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Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
1.01 The parties to this Agreement share a desire to
improve the quality of the career foreign service within the
Public Service of Canada, to maintain and enhance the
professional standards of Foreign Service officers to the end
that the people and Government of Canada will be well and
effectively served in the furtherance of Canada's national
interests in Canada and abroad. Accordingly, they are determined
to establish within the framework provided by law an effective
working relationship.
1.02 The purpose of this Agreement is to maintain
harmonious and mutually beneficial relationships between the
Employer, the Association and the career foreign service
employees it represents, and to set forth certain terms and
conditions of employment relating to remuneration, employee
benefits and general working conditions affecting employees
covered by this Agreement.
1.03 The Employer will retain all the functions,
rights, powers and authority not specifically abridged or
modified by this Agreement.
1.04 Nothing in this Agreement shall be construed as an
abridgement or restriction of any employee's constitutional
rights or of any right expressly conferred in an Act of the
Parliament of Canada.
2.01 For the purpose of this Agreement:
"Association" means the Professional Association of
Foreign Service Officers (Association),
"bargaining agent" means the Professional Association
of Foreign Service Officers (agent négociateur),
"bargaining unit" means the employees of the Employer
in the Foreign Service Group as described in the certificate
issued by the Public Service Staff Relations Board on March 11,
1968 as amended on May 10, 1999 (unité de
négociation),
**
"common-law partner" a "common-law partner"
relationship exists when, for a continuous period of at least one
(1) year, an employee has lived with a person and continues to
live with the person as if that person were his or her spouse
(conjoint de fait),
"continuous employment" has the same meaning as
specified in the Public Service Terms and Conditions of
Employment Regulations (emploi continu),
"daily rate of pay" means an employee's weekly
rate of pay divided by five (5) (taux de
rémunération journalier),
"double time" means twice (2) the straight-time hourly
rate (tarif double),
"employee" means a person who is a member of the
bargaining unit (fonctionnaire),
"Employer" means Her Majesty in right of Canada as
represented by the Treasury Board, and includes any person
authorized to exercise the authority of the Treasury Board
(Employeur),
"hourly rate of pay" means an employee's daily
rate of pay divided by seven and one-half (7 1/2) (taux de
rémunération horaire),
"overtime" (heures supplémentaires) means:
(a) in the case of a full-time employee, authorized work
performed in excess of his scheduled hours of work,
or
(b) in the case of a part-time employee, authorized work
performed in excess of seven and one-half (7 1/2) hours per day
or thirty-seven and one-half (37 1/2) hours per week but does not
include time worked on a holiday,
or
(c) for any employee whose normal scheduled hours of work are
in excess of seven and one-half (7 1/2) hours per day, authorized
work performed in excess of those normal scheduled daily hours or
an average of thirty-seven and one-half (37 1/2) hours per
week,
"part-time employee" means an employee whose normal
scheduled hours of work on average are less than thirty-seven and
one-half (37 1/2) hours per week, but not less than those
prescribed in the Public Service Staff Relations Act
(fonctionnaire à temps partiel),
**
"spouse" will, when required, be interpreted to include
"common-law partner" except, for the purposes of the Foreign
Service Directives, in which case the definition of "spouse" will
remain as specified in Directive 2 of the Foreign Service
Directives (époux),
"time and one-half" means one and one-half (1 1/2)
times the straight-time (tarif et demi),
"weekly rate of pay" means an employee's annual
rate of pay divided by 52.176 (taux de rémunération
hebdomadaire).
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,
(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,
and
(c) if defined in the Public Service Terms and Conditions
of Employment Regulations but not defined in either the
Public Service Staff Relations Act or the
Interpretation Act, have the same meaning as given to them
in the Public Service Terms and Conditions of Employment
Regulations as they are amended from time to time.
2.03 The parties to this Agreement share a desire to
eliminate sexual stereotyping from all government communications
and, to this end, have agreed to give equal importance to both
sexes in alternating the use of the feminine and masculine
genders in the wording of this Agreement. Therefore, unless
otherwise indicated by the context, what is formulated in the
feminine gender includes the masculine and vice versa.
2.04 The English and French texts of this Agreement are
equally authentic.
3.01 Subject to the provisions of this Article, the
Employer will, as a condition of employment, deduct an amount
equal to the membership dues from the monthly pay of all
employees in the bargaining unit.
3.02 The Association shall inform the Employer in
writing of the authorized monthly deduction to be checked off for
each employee defined in clause 3.01. The Association shall give
at least three (3) months' advance notice to the Employer
of any amendment to the amount of the authorized monthly
deduction.
3.03
(a) For new employees to the bargaining unit, the provisions
of clause 3.01 will commence the first (1st) full
month of employment to the extent that earnings are
available.
(b) Where any employee does not have sufficient earnings in
respect of any month to permit deductions, the Employer shall not
be obligated to make such deductions from subsequent salary.
3.04 An employee, who satisfies the Employer to the
extent that she declares in an affidavit that she is a member of
a religious organization whose doctrine prevents her as a matter
of conscience from making financial contributions to an employee
organization and that 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 her is countersigned by an
official representative of the religious organization
involved.
3.05 The amounts deducted in accordance with
clause 3.01 shall be remitted to the Association by cheque within
a reasonable period of time after deductions are made and shall
be accompanied by the name and pay number of each employee and
the amount of the deductions made on the employee's
behalf.
3.06 The Employer shall provide a monthly revocable
check-off of premiums payable on insurance plans, provided by the
Association for its members in the bargaining unit, on the basis
of presentation of appropriate documentation, provided that the
amounts so deducted are combined with membership dues in a single
monthly deduction. The Employer will not be required to inform an
employee when her insurance plan coverage is affected because of
lack of sufficient earnings to cover deductions or because of her
transfer out of or into the bargaining unit.
3.07 The Association 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.
4.01 The communication facilities of the Employer are
for the delivery of government programs. Nevertheless, in the
situations circumscribed by clauses 4.03 and 4.04 and subject to
operational requirements, the Employer agrees to cooperate in
providing certain facilities for communications between the
Association and the employees on foreign assignment.
4.02 The Association agrees to indemnify and save the
Employer harmless against any claim or liability arising out of
the application of this Article.
4.03 Foreign Affairs Mail Distribution Service
Notwithstanding any restrictions on use of government mail
facilities, the departmental internal mail facilities may be used
for communications between the Association and the employees on
foreign assignment, in conformity with applicable Employer
policies as amended from time to time.
4.04 Departmental Electronic Mail Systems
The use of departmental electronic mail systems will require
prior approval of the appropriate departmental authorised
representative, and will only be permitted for communications
between the Association and the employees on foreign assignment,
in the following circumstances:
(a) Communications between the Association and all of the
employees on foreign assignment will be permitted in cases
where:
(i) as a result of the impending introduction of new Employer
policies affecting the welfare of the employees as a whole, the
Association needs to consult with the employees on an urgent
basis,
or
(ii) by mutual agreement, it is in the interest of both the
Association and the Employer, to communicate urgent messages to
all employees on foreign assignment.
