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Credits
**
24.01
An employee shall earn sick leave credits at the rate of nine decimal three seven
five (9.375) hours for each calendar month for which the employee receives pay for
at least seventy-five (75) hours.
24.02
An employee shall be granted sick leave with pay when the employee is unable to
perform his or her duties because of illness or injury provided that:
- he or she satisfies the Employer of this
condition in such a manner and at such a time as may be determined by the Employer,
and
- he or she has the necessary sick leave credits.
24.03
Unless otherwise informed by the Employer, a statement signed by the employee describing
the nature of illness or injury and stating that because of this illness or injury
the employee was unable to perform his or her duties shall, when delivered to the
Employer, be considered as meeting the requirements of clause 24.02(a).
24.04
An employee shall not be granted sick leave with pay during any period in which
the employee is on leave of absence without pay, or under suspension.
24.05
When an employee is granted sick leave with pay and injury-on-duty leave is subsequently
approved for the same period, it shall be considered for the purpose of the record
of sick leave credits that the employee was not granted sick leave with pay.
24.06
Where an employee has insufficient or no credits to cover the granting of sick leave
with pay under the provisions of clause 24.02, sick leave with pay may, at the discretion
of the Employer, be granted:
**
- for a period of up to one hundred and eighty-seven
decimal five (187.5) hours if the employee is awaiting a decision on an application
for injury-on-duty leave,
or
**
- for a period of up to one hundred and twelve
decimal five (112.5) hours if the employee has not submitted an application for
injury-on-duty leave,
subject to the deduction
of such advanced leave from any sick leave credits subsequently earned.
25.01
In respect of any requests for leave under this article, the employee, when required
by the Employer, must provide satisfactory validation of the circumstances necessitating
such requests, in such manner and at such time as may be determined by the Employer
and confirmed in writing.
25.02 Bereavement Leave With Pay
For the purpose of this
clause, immediate family is defined as father, mother (or alternatively stepfather,
stepmother, or foster parent), brother, sister, spouse, (including common-law spouse
resident with the employee), child (including child of common-law spouse), stepchild
or ward of the employee, grandparent, father-in-law, mother-in-law, grandchild and
relative permanently residing in the employee's household or with whom the employee
permanently resides.
**
- When a member of the employee's immediate
family dies, an employee shall be entitled to a bereavement period of four (4) consecutive
calendar days. Such bereavement period, as determined by the employee, must include
the day of the memorial commemorating the deceased, or must begin within two (2)
days following the death. During such period the employee shall be paid for those
days which are not regularly scheduled days of rest for that employee. In addition,
the employee may be granted up to three (3) days' leave with pay for the purpose
of travel related to the death.
- An employee is entitled up to one (1) day's
bereavement leave with pay for the purpose related to the death of the employee's
son-in-law, daughter-in-law, brother-in-law or sister-in-law.
-
It is recognized by the parties that the circumstances which call for leave in respect
of bereavement are based on individual circumstances. On request, the deputy head
of a department may, after considering the particular circumstances involved, grant
leave with pay for a period greater than that provided for in sub-clauses 25.02(a)
and (b).
25.03 Court Leave with Pay
The Employer shall
grant leave with pay to an employee for the period of time the employee is required:
- to be available for jury selection;
- to serve on a jury;
or
- by subpoena or summons to attend as a witness
in any proceeding except one to which an employee is a party and otherwise than
in the performance of the duties of his or her position, held:
**
- in
or under the authority of a court of justice,
- before
a court, judge, justice, magistrate or coroner,
- before
a Senate or House of Commons of Canada, or a committee of the Senate or House of
Commons,
- before
a legislative council, legislative assembly or house of assembly, or any committee
thereof that is authorized by law to compel the attendance of witnesses before it,
or
- 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.
25.04 Personnel Selection Leave With Pay
Where an employee
participates as a candidate in a personnel selection process for a position in the
public service, as defined in the Public Service
Labour Relations Act, the employee is entitled to leave of absence with pay
for the period during which the employee's presence is required for purposes of
the selection process, and for such further period as the Employer considers reasonable
for the employee to travel to and from the place where the employee's presence is
so required. Remuneration in these circumstances shall be limited to regular salary.
