Foreign Service (FS) 312 (Archived)

(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 partner), 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.

(i) where the employee's child is hospitalized within the period defined in the above paragraphs, and the employee has not yet proceeded on parental leave without pay,

(ii) where the employee has proceeded on parental leave without pay and then returns to work for all or part of the period during which his or her child is hospitalized,

the period of parental leave without pay specified in the original leave request may be extended by a period equal to that portion of the period of the child's hospitalization during which the employee was not on parental leave. However, the extension shall end not later than fifty-two (52) weeks after the day on which the child comes into the employee's care.

(d) An employee who intends to request parental leave without pay shall notify the Employer at least four (4) weeks in advance of the expected date of the birth of the employee's child (including the child of a common-law partner), or the date the child is expected to come into the employee's care pursuant to paragraphs (a) and (b).

(i) defer the commencement of parental leave without pay at the request of the employee;

(ii) grant the employee parental leave without pay with less than four (4) weeks' notice;

(iii) require an employee to submit a birth certificate or proof of adoption of the child.

(f) Parental leave without pay taken by a couple employed in the Public Service shall not exceed a total of thirty-seven (37) weeks for both individuals combined. For the purpose of this paragraph, Public Service means any portion of the Public Service of Canada specified in Part I of Schedule I of the Public Service Staff Relations Act.

(g) Leave granted under this clause shall count for the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave shall count for pay increment purposes.

24.02 Parental Allowance

(a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (j), providing he or she:

(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,

(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental benefits pursuant to Section 23 of the Employment Insurance Act in respect of insurable employment with the Employer,

and

(iii) has signed an agreement with the Employer stating that:

(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;

(B) Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 23.02(a)(iii)(B), if applicable;

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

(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 or her new period of employment is sufficient to meet the obligations specified in section (B).

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

(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;

(ii) other than as provided in subparagraph (iii) below, for each week in respect of which the employee receives parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance parental benefits he or she is eligible to receive and ninety-three per cent (93%) of his or her weekly rate of pay less any other monies earned during this period which may result in a decrease in Employment Insurance benefits to which he or she would have been eligible if no extra monies had been earned during this period;

(iii) where the employee becomes entitled to an extension of parental benefits pursuant to Subsection 12(7) of the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under Subsection 12(7) of the EI Act.

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

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

(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;

(ii) for an employee who has been employed on a part-time or on a combined full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full time during such period.

(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.

(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.

(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.

(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.

24.03 Special Parental Allowance for Totally Disabled Employees

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

and

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

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

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

24.04 Transitional Provisions

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

**ARTICLE 25
LEAVE WITHOUT PAY FOR THE CARE OF IMMEDIATE FAMILY

25.01 Both parties recognize the importance of access to leave for the purpose of care for the immediate family.

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

25.03 Subject to paragraph 25.02, an employee shall be granted leave without pay for the Care of Family in accordance with the following conditions:

(a) 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;

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

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

(d) leave granted for a period of one (1) year or less shall be scheduled in a manner which ensures continued service delivery;

(e) time spent on such leave which is for a period of more than three (3) months shall not be counted for pay increment purposes.

25.04 An employee who has proceeded on leave without pay may change his or her return to work date if such change does not result in additional costs to the Employer.

Transitional provisions

25.05

These transitional provisions are applicable to employees who have been granted and have proceeded on leave on or after the date of signature of this agreement.

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 (Article 25) or on Leave Without Pay for the Long-Term Care of a Parent and Other Family-Related Needs (Article 27) under the terms of the agreement expired on July 1, 2001, 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.

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 and Other Family-related needs or 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.

All leave granted under Leave Without Pay for the Long-Term Care of a Parent and Other Family-related Needs or under Leave Without Pay for the Care and Nurturing of Pre-School Age Children under the terms of previous Foreign Service collective agreements or 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.

