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Part IV - Leave

Article 21
Leave General

21.01

1. When an employee becomes subject to this Agreement, her earned daily leave credits shall be converted into hours. When she ceases to be subject to this Agreement, her earned hourly leave credits shall be reconverted into days, with one day being equal to seven decimal five (7.5) hours.
2. When leave is granted, it will be granted on an hourly basis and the number of hours debited for each day of leave being equal to the number of hours of work scheduled for the employee for the day in question.
3. Notwithstanding the above, in clause 31.02, Bereavement Leave with Pay, a "day" will mean a calendar day.

**

21.02 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.

21.03 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.

21.04 In the event of termination of employment for reasons other than incapacity, death or lay-off, the Employer shall recover from any monies owed 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.

21.05 Leave credits will be earned on a basis of a day being equal to seven decimal five (7.5) hours.

21.06 When leave is granted, it will be granted on an hourly basis and the hours debited for each day of leave shall be the same as the hours the employee would normally have been scheduled to work on that day, except for Bereavement Leave With Pay where a day is a calendar day.

21.07

1. When an employee becomes subject to this Agreement, the employee's earned daily leave credits shall be converted into hours on the basis of one day being equal to seven decimal five (7.5) hours.
2. When an employee ceases to be subject to this Agreement, the employee's earned hourly leave credits shall be converted into days on the basis of seven decimal five (7.5) hours being equal to one day.

Article 22
Vacation Leave

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

22.02 Accumulation of Vacation Leave

An employee who has earned at least seventy-five (75) hours' regular pay during any calendar month of a vacation year shall earn vacation leave credits at the following rates in respect of that month:

1. nine decimal three seven five (9.375) hours per month until the month in which the anniversary of his eighth (8th) year of service occurs;
2. twelve decimal five (12.5) hours per month commencing with the month in which his eighth (8th) anniversary of service occurs;
3. thirteen decimal seven five (13.75) hours commencing with the month in which his sixteenth (16th) anniversary of service occurs;
4. fourteen decimal three seven five (14.375) hours per month commencing with the month in which his seventeenth (17th) anniversary of service occurs;
5. fifteen decimal six two five (15.625) hours per month commencing with the month in which his eighteenth (18th ) anniversary of service occurs;
6. sixteen decimal eight seven five (16.875) hours commencing with the month in which his twenty-seventh (27th) anniversary of service occurs;
7. eighteen decimal seven five (18.75) hours per month commencing with the month in which his twenty-eighth (28th) anniversary of service occurs.

**

22.03 For the purpose of clauses 22.02 and 22.16 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 year following the date of lay-off.

**

22.04 Entitlement to Leave

An employee is entitled to vacation leave to the extent of his earned credits but an employee who has completed six (6) months of continuous employment is entitled to receive an advance of credits equivalent to the anticipated credits for the vacation year.

22.05 Scheduling of Vacation Leave

Vacation leave as far as possible will be scheduled at times acceptable to the employee. However, vacation periods shall be designated by the Employer in accordance with operational requirements.

22.06 Where, in respect of any period of vacation leave, an employee:

1. is granted other leave with pay,
   or
2. is granted sick leave on the presentation of a medical certificate,

the period of vacation leave 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.

22.07 Carry-Over of Vacation Leave

1. Employees must normally take all their vacation leave during the vacation year in which it is earned.
2. Where in any vacation year, an employee has not been granted all of the vacation leave credited to him, the unused portion of his vacation leave up to a maximum of three hundred (300) hours credits shall be carried over into the following vacation year. All vacation leave credits in excess of three hundred (300) hours shall be automatically paid in cash at his daily rate of pay as calculated from the classification prescribed in his certificate of appointment of his substantive position on the last day of the vacation year.
3. During any vacation year, 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 his certificate of appointment of his substantive position on March 31st of the previous vacation year.
4. Notwithstanding paragraph (b), if on the date an employee becomes subject to this Agreement, he has more than three hundred (300) hours of unused vacation leave credits earned during previous years, a minimum of seventy-five (75) hours per year shall be granted, or paid in cash by August 31st of each year, until all vacation leave credits in excess of three hundred (300) hours have been liquidated. Payment shall be in one instalment per year, and shall be at his daily rate of pay as calculated from the classification prescribed in his certificate of appointment of his substantive position on March 31st, of the applicable previous vacation year.

