ARCHIVED - Financial Management - Archived

• Previous Page
• Table of Contents
• Next Page

This page has been archived.

Part III - Working Conditions

Article 18
Hours of Work

18.01 Day Work

1. The normal work week shall be thirty-seven point five (37.5) hours from Monday to Friday inclusive, and the normal work day shall be seven point five (7.5) consecutive hours, exclusive of a lunch period, between the hours of 7 a.m. and 6 p.m.

**

2. Subject to operational requirements as determined from time to time by the Employer, an employee shall have the right to select and request flexible hours between 6 a.m. and 6 p.m. and such request shall not be unreasonably denied.

18.02 Within five (5) days of notification of consultation served by either party, the Association shall notify the Employer in writing of the representative authorized to act on behalf of the Association for consultation purposes.

18.03 An employee on day work whose hours of work are changed to extend before or beyond the stipulated hours of 7 a.m. and 6 p.m., as provided in clause 18.01, and who has not received at least five (5) days' notice in advance of the starting time of such change, shall be paid for the first (1^st) day or shift worked subsequent to such change at the rate of one point five (1.5) times the employee's hourly rate of pay. Subsequent days or shifts worked on the revised hours shall be paid for at the straight-time rate, subject to the overtime provisions of this Agreement.

18.04

1. Notwithstanding the provisions of this Article, upon request of an employee and the concurrence of the Employer, an employee may complete the employee's weekly hours of employment in a period other than five (5) full days provided that over a period of fourteen (14), twenty-one (21) or twenty-eight (28) calendar days the employee works an average of thirty-seven point five (37.5) hours per week. As part of the provisions of this clause, attendance reporting shall be mutually agreed between the employee and the Employer. In every fourteen (14), twenty-one (21) or twenty-eight (28) day period such an employee shall be granted days of rest on such days as are not scheduled as a normal work day for the employee.
2. Notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in hours shall not result in any additional overtime work or additional payment by reason only of such variation nor shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the terms of this Agreement.

General

18.05 The Employer may require employees to register their attendance in a form or in forms to be determined by the Employer.

18.06 The Employer will provide two (2) rest periods of fifteen (15) minutes each per full working day.

Article 19
Overtime

19.01 Assignment of Overtime Work

1. The Employer shall make every reasonable effort to avoid excessive overtime and to allocate overtime work on an equitable basis among readily available qualified employees.
2. Except in cases of emergency, call-back or mutual agreement with the employee, the Employer shall, wherever possible, give at least four (4) hours' notice of any requirement for overtime work.

19.02 Overtime Compensation on a Normal Work Day

Subject to clause 19.04, an employee who is required to work overtime on the employee's normal work days is entitled to compensation at the rate of one point five (1.5) times the employee's hourly rate of pay for the first seven and one-half (7.5) overtime hours worked and double (2) time thereafter.

19.03 Overtime Compensation on a Day of Rest

Subject to clause 19.04, an employee who is required to work on a day of rest is entitled to compensation at the rate of one point five (1.5) times the employee's hourly rate of pay for the first seven point five (7.5) hours and the rate of two (2) times the employee's hourly rate of pay thereafter, except that:

1. when the employee is required by the Employer to work on two (2) or more consecutive and contiguous days of rest the employee shall be compensated on the basis of double (2) time for each hour worked on the second and each subsequent day of rest;
2. when the employee is required to report for work and reports on a day of rest, the employee shall be paid the greater of:
   1. compensation at the applicable overtime rate;
      or
   2. compensation equivalent to three (3) hours' pay at the applicable overtime rate except that the minimum of three (3) hours' pay shall apply only the first time that the employee reports for work during a period of eight (8) hours, starting with the employee's first reporting;
3. the minimum payment referred to in subparagraph (b)(ii) does not apply to part-time workers. Part-time employees will receive a minimum payment in accordance with clause 27.12.

19.04 An employee is entitled to overtime compensation under clauses 19.02 and 19.03 for each completed period of fifteen (15) minutes of overtime worked by her:

1. when the overtime work is authorized in advance by the Employer,
   and
2. when the employee does not control the duration of the overtime work.

