (b), the employee shall be granted bereavement leave with pay and his paid leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.

(d) 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 or in a manner other than that provided for in paragraphs 21.02(a) and (b).

21.03 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 paragraph (a):

(i) where the employee has not yet proceeded on maternity leave without pay and her newborn child is hospitalized,

or

(ii) where the employee has proceeded on maternity leave without pay and then returns to work for all or part of the period during which her newborn child is hospitalized,

the period of maternity leave without pay defined in paragraph (a) may be extended beyond the date falling seventeen (17) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child's hospitalization during which the employee was not on maternity leave, to a maximum of seventeen (17) weeks.

(c) The extension described in paragraph (b) shall end not later than fifty-two (52) weeks after the termination date of pregnancy.

(d) The Employer may require an employee to submit a medical certificate certifying pregnancy.

(e) An employee who has not commenced maternity leave without pay may elect to:

(i) use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates;

(ii) use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in Article 20, Sick Leave. For purposes of this subparagraph, the terms "illness" or "injury" used in Article 20, Sick Leave, shall include medical disability related to pregnancy.

(f) An employee shall inform the Employer in writing of her plans for taking leave with and without pay to cover her absence from work due to the pregnancy at least four (4) weeks in advance of the initial date of continuous leave of absence during which termination of pregnancy is expected to occur unless there is a valid reason why the notice cannot be given.

(g) Leave granted under this clause shall be counted for the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave shall be counted for pay increment purposes.

21.04 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 paragraph (c) to (i), provided that she:

(i) has completed six (6) months of continuous employment before the commencement of her maternity leave without pay,

(ii) provides the Employer with proof that she has applied for and is in receipt of pregnancy benefits pursuant to Section 22 of the Employment Insurance Act in respect of insurable employment with the Employer,

and

(iii) has signed an agreement with the Employer stating that:

(A) she will return to work on the expiry date of her maternity leave without pay unless the return to work date is modified by the approval of another form of leave;

(B) following her return to work, as described in section (A), she will work for a period equal to the period she was in receipt of the maternity allowance;

(C) should she fail to return to work in accordance with section (A), or should she return to work but fail to work for the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, she will be indebted to the Employer for an amount determined as follows:

(allowance received)

X (remaining period to be worked
following her return to work)
    [total period to be worked
as specified in (B)]

however, an employee whose specified period of employment expired and who is rehired by the same department within a period of five (5) days or less is not indebted for the amount if her new period of employment is sufficient to meet the obligations specified in section (B).

(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).

(c) Maternity allowance payments made in accordance with the SUB Plan will consist of the following:

(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance pregnancy benefits, ninety-three per cent (93%) of her weekly rate of pay for each week of the waiting period, less any other monies earned during this period,

and

(ii) for each week that the employee receives a pregnancy benefit pursuant to Section 22 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance pregnancy benefit she is eligible to receive and ninety-three per cent (93%) of her weekly rate of pay less any other monies earned during this period which may result in a decrease in Employment Insurance benefits to which she would have been eligible if no extra monies had been earned during this period.

(d) At the employee's request, the payment referred to in subparagraph 21.04(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.

21.05 Special Maternity Allowance for Totally-Disabled Employees

(a) An employee who:

(i) fails to satisfy the eligibility requirement specified in subparagraph 21.04(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 Employment Insurance pregnancy benefits,

and

(ii) has satisfied all of the other eligibility criteria specified in paragraph 21.04(a), other than those specified in sections (A) and (B) of subparagraph 21.04(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 21.04 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).

21.06 Parental Leave Without Pay

(a) Where an employee has or will have the actual care and custody of a new-born child (including the new-born child of a common-law partner), the employee shall, upon request, be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period beginning on the day on which the child is born or the day on which the child comes into the employee's care.

(b) Where an employee commences legal proceedings under the laws of a province to adopt a child or obtains an order under the laws of a province for the adoption of a child, the employee shall, upon request, be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks in the fifty-two week (52) period beginning on the day on which the child comes into the employee's care.

(c) Notwithstanding paragraphs (a) and (b):

(i) where the employee's child is hospitalized within the period defined in the above paragraphs, and the employee has not yet proceeded on parental leave without pay,

or

(ii) where the employee has proceeded on parental leave without pay and then returns to work for all or part of the period during which his or her child is hospitalized,

the period of parental leave without pay specified in the original leave request may be extended by a period equal to that portion of the period of the child's hospitalization during which the employee was not on parental leave. However, the extension shall end not later than fifty-two (52) weeks after the day on which the child comes into the employee's care.

(d) An employee who intends to request parental leave without pay shall notify the Employer at least four (4) weeks in advance of the expected date of the birth of the employee's child (including the child of a common-law partner), or the date the child is expected to come into the employee's care pursuant to paragraphs (a) and (b).

