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Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
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1.01 The purpose of this Agreement is to maintain harmonious
and mutually beneficial relationships between the Employer, the employees and
the Union, to set forth certain terms and conditions of employment relating to
remuneration, hours of work, employee benefits and general working conditions
affecting employees covered by this Agreement and to ensure that all reasonable
measures are provided for the safety and occupational health of the employees.
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 productivity 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:
**
(a) "the Union" means the National Automobile,
Aerospace, Transportation and General Workers Union of Canada (CAW-TCA Canada),
Local 2182;
(b) "allowance" means compensation payable for the
performance of special or additional duties;
(c) "bargaining unit" means the employees of the
Employer in the Radio Operations Group, Technical Category, as described in the
certificate issued by the Public Service Staff Relations Board on December 18,
1984;
(d) "continuous employment" has the same meaning
as specified in the Public Service Terms and Conditions of Employment
Regulations.
(e) "daily rate of pay" means a full-time
employee's weekly rate of pay divided by five (5);
(f) "day of rest" in relation to an employee means
a day other than a designated paid holiday on which that employee is not
ordinarily required to perform the duties of his position other than by reason
of his being on leave or absent from duty without permission;
(g) "designated paid holiday" means:
(i) in the case of a shift that does not commence and end on the same day,
the twenty-four (24)-hour period commencing from the time at which the shift
commenced on a day designated as a paid holiday in this Agreement,
(ii) in any other case, the twenty-four (24)-hour period commencing at
00:00 hours of a day designated as a paid holiday in this Agreement;
(h) "employee" means an employee as described in the Public
Service Staff Relations Act, and who is a member of the bargaining unit;
(i) "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;
(j) "hourly rate of pay" means a full-time
employee's weekly rate of pay divided by 37.5;
(k) "layoff" means the termination of an
employee's employment because of lack of work or because of the discontinuance
of a function;
(l) "leave" means authorized absence from duty by
an employee during his regular or normal hours of work;
**
(m) "membership dues" means the dues established
pursuant to the constitution of the Union as the dues payable by its members as
a consequence of their membership in the Union, and shall not include any
initiation fee, insurance premium, or special levy;
(n) "remuneration" means pay and allowances;
(o) "weekly rate of pay" means an employee's
annual rate of pay divided by 52.176;
(p) a "common-law spouse" relationship is said to
exist 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
lives and intends to live with that person as if that person were his/her
spouse,
(q) words importing the masculine gender include the feminine gender.
**
(r) "operating employee" means an employee whose
hours of work are scheduled on a rotating or irregular basis.
**
(s) "non-operating employee" means an employee whose
hours of work are not scheduled on a rotating or irregular basis.
and
**
(t) "day" means the twenty-four (24)-hour period
commencing at 00:01 hour.
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 Union,
employees and the Employer.
4.01 Both English and French texts of this Agreement are
official.
5.01 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.
6.01 In the event that any law passed by Parliament,
applying to public servants 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.
7.01 Except to the extent provided herein, this Agreement in
no way restricts the authority of those charged with managerial responsibilities
in the Public Service.
**
8.01 The Employer recognizes the Union as the exclusive
bargaining agent for all employees described in the certificate issued by the
Public Service Staff Relations Board on the 12th day of February,
2001, covering employees of the Radio Operations Group.
**
9.01 The Employer acknowledges the right of the Union to
appoint employees as Representatives.
**
9.02 The Employer and the Union shall determine the
jurisdiction of each Representative having regard to the plan of organization,
the distribution of employees at the workplace and the administrative structure
implied by the grievance procedure.
**
9.03 The Union shall notify the Employer promptly and in
writing of the names of its Representatives. It is mutually understood that the
Union may delegate this responsibility.
9.04 A Representative shall obtain the permission of his
immediate supervisor before leaving his work to investigate with fellow
employees 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 supervisor before resuming his normal
duties.
**
9.05 When an employee is required to attend a meeting the
purpose of which is to render a disciplinary decision concerning him or her, the
employee shall be informed that he or she is entitled to have an authorized
representative of the Union attend the meeting. The unavailability of an
authorized representative will not delay the meeting more than twenty-four (24)
hours from the time of notification to the employee. The authorized
representative's attendance can be satisfied by telephone communication.
