Health Services (DE, ND, MD, NU, OP, PH, PS, SW, VM) 207/213/217/219/220/221/223/226/228 (Archived)

(i) For employees engaged in non-shift work, the normal work week shall be thirty-seven and one-half (37 1/2) hours and the normal work day shall be seven and one-half (7 1/2) consecutive hours, exclusive of a meal period, between the hours of 7 a.m. and 6 p.m.

(ii) When normal hours, other than those provided in subparagraph 8.02(b)(i), are in existence when this Agreement is signed, the Employer, on request, will consult with the Institute on such hours of work and in such consultation establish that such hours are required to meet the needs of the public and/or the efficient operation of the service. Where normal hours are to be changed so that they are different from those specified in paragraph 8.02(b), the Employer, except in cases of emergency, will consult in advance with the Institute on such hours of work and, in such consultation, will establish that such hours are required to meet the needs of the public and/or the efficient operation of the Service.

(iii) It is understood that consultation may be held at the local level and will be referred to the appropriate Employer and Institute levels before implementation.

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

(v) When operational requirements permit, an employee shall not be scheduled to work in excess of fifty-two and one-half (52 1/2) hours without at least two (2) consecutive days of rest

Clauses 8.08 to 8.25 apply only to NU employees on shift work

8.09 Scheduled Work Week and Scheduled Work Day

(i) an average of thirty-seven and one-half (37 1/2) hours per week,

and

(ii) an average of five (5) days per week;

(i) notwithstanding subparagraph 8.09(a)(ii) and paragraph 8.09(b), upon the request of a three-quarter majority of the employees affected and with the concurrence of the Employer, hours of work may be modified provided no shift exceeds twelve (12) hours or is less than seven and one-half (7 1/2) hours;

(ii) implementation of subparagraph 8.09(e)(i) is subject to article 46, Variations in hours of work.

8.13

(c) It is understood by the parties that the provisions of clause 8.12 will not be applicable in respect of employees whose work week is less than thirty-seven and one-half (3 1/2) hours per week.

8.18 An employee who normally rotates shifts shall be scheduled to work the majority of shifts on day duty whenever possible. For purposes of verification, a period of twelve (12) complete weeks commencing with the start of a shift schedule will be used or such longer period as may be mutually agreeable with the staff concerned.

8.20

(a) An employee who is required to change his scheduled shift without receiving at least seventy-two (72) hours' notice in advance of the starting time of such change in the scheduled shift, shall be paid for the first (1^st) shift worked on the revised schedule at the rate of time and one-half (1 1/2). Subsequent shifts worked on the revised schedule shall be paid for at the hourly rate of pay.

(b) In addition, where an employee reports for work without notice of a change in his shift schedule, the employee shall receive four (4) hours' pay at straight-time, should his service not be required.

(c) When a change in the shift schedule is required, the Employer shall make every reasonable effort to personally notify employees on leave before they return to work.

8.26 Shift Principle

(a) When a full-time employee is required to attend one of the following proceedings outside a period which extends before or beyond three (3) hours his scheduled hours of work on a day during which he would be eligible for a shift premium, the employee may request that his hours of work on that day be scheduled between 7 a.m. and 6 p.m.

(i) Public Service Staff Relations Board Proceedings

Clauses 30.01, 30.02, 30.04, 30.05 and 30.06.

(ii) Contract Negotiation and Preparatory Contract Negotiation Meetings

Clauses 30.10 and 30.11.

(iii) Personnel Selection Process

Article 17.14.

(iv) To write Provincial Certification Examinations which are a requirement for the continuation of the performance of the duties of the employee's position.

(v) Training Courses which the employee is required to attend by the Employer.

(b) In no case will the employee be required to report back for work on his next scheduled work period without at least twelve (12) hours of rest; nor will the employee lose any portion of his regular pay because the employee reported for work later than the scheduled start of the shift.

(d) Notwithstanding paragraph (c), proceedings described in sub-paragraph 8.26(a)(v) are not subject to the condition that there be no increase in cost to the Employer.

ARTICLE 9
OVERTIME

9.06

(a) An employee who works three (3) or more hours of overtime immediately before or immediately following his scheduled hours of work shall be reimbursed for one meal in the amount of nine dollars fifty ($9.50), except where free meals are provided. Reasonable time with pay to be determined by the Employer shall be allowed the employee in order to take a meal either at or adjacent to his place of work.

(b) When an employee works overtime continuously extending four (4) hours or more beyond the period provided in (a) above, the employee shall be reimbursed for one additional meal in the amount of nine dollars fifty ($9.50) except where free meals are provided. Reasonable time with pay, to be determined by the Employer, shall be allowed the employee in order that he may take a meal break either at or adjacent to his place of work.

