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Article
23
Religious Observance
23.01 The Employer shall make every reasonable effort to accommodate an employee who requests time off to fulfill his or her religious obligations.
23.02 Employees may, in accordance with the provisions of this Agreement, request annual leave, compensatory leave, leave without pay for other reasons in order to fulfill their religious obligations.
23.03 Notwithstanding clause 23.02, at the request of the employee and at the discretion of the Employer, time off with pay may be granted to the employee in order to fulfill his or her religious obligations. The number of hours with pay so granted must be made up hour for hour within a period of six (6) months, at times agreed to by the Employer. Hours worked as a result of time off granted under this clause shall not be compensated nor should they result in any additional payments by the Employer.
23.04 An employee who intends to request leave or time off under this Article must give notice to the Employer as far in advance as possible but no later than four (4) weeks before the requested period of absence, unless, because of unforeseeable circumstances, such notice cannot be given.
Article
24
Travelling Time
24.01 For the purposes of this Agreement, travelling time is compensated for only in the circumstances and to the extent provided for in this Article.
24.02 When an employee is required to travel outside the employee's headquarters area on government business, as these expressions are defined by the Employer, the time of departure and the means of such travel shall be determined by the Employer and the employee will be compensated for travel time in accordance with clauses 24.03 and 24.04. Travelling time shall include time necessarily spent at each stop-over enroute provided such stop-over is not longer than five (5) hours.
24.03 For the purposes of clauses 24.02 and 24.04, the travelling time for which an employee shall be compensated is as follows:
(a) for travel by public transportation, the time between the scheduled time of departure and the time of arrival at a destination, including the normal travel time to the point of departure, as determined by the Employer;
(b) for travel by private means of transportation, the normal time as determined by the Employer, to proceed from the employee's place of residence or work place, as applicable, direct to the employee's destination and, upon the employee's return, direct back to the employee's residence or work place;
(c) in the event that an alternate time of departure and/or means of travel is requested by the employee, the Employer may authorize such alternate arrangements, in which case compensation for travelling time shall not exceed that which would have been payable under the Employer's original determination.
24.04 If an employee is required to travel as set forth in clauses 24.02 and 24.03:
(a) on a normal working day on which the employee travels but does not work, the employee shall receive the employee's regular pay for the day;
(b) on a normal working day on which the employee travels and works, the employee shall be paid:
(i) the employee's regular pay for the day for a combined period of travel and work not exceeding the employee's regular scheduled working hours,
and
(ii) at the applicable overtime rate for additional travel time in excess of the employee's regularly scheduled hours of work and travel, with a maximum payment for such additional travel time not to exceed twelve (12) hours' pay at the straight-time rate of pay;
(c) on a day of rest or on a designated paid holiday, the employee shall be paid at the applicable overtime rate for hours travelled to a maximum of twelve (12) hours' pay at the straight-time rate of pay.
24.05 Compensation earned under this Article may be taken in the form of Compensatory Leave at the applicable overtime rate.
(a) Upon application by the employee and at the discretion of the Employer, payments earned under this article may be compensated in cash or compensatory leave with pay.
(b) The Employer shall grant compensatory leave at times convenient to both the employee and the Employer.
(c) Compensation leave earned in a fiscal year and outstanding on 30 September of the following fiscal year, as determined by the Employer, shall be paid at the employee's rate of pay as calculated from the classification prescribed in the employee's certificate of appointment on the 31 March of the previous year.
24.06 This Article does not apply to an employee when the employee travels by any type of transport in which the employee is required to perform work, and/or which also serves as the employee's living quarters during a tour of duty. In such circumstances, the employee shall receive the greater of:
(a) on a normal working day, the employee's regular pay for the day,
or
(b) pay for actual hours worked in accordance with Article 22, Designated Paid Holidays and the overtime provisions of this Agreement.
24.07 Compensation under this Article shall not be paid for travel time to courses, training sessions, conferences and seminars, unless the employee is required to attend by the Employer.
24.08 Travel Status Leave
(a) An employee who is required to travel outside his or her headquarters area on government business, as these expressions are defined by the Employer, and is away from his or her permanent residence for forty (40) nights during a fiscal year shall be granted seven point five (7.5) hours off with pay. The employee shall be credited with seven point five (7.5) hours off for each additional twenty (20) nights that the employee is away from his or her permanent residence to a maximum of eighty (80) additional nights.
(b) The maximum number of hours off earned under this clause shall not exceed thirty-seven point five (37.5) hours in a fiscal year and shall accumulate as compensatory leave with pay.
(c) This leave with pay is deemed to be compensatory leave and is subject to paragraphs 19.06(b) and (c).
The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars unless the employee is required to attend by the Employer.
Article
25
Severance Pay
25.01 Under the following circumstances and subject to clause 25.02, an employee shall receive severance benefits calculated on the basis of the employee's weekly rate of pay:
(a) Lay-off
(i) On the first lay-off two (2) weeks' pay for the first complete year of continuous employment and one (1) week's pay for each additional complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365).
(ii) On second or subsequent lay-off one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), less any period in respect of which the employee was granted severance pay under 25.01(a)(i).