**
9.06 At any administrative inquiry, hearing or investigation
conducted by the Employer into an operating irregularity, where the actions of a
Marine Communication and Traffic Services Officer (MCTSO) may have had a bearing
on the events or circumstances leading thereto, and the officer is required to
appear at the administrative inquiry, hearing or investigation being conducted
into such irregularity, he or she shall be informed that he or she is entitled
to be accompanied by an authorized representative of the Union. The
unavailability of the authorized representative will not delay the inquiry,
hearing or investigation more than twenty-four (24) hours from the time of
notification to the employee.
10.01 The parties have agreed that in cases where as a
result of technological change the services of an employee are no longer
required beyond a specified date because of lack of work or the discontinuance
of a function, the National Joint Council Work Force Adjustment agreement
concluded by the parties will apply. In all other cases the following clauses
will apply.
10.02 In this Article "Technological Change"
means:
(a) the introduction by the Employer of equipment or material of a different
nature than that previously utilized;
and
(b) a change in the Employer's operation directly related to the introduction
of that equipment or material.
10.03 Both parties recognize the overall advantages of
technological change and will, therefore, encourage and promote technological
change in the Employer's operations. Where technological change is to be
implemented, the Employer will seek ways and means of minimizing adverse effects
on employees which might result from such changes.
**
10.04 The Employer agrees to provide as much advance notice
as is practicable but, except in cases of emergency, not less than one hundred
and eighty (180) days written notice to the Union of the introduction or
implementation of technological change when it will result in significant
changes in the employment status or working conditions of the employees.
10.05 The written notice provided for in clause 10.04 will
provide the following information:
(a) the nature and degree of change;
(b) the anticipated date or dates on which the Employer plans to effect
change;
(c) the location or locations involved.
**
10.06 As soon as reasonably practicable after notice is
given under clause 10.04, the Employer shall consult with the Union concerning
the effects of the technological change referred to in clause 10.04 on RO
bargaining unit employees. Such consultation will include but not necessarily be
limited to the following:
(a) The approximate number, class and location of employees likely to be
affected by the change.
(b) The effect the change may be expected to have on working conditions or
terms and conditions of employment of employees.
10.07 When, as a result of technological change, the
Employer determines that an employee requires new skills or knowledge in order
to perform the duties of his substantive position, the Employer will make every
reasonable effort to provide the necessary training during the employee's
working hours and at no cost to the employee.
11.01 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 in the bargaining
unit. 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.
**
11.02 The Union shall inform the Employer in advance in
writing of the authorized monthly deduction to be checked off for each employee.
11.03 For the purpose of applying clause 11.01, deductions
from pay for each employee in respect of each calendar month will start with the
first full calendar month of employment to the extent that earnings are
available.
11.04 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.
**
11.05 No employee organization, as defined in Section 2 of
the Public Service Staff Relations Act, other than the Union, shall be
permitted to have membership dues and/or other monies deducted by the Employer
from the pay of employees in the bargaining unit.
**
11.06 The amounts deducted in accordance with clause 11.01
shall normally be remitted to Treasurer of the Union (by cheque) by the
fifteenth (15th) day of the calendar month following the month in
which union dues were deducted, and shall be accompanied by particulars
identifying each employee and deductions on his or her behalf.
11.07 The Employer agrees to continue the past practice of
making deductions for other purposes on the basis of the production of
appropriate documentation.
**
11.08 The Union 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.
**
12.01 The Employer will provide the Union with the following
information on a twice yearly basis pertaining to all employees in the radio
operations bargaining unit:
(a) employee's name;
(b) classification;
(c) location;
(d) list of new employees;
(e) list of employees who left the bargaining unit.
13.01 The Employer agrees to supply each employee with a
copy of the Collective Agreement.
**
14.01 An accredited representative of the Union may be
permitted access to the Employer's premises 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.
**
14.02 The Employer may permit the Union to use the
Employer's premises outside the working hours of the employees for conducting
meetings of their members, where refusal to grant permission would make it
difficult for the Union to convene a meeting. The Union shall insure the orderly
and proper conduct of the members who attend such meetings and agrees to be
responsible for leaving facilities in good order after use.
