Financial Management (FI) 304 - in force from October 16, 2000 to November 6, 2001 (Archived)

Agreement - Financial Management - List of Changes

List of Changes to the Agreement
Between the Treasury Board and The Association of 
Public Service Financial Administrators in force from October 16, 2000 to 
November 6, 2001

PART I - GENERAL

ARTICLE 1
PREAMBLE

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1.02 The Employer recognises the Association as the exclusive bargaining agent for all employees described in the certificate issued by the Public Service Staff Relations Board on June 3, 1999, covering employees of the Financial Management Group (FI).

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1.03 The parties to this Agreement share a desire to improve the quality of financial management within the Public Service of Canada, to maintain and enhance professional standards, and to promote the well-being and increased efficiency of its employees to the end that the people of Canada will be well served.

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1.04 The parties acknowledge the mutual benefits to be derived from joint consultation on matters of professional development and community interests.

ARTICLE 2
INTERPRETATION AND DEFINITIONS

2.01 For the purpose of this Agreement:

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"bargaining unit" means the employees of the Employer in the Financial Management Group as described in the certificate issued by the Public Service Staff Relations Board on the 3^rd day of June 1999 (unité de négociation),

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a "common-law spouse" relationship exists when, for a continuous period of at least one (1) year, an employee has lived with a person, publicly represented that person to be his spouse and continues to live with the person as if that person were his spouse (conjoint de fait),

PART II - STAFF RELATIONS MATTERS

ARTICLE 9
INFORMATION

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9.02 The Employer agrees to supply each employee with a copy of this Agreement and any amendments thereto. For the purpose of satisfying the Employer's obligation under this clause, employees may be given electronic access to this Agreement. Where electronic access to the Agreement is unavailable or impractical, the employee shall be supplied, on request, with a printed copy of the Agreement.

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9.03 The Employer agrees to distribute to each new employee an information package prepared and supplied by the Association. Such information package and any amendments thereto shall require the prior approval of the Employer. The Employer shall have the right to refuse to distribute any information that it considers adverse to its interests or to the interests of any of its representatives.

ARTICLE 10
EMPLOYEES ON PREMISES OF OTHER EMPLOYERS

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10.01 If employees are prevented from performing their duties because of a strike or lock-out on the premises of another employer, the employees shall report the matter to the Employer, and the Employer will make 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 14
SUSPENSION AND DISCIPLINE

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14.06 Where written departmental standards of discipline are developed or amended, the Employer agrees to supply sufficient information on the standards of discipline to the Association.

**ARTICLE 16
JOINT CONSULTATION

16.01 Upon request of either party, the parties to this Agreement shall consult meaningfully at the appropriate level about contemplated changes in conditions of employment or working conditions not governed by this Agreement.

16.02 Without prejudice to the position the Employer or the Association may wish to take in future about the desirability of having the subjects dealt with by the provisions of collective agreements, the subjects that may be determined as appropriate for joint consultation will be by agreement of the parties.

16.03 Within five (5) days of notification of consultation served by either party, the Association shall notify the Employer in writing of the representatives authorized to act on behalf of the Association for consultation purposes.

PART III - WORKING CONDITIONS

ARTICLE 19
OVERTIME

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19.02 Overtime Compensation on a Normal Work Day

Subject to clause 19.04, an employee who is required to work overtime on her normal work days is entitled to compensation at the rate of one point five (1.5) times her hourly rate of pay for the first seven and one-half (7.5) overtime hours worked and double (2) time thereafter.

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19.07 Meals

(a) An employee who works three (3) or more hours of overtime immediately before or immediately following his normal hours of work shall be reimbursed his expenses for one meal in the amount of nine dollars ($9.00) except where free meals are provided.

(b) When an employee works overtime continuously extending four (4) hours or more beyond the period provided in paragraph (a), the employee shall be reimbursed for one additional meal in the amount of seven dollars ($7.00), except where free meals are provided.

(c) Reasonable time with pay, to be determined by the Employer, shall be allowed the employee in order that he may take a meal break either at or adjacent to his place of work.

(d) Meal allowances under this clause shall not apply to an employee who is in travel status which entitles him to claim expenses for lodging and/or meals.

ARTICLE 21
STANDBY

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21.01 When the Employer requires an employee to be available on standby during off-duty hours, such employee shall be compensated at the rate of one-half (1/2) hour for each four (4) hour period or portion thereof for which the employee has been designated as being on standby duty.

