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Article 11
Access to Premises

11.01 The Employer agrees that accredited union representatives may be granted access to the Employer's premises upon request and following the consent of the Employer. Such request shall be made in writing to the local officer-in-charge where time permits and orally in other cases.

11.02 Such consent shall not be unreasonably withheld.

Article 12
Check-Off

12.01 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.

12.02

1. The Local shall inform the Employer in writing of the authorized monthly deduction to be checked off for each employee defined in clause 12.01.
2. Any adjustment to an individual's dues deduction, other than as provided in 12.07, or a general dues adjustment, shall be made annually within sixty (60) days after the receipt by the Union of the "all employee list" as provided in clause 13.01.

12.03 For the purpose of applying clause 12.01, deductions from pay for each employee in respect of each month will start with the first (1st) full month of employment to the extent that earnings are available.

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12.04 An employee who satisfies the Local as to the bona fides of his or her claim and declares in an affidavit that he or she is a member of a religious organization registered pursuant to the Income Tax Act, whose doctrine prevents him or her as a matter of conscience from making financial contributions to an employee organization and that he or 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 the employee is countersigned by an official representative of the religious organization involved. The Local will inform the Employer accordingly.

12.05 No employee organization, as defined in section 2 of the Public Service Labour Relations Act, other than the Local, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of employees in the bargaining unit.

12.06 The amounts deducted in accordance with clause 12.01 shall be remitted to the Financial Secretary of the Union by cheque within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each employee and the deductions made on his/her behalf.

12.07 The Employer agrees to continue the past practice of making deductions for group life insurance on the basis of the production of appropriate documentation. The Employer will not be liable for informing employees when their Group Life coverage is affected because of lack of sufficient earnings to cover deductions or because of transfers between bargaining units.

Should there evolve a requirement for deductions other than above, the parties agree to discuss the matter and where the need is mutually recognized endeavour to implement the necessary change.

12.08 The Local 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 limited to the amount actually involved in the error.

Article 13
Information

13.01 The Employer will provide the Union with an updated "all employee list" twice (2X) a year to reflect January and July conditions as soon as practicable after January and July. The list will contain the name, level and, to the extent possible, the location of each employee in the Electronics group. The Employer will also provide the Union on a semi-annual basis in April and October, a list of new employees and their level assigned to the Electronics group and a list of employees who have left the group.

13.02 The Employer agrees to make available to each employee a copy of the collective agreement and Letters of Intent for his/her retention.

13.03 An employee, upon written request, shall be entitled to a copy of his or her job description, the level of the position and the point rating allotted by factor.

Article 14
Use of Employer Facilities

14.01 The Employer may permit the Local to use the Employer's premises outside the working hours of the employees for conducting meetings of their members, where refusal to grant permission would make it difficult for the Local to convene a meeting. The Local shall insure the orderly and proper conduct of its members who attend such meetings and agrees to be responsible for leaving facilities in good order after use.

14.02 The Employer may provide a private area, if and where available, for the Local's shop steward to be able to conduct his or her duties as a local representative.

14.03 Bulletin Boards

Reasonable space on bulletin boards will be made available to the Local for the posting of official Local notices. Such boards will be placed in convenient locations as determined by the Employer. Notices or other material shall require the prior approval of the Employer, except notices of meetings to their members and elections, of the meetings of Local representatives, or social and recreational affairs.

Article 15
Time Off for Local Business

15.01 Public Service Labour Relations Board Hearings

1. Complaints Made to the Public Service Labour Relations Board Pursuant to subsection 190(1) of the Public Service Labour Relations Act (PSLRA)
   Where operational requirements permit, in cases of complaints made to the Public Service Labour Relations Board pursuant to subsection 190(1) of the PSLRA alleging a breach of section 157, paragraphs 186(1)(a), 186(1)(b), subparagraph 186(2)(a)(i), paragraph 186(2)(b), section 187, paragraph 188(a) or subsection 189(1), of the PSLRA, the Employer will grant leave with pay:
   1. to an employee who makes a complaint on his/her own behalf,
      and
   2. to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Local making a complaint.
2. Applications for Certification, Representations and Interventions With Respect to Applications for Certification
   Where operational requirements permit, the Employer will grant leave without pay:
   1. to an employee who represents the Local in an application for certification or in an intervention,
      and
   2. to an employee who makes personal representations in opposition to a certification.
3. Employee Called as a Witness
   The Employer will grant:
   1. leave with pay to an employee called as a witness by the Public Service Labour Relations Board,
      and
   2. where operational requirements permit, leave with pay to an employee called as a witness by an employee or the Local.