(b) Resignation
(i) On resignation, subject to paragraph (d) and with ten (10) or more years of continuous employment, zero point five (0.5) week's pay for each complete year of continuous employment up to a maximum of twenty-six (26) years with a maximum benefit of thirteen (13) weeks' pay.
(ii) Notwithstanding subparagraph (b)(i), 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 severance pay provided that the appointing organization will accept the employee's Part I of Schedule I service for its severance pay entitlement.
(c) Rejection on Probation
On rejection on probation, when an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of rejection during a probationary period, one (1) week's pay.
(d) Retirement
(i) On retirement, when an employee is entitled to an immediate annuity under the Public Service Superannuation Act or when the employee is entitled to an immediate annual allowance, under the Public Service Superannuation Act,
or
(ii) a part-time employee, who regularly works more than thirteen point five (13.5) but less than thirty (30) hours a week, and who, if the employee were a contributor under the Public Service Superannuation Act, would be entitled to an immediate annuity thereunder, or who would have been entitled to an immediate annual allowance if the employee were a contributor under the Public Service Superannuation Act,
a severance payment in respect of the employee's complete period of continuous employment, comprised of one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay.
(e) Death
If an employee dies, there shall be paid to the employee's estate a severance payment in respect of the employee's complete period of continuous employment, comprised of one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty five (365), to a maximum of thirty (30) weeks' pay, regardless of any other benefit payable.
(f) Termination for Cause for Reasons of Incapacity or Incompetence
(i) When an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of termination for cause for reasons of incapacity pursuant to Section 12(l)(e) of the Financial Administration Act, one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.
(ii) When an employee has completed more than ten (10) years of continuous employment and ceases to be employed by reason of termination for cause of reasons of incompetence pursuant to Section 12(l)(d) of the Financial Administration Act, one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.
25.02 The period of continuous employment used in the calculation of severance benefits payable to an employee under this Article shall be reduced by any period of continuous employment in respect of which the employee was already granted any type of termination benefit. Under no circumstances shall the maximum severance pay provided under clause 25.01 above be pyramided.
25.03 The weekly rate of pay referred to in the above clauses shall be the weekly rate of pay to which the employee is entitled for the classification prescribed in the employee's certificate of appointment on the date of the termination of the employee's employment.
Article
26
Variable Hours of Work
26.01 The Employer and the Association agree that the following conditions shall apply to employees for whom variable hours of work schedules are approved pursuant to the relevant provisions of this Agreement.
26.02 It is agreed that the implementation of any such variation in hours shall not result in any additional expenditure or cost by reason only of such variation.
26.03 General Terms
(a) The scheduled hours of work of any day as set forth in a work schedule, may exceed or be less than the regular workday hours; starting and finishing times, meal breaks and rest periods shall be determined according to operational requirements as determined by the Employer and the daily hours of work shall be consecutive.
(b) For day workers, such schedules shall provide that an employee's normal workweek shall average thirty-seven point five (37.5) hours per week over the life of the schedule. The maximum life of a schedule shall be twenty-eight (28) days.
(c) Whenever an employee changes the employee's variable hours or no longer works variable hours, all appropriate adjustments will be made.
26.04 Specific Application
For greater certainty, the following provisions shall be administered as provided herein:
(a) Interpretation and Definitions
"Daily rate of pay" - shall not apply.
(b) Overtime
Overtime shall be compensated for all work performed:
(i) in excess of an employee's scheduled hours of work on a scheduled working day in accordance with the provisions of this Agreement;
(ii) on days of rest at the rate of one point five (1.5) times the employee's hourly rate of pay except that if the overtime is worked by the employee on two (2) or more consecutive and contiguous days of rest, the employee shall be paid at two (2) times the employee's hourly rate of pay for each hour worked on the second and subsequent days of rest. "Second and subsequent days of rest" means the second and subsequent days in an unbroken series of consecutive and contiguous calendar days of rest.
(c) Travel
Overtime compensation referred to in clause 24.04 shall only be applicable on a normal day for hours in excess of the employee's daily scheduled hours of work.
(d) Designated Paid Holidays
(i) A designated paid holiday shall account for seven point five (7.5) hours.
(ii) When an employee works on a Designated Paid Holiday, the employee shall be compensated, in addition to the normal daily hours', at the rate of one point five (1.5) times the employee's hourly rate of pay up to the employee's regular scheduled hours worked and at the rate of two (2) times the employee's hourly rate of pay for all hours worked in excess of the employee's regular scheduled hours.
(iii) When an employee works on a Designated Paid Holiday, which is not the employee's scheduled day of work, contiguous to a day of rest on which the employee also worked and received overtime in accordance with this Article, the employee shall be paid in addition to the pay that the employee would have been granted had the employee not worked on the holiday, two (2) times the employee's hourly rate of pay for all time worked.
(e) Acting Pay
The qualifying period for acting pay as specified in Article 55 shall be converted to hours.
Article
27
Part-time Employees
Definition
27.01 Part-time employee means an employee whose normal scheduled hours of work on an average are less than thirty-seven point five (37.5) hours per week but not less than those prescribed in the Public Service Labour Relations Act.