**
14.03 Reasonable space on bulletin boards will be made
available to the Union for the posting of official Union notices in convenient
locations as determined by the Employer. Notices or other material shall require
the prior approval of the Employer, except notices of meetings of their members
and elections of the Union representatives, the names of the Union
representatives and social and recreational events.
**
14.04 The Employer will also continue its present practice
of making available to the Union specific locations on its premises for the
placement of reasonable quantities of literature of the Union.
**
14.05 Subject to the Employer's Policies on acceptable use
of electronic networks and where the equipment is available, employees shall be
allowed access to a computer at the workplace to access CAW web sites provided
that it does not interfere with the performance of their duties.
15.01 An employee is entitled, once in each fiscal year, to
be informed upon request, of the balance of his vacation and sick leave credits.
15.02 The amount of leave with pay credited to an employee
by the Employer at the time when this Agreement is signed, or at the time when
he becomes subject to this Agreement, shall be retained by the employee.
15.03 An employee shall not be granted two (2) different
types of leave with pay in respect of the same period of time.
15.04 When an employee who is in receipt of a special duty
allowance or an extra duty allowance is granted leave with pay, he is entitled
during his period of leave to receive the allowance if the special or extra
duties in respect of which he is paid the allowance were assigned to him on a
continuing basis, or for a period of two (2) or more months prior to the period
of leave.
15.05 An employee is not entitled to leave with pay during
periods he is on leave without pay, on educational leave or under suspension.
15.06 When an employee becomes subject to this Agreement,
the accrued leave credits shall be converted from days to hours. When this
Agreement ceases to apply to an employee, the accrued leave credits shall be
converted from hours to days on the basis that seven decimal five (7.5) hours
equals one (1) day.
15.07 When leave is granted, it will be granted on an hourly
basis and the hours debited for each day of leave shall be the same as the hours
the employee would normally have been scheduled to work on that day.
16.01 The vacation year shall be from April 1st
to March 31st of the following calendar year, inclusive.
Accumulation of Vacation Leave Credits
**
16.02 An employee shall earn vacation leave credits at the
following rate for each calendar month during which he receives pay for at least
seventy-five (75) hours:
(a) six decimal two five (6.25) hours for an employee who has completed up to
one (1) year of service;
(b) nine decimal three seven five (9.375) hours for an employee who has
completed more than one (1) year of service;
(c) twelve decimal five (12.5) hours commencing with the month in which the
employee's eighth (8th) anniversary of service occurs;
**
(d) thirteen decimal seventy-five (13.75) hours commencing with the month in
which the employee's sixteenth (16th) anniversary of service occurs;
(e) fourteen decimal three seven five (14.375) hours commencing with the
month in which the employee's seventeen (17th) anniversary of service
occurs;
(f) fifteen decimal six two five (15.625) hours commencing with the month in
which the employee's eighteenth (18th) anniversary of service occurs;
**
(g) sixteen decimal eight seven five (16.875) hours commencing with the month in
which the employee's twenty-seventh (27th) anniversary of service
occurs;
**
(h) eighteen decimal seven five (18.75) hours commencing with the month in which
the employee's twenty-eighth (28th) anniversary of service occurs;
(i) For the purpose of clause 16.02 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 (1) year following the date of lay-off.
Entitlement to Vacation Leave With Pay
16.03 An employee is entitled to vacation leave with pay 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.
Scheduling of Vacation Leave With Pay
16.04 An employee shall take vacation leave on the basis of
the schedule he is working. In scheduling vacation leave with pay to an employee
the Employer shall, subject to the operational requirements of the service, make
every reasonable effort:
(a) to schedule the employee his vacation leave during the vacation year in
which it is earned;
(b) to comply with any request made by an employee before January 31 that he
be permitted to use in the following vacation year any period of vacation leave
of thirty (30) hours or more earned by him in the current year;
(c) to ensure that approval of an employee's request for vacation leave is
not unreasonably denied;
(d) to schedule vacation leave on an equitable basis and when there is no
conflict with the interests of the Employer or other employees, according to the
wishes of the employee.