15.02 Arbitration Board and Public Interest Commission

1. Where operational requirements permit, the Employer will grant leave with pay to an employee representing the Local before an Arbitration Board or Public Interest Commission.
2. Employee Called as a Witness
   The Employer will grant leave with pay to an employee called as a witness by an Arbitration Board or Public Interest Commission and, where operational requirements permit, leave with pay to an employee called as a witness by the Local.

15.03 Adjudication

1. Employee Who is a Party
   Where operational requirements permit, the Employer will grant to an employee who is a party, leave with pay.
2. Employee Who Acts as Representative
   Where operational requirements permit, the Employer will grant leave with pay to the representative of an employee who is a party.
3. Employee Called as a Witness
   Where operational requirements permit, the Employer will grant leave with pay to a witness called by an employee who is a party.

15.04 Contract Negotiations Meetings

Where operational requirements permit, the Employer will grant leave without pay to an employee for the purpose of attending contract negotiations meetings on behalf of the Local.

15.05 Preparatory Contract Negotiations Meetings

Where operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees to attend preparatory contract negotiations meetings.

15.06 Meetings Between Employee Organizations and Management

Where operational requirements permit, the Employer will grant time off with pay to a reasonable number of employees who are meeting with management on behalf of the Local.

15.07 Employee Organization Executive Board Meetings, Congress Conventions and National Union Committees

Where operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees to attend Executive Board meetings, Labour conventions and National Union Committees.

15.08 Stewards' Training Courses

Where operational requirements permit, the Employer will grant leave without pay to employees who are officers or who exercise the authority of a steward on behalf of the Local to undertake training related to such duties.

15.09 Leave Status

Where the status of leave requested cannot be determined until the Public Service Labour Relations Board or an Adjudicator has given a decision, leave without pay will be granted pending final determination of the appropriate leave status.

Article 16
Leave of Absence

16.01 When operational requirements permit, the Employer will grant leave of absence without pay to an employee elected to a full-time office of the Local. The duration of such leave shall be for the period the employee holds such office.

16.02 When operational requirements permit, the Employer will grant leave of absence without pay to an employee appointed to a position within the Local and who serves at the pleasure of an elected Officer of the Local.

16.03 All leave granted under this article shall be deducted from the calculation of "continuous employment" for the purpose of calculating severance pay for the employee involved.

Article 17
Vacation Leave

17.01 The vacation year extends from April 1 to March 31 coinciding with the fiscal year.

17.02 Accumulation of Vacation Leave

Effective Date of Signing

An employee who has earned at least ten (10) days' pay for each calendar month of a fiscal year shall earn vacation leave of:

1. fifteen (15) working days per fiscal year for an employee who has completed up to eight (8) years of service;
2. twenty (20) working days per fiscal year if he or she has completed eight (8) years of service;
3. twenty-two (22) working days per fiscal year if he or she has completed sixteen (16) years of service;
4. twenty-three (23) working days per fiscal year if he or she has completed seventeen (17) years of service;
5. twenty-five (25) working days per fiscal year if he or she has completed eighteen (18) years of service except that an employee who has received or is entitled to receive furlough leave shall accumulate twenty (20) working days only per fiscal year in his/her twenty-first (21st), twenty-second (22nd), twenty-third (23rd), twenty-fourth (24th) and twenty-fifth (25th) year of service;
6. twenty-seven (27) working days per fiscal year if he or she has completed twenty-seven (27) years of service;
7. thirty (30) working days per fiscal year if he or she has completed twenty-eight (28) years of service;
8. vacation leave provided under 17.02(a), (b), (c), (d), (e), (f), and (g) above, which is in excess of fifteen (15), twenty (20), twenty-two (22), twenty-three (23), twenty-five (25), or twenty-seven (27) days per fiscal year respectively shall be granted on a pro rata basis during the fiscal year in which the employee completes the required years of service;
   1. 1. for the purpose of clause 17.02 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 (1) year following the date of lay-off.
      2. Notwithstanding (i) above, an employee who was a member of the bargaining unit on December 20, 1989, or an employee who became a member of the bargaining unit between December 20, 1989 and June 30, 1991, shall retain, for the purpose of "service" and of establishing his or her vacation entitlement pursuant to this article, those periods of former service which had previously qualified for counting as continuous employment, until such time as his or her employment in the public service is terminated.