22.08 Recall from Vacation Leave

Where, during any period of vacation leave, an employee is recalled to duty, he shall be reimbursed for reasonable expenses that he incurs:

1. in proceeding to his place of duty,
   and
2. in returning to the place from which he was recalled if he immediately resumes vacation upon completing the assignment for which he was recalled,

after submitting such accounts as are normally required by the Employer.

22.09 The employee shall not be considered as being on vacation leave during any period in respect of which he is entitled under clause 22.08 to be reimbursed for reasonable expenses incurred by him.

**

22.10 Vacation Leave When Employment Terminates

Where an employee dies or otherwise ceases to be employed, he or his estate shall be paid an amount equal to the product obtained by multiplying the number of hours of earned but unused vacation leave to his credit by the hourly rate of pay applicable to him immediately prior to the termination of his employment.

22.11 Notwithstanding clause 22.10, an employee whose employment is terminated for cause pursuant to section 12(1)(d) or (e) of the Financial Administration Act by reason of abandonment of his position is entitled to receive the payment referred to in clause 22.10, if he requests it within a year less one (1) day following the date upon which his employment is terminated.

**

22.12 Cancellation or Alteration of Vacation Leave

When the Employer cancels or alters a period of vacation leave 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 him 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.

22.13 Where the employee requests, the Employer shall grant the employee his or her unused vacation leave credits prior to termination of employment if this will enable the employee, for purposes of severance pay, to complete the first (1st) year of continuous employment in the case of lay-off, and the tenth (10th) year of continuous employment in the case of resignation.

22.14 Advance Payments

1. 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.
2. 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 the commencement of leave. 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.

**

22.15

1. Notwithstanding clause 22.10, an employee who resigns to accept an appointment with an organization as defined in Schedule V of the Financial Administration Act may choose not to be paid for unused vacation leave credits, provided that the appointing organization will accept such credits.
2. The Employer agrees to accept the unused vacation leave credits up to a maximum of two hundred and sixty-two decimal five (262.5) hours 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.

**

22.16

1. Employees shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay on the first (1st) day of the month following the employee's second (2nd) anniversary of service, as defined in clause 22.03.
2. Transitional Provisions
   Effective on the date of signing, employees with more than two (2) years of service, as defined in clause 22.03, shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay.
3. The vacation leave credits provided in paragraphs 22.16(a) and (b) above shall be excluded from the application of clause 22.07 dealing with the Carry-over and/or Liquidation of Vacation Leave.

Article 23
Sick Leave With Pay

23.01 Credits

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

23.02 Granting of Sick Leave

An employee is eligible for sick leave with pay when she is unable to perform her duties because of illness or injury provided that:

1. she satisfies the Employer of this condition in such manner and at such time as may be determined by the Employer,
2. she has the necessary sick leave credits,
   and

**

3. unless otherwise informed by the Employer, a statement signed by the employee stating that because of illness or injury he or she was unable to perform his or her duties, shall, when delivered to the Employer, be considered as meeting the requirements of paragraph 23.02(a).

23.03 An employee shall not be granted sick leave with pay during any period in which she is on leave without pay, or under suspension.

23.04 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 she was not granted sick leave with pay.

23.05 Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provision of clause 23.02 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 decimal 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.

23.06 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 was reappointed in the public service.

23.07 The Employer agrees that an employee shall not be terminated for cause for reasons of incapacity pursuant to section 12(l)(e) of the Financial Administration Act at a date earlier than the date at which the employee will have utilized his 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 Article 24.

23.08 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 her and approved by the Employer or reinstated for use at a later date.

Article 24
Injury-On-Duty Leave With Pay

24.01 An employee shall be granted injury-on-duty leave with pay for such period as may be reasonably determined by the Employer when a claim has been made pursuant to the Government Employees Compensation Act and a Worker's Compensation authority has notified the Employer that it has certified that employee is unable to work because of:

1. personal injury accidentally received in the performance of his or her duties and not caused by the employee's wilful misconduct,
   or
2. an industrial illness or a disease arising out of and in the course of the employee's employment,

if the employee agrees to remit to the Receiver General of Canada any amount received by him or her in compensation for loss of pay resulting from or in respect of such injury, illness or disease providing, however, that such amount does not stem from a personal disability policy for which the employee or the employee's agent has paid the premium.