9.07

(a) Subject to operational requirements of the service and except in case of emergency, the Employer shall make every reasonable effort to allocate overtime work on an equitable basis among readily available employees who are deemed qualified by the Employer.

(b) Provided provisions of paragraph 9.07(a) are met, the Employer endeavours to allocate overtime first to those employees who have indicated a willingness to work overtime.

ARTICLE 12
DESIGNATED PAID HOLIDAYS

12.05 Compensation for Work on a Designated Paid Holiday

Paragraph 12.05(a) does not apply to the NU group

(a) Compensation for work on a designated paid holiday will be in accordance with Article 9, Overtime.

Paragraphs 12.05(b) and 12.05(c) apply only to the NU Group

On a designated paid holiday, an employee shall be entitled, in addition to the pay he would have been granted had he not worked on the holiday:

(i)

(A) one and one-half (1/2) times his hourly rate of pay for the first seven and one-half (7 1/2) hours worked;

and

(B) two (2) times his hourly rate of pay for hours worked in excess of seven and one-half (7 1/2) hours;

(ii) when an employee works on a holiday following a day of rest on which the employee also worked and received overtime in accordance with subparagraph 9.01(a)(ii), two (2) times his hourly rate of pay for all time worked.

(i)

(A) in cash;

(B) upon request and with the approval of the Employer, in the form of compensatory leave with pay. Compensatory leave earned in a fiscal year and outstanding on 30 September of the next following fiscal year shall be paid at the employee's daily rate of pay on 30 September;

(I) leave with pay (straight-time rate of pay) to be taken at a later date comprising;

a day (7 1/2 hours) in lieu of the holiday;

(II) plus, if the employee's normal scheduled daily hours are greater than seven and one-half (7 1/2) hours, the number of hours equal to the difference between the employee's normal scheduled daily hours and seven and one-half (7 1/2) hours;

and

(III) payment in cash for the entitlement not already compensated under 12.05(c)(i)(C)(I).

(ii) Subject to operational requirements and adequate advance notice, the Employer shall grant leave with pay mentioned in 12.05(c)(i)(C) at such times as the employee may request.

(iii) When in a fiscal year an employee has not been granted all of his leave with pay mentioned in 12.05(c)(i)(C) as requested by him such leave shall be carried over for one (1) year at the employee's request.

(iv) In the absence of such request, unused leave with pay shall be paid off at the employee's straight-time rate of pay in effect when the leave with pay was earned.

12.07 Subject to operational requirements, when an employee works both Christmas Day and Boxing Day of the same year, the Employer will endeavour not to schedule the employee for the same days in the following year, provided there is no additional cost to the Employer and unless otherwise requested by the employee.

ARTICLE 13
TRAVELLING TIME

13.09 Travel Status Leave

(a) An employee who is required to travel outside his headquarters area on government business, as these expressions are defined by the Employer, and is away from his permanent residence for forty (40) nights during a fiscal year shall be granted one (1) day off with pay. The employee shall be credited with one additional day off for each additional twenty (20) nights that the employee is away from his permanent residence to a maximum of eighty (80) additional nights.

(b) The maximum number of days off earned under this clause shall not exceed five (5) days in a fiscal year and shall accumulate as compensatory leave with pay.

(d) The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars.

ARTICLE 15
VACATION LEAVE

15.02 Accumulation of Vacation Leave Credits

Paragraph 15.02(a) applies only to the MD Group

(a) one decimal sixty-seven (1.67) days until the month in which the employee's sixteen (16^th) anniversary of service occurs;

(d) one decimal eighty-four (1.84) days commencing with the month in which the employee's sixteenth (16^th) anniversary of service occurs;

(g) two decimal twenty-five (2.25) days per month commencing with the month in which the employee's twenty-seventh (27^th) anniversary of service occurs.

(h) two decimal five (2.5) days per month commencing with the month in which the employee's twenty-eighth (28^th) anniversary of service occurs.

15.05 Approval, denial or cancellation of a request for Vacation Leave

The Employer shall give an employee as much notice as is practicable and reasonable of approval, denial or cancellation of a request for vacation or furlough leave. In the case of denial, alteration or cancellation of such leave, the Employer shall give the written reason thereof, upon written request from the employee.

ARTICLE 17
OTHER LEAVE WITH OR WITHOUT PAY

17.02 Bereavement Leave With Pay

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), grandchild, grandparent, stepchild or ward of the employee, father-in-law, mother-in-law, and any other relative permanently residing in the employee's household or with whom the employee permanently resides.

(i) shall be entitled to a bereavement period of five (5) consecutive calendar days which must include the day of the funeral. During such period the employee shall be paid for those days which are not regularly scheduled days of rest;

(ii) 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 the employee's son-in-law, daughter-in-law, brother-in-law or sister-in-law.