(e) The Employer may:

(i) defer the commencement of parental leave without pay at the request of the employee;

(ii) grant the employee parental leave without pay with less than four (4) weeks' notice;

(iii) require an employee to submit a birth certificate or proof of adoption of the child.

(f) Parental leave without pay taken by a couple employed in the Public Service shall not exceed a total of thirty-seven (37) weeks for both individuals combined. For the purpose of this paragraph, Public Service means any portion of the Public Service of Canada specified in Part I of Schedule I of the Public Service Staff Relations Act.

(g) Leave granted under this clause shall count for the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave shall count for pay increment purposes.

21.07 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 paragraphs (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 parental benefits pursuant to Section 23 of the Employment Insurance Act in respect of insurable employment with the Employer,

and

(iii) has signed an agreement with the Employer stating that:

(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;

(B) Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 21.04(a)(iii)(B), if applicable;

(C) should he or she fail to return to work in accordance with section (A) or should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows:

(allowance received)

X (remaining period to be worked
following his/her return to work)
    [ total period to be worked
as specified in (B)]

however, an employee whose specified period of employment expired and who is rehired by the same department within a period of five (5) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).

b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).

**
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:

(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;

**

(ii) for each week in respect of which the employee receives parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance parental benefits he or she is eligible to receive and ninety-three per cent (93%) of his or her weekly rate of pay less any other monies earned during this period which may result in a decrease in Employment Insurance benefits to which he or she would have been eligible if no extra monies had been earned during this period;

(d) At the employee's request, the payment referred to in subparagraph 21.07(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.

21.08 Special Parental Allowance for Totally-Disabled Employees

(a) An employee who:

(i) fails to satisfy the eligibility requirement specified in subparagraph 21.07(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 21.07(a), other than those specified in sections (A) and (B) of subparagraph 21.07(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 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 21.07 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).

21.09 Leave Without Pay for the Care of Immediate Family

Transitional provisions

An employee who, on the date of signature of this agreement, is on Leave Without Pay for the Care and Nurturing of the employee's Pre-School Age Children or on Leave Without Pay for the Long-Term Care of a Parent under clauses 21.09 or 21.13 of the agreement expired on 18 April 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.

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 Care and Nurturing of the employee's Pre-School Age Children or on Leave Without Pay for the Long-Term Care of a Parent 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.

All leave granted under Leave Without Pay for the Care and Nurturing of the employee's Pre-School Age Children or under Leave Without Pay for the Long-Term Care of a Parent under the terms of agreements other than the present agreement 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.

This article is also applicable to employees who have been granted Leave Without Pay for the Care and Nurturing of the employee's Pre-School Age Children or Leave Without Pay for the Long-Term Care of a Parent before the signature of the present agreement and have proceeded on leave on or after the date of signature of this agreement.

**
An employee shall be granted leave without pay for the care of immediate family in accordance with the following conditions:

(a) For the purpose of this clause, family is defined as spouse (or common-law partner resident with the employee), children (including foster children or children of spouse or common-law partner) parents (including stepparents or foster parent) or any relative permanently residing in the employee's household or with whom the employee permanently resides.

(b) Subject to paragraph (a), up to five (5) years leave without pay during an employee's total period of employment in the Public Service may be granted for the personal long-term care of the employee's family. Leave granted under this paragraph shall be for a minimum period of three (3) weeks.

(c) 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.

(d) An employee who has proceeded on leave without pay may change his return to work date if such change does not result in additional costs to the Employer.

**
(e) Leave granted for a period of less than one (1) year shall be scheduled in a manner which ensures continued service delivery.

21.10 Leave Without Pay for Personal Needs

Leave without pay will be granted for personal needs, in the following manner:

(a) Where operational requirements permit, leave without pay for a period of up to three (3) months will be granted to an employee for personal needs. Leave granted under this clause shall be counted for the calculation of continuous employment for the purpose of calculating severance pay and service for the purpose of calculating annual leave. Time spent on such leave shall be counted for pay increment purposes.

(b) Where operational requirements permit, leave without pay of 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 twice under each of (a) and (b) of this clause during his total period of employment in the Public Service. At least ten (10) years must have elapsed before the second use of the leave as provided under each of (a) and (b) of this clause. Leave without pay granted under this clause may not be used in combination with maternity or parental leave without the consent of the Employer.

21.11 Leave Without Pay for Relocation of Spouse or Common-law Partner

At the request of an employee, leave without pay for a period up to one (1) year shall be granted to an employee whose spouse or common-law partner is permanently relocated and up to five (5) years to an employee whose spouse or common-law partner is temporarily relocated.

21.12 Leave With Pay for Family-Related Responsibilities

**
(a) For the purposes of sub-paragraphs (b)(i), (ii) and (iii) only, "family" is defined as any relative residing in the employee's household or with whom the employee permanently resides, and the employee's spouse (or common-law partner resident with the employee), dependent children (including foster children and children of legal or common-law partner) and parents (including step-parents or foster parents).