**ARTICLE 23
RELIGIOUS OBSERVANCE

23.01 The Employer shall make every reasonable effort to accommodate an employee who requests time off to fulfill his or her religious obligations.

23.02 Employees may, in accordance with the provisions of this Agreement, request annual leave, compensatory leave, leave without pay for other reasons in order to fulfill their religious obligations.

23.03 Notwithstanding clause 23.02, at the request of the employee and at the discretion of the Employer, time off with pay may be granted to the employee in order to fulfill his or her religious obligations. The number of hours with pay so granted must be made up hour for hour within a period of six (6) months, at times agreed to by the Employer. Hours worked as a result of time off granted under this clause shall not be compensated nor should they result in any additional payments by the Employer.

23.04 An employee who intends to request leave or time off under this Article must give notice to the Employer as far in advance as possible but no later than four (4) weeks before the requested period of absence.

ARTICLE 24
TRAVELLING TIME

24.04 If an employee is required to travel as set forth in clauses 24.02 and 24.03:

(b) on a normal working day on which she travels and works, she shall be paid:

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(c) on a day of rest or on a designated paid holiday, she shall be paid at the applicable overtime rate for hours travelled to a maximum of twelve (12) hours' pay at the straight-time rate of pay.

ARTICLE 25
SEVERANCE PAY

25.01 Under the following circumstances and subject to clause 25.02, an employee shall receive severance benefits calculated on the basis of his weekly rate of pay:

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(a) Lay-off

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(c) Rejection on Probation

On rejection on probation, when an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of rejection during a probationary period, one (1) week's pay.

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25.02 The period of continuous employment used in the calculation of severance benefits payable to an employee under this Article shall be reduced by any period of continuous employment in respect of which the employee was already granted any type of termination benefit. Under no circumstances shall the maximum severance pay provided under clause 25.01 above be pyramided.

ARTICLE 27
PART-TIME EMPLOYEES

Vacation Leave

27.14 A part-time employee shall earn vacation leave credits for each month in which he receives pay for at least twice (2) the number of hours in his normal workweek, at the rate for years of employment established in clause 29.02, prorated and calculated as follows:

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(c) when the entitlement is fourteen point three seven five (14.375) hours a month, zero point three eight three (0.383) of the hours in his workweek per month;

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(e) when the entitlement is seventeen point five (17.5) hours a month, zero point four six six (0.466) of the hours in his workweek per month;

PART IV - LEAVE

ARTICLE 28
LEAVE GENERAL

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28.02 Except as otherwise specified in this Agreement, where leave without pay for a period in excess of three (3) months is granted to an employee for reasons other than illness, the total period of leave granted shall be deducted from "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave shall not be counted for pay increment purposes.

ARTICLE 29
VACATION LEAVE WITH PAY

29.02 Accumulation of Vacation Leave Credits

An employee shall earn vacation leave credits at the following rate for each calendar month during which he receives pay for at least seventy-five (75) hours:

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(c) fourteen point three seven five (14.375) hours, commencing with the month in which his seventeenth (17^th) anniversary of service occurs;

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(d) fifteen point six two five (15.625) hours, commencing with the month in which his eighteenth (18^th) anniversary of service occurs;

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(e) seventeen point five (17.5) hours, commencing with the month in which his twenty-eighth (28^th) anniversary of service occurs;

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(g) however, an employee who is entitled to or who has received furlough leave, shall have the vacation leave credits earned under this Article, reduced by three point one two five (3.125) hours per month from the beginning of the month in which he completes his twentieth (20^th) year of service until the beginning of the month in which he completes his twenty-fifth (25^th) year of service;

Scheduling of Vacation Leave With Pay

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29.07

(a) Where in any vacation year all of the vacation leave credited to an employee has not been scheduled, upon request, he may carry over into the following vacation year up to a maximum of two hundred and sixty-two point five (262.5) hours credit. All vacation leave credits in excess of two hundred and sixty-two point five (262.5) hours will be paid in cash at his daily rate of pay as calculated from the classification prescribed in his certificate of appointment of his substantive position on the last day of the vacation year.

(b) During any vacation year, upon application by the employee and at the discretion of the Employer, earned but unused vacation leave credits in excess of one hundred and twelve point five (112.5) hours may be paid in cash at the employee's daily rate of pay as calculated from the classification prescribed in his certificate of appointment of his substantive position on March 31^st of the previous vacation year.

