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Part IV - Leave

Article 28
Leave General

28.01

(a) When an employee becomes subject to this Agreement, the employee's earned daily leave credits shall be converted into hours. When the employee ceases to be subject to this Agreement, the employee's earned hourly leave credits shall be reconverted into days, with one day being equal to seven point five (7.5) hours.

(b) Earned leave credits or other leave entitlements shall be equal to seven point five (7.5) hours per day.

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(c) When leave is granted, it will be granted on an hourly basis and the number of hours debited for each day of leave shall be equal to the number of hours of work scheduled for the employee for the day in question.

(d) Notwithstanding the above, in Article 40, Bereavement Leave with Pay, a "day" will mean a calendar day.

28.02 Except as otherwise specified in this Agreement, where leave without pay for a period in excess of three (3) months is granted to an employee for reasons other than illness, the total period of leave granted shall be deducted from "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave shall not be counted for pay increment purposes.

28.03 An employee is entitled, once in each fiscal year, to be informed upon request, of the balance of the employee's vacation and sick leave credits.

28.04 The amount of leave with pay earned but unused credited to an employee by the Employer at the time when this Agreement is signed, or at the time when the employee becomes subject to this Agreement, shall be retained by the employee.

28.05 An employee shall not be granted two (2) different types of leave with pay or monetary remuneration in lieu of leave in respect of the same period of time.

28.06 An employee is not entitled to leave with pay during periods the employee is on leave without pay or under suspension.

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28.07 In the event of termination of employment for reasons other than incapacity, death or lay-off, the Employer shall recover from any monies owed to the employee an amount equivalent to unearned vacation and sick leave taken by the employee, as calculated from the classification prescribed in the employee's certificate of appointment on the date of the termination of the employee's employment.

28.08 An employee shall not earn leave credits under this Agreement in any month for which leave has already been credited to the employee under the terms of any other collective agreement to which the Employer is a party or under other rules or regulations of the Employer.

28.09 When an employee who is in receipt of a special duty allowance or an extra duty allowance is granted leave with pay, the employee is entitled during the employee's period of leave to receive the allowance if the special or extra duties in respect of which the employee is paid the allowance were assigned to the employee on a continuing basis, or for a period of two (2) or more months prior to the period of leave.

Article 29
Vacation Leave With Pay

29.01 The vacation year shall be from April 1^st to March 31^st of the following calendar year, inclusive.

29.02 Accumulation of Vacation Leave Credits

An employee shall earn vacation leave credits at the following rate for each calendar month during which the employee receives pay for at least seventy-five (75) hours:

(a) nine point three seven five (9.375) hours, until the month in which the anniversary of the employee's eighth (8^th) year of service occurs;

(b) twelve point five (12.5) hours, commencing with the month in which the employee's eighth (8^th) anniversary of service occurs;

(c) thirteen point seven five (13.75) hours, commencing with the month in which the employee's sixteenth (16^th) anniversary of service occurs;

(d) fourteen point three seven five (14.375) hours, commencing with the month in which the employee's seventeenth (17^th) anniversary of service occurs;

(e) fifteen point six two five (15.625) hours, commencing with the month in which the employee's eighteenth (18^th) anniversary of service occurs;

(f) sixteen point eight seven five (16.875) hours, commencing with the month in which the employee's twenty-seventh (27^th) anniversary of service occurs;

(g) eighteen point seven five (18.75) hours, commencing with the month in which the employee's twenty-eighth (28^th) anniversary of service occurs;

(h) for the purpose of clauses 29.02 and 29.15 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.

29.03 Entitlement to Vacation Leave With Pay

An employee is entitled to vacation leave with pay to the extent of the employee's 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.

Scheduling of Vacation Leave With Pay

29.04

(a) Employees are expected to take all their vacation leave during the vacation year in which it is earned.

(b) In order to maintain operational requirements, the Employer reserves the right to schedule an employee's vacation leave but shall make every reasonable effort:

29.05 The Employer shall give an employee as much notice as is practicable and reasonable of approval, rejection or cancellation of a request for vacation with pay. In the case of rejection or cancellation of such leave, the Employer shall give the written reason therefore, upon written request from the employee.

29.06 Where, in respect of any period of vacation leave with pay, an employee:

(a) is granted bereavement leave,

or

(b) is granted leave with pay because of illness in the immediate family,

or

(c) is granted sick leave on production of a medical certificate,

the period of vacation leave with pay so displaced shall either be added to the vacation period, if requested by the employee and approved by the Employer, or reinstated for use at a later date.

29.07

(a) Where in any vacation year all of the vacation leave credited to an employee has not been scheduled, the unused portion of the vacation leave up to a maximum of two hundred and sixty-two point five (262.5) hours credit shall be carried over into the following vacation year. All vacation leave credits in excess of two hundred and sixty-two point five (262.5) hours will be paid in cash at the employee's daily rate of pay as calculated from the classification prescribed in the employee's certificate of appointment of the employee's substantive position on the last day of the vacation year.

(b) Notwithstanding the maximum allowable carryover specified under 29.07(a), 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, at the request of the employee, be carried over and used in the next vacation year.