(b) The employee shall be granted leave with pay as follows:

(i) up to one (1) day of leave with pay, on each occasion, for an appointment to take a member of his family for a medical or dental appointment, when the family member is incapable of attending the appointment by himself, or for appointments with appropriate authorities in schools or adoption agencies. An employee requesting leave under this sub-paragraph must make every reasonable effort to schedule the appointment to minimize or preclude time away from work, and must notify his supervisor of the appointment as far in advance as possible;

(ii) up to five (5) consecutive days of leave with pay to provide for the immediate and temporary care of a sick member of his family and to provide an employee with time to make alternative care arrangements where the illness is of a longer duration;

**

(iii) up to five (5) consecutive days of leave with pay for needs directly related to the birth or to the adoption of his child. This leave may be divided into two (2) periods and granted on separate days.

**

(iv) only once in the employee's career in the Public Service, up to five (5) consecutive days for any other responsibilities provided that the employee gives the Employer at least five (5) days' notice unless otherwise agreed by the employee and the Employer. The employee must have completed one (1) year of continuous employment in the Public Service.

(c) The total leave with pay which may be granted under sub-paragraphs (b)(i), (ii), (iii) and (iv) shall not exceed five (5) days in a fiscal year.

21.13 Court Leave

Leave with pay shall be given to an employee who is required:

(a) to be available for jury selection and to serve on a jury,

or

(b) by subpoena, summons or other legal instruments to attend as a witness in any proceeding, other than a proceeding in which the employee is a party, 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.

21.14 Examination Leave

Leave with pay may be granted to an employee for the purpose of taking an examination during his normal hours of work. Such leave will be granted only where in the opinion of the Employer the course of study is directly related to the employee's duties or will improve his professional qualifications.

21.15 Personnel Selection Leave

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 presence is so required. Such leave will only be granted for those periods the employee would normally be on duty.

21.16 Education Leave

(a) An employee may be granted education leave without pay for varying periods up to one (1) year, which can be renewed by mutual agreement, for additional or special study in an academic or professional institution or for a program of special study in order to permit such an employee to improve his professional skills. The purpose of this leave is to enable the employee to perform his duties more adequately and therefore such leave shall be directly related to the needs and interests of the Employer.

(b) At the discretion of the Employer, an employee on education leave under this clause may receive an allowance in lieu of salary of up to one hundred per cent (100%) of his annual rate of pay as provided for in Appendix "A" of this Agreement, 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 allowances may be reduced. In such cases the amount of reduction shall not exceed the amount of the grant, bursary or scholarship.

(c) Any allowance already being received by the employee and not part of his basic salary shall not be used in the calculation of the allowance for education leave without pay.

(d) Allowances already being received by the employee may at the discretion of the Employer be continued during the period of the education leave and the employee shall be notified when the leave is approved whether such allowances are to be continued in whole or in part.

(e) As a condition to the granting of education leave, an employee shall, if required, give a written undertaking prior to the commencement of the leave to return to the service of the Employer and stay at his service for a period of not less than the period of the leave granted. If the employee, except with the permission of the Employer:

(i) fails to complete the course,

(ii) does not resume his employment with the Employer on completion of the course,

or

(iii) ceases to be employed before termination of the period he has undertaken to serve after completion of the course,

he shall repay the Employer all allowances paid to him during the education leave or such lesser sum as shall be determined by the Employer.

(f) Time spent on such leave shall be counted for pay increment and for service for the purpose of calculating vacation leave.

21.17 Career Development Leave

(a) An employee invited to give courses or lectures on matters related to his field of employment or to take part in seminars and conventions pertaining to translation or interpretation and related to his employment may, at the discretion of the Employer, be given leave with pay for such attendance. "Leave with pay" means the employee's normal compensation including any increase for which he may become eligible during his absence.

(b) An employee shall not be entitled to any compensation under Articles 13, Overtime, and 14, Travelling Time, in respect of hours he is in attendance at or travelling to or from a conference, convention, course or lecture under the provisions of this clause.

21.18 Injury-on-duty Leave

An employee shall be granted injury-on-duty leave with pay for such reasonable period as may be determined by the Employer where it is decided by a Provincial Workmen's Compensation Board that he is unable to perform his duties because of:

(a) personal injury accidentally received in the performance of his duties and not caused by the employee's wilful misconduct,

(b) sickness resulting from the nature of his employment,

or

(c) exposure to hazardous conditions in the course of his employment,

if the employee agrees to pay to the Receiver General of Canada any amount received by him for loss of wages in settlement of any claim he may have in respect of such injury, sickness or exposure.

21.19 Maternity-related Reassignment or Leave

(a) 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.

(b) An employee's request under paragraph (a) 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.

