Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between
the Employer, the Alliance and the employees and to set forth herein certain terms and conditions of employment
including rates of pay upon which agreement has been reached through collective bargaining for all employees described
in the certificate issued by the Public Service Staff Relations Board on June 7, 1999 covering employees in the
Education and Library Science Group.
1.02 The parties to this Agreement share a desire to improve the quality of the Public Service of Canada and
to promote the well-being and increased efficiency of its employees to the end that the people of Canada will be well
and efficiently served. Accordingly, they are determined to establish, within the framework provided by law, an
effective working relationship at all levels of the Public Service in which members of the bargaining unit are
employed.
2.01 For the purpose of this Agreement:
"Alliance" means the Public Service Alliance of Canada (Alliance);
"allowance" means compensation payable for the performance of special or additional duties (indemnité);
"bargaining unit" means the employees of the Employer in the Group described in Article 7 (unité de
négociation);
"common-law spouse" 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/her spouse and continues to live
with the person as if that person were his/her spouse (conjoint de fait);
"compensatory leave" means leave with pay in lieu of cash payment for overtime, work performed on a
designated holiday, travelling time compensated at overtime rate, call-back and reporting pay. The duration of such
leave will be equal to the time compensated or the minimum time entitlement multiplied by the applicable overtime rate.
The rate of pay to which an employee is entitled during such leave shall be based on the employee's hourly rate of pay
as calculated from the classification prescribed in the employee's certificate of appointment on the day immediately
prior to the day on which leave is taken (congé compensateur);
"continuous employment" has the same meaning as specified in the existing Public Service Terms and
Conditions of Employment Regulations of the Employer on the date of signing of this Agreement (emploi continu);
"daily rate of pay" (taux de rémunération journalier) means:
(a) an employee's weekly rate of pay divided by five (5);
(b) in the case of an employee of the Education (ED) group working a school year, as defined in clause 45.01, the
employee's annual rate of pay, plus allowances (if any) divided by the number of working days designated by the
province, territory or provincial school unit within which geographical area the teacher is working
"day of rest" in relation to a full-time employee means a day other than a holiday on which that employee is
not ordinarily required to perform the duties of his or her position other than by reason of the employee being on
leave or absent from duty without permission (jour de repos);
"double time" means two (2) times the employee's hourly rate of pay (tarif double);
"employee" means a person so defined in the Public Service Staff Relations Act, and who is a member of
the bargaining unit specified in Article 7 (employé-e);
"Employer" means Her Majesty in right of Canada as represented by the Treasury Board, and includes any person
authorized to exercise the authority of the Treasury Board (Employeur);
"headquarters area" has the same meaning as given to the expression in the Travel Directive (zone
d'affectation);
"holiday" (jour férié) means:
(a) the twenty-four (24)-hour period commencing at 00:01 hours of a day designated as a paid holiday in this
Agreement;
(b) however, for the purpose of administration of a shift that does not commence and end on the same day, such shift
shall be deemed to have been entirely worked:
(i) on the day it commenced where half (1/2) or more of the hours worked fall on that day,
or
(ii) on the day it terminates where more than half (1/2) of the hours worked fall on that day;
"hourly rate of pay" means the daily rate of pay divided by seven and one-half (7 1/2) (taux de rémunération
horaire),
"lay-off" means the termination of an employee's employment because of lack of work or because of the
discontinuance of a function (mise en disponibilité);
"leave" means authorized absence from duty by an employee during his or her regular or normal hours of work
(congé);
"membership dues" means the dues established pursuant to the constitution of the Alliance as the dues payable
by its members as a consequence of their membership in the Alliance, and shall not include any initiation fee,
insurance premium, or special levy (cotisations syndicales);
"overtime" (heures supplémentaires) means:
(a) in the case of a full-time employee, authorized work in excess of the employee's scheduled hours of work,
or
(b) in the case of a part-time employee, authorized work in excess of the normal daily or weekly hours of work,
specified for the relevant group or sub-group, of a full-time employee, but does not include time worked on a
holiday,
or
(c) in the case of a part-time employee whose normal scheduled hours of work are in excess of the normal daily hours
of work specified for the relevant group or sub-group, in accordance with the Variable Hours article (Article 39),
authorized work in excess of those normal scheduled daily hours or in excess of the average of weekly hours of work,
specified for the relevant group or sub-group;
"physical education instructors" are employees who teach or instruct physical education and whose duties are
not eligible for inclusion in any other group (moniteurs d'éducation physique);
"spouse" will, when required, be interpreted to include "common-law spouse" except, for the purposes of the
Foreign Service Directives, the definition of "spouse" will remain as specified in Directive 2 of the Foreign Service
Directives (conjoint);
"straight-time rate" means the employee's hourly rate of pay (tarif normal);
"teacher" includes classroom teachers, senior teachers, department heads, assistant principals, principals
and, in Correctional Service of Canada, supervisors of education (professeur);
"teachers' aides" are employees who instruct in classrooms or act as kindergarden assistants, classroom
assistants and counsellor technicians (aides-enseignants);
"time and one-half" means one and one-half (1 1/2) times the employee's hourly rate of pay (tarif et
demi);
"weekly rate of pay" means an employee's annual rate of pay divided by 52.176 (taux de rémunération
hebdomadaire);
"weekly rate of pay", for the employees in the Education (ED) and Educational Support (EU) groups, means:
(a) in the case of an employee working a school year, as defined in clause 45.01, the employee's daily rate of pay
multiplied by five (5);
and
(b) in the case of an employee on a twelve (12) month work year, the employee's annual rate of pay, plus allowances
(if any) divided by fifty-two point one seven six (52.176).