(b) Communications between the Association and individual
employees on foreign assignment will be permitted only where
commercial telecommunication facilities are not readily available
to either the Association or the employee, and provided that the
following situations exist:
(i) statutory or contractual deadlines are involved which
cannot be extended by mutual agreement between the Employer and
the employee or the Association;
(ii) the employee could lose the insurance plan coverage
provided through the Association.
**
4.05 Bulletin Boards
Reasonable space on bulletin boards, in convenient locations,
including electronic bulletin boards where available, will be
made available to the Association for the posting of official
Association notices. The Association shall endeavour to avoid
requests for posting of notices which the Employer, acting
reasonably, could consider adverse to its interests or to the
interests of any of its representatives. Posting of notices or
other materials shall require the prior approval of the Employer,
except notices related to the business affairs of the
Association, including the names of Association representatives,
and social and recreational events. Such approval shall not be
unreasonably withheld.
5.01 The Employer agrees to supply the Association each
month with the name, geographic location and classification level
of each employee who enters or leaves the bargaining unit.
5.02 The Employer agrees to provide each employee with
a copy of this Agreement.
6.01 The parties acknowledge the mutual benefits to be
derived from joint consultation and will consult on matters of
common interest.
6.02 The subjects for joint consultation shall include
career development.
6.03 Without limiting the manner in which the parties
agree to consult, the Department of Foreign Affairs and
International Trade and the Department of Citizenship and
Immigration undertake to maintain a consultation process with the
Association in accordance with terms of reference which are
mutually agreed upon.
**
7.01 An employee who is required to attend a meeting,
the purpose of which is to conduct a disciplinary hearing
concerning her or to render a disciplinary decision concerning
her, shall:
(a) where practicable, receive in writing a minimum of one
day's notice of such a meeting, as well as its purpose,
and
(b) at her request, have a representative of the Association
attend the meeting, when the representative is readily
available.
7.02 When an employee is suspended from duty, or
terminated in accordance with paragraph 11(2)(f) of the
Financial Administration Act, the Employer undertakes to
notify her in writing of the reason for such suspension or
termination. The Employer shall endeavour to give such
notification at the time of suspension or termination.
7.03 The Employer shall notify the Executive Director
of the Association that such suspension and, at the written
agreement of the employee, that such termination has
occurred.
7.04 The Employer agrees
not to introduce as evidence in a hearing relating to
disciplinary action any document from the file of an employee,
the existence of which she was not aware at the time of filing or
within a reasonable period thereafter.
7.05 Any document or written statement related to
disciplinary action, which may have been placed on the personnel
file of an employee shall be destroyed after two (2) years have
elapsed since the disciplinary action was taken provided that no
further disciplinary action has been recorded during this
period.
8.01 In cases of alleged misinterpretation or
misapplication arising out of agreements concluded by the
National Joint Council (NJC) of the Public Service on items which
may be included in a collective agreement and which the parties
to this Agreement have endorsed, the grievance procedure will be
in accordance with Part 14of the NJC By-Laws.
8.02 Subject to and as provided in Section 91 of the
Public Service Staff Relations Act, an employee who feels
that he has been treated unjustly or considers himself aggrieved
by any action or lack of action by the Employer in matters other
than those arising from the classification process is entitled to
present a grievance in the manner prescribed in clause 8.05
except that:
(a) where there is another administrative procedure provided
by or under any Act of Parliament to deal with his specific
complaint, such procedure must be followed,
and
(b) where the grievance relates to the interpretation or
application of this Agreement or an Arbitral Award, he is not
entitled to present the grievance unless he has the approval of
and is represented by the Association.
8.03 Except as otherwise provided in this Agreement a
grievance shall be processed by recourse to the following
levels:
(a) level 1 - that level of management authorized to respond
to grievances at Level 1;
(b) levels 2 and 3 - intermediate level(s) where such level or
levels are established in departments or agencies;
(c) final level - Deputy Head or hisauthorized
representative.
8.04 The Employer shall designate a representative at
each level in the grievance procedure and shall inform each
employee to whom the procedure applies of the name or title of
the person so designated together with the name or title and
address of the immediate supervisor or local officer-in-charge to
whom a grievance is to be presented. This information shall be
communicated to employees by means of notices posted by the
Employer in places where such notices are most likely to come to
the attention of the employees to whom the grievance procedure
applies, or otherwise as determined by agreement between the
Employer and the Association.
8.05 An employee who wishes to present a grievance at a
prescribed level in the grievance procedure, shall transmit this
grievance to his immediate supervisor or local officer-in-charge
who shall forthwith:
(a) forward the grievance to the representative of the
Employer authorized to deal with grievances at the appropriate
level,
and
(b) provide the employee with a receipt stating the date on
which the grievance was received by him.
8.06 Where it is necessary to present a grievance by
mail, the grievance shall be deemed to have been presented on the
day on which it is postmarked and it shall be deemed to have been
received by the Employer on the date it is delivered to the
appropriate office of the department or agency concerned.
Similarly the Employer shall be deemed to have delivered a reply
at any level on the date on which the letter containing the reply
is postmarked, but the time limit within which the grievor may
present his grievance at the next higher level shall be
calculated from the date on which the Employer's reply was
delivered to the address shown on the grievance form.
8.07 A grievance of an employee shall not be deemed to
be invalid by reason only that it is not in accordance with the
form supplied by the Employer.
8.08 An employee may be assisted and/or represented by
the Association when presenting a grievance at any level.
8.09 The Association shall have the right to consult
with the Employer with respect to a grievance at each level of
the grievance procedure. Where consultation is with the deputy
head, the deputy head shall render the decision.
8.10 An employee may present a grievance to the First
Level of the procedure in the manner prescribed in clause 8.05,
not later than the twenty-fifth (25th) day after the
date on which he is notified orally or in writing or on which he
first becomes aware of the action or circumstances giving rise to
grievance.
8.11 The Employer shall normally reply to an
employee's grievance, at any level in the grievance
procedure, except the final level, within ten (10) days after the
date the grievance is presented at that level. Where such
decision or settlement is not satisfactory to the employee, he
may submit a grievance at the next higher level in the grievance
procedure within ten (10) days after that decision or settlement
has been conveyed to him in writing.
8.12 If the Employer does not reply within fifteen (15)
days from the date that a grievance is presented at any level,
except the final level, the employee may, within the next
ten (10) days, submit the grievance at the next higher level of
the grievance procedure.
8.13 The Employer shall normally reply to an
employee's grievance at the final level of the grievance
procedure within thirty (30) days after the grievance is
presented at that level.
8.14 Where an employee has been represented by the
Association in the presentation of his grievance, the Employer
will provide the appropriate representative of the Association
with a copy of the Employer's decision at each level of the
grievance procedure at the same time that the Employer's
decision is conveyed to the employee.
8.15 The decision given by the Employer at the Final
Level in the grievance procedure shall be final and binding upon
the employee unless the grievance is a class of grievance that
may be referred to adjudication.
8.16 In determining the time within which any action is
to be taken as prescribed in this procedure, Saturdays, Sundays
and designated paid holidays shall be excluded.