(c) An employee who has made a request under paragraph (a) 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:

(i) modifies her job functions or reassigns her,

or

(ii) informs her in writing that it is not reasonably practicable to modify her job functions or reassign her.

(d) Where reasonably practicable, the Employer shall modify the employee's job functions or reassign her.

(e) 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.

(f) 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.

21.20 Medical Appointment for Pregnant Employees

(a) Up to half a day (1/2) of reasonable time off with pay will be granted to pregnant employees for the purpose of attending routine medical appointments.

(b) 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.

21.21 Religious Observance

(a) The Employer shall make every reasonable effort to accommodate an employee who requests time off to fulfill his religious obligations.

(b) Employees may, in accordance with the provisions of this Agreement, request annual leave, compensatory leave, leave without pay for other reasons or a shift exchange (in the case of a shift worker) in order to fulfill their religious obligations.

(c) Notwithstanding paragraph (b), at the request of the employee and at the discretion of the Employer, time off with pay may be granted to the employee in order to fulfill his religious obligations. The number of hours with pay so granted must be made up hour for hour within a period of six (6) months, at times agreed to by the Employer. Hours worked as a result of time off granted under this clause shall not be compensated nor should they result in any additional payments by the Employer.

(d) An employee who intends to request leave or time off under this clause 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.

**

21.22 Volunteer Leave

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 organization or activity, other than for activities related to the Government of Canada Workplace Charitable Campaign.

The leave will be scheduled at times convenient both to 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.

**

21.23 Personal Leave

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 leave at such times as the employee may request.

21.24 Leave With or Without Pay for Other Reasons

At its discretion, the Employer may grant leave with or without pay for purposes other than those specified in this Agreement.

ARTICLE 22
SEVERANCE PAY

22.01 Under the following circumstances of termination of employment, an employee shall receive severance benefits.

(a) Lay-Off

(i) When an employee has completed one (1) year or more of continuous employment and is laid off, he is entitled to be paid severance pay at the time of lay-off.

(ii) In the case of an employee who is laid off for the first (1st) time, the amount of severance pay shall be two (2) weeks' pay for the first (1st) completed year of continuous employment and one (1) week's pay for each additional completed 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).

(iii) In the case of an employee who is laid off for a second (2nd) or subsequent time, the amount of severance pay shall be one (1) week's pay for each completed 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 he has already been granted severance pay under sub-paragraph (ii) above.

(b) Retirement

(i) an employee who, on retirement, is entitled to an immediate annuity, or an 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 were a contributor under the Public Service Superannuation Act, would be entitled to an immediate annuity or to an immediate annual allowance,

shall be paid, on termination of employment, severance pay equal to the product obtained by multiplying his weekly rate of pay on termination of employment by the number of completed years of continuous employment and, in the case of a partial year of continuous employment, by the number of days of continuous employment divided by three hundred and sixty-five (365), up to a maximum of thirty (30) years.

(c) Resignation

(i) Provided an employee gives not less than two (2) months' notice of his intention to resign or such shorter period as the Employer may agree, an employee who, at the time of his resignation, has ten (10) or more years of continuous employment is, subject to paragraph (b), entitled to be paid severance pay equal to the amount obtained by multiplying half (1/2) of his weekly rate of pay on resignation by the number of completed years of continuous employment up to a maximum of twenty-six (26).

(ii) Notwithstanding sub-paragraph (i), an employee who resigns to accept an appointment with a separate Employer covered by Part II of Schedule I of the Public Service Staff Relations Act may decide not to accept severance pay, provided that the separate Employer will accept, for the purpose of calculating severance pay, the years of service accumulated by the employee within an organization covered by Part I of Schedule I of the Act.

(d) 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, he shall be entitled to severance pay on the basis of one (1) week's pay for each completed 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), up to a maximum 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 the provisions of Section 11(2)(g) of the Financial Administration Act, he shall be entitled to severance pay on the basis of one (1) week's pay for each completed year of continuous employment up to a maximum of twenty-eight (28) weeks.

(e) 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, he shall be entitled to severance pay on the basis of one (1) week's pay for each completed year of continuous employment.

22.02 Severance Pay on Death

If an employee dies, there shall be paid to his estate an amount determined in accordance with paragraph 22.01(b) regardless of any other benefit payable.

22.03 General

(a) 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 had already been granted severance pay, retiring leave, rehabilitation leave or a cash gratuity in lieu thereof by the Public Service, a Federal Crown Corporation, the Canadian Forces or the Royal Canadian Mounted Police.

(b) Except as otherwise specified in this Agreement periods of leave without pay in excess of three (3) months shall not be counted as continuous employment for the purpose of calculating severance pay.

(c) In this article "pay" means the rate of pay of the employee's substantive position.