2.02 Except as otherwise provided in this Agreement, expressions used in this Agreement:
(a) if defined in the Public Service Staff Relations Act, have the same meaning as given to them in the
Public Service Staff Relations Act,
and
(b) if defined in the Interpretation Act, but not defined in the Public Service Staff Relations Act,
have the same meaning as given to them in the Interpretation Act.
3.01 The provisions of this Agreement apply to the Alliance, employees and the Employer.
3.02 Both the English and French texts of this Agreement shall be official.
4.01 Nothing in this Agreement shall be construed to require the Employer to do or refrain from doing
anything contrary to any instruction, direction or regulations given or made by or on behalf of the Government of
Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.
5.01 In the event that any law passed by Parliament, applying to Public Service employees covered by this
agreement, renders null and void any provision of this Agreement, the remaining provisions of the Agreement shall
remain in effect for the term of the Agreement.
6.01 Except to the extent provided herein, this Agreement in no way restricts the authority of those charged
with managerial responsibilities in the Public Service.
7.01 The employer recognizes the Alliance as the exclusive bargaining agent for all employees of the Employer
described in the certificate issued by the Public Service Staff Relations Board on June 7, 1999 covering employees in
the Education and Library Science Group.
8.01 The Employer acknowledges the right of the Alliance to appoint or otherwise select employees as
representatives.
8.02 The Alliance and the Employer shall endeavour in consultation to determine the jurisdiction of each
representative, having regard to the plan of organization, the number and distribution of employees at the work place
and the administrative structure implied by the grievance procedure. Where the parties are unable to agree in
consultation, then any dispute shall be resolved by the grievance/adjudication procedure.
8.03 The Alliance shall notify the Employer in writing of the name and jurisdiction of its representatives
identified pursuant to clause 8.02.
8.04
(a) A representative shall obtain the permission of his or her immediate supervisor before leaving his or her work
to investigate employee complaints of an urgent nature, to meet with local management for the purpose of dealing with
grievances and to attend meetings called by management. Such permission shall not be unreasonably withheld.
Where practicable, the representative shall report back to his or her supervisor before resuming his or her normal
duties.
(b) Where practicable, when management requests the presence of an Alliance representative at a meeting, such
request will be communicated to the employee's supervisor.
(c) An employee shall not suffer any loss of pay when permitted to leave his or her work under paragraph (a).
8.05 The Alliance shall have the opportunity to have an employee representative introduced to new employees
as part of the Employer's formal orientation programs, where they exist.
**
9.01 Reasonable space on bulletin boards in convenient locations, including electronic bulletin board where
available, will be made available to the Alliance for the posting of official Alliance notices. The Alliance shall
endeavour to avoid requests for posting of notices which the Employer, acting reasonably, could consider adverse to its
interests or to the interests of any of its representatives. Posting of notices or other materials shall require the
prior approval of the Employer, except notices related to the business affairs of the Alliance, including the names of
Alliance representatives, and social and recreational events. Such approval shall not be unreasonably withheld.
9.02 The Employer will also continue its present practice of making available to the Alliance specific
locations on its premises, and where it is practical to do so on vessels, for the placement of reasonable quantities of
literature of the Alliance.
9.03 A duly accredited representative of the Alliance may be permitted access to the Employer's premises,
which includes vessels, to assist in the resolution of a complaint or grievance and to attend meetings called by
management. Permission to enter the premises shall, in each case, be obtained from the Employer. In the case of access
to vessels, the Alliance representative upon boarding any vessel must report to the Master, state his or her business
and request permission to conduct such business. It is agreed that these visits will not interfere with the sailing and
normal operation of the vessels.
9.04 The Alliance shall provide the Employer a list of such Alliance representatives and shall advise
promptly of any change made to the list.
10.01 Subject to the provisions of this Article, the Employer will, as a condition of employment, deduct an
amount equal to the monthly membership dues from the monthly pay of all employees. Where an employee does not have
sufficient earnings in respect of any month to permit deductions made under this Article, the Employer shall not be
obligated to make such deduction from subsequent salary.
10.02 The Alliance shall inform the Employer in writing of the authorized monthly deduction to be checked off
for each employee.
10.03 For the purpose of applying clause 10.01, deductions from pay for each employee in respect of each
calendar month will start with the first (1st) full calendar month of employment to the extent that earnings
are available.
10.04 An employee who satisfies the Employer to the extent that he or she declares in an affidavit that he or
she is a member of a religious organization whose doctrine prevents him or her as a matter of conscience from making
financial contributions to an employee organization and that he or she will make contributions to a charitable
organization registered pursuant to the Income Tax Act, equal to dues, shall not be subject to this Article,
provided that the affidavit submitted by the employee is countersigned by an official representative of the religious
organization involved.
10.05 No employee organization, as defined in Section 2 of the Public Service Staff Relations Act,
other than the Alliance, shall be permitted to have membership dues and/or other monies deducted by the Employer from
the pay of employees.
10.06 The amounts deducted in accordance with clause 10.01 shall be remitted to the Comptroller of the
Alliance by cheque within a reasonable period of time after deductions are made and shall be accompanied by particulars
identifying each employee and the deductions made on the employee's behalf.
10.07 The Employer agrees to continue the past practice of making deductions for other purposes on the basis
of the production of appropriate documentation.
10.08 The Alliance agrees to indemnify and save the Employer harmless against any claim or liability arising
out of the application of this Article, except for any claim or liability arising out of an error committed by the
Employer limited to the amount actually involved in the error.
11.01 The Employer agrees to supply the Alliance each quarter with the name, geographic location and
classification of each new employee.