16.05 Where in respect of any period of vacation leave, an
employee is granted:
(a) bereavement leave with pay,
or
(b) leave with pay because of illness in the immediate family,
or
(c) is granted sick leave on production of a medical certificate,
the period of vacation leave so displaced shall either be added to the
vacation period, if requested by the employee and approved by the Employer, or
reinstated for use at a later date.
16.06 Where in any vacation year an employee has not been
granted all of the vacation leave with pay credited to him, the unused portion
of his vacation leave shall be carried over into the following vacation year. In
cases where vacation credits from the previous vacation year have not been fully
utilized by the end of the next vacation year any outstanding carry-over
vacation credits will be paid off in an amount equal to the product obtained by
multiplying the number of hours of such excess vacation leave credits by the
employee's hourly rate of pay as calculated from the classification prescribed
in the certificate of appointment of his substantive position on the last day of
the vacation year.
Recall from Vacation Leave With Pay
**
16.07
(a) The Employer will make every reasonable effort not to recall an employee
to duty after he has proceeded on vacation leave with pay.
(b) Where, during any period of vacation leave with pay an employee is
recalled to duty, he shall be reimbursed for reasonable expenses, as normally
defined by the Employer, that he incurs:
(i) in proceeding to his place of duty,
and
(ii) in returning to the place from which he was recalled if he immediately
resumes vacation upon completing the assignment for which he 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 he is entitled under clause 16.07(b) to be
reimbursed for reasonable expenses incurred by him.
Leave When Employment Terminates
**
16.08 When 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 hours of earned but unused vacation leave with pay
to his credit by the hourly rate of pay as calculated from the classification
prescribed in his certificate of appointment on the date of the termination of
his employment, except that the Employer shall grant the employee any vacation
leave earned but not used by him before the employment is terminated by lay-off
if the employee so requests because of a requirement to meet minimum continuous
employment requirements for severance pay.
16.09 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 leave taken by the employee,
as calculated from the classification prescribed in his certificate of
appointment on the date of the termination of his employment.
16.10 Notwithstanding clause 16.08, an employee whose
employment is terminated by reason of a declaration that he abandoned his
position is entitled to receive the payment referred to in clause 16.08, if he
requests it within six (6) months following the date upon which his employment
is terminated.
Advance Payments
16.11 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.
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 of Vacation Leave
**
16.12 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.
Credits
**
17.01
(a) An employee shall earn sick leave credits at the rate of nine decimal three
seven five (9.375) hours for each calendar month for which he receives pay for
at least seventy-five (75) hours.
(b) A shift worker shall earn additional sick leave credits at the rate of
one decimal twenty-five (1.25) hours for each calendar month during which he or
she works shifts and he or she receives pay for at least seventy-five (75)
hours. Such credits shall not be carried over in the next fiscal year and are
available only if the employee has already used one hundred and twelve decimal
five (112.5) hours of sick leave credits during the current fiscal year.
Granting of Sick Leave
17.02 An employee is eligible for sick leave with pay when
he is unable to perform his duties because of illness or injury provided that:
(a) he satisfies the Employer of this condition in such manner and at such time
as may be determined by the Employer,
and
(b) he has the necessary sick leave credits.
**
17.03 Unless otherwise informed by the Employer, a statement
signed by the employee stating that because of illness or injury he was unable
to perform his duties shall, when delivered to the Employer, be considered as
meeting the requirements of clause 17.02(a).
17.04 Where an employee has insufficient or no credits to
cover the granting of sick leave with pay under the provisions of clause 17.02,
sick leave with pay may, at the discretion of the Employer, be granted:
(a) for a period of up to one hundred eighty-seven decimal five (187.5) hours if
he is awaiting a decision on an application for injury-on-duty leave,
or
(b) for a period of up to one hundred twelve decimal five (112.5) hours in
all other cases,
subject to the deduction of such advanced leave from any sick leave credits
subsequently earned and, in the event of termination of employment for reasons
other than death or lay-off, the recovery of the advance from any monies owed
the employee.
17.05 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.