(d) Notwithstanding paragraph 22.03(c), where an employee has been in an acting position for more than two (2) years at the time of severance, the rate of pay used to determine the employee's severance pay is the employee's acting rate of pay.

(e) Under no circumstances shall the maximum severance pay provided under this article be pyramided.

ARTICLE 23
EMPLOYEE PERFORMANCE REVIEW
AND EMPLOYEE FILES

23.01

(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 him at that time. An employee's signature on his assessment form will be considered to be an indication only that its contents have been read and shall not indicate his 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.

23.02 Upon request, an employee shall be granted access to his personal file at least once a year, in the presence of an authorized representative of the Employer.

ARTICLE 24
SUSPENSION AND DISCIPLINE

24.01 When an employee is suspended from duty, the Employer shall provide the reason for the suspension in writing and shall endeavour to do so at the time of the suspension.

24.02 The Employer shall notify the Association as soon as possible that such suspension has occurred.

24.03 When an employee is required to attend a meeting, the purpose of which is to render a disciplinary decision concerning him, the employee is entitled to have, at his request, a representative of the Association attend the meeting. Where practicable, the employee shall receive a minimum of one (1) day's notice of such a meeting.

24.04 The Employer agrees not to introduce as evidence at a hearing relating to disciplinary action any document from the employee's file the content of which was not made known to the employee at the time it was placed on his file or within a reasonable time thereafter.

24.05 Any document relating to disciplinary action that is placed on the Personnel file of an employee shall be destroyed after two (2) years have elapsed since the disciplinary action was taken, provided that no other disciplinary action has been recorded during this period.

ARTICLE 25
HEALTH AND SAFETY

25.01 The Employer shall continue to make all reasonable provisions for the occupational safety and health of employees and agrees to correct within a reasonable delay any situation which can be detrimental to their health or safety. The Employer will welcome suggestions on the subject from the Association and the parties undertake to consult with a view to adopting and expeditiously carrying out reasonable procedures and techniques designed or intended to prevent or reduce the risk of employment injury.

25.02

(a) An interpreter may be relieved by the unit head of any interpretation work when the technical equipment or the facilities do not meet the minimum standards of the Canadian General Standards Board.

(b) The Employer shall make a headset available to the interpreter without cost.

ARTICLE 26
WORK AREAS

**
The Employer shall undertake to consult in the spirit of clauses 31.02, 31.03 and 31.04 of this collective agreement the Association's head office as soon as possible and throughout the process prior to finalizing plans to move or rearrange work areas, to familiarize himself with the employees' concerns.

ARTICLE 27
REFERENCE MATERIAL

27.01 The Employer agrees that employees shall have access to all publications or other documentation considered necessary to their work by the Employer.

27.02 Where operational requirements permit, the Employer shall allow interpreters prior familiarization with the subject matter and nature of the meeting to which they are assigned, by obtaining from organizers any necessary reference material and by arranging for appropriate information and briefing sessions. The Employer shall give interpreters the opportunity to prepare effectively for their duties by assigning them to reference work whenever necessary.

ARTICLE 28
WORKING LANGUAGES
OF INTERPRETERS

Considering that skill to work both from English to French and from French to English meets the standards of the Translation Bureau, the Employer shall not require knowledge of a third language from interpreters recruited for work in both official languages of Canada.

ARTICLE 29
DISPUTE RESOLUTION

The Employer and the Association are agreed that it is appropriate, as often as possible, to resolve disputes at the level where they occur without necessarily invoking the filing of a grievance, with the participation of the employee and a representative of the Employer, and preferably at the lowest possible level of management. Accordingly, and subject to agreement between the employee and the Employer's representative, an alternative dispute resolution process, characterized by open co-operation, frank exchanges of views and a quest for innovative solutions, may be used.

The employee and the Employer's representative may decide to seek the co-operation of a neutral third party not associated with the dispute. The role of this third party will be to attempt to reconcile the parties, promote open and full discussion and identify solutions that satisfy both parties. Paragraph 30.02 shall apply throughout the alternative dispute resolution process.

ARTICLE 30
GRIEVANCE PROCEDURE

30.01 Presentation

(a) Subject to and as provided in Section 91 of the Public Service Staff Relations Act, an employee who feels that he has been treated unjustly or considers himself aggrieved by an action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in paragraph (b), except that:

(i) where there is another administrative procedure provided by or under any Act of Parliament to deal with his specific complaint such procedure must be followed,

and

(ii) where the grievance relates to the interpretation or application of this Collective Agreement or an arbitral award, he is not entitled to present the grievance unless he has the approval of and is represented by the Association.

(b) An employee who wishes to present a grievance at any prescribed step in the grievance procedure, shall transmit this grievance to his immediate supervisor or local officer-in-charge who shall forthwith:

(i) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate step,

and

(ii) provide the employee with a receipt stating the date on which the grievance was received by him.

(c) A grievance of an employee shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer.