19.05 Employees shall record starting and finishing times of overtime work in a form determined by the Employer.

19.06

1. Upon application by the employee and at the discretion of the Employer, overtime shall be compensated in cash except where, upon mutual agreement between the employee and the Employer, overtime may be compensated in compensatory leave with pay. The duration of such leave will be equal to the overtime worked multiplied by the applicable overtime rate. The rate of pay to which an employee is entitled during such leave shall be based on the employee's hourly rate of pay as calculated from the classification prescribed in the employee's certificate of appointment on the day immediately prior to the day on which leave is taken.
2. The Employer shall grant compensatory time off at times convenient to both the employee and the Employer.
3. 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 fiscal year.
4. The Employer will endeavour to pay cash compensation for overtime within two (2) months from the pay period in which it is earned.

19.07 Meals

1. An employee who works three (3) or more hours of overtime immediately before or immediately following the employee's normal hours of work shall be reimbursed the employee's expenses for one meal in the amount of ten dollars and fifty cents ($10.50), except where free meals are provided.
2. When an employee works overtime continuously extending four (4) hours or more beyond the period provided in paragraph (a), the employee shall be reimbursed for one additional meal in the amount of ten dollars and fifty cents ($10.50), except where free meals are provided.
3. Reasonable time with pay, to be determined by the Employer, shall be allowed the employee in order that the employee may take a meal break either at or adjacent to the employee's place of work.
4. Meal allowances under this clause shall not apply to an employee who is in travel status which entitles the employee to claim expenses for lodging and/or meals.

19.08 Compensation under this Article shall not be paid for overtime worked by an employee at courses, training sessions, conferences and seminars unless the employee is required to attend by the Employer.

19.09

1. If an employee is given instructions before the beginning of the employee's meal break or before the midpoint of the employee's work day whichever is earlier, to work overtime on that day and reports for work at a time which is not contiguous to the employee's work period, the employee shall be paid for the time actually worked, or a minimum of two (2) hours' pay at straight time, whichever is the greater.
2. If an employee is given instructions, after the midpoint of the employee's work day or after the beginning of the employee's meal break whichever is earlier, to work overtime on that day and reports for work at a time which is not contiguous to the employee's work period, the employee shall be paid for the time actually worked, or a minimum of three (3) hours' pay at straight time, whichever is the greater.

19.10

1. When an employee is required to report for work and reports under the conditions described in clauses 19.03 and 19.09, and is required to use transportation services other than normal public transportation services, the employee shall be reimbursed for reasonable expenses incurred as follows:
   1. mileage allowance at the rate normally paid to an employee when authorized by the Employer to use the employee's automobile when the employee travels by means of the employee's own automobile,
      or
   2. out-of-pocket expenses for other means of commercial transportation.
2. Except when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee's normal place of work, time spent by the employee reporting to work or returning to the employee's residence shall not constitute time worked.

Article 20
Call-Back Pay

20.01

1. If an employee is called back to work:
   1. on a designated paid holiday which is not the employee's scheduled day of work,
      or
   2. on the employee's day of rest,
      or
   3. after the employee has completed the employee's work for the day and has left the employee's place of work and returns to work at his or her normal place of work or at another work location designated by the Employer, the employee shall be paid the greater of,
   4. the minimum of three (3) hours' pay at the applicable overtime rate of pay for each call-back to a maximum of eight (8) hours' pay in an eight (8)-hour period. Such maximum shall include any reporting pay pursuant to clause 22.08 and sub-clause 19.03(b),
      or
   5. compensation at the applicable rate of overtime compensation for time worked, provided that the period worked by the employee is not contiguous to the employee's normal hours of work.
2. The minimum payment referred to in subparagraph (a)(iv) does not apply to part-time employees. Part-time employees will receive a minimum payment in accordance with clause 27.11.
3. Upon application by the employee and at the discretion of the Employer, payments earned under this Article may be compensated in cash or in compensatory leave.
4. The Employer shall grant compensatory leave at times convenient to both the employee and the Employer.
5. 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 fiscal year.