Complaints made to the Public Service Staff Relations Board Pursuant to
Section 20 of the Public Service Staff Relations Act
**
18.01 When operational requirements permit, the Employer
will grant leave with pay:
(a) to an employee who makes a complaint on his 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 Union making a complaint.
Applications for Certification, Representations and Interventions with
respect to Applications for Certification
**
18.02 When operational requirements permit, the Employer
will grant leave without pay:
(a) to an employee who represents the Union in an application for certification
or in an intervention,
and
(b) to an employee who makes personal representations with respect to a
certification.
**
18.03 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 Union.
Arbitration Board and Conciliation Board Hearings
**
18.04 When operational requirements permit, the Employer
will grant leave with pay to a reasonable number of employees representing the
Union before an Arbitration Board or Conciliation Board.
**
18.05 The Employer will grant leave with pay to an employee
called as witness by an Arbitration Board or Conciliation Board and, when
operational requirements permit, leave with pay to an employee called as a
witness by the Union.
Adjudication
18.06 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
18.07 When operational requirements permit, the Employer
will grant to an employee:
(a) when the Employer originates a meeting with the employee who has presented
the grievance, leave with pay when the meeting is held in the headquarters area
of the employee and on duty status when the meeting is held outside his
headquarters area,
and
(b) when an employee who has presented a grievance seeks to meet with the
Employer, leave with pay to the employee when the meeting is held in the
headquarters area of the employee and leave without pay when the meeting is held
outside his headquarters area.
18.08 When an employee wishes to represent, at a meeting
with the Employer, an employee who has presented a grievance, the Employer will
arrange the meeting having regard to operational requirements, and will grant
leave with pay to the representative when the meeting is held in his
headquarters area and leave without pay when the meeting is held outside his
headquarters area.
**
18.09 Where an employee has asked or is obliged to be
represented by the Union in relation to the presentation of a grievance and an
employee acting on behalf of the Union wishes to discuss the grievance with that
employee, the employee and the representative of the employee will, where
operational requirements permit, be given reasonable leave with pay for this
purpose when the discussion takes place in his headquarters area and reasonable
leave without pay when it takes place outside his headquarters area.
Contract Negotiation Meetings
**
18.10 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 Union.
Preparatory Contract Negotiation Meetings
18.11 When operational requirements permit, the Employer
will grant leave without pay to a reasonable number of employees to attend
preparatory contract negotiation meetings.
Meetings Between the Union and Management Not Otherwise Specified in this
Article
**
18.12 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 Union.
The Union Executive Council Meetings, Congress and Conventions
**
18.13 When operational requirements permit, the Employer
will grant leave without pay to a reasonable number of employees to attend
national executive meetings and conventions of the Union and the Canadian
Federation of Labour.
Representatives' Training Courses
**
18.14 When operational requirements permit, the Employer
will grant leave without pay to employees who exercise the authority of a
Representative on behalf of the Union to undertake training related to the
duties of a Representative. The Employer shall be given a minimum of fifteen
(15) days notice of the commencement of such training course.
Election To Full-Time Office
**
18.15 When operational requirements permit, the Employer
will grant leave of absence without pay to an employee elected to a full-time
office of the Union. The duration of such leave shall be for the period the
employee holds such office.
Union Business
**
18.16 Where operational requirements, as determined by the
Employer, permit, the Employer will grant leave of absence without pay for a
specified period, to an employee appointed by the Union to handle business on
behalf of the Union.
Notice Requirements
18.17 Leave with or without pay for purposes described in
this Article shall be requested in writing to the Employer as far in advance as
possible of the date leave is to commence, but normally not less than fifteen
(15) calendar days in advance.
Marriage Leave With Pay
19.01 After the completion of one (1) year's continuous
employment in the Public Service an employee who gives the Employer at least
five (5) days' notice, shall be granted thirty-seven decimal five (37.5) hours
leave with pay for the purpose of getting married.
Bereavement Leave With Pay
**
19.02 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, grandparent, father-in-law, mother-in-law, grandchild and relative
permanently residing in the employee's household or with whom the employee
permanently resides.