30.02 Right to Representation

(a) If he so desires an employee may be assisted and/or represented by the Association when presenting a grievance at any step.

(b) The Association shall have the right to consult with the Employer with respect to a grievance at each or any step of the grievance procedure.

30.03 Steps in the Procedure

(a) There shall be no more than four (4) steps in the grievance procedure. These steps shall be as follows:

(i) Step 1 - first (1st) level of management.

(ii) Step 2 - (and three (3) in departments or agencies where such a step is established) - one (1) (or two (2)) intermediate step(s).

(iii) Final Step - Deputy Head or his authorized representative.

(b)

(i) The Employer shall designate a representative at each step in the grievance procedure and shall inform each employee to whom the procedure applies of the name or title of the person so designated together with the name or title and address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented.

(ii) This information shall be communicated to employees by means of notices posted by the Employer in places where such notices are most likely to come to the attention of the employees to whom the grievance procedure applies, or otherwise as determined by agreement between the Employer and the Association.

30.04 Time Limits

In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated holidays shall be excluded.

(a) An employee may present a grievance to the first step of the procedure in the manner prescribed in paragraph 30.01(b), not later than the twenty-fifth (25th) day after the date:

(i) on which he is notified orally or in writing,

or

(ii) on which he first becomes aware of the action or circumstances giving rise to grievance.

(b) An employee may present a grievance at each succeeding step in the grievance procedure beyond the first step either:

(i) where the decision or settlement is not satisfactory to him, within ten (10) days after that decision or settlement has been conveyed in writing to him by the Employer,

or

(ii) where the Employer has not conveyed a decision to him within the time prescribed in paragraph 30.04(c), within fifteen (15) days after he presented the grievance at the previous step.

(c) The Employer shall normally reply to an employee's grievance at any step of the grievance procedure, except the Final Step, within ten (10) days after the grievance is presented, and within twenty (20) days where the grievance is presented at the Final Step.

(d) Any employee who fails to present a grievance to the next higher step within the prescribed time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond his control, he was unable to comply with the prescribed time limits.

(e) The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Association representative, except as provided in clause 30.06.

30.05 Grievance by Mail

(a) Where the provisions of paragraph 30.01(b) cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is delivered to the appropriate office of the department or agency concerned.

(b) The Employer shall be deemed to have delivered a reply at any step on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his grievance at the next higher step shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.

30.06 Grievance on Discharge

Where the Employer discharges an employee, the grievance procedure set forth in this Agreement shall apply except that:

(a) the grievance is presented at the Final Step only,

and

(b) the twenty(20)-day time limit within which the Employer is to reply at the Final Step may be extended to a maximum of forty (40) days by mutual agreement of the Employer and the appropriate representative of the Association.

30.07 Referral to Adjudication

(a) Where an employee has presented a grievance up to and including the Final Step in the grievance procedure with respect to:

(i) the interpretation or application in respect of him of a provision of this Collective Agreement or a related arbitral award,

or

(ii) disciplinary action resulting in discharge, suspension or a financial penalty,

and his grievance has not been dealt with to his satisfaction, he may refer the grievance to adjudication in accordance with the provisions of the Public Service Staff Relations Act and Regulations.

(b) Where a grievance that may be presented by an employee to adjudication is a grievance relating to the interpretation or application in respect of him of a provision of this Agreement or an arbitral award, the employee is not entitled to refer the grievance to adjudication unless the Association signifies in the prescribed manner:

(i) its approval of the reference of the grievance to adjudication,

and

(ii) its willingness to represent the employee in the adjudication proceedings.

30.08 National Joint Council Grievance

In cases of alleged misinterpretation or misapplication arising out of agreements concluded by the National Joint Council (NJC) of the Public Service on items which may be included in a collective agreement and which the parties to this agreement have endorsed, the grievance procedure will be in accordance with Section 14 of the NJC By-Laws.

30.09 General

(a) Where an employee has been represented by the Association in the presentation of his grievance, the Employer will provide the appropriate representative of the Association with a copy of the Employer's decision at each step of the grievance procedure at the same time that the Employer's decision is conveyed to the employee.

(b) Where it appears that the nature of the grievance is such that a decision cannot be given below a particular step of the grievance procedure, any or all the steps except the Final Step may be eliminated by agreement of the Employer and the employee, and, where applicable, the Association.

(c) Where a grievance has been presented up to and including the final level in the grievance process, and the grievance is not one that may be referred to adjudication, the decision on the grievance taken at the final level in the grievance process is final and binding and no further action may be taken under the Public Service Staff Relations Act.

(d) An employee may by written notice to his immediate supervisor or officer-in-charge abandon a grievance.

(e) No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an employee to abandon his grievance or refrain from exercising his right to present a grievance, as provided in this Collective Agreement.