Article 25
Maternity Leave Without Pay

25.01 Maternity Leave without Pay

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1. An employee who becomes pregnant shall, upon request, be granted maternity leave without pay for a period beginning before, on or after the termination date of pregnancy and ending not later than eighteen (18) weeks after the termination date of pregnancy.

**

2. Notwithstanding paragraph (a):
   1. where the employee has not yet proceeded on maternity leave without pay and her newborn child is hospitalized,
      or
   2. where the employee has proceeded on maternity leave without pay and then returns to work for all or part of the period during which her newborn child is hospitalized,
   the period of maternity leave without pay defined in paragraph (a) may be extended beyond the date falling eighteen (18) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child's hospitalization during which the employee was not on maternity leave, to a maximum of eighteen (18) weeks.
3. The extension described in paragraph (b) shall end not later than fifty-two (52) weeks after the termination date of pregnancy.
4. The Employer may require an employee to submit a medical certificate certifying pregnancy.
5. An employee who has not commenced maternity leave without pay may elect to:
   1. use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates;
   2. use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in Article 23, Sick Leave With Pay. For purposes of this subparagraph, the terms "illness" or "injury" used in Article 23, Sick Leave With Pay, shall include medical disability related to pregnancy.
6. An employee shall inform the Employer in writing of her plans for taking leave with and without pay to cover her absence from work due to the pregnancy at least four (4) weeks in advance of the initial date of continuous leave of absence during which termination of pregnancy is expected to occur unless there is a valid reason why the notice cannot be given.
7. Leave granted under this clause shall be counted for the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave shall be counted for pay increment purposes.

25.02 Maternity Allowance

1. An employee who has been granted maternity leave without pay shall be paid a maternity allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraph (c) to (j), provided that she:
   1. has completed six (6) months of continuous employment before the commencement of her maternity leave without pay,
   2. provides the Employer with proof that she has applied for and is in receipt of maternity benefits under the Employment Insurance or the Québec Parental Insurance Plan in respect of insurable employment with the Employer,
      and
   3. has signed an agreement with the Employer stating that:
      1. she will return to work on the expiry date of her maternity leave without pay unless the return to work date is modified by the approval of another form of leave;
      2. following her return to work, as described in section (A), she will work for a period equal to the period she was in receipt of the maternity allowance;
      3. should she fail to return to work in accordance with section (A), or should she return to work but fail to work for the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, she will be indebted to the Employer for an amount determined as follows:
         
         however, an employee whose specified period of employment expired and who is rehired in any portion of the Core Public Administration as specified in the Public Service Labour Relations Act or Parks Canada, the Canada Revenue Agency or the Canadian Food Inspection Agency within a period of ninety (90) days or less is not indebted for the amount if her new period of employment is sufficient to meet the obligations specified in section (B).
2. For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
3. Maternity allowance payments made in accordance with the SUB Plan will consist of the following:
   1. 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 for each week of the waiting period, less any other monies earned during this period,
      and
   2. 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 the gross weekly amount of the maternity benefit she is eligible to receive and ninety-three per cent (93%) of her weekly rate of pay less any other monies earned during this period which may result in a decrease in maternity benefits to which she would have been eligible if no extra monies had been earned during this period.

**

4. At the employee's request, the payment referred to in subparagraph 25.02(c)(i), and up to four (4) weeks in subparagraph 25.02(c)(ii), will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance or Québec Parental Insurance maternity benefits.
5. The maternity allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that she may be required to repay pursuant to the Employment Insurance Actor the Parental Insurance Plan in Québec.
6. The weekly rate of pay referred to in paragraph (c) shall be:
   1. for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity leave without pay,
   2. for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity leave, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
7. The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for her substantive level to which she is appointed.
8. 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 she was being paid on that day.

**

9. Where an employee becomes eligible for a pay increment or pay revision that would increase the maternity allowance, the allowance shall be adjusted accordingly. No adjustment to the maternity allowance will be made if it will result in a decrease in the maternity allowance.
10. Maternity allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.