11.02 The Employer agrees to supply each employee with a copy of this Agreement and will endeavour to do so
within one (1) month after receipt from the printer.
12.01 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.
13.01 Unless otherwise specified by the Employer as being in an area that could represent a conflict of
interest, employees shall not be restricted in engaging in other employment outside the hours they are required to work
for the Employer.
14.01 When operational requirements permit, the Employer will grant leave with pay:
(a) to an employee who makes a complaint on his or her own behalf, before the Public Service Staff Relations
Board,
and
(b) to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Alliance
making a complaint.
14.02 When operational requirements permit, the Employer will grant leave without pay:
(a) to an employee who represents the Alliance in an application for certification or in an intervention,
and
(b) to an employee who makes personal representations with respect to a certification.
14.03 The Employer will grant leave with pay:
(a) to an employee called as a witness by the Public Service Staff Relations Board,
and
(b) when operational requirements permit, to an employee called as a witness by an employee or the Alliance.
14.04 When operational requirements permit, the Employer will grant leave with pay to a reasonable number of
employees representing the Alliance before an Arbitration Board, Conciliation Board or in an Alternate Dispute
Resolution Process.
14.05 The Employer will grant leave with pay to an employee called as a witness by an Arbitration Board,
Conciliation Board or in an Alternate Dispute Resolution Process and, when operational requirements permit, leave with
pay to an employee called as a witness by the Alliance.
14.06 When operational requirements permit, the Employer will grant leave with pay to an employee who is:
(a) a party to the adjudication,
(b) the representative of an employee who is a party to an adjudication,
and
(c) a witness called by an employee who is a party to an adjudication.
Meetings During the Grievance Process
14.07 Where an employee representative wishes to discuss a grievance with an employee who has asked or is
obliged to be represented by the Alliance in relation to the presentation of his or her grievance, the Employer will,
where operational requirements permit, give them reasonable leave with pay for this purpose when the discussion takes
place in their headquarters area and reasonable leave without pay when it takes place outside their headquarters
area.
14.08 Subject to operational requirements,
(a) when the Employer originates a meeting with a grievor in his or her headquarters area, he or she will be granted
leave with pay and "on duty" status when the meeting is held outside the grievor's headquarters area;
(b) when a grievor seeks to meet with the Employer, he or she will be granted leave with pay when the meeting is
held in his or her headquarters area and leave without pay when the meeting is held outside his or her headquarters
area;
(c) when an employee representative attends a meeting referred to in this clause, he or she will be granted leave
with pay when the meeting is held in his or her headquarters area and leave without pay when the meeting is held
outside his or her headquarters area.
14.09 When operational requirements permit, the Employer will grant leave without pay to an employee for the
purpose of attending contract negotiation meetings on behalf of the Alliance.
14.10 When operational requirements permit, the Employer will grant leave without pay to a reasonable number
of employees to attend preparatory contract negotiation meetings.
14.11 When operational requirements permit, the Employer will grant leave with pay to a reasonable number of
employees who are meeting with management on behalf of the Alliance.
14.12 Subject to operational requirements, the Employer shall grant leave without pay to a reasonable number
of employees to attend meetings of the Board of Directors of the Alliance, meetings of the National Executive of the
Components, Executive Board meetings of the Alliance, and conventions of the Alliance, the Components, the Canadian
Labour Congress and the Territorial and Provincial Federations of Labour.
14.13 When operational requirements permit, the Employer will grant leave without pay to employees who
exercise the authority of a representative on behalf of the Alliance to undertake training related to the duties of a
representative.
15.01 The Public Service Staff Relations Act provides penalties for engaging in illegal strikes.
Disciplinary action may also be taken, which will include penalties up to and including termination of employment
pursuant to paragraph 11(2)(f) of the Financial Administration Act, for participation in an illegal strike as
defined in the Public Service Staff Relations Act.
16.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any
disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national
origin, religious affiliation, sex, sexual orientation, family status, mental or physical disability, membership or
activity in the Alliance, marital status or a conviction for which a pardon has been granted.
16.02
(a) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the
complaint.
(b) If by reason of paragraph (a) a level in the grievance procedure is waived, no other level shall be waived
except by mutual agreement.
16.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with
discrimination. The selection of the mediator will be by mutual agreement.
17.01 The Alliance and the Employer recognize the right of employees to work in an environment free from
sexual harassment and agree that sexual harassment will not be tolerated in the work place.
17.02
(a) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the
complaint.
(b) If by reason of paragraph (a) a level in the grievance procedure is waived, no other level shall be waived
except by mutual agreement.
17.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with
sexual harassment. The selection of the mediator will be by mutual agreement.
18.01
(a) When an employee becomes subject to this Agreement, his or her earned daily leave credits shall be converted
into hours. When an employee ceases to be subject to this Agreement, his or her earned hourly leave credits shall be
reconverted into days, with one day being equal to seven and one-half (7 1/2) hours.
(b) When leave is granted, it will be granted on an hourly basis and the number of hours debited for each day of
leave being equal to the number of hours of work scheduled for the employee for the day in question.
(c) Notwithstanding the above, in clause 22.02, "Bereavement Leave with Pay," a "day" will mean a calendar day.
18.02 An employee is entitled, once in each fiscal year, to be informed upon request, of the balance of his
or her vacation and sick leave credits.
18.03 The amount of leave with pay earned but unused credited to an employee by the Employer at the time when
this Agreement is signed, or at the time when the employee becomes subject to this Agreement, shall be retained by the
employee.
18.04 An employee shall not be granted two (2) different types of leave with pay or monetary remuneration in
lieu of leave in respect of the same period of time.