17.03 An employee who has not earned at least ten (10) days' pay for each calendar month of a fiscal year will earn vacation leave at one-twelfth (1/12) of the rate referred to in clause 17.02 for each calendar month for which he or she receives at least ten (10) days' pay. No employee shall as a result of transfer or temporary assignment into the bargaining unit earn a double entitlement for annual leave in the same month.

17.04 An employee is entitled to vacation leave with pay to the extent of his or her 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.

17.05 At the beginning of each fiscal year an employee will be credited with his/her entitled vacation leave in anticipation of his/her working and/or receiving pay for the following twelve (12) months.

17.06 To ensure that all concerned have information on vacation planning for the upcoming fiscal year, representatives of the Local shall be given the opportunity to consult with the Employer no later than April 1st. During such consultation the proposed vacation schedule for the upcoming year may be reviewed in light of previous experience. Further consultation in respect of leave planning may be scheduled as the need arises.

17.07 An employee's vacation shall normally be taken in the fiscal year in which he or she becomes eligible for it. The Employer shall, subject to the operational requirements of the service, make every reasonable effort:

1. to schedule an employee's vacation leave for at least two (2) consecutive weeks, if so requested by the employee not later than May 1st;
2. to give next priority to periods of vacation for which a request is made by employees prior to June 1st;
3. subject to (a) and (b) above, to schedule an employee's vacation leave at a time acceptable to him or her;
4. after October 1st and after consultation with the employee, and with a minimum of fourteen (14) day's advance notice, to assign him or her available vacation periods if the Employer has been unable to schedule vacation during the periods preferred by the employee or if the employee has not filed with the Employer his or her vacation preference by October 1st;
5. to permit an employee to use at an agreed time in the following vacation year, any unused vacation credits earned by him or her in the current vacation year, provided that the employee has filed by October 1st a request in writing which includes his/her reason(s) for such request. Approval of such requests will be limited to exceptional circumstances which would require a vacation period of longer consecutive duration than that to which the employee would be entitled in the following vacation year, and which can be accommodated having regard to the projected vacation entitlements of others for the time requested. However, if the circumstances warrant, consideration will be given to requests which, while not entailing a longer consecutive duration, do entail a longer period of vacation than the employee would otherwise have available in that year;
6. to comply with an employee's request that he or she be permitted to take vacation leave of five (5) or more days in accordance with the shift schedule so as to provide for the employee's normal days of rest immediately preceding and following the period of vacation leave.

17.08 Carry-Over and/or Liquidation of Vacation Leave

1. Where in any vacation year, an employee has not been granted all of the vacation leave credited to him or her, the unused portion of his or her vacation leave up to a maximum of thirty-five (35) days' credits shall be carried over into the following vacation year. All vacation leave credits in excess of thirty-five (35) days shall be automatically paid in cash at his or her daily rate of pay as calculated from the classification prescribed in his or her certificate of appointment of his or her substantive position on the last day of the vacation year.
2. 1. Notwithstanding sub-clause (a), if on the date of signing of this Agreement or on the date an employee becomes subject to this Agreement, he or she has more than thirty-five (35) days of unused vacation leave credits earned during previous years, this number of unused vacation leave credits shall become the employee's accumulated leave maximum.
   2. Unused vacation leave credits equivalent to the employee's accumulated leave maximum shall be carried over into the following vacation year.
   3. Unused vacation leave credits in excess of the employee's accumulated leave maximum shall be automatically paid in cash at his or her daily rate of pay as calculated from the classification prescribed in his or her certificate of appointment of his or her substantive position on the last day of the vacation year.
3. The employee's accumulated leave maximum shall be reduced irrevocably by the number of vacation leave credits liquidated in excess of the employee's annual vacation leave entitlement during the vacation year.
4. Notwithstanding (b)(iii), where the Employer cancels a period of vacation leave which has been previously approved in writing, and which cannot be rescheduled before the end of the vacation year, the cancelled leave may be carried over into the next vacation year.
5. Upon application by the employee and with the approval of the Employer earned but unused vacation leave credits carried forward from previous fiscal years shall be compensated at the employee's daily rate of pay as calculated from the classification prescribed in the employee's certificate of appointment of his or her substantive position on March 31st.

