Foreign Service (FS) 312 (Archived)

20.01 The vacation year shall be from April 1^st to March 31^st of the following calendar year, inclusive.

An employee who has earned at least ten (10) days' regular pay during any calendar month of a vacation year shall earn vacation leave credits at the following rates in respect of that month:

(a) one and one-quarter (1 1/4) days per month until the month in which the anniversary of his eighth (8^th) year of service occurs;

(b) one and two-thirds (1 2/3) days per month commencing with the month in which his eighth (8^th) anniversary of service occurs;

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(c) one and eleven-twelfths (1 11/12) days per month commencing with the month in which his seventeenth (17^th) anniversary of service occurs;

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(d) two and one-twelfth (2 1/12) days per month commencing with the month in which his eighteenth (18^th ) anniversary of service occurs;

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(e) two and one-half (2 1/2) days per month commencing with the month in which his twenty-ninth (29^th) anniversary of service occurs;

(f) notwithstanding the provisions of clauses (a), (b), (c), (d) and (e), an employee who is entitled to or who has received furlough leave, shall have his vacation leave credits earned under this Article, reduced by five-twelfths (5/12ths) of a day 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.

20.03 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.

An employee is entitled to vacation leave to the extent of his 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.

Vacation leave as far as possible will be scheduled at times acceptable to the employee. However, vacation periods shall be designated by the Employer in accordance with operational requirements.

the period of vacation leave so displaced shall either be added to the vacation period if requested by the employee and approved by the Employer or reinstated for use at a later date.

(a) Employees must normally take all their vacation leave during the vacation year in which it is earned.

(b) Where in any vacation year, an employee has not been granted all of the vacation leave credited to him, the unused portion of his vacation leave up to a maximum of forty (40) days credits shall be carried over into the following vacation year. All vacation leave credits in excess of forty (40) days shall be automatically 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.

(c) During any vacation year, upon application by the employee and at the discretion of the Employer, earned but unused vacation leave credits 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.

(d) Notwithstanding paragraph (b), if on the date an employee becomes subject to this Agreement, he has more than forty (40) days of unused vacation leave credits earned during previous years, a minimum of ten (10) credits per year shall be granted, or paid in cash by August 31^st of each year, until all vacation leave credits in excess of forty (40) days have been liquidated. Payment shall be in one instalment per year, and shall be at his 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 applicable previous vacation year.

Where, during any period of vacation leave, an employee is recalled to duty, he shall be reimbursed for reasonable expenses, as normally defined by the Employer, that he incurs:

(b) in returning to the place from which he was recalled if he immediately resumes vacation upon completing the assignment for which he was recalled,

20.09 The employee shall not be considered as being on vacation leave during any period in respect of which he is entitled under clause 20.08 to be reimbursed for reasonable expenses incurred by him.

Where an employee dies or otherwise ceases to be employed, he or his estate shall be paid an amount equal to the product obtained by multiplying the number of days of earned but unused vacation and furlough leave to his credit by the daily rate of pay applicable to him immediately prior to the termination of his employment.

20.11 Notwithstanding clause 20.10, an employee whose employment is terminated for cause pursuant to Section 11(2)(g) of the Financial Administration Act by reason of abandonment of his position is entitled to receive the payment referred to in clause 20.10, if he requests it within a year less one (1) day following the date upon which his employment is terminated.

20.12 When the employment of an employee who has been granted more vacation with pay than he has earned is terminated by death, he is considered to have earned the amount of leave with pay granted to him.

20.13 When the employment of an employee who has been granted more vacation with pay than he has earned is terminated by lay-off, he is considered to have earned the amount of leave with pay granted to him if at the time of his lay-off he has completed two (2) or more years of continuous employment.

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 to the Employer.

ARTICLE 21
SICK LEAVE WITH PAY

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 she receives pay for at least ten (10) days.

An employee is eligible for sick leave with pay when she is unable to perform her duties because of illness or injury provided that:

(a) she satisfies the Employer of this condition in such manner and at such time as may be determined by the Employer,

21.03 An employee shall not be granted sick leave with pay during any period in which she is on leave without pay, or under suspension.