25.05 Injury-on-Duty Leave With Pay
An employee shall be
granted injury-on-duty leave with pay for such reasonable period as may be determined
by the Employer when a claim has been made pursuant to the Government Employees' Compensation Act, and a Workers' Compensation
authority has notified the Employer that it has certified that the employee is unable
to work because of:
- personal injury received in the performance
of the employee's duties and not caused by wilful misconduct,
or
- 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 for Canada any amount received by the employee
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.
25.06 Examination Leave With Pay
Leave of absence with
pay to write examinations may be granted by the Employer to an employee. 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 the employee's qualifications.
25.07 Maternity Leave Without
Pay
-
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 eighteen (18) weeks after the termination date of pregnancy.
- Notwithstanding paragraph (a):
- where
the employee has not yet proceeded on maternity leave without pay and her newborn
child is hospitalized,
or
- 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 eighteen (18) 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 eighteen (18) weeks.
- The extension described in paragraph (b)
shall end not later than fifty-two (52) weeks after the termination date of pregnancy.
- The
Employer may require an employee to submit a medical certificate certifying pregnancy.
- An employee who has
not commenced maternity leave without pay may elect to:
- use
earned vacation and compensatory leave credits up to and beyond the date that her
pregnancy terminates;
- use
her sick leave credits up to and beyond the date that her pregnancy terminates,
subject to the provisions set out in Article 24 Sick Leave. For purposes of this
subparagraph, the terms "illness" or "injury" used in Article 24 Sick Leave, shall
include medical disability related to pregnancy.
- 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.
- 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.
25.08 Maternity Allowance
-
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 (i), provided that she:
- has
completed six (6) months of continuous employment before the commencement of her
maternity leave without pay,
- provides
the Employer with proof that she has applied for and is in receipt of maternity
benefits under the Employment Insurance or the Québec Parental Insurance Plan in
respect of insurable employment with the Employer
and
- has
signed an agreement with the Employer stating that:
- 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;
- 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 maternity allowance;
-
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:
however,
an employee whose specified period of employment expired and who is rehired in any
portion of the Core Public Administration as specified in the Public Service
Labour Relations Act within a period of ninety (90) 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).
- 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).
- Maternity allowance payments made in accordance
with the SUB Plan will consist of the following:
- where
an employee is subject to a waiting period of two (2) weeks before receiving Employment
Insurance maternity 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
- for
each week that the employee receives a maternity benefit under the Employment Insurance
or the Québec Parental Insurance Plan, she is eligible to receive the difference
between ninety-three per cent (93%) of her weekly rate of pay and the maternity
benefit, less any other monies earned during this period which may result in a decrease
in her maternity benefit to which she would have been eligible if no extra monies
had been earned during this period.
- At the employee's request, the payment referred
to in subparagraph 25.08(c)(i) will be estimated and advanced to the employee. Adjustments
will be made once the employee provides proof of receipt of Employment Insurance
or Québec Parental Insurance Plan maternity benefits.
-
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 or the Parental Insurance Act in Québec.
- The weekly rate of pay referred to in paragraph
(c) shall be:
- for
a full-time employee, the employee's weekly rate of pay on the day immediately preceding
the commencement of maternity leave without pay,
- 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.
- 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.
-
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.
**
- Where an employee becomes eligible for a
pay increment or pay revision that would increase the maternity allowance, the allowance
shall be adjusted accordingly.
- Maternity allowance payments made under the
SUB Plan will neither reduce nor increase an employee's deferred remuneration or
severance pay.
25.09 Special Maternity Allowance for Totally
Disabled Employees
-
An employee who:
- fails to satisfy the eligibility requirement
specified in subparagraph 25.08(a)(ii) solely because a concurrent entitlement to
benefits under the Disability Insurance (DI) Plan, the Long-Term Disability (LTD)
Insurance portion of the Public Service Management Insurance Plan (PSMIP) or the
Government Employees Compensation Act
prevents her from receiving Employment Insurance or Québec Parental Insurance Plan
maternity benefits;
and
- has satisfied all of the other eligibility
criteria specified in paragraph 25.08(a), other than those specified in sections
(A) and (B) of subparagraph 25.08(a)(iii);
shall be paid, in respect of each week of maternity
allowance not received for the reason described in subparagraph 25.09(a)(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.