17.09 When a day that is a designated holiday for an employee falls within a period of vacation leave with pay, the holiday shall not count as a day of vacation leave.

17.10 Where, in respect of any period of vacation leave, an employee is granted sick leave with pay, on production of a medical certificate, the sick leave granted shall be substituted for vacation leave.

17.11 Where in respect of any period of vacation leave or a combination of vacation leave and lieu days, circumstances arise which necessitate examination leave in accordance with clause 21.07, the leave taken shall be substituted for vacation leave and/or lieu days.

17.12 An employee shall not be required to return to duty during any period of vacation leave.

When, during any period of vacation leave, an employee is requested to return to duty and reports as requested he or she shall be reimbursed for reasonable expenses, as normally defined by the Employer, that he or she incurs:

1. in proceeding to his or her place of duty,
   and
2. in returning to the place from which he or she was recalled if he or she immediately resumes vacation upon completing the assignment for which he or she was recalled,

after submitting such accounts as are normally required by the Employer.

The employee shall not be considered as being on vacation leave during any period in respect of which he or she is entitled to be reimbursed for reasonable expenses incurred by him or her by virtue of this clause.

17.13 Cancellation of Vacation

When an employee's approved vacation leave is cancelled before he or she is due to commence such vacation leave, the employee will be reimbursed reasonable expenses incurred due to cancellation.

The employee will make every reasonable attempt to mitigate any losses incurred and will provide proof of such action to the Employer.

17.14 When an employee dies or otherwise ceases to be employed after a period of continuous employment of not more than six (6) months, he or she or his or her estate shall, in lieu of earned vacation leave, be paid an amount equal to four per cent (4%) of the total of the pay and compensation for overtime received by the employee during his/her period of employment.

17.15 Subject to clause 17.16, when an employee dies or otherwise ceases to be employed, after a period of continuous employment of more than six (6) months, the employee or his or her estate shall, in lieu of earned but unused vacation or furlough leave, be paid an amount equal to the product obtained by multiplying the number of days of earned but unused vacation or furlough leave by the daily rate of pay applicable to the employee immediately prior to the termination of his/her employment.

17.16 An employee whose employment is terminated by reason of a declaration that he/she abandoned his or her position is not entitled to receive the payment referred to in clause 17.15 unless he or she requests it within six (6) months following the date upon which his or her employment is terminated.

17.17 When the employment of an employee who has been granted more vacation leave with pay than he or she has earned is terminated by death, the employee is considered to have earned the amount of leave with pay granted to him/her.

17.18 When the employment of an employee who has been granted more vacation leave with pay than he or she has earned is terminated by lay-off, the employee is considered to have earned the amount of leave with pay granted to him or her if at the time of his or her lay-off, the employee has completed two (2) or more years of continuous employment.

17.19 An employee is entitled, once in each fiscal year, to be informed, upon request, of the balance of his or her vacation leave with pay credits. In addition, as soon as possible after the end of fiscal year, an employee shall be informed in writing of the balance of his or her vacation leave with pay credits as of March 31st.

17.20 The amount of vacation leave with pay already credited to an employee by the Employer at the time this Agreement is signed shall be retained by the employee.

The amount of vacation leave with pay credited to a person by the Employer at the time that person joins the bargaining unit after the effective date of this Agreement shall be retained by that person.

17.21 An employee who, on the day that this Agreement is signed, is entitled to receive furlough leave, that is to say, five (5) weeks' leave with pay upon completing twenty (20) years of continuous employment, retains his or her entitlement to furlough leave subject to the conditions respecting the granting of such leave that are in force on the day that this Agreement is signed.

17.22 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.