(a) When a member of his immediate family dies, an employee shall be entitled to
a bereavement period of five (5) consecutive calendar days, including the day of
the funeral. During such period he shall be paid for those days which are not
regularly scheduled days of rest for that employee. In addition, the employee
may be granted up to three (3) days' leave with pay for the purpose of travel
related to the death.
(b) An employee is entitled to up to one (1) day's bereavement leave with pay
for the purpose related to the death of his son-in-law, daughter-in-law,
brother-in-law or sister-in-law.
(c) If, during a period of compensatory leave, an employee is bereaved in
circumstances under which he would have been eligible for leave under paragraph
19.02(a) or (b) of this clause, he shall be granted leave and his compensatory
leave credits shall be restored to the extent of any concurrent leave granted.
(d) It is recognized by the parties that the circumstances which call for
leave in respect of bereavement are based on individual circumstances; on
request, the Deputy Head of a department may, after considering the particular
circumstances involved, grant leave with pay for a period greater than that
provided for in paragraphs 19.02(a) and (b).
Court Leave with Pay
19.03 The Employer shall grant leave with pay to an employee
for the period of time he is compelled:
(a) to be available for jury selection;
(b) to serve on a jury;
or
(c) by subpoena, summons or other legal instrument to attend as a witness in
any proceeding held:
(i) in or under the authority of a court of justice or before a grand jury,
(ii) before a court, judge, justice, magistrate or coroner,
(iii) before the Senate or House of Commons of Canada, or a committee of
the Senate or House of Commons, otherwise than in the performance of the
duties of his position,
(iv) before a legislative council, legislative assembly or house of
assembly, or any committee thereof that is authorized by law to compel the
attendance of witnesses before it;
or
(v) before an arbitrator or umpire or a person or body of persons
authorized by law to make an inquiry and to compel the attendance of witnesses
before it.
Personnel Selection Leave With Pay
19.04 Where an employee participates in a personnel
selection process for a position in the Public Service, as defined in the Public
Service Staff Relations Act, the employee is entitled to leave with pay for
the period during which the employee's presence is required for purposes of the
selection process, and for such further period as the Employer considers
reasonable for the employee to travel to and from the place where his presence
is so required. This clause applies equally in respect of the personnel
selection process related to deployment.
Maternity Leave Without Pay
19.05
(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 17,
Sick Leave With Pay. For purposes of this subparagraph, the terms
"illness" or "injury" used in Article 17, 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.
19.06 Maternity Allowance
**
(a) An employee who has been granted maternity leave without pay shall be paid a
maternity allowance in accordance with the terms of the Supplemental
Unemployment Benefit (SUB) Plan described in paragraph (c) to (j), provided that
she:
(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 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 section (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
19.06(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.
19.07 Special Maternity Allowance for Totally-Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in subparagraph
19.06(a)(ii) solely because a concurrent entitlement to benefits under the
Disability Insurance (DI) Plan, the Long-term Disability (LTD) Insurance
portion of the Public Service Management Insurance Plan (PSMIP) or the Government
Employees Compensation Act prevents her from receiving Employment
Insurance pregnancy benefits,
and
(ii) has satisfied all of the other eligibility criteria specified in
paragraph 19.06(a), other than those specified in sections (A) and (B) of
subparagraph 19.06(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
19.06 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).
19.08 Parental Leave Without Pay
**
(a) Where an employee has or will have the actual care and custody of a new-born
child (including the new-born child of a common-law spouse), the employee shall,
upon request, be granted parental leave without pay for a single period of up to
thirty-seven (37) consecutive weeks in the fifty-two (52) week period beginning
on the day on which the child is born or the day on which the child comes into
the employee's care.
**
(b) Where an employee commences legal proceedings under the laws of a province
to adopt a child or obtains an order under the laws of a province for the
adoption of a child, the employee shall, upon request, be granted parental leave
without pay for a single period of up to thirty-seven (37) consecutive weeks in
the fifty-two week (52) period beginning on the day on which the child comes
into the employee's care.
(c) Notwithstanding paragraphs (a) and (b):
(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 new-born 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.
19.09 Parental Allowance
**
(a) An employee who has been granted parental leave without pay, shall be paid a
parental allowance in accordance with the terms of the Supplemental Unemployment
Benefit (SUB) Plan described in paragraphs (c) to (j), providing he or she:
(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 19.06(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 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
19.10(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.