ARTICLE 26
LEAVE WITH PAY FOR
FAMILY-RELATED RESPONSIBILITIES

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

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

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

(a) up to one (1) day to take a family member for medical or dental appointments, or for appointments with school authorities or adoption agencies, if the supervisor was notified of the appointment as far in advance as possible;

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

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

**ARTICLE 27
LEAVE WITHOUT PAY FOR PERSONAL NEEDS

27.01 Leave without pay will be granted for personal needs in the following manner:

(a) subject to operational requirements, leave without pay for a period of up to three (3) months will be granted to an employee for personal needs;

(b) subject to operational requirements, leave without pay for more than three (3) months but not exceeding one (1) year will be granted to an employee for personal needs;

(c) an employee is entitled to leave without pay for personal needs only once under each of paragraphs (a) and (b) during the employee's total period of employment in the Public Service. Leave without pay granted under this clause may not be used in combination with maternity or parental leave without the consent of the Employer;

(d) time spent on such leave in excess of three (3) months shall not be counted for pay increment purposes.

ARTICLE 28
MARRIAGE LEAVE

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

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

ARTICLE 29
LEAVE WITHOUT PAY FOR RELOCATION OF SPOUSE

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

ARTICLE 30
BEREAVEMENT LEAVE WITH PAY

30.01 For the purpose of this Article, immediate family is defined as father, mother, (or alternatively stepfather, stepmother, or foster parent), brother, sister, spouse (including common-law partner resident with the employee), child (including child of common-law partner), stepchild or ward of the employee, grandchild, grand-parent, father-in-law, mother-in-law and relative permanently residing in the employee's household or with whom the employee permanently resides.

(a) When a member of his immediate family dies, an employee shall be entitled to a bereavement period of five (5) consecutive calendar days which must include the day of the funeral. During such period he shall be paid for those days which are not regularly scheduled days of rest for him. In addition, he may be granted up to three (3) days' leave with pay for the purpose of travel related to the death.

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

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

30.04 It is recognized by the parties that the circumstances which call for leave in respect of bereavement are based on individual circumstances. On request, the deputy head of the department may, after considering the particular circumstances involved, grant leave with pay for a period greater than that provided for in clauses 30.01 and 30.02.

ARTICLE 31
COURT LEAVE WITH PAY

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

(i) in or under the authority of a court of justice or before a grand jury,

(ii) before a court, judge, justice, magistrate or coroner,

(iii) before the Senate or House of Commons of Canada, or a committee of the Senate or House of Commons, otherwise than in the performance of the duties of her position,

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

(v) before an arbitrator or umpire or a person or body of persons authorized by law to make an inquiry and to compel the attendance of witnesses before it.

ARTICLE 32
PERSONNEL SELECTION LEAVE WITH PAY

32.01 Where an employee participates in a personnel selection process, including the appeal process where applicable, for a position in the Public Service, as defined in the Public Service Staff Relations Act, he is entitled to leave with pay for the period during which his presence is required for purposes of the selection process, and for such further period as the Employer considers reasonable for him to travel to and from the place where his presence is so required.

ARTICLE 33
EDUCATIONAL LEAVE

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

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

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

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

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

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

ARTICLE 34
ATTENDANCE AT CONFERENCES AND CONVENTIONS

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

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

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

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

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

ARTICLE 35
PROFESSIONAL DEVELOPMENT

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

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

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

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

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

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

ARTICLE 36
EXAMINATION LEAVE

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

**ARTICLE 37
VOLUNTEER LEAVE

37.01 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 organisation or activity, other than for activities related to the Government of Canada Workplace Charitable Campaign.

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 38
LEAVE WITH OR WITHOUT PAY FOR OTHER REASONS

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

38.02 Personal Leave

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 leaves at such times as the employee may request.

PART V - OTHER TERMS AND CONDITIONS OF EMPLOYMENT

ARTICLE 39
FOREIGN SERVICE DIRECTIVES AND
NATIONAL JOINT COUNCIL AGREEMENTS

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

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

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

39.04 Upon request of an employee, the Employer shall make available at a mutually satisfactory time National Joint Council Agreements which form part of this collective agreement and which have a direct bearing on the requesting employee's terms and conditions of employment.