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 departure. Any overpayments in respect of such pay advances shall be an immediate first (1st) charge against any subsequent pay entitlements and shall be recovered in full prior to any further payment of salary.

17.23 Notwithstanding clauses 17.14 and 17.15, an employee who resigns to accept an appointment with an organization listed in Schedule V of the Financial Administration Act may choose not to be paid for unused vacation and furlough leave credits, provided that the appointing organization will accept such credits.

17.24

1. Employees shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay on the first (1st) day of the month following the employee's second (2nd) anniversary of service, as defined in paragraph 17.02(i).
2. Transitional Provisions
   Effective on October 6, 2005, employees with more than two (2) years of service, as defined in paragraph 17.02(i), shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay.
3. The vacation leave credits provided in paragraphs 17.24(a) and (b) above shall be excluded from the application of clause 17.08 dealing with the carry-over and/or liquidation of vacation leave.

Article 18
Other Leave With or Without Pay

18.01

1. In respect of any request for leave under this article, the employee may be required by the Employer to provide satisfactory validation of the circumstances necessitating such requests.
2. A statement, written on or accompanying the leave form signed by the employee describing the reason for the leave shall normally satisfy the requirements of paragraph 18.01(a).

18.02 Bereavement Leave With Pay

For the purpose of this clause, immediate family is defined as father, mother, (or alternatively stepfather, stepmother, foster parent or former guardian of the employee), brother, sister, spouse, child, stepchild or ward of the employee, father-in-law, mother-in-law, step-brother, step-sister, grandparent, grandchild or a relative permanently residing in the employee's household or with whom the employee permanently resides.

1. When a member of his/her immediate family dies, and the employee attends the funeral, the employee shall be entitled to bereavement leave with pay for a period of up to five (5) consecutive calendar days and the period of such leave shall encompass the day of the funeral. In addition, when necessary, the employee may be granted for the purpose of related travel up to three (3) calendar days' leave with no reduction in his/her weekly rate of pay.
2. An employee is entitled to bereavement leave with pay for up to one (1) day to attend the funeral of his/her son-in-law, daughter-in-law, brother-in-law, sister-in-law, or in the event of the death of any member of the immediate family in paragraph (a) above when the employee is not attending the funeral.
3. 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 paragraphs 18.02(a) and (b).
4. Where in respect of any period of vacation leave or a combination of vacation leave and lieu days, circumstances arise which necessitate bereavement leave in accordance with clause 18.02, the leave taken shall be substituted for vacation leave and/or lieu days.

18.03 Maternity Leave Without Pay

1. 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.
2. Notwithstanding paragraph (a):
   1. where the employee has not yet proceeded on maternity leave without pay and her newborn child is hospitalized,
      or
   2. 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.
3. The extension described in paragraph (b) shall end not later than fifty-two (52) weeks after the termination date of pregnancy.
4. The Employer may require an employee to submit a medical certificate certifying pregnancy.
5. An employee who has not commenced maternity leave without pay may elect to:
   1. use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates;
   2. use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in Article 19, Sick Leave. For purposes of this subparagraph, the terms "illness" or "injury" used in Article 19, Sick Leave, shall include medical disability related to pregnancy.
6. 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.
7. 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.

18.04 Maternity Allowance

1. 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 paragraphs (c) to (i), provided that she:
   1. has completed six (6) months of continuous employment before the commencement of her maternity leave without pay,
   2. provides the Employer with proof that she has applied for and is in receipt of maternity benefits under the Employment Insurance Act or Québec Parental Insurance Plan in respect of insurable employment with the Employer,
      and
   3. has signed an agreement with the Employer stating that:
      1. 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;
      2. 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;
      3. 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).
2. 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).
3. Maternity allowance payments made in accordance with the SUB Plan will consist of the following:
   1. 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,
   2. for each week that the employee receives a maternity benefit under the Employment Insurance or 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.
4. At the employee's request, the payment referred to in subparagraph 18.04(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance or Québec Parental Insurance maternity benefits.
5. 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 Quebec Parental Insurance Act.
6. The weekly rate of pay referred to in paragraph (c) shall be:
   1. for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity leave without pay,
   2. 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.
7. 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.
8. 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.

