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12.01 Normal Work Week
- The
normal work week shall be thirty-seven decimal five (37.5) hours from Monday to
Friday inclusive, and the normal work day shall be seven decimal five (7.5)
hours, exclusive of a lunch period, between the hours of 7:00 a.m. and 6:00 p.m.
- 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 7:00
a.m. and 6:00 p.m. and such request shall not be unreasonably denied.
12.02 Compressed Work Week
- Notwithstanding
the provisions of clause 12.01, upon request of an employee and the concurrence
of the Employer, an employee may complete his weekly hours of employment in a
period other than five (5) full days, provided that over a period of twenty-eight
(28) calendar days, he works an average of thirty-seven decimal five (37.5)
hours per week.
- In
every twenty-eight (28) day period, such an employee shall be granted days of
rest on such days as are not scheduled as a normal workday for him.
- 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.
- As
part of the provisions of this clause, attendance reporting shall be mutually
agreed between the employee and the Employer.
12.03 Special Hours of Work
- When
hours of work other than those provided in clause 12.01 are in existence
when this Agreement is signed, the Employer, on request, will advise the
Association of such hours of work.
- Where
hours of work which were in existence when this Agreement was signed are to be
changed so that they are different from those specified in clause 12.01, the
Employer, except in cases of emergency, will consult in advance with the
Association on such hours of work and, in such consultation, will establish
that they are required to meet the needs of the public and/or the efficient
operation of the Foreign Service.
- If, as a result of the application of paragraph (b), an
employee's hours of work are changed to extend before or beyond the stipulated
hours of 7:00 a.m. and 6:00 p.m., as provided in clause 12.01, and the employee
has not received at least five (5) days notice in advance of such change, he
shall be paid for the first (1st) day worked subsequent to such change at time
and one-half (1 1/2). Subsequent days worked on the revised hours shall be paid
for at straight time, subject to the overtime provisions of this Agreement. The
above notice requirement does not apply when the change in hours of work
results from a posting abroad or an assignment in Canada, pursuant to a
rotational pattern, or from temporary duty abroad or in Canada, if posted abroad.
- Employees whose work schedules vary from seven decimal five (7.5) hours per day
and/or vary from five (5) days per week shall be subject to the Variable Hours
of Work provisions established in Article 13 of this Agreement.
- Special
Hours of Work Premium
An employee working on workdays will receive a premium of two dollars
($2.00) per hour for all hours worked between 4:00 p.m. and 8:00 a.m.,
including overtime hours. This premium will not be paid for hours worked
between 8:00 a.m. and 4:00 p.m.
- Weekend
Premium
Employees shall receive an additional premium of two dollars ($2.00)
per hour for all regularly scheduled hours worked at the straight-time hourly
rate on Saturday and/or Sunday. Where Saturday and Sunday are not recognized as
the weekend at a mission abroad, the Employer may substitute two (2) other
contiguous days to conform to local practice.
13.01 Employer and the Association agree
that the following conditions shall apply to employees for whom variable hours
of work schedules are approved pursuant to clauses 12.02 and 12.03. This
Agreement is modified by these provisions to the extent specified herein.
13.02 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.
13.03 General Terms
- The scheduled hours of work of any day as set forth in a
work schedule, may exceed or be less than the normal workday hours specified by
this Agreement; starting and finishing times shall be determined according to
operational requirements as determined by the Employer and the daily hours of
work shall be consecutive.
- Such
schedules shall provide an average of thirty-seven decimal five (37.5) hours
and an average of five (5) working days per week over the life of the schedule.
- Such
schedules shall provide an average of two (2) days of rest per week over the
life of the schedule. A minimum of two (2) consecutive calendar days of rest
must be provided at any one time, except when days of rest are separated by a
designated paid holiday which is not worked.
- The
maximum life of a schedule established under clause 12.03 shall be six (6)
months, except at missions abroad when the normal weekly and daily hours of
work are varied by the Employer to allow for summer and winter hours, in which
case the life of a schedule shall be one (1) year.
13.04 Specific Application of this Agreement
For greater certainty, the following provisions of this
Agreement shall be administered as provided herein:
Interpretation and Definitions
"Daily rate of
pay" - shall not apply.