8.17 The time limits stipulated in this procedure may
be extended by mutual agreement between the Employer and the
employee and, where appropriate, the Association
representative.
8.18 Where it appears that the nature of the grievance
is such that a decision cannot be given below a particular level
of authority, any or all the levels, except the final level, may
be eliminated by agreement of the Employer and the employee, and,
where applicable, the Association.
8.19 Where the Employer demotes or terminates an
employee for cause pursuant to paragraph 11(2)(f) or (g) of the Financial Administration Act, the grievance
procedure set forth in this Agreement shall apply except that the
grievance shall be presented at the final level only.
8.20 An employee may abandon a grievance by written
notice to his immediate supervisor or officer-in-charge.
8.21 An employee who fails to present a grievance to
the next higher level within the prescribed time limits shall be
deemed to have abandoned the grievance, unless he was unable to
comply with the prescribed time limits due to circumstances
beyond his control.
8.22 No person who is employed in a managerial or
confidential capacity shall seek by intimidation, by threat of
dismissal or by any other kind of threat to cause an employee to
abandon his grievance or refrain from exercising his right to
present a grievance as provided in this Agreement.
8.23 Where an employee has presented a grievance up to
and including the Final Level in the grievance procedure with
respect to:
(a) the interpretation or application in respect of the
employee of a provision of this Agreement or a related arbitral
award,
or
(b) disciplinary action resulting in suspension or a financial
penalty,
or
(c) termination of employment or demotion pursuant to
paragraph 11(2)(f) or (g) of the Financial
Administration Act,
and his grievance has not been dealt with to his satisfaction,
he may refer the grievance to adjudication in accordance with the
provisions of the Public Service Staff Relations Act and
Regulations.
8.24 Where a grievance that may be presented by an
employee to adjudication is a grievance relating to the
interpretation or application in respect of him of a provision of
this Agreement or an arbitral award, he is not entitled to refer
the grievance to adjudication unless the
Associationsignifies in theprescribed
manner:
(a) its approval of the reference of the grievance to
adjudication,
and
(b) its willingness to represent the employee in the
adjudication proceedings.
9.01 Where, at the request of the Employer, an employee
performs duties outside the Public Service the performance of
which is not under the direction or control of the Employer the
provisions of this Agreement, except for Article 18 (Severance
Pay), do not apply to her. Where the employment of such employee
is terminated, her severance pay entitlement under Article 18
shall be reduced by the amount of any severance pay she receives
from any Employer outside the Public Service under whose
direction and control she was performing her duties.
10.01 Normal Work Week
(a) The normal work week shall be thirty-seven and
one-half (37 1/2) hours from Monday to Friday inclusive, and the
normal work day shall be seven and one-half (7 1/2) hours,
exclusive of a lunch period, between the hours of 7:00 a.m. and
6:00 p.m..
(b) An employee normally shall be granted two (2) consecutive
days of rest during each seven (7) day period.
(c) Subject to operational requirements as determined from
time to time by the Employer, an employee shall have the right to
select and request flexible hours between 7:00 a.m. and 6:00 p.m.
and such request shall not be unreasonably denied.
10.02 Compressed Work Week
(a) Notwithstanding the provisions of clause 10.01, upon
request of an employee and the concurrence of the Employer, an
employee may complete his weekly hours of employment in a period
other than five (5) full days, provided that over a period of
twenty-eight (28) calendar days, he works an average of
thirty-seven and one-half (37 1/2) hours per week.
(b) In every twenty-eight (28) day period, such an employee
shall be granted days of rest on such days as are not scheduled
as a normal workday for him.
(c) The implementation of any variation in hours shall not
result in any additional overtime work or additional payment by
reason only of such variation, nor shall it be deemed to prohibit
the right of the Employer to schedule any hours of work permitted
by the terms of this Agreement.
(d) As part of the provisions of this clause, attendance
reporting shall be mutually agreed between the employee and the
Employer.
10.03 Special Hours of Work
(a) When hours of workother than those provided
in clause 10.01 are in existence when this Agreement is signed,
the Employer, on request, will advise the Association of such
hours of work.
(b) Where hours of work which were in existence when this
Agreement was signed are to be changed so that they are different
from those specified in clause 10.01, the Employer, except in
cases of emergency, will consult in advance with the Association
on such hours of work and, in such consultation, will establish
that they are required to meet the needs of the public and/or the
efficient operation of the Foreign Service.
(c) If, as a result of the application of paragraph (b), an
employee's hours of work are changed to extend before or
beyond the stipulated hours of 7:00 a.m. and 6:00 p.m., as
provided in clause 10.01, and the employee has not received at
least five (5) days notice in advance of such change, he shall be
paid for the first (1st) day worked subsequent to such
change at time and one-half (1 1/2). Subsequent days worked on
the revised hours shall be paid for at straight time, subject to
the overtime provisions of this Agreement. The above notice
requirement does not apply when the change in hours of work
results from a posting abroad or an assignment in Canada,
pursuant to a rotational pattern, or from temporary duty abroad
or in Canada, if posted abroad.
(d) employees whose work schedules vary from seven and
one-half (7 1/2) hours per day and/or vary from five (5) days per
week shall be subject to the Variable Hours of Work provisions
established in Article 11 of this Agreement.
**
(e) Special Hours of Work Premium
Effective July 1, 2002, an employee working on workdays will
receive a premium of two dollars ($2.00) per hour for all hours
worked between 4:00 p.m. and 8:00 a.m., including overtime hours.
This premium will not be paid for hours worked between 8:00 a.m.
and 4:00 p.m.
**
(f) Weekend Premium
Effective July 1, 2002, employees shall receive an additional
premium of two dollars ($2.00) per hour for all regularly
scheduled hours worked at the straight-time hourly rate on
Saturday and/or Sunday. Where Saturday and Sunday are not
recognized as the weekend at a mission abroad, the Employer may
substitute two (2) other contiguous days to conform to local
practice.
11.01 Employer and the Association agree that the
following conditions shall apply to employees for whom variable
hours of work schedules are approved pursuant to clauses 10.02
and 10.03. This Agreement is modified by these provisions to the
extent specified herein.
11.02 It is agreed that the implementation of any such
variation in hours shall not result in any additional expenditure
or cost by reason only of such variation.
11.03 General Terms
(a) The scheduled hours of work of any day as set forth in a
work schedule, may exceed or be less than the normal workday
hours specified by this Agreement; starting and finishing times
shall be determined according to operational requirements as
determined by the Employer and the daily hours of work shall be
consecutive.
(b) Such schedules shall provide an average of thirty-seven
and one-half (37 1/2) hours and an average of five (5) working
days per week over the life of the schedule.
(c) Such schedules shall provide an average of two (2) days of
rest per week over the life of the schedule. A minimum of two (2)
consecutive calendar days of rest must be provided at any one
time, except when days of rest are separated by a designated paid
holiday which is not worked.
**
(d) The maximum life of a schedule established under
clause 10.03 shall be six (6) months, except at missions abroad
when the normal weekly and daily hours of work are varied by the
Employer to allow for summer and winter hours, in which case the
life of a schedule shall be one (1) year.