21.04 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 she was not granted sick leave with pay.

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21.05 Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provision of clause 21.02 above, sick leave with pay may, at the discretion of the Employer, be granted to an employee for a period of up to twenty-five (25) days, 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.

21.06 When the employment of an employee who has been granted more sick leave with pay than she has earned is terminated by death, she is considered to have earned the amount of leave with pay granted to her.

21.07 When the employment of an employee who has been granted more sick leave with pay than she has earned is terminated by lay-off, she is considered to have earned the amount of leave with pay granted to her if at the time of her lay-off she has completed two (2) or more years of continuous employment.

21.08 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 was reappointed in the Public Service.

21.09 The Employer agrees that an employee shall not be terminated for cause for reasons of incapacity pursuant to Section 11(2)(g) of the Financial Administration Act at a date earlier than the date at which the employee will have utilized his accumulated sick leave credits, except where the incapacity is the result of an injury or illness for which Injury on Duty Leave has been granted pursuant to Article 22.

21.10 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 her and approved by the Employer or reinstated for use at a later date.

ARTICLE 22
INJURY-ON-DUTY LEAVE WITH PAY

22.01 An employee shall be granted injury-on-duty leave with pay for such reasonable period as may be determined by the Employer when a claim has been made pursuant to the Government employees Compensation Act and a Worker's Compensation authority has notified the Employer that it has certified that he is unable to work because of:

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

(b) an industrial illness or a disease arising out of and in the course of his employment,

if he agrees to remit to the Receiver General of Canada any amount received by him 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 his agent has paid the premium.

ARTICLE 23
MATERNITY LEAVE WITHOUT PAY

(a) An employee who becomes pregnant shall, upon request, be granted maternity leave without pay for a period beginning before, on or after the termination date of pregnancy and ending not later than seventeen (17) weeks after the termination date of pregnancy.

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

(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.

(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 21, Sick Leave With Pay. For purposes of this subparagraph, the terms "illness" or "injury" used in Article 21, 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 (j), 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;

(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 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).

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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).

(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.

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(d) At the employee's request, the payment referred to in subparagraph 23.02(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance pregnancy benefits.

(e) The maternity allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that she may be required to repay pursuant to the Employment Insurance Act.

(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.

(i) fails to satisfy the eligibility requirement specified in subparagraph 23.02(a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Longterm Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or the Government Employees Compensation Act prevents her from receiving Employment Insurance pregnancy benefits,

and

(ii) has satisfied all of the other eligibility criteria specified in paragraph 23.02(a), other than those specified in sections (A) and (B) of subparagraph 23.02(a)(iii),

shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93%) of her weekly rate of pay and the gross amount of her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.

(b) An employee shall be paid an allowance under this clause and under clause 23.02 for a combined period of no more than the number of weeks during which she would have been eligible for pregnancy benefits pursuant to Section 22 of the Employment Insurance Act had she not been disqualified from Employment Insurance pregnancy benefits for the reasons described in subparagraph (a)(i).

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.

ARTICLE 24
PARENTAL LEAVE WITHOUT PAY

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(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.

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(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.

(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,

(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).

(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.

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(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 (j), 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 23.02(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:

however, an employee whose specified period of employment expired and who is rehired by the same department within a period of five 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).

(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.

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(d) At the employee's request, the payment referred to in subparagraph 24.02(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI parental benefits.

(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act.

(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.

(i) fails to satisfy the eligibility requirement specified in subparagraph 24.02(a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Long-term Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or via the Government Employees Compensation Act prevents the employee from receiving Employment Insurance parental benefits,

and

(ii) has satisfied all of the other eligibility criteria specified in paragraph 24.02(a), other than those specified in sections (A) and (B) of subparagraph 24.02(a)(iii),

shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93%) of the employee's rate of pay and the gross amount of his or her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.