Travel
Overtime compensation referred to in clause 18.04 of this
Agreement shall only be applicable on a normal day for hours in excess of the
employee's daily scheduled hours of work.
Designated Paid Holidays
- A
designated paid holiday shall account for the normal daily hours specified by
this Agreement.
- When
an employee works on a Designated Paid Holiday, the employee shall be
compensated, in addition to the normal daily hours' pay specified by this
Agreement, time and one-half (1 1/2) for each completed period of fifteen (15)
minutes worked by her.
Acting Pay
The qualifying period for acting pay as specified in clause 46.04
shall be converted to hours.
14.01 Exclusion
The provisions of this Article do not apply where an
employee attends social engagements unless the employee has received prior
authorization and is required to attend by the Employer.
14.02 General
- Subject
to clause 14.01, an employee is entitled to overtime compensation for each
completed period of fifteen (15) minutes of overtime worked by him:
- when the overtime
work is authorized in advance by the Employer or is in accordance with standard
operating instructions,
and
- when the employee
does not control the duration of the overtime work.
- Employees
shall record starting time and finishing times of overtime work in a form
determined by the Employer.
14.03 Overtime Compensation on a Scheduled Work Day
Subject to clause 14.02, an employee who is required by the
Employer to work overtime on a scheduled work day shall be granted compensation
at time and one-half (1 1/2) for each completed period of fifteen (15) minutes
of overtime worked up to seven decimal five (7.5) consecutive hours of overtime
and double (2) time for each completed period of fifteen (15) minutes
thereafter.
14.04 Overtime Compensation on a Day of Rest
- Subject
to clause 14.02, an employee who is required by the Employer to report for duty
and works on his days of rest shall be compensated for each completed period of
fifteen (15) minutes of overtime worked by him on his days of rest;
- on
the employee's first day of rest, at the rate of time and one-half (1 1/2) for
the first seven decimal five (7.5) hours of overtime worked and at the double (2)
time rate for each contiguous hour thereafter;
- on
the employee's second or subsequent day of rest:
- at the basis of double (2) time for each hour of overtime
worked. Second or subsequent day of rest means the second or subsequent day in
an unbroken series of consecutive and contiguous calendar days of rest;
- notwithstanding paragraph (b) and sub-paragraph
(c)(i) above, if, in an unbroken series of
consecutive and contiguous calendar days of rest, the Employer permits the
employee to work the required overtime on a day of rest requested by the
employee, then the compensation shall be at time and one-half (1 1/2) for the
first (1st) day worked.
14.05 Reporting Pay
Subject to clause 14.02, an employee who is required by the
Employer to report for duty and reports on a day of rest shall be paid the
greater of:
- compensation
for each completed period of fifteen (15) minutes worked at the applicable
overtime rate of pay;
or
- compensation for a minimum period of three (3) hours at the
applicable overtime rate of pay, except that this minimum shall apply only the
first time that he reports for work during a period of eight (8) hours starting
with his first reporting.
14.06 The
Employer shall endeavour to pay cash overtime compensation by the eighth (8th)
week after which it is claimed.
14.07 Compensatory Leave
- Compensation
earned under this Article and the Designated Holiday article shall be
compensated in cash or, upon mutual agreement between the employee and the
Employer, in equivalent leave with pay.
- The
Employer reserves the right to direct an employee to take leave accumulated
under this Article but in so doing shall endeavour to grant such leave at times
he may request.
- Compensatory
leave earned in a fiscal year and outstanding on September 30 of the next
following fiscal year shall be paid at the employee's daily rate of pay on
September 30.
14.08 Transportation Expenses
- When
an employee is required to report for work and reports under the conditions
described in clause 14.05, and is required to use transportation services other
than normal public transportation services, he shall be reimbursed for
reasonable expenses incurred as follows:
- mileage allowance
at the rate normally paid to an employee when authorized by the Employer to use
his automobile when the employee travels by means of his own automobile,
or
- out-of-pocket
expenses for other means of commercial transportation.
- 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.
14.09 Overtime Meal Allowance
- An
employee who works three (3) or more hours of overtime immediately before or
immediately following his scheduled hours of work shall be reimbursed for one
meal in the amount of ten dollars ($10), except where free meals are provided.
Reasonable time with pay to be determined by the Employer shall be allowed the
employee in order to take a meal either at or adjacent to his place of work.
- When
an employee works overtime continuously extending four (4) hours or more beyond
the period provided in (a) above, he shall be reimbursed for one additional
meal in the amount of ten dollars ($10), except where free meals are provided.
Reasonable time with pay, to be determined by the Employer, shall be allowed
the employee in order that he may take a meal break either at or adjacent to
his place of work.
- Paragraphs
14.09(a) and (b) shall not apply to an employee who is in travel status, which
entitles the employee to claim expenses for lodging and/or meals.
15.01 Exclusion
An employee who receives a call to duty or responds to a
telephone or data line call at any 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,
the employee shall be paid the greater of:
- compensation
at the applicable overtime rate for any time worked,
or
- compensation
equivalent to one (1) hour's pay at the straight-time rate, which shall apply
only the first (1st) time an employee performs work during an eight (8) hour
period, starting when the employee first (1st) commences the work.
15.02
- If an employee is called back to work:
- on a designated
paid holiday which is not her scheduled day of work,
or
- on her day of rest,
or
- after she has completed her work for the
day and has left her place of work,
and
returns to work, she shall be paid the greater of:
- compensation equivalent to three (3) hours
pay at the applicable overtime rate of pay except that this compensation shall
apply only the first (1st) time that she reports for work during a period of
eight hours, starting with her first (1st) reporting; this compensation shall
include any reporting pay pursuant to the Reporting Pay provisions of this
Agreement,
or
- compensation at the applicable rate of
overtime compensation for each completed period of fifteen (15) minutes worked,
provided that the period worked by her is not contiguous to
her normal hours of work.
- 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 19.07.
15.03 Except when required by the Employer
to use a vehicle of the Employer for transportation to work location other than
an employee's normal place of work, time spent by the employee reporting to
work or returning to her residence shall not constitute time worked.
16.01 Exclusion
An employee who is on standby and
receives a call to duty or is required to respond to telephone calls or data
line calls, may at the discretion of the Employer work at the employee's
residence or at another place to which the Employer agrees, and receive
compensation for time worked in accordance with paragraph 16.05(b). In such
instances, the employee shall not be entitled to compensation under
subparagraph 16.05(a)(ii).
16.02 When the Employer requires an
employee to be available on standby during off-duty hours an employee shall be
compensated at the rate of one-half (1/2) hour for each four (4) hour period or
portion thereof for which he has been designated as being on standby duty.
16.03 An employee designated for standby
duty shall be available during his period of standby at a known telecommunications
link number and be able, as specified by the Employer:
- to return for duty to a workplace designated by the
Employer within a period of time specified by the Employer, if called;
or
- to
respond to telephone calls or data line calls received from Employer
authorized sources.
16.04 No standby payment shall be granted
if an employee is unable to report for duty in accordance with paragraph 16.03(a)
when required, or is not available to respond in accordance with paragraph 16.03(b).
16.05
- An employee on standby who is required to return for duty
to a workplace designated by the Employer and so returns and reports for work,
shall be paid, in addition to the standby pay, the greater of:
- the
applicable overtime rate for each completed period of fifteen (15) minutes
worked,
or
- the minimum of three (3) hours'
pay at the applicable overtime rate, except that this minimum shall apply only
the first (1st) time he reports for work during a period of standby of eight (8)
hours, starting with his first (1st) reporting. This compensation does not
apply to part-time employees, who receive a minimum payment in accordance with
clause 19.08.
- 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,
the employee shall be paid the greater of:
- compensation at
the applicable overtime rate for any time worked,
or
- compensation equivalent to one (1) hour's
pay at the straight-time rate, which shall apply only the first (1st) time an
employee performs work during an eight (8) hour period, starting when the
employee first (1st) commences the work.
16.06 Except when required by the Employer
to use a vehicle of the Employer for transportation to a work location other
than an employee's normal place of work, time spent by the employee reporting
to work or returning to his residence shall not constitute time worked.
17.01 Exclusion
Clauses 17.05 and 17.06 do not apply where an employee
attends social engagements unless the employee has received prior authorization
and is required to attend by the Employer.
17.02 Subject to clause 17.03, the
following days shall be designated paid holidays for employees:
- New
Year's Day,
- Good
Friday,
- Easter
Monday,
- the
day fixed by proclamation of the Governor in Council for celebration of the
Sovereign's Birthday,
- Canada
Day,
- Labour
Day,
- the
day fixed by proclamation of the Governor in Council as a general day of
Thanksgiving,
- Remembrance
Day,
- Christmas Day,
- Boxing
Day,
- one
(1) additional day when proclaimed by an Act of Parliament as a National
Holiday,
and
- one (1) 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 day is recognized as a provincial or civic
holiday, the first Monday in August.
17.03 Clause 17.02 does not apply to an employee who is absent without pay on both
her normal working day immediately preceding and her normal working day
immediately following the designated paid holiday.
**
17.04 Designated Paid Holiday Falling on a Day of Rest
- When a day designated as a paid holiday under
clause 17.02 coincides with an employee's day of
rest, the holiday shall be moved to the employee's first normal working day
following the employee's day of rest.
- When two (2) days designated as holidays under
clause 17.02 coincide with an employee's consecutive days of rest, the holidays
shall be moved
to the employee's first two (2) normal working days following the days of rest.
17.05 When a day designated as a paid
holiday for an employee is moved to another day under the provisions of clause 17.04:
- work
performed by heron the day from
which the holiday was moved shall be considered as work performed on a day of
rest,
and
- work performed by heron the day to which the holiday was moved, shall be considered as work
performed on a holiday.
17.06 Compensation for
work on a Designated Paid Holiday
- An employee who is required by the
Employer to report for duty and works on a designated paid holiday shall
receive, in addition to the pay that she would have received had she not worked
on the holiday, compensation for each completed period of fifteen (15) minutes
worked by her on the holiday at time and one-half (1 1/2)for up to
seven decimal five (7.5) hours and double (2) for each completed period of
fifteen (15) minutes thereafter.
- When
an employee works on a designated paid holiday which is not her scheduled day of
work, immediately following a day of rest on which she also worked and received
overtime in accordance with paragraph 14.04(b), she shall receive in addition
to the pay that she would have been granted had she not worked on the holiday,
compensation for each completed period of fifteen (15) minutes worked at double
time (2).
The compensation that the
employee would have been granted had the employee not worked on a designated
paid holiday is seven decimal five (7.5) hours remunerated at straight-time.
17.07 Reporting Pay
When an employee is required to report for work and reports
on a designated paid holiday, she shall be paid the greater of:
- compensation
in accordance with the provisions of clause 17.06,
or
- compensation for a minimum period of three (3) hours at the
applicable overtime rate of pay, except that this minimum shall apply only the
first (1st) time that she reports for work during a period of eight (8) hours
starting with her first (1st) reporting.
17.08 Work performed on a designated paid
holiday may be compensated in the equivalent leave with pay in accordance with
clause 14.07.
17.09 Designated Paid Holiday Coinciding with a Day of Paid Leave
Where a day that is a designated paid holiday for an
employee coincides with a day of leave with pay or is moved as a result of the
application of 17.04, the holiday shall not count as a day of leave.
**
18.01 Subject to clause 35.05, travel
compensation will be paid for travel in connection with postings, courses,
training sessions, professional conferences and seminars if the employee is
required to attend by the Employer.
18.02 Where an employee is required by the
Employer to travel outside of his headquarters area and on government business,
as these expressions are normally defined by the Employer,
and such travel is approved and the means of travel determined by the Employer,
he is entitled to be paid only in accordance with clause 18.04. Travelling time
shall include time necessarily spent at each stop-over enroute
provided such stop-over is not longer than three (3) hours.
18.03 For
purposes of clause 18.04, the travel time to be paid is as follows:
- for travel by public transportation, the time between the
scheduled time of departure and the time of arrival at destination, except that
for travel by aircraft the normal travel time by taxi to and from the airports
will also be considered as travel time;
- for
travel by privately-owned automobile, the normal time as determined by the
Employer to drive from the employee's place of residence or workplace directly
to his destination and, upon his return, direct back to his residence or work
place;
- in
the event that an alternate time of departure, itinerary 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.
18.04 Subject to clause 18.01, if an
employee is required to travel as set forth in clauses 18.02 and 18.03:
- on a
normal working day on which the employee travels but does not work, he shall
receive his regular pay for the day,
- on a
normal working day on which the employee travels and works, he shall be paid:
- his regular pay
for the day for a combined period of travel and work not exceeding his regular
scheduled working hours,
and
- at the applicable overtime rate for each
completed period of fifteen (15) minutes travelled in excess of his regularly
scheduled hours of work and travel, to a maximum payment of twelve (12) hours
pay at the straight-time hourly rate of pay,
- on a day of rest or on a designated paid holiday, the
employee shall be paid at the applicable overtime rate for each completed period
of fifteen (15) minutes travelled to a maximum of twelve (12) hours' pay at the
straight-time hourly rate of pay.
18.05 Subject to clause 18.01, if an
employee is required to travel outside Canada or Continental USA as set forth
in clauses 18.02 and 18.03:
- on a
normal working day on which the employee travels but does not work, he shall
receive his regular pay for the day,
- on a
normal working day on which the employee travels and works, he shall be paid:
- his regular pay
for the day for a combined period of travel and work not exceeding his regular
scheduled working hours,
and
- at the applicable overtime rate for each
completed period of fifteen (15) minutes travelled in excess of his regularly
scheduled hours of work and travel, to a maximum payment of fifteen (15) hours
pay at the straight-time hourly rate of pay,
- on a day of rest or on a designated paid holiday, the
employee shall be paid at the applicable overtime rate for each completed
period of fifteen (15) minutes travelled to a maximum of fifteen (15) hours'
pay at the straight-time hourly rate of pay.
18.06 Compensatory Leave
Upon request of an employee and with the approval of the
Employer, compensation at the overtime rate earned under this Article may be
granted in compensatory leave with pay and subject to clause 14.07 Compensatory
leave.
18.07 Travel Status Leave
- 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 permanent residence for forty (40) nights during a fiscal year
shall be granted seven decimal five (7.5) hours off with pay. The employee
shall be credited with an additional seven decimal five (7.5) hours 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.
- The
maximum number of hours off earned under this clause shall not exceed thirty-seven
decimal five (37.5) hours in a fiscal year and shall accumulate as compensatory
leave with pay.
- This
leave with pay is deemed to be compensatory leave and is subject to paragraphs 14.07(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.
19.01 Part-time employees shall be entitled
to the benefits provided under this Agreement in the same proportion as their
normal scheduled weekly hours of work compare with the normal weekly hours of
work of full-time employees unless otherwise specified in this Agreement.
19.02 Part-time
employees shall be paid at the hourly rate of pay for all work performed up to
thirty-seven decimal five (37.5) hours per week.
19.03 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.
19.04 Leave will only be provided during
those periods in which employees are scheduled to perform their duties.
19.05 Designated Holidays
A part-time employee shall not be paid for the designated
holidays but shall instead be paid a premium of four decimal two five per cent (4.25%)
for all straight-time hours worked during the period of part-time employment.
19.06 Notwithstanding clause 19.02, 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 Article 17 she shall be
paid at time and one-half (1 1/2) for each completed period of fifteen (15)
minutes worked.
19.07 Call-Back
When a part-time employee meets the requirements to receive
call-back pay in accordance with clause 15.02 and is entitled to receive the
minimum payment rather than pay for actual time worked, she shall be paid a
minimum payment of four (4) hours pay at the straight-time hourly rate of pay.
19.08 Reporting Pay
Subject
to clause 19.03, when a part-time employee meets the requirements to receive a
minimum payment rather than actual time worked as reporting pay on a day of
rest, in accordance with paragraph 14.05(b), or is entitled to receive a
minimum payment rather than pay for actual time worked during a period of
standby, in accordance with subparagraph 16.05(a)(ii),
she shall be paid a minimum payment of four (4) hours pay at the straight-time
hourly rate of pay.
19.09 Vacation Leave
A part-time employee shall earn vacation leave credits for
each month in which she receives pay for at least twice (2) the number of hours
in her normal work week, at the rate for years of service established in clause
22.02, prorated and calculated as follows:
- when the entitlement nine decimal three seven five (9.375)
hours a month, 0.250 multiplied by the number of hours in the employee's work
week per month;
- when the entitlement is twelve decimal five (12.5)
hours a month, 0.333 multiplied by the number of hours in the employee's work
week per month;
- when the entitlement is thirteen decimal seven five (13.75)
hours a month, 0.367 multiplied by the number of hours in the employee's work
week per month;
- when the entitlement is fourteen decimal three seven
five (14.375) hours a month, 0.383 multiplied by the number of hours in the
employee's work week per month;
- when the entitlement is fifteen decimal six two five (15.625)
hours a month, 0.417 multiplied by the number of hours in the employee's work
week per month;
- when the entitlement is sixteen decimal eight seven
five (16.875) hours a month, 0.450 multiplied by the number of hours in the
employee's work week per month;
- when the entitlement is
eighteen decimal seven five (18.75) hours a month, 0.500 multiplied by the
number of hours in the employee's work week per month.
19.10 Sick Leave
A part-time employee shall earn sick leave credits at the
rate of one-quarter (1/4) of the number of hours in her normal work week for
each calendar month in which she has received pay for at least twice (2) the
number of hours in her normal work week.
19.11 Vacation and Sick Leave Administration
- For
the purpose of administration of clauses 19.09 and 19.10, where an employee
does not work the same number of hours each week, the normal work week shall be
the weekly average calculated on a monthly basis.
- 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.
19.12 Severance Pay
Notwithstanding the provisions of Article 20 (Severance
Pay), where the period of continuous employment in respect of which severance
benefit is to be paid consists of both full-time 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 completed years shall be
multiplied by the full-time weekly rate of pay for the classification
prescribed in the employee's certificate of appointment of her substantive
position on the date of the termination of her employment to produce the
severance pay benefit.
19.13 Pay
A part-time employee shall be
eligible to receive an in-range pay increase when she has worked a total of
nineteen hundred and fifty (1950) hours at the hourly rate of pay during a
period of employment provided that the maximum rate for her level is not
exceeded. The in-range pay increase date shall be the first (1st) working day
following completion of the hours specified in this clause.
20.01 When calculating entitlements under
this Article, the weekly rate of pay referred to in this Article shall be the
weekly rate of pay to which the employee is entitled for his classification.
20.02 Under the following circumstances and
subject to clause 20.03 an employee shall receive severance entitlements
calculated on the basis of his weekly rate of pay:
- On first lay-off, two (2) weeks' pay for the first 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).
- 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 (a) above.
- On
resignation, subject to paragraph 20.02(d) and with ten (10) or more years of
continuous employment, one-half (1/2) week's pay for each complete year of
continuous employment with a maximum entitlement of thirteen (13) weeks.
- 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, 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), with a maximum benefit of thirty (30) weeks.
- If
an employee dies, there shall be paid to his estate, one (1) week's pay for
each 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, regardless of any other entitlements payable.
- 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 or when an employee has completed more than ten (10) years
of continuous employment and ceases to be employed by reason of termination for
cause for reasons of incompetence, pursuant to section 12(l)(d) or (e) of the
Financial
Administration Act, one (1) week of pay for each complete year of
continuous employment with a maximum benefit of twenty-eight (28) weeks.
- On
rejection on probation, when an employee has completed more than one (1) year
of continuous employment and ceases to be employed, one (1) week's pay for each
complete year of continuous employment with a maximum benefit of twenty-seven (27)
week's pay 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).
20.03
The period of continuous employment used in the calculation of severance
entitlements payable to an employee under this Article shall be reduced by any
period of continuous employment in respect of which he was already granted any
type of termination benefit by the public service, a Federal Crown Corporation,
the Canadian Forces or the Royal Canadian Mounted Police. Under no
circumstances shall the maximum severance pay provided under clause 20.02 be
pyramided.