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9. Where an employee becomes eligible for a pay increment or upward pay revision while in receipt of the maternity allowance, the allowance shall be adjusted accordingly.
10. Maternity allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.

18.05 Special Maternity Allowance for Totally Disabled Employees

1. An employee who:
   1. fails to satisfy the eligibility requirement specified in subparagraph 18.04(a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Long-Term Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or the Government Employees Compensation Act prevents her from receiving Employment Insurance or Québec Parental Insurance maternity benefits;
      and
   2. has satisfied all of the other eligibility criteria specified in paragraph 18.04(a), other than those specified in sections (A) and (B) of subparagraph 18.04(a)(iii);
   shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph 18.05(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.
2. An employee shall be paid an allowance under this clause and under clause 18.04 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 Québec Parental Insurance Plan had she not been disqualified from Employment Insurance or Québec Parental Insurance maternity benefits for the reasons described in subparagraph 18.05(a)(i).

18.06 Parental Leave Without Pay

1. 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.
2. 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.
3. 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.
4. Notwithstanding paragraphs (a) and (b):
   1. 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
   2. 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.
5. 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.
6. The Employer may
   1. defer the commencement of parental leave without pay at the request of the employee;
   2. grant the employee parental leave without pay with less than four (4) weeks' notice;
   3. require an employee to submit a birth certificate or proof of adoption of the child.
7. 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.

18.07 Parental Allowance

1. 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:
   1. has completed six (6) months of continuous employment before the commencement of parental leave without pay,
   2. 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 Québec Parental Insurance Plan in respect of insurable employment with the Employer,
      and
   3. has signed an agreement with the Employer stating that:
      1. the employee will return to work on the expiry date of his or her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
      2. 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 18.04(a)(iii)(B), if applicable;
      3. 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).
2. 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).
3. Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
   1. 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 or her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
   2. 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;
   3. 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.
4. At the employee's request, the payment referred to in subparagraph 18.07(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
5. 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 may be required to repay pursuant to the Employment Insurance Act or the Quebec Parental Insurance Act.
6. The weekly rate of pay referred to in paragraph (c) shall be
   1. 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;
   2. 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.
7. 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.
8. 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.

**

9. Where an employee becomes eligible for a pay increment or upward pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
10. Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.

**

11. 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.

18.08 Special Parental Allowance for Totally Disabled Employees

1. An employee who:
   1. fails to satisfy the eligibility requirement specified in subparagraph 18.07(a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Long-Term Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or via the Government Employees Compensation Act prevents the employee from receiving Employment Insurance or Québec Parental Insurance Plan benefits;
      and
   2. has satisfied all of the other eligibility criteria specified in paragraph 18.07(a), other than those specified in sections (A) and (B) of subparagraph 18.07(a)(iii);
   shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in subparagraph 18.08(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.
2. An employee shall be paid an allowance under this clause and under clause 18.07 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 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 18.08(a)(i).

**

18.09 Leave Without Pay for the Care of Immediate Family

1. Both parties recognize the importance of access to leave for the purpose of care for the immediate family.
2. For the purpose of clause 18.09, family is defined as spouse, common-law partner resident with the employee, children (including foster children or children of spouse or common-law partner), parents (including stepparents or foster parents) or any relative permanently residing in the employee's household or with whom the employee permanently resides.
3. Subject to paragraph 18.09(b), an employee shall be granted leave without pay for the Care of Immediate Family in accordance with the following conditions:
   1. 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;
   2. leave granted for a period of one (1) year or less shall be scheduled in a manner which ensures continued service delivery;
   3. notwithstanding (i) and (ii) above, subject to operational requirements, an employee may be granted leave for a period of less than four (4) months which encompasses all or part of the period extending from July 1st to August 31st. In such cases, an employee shall notify the Employer in writing as far in advance as possible, but not less than eight (8) weeks in advance of the commencement date of such leave;
   4. leave granted under this clause shall be for a minimum period of three (3) weeks;
4. 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.
5. 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.
6. All leave granted under Leave Without Pay for the Long-Term Care of a Parent or under Leave Without Pay for the Care and Nurturing of Pre-School Age Children under the terms of previous Electronics Group 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.
7. Transitional Provision
   This transitional provision is applicable to employees who have been granted and have proceeded on leave on or after the date of signature of this Agreement.
   1. 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 Long-Term Care of a Parent or on Leave Without Pay for the Care and Nurturing of Pre-School Age Children 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.