39.05

(a) The following directives, 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 Agreement:

Bilingualism Bonus Directive;

Commuting Assistance Directive;

Foreign Service Directives;

Public Service Health Care Plan.

Health/Safety

Boiler and Pressure Vessels Directive;

Committees and Representatives Directive;

Dangerous Substances Directive;

Electrical Directive;

Elevated Work Structures Directive;

Elevating Devices Directive;

First-Aid Allowance Directive;

First-Aid Safety and Health Directive;

Hazardous Confined Spaces Directive;

Material Handling Directive;

Motor Vehicle Operations Directive;

Noise Control and Hearing Conservation Directive;

Personal Protective Equipment and Clothing Directive;

Pesticides Directive;

Refusal to Work Directive;

Sanitation Directive;

Tools and Machinery Directive;

Use and Occupancy of Buildings Directive;

Isolated Posts Directive;

Living Accommodation Charges Directive;

Relocation Directive;

Travel Directive;

Uniforms Directive.

(b) During the term of this Agreement, other directives may be added to the above noted list.

39.06 Grievances in regard to the above directives shall be filed in accordance with clause 8.01 of the Article on grievance procedure in this Agreement.

ARTICLE 40
NO DISCRIMINATION

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

40.02

(a) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.

(b) If by reason of paragraph (a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

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

ARTICLE 41
SEXUAL HARASSMENT

41.01 The Association and the Employer recognize the right of employees to work in an environment free from sexual harassment and agree that sexual harassment will not be tolerated in the work place.

41.02

(a) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.

(b) If by reason of paragraph (a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

41.03 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 42
EMPLOYEE PERFORMANCE REVIEWS

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

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

**ARTICLE 43
REGISTRATION FEES

43.01 The Employer shall reimburse an employee for his payment of membership or other fees to a professional organization or organizations when the payment of such fees is necessary to maintain a professional qualification required by the Employer for the performance of any duties and/or responsibilities assigned.

**ARTICLE 44
JOB SECURITY

44.01 Subject to the willingness and capacity of individual employees to accept relocation and retraining, the Employer will make every reasonable effort to ensure that any reduction in the work force will be accomplished through attrition.

**ARTICLE 45
LABOUR DISPUTES

45.01 If employees are prevented from performing their duties because of a strike or lock-out on the premises of another employer, the employees shall report the matter to the Employer, and the Employer will make reasonable efforts to ensure that such employees are employed elsewhere, so that they shall receive their regular pay and benefits to which they would normally be entitled.

PART VI - PAY AND DURATION

ARTICLE 46
PAY ADMINISTRATION

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

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

46.03 Pay Ranges

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

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

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

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

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

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

(v) no payment or no notification shall be made pursuant to this paragraph for one ($1.) dollar or less.

46.04 In-range Pay Increases

(a) Effective August 1 of each year, commencing August 1, 2001, a full-time employee at the FS-2 level shall receive an in-range pay increment, unless his or her performance is less than fully satisfactory.

(i) any employee covered by the Foreign Service Developmental Pay Structure referred to in clause 46.05,

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

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

(iv) any salary-protected employee,

(v) an employee on leave without pay for longer than six (6) months.

46.05 Foreign Service Developmental Pay Structure

(b) The developmental pay structure comprises the four (4) rates of pay specified in Appendix "A". Recruits are expected to progress to the second, third and fourth rates in the developmental pay structure at months 18, 36 and 48, respectively, from the date of appointment into the developmental pay structure. Progression through the pay structure is governed by the Foreign Service Developmental Pay Plan, which does not form part of this Agreement.

46.06 In-Range Relativity Increase for FS-1 employees

Effective January 1, 2002, this clause is deleted from the agreement.

Notwithstanding paragraph 46.04(b)(ii), commencing on December 31, 1998, the pay of an employee at the FS-1 level shall be at least equal to the following rates of pay which are based on completed years of experience at that level as of December 31, 1998:

46.07 Acting Pay

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

When an acting assignment is in an Executive (EX) position, the employee is excluded from the application of Article 12 (Overtime) for the period where the employee is subject to the Performance Management Program for Executives. For greater certainty, an employee receiving payments provided under Article 12 (Overtime), shall not be subject to the Performance Management Program for Executives for the same time period.