**

25.03 Special Maternity Allowance for Totally Disabled Employees

1. An employee who:
   1. fails to satisfy the eligibility requirement specified in subparagraph 25.02(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 maternity benefits,
      and
   2. has satisfied all of the other eligibility criteria specified in paragraph 25.02(a), other than those specified in sections (A) and (B) of subparagraph 25.02(a)(iii), shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93%) of her weekly rate of pay and the gross amount of her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.
2. An employee shall be paid an allowance under this clause and under clause 25.02 for a combined period of no more than the number of weeks during which she would have been eligible for maternity benefits under the Employment Insurance or the Québec Parental Insurance Plan had she not been disqualified from Employment Insurance or Québec Parental Insurance maternity benefits for the reasons described in subparagraph (a)(i).

25.04 Transitional Provisions

If, on the date of signature of the Memorandum of Agreement modifying the provisions of this Article, an employee is currently on maternity leave without pay or has requested a period of maternity leave but has not commenced the leave, she shall upon request be entitled to the provisions of this Article. Any application must be received before the termination date of the leave period originally requested.

Article 26
Parental Leave Without Pay

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26.01 Parental Leave Without Pay

1. Where an employee has or will have the actual care and custody of a new-born child (including the new-born child of a common-law partner), the employee shall, upon request, be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period beginning on the day on which the child is born or the day on which the child comes into the employee's care.
2. Where an employee commences legal proceedings under the laws of a province to adopt a child or obtains an order under the laws of a province for the adoption of a child, the employee shall, upon request, be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks in the fifty-two week (52) period beginning on the day on which the child comes into the employee's care.
3.  Notwithstanding paragraphs (a) and (b) above, at the request of an employee and at the discretion of the Employer, the leave referred to in the paragraphs (a) and (b) above may be taken in two (2) periods.
4. Notwithstanding paragraphs (a) and (b):
   1. where the employee's child is hospitalized within the period defined in the above paragraphs, and the employee has not yet proceeded on parental leave without pay,
      or
   2. where the employee has proceeded on parental leave without pay and then returns to work for all or part of the period during which his or her child is hospitalized,
   the period of parental leave without pay specified in the original leave request may be extended by a period equal to that portion of the period of the child's hospitalization during which the employee was not on parental leave. However, the extension shall end not later than one hundred and four (104) weeks after the day on which the child comes into the employee's care.
5. An employee who intends to request parental leave without pay shall notify the Employer at least four (4) weeks in advance of the commencement of such leave.
6. The Employer may:
   1. defer the commencement of parental leave without pay at the request of the employee;
   2. grant the employee parental leave without pay with less than four (4) weeks' notice;
   3. require an employee to submit a birth certificate or proof of adoption of the child.
7. Leave granted under this clause shall count for the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave shall count for pay increment purposes.

**

26.02 Parental Allowance

1. An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (j), providing he or she:
   1. has completed six (6) months of continuous employment before the commencement of parental leave without pay,
   2. provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec Parental Insurance Plan in respect of insurable employment with the Employer,
      and
   3. has signed an agreement with the Employer stating that:
      1. the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
      2. following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 25.02(a)(iii)(B), if applicable;
      3. should he or she fail to return to work in accordance with section (A) or should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: however, an employee whose specified period of employment expired and who is rehired in any portion of the Public Service of Canada as specified in Schedule I and IV of the Financial Administration Act or Parks Canada, the Canada Revenue Agency or the Canadian Food Inspection Agency within a period of ninety (90) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
2. For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
3. Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
   1. 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 his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
   2. for each week in respect of which the employee receives parental, adoption or paternity benefits under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between the gross weekly amount of the parental, adoption or paternity benefit he or she is eligible to receive and ninety-three per cent (93%) of his or her weekly rate of pay less any other monies earned during this period which may result in a decrease in his/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;
   3. 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, at ninety-three per cent (93%) of her weekly rate of pay for each week, less any other monies earned during this period.
4. At the employee's request, the payment referred to in subparagraph 26.02(c)(i), and up to four (4) weeks in subparagraph 25.02(c)(ii), will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI parental benefits.
5. The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Plan in Quebec.
6. The weekly rate of pay referred to in paragraph (c) shall be:
   1. for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
   2. for an employee who has been employed on a part-time or on a combined full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full time during such period.
7. The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
8. 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 the employee was being paid on that day.