18.10 Leave Without Pay for Family-Related Needs

Leave without pay will be granted for family-related needs, in the following manner:

1. subject to operational requirements, leave without pay for a period of up to three (3) months will be granted to an employee for family-related needs;
2. subject to operational requirements, 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;
3. an employee is entitled to leave without pay for family-related needs only once under each of paragraphs (a) and (b) of this clause during his or her 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;
4. leave granted under paragraph (a) of 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;
5. leave without pay granted under paragraph (b) of this clause shall be deducted from the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave for the employee involved. Time spent on such leave shall not be counted for pay increment purposes.

18.11 Leave Without Pay for Relocation of Spouse

1. 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.
2. Leave without pay granted under this clause shall be deducted from the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating 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.

18.12 Leave With Pay for Family-Related Responsibilities

1. 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 step-parents or foster parents), or any relative permanently residing in the employee's household or with whom the employee permanently resides.
2. The Employer shall grant leave with pay under the following circumstances:
   1. 1. up to one-half (1/2) day for a medical or dental appointment when the family member is incapable of attending the appointment by himself or herself, or for appointments with appropriate authorities in schools or adoption agencies;
      2. up to one (1) day for a medical or dental appointment when the family member is incapable of attending the appointment by himself or herself, and when the required treatment is not available locally and additional travel time is needed;
      3. an employee requesting leave under this provision must notify his or her supervisor of the appointment as far in advance as possible;
   2. 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 alternative care arrangements where the illness is of a longer duration;
   3. to provide for the immediate and temporary care of an elderly member of the employee's family;
   4. two (2) day's leave with pay for needs directly related to the birth or to the adoption of the employee's child. This leave may be divided into two (2) periods and granted on separate days;
3. The total leave with pay which may be granted under subparagraphs (b)(i), (ii), (iii) and (iv) shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year.

18.13 Court Leave With Pay

Leave with pay shall be granted to every employee, other than an employee already on leave without pay, on education leave, or under suspension who is required

1. to be available for jury selection;
2. to serve on a jury;
   or
3. by subpoena or summons to attend as a witness in any proceeding except one to which an employee is a party, held:
   1. in or under the authority of a court of justice or before a grand jury;
   2. before a court, judge, justice, magistrate or coroner;
   3. 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 his or her position;
   4. 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
   5. 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.
4. If, during the performance of his or her normal duties, an incident arises which results in a court action requiring the employee's attendance in court either as a plaintiff or defendant, the employee will be granted the necessary leave with pay to attend court.

18.14 Personnel Selection Leave With Pay

Where an employee participates in a personnel selection process, including appeal 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, including appeal process, and for such further period as the Employer considers reasonable for the employee to travel to and from the place where his or her presence is so required. This clause applies equally in respect of the personnel selection process related to deployment.

18.15 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 where it is determined by a Provincial Workmen's Compensation Board that the employee is unable to perform his or her duties because of:

1. personal injury accidentally received in the performance of his or her duties and not caused by the employee's wilful misconduct,
2. sickness resulting from the nature of his or her employment,
   or
3. exposure to hazardous conditions in the course of his or her employment,

if the employee agrees to pay to the Receiver General of Canada any amount received by him or her for loss of wages in settlement of any claim the employee may have in respect of such injury, sickness or exposure.

18.16 Personal Leave Without Pay

Reasons for requesting leave without pay for personal reasons of up to three (3) days will not be required of the employee unless the number of requests is excessive or the granting of such leave would interfere with urgent work commitments. Permission to take such leave will not be unreasonably withheld.

18.17 Personal Leave with Pay

1. 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 seven decimal five (7.5) hours of leave with pay for reasons of a personal nature.
2. The leave will be scheduled at a time convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such time as the employee may request.

18.18 Volunteer Leave with Pay

1. 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 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.
2. The leave shall be scheduled at a time convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such time as the employee may request.