29.13 Cancellation of Vacation Leave

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(b) When the Employer cancels or alters a period of vacation or furlough leave which it has previously approved in writing, the Employer shall reimburse the employee for the non-returnable portion of vacation contracts and reservations made by him in respect of that period, subject to the presentation of such documentation as the Employer may require. The employee must make every reasonable attempt to mitigate any losses incurred and will provide proof of such action, when available, to the Employer.

ARTICLE 30
SICK LEAVE WITH PAY

Granting of Sick Leave

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30.04 Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provision of clause 30.02 above, sick leave with pay may, at the discretion of the Employer, be granted to an employee for a period of up to one hundred and eighty-seven point five (187.5) hours, subject to the deduction of such advanced leave from any sick leave credits subsequently earned and, in the event of termination of employment for other than death or lay-off, the recovery of the advance from any monies owed the employee.

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30.07 Sick leave credits earned but unused by an employee during a previous period of employment in the Public Service shall be restored to an employee whose employment was terminated by reason of lay off and who is reappointed in the Public Service within two (2) years from the date of lay off.

**ARTICLE 31
MEDICAL APPOINTMENT FOR PREGNANT EMPLOYEES

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

31.02 Where a series of continuing appointments are necessary for the treatment of a particular condition relating to the pregnancy, absences shall be charged to sick leave.

ARTICLE 33
MATERNITY LEAVE WITHOUT PAY

33.01 Maternity Leave without Pay

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(b) Notwithstanding paragraph (a):

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.

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

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(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.

33.02 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 paragraph (c) to (j), provided that she:

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(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).

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(d) At the employee's request, the payment referred to in subparagraph 33.02(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance pregnancy benefits.

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33.04 Transitional Provisions

If, on the date of signature of this Agreement, an employee is currently on maternity leave without pay or has requested a period of maternity leave but has not commenced the leave, she shall upon request be entitled to the provisions of this Article. Any application must be received before the termination date of the leave period originally requested.

**ARTICLE 34
MATERNITY-RELATED REASSIGNMENT OR LEAVE

34.01 An employee who is pregnant or nursing may, during the period from the beginning of pregnancy to the end of the twenty-fourth (24^th) 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.

34.02 An employee's request under clause 34.01 above 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.

34.03 An employee who has made a request under clause 34.01 above is entitled to continue in her current job while the Employer examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to be immediately assigned alternative duties until such time as the Employer:

(a) modifies her job functions or reassigns her,

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

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

34.05 Where the Employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the Employer shall so inform the employee in writing and shall grant leave of absence without pay to the employee for the duration of the risk as indicated in the medical certificate. However, such leave shall end no later than twenty-four (24) weeks after the birth.

34.06 An employee whose job functions have been modified, who has been reassigned or who is on leave of absence shall give at least two (2) weeks notice in writing to the Employer of any change in duration of the risk or the inability as indicated in the medical certificate, unless there is a valid reason why that notice cannot be given. Such notice must be accompanied by a new medical certificate.

ARTICLE 35
PARENTAL LEAVE WITHOUT PAY

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35.01 Parental Leave Without Pay

(a) Where an employee has or will have the actual care and custody of a new-born child (including the new-born child of a common-law spouse), 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):

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 spouse), or the date the child is expected to come into the employee's care pursuant to paragraphs (a) and (b).

(e) The Employer may:

(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.

35.02 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 paragraphs (c) to (j), providing he or she:

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(d) At the employee's request, the payment referred to in subparagraph 35.02(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI parental benefits.

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35.04 Transitional Provisions

If, on the date of signature of this Agreement, any employee is currently on parental leave without pay or has requested a period of such leave without pay but has not commenced the leave, he or she shall upon request be entitled to the provisions of this Article. Any application must be received before the termination date of the leave period originally requested.