11.04 Specific Application of this Agreement
For greater certainty, the following provisions of this
Agreementshall be administered as provided
herein:
Interpretation and Definitions
"Daily rate of pay" - shall not apply.
Travel
Overtime compensation referred to in clause 16.04 of this
Agreement shall only be applicable on a normal day for hours in
excess of the employee's daily scheduled hours of work.
Designated Paid Holidays
(a) A designated paid holiday shall account for the normal
daily hours specified by this Agreement.
**
(b) When an employee works on a Designated Paid Holiday, the
employee shall be compensated, in addition to the normal daily
hours' pay specified by this Agreement, time and
one-half (1 1/2) for each completed period of fifteen (15)
minutes worked by her.
Acting Pay
The qualifying period for acting pay as specified in
clause 46.08 shall be converted to hours.
**
12.01 Exclusion
The provisions of this Article do not apply where an employee
attends social engagements unless the employee has received prior
authorization and is required to attend by the Employer.
12.02 General
**
(a) Subject to clause 12.01, an employee is entitled to
overtime compensation for each completed period of fifteen (15)
minutes of overtime worked by him:
(i) when the overtime work is authorized in advance by the
Employer or is in accordance with standard operating
instructions,
and
(ii) when the employee does not control the duration of the
overtime work.
(b) Employees shall record starting time and finishing times
of overtime work in a form determined by the Employer.
**
12.03 Overtime Compensation on A Scheduled Work Day
Subject to clause 12.02, an employee who is required by the
Employer to work overtime on a scheduled work day shall be
granted compensation at time and one-half (1 1/2) for each
completed period of fifteen (15) minutes of overtime worked.
**
12.04 Overtime Compensation on A Day Of Rest
(a) Subject to clause 12.02, an employee who is required by
the Employer to report for duty and works on his days of rest
shall be compensated for each completed period of fifteen (15)
minutes of overtime worked by him on his days of rest;
(b) on the employee's first day of rest, at the rate of
time and one-half (1 1/2) for the first seven and one-half (7
1/2) hours of overtime worked and at the double (2) time rate for
each contiguous hour thereafter;
(c) on the employee's second or subsequent day of
rest:
(i) at the basis of double (2) time for each hour of overtime
worked. Second or subsequent day of rest means the second or
subsequent day in an unbroken series of consecutive
and contiguous calendar days of rest;
(ii) notwithstanding paragraph (b) and sub-paragraph (c)(i)
above, if, in an unbroken series of consecutive and contiguous
calendar days of rest, the Employer permits the employee to work
the required overtime on a day of rest requested by the employee,
then the compensation shall be at time and one-half (1 1/2) for
the first (1st) day worked.
**
12.05 Reporting Pay
Subject to clause 12.02, an employee who is required by the
Employer to report for duty and reports on a day of rest shall be
paid the greater of:
(a) compensation for each completed period of fifteen (15)
minutes worked at the applicable overtime rate of pay;
or
(b) compensation for a minimum period of three (3) hours at
the applicable overtime rate of pay, except that this minimum
shall apply only the first time that he reports for work during a
period of eight (8) hours starting with his first reporting.
12.06 The Employer shall endeavour to pay cash overtime
compensation by the eight (8th) week after which it is
claimed.
12.07 Compensatory Leave
(a) Compensation earned under this Article and the Designated
Holiday Article shall be compensated in cash or, upon mutual
agreement between the employee and the Employer, in equivalent
leave with pay.
(b) The Employer reserves the right to direct an employee to
take leave accumulated under this Article but in so doing shall
endeavour to grant such leave at times he may request.
**
(c) Compensatory leave earned in a fiscal year and outstanding
on September 30 of the next following fiscal year shall be paid
at the employee's daily rate of pay on September 30.
12.08 Transportation Expenses
(a) When an employee is required to report for work and
reports under the conditions described in clause 12.05, and is
required to use transportation services other than normal public
transportation services, he shall be reimbursed for reasonable
expenses incurred as follows:
(i) mileage allowance at the rate normally paid to an employee
when authorized by the Employer to use his automobile when the
employee travels by means of his own automobile,
or
(ii) out-of-pocket expenses for other means of commercial
transportation.
(b) Except when required by the Employer to use a vehicle of
the Employer for transportation to a work location other than the
employee's normal place of work, time spent by the employee
reporting to work or returning to the employee's residence
shall not constitute time worked.
12.09 Overtime Meal Allowance
**
(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 ten
dollars ($10), 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,
he shall be reimbursed for one additional meal in the amount of
ten dollars ($10), 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.
(c) Paragraphs 12.09(a) and (b) shall not apply to an employee
who is in travel status, which entitles the employee to claim
expenses for lodging and/or meals.
**
13.01 Exclusion
An employee who receives a call to duty or responds to a
telephone or data line call at any time outside of his or her
scheduled hours of work, may, at the discretion of the Employer,
work at the employee's residence or at another place to
which the Employer agrees. In such instances, the employee shall
be paid the greater of:
(a) compensation at the applicable overtime rate for any time
worked,
or
(b) compensation equivalent to one (1) hour's pay at the
straight-time rate, which shall apply only the first
(1st) time an employee performs work during an
eight (8) hour period, starting when the employee first commences
the work.
13.02
(a) If an employee is called back to work:
(i) on a designated paid holiday which is not her scheduled
day of work,
or
(ii) on her day of rest,
or
(iii) after she has completed her work for the day and has
left her place of work,
and returns to work, she shall be paid the greater of:
(iv) compensation equivalent to three (3) hours pay at the
applicable overtime rate of pay except that this compensation
shall apply only the first (1st) time that she reports
for work during a period of eight hours, starting with her first
(1st) reporting; this compensation shall include any
reporting pay pursuant to the Reporting Pay provisions of this
Agreement,
or
**
(v) compensation at the applicable rate of overtime
compensation for each completed period of fifteen (15) minutes
worked,
provided that the period worked by her is not contiguous to
her normal hours of work.
(b) The minimum payment referred to in subparagraph (a)(iv)
does not apply to part-time employees. Part-time employees will
receive a minimum payment in accordance with clause 17.07.
13.03 Except when required by the Employer to use a
vehicle of the Employer for transportation to work location other
than an employee's normal place of work, time spent by the
employee reporting to work or returning to her residence shall
not constitute time worked.
**
14.01 Exclusion
An employee who is on standby and receives a call to duty or
is required to respond to telephone calls or data line calls, may
at the discretion of the Employer work at the employee's
residence or at another place to which the Employer agrees, and
receive compensation for time worked in accordance with
subparagraph 14.05(b). In such instances, the employee shall not
be entitled to compensation under subparagraph 14.05(a)(ii).
14.02 When the Employer requires an employee to be
available on standby during off-duty hours an employee shall be
compensated at the rate of one-half (1/2) hour for each four (4)
hour period or portion thereof for which he has been designated
as being on standby duty.