**

9. Where an employee becomes eligible for a pay increment or pay revision that would increase the maternity allowance, the allowance shall be adjusted accordingly. No adjustment to the maternity allowance will be made if it will result in a decrease in the maternity allowance.
10. Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.

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11. The maximum combined maternity and parental allowances payable under this Collective Agreement shall not exceed fifty-two (52) weeks for each combined maternity and parental leave without pay.

**

26.03 Special Parental Allowance for Totally Disabled Employees

1. An employee who:
   1. fails to satisfy the eligibility requirement specified in subparagraph 26.02(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
   2. has satisfied all of the other eligibility criteria specified in paragraph 26.02(a), other than those specified in sections (A) and (B) of subparagraph 26.02(a)(iii),
   shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93%) of the employee's rate of pay 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.
2. An employee shall be paid an allowance under this clause and under clause 26.02 for a combined period of no more than the number of weeks during which the employee would have been eligible for parental, paternity or adoption benefits under the Employment Insurance or the Québec Parental Insurance Plan, had the employee not been disqualified from Employment Insurance or Québec Parental Insurance Plan benefits for the reasons described in subparagraph (a)(i).

26.04 Transitional Provisions

If, on the date of signature of the Memorandum of Agreement modifying the provisions of this Article, an employee is currently on parental leave without pay or has requested a period of such leave without pay but has not commenced the leave, he or she shall upon request be entitled to the provisions of this Article. Any application must be received before the termination date of the leave period originally requested.

Article 27
Leave Without Pay for the Care of Immediate Family

27.01 Both parties recognize the importance of access to leave for the purpose of care for the immediate family.

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27.02 For the purpose of this article, family is defined as spouse (or common-law partner), children (including foster children or children of legal or common-law partner) parents (including stepparents or foster parents) or any relative permanently residing in the employee's household or with whom the employee permanently resides.

27.03 Subject to clause 27.02, an employee shall be granted leave without pay for the Care of Family in accordance with the following conditions:

1. an employee shall notify the Employer in writing as far in advance as possible but not less than four (4) weeks in advance of the commencement date of such leave, unless, because of urgent or unforeseeable circumstances, such notice cannot be given;
2. leave granted under this Article shall be for a minimum period of three (3) weeks;
3. the total leave granted under this article shall not exceed five (5) years during an employee's total period of employment in the public service;
4. leave granted for a period of one (1) year or less shall be scheduled in a manner which ensures continued service delivery;

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5. notwithstanding clause 27.02 and paragraph 27.03(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;

**

6. 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.

27.04 An employee who has proceeded on leave without pay may change his or her return to work date if such change does not result in additional costs to the Employer.

27.05 Transitional provisions

These transitional provisions are applicable to employees who have been granted and have proceeded on leave on or after the date of signature of this Agreement.

An employee who, on the date of signature of this Agreement, is on Leave Without Pay for the Care and Nurturing of Pre-School Age Children (Article 25) or on Leave Without Pay for the Long-Term Care of a Parent and Other Family-Related Needs (Article 27) under the terms of the agreement expired on July 1, 2001, continues on that leave for the approved duration or until the employee's return to work, if the employee returns to work before the end of the approved leave.

An employee who becomes a member of the bargaining unit on or after the date of signature of this Agreement and who is on Leave Without Pay for the Care and Nurturing of Pre-School Age Children or on Leave Without Pay for the Long-Term Care of a Parent and Other Family-related needs or under the terms of another agreement, continues on that leave for the approved duration or until the employee's return to work, if the employee returns to work before the end of the approved leave.

All leave granted under Leave Without Pay for the Long-Term Care of a Parent and Other Family-related Needs or under Leave Without Pay for the Care and Nurturing of Pre-School Age Children under the terms of previous Foreign Service collective agreements or other agreements will not count towards the calculation of the maximum amount of time allowed for Care of Immediate Family during an employee's total period of employment in the public service.

Article 28
Leave With Pay for
Family-Related Responsibilities

**

28.01 For the purpose of this Article, family is defined as spouse (or common-law partner), children (including children of legal or common-law partner), foster children, ward of the employee, parents (including stepparents or foster parents), or any relative permanently residing in the employee's household or with whom the employee permanently resides.