19.10 Special Parental Allowance for Totally Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in subparagraph
19.09(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 19.09(a), other than those specified in sections (A) and (B) of
subparagraph 19.09(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
19.09 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).
Injury-on-duty Leave With Pay
19.11 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 Workers' Compensation authority has notified the Employer that it has
certified that the employee is unable to work because of:
(a) personal injury received in the performance of his 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
his employment,
if the employee 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.
Leave For Other Reasons
19.12 At its discretion, the Employer may grant:
(a) leave with pay when circumstances not directly attributable to the
employee prevent his reporting for duty. Such leave shall not be unreasonably
withheld;
(b) leave with or without pay for purposes other than those specified in this
Agreement.
**
Personal Leave
(c) (i) 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.
(ii) 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.
Leave with Pay for Family-Related Responsibilities
**
19.13
(a) For the purpose of this clause, family is defined as spouse (or
common-law spouse resident with the employee), children (including foster
children, 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.
(b) The Employer shall grant leave with pay under the following
circumstances:
(i) an employee is expected to make every reasonable effort to schedule
medical or dental appointments for family members to minimize or preclude his
absence from work; however, when alternative arrangements are not possible, an
employee shall be granted up to the employee's regularly scheduled daily hours
of work for a medical or dental appointment when the family member is
incapable of attending the appointment by himself, or for appointments with
appropriate authorities in schools or adoption agencies. An employee
requesting leave under this provision must notify his supervisor of the
appointment as far in advance as possible;
(ii) up to thirty-seven and one-half (37 1/2) consecutive hours of leave
with pay to provide for the immediate and temporary care of a sick or elderly
member of the employee's family and to provide an employee with time to make
alternative care arrangements where the illness is of a longer duration;
(iii) leave with pay in an amount equal to twice the employee's regularly
scheduled daily hours of work for needs directly related to the birth or to
the adoption of the employee's child. This leave may be divided into two (2)
periods and granted on separate days.
(c) The total leave with pay which may be granted under sub-paragraphs
(b)(i), (ii) and (iii) shall not exceed thirty-seven decimal five (37.5) hours
in a fiscal year.
Leave without Pay for the Care and Nurturing of Pre-School Age Children
19.14 Subject to operational requirements an employee shall
be granted leave without pay for the care and nurturing of the employee's
pre-school age children in accordance with the following conditions:
(a) an employee shall notify the Employer in writing four (4) weeks in
advance of the commencement date of such leave;
(b) leave granted under this clause shall be for a minimum period of six (6)
weeks;
(c) the total leave granted under this clause shall not exceed five (5) years
during an employee's total period of employment in the Public Service;
(d) leave which is for a period of more than three (3) months, granted under
this clause, shall be deducted from the calculation of "continuous
employment" for the purpose of calculating severance pay; and
(e) time spent on such leave shall not be counted for pay increment purposes.
Leave Without Pay for Family-Related Needs
19.15 Leave without pay will be granted for family-related
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 family-related needs.
(b) Subject to operational requirements, leave without pay of more than three
(3) months but not exceeding one (1) year will be granted to an employee for
family-related needs.
(c) An employee is entitled to leave without pay for family-related needs
only once under each of (a) and (b) of this clause during his 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 vacation leave. Time spent on such leave shall 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 vacation leave for the employee involved. Time
spent on such leave shall not be counted for pay increment purposes.
Leave without Pay for Relocation of Spouse
19.16
(a) At the request of an employee, leave without pay for a period up to one
(1) year shall be granted to an employee whose spouse 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 Association 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.
**
Volunteer Leave
19.17 Subject to operational requirements as determined by
the Employer and with an advance notice of at least five (5) working days, the
employee shall be granted, in each fiscal year, one (1) day of leave with pay to
work as a volunteer for a charitable or community organization or activity,
other than for activities related to the Government of Canada Workplace
Charitable Campaign.
The leave will be scheduled at times convenient both to the employee and the
Employer. Nevertheless, the Employer shall make every reasonable effort to grant
the leaves at such times as the employee may request.
|