14.03 An employee designated for standby duty shall be
available during his period of standby at a known
telecommunications link number and be able, as specified by the
Employer:
(a) to return for duty to a workplace designated by the
Employer within a period of time specified by the Employer, if
called;
or
(b) to respond to telephone calls or data line
callsreceived from Employer authorized sources.
14.04 No standby payment shall be granted if an
employee is unable to report for duty in accordance with
paragraph 14.03(a) when required, or is not available to respond
in accordance with paragraph 14.03(b).
14.05
(a) An employee on standby who is required to return for duty
to a workplace designated by the Employer and so returns and
reports for work, shall be paid, in addition to the standby pay,
the greater of:
**
(i) the applicable overtime rate for each completed period of
fifteen (15) minutes worked,
or
(ii) the minimum of three (3) hours' pay at the
applicable overtime rate, except that this minimum shall apply
only the first (1st) time he reports for work during a
period of standby of eight (8) hours, starting with his first
(1st) reporting. This compensation does not apply to
part-time employees, who receive a minimum payment in accordance
with clause 17.08.
**
(b) An employee who receives a call to duty or responds to a
telephone or data line call while on standby or at any other time
outside of his or her scheduled hours of work, may at the
discretion of the Employer work at the employee's residence
or at another place to which the Employer agrees. In such
instances, the employee shall be paid the greater of:
(i) compensation at the applicable overtime rate for any time
worked,
or
(ii) compensation equivalent to one (1) hour's pay at
the straight-time rate, which shall apply only the first
(1st) time an employee performs work during an
eight (8) hour period, starting when the employee first
(1st) commences the work.
14.06 Except when required by the Employer to use a
vehicle of the Employer for transportation to a work location
other than an employee's normal place of work, time spent
by the employee reporting to work or returning to his residence
shall not constitute time worked
**
15.01 Exclusion
Clauses 15.05 and 15.06 do not apply where an employee attends
social engagements unless the employee has received prior
authorization and is required to attend by the Employer.
15.02 Subject to clause 15.03, the following days shall
be designated paid holidays for employees:
(a) New Year's Day,
(b) Good Friday,
(c) Easter Monday,
(d) the day fixed by proclamation of the Governor in Council
for celebration of the Sovereign's Birthday,
(e) Canada Day,
(f) Labour Day,
(g) the day fixed by proclamation of the Governor in Council
as a general day of Thanksgiving,
(h) Remembrance Day,
(i) Christmas Day,
(j) Boxing Day,
(k) one additional day when proclaimed by an Act of Parliament
as a National Holiday,
and
(l) one additional day in each year that, in the opinion of
the Employer, is recognized to be a provincial or civic holiday
in the area in which the employee is employed or in any area
where, in the opinion of the Employer, no such day is recognized
as a provincial or civic holiday, the first Monday in August.
15.03 Clause 15.02 does not apply to an employee
who is absent without pay on both her normal working day
immediately preceding and her normal working day immediately
following the designated paid holiday.
15.04 Designated Paid Holiday Falling on a Day of Rest
When a day designated as a paid holiday under
clause 15.02 coincides with an employees' day of
rest, the holiday shall be moved to her first normal working day
following her day of rest.
15.05 When a day designated as a paid holiday for an
employee is moved to another day under the provisions of
clause 15.04:
(a) work performed by her on the day from which the
holiday was moved shall be considered as work performed on a day
of rest,
and
(b) work performed by her on the day to which the
holiday was moved, shall be considered as work performed on a
holiday.
**
15.06 Compensation for work on a Designated Paid Holiday
(a) An employee who is required by the Employer to report for
duty and works on a designated paid holiday shall receive, in
addition to the pay that she would have received had she not
worked on the holiday, compensation for each completed period of
fifteen (15) minutes worked by her on the holiday at time and
one-half (1 1/2).
(b) When an employee works on a designated paid holiday which
is not her scheduled day of work, immediately following a day of
rest on which she also worked and received overtime in accordance
with paragraph 12.04(b), she shall receive in addition to the pay
that she would have been granted had she not worked on the
holiday, compensation for each completed period of fifteen (15)
minutes worked at double time (2).
15.07 Reporting Pay
When an employee is required to report for work and reports on
a designated paid holiday, she shall be paid the greater of:
(a) compensation in accordance with the provisions of
clause 15.06,
or
(b) compensation for a minimum period of three (3) hours at
the applicable overtime rate of pay, except that this minimum
shall apply only the first (1st) time that she reports
for work during a period of eight (8) hours starting with her
first (1st) reporting.
15.08 Work performed on a designated paid holiday may
be compensated in the equivalent leave with pay in accordance
with clause 12.07.
15.09 Designated Paid Holiday Coinciding with a Day of Paid
Leave
Where a day that is a designated paid holiday for an employee
coincides with a day of leave with pay or is moved as a result of
the application of 15.04, the holiday shall not count as a day of
leave.
**
16.01 Subject to clause 34.05, no travel compensation
will be paid for travel in connection with postings, courses,
training sessions, professional conferences and seminars unless,
in the case of courses, training sessions, professional
conferences or seminars, the employee is required to attend by
the Employer.
16.02 Where an employee is required by the Employer to
travel outside of his headquarters area and on government
business, as these expressions are normally defined by the
Employer, and such travel is approved and the means of travel
determined by the Employer, he is entitled to be paid only in
accordance with clause 16.04. Travelling time shall include time
necessarily spent at each stop-over enroute provided such
stop-over is not longer than three (3) hours.
16.03 For purposes of clause 16.04, the travel time to
be paid is as follows:
(a) for travel by public transportation, the time between the
scheduled time of departure and the time of arrival at
destination, except that for travel by aircraft the normal travel
time by taxi to and from the airports will also be considered as
travel time;
(b) for travel by privately-owned automobile, the normal time
as determined by the Employer to drive from the employee's
place of residence or workplace directly to his destination and,
upon his return, direct back to his residence or work place;
(c) in the event that an alternate time of departure,
itinerary and/or means of travel is requested by the employee,
the Employer may authorize such alternate arrangements, in which
case compensation for travelling time shall not exceed that which
would have been payable under the Employer's original
determination.
16.04 Subject to clause 16.01, if an employee is
required to travel as set forth in clauses 16.02 and 16.03:
(a) on a normal working day on which the employee travels but
does not work, he shall receive his regular pay for the day,
(b) on a normal working day on which the employee travels and
works, he shall be paid:
(i) his regular pay for the day for a combined period of
travel and work not exceeding his regular scheduled working
hours,
and
**
(ii) at the applicable overtime rate for each completed period
of fifteen (15) minutes travelled in excess of his regularly
scheduled hours of work and travel, to a maximum payment of
twelve (12) hours pay at the straight-time hourly rate of
pay,
**
(c) on a day of rest or on a designated paid holiday, the
employee shall be paid at the applicable overtime rate for each
completed period of fifteen (15) minutes travelled to a maximum
of twelve (12) hours' pay at the straight-time hourly rate
of pay.
17.01 Part-time employees shall be entitled to the
benefits provided under this Agreement in the same proportion as
their normal scheduled weekly hours of work compare with the
normal weekly hours of work of full-time employees unless
otherwise specified in this Agreement.