18.05 An employee who, on the day that this Agreement is signed, is entitled to receive furlough leave, that
is to say, five (5) weeks' leave with pay upon completing twenty (20) years of continuous employment, retains his or
her entitlement to furlough leave subject to the conditions respecting the granting of such leave that are in force on
the day that this Agreement is signed.
18.06 An employee is not entitled to leave with pay during periods he or she is on leave without pay or under
suspension.
18.07 In the event of termination of employment for reasons other than death or lay-off, the Employer shall
recover from any monies owed the employee an amount equivalent to unearned vacation and sick leave taken by the
employee, as calculated from the classification prescribed in the employee's certificate of appointment on the date of
the termination of the employee's employment.
18.08 An employee shall not earn leave credits under this Collective Agreement in any month for which leave
has already been credited to him or her under the terms of any other collective agreement to which the Employer is a
party or under other rules or regulations of the Employer.
19.01 An employee shall earn sick leave credits at the rate of one and one-quarter (1 1/4) days for each
calendar month for which the employee receives pay for at least ten (10) days.
For the purpose of clause 19.01, an employee working a school year as defined in this Agreement is deemed to have
received pay for at least ten (10) days per month during the summer break period, provided the employee continues in
the employment of the Employer in the following school year.
19.02 An employee shall be granted sick leave with pay when he or she is unable to perform his or her duties
because of illness or injury provided that:
(a) he or she satisfies the Employer of this condition in such manner and at such time as may be determined by the
Employer,
and
(b) he or she has the necessary sick leave credits.
19.03 Unless otherwise informed by the Employer, a statement signed by the employee stating that because of
illness or injury, he or she was unable to perform his or her duties shall, when delivered to the Employer, be
considered as meeting the requirements of paragraph 19.02(a).
19.04 When an employee has insufficient or no credits to cover the granting of sick leave with pay under the
provisions of clause 19.03, sick leave with pay may, at the discretion of the Employer, be granted to an employee:
(a) for a period of up to twenty-five (25) days if a decision on an application for injury-on-duty leave is being
awaited,
or
(b) for a period of up to fifteen (15) days in all other cases subject to the deduction of such advanced leave from
any sick leave credits subsequently earned.
19.05 When an employee is granted sick leave with pay and injury-on-duty leave is subsequently approved for
the same period, it shall be considered, for the purpose of the record of sick leave credits, that the employee was not
granted sick leave with pay.
19.06 Where, in respect of any period of compensatory leave, an employee is granted sick leave with pay on
production of a medical certificate, the period of compensatory leave so displaced shall either be added to the
compensatory leave period if requested by the employee and approved by the Employer or reinstated for use at a later
date.
**
19.07 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 layoff and who is reappointed in
the Public Service within two (2) years from the date of layoff.
19.08 The Employer agrees that an employee terminated for cause for reasons of incapacity pursuant to
Section 11(2)(g) of the Financial Administration Act by reason of ill-health shall not be released at a date
earlier than the date at which the employee will have utilized his or her accumulated sick leave credits.
20.01
(a) The vacation year, for an employee on a twelve (12) month work year, shall be from April 1st to
March 31st of the following calendar year, inclusive.
(b) Employees must normally take all of their annual leave during the vacation year in which it is earned.
**
20.02 Accumulation of Vacation Leave Credits
For each calendar month in which an employee has earned at least ten (10) days' pay, the employee shall earn
vacation leave credits at the rate of:
(a) one decimal twenty-five (1.25) days until the month in which the anniversary of the employee's
eighth (8th) year of service occurs if the employee is in the ED or EU groups;
or
one decimal twenty-five (1.25) days until the month in which the anniversary of the employee's
seventh (7th) year of service occurs if the employee is in the LS Group;
(b) one decimal sixty-seven (1.67) days commencing with the month in which the employee's
eighth (8th) anniversary of service occurs if the employee is in the ED or EU groups;
or
one decimal sixty-seven (1.67) days commencing with the month in which the employee's
seventh (7th) anniversary of service occurs if the employee is in the LS Group;
**
(c) one decimal eighty-four (1.84) days commencing with the month in which the employee's sixteen (16th) anniversary of
service occurs;
(d) one decimal ninety-two (1.92) days commencing with the month in which the employee's
seventeenth (17th) anniversary of service occurs;
(e) two decimal zero nine (2.09) days commencing with the month in which the employee's
eighteenth (18th) anniversary of service occurs;
**
(f) two decimal twenty-five (2.25) days commencing with the month in which the employee's
twenty-seventh (27th) anniversary of service occurs;
**
(g) two decimal five (2.5) days commencing with the month in which the employee's
twenty-eight (28th) anniversary of service occurs.
20.03
(a) For the purpose of clause 20.02 only, all service within the Public Service, whether continuous or
discontinuous, shall count toward vacation leave except where a person who, on leaving the Public Service, takes or has
taken severance pay. However, the above exception shall not apply to an employee who receives severance pay on lay-off
and is reappointed to the Public Service within one year following the date of lay-off.
(b) Notwithstanding (a) above, an employee who was a member of the bargaining unit on (the date of signing of the
Collective Agreement - May 17, or 18, or 19, 1989) or an employee who became a member of the bargaining unit between
(the date of signing of the Collective Agreement - May 17, or 18, or 19, 1989) and May 31, 1990 shall retain, for the
purpose of "service" and of establishing his or her vacation entitlement pursuant to this Article, those periods of
former service which had previously qualified for counting as continuous employment, until such time as his or her
employment in the Public Service is terminated.