18.19 Leave With or Without Pay for Other Reasons

1. At its discretion, the Employer may grant leave with pay for purposes other than those specified in this Agreement including civil defence exercises and emergencies affecting the community or place of work.
2. At its discretion, the Employer may grant leave without pay for purposes other than those specified in this Agreement including upgrading of formal educational qualifications, enrolment in the Canadian Armed Forces, and election to a full-time municipal office.
3. Leave with pay may be granted an employee when circumstances not directly attributable to the employee prevent him or her reporting to work, from a location that may be considered a normal residential location for a person working at the employee's worksite (typical of that in which other public service employees working at the same worksite reside), or remaining on duty. Such leave shall not be unreasonably denied.

18.20 Except as otherwise specified in this Collective Agreement, periods of leave without pay in excess of three (3) months for reasons other than illness shall not be counted as "continuous employment" for the purpose of calculating severance pay nor as service for the purpose of calculating vacation leave. Time spent on such leave shall not be counted for pay increment purposes.

Article 19
Sick Leave

19.01 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 he or she receives pay for at least seventy-five (75) hours.

19.02 An employee is eligible for sick leave with pay when he or she is unable to perform his or her duties because of illness or injury provided that:

1. he or she has the necessary sick leave credits,
   and
2. he or she satisfies the Employer of this condition in such manner and at such time as may be determined by the Employer.

19.03 An employee is not eligible for sick leave with pay during any period in which he/she is on leave of absence without pay or under suspension.

19.04 Unless otherwise informed by the Employer, a statement signed by the employee stating that because of illness or injury he or she was unable to perform his or her duties shall, when delivered to the Employer, be considered as meeting the requirements of paragraph 19.02(b).

19.05 Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause 19.02, sick leave with pay may, at the discretion of the Employer, be granted:

1. 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
2. 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.

19.06 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.

19.07 The Employer agrees that an employee recommended for termination from employment under subparagraph 12(1)(e) of the Financial Administration Act for incapacity by reason of ill-health shall not be released at a date earlier than the date at which the employee could have utilized his/her accumulated sick leave credits.

19.08 When the employment of an employee who has been granted more sick leave with pay than he or she has earned is terminated by death, the employee is considered to have earned the amount of leave with pay granted to him or her.

19.09 When the employment of an employee who has been granted more sick leave with pay than he or she has earned is terminated by lay-off, the employee is considered to have earned the amount of leave with pay granted to him or her if at the time of his or her lay-off, he or she has completed two (2) or more years of continuous employment.

19.10 In the event of termination of employment for reasons other than death or lay-off, recovery will be made of any advance of sick leave from monies owed the employee.

19.11 An employee is entitled, twice (2X) in each fiscal year, to be informed, upon request, of the balance of his or her credits for sick leave with pay. In addition, as soon as possible after the end of each fiscal year, an employee shall be informed in writing of the balance of his or her sick leave with pay credits as of March 31st.

19.12 The amount of sick leave with pay already credited to an employee by the Employer at the time this Agreement is signed shall be retained by the employee.

The amount of sick leave with pay credited to a person by the Employer at the time that person joins the bargaining unit after the effective date of this Agreement shall be retained by that person.

Article 20
National Joint Council Agreements

20.01 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 Collective Agreement, subject to the Public Service Labour Relations Act (PSLRA) and any legislation by Parliament that has been or may be, as the case may be, established pursuant to any Act specified in subsection 113(b) of the PSLRA.

20.02 NJC items which may be included in a collective agreement are those items which the parties to the NJC agreements have designated as such or upon which the Chairman of the Public Service Labour Relations Board has made a ruling pursuant to subsection (c) of the NJC Memorandum of Understanding which become effective December 6, 1978.

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

1. Bilingualism Bonus Directive
2. Commuting Assistance Directive
3. First Aid to the General Public - Allowance for Employees
4. Foreign Service Directives
5. Isolated Posts and Government Housing Directive
6. Memorandum of Understanding on Definition of Spouse
7. Motor Vehicle Operations Directive
8. NJC Relocation Directive
9. Occupational Health and Safety Directive
10. Pesticides Directive
11. Public Service Health Care Plan Directive
12. Travel Directive
13. Uniforms Directive
14. Work Force Adjustment Directive

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

Grievances in regard to the above directives, policies or regulations shall be filed in accordance with clause 39.02.

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