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

46.08 No Additional Payments

An employee receiving payments provided under Article 12 (Overtime), Article 13 (Call Back), Article 14 (Standby), Article 15 (Designated Paid Holidays) shall not receive more than one compensation for the same service.

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

46.10 Statement of Duties

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

ARTICLE 47
AGREEMENT RE-OPENER

ARTICLE 48
TERM OF AGREEMENT

48.01 The duration of this Agreement shall be from the date it is signed to June 30, 2003.

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

ARTICLE 49
RELIGIOUS OBSERVANCE

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

49.02 Employees may, in accordance with the provisions of this Agreement, request annual leave, compensatory leave, leave without pay for other reasons in order to fulfill their religious obligations.

49.03 Notwithstanding clause 49.02, at the request of the employee and at the discretion of the Employer, time off with pay may be granted to the employee in order to fulfill his or her religious obligations. The number of hours with pay so granted must be made up hour for hour within a period of six (6) months, at times agreed to by the Employer. Hours worked as a result of time off granted under this clause shall not be compensated nor should they result in any additional payments by the Employer.

49.04 An employee who intends to request leave or time off under this Article must give notice to the Employer as far in advance as possible but no later than four (4) weeks before the requested period of absence.

ARTICLE 50
MEDICAL APPOINTMENT FOR PREGNANT EMPLOYEES

50.01 Up to half (1/2) a day of reasonable time off with pay will be granted to pregnant employees for the purpose of attending routine medical appointments.

50.02 Where a series of continuing appointments are necessary for the treatment of a particular condition relating to the pregnancy, absences shall be charged to sick leave.

ARTICLE 51
MATERNITY RELATED REASSIGNMENT OR LEAVE

51.01 An employee who is pregnant or nursing may, during the period from the beginning of pregnancy to the end of the twenty-fourth (24^th) week following the birth, request the Employer to modify her job functions or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of her current functions may pose a risk to her health or that of the foetus or child.

51.02 An employee's request under clause 51.01 must be accompanied or followed as soon as possible by a medical certificate indicating the expected duration of the potential risk and the activities or conditions to avoid in order to eliminate the risk. Dependent upon the particular circumstances of the request, the Employer may obtain an independent medical opinion.

51.03 An employee who has made a request under clause 51.01 is entitled to continue in her current job while the Employer examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to be immediately assigned alternative duties until such time as the Employer:

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

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

51.05 Where the Employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the Employer shall so inform the employee in writing and shall grant leave of absence without pay to the employee for the duration of the risk as indicated in the medical certificate. However, such leave shall end no later than twenty-four (24) weeks after the birth.

51.06 An employee whose job functions have been modified, who has been reassigned or who is on leave of absence shall give at least two (2) weeks notice in writing to the Employer of any change in duration of the risk or the inability as indicated in the medical certificate, except if there is a valid reason why that notice cannot be given. Such notice must be accompanied by a new medical certificate.

**APPENDIX "A"

FOREIGN SERVICE GROUP
PAY RANGES
(in dollars)

(X) Pay Adjustment Effective July 1, 2001
(A) Effective July 1, 2001
(Y) Pay Restructure Effective January 1, 2002
(B) Effective July 1, 2002

PAY NOTES

Employees who are subject to paragraph 46.06, who are at $51,507 on December 31, 2001 will move to $54,141 on January 1, 2002.

Employees who have been at the maximum rate of pay for their level for more than twelve (12) months on August 1, 2001, will move to the new maximum rate of pay effective August 1, 2001.

Effective July 1, 2001, an FS-2 employee shall be paid in (X) range of rates at the rate that is nearest to but not less than 4.4% higher than the employee's rate of pay on June 30, 2001.


Français	Contact Us	Help	Search	Canada Site
What's New	About Us	Policies	Site Map	Home