Entitlement to Vacation Leave With Pay
20.04 An employee is entitled to vacation leave with pay to the extent of the employee's earned credits but
an employee who has completed six (6) months of continuous employment may receive an advance of credits equivalent to
the anticipated credits for the vacation year.
20.05 If, at the end of a fiscal year, an employee's entitlement to vacation leave with pay includes a
fractional entitlement of less or more than one-half (1/2) day, the entitlement shall be increased to the nearest
half (1/2) day.
Scheduling of Vacation Leave With Pay
Clause ED-20.06 applies only to the ED Group:
ED - 20.06 Granting of Vacation Leave With Pay
In scheduling vacation leave with pay, the Employer shall, subject to the operational requirements of the service,
make every reasonable effort:
(a) to grant the employee his or her vacation leave during the fiscal year in which it is earned and in a manner
acceptable to the employee if so requested by the employee prior to March 31st, for periods of leave which
extend between May 1st and October 31st and if so requested by the employee prior to
October 1st, for periods of leave which extend between November 1st and
April 30th;
(b) to grant an employee vacation leave when specified by the employee if:
(i) the period of vacation leave requested is less than a week,
and
(ii) the employee gives the Employer at least two (2) days' advance notice for each day of vacation leave
requested.
(c) The Employer may for good and sufficient reason grant vacation leave on shorter notice than that provided for
in (b).
Clause LS/EU-20.06 applies to the LS and EU groups only:
LS/EU - 20.06
(a) Employees are expected to take all of their vacation leave during the vacation year in which it is earned.
(b) In order to maintain operational requirements, the Employer reserves the right to schedule employee's vacation
leave but shall make every reasonable effort to provide an employee's vacation in an amount and at such time as the
employee may request.
20.07 The Employer shall give an employee as much notice as is practicable and reasonable of approval,
rejection or cancellation of a request for vacation leave with pay. In the case of rejection or cancellation of such
leave, the Employer shall give the written reason therefor upon written request from the employee.
20.08 Where, in respect of any period of vacation leave with pay, an employee is granted:
(a) bereavement leave with pay,
or
(b) leave with pay because of illness in the immediate family,
or
(c) sick leave on production of a medical certificate,
the period of vacation leave with pay so displaced shall either be added to the vacation period, if requested by the
employee and approved by the Employer or reinstated for use at a later date.
20.09
(a) The leave entitlement for the current vacation year shall be used first.
(b) Where in any vacation year, an employee has not been granted all of the annual leave credited to him or her, the
unused portion of annual leave shall be carried over into the following year, except that the unused portion of annual
leave in excess of thirty (30) days shall be automatically converted into cash, by multiplying the number of days to
which the excess leave credits correspond by the daily rate of pay applicable to the classification prescribed in the
employee's certificate of employment of his or her substantive position in effect on the last day of the preceding
fiscal year.
(c) Notwithstanding paragraph (b), during any vacation year, upon application by the employee and at the discretion
of the Employer, earned but unused vacation leave credits in excess of fifteen (15) days may be paid in cash at the
employee's daily rate of pay as calculated from the classification prescribed in the certificate of appointment of the
employee's substantive position on March 31st of the previous vacation year.
(d) An employee who, on December 28, 1998, had more than thirty (30) days of annual leave credits earned during
previous years must, during each of the subsequent four (4) years, use and/or have converted into cash at least
twenty-five per cent (25%) of the portion of credits exceeding thirty (30) days, beginning on April 1, 1999. The sum
shall be paid in one (1) payment per year and shall be calculated by multiplying the number of days of annual leave in
question by the daily rate of pay applicable to the classification prescribed in the employee's certificate of
appointment of his or her substantive position in effect on the last day of the preceding year.
(e) When in a vacation year, an employee has applied for vacation leave with pay, in accordance with Clause ED 20.06
or LS/EU 20.06, and was not granted all the leave requested, the portion of the yearly entitlement of leave that was
not granted should be rescheduled by mutual agreement into the next vacation year. Such mutual agreement shall not be
unreasonably withheld.
(f) While vacation leave credits shall normally not exceed thirty (30) days in excess of the current year
entitlement, an employee may request, in exceptional circumstances, to carry over additional vacation leave credits for
specific purposes. Such request shall include the duration and purpose of the carry over.
Recall from Vacation Leave With Pay
20.10
(a) The Employer will make every reasonable effort not to recall an employee to duty after the employee has
proceeded on vacation leave with pay.
(b) Where, during any period of vacation leave with pay, an employee is recalled to duty, the employee shall be
reimbursed for reasonable expenses, as normally defined by the Employer, that the employee incurs:
(i) in proceeding to employee's place of duty,
and
(ii) in returning to the place from which the employee was recalled if the employee immediately resumes vacation
upon completing the assignment for which the employee was recalled,
after submitting such accounts as are normally required by the Employer.
(c) The employee shall not be considered as being on vacation leave during any period in respect of which the
employee is entitled under paragraph 20.10(b) to be reimbursed for reasonable expenses incurred by the employee.
Leave When Employment Terminates
20.11 When an employee dies or otherwise ceases to be employed, the employee or the employee's estate shall
be paid an amount equal to the product obtained by multiplying the number of days of earned but unused vacation leave
with pay to the employee's credit by the daily rate of pay applicable immediately prior to the termination of the
employee's employment. However, where the employee requests, the Employer shall grant the employee any vacation leave
earned but not used by the employee before the employment is terminated by lay-off because of a requirement to meet
minimum continuous employment requirements for severance pay.