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(c) Upon application by the employee and at the discretion of the Employer, earned but unused vacation leave credits may be paid in cash at the employee's daily rate of pay as calculated from the classification prescribed in the employee's certificate of appointment of the employee's substantive position on March 31^st of the previous vacation year.

29.08 Recall from Vacation Leave With Pay

(a) The Employer will make every reasonable effort not to recall an employee to duty after the employee has proceeded on vacation leave with pay.

(b) Where, during any period of vacation leave with pay, an employee is recalled to duty, the employee shall be reimbursed for reasonable expenses, as normally defined by the Employer, that the employee incurs:

(c) The employee shall not be considered as being on vacation leave during any period in respect of which the employee is entitled under paragraph (b) to be reimbursed for reasonable expenses incurred by the employee.

29.09 Leave When Employment Terminates

When an employee dies or otherwise ceases to be employed, the employee or the employee's estate shall be paid an amount equal to the product obtained by multiplying the number of hours of earned but unused vacation leave with pay to the employee's credit by the hourly rate of pay as calculated from the classification prescribed in the employee's certificate of appointment on the date of the termination of the employee's employment, except that the Employer shall grant the employee any vacation earned but not used by the employee before the employment is terminated by lay-off if the employee so requests because of a requirement to meet minimum continuous employment requirements for severance pay.

29.10 Appointment to a Separate Employer

Notwithstanding clause 29.09, 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, provided that the appointing organization will accept such credits.

29.11 Appointment from a Separate Employer

The Employer agrees to accept the unused vacation leave credits up to a maximum of thirty-five (35) days of an employee who resigns from an organization listed in Schedule V of the Financial Administration Act in order to take a position with the Employer if the transferring employee is eligible and has chosen to have these credits transferred.

29.12 Notwithstanding clause 29.09, an employee whose employment is terminated for cause pursuant to Section 12(1)(d) of the Financial Administration Act by reason of abandonment of the employee's position is entitled to receive the payment referred to in clause 29.09, if the employee requests it within six (6) months following the date upon which the employee's employment is terminated.

29.13 Advance Payments

(a) The Employer agrees to issue advance payments of estimated net salary for vacation periods of two (2) or more complete weeks, provided a written request for such advance payment is received from the employee at least six (6) weeks prior to the last pay day before the employee's vacation period commences.

(b) Providing the employee has been authorized to proceed on vacation leave for the period concerned, pay in advance of going on vacation shall be made prior to departure. Any overpayment in respect of such pay advances shall be an immediate first charge against any subsequent pay entitlements and shall be recovered in full prior to any further payment of salary.

29.14 Cancellation of Vacation Leave

(a) The Employer will make every reasonable effort not to cancel a period of vacation leave which it has previously approved in writing.

(b) When the Employer cancels or alters a period of vacation which it has previously approved in writing, the Employer shall reimburse the employee for the non-returnable portion of vacation contracts and reservations made by the employee in respect of that period, subject to the presentation of such documentation as the Employer may require. The employee must make every reasonable attempt to mitigate any losses incurred and will provide proof of such action, when available, to the Employer.

29.15

(a) Employees shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay on the first (1^st) day of the month following the employee's second (2^nd) anniversary of service, as defined in clause 29.02(h).

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(b) The vacation leave credits provided in clauses 29.15(a) above shall be excluded from the application of paragraph 29.07 dealing with the Carry-over and/or Liquidation of Vacation Leave.

Article 30
Sick Leave With Pay

30.01 Credits

An employee shall earn sick leave credits at the rate of nine point three seven five (9.375) hours for each calendar month for which the employee receives pay for at least seventy-five (75) hours.

Granting of Sick Leave

30.02 An employee shall be granted sick leave with pay when the employee is unable to perform the employee's duties because of illness or injury provided that:

(a) the employee satisfies the Employer of this condition in such manner and at such time as may be determined by the Employer,

and

(b) the employee has the necessary sick leave credits.

30.03 Unless otherwise informed by the Employer, a statement signed by the employee stating that because of illness or injury the employee was unable to perform the employee's duties, shall, when delivered to the Employer, be considered as meeting the requirements of paragraph 30.02(a).

30.04 Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provision of clause 30.02 above, sick leave with pay may, at the discretion of the Employer, be granted to an employee for a period of up to one hundred and eighty-seven point five (187.5) hours, subject to the deduction of such advanced leave from any sick leave credits subsequently earned and, in the event of termination of employment for other than death or lay-off, the recovery of the advance from any monies owed the employee.

30.05 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.

30.06 Where, in respect of any period of compensatory leave, an employee is granted sick leave with pay on production of a medical certificate, the period of compensatory leave so displaced shall either be added to the compensatory leave period if requested by the employee and approved by the Employer or reinstated for use at a later date.

30.07 Sick leave credits earned but unused by an employee during a previous period of employment in the Public Service shall be restored to an employee whose employment was terminated by reason of lay off and who is reappointed in the Public Service within two (2) years from the date of lay off.

30.08 The Employer agrees that an employee shall not be terminated for cause for reasons of incapacity pursuant to Section 12(l)(d) of the Financial Administration Act at a date earlier than the date at which the employee will have utilized the employee's accumulated sick leave credits, except where the incapacity is the result of an injury or illness for which Injury on Duty Leave has been granted pursuant to clause 32.01.

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