28.02 The total leave with pay which may be granted under this Article shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year.

28.03 Subject to clause 28.02, an employee shall be granted leave with pay under the following circumstances:

1. to take a family member for medical or dental appointments, or for appointments with school authorities or adoption agencies, if the supervisor was notified of the appointment as far in advance as possible;
2. to provide for the immediate and temporary care of a sick member of his family and to provide him with time to make alternative care arrangements where the illness is of a longer duration;
3. to provide for the immediate and temporary care of an elderly member of his family;
4. for needs directly related to the birth or to the adoption of his child, which may be divided into two (2) periods and granted on separate days.

**

28.04 Where, in respect of any period of compensatory leave, an employee is granted leave with pay for illness in the family under 28.03(b) above, 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.

Article 29
Leave Without Pay for Personal Needs

29.01 Leave without pay will be granted for personal needs in the following manner:

1. subject to operational requirements, leave without pay for a period of up to three (3) months will be granted to an employee for personal needs;
2. subject to operational requirements, leave without pay for more than three (3) months but not exceeding one (1) year will be granted to an employee for personal needs;
3. an employee is entitled to leave without pay for personal needs twice under each of paragraphs (a) and (b) of this clause during the employee's total period of employment in the public service. Leave can only be granted for a second time under each of (a) and (b) of this clause ten (10) years after the first leave was granted. Leave without pay granted under this clause may not be used in combination with maternity or parental leave without the consent of the Employer.

Article 30
Leave Without Pay for Relocation of Spouse

30.01 At the request of an employee, leave without pay for a period of up to one (1) year shall be granted to an employee whose spouse is permanently relocated and up to five (5) years to an employee whose spouse is temporarily relocated.

Article 31
Bereavement Leave With Pay

**

31.01 For the purpose of this Article, immediate family is defined as father, mother, (or alternatively stepfather, stepmother, or foster parent), brother, sister, spouse (including common-law partner), child (including child of common-law partner), stepchild or ward of the employee, grandchild, grand-parent, father-in-law, mother-in-law and relative permanently residing in the employee's household or with whom the employee permanently resides.

1. When a member of his immediate family dies, an employee shall be entitled to a bereavement period of five (5) consecutive calendar days. Such bereavement period, as determined by the employee, must include the day of the memorial commemorating the deceased or must begin within two (2) days following the death. During such period he shall be paid for those days which are not regularly scheduled days of rest for him. In addition, he may be granted up to three (3) days' leave with pay for the purpose of travel related to the death.

31.02 An employee is entitled to one (1) day's bereavement leave with pay for the purpose related to the death of his or her son-in-law, daughter-in-law, brother-in-law or sister-in-law.

31.03 If, during a period of sick leave, vacation leave or compensatory leave, an employee is bereaved in circumstances under which he would have been eligible for bereavement leave with pay under clauses 31.01 or 31.02, he shall be granted bereavement leave with pay and his sick leave, vacation leave or compensatory leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.

31.04 It is recognized by the parties that the circumstances which call for leave in respect of bereavement are based on individual circumstances. On request, the deputy head of the department may, after considering the particular circumstances involved, grant leave with pay for a period greater than that provided for in clauses 31.01 and 31.02.

Article 32
Court Leave With Pay

32.01 The Employer shall grant leave with pay to an employee for the period of time she is required:

1. to be available for jury selection;
2. to serve on a jury;
   or
3. by subpoena or summons to attend as a witness in any proceeding, except one to which she is a party, held:
   1. in or under the authority of a court of justice or before a grand jury,
   2. before a court, judge, justice, magistrate or coroner,
   3. before the Senate or House of Commons of Canada, or a committee of the Senate or House of Commons, otherwise than in the performance of the duties of her position,
   4. before a legislative council, legislative assembly or house of assembly, or any committee thereof that is authorized by law to compel attendance of witnesses before it,
      or
   5. before an arbitrator or umpire or a person or body of persons authorized by law to make an inquiry and to compel the attendance of witnesses before it.

Article 33
Personnel Selection Leave With Pay

33.01 Where an employee participates in a personnel selection process, including the appeal process where applicable, for a position in the public service, as specified in Schedule I and IV of the Financial Administration Act, he is entitled to leave with pay for the period during which his presence is required for purposes of the selection process, and for such further period as the Employer considers reasonable for him to travel to and from the place where his presence is so required.