-
An employee shall be paid an allowance under this clause and under clause 25.08
for a combined period of no more than the number of weeks during which she would
have been eligible for maternity benefits under the Employment Insurance or the
Québec Parental Insurance Plan had she not been disqualified from Employment Insurance
or Québec Parental Insurance Plan maternity benefits for the reasons described in
subparagraph 25.09(a)(i).
25.10 Parental Leave Without
Pay
- 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.
- 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.
- Notwithstanding paragraphs (a) and (b) above,
at the request of an employee and at the discretion of the Employer, the leave referred
to in the paragraphs (a) and (b) above may be taken in two periods.
- Notwithstanding paragraphs (a) and (b):
- where
the employee's child is hospitalized within the period defined in the above paragraphs,
and the employee has not yet proceeded on parental leave without pay,
or
- 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 one hundred and
four (104) weeks after the day on which the child comes into the employee's care.
- An employee who intends to request parental
leave without pay shall notify the Employer at least four (4) weeks in advance of
the commencement date of such leave.
- The Employer may:
- defer
the commencement of parental leave without pay at the request of the employee;
- grant
the employee parental leave without pay with less than four (4) weeks' notice;
- require
an employee to submit a birth certificate or proof of adoption of the child.
- 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.
25.11 Parental Allowance
- An employee who has been granted parental
leave without pay, shall be paid a parental allowance in accordance with the terms
of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c)
to (i), providing he or she:
- has
completed six (6) months of continuous employment before the commencement of parental
leave without pay,
- provides the Employer with proof that he or
she has applied for and is in receipt of parental, paternity or adoption benefits
under the Employment Insurance or the Québec Parental Insurance Plan in respect
of insurable employment with the Employer,
and
- has signed an agreement with the Employer
stating that:
-
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;
-
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 25.08(a)(iii)(B),
if applicable;
-
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:
however,
an employee whose specified period of employment expired and who is rehired in any
portion of the Core Public Administration as specified in the Public Service
Labour Relations Act within a period of ninety (90) 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).
- 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).
- Parental Allowance payments made in accordance
with the SUB Plan will consist of the following:
- 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;
- for
each week the employee receives parental, adoption or paternity benefits under the
Employment Insurance or the Québec Parental Insurance Plan, he or she is eligible
to receive the difference between ninety-three per cent (93%) of his or her weekly
rate of pay and the parental, adoption or paternity benefit, less any other monies
earned during this period which may result in a decrease in his/her parental, adoption
or paternity benefit to which he or she would have been eligible if no extra monies
had been earned during this period;
- where
an employee has received the full eighteen (18) weeks of maternity benefit and the
full thirty-two (32) weeks of parental benefit under the Québec Parental Insurance
Plan and thereafter remains on parental leave without pay, she is eligible to receive
a further parental allowance for a period of two (2) weeks, ninety-three per cent
(93%) of her weekly rate of pay for each week, less any other monies earned during
this period.
- At the employee's request, the payment referred
to in subparagraph 25.11(c)(i) will be estimated and advanced to the employee. Adjustments
will be made once the employee provides proof of receipt of Employment Insurance
or Québec Parental Insurance Plan parental benefits.
- 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 or the Parental Insurance Act in Québec.
- The weekly rate of pay
referred to in paragraph (c) shall be:
- 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;
- 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.
- 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.
- 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.
**
- Where an employee becomes eligible for a
pay increment or pay revision that would increase the parental allowance, the allowance
shall be adjusted accordingly.
- Parental allowance payments made under the
SUB Plan will neither reduce nor increase an employee's deferred remuneration or
severance pay.
**
- The maximum combined, shared maternity and
parental allowances payable under this Collective Agreement shall not exceed fifty-two
(52) weeks for each combined maternity and parental leave without pay.
25.12 Special Parental Allowance for Totally
Disabled Employees
-
An employee who:
- fails to satisfy the eligibility requirement
specified in subparagraph 25.11(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 or Québec Parental Insurance
Plan benefits;
and
- has
satisfied all of the other eligibility criteria specified in paragraph 25.11(a),
other than those specified in sections (A) and (B) of subparagraph 25.11(a)(iii);
shall be paid, in respect of each week of benefits
under the parental allowance not received for the reason described in subparagraph
25.12(a)(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.