Transitional Provision for 17.04

If, on the date of signature of the Memorandum of Agreement modifying the provisions of clause 17.04, 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 clause. Any application must be received before the termination date of the leave period originally requested.

17.04 Maternity Allowance

(C) should she fail to return to work in accordance with section (A), or should she return to work but fail to work for the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, she will be indebted to the Employer for an amount determined as follows:

(allowance received)	X	(remaining period to be worked following her return to work)
		[total period to be worked as specified in (B)]

however, an employee whose specified period of employment expired and who is rehired by the same department within a period of five (5) days or less is not indebted for the amount if her new period of employment is sufficient to meet the obligations specified in section (B).

(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).

Transitional Provision for 17.06 and 17.07

If, on the date of signature of the Memorandum of Agreement modifying the provisions of clauses 17.06 and 17.07, 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 shall upon request be entitled to the provisions of these clauses. Any application must be received before the termination date of the leave period originally requested.

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 week (52) period beginning on the day on which the child comes into the employee's care.

(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.

17.07 Parental Allowance

(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:

(allowance received)	X	(remaining period to be worked following his/her return to work)
		[total period to be worked as specified in (B)]

however, an employee whose specified period of employment expired and who is rehired by the same department within a period of five (5) days or less is not indebted for the amount if his new period of employment is sufficient to meet the obligations specified in section (B).

Transitional Provisions for 17.09

This clause is applicable to employees who have been granted Leave Without Pay for the Care and Nurturing of Pre-School Age Children or Leave Without Pay for the Long-Term Care of a Parent on or after the date of signature of this agreement, and have proceeded on leave.

(a) An employee who, on the date of signature of this agreement, is on Leave Without Pay for the Care and Nurturing of Pre-School Age Children (clause 17.09) or on Leave Without Pay for the Long-Term Care of a Parent (clause 17.13) under the terms of the agreement expired on 30 September 2000, continues on that leave for the approved duration or until the employee's return to work, if the employee returns to work before the end of the approved leave.

(b) An employee who becomes a member of the bargaining unit on or after the date of signature of this agreement and who is on Leave Without Pay for the Care and Nurturing of Pre-School Age Children or on Leave Without Pay for the Long-Term Care of a Parent under the terms of another agreement, continues on that leave for the approved duration or until the employee's return to work, if the employee returns to work before the end of the approved leave.

17.09 Leave Without Pay for the Care of Immediate Family

Subject to operational requirements, an employee shall be granted leave without pay for family-related needs in accordance with the following conditions:

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

(b) Subject to paragraph (a), up to five (5) years leave without pay during an employee's total period of employment in the Public Service may be granted for the personal long-term care of the employee's family. Leave granted under this paragraph shall be for a minimum period of three (3) weeks.

(c) An employee shall notify the Employer in writing as far in advance as possible but not less than four (4) weeks in advance of the commencement date of such leave, unless, because of urgent or unforeseeable circumstances, such notice cannot be given.

(d) Leave granted under this clause for a period of more than three (3) months shall be deducted from the calculation of continuous employment for the purposes of calculating severance pay and from the calculation of service for the purposes of calculating vacation leave.

(f) Leave granted under Leave Without Pay for the Care and Nurturing of Pre-School Age Children or under Leave Without Pay for the Long-Term Care of a Parent under the terms of other agreements will not count towards the calculation of the maximum amount of time allowed for Care of Immediate Family during an employee's total period of employment in the Public Service.

17.12 Leave With Pay for Family-Related Responsibilities

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

(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 alternate arrangements are not possible an employee shall be granted up to one (1) day for a medical or dental appointment when the family member is incapable of attending the appointment by himself or herself, 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;

(iii) two (2) day's leave with pay 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;

17.18 Maternity-related Reassignment or Leave

(g) Notwithstanding paragraph (e), for an employee working in an institution at Correctional Service Canada where she is in direct and regular contact with offenders and for Health Canada NU-CHNs permanently assigned in nursing stations situated in remote and isolated First Nations communities (type 1 and 2 according to Health Canada's Community Workload Increase System (CWIS)) and NU-HOS of Ste-Anne de Bellevue Hospital who provide direct and regular health care to patients, if 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 with pay to the employee for the duration of the risk as indicated in the medical certificate. However, such leave shall end no later than at the time the employee proceeds on Maternity Leave Without Pay or the termination date of the pregnancy, whichever comes first.

17.20 Volunteer Leave

(a) 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;

(b) 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 leave at such times as the employee may request.

17.21 Other Leave With Pay

Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, one (1) day of leave with pay for reasons of a personal nature.

The leave will be scheduled at times convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such times as the employee may request.