20.12 Notwithstanding clause 20.11, an employee whose employment is terminated by reason of a declaration of
abandonment of position is entitled to receive the payment referred to in clause 20.11, if the employee requests it
within six (6) months following the date of termination of employment.
Advance Payments
20.13
(a) The Employer agrees to issue advance payments of estimated net salary for vacation periods of two (2) or more
complete weeks, provided a written request for such advance payment is received from the employee at least
six (6) weeks prior to the last pay day before the employee's vacation period commences.
(b) Providing the employee has been authorized to proceed on vacation leave for the period concerned, pay in advance
of going on vacation shall be made prior to departure. Any overpayment in respect of such pay advances shall be an
immediate first charge against any subsequent pay entitlements and shall be recovered in full prior to any further
payment of salary.
Cancellation or Alteration of Vacation Leave
20.14 When the Employer cancels or alters a period of vacation leave which it has previously approved in
writing, the Employer shall reimburse the employee for the non-returnable portion of vacation contracts and
reservations made by the employee in respect of that period, subject to the presentation of such documentation as the
Employer may require. The employee must make every reasonable attempt to mitigate any losses incurred and will provide
proof of such action to the Employer.
20.15 Appointment to a Separate Employer
Notwithstanding clause 20.11, an employee who resigns to accept an appointment with an organization listed in
Part II of Schedule I of the Public Service Staff Relations Act may choose not to be paid for unused vacation
leave credits, provided that the appointing organization will accept such credits.
**
20.16 Appointment from a Separate Employer
The Employer agrees to accept the unused vacation and furlough leave credits up to a maximum of thirty-five (35)
days of an employee who resigns from an organization listed in Part II of Schedule I of the Public Service Staff
Relations Act in order to take a position with the Employer if the transferring employee is eligible and has chosen
to have these credits transferred.
**
20.17 Summer Leave for ED-LAT Sub-group of ED (12 month work year)
Employees shall be granted leave without pay during the months of May, June, July, August and September provided a
request for such leave is received in writing by the Employer on or before March 15th in each year, and
provided that leave without pay immediately follows the annual leave. At the departmental level, the total number of
requests for leave without pay, spread over the aforementioned five (5) months shall not exceed four per cent (4%) of
the employees subject to this clause. The total number of weeks of leave with pay earned by the employee together with
the total number of weeks of leave without pay granted to the employee shall not exceed ten (10) weeks. The period of
leave of absence without pay shall be considered as time worked for the purpose of accruing leave credits providing the
employee continues in the employment of the Employer in the month immediately following the employee's return to
work.
Exclusion
Employees in the ED-EST sub-group of the Education Group who work the school year as defined in paragraph 45.01(a)
are excluded from the provisions of this Article.
21.01 Subject to clause 21.02, the following days shall be designated paid holidays for employees:
(a) New Year's Day,
(b) Good Friday,
(c) Easter Monday,
(d) the day fixed by proclamation of the Governor in Council for celebration of the Sovereign's Birthday,
(e) Canada Day,
(f) Labour Day,
(g) the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,
(h) Remembrance Day,
(i) Christmas Day,
(j) Boxing Day,
(k) one additional day in each year that, in the opinion of the Employer, is recognized to be a provincial or civic
holiday in the area in which the employee is employed or, in any area where, in the opinion of the Employer, no such
additional day is recognized as a provincial or civic holiday, the first Monday in August,
(l) one additional day when proclaimed by an Act of Parliament as a national holiday.
21.02 An employee absent without pay on both his or her full working day immediately preceding and his or her
full working day immediately following a designated holiday is not entitled to pay for the holiday, except in the case
of an employee who is granted leave without pay under the provisions of Article 14, Leave With or Without Pay For
Alliance Business.
21.03 When a day designated as a holiday under clause 21.01 coincides with an employee's day of rest, the
holiday shall be moved to the first (1st) scheduled working day following the employee's day of rest. When a
day that is a designated holiday is so moved to a day on which the employee is on leave with pay, that day shall count
as a holiday and not as a day of leave.
When two (2) days designated as holidays under clause 21.01 coincide with an employee's consecutive days of rest,
the holidays shall be moved to the employee's first two (2) scheduled working days following the days of rest. When the
days that are designated holidays are so moved to days on which the employee is on leave with pay, those days shall
count as holidays and not as days of leave.
21.04 When a day designated as a holiday for an employee is moved to another day under the provisions of
clause 21.03:
(a) work performed by an employee on the day from which the holiday was moved shall be considered as worked
performed on a day of rest,
and
(b) work performed by an employee on the day to which the holiday was moved, shall be considered as work performed
on a holiday.
21.05 When an employee works on a holiday, he or she shall be paid:
(a) time and one-half (1 1/2) for all hours worked up to seven and one half (7 1/2) hours and double (2) time
thereafter, in addition to the pay that the employee would have been granted had he or she not worked on
the holiday,
or
(b) upon request, and with the approval of the Employer, the employee may be granted:
(i) a day of leave with pay (straight-time rate of pay) at a later date in lieu of the holiday,
and
(ii) pay at one and one-half (1 1/2) times the straight-time rate of pay for all hours worked up to seven and one
half (7 1/2) hours,
and
(iii) pay at two (2) times the straight-time rate of pay for all hours worked by him or her on the holiday in excess
of seven and one half (7 1/2) hours.
(c)
(i) Subject to operational requirements and adequate advance notice, the Employer shall grant lieu days at such
times as the employee may request.
(ii) When in a fiscal year an employee has not been granted all of his or her lieu days as requested by him or her,
at the employee's option, such lieu days shall be paid off at his or her straight-time rate of pay or carried over for
one (1) year. In all other cases unused lieu days shall be paid off at the employee's straight-time rate of pay.