(b) An employee shall be paid an allowance under this clause and under clause 24.02 for a combined period of no more than the number of weeks during which the employee would have been eligible for parental benefits pursuant to Section 23 of the Employment Insurance Act, had the employee not been disqualified from Employment Insurance parental benefits for the reasons described in subparagraph (a)(i).

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

ARTICLE 25
LEAVE WITHOUT PAY FOR THE CARE AND
NURTURING OF PRE-SCHOOL AGE CHILDREN

25.01 Subject to operational requirements, as determined by the Employer, 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:

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(a) an employee shall notify the Employer in writing as far in advance as possible but not less then four (4) weeks in advance of the commencement date of such leave, unless such notice cannot be given, because of an urgent or unforeseeable circumstance;

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

(c) the total leave granted under this clause shall not exceed five (5) years during an employee's total period of employment in the Public Service.

ARTICLE 26
LEAVE WITH PAY FOR
FAMILY-RELATED RESPONSIBILITIES

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

26.02 The total leave with pay which may be granted under this Article shall not exceed five (5) days in a fiscal year.

26.03 Subject to clause 26.02, an employee shall be granted leave with pay under the following circumstances:

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(a) up to one (1) day 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

(i) alternate arrangements were not possible (an employee is expected to make every reasonable effort to schedule medical or dental appointments for dependent family members to minimize or preclude his absence from work),

and

(ii) the supervisor was notified of the appointment as far in advance as possible;

(b) to provide for the immediate and temporary care of a sick member of his family and to provide him with time to make alternative care arrangements where the illness is of a longer duration;

(d) one (1) day's leave with pay for needs directly related to the birth or to the adoption of his child, which may be divided into two (2) periods and granted on separate days.

ARTICLE 27
LEAVE WITHOUT PAY FOR
THE LONG-TERM CARE OF A PARENT
AND OTHER FAMILY-RELATED NEEDS

27.01 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.

(b) One period of leave without pay of up to three (3) months and another period of leave without pay of more than three (3) months, but not exceeding one (1) year, may be granted to her for family-related needs which are not covered under paragraph (a). An employee is entitled to each period of leave only once during her total period of employment in the Public Service. Such leave period may not be used in combination with maternity leave, parental leave or leave for the care and nurturing of pre-school age children without the consent of the Employer.

27.02 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 the leave periods referred to in clause 27.01 unless, because of an urgent or unforeseeable circumstance, such notice cannot be given.

ARTICLE 28
MARRIAGE LEAVE

28.01 After the completion of one (1) year's continuous employment in the Public Service, and providing an employee gives the Employer at least five (5) days notice, he shall be granted five (5) days marriage leave with pay for the purpose of getting married.

28.02 For an employee with less than two (2) years of continuous employment, in the event of termination of employment for reasons other than death or lay-off within six (6) months after the granting of marriage leave, an amount equal to the amount paid the employee during the period of leave will be recovered by the Employer from any monies owed him.

ARTICLE 29
LEAVE WITHOUT PAY FOR
RELOCATION OF SPOUSE

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

ARTICLE 30
BEREAVEMENT LEAVE WITH PAY

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30.01 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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(a) When a member of his 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, he may be granted up to three (3) days' leave with pay for the purpose of travel related to the death.

30.02 An employee is entitled to one (1) day's bereavement leave with pay for the purpose related to the death of his grand-parent, son-in-law, daughter-in-law, brother-in-law or sister-in-law.

30.03 If, during a period of compensatory leave, an employee is bereaved in circumstances under which he would have been eligible for bereavement leave with pay under clauses 30.01 or 30.02, he shall be granted bereavement leave with pay and his compensatory leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.

30.04 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 the department may, after considering the particular circumstances involved, grant leave with pay for a period greater than that provided for in clauses 30.01 and 30.02.

ARTICLE 31
COURT LEAVE WITH PAY

31.01 The Employer shall grant leave with pay to an employee for the period of time she is required:

(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 her position,

(iv) before a legislative council, legislative assembly or house of assembly, or any committee thereof that is authorized by law to compel attendance of witnesses before it,

(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.