ARTICLE 31
CONSULTATION

31.01 The parties acknowledge the mutual benefits to be derived from joint consultation and are prepared to consult on matters of common interest upon request from either party, for example contemplated changes in conditions of employment or working conditions not governed by this Agreement, without prejudice to the position the Employer or the Association may wish to take in the future as to the desirability of having those subjects dealt with through provisions in collective agreements. The parties may also consult on other issues, by mutual consent.

31.02 The parties recognize moreover that consultation affords them an opportunity to better understand their respective interests, as well as the decisions and positions each will come to following their discussions.

31.03 To be efficient, consultation must take place as soon as possible before the final decision is made; as much as possible, it must begin as soon as an issue is raised or a problem arises and before parties start formulating their conclusions. It must continue at each stage of the process.

31.04 Parties in a consultation process listen with an open mind and discuss substantively the issues raised during consultation. When a party comes to a decision on an issue that was subject to consultation, it informs the other party of its decision and of the underlying reasons before making it public.

ARTICLE 32
TRAINING AND DEVELOPMENT

32.01 The parties acknowledge the contribution of training to the development of individual and organizational capacity.

32.02 The Employer shall consult the Association's head office at the beginning of the fiscal year on implementation of the training policy during that year.

32.03 The Employer shall consult each employee once a year regarding his training needs.

ARTICLE 33
TECHNOLOGICAL CHANGE

33.01 Both parties recognize the overall advantages of technological change. Both parties will, therefore, encourage and promote technological change and improvements in the field of translation, interpretation and terminology.

33.02 The Employer agrees to provide as much advance notice as is practicable but not less than three (3) months' notice to the Association's head office of any major technological change in equipment which would result in significant changes in the employment status or working conditions of employees. In addition, the Employer agrees to consult with the Association's head office with a view to resolving problems which may arise as a result of the introduction of such technological change.

ARTICLE 34
PART-TIME EMPLOYEES

34.01 General

(a) Part-time employees shall be entitled to the benefits provided under this agreement in the same proportion as their normal scheduled weekly hours of work compare with the normal weekly hours of work of full-time employees, unless otherwise specified.

(b) Notwithstanding paragraph 34.01(a), there shall be no prorating of a "day" in clause 21.02, Bereavement Leave.

(c) Part-time employees shall be paid at the straight-time hourly rate of pay for all work performed up to seven and one-half (7 1/2) hours in a day or thirty-seven and one-half (37 1/2) hours in a week.

**
(d) Except in cases of emergency, call-back, or mutual agreement, the Employer shall, wherever possible, give at least twelve (12) hours' notice of any requirement for the part-time employee to work on a day which is not part of his normal scheduled weekly hours of work.

(e) The days of rest provisions of this collective agreement apply only in a week when a part-time employee has worked five (5) days and a minimum of thirty-seven and one-half (37 1/2) hours in a week at the straight-time hourly rate of pay.

(f) Leave will only be provided:

(i) during those periods in which employees are scheduled to perform their duties;

or

(ii) where it may displace other leave as prescribed by this Agreement.

34.02 Designated Holidays

(a) A part-time employee shall not be paid for the designated holidays but shall, instead, receive a four point two five per cent (4.25%) allowance for all straight-time hours worked during the period of part-time employment.

(b) When a part-time employee is required to work on a designated holiday he shall be paid according to the provisions of clause 13.05 for all the hours worked on the holiday.

34.03 Overtime

(a) "Overtime" means authorized work performed in excess of seven and one-half (7 1/2) hours a day or thirty-seven and one-half (37 1/2) hours a week but does not include time worked on a holiday.

(b) A part-time employee who is required to work overtime shall according to the provisions of this article and of clauses 13.03 and 13.04. The provisions of clause 13.10 shall apply.

34.04 Annual Leave

A part-time employee shall earn annual 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 work week, at the rate for years of employment established in paragraph 18.01(a), prorated and calculated as follows:

(a) when the entitlement is nine decimal three seven five (9.375) hours a month, .250 multiplied by the number of hours in the employee's work week per month;

(b) when the entitlement is twelve decimal five (12.5) hours a month, .333 multiplied by the number of the hours in the employee's work week per month;

(c) when the entitlement is thirteen decimal seven five (13.75) hours a month, .367 multiplied by the number of hours in the employee's work week per month;

(d) when the entitlement is fourteen decimal three seven five (14.375) hours a month, .383 multiplied by the number of hours in the employee's work week per month;

(e) when the entitlement is fifteen decimal six two five (15.625) hours a month, .417 multiplied by the number of hours in employee's work week per month;

(f) when the entitlement is sixteen decimal eight seven five (16.875) hours a month, .450 multiplied by the number of hours in the employee's workweek per month;

**
(g) when the entitlement is eighteen decimal seven five (18.75) hours a month, .500 multiplied by the number of hours in the employee's workweek per month.