17.02 Part-time employees shall be paid at the hourly
rate of pay for all work performed up to thirty-seven and
one-half (37 1/2) hours per week.
17.03 The days of rest provisions of this agreement
apply only in a week when a part-time employee has worked
five (5) days and thirty-seven and one-half (37 1/2) hours.
17.04 Leave will only be provided during those periods
in which employees are scheduled to perform their duties.
**
17.05 Designated Holidays
A part-time employee shall not be paid for the designated
holidays but shall instead be paid a premium of four decimal two
five per cent (4.25%) for all straight-time hours worked during
the period of part-time employment.
**
17.06 Notwithstanding clause 17.02, 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 Article 15
she shall be paid at time and one-half (1 1/2) for each completed
period of fifteen (15) minutes worked.
17.07 Call-Back
When a part-time employee meets the requirements to receive
call-back pay in accordance with clause 13.02 and is entitled to
receive the minimum payment rather than pay for actual time
worked, she shall be paid a minimum payment of four (4) hours pay
at the straight-time hourly rate of pay.
17.08 Reporting Pay
Subject to clause 17.03, when a part-time employee meets the
requirements to receive a minimum payment rather than actual time
worked as reporting pay on a day of rest, in accordance with
clause 12.05(b), or is entitled to receive a minimum payment
rather than pay for actual time worked during a period of
standby, in accordance with sub-paragraph 14.05(a)(ii), she shall
be paid a minimum payment of four (4) hours pay at the
straight-time hourly rate of pay.
**
17.09 Vacation Leave
A part-time employee shall earn vacation leave credits for
each month in which she receives pay for at least twice (2) the
number of hours in her normal work week, at the rate for years of
service established in clause 20.02, prorated and calculated as
follows:
(a) when the entitlement is one decimal twenty-five (1.25)
days a month, 0.250 multiplied by the number of hours in the
employee's work week per month;
(b) when the entitlement is one decimal sixty-seven (1.67)
days a month, 0.333 multiplied by the number of hours in the
employee's work week per month;
(c) when the entitlement is one decimal eighty-four (1.84)
days a month, 0.367 multiplied by the number of hours in the
employee's work week per month;
(d) when the entitlement is one decimal ninety-two (1.92) days
a month, 0.383 multiplied by the number of hours in the
employee's work week per month;
(e) when the entitlement is two decimal zero nine (2.09) days
a month, 0.417 multiplied by the number of hours in the
employee's work week per month;
(f) when the entitlement is two decimal twenty-five (2.25)
days a month, 0.450 multiplied by the number of hours in the
employee's work week per month;
(g) when the entitlement is two decimal fifty (2.50) days a
month, 0.500 multiplied by the number of hours in the
employee's work week per month;
(h) however, a part-time employee who has received or is
entitled to receive furlough leave shall have her vacation leave
credits earned reduced by 0.083 multiplied by the number of hours
in the part-time workweek, beginning in the month in which the
twentieth (20th) anniversary of service occurs until
the beginning of the month in which her
twenty-fifth (25th) anniversary of service occurs.
17.10 Sick Leave
A part-time employee shall earn sick leave credits at the rate
of one-quarter (1/4) of the number of hours in her normal work
week for each calendar month in which she has received pay for at
least twice (2) the number of hours in her normal work week.
17.11 Vacation and Sick Leave Administration
(a) For the purpose of administration of clauses 17.09 and
17.10, where an employee does not work the same number of hours
each week, the normal work week shall be the weekly average
calculated on a monthly basis.
(b) An employee whose employment in any month is a combination
of both full-time and part-time employment shall not earn
vacation or sick leave credits in excess of the entitlement of a
full-time employee.
17.12 Severance Pay
Notwithstanding the provisions of Article 18 (Severance Pay),
where the period of continuous employment in respect of which
severance benefit is to be paid consists of both full-time and
part-time employment or varying levels of part-time employment,
the benefit shall be calculated as follows: the period of
continuous employment eligible for severance pay shall be
established and the part-time portions shall be consolidated to
equivalent full-time. The equivalent full-time period in
completed years shall be multiplied by the full-time weekly rate
of pay for the classification prescribed in the employee's
certificate of appointment of her substantive position on the
date of the termination of her employment to produce the
severance pay benefit.
17.13 Pay
A part-time employee shall be eligible to receive an in-range
pay increase when she has worked a total of nineteen hundred and
fifty (1950) hours at the hourly rate of pay during a period of
employment provided that the maximum rate for her level is not
exceeded. The in-range pay increase date shall be the first
(1st) working day following completion of the hours
specified in this clause.
18.01 When calculating entitlements under this Article,
the weekly rate of pay referred to in this Article shall be the
weekly rate of pay to which the employee is entitled for his
classification.
18.02 Under the following circumstances and subject to
clause 18.03 an employee shall receive severance entitlements
calculated on the basis of his weekly rate of pay:
**
(a) On first lay-off, two (2) weeks' pay for the first
year of continuous employment and one (1) week's pay for
each additional complete year of continuous employment, and in
the case of a partial year of continuous employment, one (1)
week's pay multiplied by the number of days of continuous
employment divided by three hundred and sixty-five (365).
**
(b) On second or subsequent lay-off, one (1) week's pay
for each complete year of continuous employment, and in the case
of a partial year of continuous employment, one (1) week's
pay multiplied by the number of days of continuous employment
divided by three hundred and sixty-five (365), less any period in
respect of which the employee was granted severance pay under (a)
above.
(c) On resignation, subject to paragraph 18.02(d) and with
ten (10) or more years of continuous employment, one-half (1/2)
week's pay for each complete year of continuous employment
with a maximum entitlement of thirteen (13) weeks.
(d) On retirement, when an employee is entitled to an
immediate annuity under the Public Service Superannuation
Act or when the employee is entitled to an immediate annual
allowance, under the Public Service Superannuation Act,
one (1) week's pay for each complete year of continuous
employment and, in the case of a partial year of continuous
employment, one (1) week's pay multiplied by the number of
days of continuous employment divided by three hundred and
sixty-five (365), with a maximum benefit of thirty (30)
weeks.
(e) If an employee dies, there shall be paid to his estate,
one (1) week's pay for each year of continuous employment
and, in the case of a partial year of continuous employment,
one (1) week's pay multiplied by the number of days of
continuous employment divided by 365, to a maximum of thirty (30)
weeks, regardless of any other entitlements payable.
(f) When an employee has completed more than one (1) year of
continuous employment and ceases to be employed by reason of
termination for cause for reasons of incapacity or when an
employee has completed more than ten (10) years of continuous
employment and ceases to be employed by reason of termination for
cause for reasons of incompetence, pursuant to Section 11(2)(g)
of the Financial Administration Act, one (1) week
of pay for each complete year of continuous employment with a
maximum benefit of twenty-eight (28) weeks.
(g) On rejection on probation, when an employee has completed
more than one (1) year of continuous employment and ceases to be
employed, one (1) week's pay for each complete year of
continuous employment with a maximum benefit of twenty-seven (27)
week's pay and, in the case of a partial year of continuous
employment, one (1) week's pay multiplied by the number of
days of continuous employment divided by three hundred and
sixty-five (365).