ARTICLE 32
PERSONNEL SELECTION LEAVE WITH PAY

32.01 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.

ARTICLE 33
EDUCATIONAL LEAVE

33.01 Subject to operational and budgetary constraints as determined by the Employer, an employee may be granted educational leave without pay for varying periods of up to one (1) year to attend a recognized institution for additional or special study in an academic discipline, or for a programme of special study, directly related to the interests of the foreign service of Canada.

33.02 An employee on such educational leave without pay may receive an educational leave allowance in lieu of salary of up to one hundred percent (100%) of her basic salary provided that, where she receives a grant, bursary or scholarship, the educational leave allowance may be reduced. In such cases, the amount of the reduction shall not exceed the amount of the grant, bursary or scholarship.

33.03 Any allowance already being received by the employee and not part of her basic salary shall not be used in the calculation of the allowance for educational leave without pay.

33.04 Allowances already being received by the employee may, at the discretion of the Employer, be continued during the period of educational leave without pay and the employee shall be notified when the leave is approved whether such allowances are to be continued in whole or in part.

**
33.05 As a condition to the granting of educational leave without pay an employee shall, if required, give a written undertaking prior to commencement of leave to return to the service of the Employer for a period of not less than the period of the leave granted.

**
33.06 Should the employee fail for reasons within her control to complete the course or the programme of special study or to resume her employment with the Employer following completion of the course, or cease to be employed, except by reason of death or lay-off, before termination of the period she has undertaken to serve after completion of educational leave, she shall repay the Employer the allowances paid to her during the educational leave, or such lesser sum as shall be determined by the Employer.

ARTICLE 34
ATTENDANCE AT CONFERENCES AND CONVENTIONS

34.01 An employee shall have the opportunity, subject to operational requirements and budgetary constraints as determined by the Employer, to attend a reasonable number of conferences or conventions related to his field of specialization in order to benefit from an exchange of knowledge and experience with his professional colleagues. The Employer may grant leave with pay and reasonable expenses, including registration fees, to attend such gatherings.

34.02 An employee who attends a conference or convention at the request of the Employer to represent the interests of the Employer shall be deemed to be on duty and, as required, in travel status.

34.03 An employee invited to participate in a conference or convention in an official capacity such as to present a formal address or to give a course related to his field of employment, may be granted leave with pay for this purpose and may, in addition, be reimbursed for his payment of registration fees and reasonable travel expenses.

34.04 An employee shall not be entitled to any compensation under Article 12 (Overtime) in respect of hours he is in attendance at a conference or convention under the provisions of this Article.

34.05 Compensation shall not be paid under Article 16 (Travel) in respect of hours travelling to or from a conference or convention under the provisions of this Article, unless the employee is required to attend by the Employer.

ARTICLE 35
PROFESSIONAL DEVELOPMENT

35.01 Because the parties to this agreement share a desire to improve the quality of the Career Foreign Service and to maintain and enhance the professional standards of Foreign Service Officers, employees may be given the opportunity on occasion:

(a) to participate in seminars, workshops, short courses or similar out-service programs to keep up to date with knowledge and skills in their respective fields,

(b) to conduct research or to perform work related to their specialization in institutions or locations other than those of the Employer.

35.02 An employee may apply at any time for professional development under this Article, and the Employer may select an employee at any time for professional development. When an employee is selected for professional development, the Employer will consult with her before determining the location and duration of the program of work or studies to be undertaken.

35.03 An employee selected for professional development will continue to receive her normal compensation including any increase for which she may become eligible. She shall not be entitled to any compensation under Articles 12 (Overtime) and 16 (Travel) while on professional development under this Article.

35.04 An employee on professional development under this Article may be reimbursed for reasonable travel expenses and such other additional expenses as the Employer deems appropriate.

ARTICLE 36
EXAMINATION LEAVE

36.01 Leave with pay to write examinations may be granted by the Employer to an employee who is not on educational leave. Such leave will be granted only where, in the opinion of the Employer, the course of study is directly related to the employee's duties or will improve his qualifications.