34.05 Sick Leave

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 work week 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 work week.

34.06 Annual and Sick Leave Administration

(a) For the purposes of administration of clauses 34.04 and 34.05, where an employee does not work the same number of hours each week, the normal work week shall be the weekly average 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 annual or sick leave credits in excess of the entitlement of a full-time employee.

34.07 Severance Pay

To establish the period of continuous employment eligible for severance pay part-time periods shall be consolidated to equivalent full-time. The equivalent full-time period in years, including a fraction, shall be used the calculation of severance pay.

ARTICLE 35
ILLEGAL STRIKES

An employee who takes part in an illegal strike as defined in the Public Service Staff Relations Act is liable to the penalties provided for in the said Act and to disciplinary action up to and including termination of employment pursuant to the provisions of Section 11(2)(f) of the Financial Administration Act.

ARTICLE 36
NATIONAL JOINT COUNCIL (NJC) AGREEMENTS

Agreements concluded by the National Joint Council of the Public Service on items which may be included in a collective agreement, and which the parties to this agreement have endorsed after 6 December 1978 will form part of this agreement, subject to the Public Service Staff Relations Act (PSSRA) and any legislation by Parliament that has been or may be, as the case may be, established pursuant to any Act specified in Schedule II of the PSSRA.

NJC items which may be included in a collective agreement are those items which the parties to the NJC agreements have designated as such and are listed in the Appendix "E" of the NJC Memorandum of Understanding which took effect as of 5 May 1994.

The following directives, policies or regulations, as amended from time to time by National Joint Council recommendation and which have been approved by the Treasury Board of Canada Secretariat, form part of the collective agreement.

**
(1) Foreign Service Directives

(2) Travel Directive

(3) Isolated Posts Directive

(4) Living Accommodation Charges Directive

(5) Memorandum of Understanding on the Definition of Spouse

(6) Relocation Directive

(7) Commuting Assistance Directive

(8) Bilingualism Bonus Directive

(9) Work Force Adjustment Directive

(10) Public Service Health Care Plan Directive

(11) Uniforms Directive

Occupational Safety and Health

(12) Boilers and Pressure Vessels Directive

(13) Dangerous Substances Directive

(14) Electrical Safety and Health Standard

(15) Elevating Devices Directive

(16) First Aid Safety and Health Standard

(17) First Aid to General Public - Allowance for Employees

(18) Tools and Machinery Safety and Health Standard

(19) Hazardous Confined Spaces Directive

(20) Materials Handling Directive

(21) Motor Vehicle Operations Directive

(22) Noise Control and Hearing Conservation Directive

(23) Personal Protective Equipment and Clothing Directive

(24) Pesticides Directive

(25) Elevated Work Structures Safety Standard

(26) Use and Occupancy of Buildings

(27) Sanitation Safety and Health Standard

(28) Refusal to Work Directive.

During the term of this Collective Agreement, other directives, policies or regulations may be added to the above noted list.

Grievances in regard to the above directives, policies or regulations shall be filed in accordance with clause 30.08 of this Collective Agreement.

ARTICLE 37
EMPLOYEES ON THE PREMISES OF OTHER EMPLOYERS

37.01 If employees are prevented for performing their duties because of a strike or a lock-out on the premises of another employer, the employees shall report the matter to the Employer and the Employer will make every reasonable efforts to ensure that such employees are employed elsewhere, so that they shall receive their regular pay and benefits to which they would normally be entitled.

**ARTICLE 38
PROFESSIONNAL FEES

38.01 Upon receipt of proof of payment, the Employer shall reimburse the employee up to six hundred dollars ($600) for the annual dues payable to one (1) of the professional association members of the Canadian Translators, Terminologists and Interpreters Council when the payment of such dues is required for the performance of the duties of that employee's position.

38.02 If payment of said dues is not required for the performance of the duties of that employee's position, but eligibility for the professional status conferred by one (1) of these associations constitutes a qualification under the selection and evaluation standards for the Translation Group, the Employer shall reimburse the employee for the annual dues paid, up to the amount set in 38.01.

ARTICLE 39
TERM OF AGREEMENT

**
39.01 The duration of this Collective Agreement shall be from the date it is signed to 18 April 2005.

39.02 Unless otherwise expressly stipulated, this Collective Agreement shall become effective on the date it is signed.

39.03 The present Agreement may be amended by mutual agreement.

SIGNED AT OTTAWA, this 23rd day of the month of February 2004.

THE TREASURY BOARD
OF
CANADA
  THE CANADIAN
ASSOCIATION OF
PROFESSIONAL
EMPLOYEES
First Signature Page - TR Agreement
THE TREASURY BOARD
OF
CANADA
  THE CANADIAN
ASSOCIATION OF
PROFESSIONAL
EMPLOYEES
Second Signature Page - TR Agreement

 

 
Previous Table of Contents Next