ARTICLE 27
USE OF EMPLOYER FACILITIES

27.02 Bulletin Boards

(b) In Health Canada nursing stations and health centres, the Employer agrees the Institute can use the fax machines for the purpose stipulated in paragraph 27.02(a), subject to the same conditions.

ARTICLE 29
STEWARDS

29.01 The Employer acknowledges the exclusive right of the Institute to appoint Stewards and other Institute representatives from amongst the members of bargaining units for which the Institute is the certified bargaining agent.

**ARTICLE 33
DISPUTE RESOLUTION

33.01 The Employer and the Institute agree it is appropriate to resolve disputes at the level where they occur without necessarily invoking the filing of a grievance, and preferably at the lowest possible level of management with the involvement of an Institute representative. Accordingly, when disputes might arise, the manager and the Institute representative endeavour to foster open co-operation, frank exchanges of views and a quest for innovative solutions.

ARTICLE 35
NATIONAL JOINT COUNCIL AGREEMENTS

35.03 The following directives, policies or regulations, as amended from time to time by National Joint Council recommendation and which have been approved by the Treasury Board of Canada, form part of this Collective Agreement:

Health/Safety Standards (12 to 28)

During the term of this Collective Agreement, other directives, policies or regulations may be added to the above noted list.

Grievances in regard to the above directives, policies or regulations shall be filed in accordance with clause 34.01 of the Article on grievance procedure in this Collective Agreement.

ARTICLE 36
JOINT CONSULTATION

36.02 The subjects that may be determined as appropriate for joint consultation will be by mutual agreement of the parties and shall include consultation regarding career development, professional responsibilities and standards, quality of client services and workload. Consultation may be at the local, regional or national level as determined by the parties.

ARTICLE 39
PART-TIME EMPLOYEES

39.07 Subject to Article 9, Overtime, when a part-time employee is required to work on a day which is prescribed as a designated paid holiday for a full-time employee in clause 12.01 of this Agreement, the employee shall be paid according to paragraph 9.01(b) for all hours worked on the holiday.

39.11 Vacation Leave

(c) when the entitlement is one decimal eighty-four (1.84) days a month, .367 multiplied by the number of hours in the employee's workweek per month;

(f) when the entitlement is two decimal twenty-five (2.25) days a month, .450 multiplied by the number of hours in the employee's workweek per month;

(g) when the entitlement is two decimal five (2.5) days a month, .500 multiplied by the number of hours in the employee's workweek per month;

ARTICLE 40
EMPLOYEE PERFORMANCE REVIEW AND EMPLOYEE FILES

40.04 Upon written request of an employee, all the personnel files of that employee shall be made available once per year for his examination in the presence of an authorized representative of the Employer.

ARTICLE 42
SEXUAL HARASSMENT

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

ARTICLE 43
NO DISCRIMINATION

43.03 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 44
PENOLOGICAL FACTOR ALLOWANCE

44.03 The payment of the allowance for the Penological Factor is determined by the following formula:

44.04

The value of "X" is set at one thousand and nine hundred dollars ($1,900) per annum. This allowance shall be paid on the same basis as that for the employee's regular pay.

Effective 1 October 2002:

The value of "X" is set at two thousand dollars ($2,000) per annum. This allowance shall be paid on the same basis as that for the employee's regular pay.

ARTICLE 45
PAY

45.08 Overpayment

Should there be an error made in pay calculations resulting in an overpayment, the employee shall be notified beforehand in writing of the requirement for repayment to the employer and the intended repayment schedule. The employer will discuss the proposed schedule with the employee prior to putting it into effect.

ARTICLE 47
SHIFT AND WEEKEND PREMIUMS

47.01 An employee on shift work shall receive a shift premium of one dollar and seventy-five cents ($1.75) per hour for all hours worked between 1600 and 0800 hours. The shift premium will not be paid for hours worked between 0800 and 1600 hours.

47.02

(a) Employees shall receive an additional premium of one dollar and seventy-five cents ($1.75) per hour for work on a Saturday and/or Sunday for hours worked as stipulated in (b) below.

(b) Weekend premiums shall be payable in respect of all regularly scheduled hours at straight-time rates worked on Saturday and/or Sunday.

ARTICLE 50
DURATION

50.01 The duration of this Collective Agreement shall be from the date it is signed to 30 September 2003.


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Health Services (DE, ND, MD, NU, OP, PH, PS, SW, VM) 207/213/217/219/220/221/223/226/228 (Archived)

List of Changes to the Agreement Between the Treasury Board and The Professional Institute of the Public Service of Canada - Health Services

ARTICLE 8 HOURS OF WORK AND SHIFT WORK

Clauses 8.02 to 8.07 do not apply to NU employees on shift work

8.02 Hours of work - General