General
27.02 Part-time employees shall be entitled to the benefits provided under this Agreement in the same proportion as their normal weekly hours of work compare with the normal weekly hours of work of full-time employees, unless otherwise specified in this Agreement.
27.03 Part-time employees shall be paid at the straight-time rate of pay for all work performed up to seven point five (7.5) hours in a day or thirty-seven point five (37.5) hours in a week.
27.04 The days of rest provisions of this Agreement apply only in a week when a part-time employee has worked five (5) days and thirty-seven point five (37.5) hours in a week.
27.05 Leave will only be provided:
(a) during those periods in which employees are scheduled to perform their duties;
or
(b) where it may displace other leave as prescribed by this Agreement.
Designated Holidays
27.06 A part-time employee shall not be paid for the designated holidays but shall, instead be paid four point two five per cent (4.25%) for all straight-time hours worked.
27.07 When a part-time employee is required to work on a day which is prescribed as a designated paid holiday for a full-time employee in clause 22.01 of this Agreement, the employee shall be paid at the rate of one point five (1.5) times the employee's hourly rate of pay for all hours worked up to seven point five (7.5) hours and at the rate of two (2) times the employee's hourly rate of pay thereafter.
27.08 A part-time employee who reports for work as directed on a day which is prescribed as a designated paid holiday for a full-time employee in clause 22.01 shall be paid for the time actually worked in accordance with clause 27.07, or a minimum of four (4) hours pay at the straight-time rate, whichever is greater.
Overtime
27.09
(a) Overtime means authorized work performed in excess of seven point five (7.5) hours per day or thirty-seven point five (37.5) hours per week, but does not include time worked on a holiday.
(b) Notwithstanding paragraph (a), for employees whose normal scheduled hours of work are in excess of seven point five (7.5) hours per day, overtime means authorized work performed in excess of:
(i) those normal scheduled daily hours,
or
(ii) an average of thirty-seven point five (37.5) hours per week.
27.10 Subject to clause 27.09 a part-time employee who is required to work overtime shall be paid overtime as specified in clause 19.03 and in paragraphs 19.04(a) and (b).
Call-Back
27.11 When a part-time employee meets the requirements to receive call-back pay in accordance with clause 20.01 and is entitled to receive the minimum payment rather than pay for actual time worked, the part-time employee shall be paid a minimum payment of four (4) hours pay at the straight-time rate.
Reporting Pay
27.12 Subject to clause 27.04, when a part-time employee meets the requirements to receive reporting pay on a day of rest, in accordance with paragraph 19.03(b) and is entitled to receive a minimum payment rather than pay for actual time worked, the employee shall be paid a minimum payment of four (4) hours pay at the straight-time rate of pay.
Bereavement Leave
27.13 Notwithstanding clause 27.02, there shall be no prorating of a "day" in Article 40, Bereavement Leave With Pay.
Vacation Leave
27.14 A part-time employee shall earn vacation leave credits for each month in which the employee receives pay for at least twice (2) the number of hours in the employee's normal workweek, at the rate for years of employment established in clause 29.02, prorated and calculated as follows:
(a) when the entitlement is nine point three seven five (9.375) hours a month, zero point two five (0.25) of the hours in the employee's workweek per month;
(b) when the entitlement is twelve point five (12.5) hours a month, zero point three three three (0.333) of the hours in the employee's workweek per month;
(c) when the entitlement is thirteen point seven five (13.75) hours per month, zero point three six seven (0.367) of the hours in the employee's workweek per month;
(d) when the entitlement is fourteen point three seven five (14.375) hours a month, zero point three eight three (0.383) of the hours in the employee's workweek per month;
(e) when the entitlement is fifteen point six two five (15.625) hours a month, zero point four one seven (0.417) of the hours in the employee's workweek per month;
(f) when the entitlement is sixteen point eight seven five (16.875) hours a month, zero point four five zero (0.450) of the hours in the employee's workweek per month;
(g) when the entitlement is eighteen point seven five (18.75) hours a month, zero point five (0.5) of the hours in the employee's workweek per month.
Sick Leave
27.15 A part-time employee shall earn sick leave credits at the rate of zero point two five (0.25) of the number of hours in the employee's normal workweek for each calendar month in which the employee has received pay for at least twice the number of hours in the employee's normal workweek.
27.16 Vacation and Sick Leave Administration
(a) For the purposes of administration of clauses 27.14 and 27.15, where an employee does not work the same number of hours each week, the normal workweek shall be the weekly average of the hours worked at the straight-time rate calculated on a monthly basis.
(b) An employee whose employment in any month is a combination of both full-time and part-time employment shall not earn vacation or sick leave credits in excess of the entitlement of a full-time employee.
Severance Pay
27.17 Notwithstanding the provisions of Article 25, Severance Pay, where the period of continuous employment in respect of which severance benefit is to be paid consists of both full and part-time employment or varying levels of part-time employment, the benefit shall be calculated as follows: the period of continuous employment eligible for severance pay shall be established and the part-time portions shall be consolidated to equivalent full-time. The equivalent full-time period in years shall be multiplied by the full-time weekly pay rate for the appropriate group and level to produce the severance pay benefit.