20.02 An employee who receives a call to duty or responds to a telephone or data line call while on standby or at any other time outside of his or her scheduled hours of work, may, at the discretion of the Employer work at the employee's residence or at another place to which the Employer agrees. In such instances, over an eight (8)-hour period which starts the first time an employee commences work, the employee shall be paid the greater of:

1. compensation at the applicable overtime rate for all accumulated time worked within the eight (8)-hour period,
   or
2. compensation equivalent to one (1) hour's pay at the straight-time rate.

20.03 Except when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee's normal place of work, time spent by the employee reporting to work or returning to the employee's residence shall not constitute time worked.

20.04 No Pyramiding of Payments

Payments provided under the Overtime, the Designated Paid Holidays, Reporting Pay and the Standby provisions of this Agreement and clause 20.01 above shall not be pyramided, that is an employee shall not receive more than one compensation for the same service.

Article 21
Standby

21.01 When the Employer requires an employee to be available on standby during off-duty hours, such employee shall be compensated at the rate of one-half (1/2) hour for each four (4) hour period or portion thereof for which the employee has been designated as being on standby duty.

21.02 An employee designated by letter or by list for stand-by duty shall be available during the employee's period of stand-by at a known telephone number and be available to return for duty as quickly as possible, if called. In designating employees for standby, the Employer will endeavour to provide for the equitable distribution of standby duties.

21.03 No standby payment shall be granted if an employee is unable to report for duty when required.

21.04 An employee on standby who is required to report for work shall be paid, over an eight (8) hour period which starts the first time an employee commences work, in addition to the standby pay, the greater of:

1. the applicable overtime rate for the time worked within the eight (8) hour period,
   or
2. the minimum of four (4) hours' pay at the hourly rate of pay, except that this minimum shall apply only the first (1^st) time that the employee is required to report for work during an eight (8) hour period.

21.05 An employee who receives a call to duty or responds to a telephone or data line call while on standby or at any other time outside of his or her scheduled hours of work, may, at the discretion of the Employer work at the employee's residence or at another place to which the Employer agrees. In such instances, over an eight (8)-hour period which starts the first time an employee commences work, the employee shall be paid the greater of:

1. compensation at the applicable overtime rate for all accumulated time worked within the eight (8)-hour period,
   or
2. compensation equivalent to one (1) hour's pay at the straight-time rate.

21.06

**

Compensation earned under this Article may be taken in the form of Compensatory Leave at the applicable rate.

1. Upon application by the employee and at the discretion of the Employer, payments earned under this Article may be compensated in cash or in compensatory leave.
2. The Employer shall grant compensatory leave at times convenient to both the employee and the Employer.
3. 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 fiscal year.

21.07 Except when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee's normal place of work, time spent by the employee reporting to work or returning to the employee's residence shall not constitute time worked.

21.08 No Pyramiding of Payments

Payments provided under the Overtime, the Designated Paid Holidays, Call-Back and Reporting Pay provisions of this Agreement and clause 21.04 above shall not be pyramided, that is an employee shall not receive more than one compensation for the same service.

Article 22
Designated Paid Holidays

22.01 Subject to clause 22.02, the following days shall be designated paid holidays for employees:

1. New Year's Day,
2. Good Friday,
3. Easter Monday,
4. the day fixed by proclamation of the Governor in Council for celebration of the Sovereign's Birthday,
5. Canada Day,
6. Labour Day,
7. the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,
8. Remembrance Day,
9. Christmas Day,
10. Boxing Day,
11. one additional day in each year that, in the opinion of the Employer, is recognized to be a provincial or civic holiday in the area in which the employee is employed or, in any area where, in the opinion of the Employer, no such additional day is recognized as a provincial or civic holiday, the first (1^st Monday in August,
12. one additional day when proclaimed by an Act of Parliament as a national holiday.

22.02 An employee absent without pay on both the employee's full working day immediately preceding and the employee's full working day immediately following a designated holiday is not entitled to pay for the holiday, except in the case of an employee who is granted leave without pay under the provisions of Article 12, Leave With or Without Pay For Association Business.

