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Part IV - Leave

Article 28
Leave General

28.01

(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.

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.

Article 29
Vacation Leave With Pay

Scheduling of Vacation Leave With Pay

29.07

(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.

29.15

(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 33
Maternity Leave Without Pay

33.02 Maternity Allowance

(i) 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 and the CFO Transitional Allowance, where applicable, for each week of the waiting period, less any other monies earned during this period,

and

(ii) for each week that the employee receives a maternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, she is eligible to receive the difference between ninety-three per cent (93%) of her weekly rate of pay and the CFO Transitional Allowance, where applicable, 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.

(g) The weekly rate of pay referred to in paragraph (f) shall be the rate and the CFO Transitional Allowance, where applicable, to which the employee is entitled for her substantive level to which she is appointed.

(h) 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 and the CFO Transitional Allowance, where applicable, she was being paid on that day.

33.03 Special Maternity Allowance for Totally Disabled Employees

(a) An employee who:

(i) fails to satisfy the eligibility requirement specified in subparagraph 33.02(a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Long-Term Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or the Government Employees Compensation Act prevents her from receiving Employment Insurance or Québec Parental Insurance Plan maternity benefits;

and

(ii) has satisfied all of the other eligibility criteria specified in subparagraph 33.02(a), other than those specified in sections (A) and (B) of subparagraph 33.02(a)(iii);

shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph 33.03(a)(i), the difference between ninety-three per cent (93%) of her weekly rate of pay and CFO Transitional Allowance, where applicable,, and the gross amount of her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.

Article 34
Maternity-Related Reassignment or Leave

34.02 An employee's request under clause 34.01 must be accompanied or followed as soon as possible by a medical certificate indicating the expected duration of the potential risk and the activities or conditions to avoid in order to eliminate the risk. Dependent upon the particular circumstances of the request, the Employer may obtain a medical opinion.

Article 35
Parental Leave Without Pay

35.02 Parental Allowance

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

(ii) for each week in respect of which the employee receives parental, adoption or paternity benefits under the Employment Insurance of 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 and the CFO Transitional Allowance, where applicable, 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 or 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;

(iii) 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 and the CFO Transitional Allowance, where applicable, for each week, less any other monies earned during this period.

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

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

35.03 Special Parental Allowance for Totally Disabled Employees

(a) An employee who:

(i) fails to satisfy the eligibility requirement specified in subparagraph 35.02(a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Long-term Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or via the Government Employees Compensation Act prevents the employee from receiving Employment Insurance or Québec Parental Insurance Plan benefits,

and

(ii) has satisfied all of the other eligibility criteria specified in paragraph 35.02(a), other than those specified in sections (A) and (B) of subparagraph 35.02(a)(iii),

shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in subparagraph 35.03(a)(i), the difference between ninety-three per cent (93%) of the employee's rate of pay and the CFO Transitional Allowance, where applicable, 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.

Article 36
Leave Without Pay for the Care of Immediate Family

36.03

(e) notwithstanding clause 36.02 and paragraph 36.03(b) above, an employee who provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) Compassionate Care Benefits may be granted leave for periods of less than three (3) weeks while in receipt of or awaiting these benefits.

(f) leave granted under this clause may exceed the five (5) year maximum provided in paragraph (c) above only for the periods where the employee provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) Compassionate Care Benefits.