18.03 The period of continuous employment used in the
calculation of severance entitlements payable to an employee
under this Article shall be reduced by any period of continuous
employment in respect of which he was already granted any type of
termination benefit by the Public Service, a Federal Crown
Corporation, the Canadian Forces or the Royal Canadian Mounted
Police. Under no circumstances shall the maximum severance pay
provided under clause 18.02 be pyramided.
19.01
(a) When an employee becomes subject to this Agreement, her
earned daily leave credits shall be converted into hours. When
she ceases to be subject to this Agreement, her earned hourly
leave credits shall be reconverted into days, with one day being
equal to seven and one-half (7 1/2) hours.
(b) When leave is granted, it will be granted on an hourly
basis and the number of hours debited for each day of leave being
equal to the number of hours of work scheduled for the employee
for the day in question.
(c) Notwithstanding the above, in clause 30.02, Bereavement
Leave with Pay, a "day" will mean a calendar day.
19.02 Except for vacation leave requests, the employee,
when required by the Employer, must provide satisfactory
validation of the circumstances necessitating any requests for
leave with or without pay under this Part, in such manner and at
such time as may be determined by the Employer.
**
19.03 Except as otherwise specified in this Agreement,
where leave without pay for a period in excess of three (3)
months is granted to an employee for reasons other than illness,
the total period of leave granted shall be deducted from
"continuous employment" for the purpose of calculating severance
pay and "service" for the purpose of calculating vacation
leave.
**
19.04 In the event of termination of employment for
reasons other than incapacity, death or lay-off, the Employer
shall recover from any monies owed the employee an amount
equivalent to unearned vacation and sick leave taken by the
employee, as calculated from the classification prescribed in the
employee's certificate of appointment on the date of the
termination of the employee's employment.
**
19.05 When the employment of an employee who has been
granted more sick or vacation leave with pay than she has earned
is terminated by lay-off, she is considered to have earned the
amount of leave with pay granted to her if at the time of her
lay-off she has completed two (2) or more years of continuous
employment.
20.01 The vacation year shall be from
April 1st to March 31st of the following
calendar year, inclusive.
**
20.02 Accumulation of Vacation Leave
An employee who has earned at least ten (10) days'
regular pay during any calendar month of a vacation year shall
earn vacation leave credits at the following rates in respect of
that month:
(a) one decimal twenty-five (1.25) days per month until the
month in which the anniversary of his eighth
(8th) year of service occurs;
(b) one decimal sixty-seven (1.67) days per month commencing
with the month in which his eighth (8th) anniversary
of service occurs;
(c) one decimal eighty-four (1.84) days commencing with the
month in which his sixteenth (16th) anniversary of
service occurs;
(d) one decimal ninety-two (1.92) days per month commencing
with the month in which his seventeenth
(17th) anniversary of service occurs;
(e) two decimal zero nine (2.09) days per month commencing
with the month in which his eighteenth (18th
) anniversary of service occurs;
(f) two decimal twenty-five (2.25) days commencing with the
month in which his twenty-seventh (27th) anniversary
of service occurs;
(g) two decimal fifty (2.50) days per month commencing with
the month in which his twenty-eighth (28th)
anniversary of service occurs;
(h) notwithstanding the provisions of clauses (a), (b), (c),
(d) and (e), an employee who is entitled to or who has received
furlough leave, shall have his vacation leave credits earned
under this Article, reduced by zero decimal forty-two (0.42) of a
day per month from the beginning of the month in which he
completes his twentieth (20th) year of service until
the beginning of the month in which he completes his twenty-fifth
(25th) year of service.
20.03 For the purpose of clause 20.02 only, all service
within the Public Service, whether continuous or discontinuous,
shall count toward vacation leave except where a person who, on
leaving the Public Service, takes or has taken severance pay.
However, the above exception shall not apply to an employee who
receives severance pay on lay-off and is reappointed to the
Public Service within one year following the date of lay-off.
20.04 Entitlement to Leave
An employee is entitled to vacation leave to the extent of his
earned credits but an employee who has completed six (6) months
of continuous employment may receive an advance of credits
equivalent to the anticipated credits for the vacation year.
20.05 Scheduling of Vacation Leave
Vacation leave as far as possible will be scheduled at times
acceptable to the employee. However, vacation periods shall be
designated by the Employer in accordance with operational
requirements.
20.06 Where, in respect of any period of vacation
leave, an employee:
(a) is granted other leave with pay,
or
(b) is granted sick leave on the presentation 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.
20.07 Carry-Over of Vacation Leave
(a) Employees must normally take all their vacation leave
during the vacation year in which it is earned.
(b) Where in any vacation year, an employee has not been
granted all of the vacation leave credited to him, the unused
portion of his vacation leave up to a maximum of forty (40) days
credits shall be carried over into the following vacation year.
All vacation leave credits in excess of forty (40) days shall be
automatically paid in cash at his daily rate of pay as calculated
from the classification prescribed in his certificate of
appointment of his substantive position on the last day of the
vacation year.
(c) During any vacation year, upon application by the employee
and at the discretion of the Employer, earned but unused vacation
leave credits may be paid in cash at the employee's daily
rate of pay as calculated from the classification prescribed in
his certificate of appointment of his substantive position on
March 31st of the previous vacation year.
(d) Notwithstanding paragraph (b), if on the date an employee
becomes subject to this Agreement, he has more than forty (40)
days of unused vacation leave credits earned during previous
years, a minimum of ten (10) credits per year shall be granted,
or paid in cash by August 31st of each year, until all
vacation leave credits in excess of forty (40) days have been
liquidated. Payment shall be in one instalment per year, and
shall be at his daily rate of pay as calculated from the
classification prescribed in his certificate of appointment of
his substantive position on March 31st, of the
applicable previous vacation year.
20.08 Recall from Vacation Leave
Where, during any period of vacation leave, an employee is
recalled to duty, he shall be reimbursed for reasonable expenses,
as normally defined by the Employer, that he incurs:
(a) in proceeding to his place of duty,
and
(b) in returning to the place from which he was recalled if he
immediately resumes vacation upon completing the assignment for
which he was recalled,
after submitting such accounts as are normally required by the
Employer.
20.09 The employee shall not be considered as being on
vacation leave during any period in respect of which he is
entitled under clause 20.08 to be reimbursed for reasonable
expenses incurred by him.
20.10 Vacation Leave When Employment Terminates
Where an employee dies or otherwise ceases to be employed, he
or his estate shall be paid an amount equal to the product
obtained by multiplying the number of days of earned but unused
vacation and furlough leave to his credit by the daily rate of
pay applicable to him immediately prior to the termination of his
employment.
20.11 Notwithstanding clause 20.10, an employee whose
employment is terminated for cause pursuant to Section 11(2)(g)
of the Financial Administration Act by reason of
abandonment of his position is entitled to receive the payment
referred to in clause 20.10, if he requests it within a year less
one (1) day following the date upon which his employment is
terminated.