(iii) The straight-time rate of pay referred to in 21.05(c)(ii) shall be the rate in effect when the lieu day was
earned.
21.06 When an employee is required to report for work and reports on a designated holiday, the employee shall
be paid the greater of:
(a) compensation in accordance with the provisions of clause 21.05;
or
(b) three (3) hours pay at the applicable overtime rate of pay.
21.07 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work
location other than the employee's normal place of work, time spent by the employee reporting to work or returning to
his or her residence shall not constitute time worked.
21.08 Where a day that is a designated holiday for an employee coincides with a day of leave with pay, that
day shall count as a holiday and not as a day of leave.
21.09 Where operational requirements permit, the Employer shall not schedule an employee to work both
December 25 and January 1 in the same holiday season.
(a) After the completion of one (l) year's continuous employment in the Public Service, and providing an employee
gives the Employer at least five (5) days' notice, the employee shall be granted five (5) days' marriage leave with pay
for the purpose of getting married.
(b) For an employee with less than two (2) years of continuous employment, in the event of termination of employment
for reasons other than death or lay-off within six (6) months after the granting of marriage leave, an amount equal to
the amount paid the employee during the period of leave will be recovered by the Employer from any monies owed the
employee.
**
(a) For the purpose of this clause, immediate family is defined as father, mother (or alternatively stepfather,
stepmother, or foster parent), brother, sister, spouse (including common-law spouse resident with the employee), child
(including child of common-law spouse), stepchild or ward of the employee, grandchild, father-in-law, mother-in-law,
the employee's grand parents and relative permanently residing in the employee's household or with whom the employee
permanently resides.
**
(b) When a member of the employee's immediate family dies, an employee shall be entitled to a bereavement period of
five (5) consecutive calendar days which must include the day of the funeral. During such period the employee shall be
paid for those days which are not regularly scheduled days of rest for the employee. In addition, the employee may be
granted up to three (3) days' leave with pay for the purpose of travel related to the death.
**
(c) An employee is entitled to one (1) day's bereavement leave with pay for the purpose related to the death of his or
her son-in-law, daughter-in-law, brother-in-law or sister-in-law.
(d) If, during a period of sick leave, vacation leave or compensatory leave, an employee is bereaved in
circumstances under which he or she would have been eligible for bereavement leave with pay under paragraphs (b) and
(c), the employee shall be granted bereavement leave with pay and his or her paid leave credits shall be restored to
the extent of any concurrent bereavement leave with pay granted.
(e) It is recognized by the parties that the circumstances which call for leave in respect of bereavement are based
on individual circumstances. On request, the deputy head of a department may, after considering the particular
circumstances involved, grant leave with pay for a period greater than and/or in a different manner than that provided
for in paragraphs (b) and (c).
(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 19, Sick Leave With Pay. For purposes of this subparagraph, the terms "illness" or "injury" used in
Article 19, Sick Leave With Pay, 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.
(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 22.04(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.
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in subparagraph 22.04(a)(ii) solely because a concurrent
entitlement to benefits under the Disability Insurance (DI) Plan, the Longterm Disability (LTD) Insurance portion of
the Public Service Management Insurance Plan (PSMIP) or the Government Employees Compensation Act prevents her
from receiving Employment Insurance pregnancy benefits,
and
(ii) has satisfied all of the other eligibility criteria specified in paragraph 22.04(a), other than those specified
in sections (A) and (B) of subparagraph 22.04(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 22.04 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).
***
If, on the date of signature of the Memorandum of Agreement modifying the provisions of this Article, an employee is
currently on maternity leave without pay or has requested a period of maternity leave but has not commenced the leave,
she shall upon request be entitled to the provisions of this Article. Any application must be received before the
termination date of the leave period originally requested.
***
(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):
(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 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 :
(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.
(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 22.04 (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) other than as provided in subparagraph (iii) below, for each week in respect of which the employee receives
parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross
weekly amount of the Employment Insurance parental benefits he or she is eligible to receive and
ninety-three per cent (93%) of his or her weekly rate of pay less any other monies earned during this period which may
result in a decrease in Employment Insurance benefits to which he or she would have been eligible if no extra monies
had been earned during this period;
(iii) where the employee becomes entitled to an extension of parental benefits pursuant to Subsection 12(7) of the
Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will
be extended by the number of weeks of extended benefits which the employee receives under Subsection 12(7) of the
EI Act.
(d) At the employee's request, the payment referred to in subparagraph 22.07(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.
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in subparagraph 22.07(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 22.07(a), other than those specified
in sections (A) and (B) of subparagraph 22.07(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 or her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees
Compensation Act.
(b) An employee shall be paid an allowance under this clause and under clause 22.07 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).
***
If, on the date of signature of the Memorandum of Agreement modifying the provisions of this Article, an employee is
currently on parental leave without pay or has requested a period of such leave without pay but has not commenced the
leave, he or she shall upon request be entitled to the provisions of this Article. Any application must be received
before the termination date of the leave period originally requested.
(a) Both parties recognize the importance of access to leave for the purpose of care and nurturing of pre-school age
children.
(b) An employee shall be granted leave without pay for the personal care and nurturing of the employee's pre-school
age children (including children of common-law spouse) in accordance with the following conditions:
(i) 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 an urgent or unforeseeable circumstance such
notice cannot be given;
(ii) leave granted under this Article shall be for a minimum period of three (3) weeks;
(iii) the total leave granted under this Article shall not exceed five (5) years during an employee's total period
of employment in the Public Service;
(iv) leave granted for periods of one (1) year or less shall be scheduled in a manner which ensures continued
service delivery.