22.03

1. When a day designated as a holiday under clause 22.01 coincides with an employee's day of rest, the holiday shall be moved to the first (1^st) scheduled working day following the employee's day of rest. When a day that is a designated holiday is so moved to a day on which the employee is on leave with pay, that day shall count as a holiday and not as a day of leave.
2. When two (2) days designated as holidays under clause 22.01 coincide with an employee's consecutive days of rest, the holidays shall be moved to the employee's first two (2) scheduled working days following the days of rest. When the days that are designated holidays are so moved to days on which the employee is on leave with pay, those days shall count as holidays and not as days of leave.

22.04 When a day designated as a holiday for an employee is moved to another day under the provisions of clause 22.03:

1. work performed by an employee on the day from which the holiday was moved shall be considered as work performed on a day of rest,
   and
2. work performed by an employee on the day to which the holiday was moved, shall be considered as work performed on a holiday.

22.05 When an employee works on a holiday, 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, in addition to the pay that the employee would have been granted had the employee not worked on the holiday.

22.06 When an employee works on a 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 paragraphs 22.05 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.

1. Upon application by the employee and at the discretion of the Employer, payments referred to in clauses 22.05 and 22.06 may be compensated in cash or compensatory leave with pay.
2. The Employer shall grant compensatory leave at times convenient to both the employee and the Employer.
3. Compensatory 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 fiscal year.

22.07 When an employee is required to report for work and reports on a designated holiday, the employee shall be paid the greater of:

1. compensation in accordance with the provisions of clause 22.05;
   or
2. three (3) hours' pay at the applicable overtime rate of pay.

22.08

1. When an employee is required to report for work, reports on a designated holiday and is required to use transportation services other than normal public transportation services the employee shall be reimbursed for reasonable expenses incurred as follows:
   1. mileage allowance at the rate normally paid to an employee when authorized by the Employer to use the employee's automobile when the employee travels by means of the employee's own automobile,
      or
   2. out-of-pocket expenses for other means of commercial transportation.
2. Except when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee's normal place of work, time spent by the employee reporting to work or returning to the employee's residence shall not constitute time worked.

22.09 Where a day that is a designated holiday for an employee coincides with a day of leave with pay, that day shall count as a holiday and not as a day of leave.

22.10 Where operational requirements permit, the Employer shall not schedule an employee to work both December 25 and January 1 in the same holiday season.

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:

1. 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;
2. 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;
3. 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:

1. 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;
2. on a normal working day on which the employee travels and works, the employee shall be paid:
   1. 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
   2. 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;
3. 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.

1. 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.
2. The Employer shall grant compensatory leave at times convenient to both the employee and the Employer.
3. 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:

1. on a normal working day, the employee's regular pay for the day,
   or
2. 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

1. 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.
2. 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.
3. 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:

1. Lay-off
   1. 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).
   2. 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).
2. Resignation
   1. 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.
   2. 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.
3. 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.
4. Retirement
   1. 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
   2. 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.
5. 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.
6. Termination for Cause for Reasons of Incapacity or Incompetence
   1. 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.
   2. 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

**

1. 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 are subject to the approval of the Employer and the daily hours of work shall be consecutive.

**

2. 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 fifty-two (52) weeks.
3. 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:

1. Interpretation and Definitions
   "Daily rate of pay" - shall not apply.
2. Overtime
   Overtime shall be compensated for all work performed:
   1. in excess of an employee's scheduled hours of work on a scheduled working day in accordance with the provisions of this Agreement;
   2. 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.
3. 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.
4. Designated Paid Holidays
   1. A designated paid holiday shall account for seven point five (7.5) hours.
   2. 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.
   3. 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.
5. 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 in the same position are, on average less than thirty-seven decimal 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 in the same position 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 decimal five (7.5) hours in a day or thirty-seven decimal five (37.5) hours in a week in the same position.

**

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 decimal five (37.5) hours in a week at straight time in the same position.

27.05 Leave will only be provided:

1. during those periods in which employees are scheduled to perform their duties;
   or
2. 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

1. 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.
2. 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:
   1. those normal scheduled daily hours,
      or
   2. 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:

1. 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;
2. 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;
3. 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;
4. 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;
5. 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;
6. 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;
7. 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

1. 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.
2. 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.

• Previous Page
• Table of Contents
• Next Page