20.12 Cancellation of Vacation Leave
When the Employer cancels or alters a period of vacation or
furlough leave which it has previously approved in writing, the
Employer shall reimburse the employee for the non-returnable
portion of vacation contracts and reservations made by him in
respect of that period, subject to the presentation of such
documentation as the Employer may require. The employee must make
every reasonable attempt to mitigate any losses incurred and will
provide proof of such action to the Employer.
**
20.13 Where the employee requests, the Employer shall
grant the employee his or her unused vacation leave credits prior
to termination of employment if this will enable the employee,
for purposes of severance pay, to complete the first
(1st) year of continuous employment in the case of
lay-off, and the tenth (10th) year of continuous
employment in the case of resignation.
**
20.14 Advance Payments
(a) The Employer agrees to issue advance payments of estimated
net salary for vacation periods of two (2) or more complete
weeks, provided a written request for such advance payment is
received from the employee at least six (6) weeks prior to the
last pay day before the employee's vacation period
commences.
(b) Providing the employee has been authorized to proceed on
vacation leave for the period concerned, pay in advance of going
on vacation shall be made prior to the commencement of leave. 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.
**
20.15 Notwithstanding clause 20.10, an employee who
resigns to accept an appointment with an organization listed in
Part II of Schedule I of the Public Service Staff Relations
Act may choose not to be paid for unused vacation and
furlough leave credits, provided that the appointing organization
will accept such credits.
21.01 Credits
An employee shall earn sick leave credits at the rate of one
and one-quarter (1 1/4) days for each calendar month for which
she receives pay for at least ten (10) days.
21.02 Granting of Sick Leave
An employee is eligible for sick leave with pay when she is
unable to perform her duties because of illness or injury
provided that:
(a) she satisfies the Employer of this condition in such
manner and at such time as may be determined by the Employer,
and
(b) she has the necessary sick leave credits.
21.03 An employee shall not be granted sick leave with
pay during any period in which she is on leave without pay, or
under suspension.
21.04 When an employee is granted sick leave with pay
and injury-on-duty leave is subsequently approved for the same
period, it shall be considered, for the purpose of the record of
sick leave credits, that she was not granted sick leave with
pay.
21.05 Where an employee has insufficient or no credits
to cover the granting of sick leave with pay under the provision
of clause 21.02 above, sick leave with pay may, at the discretion
of the Employer, be granted to an employee for a period of up to
twenty-five (25) days, subject to the deduction of such advanced
leave from any sick leave credits subsequently earned and, in the
event of termination of employment for other than death or
lay-off, the recovery of the advance from any monies owed the
employee.
21.06 Sick leave credits earned but unused by an
employee during a previous period of employment in the Public
Service shall be restored to an employee whose employment was
terminated by reason of lay-off and who was reappointed in the
Public Service.
21.07 The Employer agrees that an employee shall not be
terminated for cause for reasons of incapacity pursuant to
Section 11(2)(g) of the Financial Administration Act at a
date earlier than the date at which the employee will have
utilized his accumulated sick leave credits, except where the
incapacity is the result of an injury or illness for which Injury
on Duty Leave has been granted pursuant to Article 22.
21.08 Where, in respect of any period of compensatory
leave, an employee is granted sick leave with pay on production
of a medical certificate, the period of compensatory leave so
displaced shall either be added to the compensatory leave period
if requested by her and approved by the Employer or reinstated
for use at a later date.
**
22.01 An employee shall be granted injury-on-duty leave
with pay for such period as may be reasonably determined by the
Employer when a claim has been made pursuant to the Government
employees Compensation Act and a Worker's Compensation
authority has notified the Employer that it has certified that
employee is unable to work because of:
(a) personal injury accidentally received in the performance
of his or her duties and not caused by the employee's
wilful misconduct,
or
(b) an industrial illness or a disease arising out of and in
the course of the employee's employment,
if the employee agrees to remit to the Receiver General of
Canada any amount received by him or her in compensation for loss
of pay resulting from or in respect of such injury, illness or
disease providing, however, that such amount does not stem from a
personal disability policy for which the employee or the
employee's agent has paid the premium.
23.01 Maternity Leave without Pay
(a) An employee who becomes pregnant shall, upon request, be
granted maternity leave without pay for a period beginning
before, on or after the termination date of pregnancy and ending
not later than seventeen (17) weeks after the termination date of
pregnancy.
(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 21, Sick Leave With Pay. For purposes of this
subparagraph, the terms "illness" or "injury" used in Article 21,
Sick Leave With Pay, shall include medical disability related to
pregnancy.
(f) An employee shall inform the Employer in writing of her
plans for taking leave with and without pay to cover her absence
from work due to the pregnancy at least four (4) weeks in advance
of the initial date of continuous leave of absence during which
termination of pregnancy is expected to occur unless there is a
valid reason why the notice cannot be given.
(g) Leave granted under this clause shall be counted for the
calculation of "continuous employment" for the purpose of
calculating severance pay and "service" for the purpose of
calculating vacation leave. Time spent on such leave shall be
counted for pay increment purposes.
23.02 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:
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(allowance received)
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X
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(remaining period to be worked
following her return to work)
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[ total period to be worked
as specified in (B)]
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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
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 23.02(c)(i) will be estimated and advanced to the
employee. Adjustments will be made once the employee provides
proof of receipt of Employment Insurance pregnancy benefits.
(e) The maternity allowance to which an employee is entitled
is limited to that provided in paragraph (c) and an employee will
not be reimbursed for any amount that she may be required to
repay pursuant to the Employment Insurance Act.
(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.
23.03 Special Maternity Allowance for Totally Disabled
Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in
subparagraph 23.02(a)(ii) solely because a concurrent entitlement
to benefits under the Disability Insurance (DI) Plan, the
Longterm Disability (LTD) Insurance portion of the Public Service
Management Insurance Plan (PSMIP) or the Government Employees
Compensation Act prevents her from receiving Employment
Insurance pregnancy benefits,
and
(ii) has satisfied all of the other eligibility criteria
specified in paragraph 23.02(a), other than those specified in
sections (A) and (B) of subparagraph 23.02(a)(iii),
shall be paid, in respect of each week of maternity allowance
not received for the reason described in subparagraph (i), the
difference between ninety-three per cent (93%) of her weekly rate
of pay and the gross amount of her weekly disability benefit
under the DI Plan, the LTD Plan or via the Government
Employees Compensation Act.
(b) An employee shall be paid an allowance under this clause
and under clause 23.02 for a combined period of no more than the
number of weeks during which she would have been eligible for
pregnancy benefits pursuant to Section 22 of the Employment
Insurance Act had she not been disqualified from Employment
Insurance pregnancy benefits for the reasons described in
subparagraph (a)(i).
23.04 Transitional Provisions
If, on the date of signature of the Memorandum of Agreement
modifying the provisions of this Article, an employee is
currently on maternity leave without pay or has requested a
period of maternity leave but has not commenced the leave, she
shall upon request be entitled to the provisions of this Article.
Any application must be received before the termination date of
the leave period originally requested.
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