- An employee shall be paid an allowance under
this clause and under clause 25.11 for a combined period of no more than the number
of weeks during which the employee would have been eligible for parental, paternity
or adoption benefits under the Employment Insurance or the Québec Parental Insurance
Plan, had the employee not been disqualified from Employment Insurance or Québec
Parental Insurance Plan benefits for the reasons described in subparagraph 25.12(a)(i).
25.13 Leave Without Pay for the Care
and Nurturing of Preschool Age Children
Subject to operational
requirements as determined by the Employer an employee shall be granted leave without
pay for the care and nurturing of the employee's preschool age children in accordance
with the following conditions:
- an employee shall notify the Employer in
writing four (4) weeks in advance of the commencement date of such leave;
- leave granted under this clause shall be
for a minimum period of six (6) months;
- the total leave granted under this clause
shall not exceed five (5) years during an employee's total period of employment
in the public service;
- such leave shall be deducted for the calculation
of "continuous employment" for the purposes of calculating severance pay and vacation
leave;
- time spent on such leave shall not be counted
for pay increment purposes.
25.14 Leave Without Pay for Family-Related
Needs
Leave without pay will be granted for family-related needs, in the
following manner:
- Subject to operational requirements as determined
by the Employer, leave without pay for a period of up to three (3) months will be
granted to an employee for family-related needs.
- Subject to operational requirements as determined
by the Employer, leave without pay of more than three (3) months but not exceeding
one (1) year will be granted to an employee for family-related needs.
- An employee is entitled to leave without
pay for family-related needs only once under each of (a) and (b) of this clause
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, paternity
or adoption leave without the consent of the Employer.
- Leave without pay granted under (a) of this
clause shall be counted for the calculation of "continuous employment" for the purpose
of calculating severance pay and vacation leave for the employee involved. Time
spent on such leave shall be counted for pay increment purpose.
- Leave without pay granted under (b) of this
clause shall be deducted from the calculation of "continuous employment" for the
purpose of calculating severance pay and vacation leave for the employee involved.
Time spent on such leave shall not be counted for pay increment purposes.
25.15 Leave Without Pay for Relocation
of Spouse
- At the request of an employee, leave without
pay for a period up to one (1) year shall be granted to an employee whose spouse
is permanently relocated and up to five (5) years to an employee whose spouse is
temporarily relocated.
- Leave without pay granted under this clause
shall be deducted from the calculation of "continuous employment" for the purpose
of calculating severance pay and vacation leave for the employee involved except
where the period of such leave is less than three (3) months. Time spent on such
leave which is for a period of more than three (3) months shall not be counted for
pay increment purposes.
25.16 Leave With Pay for Family-Related
Responsibilities
- For the purpose of this clause, family is
defined as spouse (or common-law spouse resident with the employee), children (including
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.
- The Employer shall grant
leave with pay under the following circumstances:
- an
employee is expected to make every reasonable effort to schedule medical or dental
appointments for family members to minimize or preclude the employee's absence from
work, however, when alternate arrangements are not possible an employee shall be
granted up to one-half (1/2) day for a medical or dental appointment when the dependent
family member is incapable of attending the appointment by himself or herself, or
for appointments with appropriate authorities in schools or adoption agencies. An
employee requesting leave under this provision must notify his or her supervisor
of the appointment as far in advance as possible;
- leave
with pay to provide for the immediate and temporary care of a sick member of the
employee's family and to provide an employee with time to make alternate care arrangements
where the illness is of a longer duration;
- one
(1) day's leave with pay for needs directly related to the birth or to the adoption
of the employee's child. This leave may be divided into two (2) periods and granted
on separate days;
- The total leave with pay which may be granted
under sub-clause (b)(i), (ii) and (iii) shall not exceed thirty-seven decimal five
(37.5) hours in a fiscal year.
25.17 Leave With or Without Pay for
Other Reasons
At its discretion, the
Employer may grant leave with or without pay for purposes other than those specified
in this Agreement.
25.18 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, a single
period of up to seven decimal five (7.5) hours 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.
25.19 Volunteer 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, a single
period of up to seven decimal five (7.5) hours of leave with pay to work as a volunteer
for a charitable or community organization or activity, other than for activities
related to the Government of Canada Workplace Charitable
Campaign.
The leave will be scheduled
at times convenient both to the employee and the Employer. Nevertheless, the Employer
shall make every reasonable effort to grant the leaves at such times as the employee
may request.