ARTICLE 37
LEAVE WITH OR WITHOUT PAY FOR OTHER REASONS

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

PART V - OTHER TERMS AND CONDITIONS OF EMPLOYMENT

ARTICLE 38
FOREIGN SERVICE DIRECTIVES AND
NATIONAL JOINT COUNCIL AGREEMENTS

38.01 The terms and conditions of employment of an employee who is subject to the Foreign Service Directives are those contained in this Agreement, unless they are less favourable to the employee than those contained in the Foreign Service Directives in which case the latter applies.

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

38.03 The NJC items which may be included in a collective agreement are those items which parties to the NJC agreement have designated as such or upon which the Chairman of the Public Service Staff Relations Board has made a ruling pursuant to clause (c) of the NJC Memorandum of Understanding which became effective December 6, 1978, as amended from time to time.

ARTICLE 39
NO DISCRIMINATION

**
39.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practised with respect to an employee by reason of age, race, creed, colour, national or ethnic origin, religious affiliation, sex, sexual orientation, family status, marital status, mental or physical disability, conviction for which a pardon has been granted or membership or activity in the Association.

(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.

**
39.03 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

ARTICLE 40
SEXUAL HARASSMENT

40.01 The Association 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.

(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.

**
40.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with sexual harrassment. The selection of the mediator will be by mutual agreement.

ARTICLE 41
EMPLOYEE PERFORMANCE REVIEWS

**
41.01 An employee shall be given an opportunity to read any formal written review of her performance and to sign the document in question to indicate that its contents have been read and understood, and to comment thereon if she so desires. Upon written request of the employee, a copy of her appraisal form shall be provided to her. An employee's signature on the appraisal form shall be considered to be an indication only that its contents have been read and shall not indicate the employee's concurrence with the statements contained on the form.

41.02 A committee established by the Employer in consultation with the Association will make a fair review, upon the request of the employee concerned, of her performance assessment for pay purposes when such assessment is less than "Fully Satisfactory". Such a request must be made by the employee concerned within thirty (30) days of the employee being notified of her final performance assessment.

PART VI - PAY AND DURATION

ARTICLE 42
PAY

42.01 Except as provided in this Article, the existing terms and conditions governing the application of pay to employees, where applicable, are not affected by this Agreement.

42.02 An employee is entitled to be paid, for services rendered, within the pay range specified in Appendix "A" for the level prescribed in his certificate of appointment issued by or under the authority of the Public Service Commission.

(a) The pay ranges set forth in Appendix "A" shall become effective on the dates specified therein.

(b) Where the rates of pay set forth in Appendix "A" have an effective date prior to the date of signing of the Agreement the following shall apply:

(i) "retroactive period" for the purposes of sub-paragraphs (ii) to (v) means the period commencing on the effective date of the retroactive upward revision in rates of pay and ending on the day the Agreement is signed or when an arbitral award is rendered therefore;

(ii) a retroactive upward revision in rates of pay shall apply to employees, former employees or in the case of death, the estates of former employees who were employees in the bargaining unit during the retroactive period;

(iii) rates of pay shall be paid in an amount equal to what would have been paid had the Agreement been signed or an arbitral award rendered therefor on the effective date of the revision in rates of pay;

(iv) in order for former employees or, in the case of death, for the former employees' representatives to receive payment in accordance with sub-paragraph (b)(iii), the Employer shall notify, by registered mail, such individuals at their last known address that they have 30 days from the date of receipt of the registered letter to request in writing such payment, after which time any obligation upon the Employer to provide payment ceases;

(v) no payment or no notification shall be made pursuant to this paragraph for one dollar or less.

(a) Effective August 1 of each year, commencing August 1^st, 1998, a full-time employee at the FS-2 level shall receive an in-range pay increase equal to four point four percent (4.4%) of his rate of pay or such portion thereof as would bring his rate of pay to the maximum of his pay range, unless his performance is less than fully satisfactory.