ARTICLE 36
LEAVE WITHOUT PAY FOR THE CARE AND
NURTURING OF PRE-SCHOOL AGE CHILDREN

36.01 Subject to operational requirements, an employee shall be granted leave without pay for the personal care and nurturing her pre-school age children in accordance with the following conditions:

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(b) leave granted under this Article shall be for a minimum period of three (3) weeks;

ARTICLE 37
LEAVE WITH PAY FOR
FAMILY-RELATED RESPONSIBILITIES

37.03 Subject to clause 37.02, an employee shall be granted leave with pay under the following circumstances:

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(a) up to seven point five (7.5) hours for a medical or dental appointment when his dependent family member is incapable of attending the appointment by himself, or for appointments with appropriate authorities in schools or adoption agencies, if

ARTICLE 38
LEAVE WITHOUT PAY FOR
THE LONG-TERM CARE OF A PARENT
AND OTHER FAMILY-RELATED NEEDS

38.01 Subject to operational requirements as determined by the Employer, an employee may be granted leave without pay for family-related needs, in accordance with the following conditions:

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(a) Up to five (5) years of leave without pay during her total period of employment in the Public Service may be granted for the long-term personal care of her parents, including step-parents or foster parents. Leave granted under this paragraph shall be for a minimum period of three (3) weeks.

ARTICLE 41
BEREAVEMENT LEAVE WITH PAY

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

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41.02 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 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 him. In addition, the employee may be granted up to three (3) days' leave with pay for the purpose of travel related to the death.

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41.04 If, during a period of sick leave, vacation leave or compensatory leave, an employee is bereaved in circumstances under which he would have been eligible for bereavement leave with pay under clauses 41.02 and 41.03, he 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.

ARTICLE 43
PERSONNEL SELECTION LEAVE

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43.01 Where an employee participates in a personnel selection process, including the appeal process where applicable, for a position in the Public Service, as defined in the Public Service Staff Relations Act, he is entitled to leave with pay for the period during which his presence is required for purposes of the selection process, and for such further period as the Employer considers reasonable for him to travel to and from the place where his presence is so required. This clause applies equally in respect of the personnel selection processes related to deployment.

ARTICLE 44
DEVELOPMENT LEAVE

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44.04 Career Development Leave

(a) Subject to operational requirements and unless specified by the Employer as being in an area that could represent a conflict of interest, leave without pay for a period not exceeding one (1) year will be granted to an employee who wants to work in the private sector, if such opportunity could help the employee in filling her present role more adequately or help her to provide a service which the Employer requires.

(b) An employee is entitled to leave without pay for career development only once during the employee's total period of employment in the Public Service.

PART V - OTHER TERMS AND CONDITIONS OF EMPLOYMENT

ARTICLE 52
NATIONAL JOINT COUNCIL AGREEMENTS

52.03

(a) 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, form part of this Agreement:

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Public Service Health Care Plan Directive;

**ARTICLE 54
PROFESSIONAL ALLOWANCE

54.01 The Association and the Employer have agreed to provide for a professional allowance to be paid in accordance with the following conditions.

54.02 The Employer shall reimburse an employee her annual membership fees paid to either the Institute of Chartered Accountants (CA), the Society of Management Accountants (CMA) or the Association of Certified General Accountants (CGA), when the payment of such fees is a requirement for the continuation of the performance of the duties of her position.

54.03 When the payment of such fees is not a requirement for the continuation of the performance of the duties of an employee's position, but eligibility for a professional accounting designation from one of these associations is a qualification specified in the Standards for Selection and Assessment for the Financial Management Group, the Employer shall reimburse the employee for her annual membership fees paid to one of the associations referred to in clause 54.02 to a maximum of $800.

54.04 Effective January 1, 2001, upon receipt of proof of payment, the reimbursement will commence with fees that become due and are paid following that date. Reimbursement covered by this Article does not include arrears of previous years' dues.

54.05 Membership dues referred to in Article 8, Check-Off, of this Agreement are specifically excluded as reimbursable fees under this Article.

PART VI - PAY AND DURATION

ARTICLE 56
ACTING PAY

56.01

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(a) When an employee is required by the Employer to substantially perform the duties of a higher classification level in an acting capacity and performs those duties for at least five (5) consecutive working days, she shall be paid acting pay calculated from the date on which she commenced to act as if she had been appointed to that higher classification level for the period in which she acts.

ARTICLE 58
DURATION

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58.01 The duration of this Agreement shall be from the date it is signed to November 6, 2001.

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58.03 The provisions of this Agreement shall be implemented by the parties within a period of one hundred and twenty (120) days from the date of signing.

**APPENDIX "A"

FI - FINANCIAL MANAGEMENT
ANNUAL RATES OF PAY
in dollars)

A) Effective November 7, 1999
B) Effective November 7, 2000

PAY NOTES

II. PAY ADJUSTMENT (FI-DEV.)

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(1) An employee being paid in the Financial Management Development range shall have his rate of pay increased on: