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however, an employee whose specified period of employment expired and who is rehired by the same department within a period of five (5) days or less is not indebted for the amount if her new period of employment is sufficient to meet the obligations specified in section (B). (b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C). ** (c) Maternity allowance payments made in accordance with the SUB Plan will consist of the following: (i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance pregnancy benefits, ninety-three per cent (93%) of her weekly rate of pay and the recruitment and retention "terminable allowance" 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 and the recruitment and retention "terminable allowance" 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 17.04(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance pregnancy benefits. (e) The maternity allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that she may be required to repay pursuant to the Employment Insurance Act. (f) The weekly rate of pay referred to in paragraph (c) shall be: (i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity leave without pay, (ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity leave, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period. ** (g) The weekly rate of pay referred to in paragraph (f) shall be the rate and the recruitment and retention "terminable allowance" 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 and the recruitment and retention "terminable allowance" 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. 17.05 Special Maternity Allowance for Totally Disabled Employees** (a) An employee who:(i) fails to satisfy the eligibility requirement specified in subparagraph 17.04(a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Long Term Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or the Government Employees Compensation Act prevents her from receiving Employment Insurance pregnancy benefits, and (ii) has satisfied all of the other eligibility criteria specified in paragraph 17.04(a), other than those specified in sections (A) and (B) of subparagraph 17.04(a)(iii), shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93%) of her weekly rate of pay and the recruitment and retention "terminable allowance", 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 17.04 for a combined period of no more than the number of weeks during which she would have been eligible for pregnancy benefits pursuant to Section 22 of the Employment Insurance Act had she not been disqualified from Employment Insurance pregnancy benefits for the reasons described in subparagraph (a)(i). Transitional Provision for 17.06 and 17.07 - Removed 17.06 Parental Leave Without Pay(a) Where an employee has or will have the actual care and custody of a new-born child (including the new-born child of a common-law 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 (52) week 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 child is hospitalized, the period of parental leave without pay specified in the original leave request may be extended by a period equal to that portion of the period of the child's hospitalization during which the employee was not on parental leave. However, the extension shall end not later than fifty-two (52) weeks after the day on which the child comes into the employee's care. (d) An employee who intends to request parental leave without pay shall notify the Employer at least four (4) weeks in advance of the expected date of the birth of the employee's child (including the child of a common-law spouse), or the date the child is expected to come into the employee's care pursuant to paragraphs (a) and (b). (e) The Employer may: (i) defer the commencement of parental leave without pay at the request of the employee; (ii) grant the employee parental leave without pay with less than four (4) weeks' notice; (iii) require an employee to submit a birth certificate or proof of adoption of the child. (f) Parental leave without pay taken by a couple employed in the Public Service shall not exceed a total of thirty-seven (37) weeks for both individuals combined. For the purpose of this paragraph, Public Service means any portion of the Public Service of Canada specified in Part I of Schedule I of the Public Service Staff Relations Act. (g) Leave granted under this clause shall count for the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave shall count for pay increment purposes. 17.07 Parental Allowance(a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he: (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 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 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 17.04(a)(iii)(B), if applicable; (C) should he fail to return to work in accordance with section (A) or should he 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 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 (5) days or less is not indebted for the amount if his 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 and the recruitment and retention "terminable allowance" 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 is eligible to receive and ninety-three per cent (93%) of his weekly rate of pay and the recruitment and retention "terminable allowance" less any other monies earned during this period which may result in a decrease in Employment Insurance benefits to which he 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 17.07(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI parental benefits. (e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he 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 and the recruitment and retention "terminable allowance" 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 and the recruitment and retention "terminable allowance" 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. 17.08 Special Parental Allowance for Totally Disabled Employees** (a) An employee who: (i) fails to satisfy the eligibility requirement specified in subparagraph 17.07(a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Long-term Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or via the Government Employees Compensation Act prevents the employee from receiving Employment Insurance parental benefits, and (ii) has satisfied all of the other eligibility criteria specified in paragraph 17.07(a), other than those specified in sections (A) and (B) of subparagraph 17.07(a)(iii), shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93%) of the employee's rate of pay and the recruitment and retention "terminable allowance", and the gross amount of his weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act. (b) An employee shall be paid an allowance under this clause and under clause 17.07 for a combined period of no more than the number of weeks during which the employee would have been eligible for parental benefits pursuant to Section 23 of the Employment Insurance Act, had the employee not been disqualified from Employment Insurance parental benefits for the reasons described in subparagraph (a)(i). **APPENDIX "E"MEMORANDUM OF UNDERSTANDING
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RECRUITMENT ALLOWANCE |
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In the month of hiring: $2,250 |
At the end of the twelve (12) months after hiring: $2,250 |
(b) Only full-time indeterminate employees and full-time employees hired for term of twelve (12) month or more are eligible for this allowance.
(c) For the purpose of this allowance "full-time" employee means an employee whose regularly scheduled hours of work average thirty-seven decimal five (37.5) hours per week yearly.
(d) Employees can only become eligible for the second payment of this allowance after they have received ten (10) days' pay per calendar month for twelve (12) calendar months continuous or discontinuous.
(e) The Recruitment Allowance specified above does not form part of an employee's salary.
(f) Employees whose employment ends prior to the end of the 12 months period mentioned in (a) shall not be entitled to the second payment of this allowance.
3. Definitions
(a) "Remote community (type 1)" means a community with no scheduled flights, minimal telephone or radio services and no road access (« communauté éloignée »).
(b) "Isolated community (type 2)" means a community with scheduled flights, good telephone services and no year round road access (« communauté isolée »).
(c) The list of remote and isolated communities can be found in Health Canada's Community Workload Increase System (CWIS).
4. The Institute agrees that the Employer may extend this allowance to Health Canada NU-CHNs in a semi-isolated community (type 3 - as defined in Health Canada's CWIS list), when the Employer is of the opinion that extending such allowance is needed.
5. An employee may receive this allowance and that of Appendix "G"- Expanded Role Allowance and Appendix "H" - Nurse-in-Charge Allowance, as long as he meets the provisions of such appendixes.
6. An employee may not receive this allowance and the retention allowance in Appendix "F" during the same twelve (12) month period.
7. This allowance can only be paid once during his total period of employment in the Public Service.
8. The parties agree that disputes arising from the application of this Memorandum of Understanding may be subject to consultation.
9. This Memorandum of Understanding takes effect on 1 January 2002 and expires on 30 September 2003.
SIGNED AT OTTAWA, this 28th day of the month of November 2002.
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THE TREASURY BOARD OF CANADA |
THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OFCANADA |
1.
(a) In an effort to resolve retention problems, the Employer will provide an allowance to Health Canada NU-CHNs permanently assigned in nursing stations situated in remote and isolated First Nations communities (type 1 and 2) for the performance of NU-CHN duties in the Health Services group.
(b) This allowance also applies to NU-CHN-5 Practice Consultants whose regular duties of their position requires them to utilize the skills of the expanded scope of practice while working with nurses employed in these communities. The allowance also applies to the NU-CHN-5 Assistant Zone Nursing Officers who supervise nurses employed in remote and isolated (type 1 and 2) communities.
2. The parties agree that NU-CHN employees who perform the duties of positions identified above shall be eligible to receive a "Terminable Allowance" in the following amounts and subject to the following conditions:
(a) Commencing the first (1st) day of the month following the month during which this agreement is signed and ending 30 September 2003, NU employees who perform the duties of the positions identified above shall be eligible to receive an allowance to be paid biweekly;
(b) the employee shall receive the daily amount shown below for each calendar day for which the employee is paid pursuant to Appendix "A" of the collective agreement. This daily amount is equivalent to the annual amount set out below for each position and level divided by two hundred and sixty decimal eighty-eight (260.88);
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TERMINABLE ALLOWANCE |
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Annual Amount |
Daily Amount |
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NU-CHN |
$4,500 |
$17.25 |
(c) The Terminable Allowance specified above does not form part of an employee's salary.
(d) The Allowance shall not be paid to or in respect of a person who ceased to be a member of the bargaining unit prior to the date of signing of this Agreement.
(e) Only indeterminate employees and employees hired for term of 12 months or more are eligible for this allowance.
(f) Employees can only become eligible for this allowance after they have received ten (10) days' pay per calendar month for 12 calendar months continuous or discontinuous.
4. Definitions
(a) "Remote community (type 1)" means a community with no scheduled flights, minimal telephone or radio services and no road access (« communauté éloignée »).
(b) "Isolated community (type 2)" means a community with scheduled flights, good telephone services and no year round road access (« communauté isolée »).
(c) The list of remote and isolated communities can be found in Health Canada's Community Workload Increase System (CWIS).
5. The Institute agrees that the Employer may extend this allowance to Health Canada NU-CHNs in a semi-isolated community (type 3 - as defined in Health Canada's CWIS list), when the Employer is of the opinion that extending such allowance is needed.
6. The terminable allowance will cease where an employee is assigned or temporarily appointed to duties with no responsibility within or for types 1 and 2 communities, for the duration of the assignment or temporary appointment. Employees participating on Clinical Skills training outside the type 1 or 2 community will continue to receive the terminable allowance for the period they are on training.
7. An employee shall not be entitled to the Allowance for periods he is on leave without pay or under suspension.
8. An employee may receive both this allowance and that of Appendix "G" - Expanded Role Allowance and Appendix "H" - Nurse-in-Charge, as long as he meets the provisions of both appendixes.
9. An employee may not receive this allowance and the recruitment allowance in Appendix "E" during the same twelve (12) month period.
10. The parties agree that disputes arising from the application of this Memorandum of Understanding may be subject to consultation.
11. This Memorandum of Understanding takes effect on 1 January 2002 and expires on 30 September 2003.
SIGNED AT OTTAWA, this 28th day of the month of November 2002.
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THE TREASURY BOARD OF CANADA |
THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA |
1.
(a) In an effort to recognize their expanded professional role, the Employer will provide an allowance to Health Canada NU-CHN-2, NU-CHN-3 AND NU-CHN-4 employees in nursing stations situated in remote and isolated First Nations communities (type 1 and 2) for the performance of expanded professional role.
(b) This allowance also applies to NU-CHN-5 Practice Consultants whose regular duties of their position requires them to utilize the skills of the expanded scope of practice while working with nurses employed in these communities.
2. The parties agree that employees who perform the duties of positions identified above shall be eligible to receive an allowance in the following amounts and subject to the following conditions:
(a) Commencing the first (1st) day of the month following the month during which this agreement is signed NU employees who perform the duties of the positions identified above shall be eligible to receive an allowance to be paid biweekly;
(b) the employee shall receive the daily amount shown below for each calendar day for which the employee is paid pursuant to Appendix "A" of the collective agreement. This daily amount is equivalent to the annual amount set out below for each position and level divided by two hundred and sixty decimal eighty-eight (260.88);
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EXPANDED PROFESSIONAL ROLE ALLOWANCE |
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Annual Amount: $6,000 |
Daily Amount: $23.00 |
(c) The Allowance specified above does not form part of an employee's salary.
(d) The Allowance shall not be paid to or in respect of a person who ceased to be a member of the bargaining unit prior to the date of signing of this Agreement.
3. A part-time employee shall be paid the daily amount shown above divided by seven decimal five (7.5), for each hour paid at his hourly rate of pay pursuant to clause 39.03.
4. Definitions
(a) "Remote community (type 1)" means a community with no scheduled flights, minimal telephone or radio services and no road access (« communauté éloignée »).
(b) "Isolated community (type 2)" means a community with scheduled flights, good telephone services and no year round road access (« communauté isolée »).
(c) The list of remote and isolated communities can be found in Health Canada's Community Workload Increase System (CWIS).
5. The Institute agrees that the Employer may extend this allowance to Health Canada NU-CHNs in a semi-isolated community (type 3 - as defined in Health Canada's CWIS list), when the Employer is of the opinion that extending such allowance is needed.
6. As long as he meets the provisions of all relevant appendixes, an employee may receive:
(a) this allowance and that of Appendix "E" - Recruitment Allowance and/or Appendix "H" - Nurse-in-Charge Allowance.
or
(b) this allowance and that of Appendix "F"- Retention Allowance and/or Appendix "H"- Nurse-in-Charge Allowance.
7. NU-CHNs Currently in Receipt of the Allowance
(a) NU-CHNs currently in receipt of the allowance at the time of signing who have not successfully completed an approved clinical skills training program will have to go on the first available course offered. The Employer will endeavour to provide reasonable notice to the employees.
(b) If the employee refuses to go on the course without a reason deemed acceptable by the Employer, the employee will cease to be eligible for this allowance. Once this employee has completed the clinical course he will become eligible again for this allowance.
(c) Employees currently in receipt of the allowance when being sent on the clinical skills training program will continue to receive the allowance.
8. Every effort will be made by the Employer to ensure that those nurses required to perform the expanded role will have access to the Clinical Skills Training Program within one year of appointment.
9. An employee shall not be entitled to the allowance for periods he is on leave without pay or under suspension.
10. The parties agree that disputes arising from the application of this Memorandum of Understanding may be subject to consultation.
SIGNED AT OTTAWA, this 28th day of the month of November 2002.
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THE TREASURY BOARD OF CANADA |
THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA |
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