(i) any employee covered by the Foreign Service Developmental Pay Structure referred to in clause 42.05,

(ii) any FS-1 employee as of December 31, 1998,

(iii) any FS-2 employee whose salary is at the maximum of his pay range, or

(iv) any salary-protected employee,

(b) The developmental pay structure comprises the four rates of pay specified in Appendix "A". Recruits are expected to progress to the second, third and fourth rates in the developmental pay structure at months 18, 36 and 48, respectively, from the date of appointment into the developmental pay structure. Progression through the pay structure is governed by the Foreign Service Developmental Pay Plan, which does not form part of this Agreement.

Notwithstanding paragraph 42.04(b)(ii), commencing on December 31, 1998, the pay of an employee at the FS-1 level shall be at least equal to the following rates of pay which are based on completed years of experience at that level as of December 31, 1998:

An employee is entitled on promotion to an increase of four percent (4%) in his rate of pay or such greater amount that would bring his rate of pay to the minimum rate of pay for the higher level.

An employee who is required by the Employer to substantially perform and performs the duties of a position which is classified at a higher classification level on an acting basis for a period in excess of four (4) consecutive working days shall be paid acting pay calculated from the date on which he commenced to act as if he had been appointed to that higher classification level for the period he acts.

When an acting assignment is in an Executive (EX) position, the employee is excluded from the application of Article 12 (Overtime).

When a day designated as a paid holiday occurs during the qualifying period, the holiday shall be considered as a day worked for the purpose of the qualifying period.

An employee receiving payments provided under Article12 (Overtime), Article 13 (Call Back), Article 14 (Standby), Article 15 (Designated Paid Holidays) shall not receive more than one compensation for the same service.

**
42.10 If, during the term of this Agreement, a new classification standard for a group is established and implemented by the Employer, the Employer shall, before applying rates of pay to new levels resulting from the application of the standard, negotiate with the Association the rates of pay and the rules affecting the pay of employees on their movement to the new levels.

Upon implementation of a new classification standard, following a written request, an employee at the FS-1 and FS-2 levels shall be entitled to an official statement of the duties and responsibilities of the position to which the employee is assigned, including the position's classification level and where applicable, the point rating allotted by factor to the position.

ARTICLE 43
AGREEMENT RE-OPENER

ARTICLE 44
TERM OF AGREEMENT

**
44.01 The duration of this Agreement shall be from the date it is signed to June 30, 2001.

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

**ARTICLE 45
RELIGIOUS OBSERVANCE

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

45.02 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.

45.03 Notwithstanding clause 45.02, 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.

45.04 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 46
MEDICAL APPOINTMENT FOR PREGNANT EMPLOYEES

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

46.02 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 47
MATERNITY RELATED REASSIGNMENT OR LEAVE

47.01 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.

47.02 An employee's request under clause 47.01 must be accompanied or followed as soon as possible by a medical certificate indicating the expected duration of the potential risk and the activities or conditions to avoid in order to eliminate the risk. Dependent upon the particular circumstances of the request, the Employer may obtain an independent medical opinion.

47.03 An employee who has made a request under clause 47.01 is entitled to continue in her current job while the Employer examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to be immediately assigned alternative duties until such time as the Employer:

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

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

47.05 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.

47.06 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, except if there is a valid reason why that notice cannot be given. Such notice must be accompanied by a new medical certificate.

**APPENDIX "A"

FOREIGN SERVICE GROUP
PAY RANGES
(in dollars)

A) Effective July 1, 1999
B) Effective July 1, 2000
C) Effective August 1, 2000 - Restructure

Employees who have been at the maximum rate of pay for their level for more than twelve (12) months on August 1, 2000, will move to the new maximum rate of pay effective August 1, 2000.


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Foreign Service (FS) 312 (Archived)

ARTICLE 23 MATERNITY LEAVE WITHOUT PAY

ARTICLE 24 PARENTAL LEAVE WITHOUT PAY

PART V - OTHER TERMS AND CONDITIONS OF EMPLOYMENT

ARTICLE 23
MATERNITY LEAVE WITHOUT PAY

ARTICLE 24
PARENTAL LEAVE WITHOUT PAY