(c) An employee who has proceeded on leave without pay may change his or her return to work date if such change does
not result in additional costs to the Employer.
(a) Both parties recognize the importance of access to leave for the purpose of long-term care of a parent.
(b) An employee shall be granted leave without pay for the long-term personal care of the employee's parents,
including step-parents or foster parents, in accordance with the following conditions:
(i) 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 an urgent or unforeseeable circumstance such
notice cannot be given;
(ii) leave granted under this Article shall be for a minimum period of three (3) weeks;
(iii) the total leave granted under this Article shall not exceed five (5) years during an employee's total period
of employment in the Public Service;
(iv) leave granted for periods of one (1) year or less shall be scheduled in a manner which ensures continued
service delivery.
(c) An employee who has proceeded on leave without pay may change his or her return to work date if such change does
not result in additional costs to the Employer.
Leave without pay will be granted for personal needs in the following manner:
(a) subject to operational requirements, leave without pay for a period of up to three (3) months will be granted to
an employee for personal needs;
(b) subject to operational requirements, leave without pay for more than three (3) months but not exceeding
one (1) year will be granted to an employee for personal needs;
(c) an employee is entitled to leave without pay for personal needs only once under each of paragraphs (a) and (b)
during the employee's total period of employment in the Public Service. Leave without pay granted under this clause may
not be used in combination with maternity, paternity or adoption leave without the consent of the Employer;
(d) leave without pay granted under (a) of 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 not be counted for pay increment purposes;
(e) leave without pay granted under (b) of this clause shall be deducted from the calculation of "continuous
employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave
for the employee involved. Time spent on such leave shall not be counted for pay increment purposes.
(a) At the request of an employee, leave without pay for a period of up to one (1) year shall be granted to an
employee whose spouse is permanently relocated and up to five (5) years to an employee whose spouse is temporarily
relocated.
(b) Leave without pay granted under this clause shall be deducted from the calculation of "continuous employment"
for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave for the
employee involved, except where the period of such leave is less than three (3) months. Time spent on such leave which
is for a period of more than three (3) months shall not be counted for pay increment purposes.
**
(a) For the purpose of this clause, family is defined as spouse (or common-law spouse resident with the employee),
children (including foster children and children of legal or common-law spouse), parents (including
step-parents or foster parents), or any relative permanently residing in the employee's household or with whom the
employee permanently resides.
(b) The total leave with pay which may be granted under this clause shall not exceed five (5) days in a fiscal
year.
(c) Subject to paragraph (b), the Employer shall grant leave with pay under the following circumstances:
**
(i) up to one (1) day to take a family member for medical or dental appointments, or for appointments with school
authorities or adoption agencies, if the supervisor was notified of the appointment as far in advance as possible;
(ii) to provide for the immediate and temporary care of a sick member of the employee's family and to provide an
employee with time to make alternate care arrangements where the illness is of a longer duration;
(iii) to provide for the immediate and temporary care of an elderly member of the employee's family;
**
(iv) two (2) days leave with pay for needs directly related to the birth or to the adoption of the employee's child,
which may be divided into two (2) periods and granted on separate days.
The Employer shall grant leave with pay to an employee for the period of time he or she is required:
(a) to be available for jury selection;
(b) to serve on a jury;
(c) by subpoena or summons to attend as a witness in any proceeding held:
(i) in or under the authority of a court of justice or before a grand jury,
(ii) before a court, judge, justice, magistrate or coroner,
(iii) before the Senate or House of Commons of Canada or a committee of the Senate or House of Commons otherwise
than in the performance of the duties of the employee's position,
(iv) before a legislative council, legislative assembly or house of assembly, or any committee thereof that is
authorized by law to compel the attendance of witnesses before it,
or
(v) before an arbitrator or umpire or a person or body of persons authorized by law to make an inquiry and to
compel the attendance of witnesses before it.
An employee shall be granted injury-on-duty leave with pay for such period as may be reasonably determined by the
Employer when a claim has been made pursuant to the Government Employees' Compensation Act, and a Workers'
Compensation authority has notified the Employer that it has certified that the employee is unable to work because
of:
(a) personal injury accidentally received in the performance of his or her duties and not caused by the employee's
willful misconduct,
or
(b) an industrial illness or a disease arising out of and in the course of the employee's employment,
if the employee agrees to remit to the Receiver General of Canada any amount received by him or her in compensation
for loss of pay resulting from or in respect of such injury, illness or disease providing, however, that such amount
does not stem from a personal disability policy for which the employee or the employee's agent has paid the
premium.
Where an employee participates in a personnel selection process, including the appeal process where applicable, for
a position in the Public Service, as defined in the Public Service Staff Relations Act, the employee is entitled
to leave with pay for the period during which the employee's presence is required for purposes of the selection
process, and for such further period as the Employer considers reasonable for the employee to travel to and from the
place where his or her presence is so required.
**
Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5)
working days, the employee shall be granted, in each fiscal year, one (1) day of leave with pay to work as a volunteer
for a charitable or community organisation or activity, other than for activities related to the Government of Canada
Workplace Charitable Campaign;
The leave will be scheduled at times convenient both to the employee and the Employer. Nevertheless, the Employer
shall make every reasonable effort to grant the leaves at such times as the employee may request.
(a) At its discretion, the Employer may grant:
(i) leave with pay when circumstances not directly attributable to the employee prevent his or her reporting for
duty; such leave shall not be unreasonably withheld;
(ii) leave with or without pay for purposes other than those specified in this Agreement.
**
(b) 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 leaves at such times as the employee may request.
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