Article 34
Educational Leave

34.01 Subject to operational and budgetary constraints as determined by the Employer, an employee may be granted educational leave without pay for varying periods of up to one (1) year to attend a recognized institution for additional or special study in an academic discipline, or for a programme of special study, directly related to the interests of the foreign service of Canada.

34.02 An employee on such educational leave without pay may receive an educational leave allowance in lieu of salary of up to one hundred per cent (100%) of her basic salary provided that, where she receives a grant, bursary or scholarship, the educational leave allowance may be reduced. In such cases, the amount of the reduction shall not exceed the amount of the grant, bursary or scholarship.

34.03 Any allowance already being received by the employee and not part of her basic salary shall not be used in the calculation of the allowance for educational leave without pay.

34.04 Allowances already being received by the employee may, at the discretion of the Employer, be continued during the period of educational leave without pay and the employee shall be notified when the leave is approved whether such allowances are to be continued in whole or in part.

34.05 As a condition to the granting of educational leave without pay an employee shall, if required, give a written undertaking prior to commencement of leave to return to the service of the Employer for a period of not less than the period of the leave granted.

34.06 Should the employee fail for reasons within her control to complete the course or the programme of special study or to resume her employment with the Employer following completion of the course, or cease to be employed, except by reason of death or lay-off, before termination of the period she has undertaken to serve after completion of educational leave, she shall repay the Employer the allowances paid to her during the educational leave, or such lesser sum as shall be determined by the Employer.

Article 35
Attendance at Conferences and Conventions

35.01 An employee shall have the opportunity, subject to operational requirements and budgetary constraints as determined by the Employer, to attend a reasonable number of conferences or conventions related to his field of specialization in order to benefit from an exchange of knowledge and experience with his professional colleagues. The Employer may grant leave with pay and reasonable expenses, including registration fees, to attend such gatherings.

35.02 An employee who attends a conference or convention at the request of the Employer to represent the interests of the Employer shall be deemed to be on duty and, as required, in travel status.

35.03 An employee invited to participate in a conference or convention in an official capacity such as to present a formal address or to give a course related to his field of employment, may be granted leave with pay for this purpose and may, in addition, be reimbursed for his payment of registration fees and reasonable travel expenses.

35.04 An employee shall not be entitled to any compensation under Article 14 (Overtime) in respect of hours he is in attendance at a conference or convention under the provisions of this Article.

35.05 Compensation shall not be paid under Article 18 (Travel) in respect of hours travelling to or from a conference or convention under the provisions of this Article, unless the employee is required to attend by the Employer.

Article 36
Professional Development

36.01 Because the parties to this Agreement share a desire to improve the quality of the Career Foreign Service and to maintain and enhance the professional standards of Foreign Service Officers, employees may be given the opportunity on occasion:

1. to participate in seminars, workshops, short courses or similar out-service programs to keep up to date with knowledge and skills in their respective fields,
   or
2. to conduct research or to perform work related to their specialization in institutions or locations other than those of the Employer.

36.02 An employee may apply at any time for professional development under this Article, and the Employer may select an employee at any time for professional development. When an employee is selected for professional development, the Employer will consult with her before determining the location and duration of the program of work or studies to be undertaken.

36.03 An employee selected for professional development will continue to receive her normal compensation including any increase for which she may become eligible. She shall not be entitled to any compensation under Articles 14 (Overtime) and 18 (Travel) while on professional development under this Article.

36.04 An employee on professional development under this Article may be reimbursed for reasonable travel expenses and such other additional expenses as the Employer deems appropriate.

Article 37
Examination Leave

37.01 Leave with pay to write examinations may be granted by the Employer to an employee who is not on educational leave. Such leave will be granted only where, in the opinion of the Employer, the course of study is directly related to the employee's duties or will improve his qualifications.

Article 38
Volunteer Leave

38.01 Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, a single period of up to seven decimal five (7.5) hours of leave with pay to work as a volunteer for a charitable or community organisation or activity, other than for activities related to the Government of Canada Workplace Charitable Campaign.

The leave will be scheduled at times convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such times as the employee may request.

Article 39
Leave With or Without Pay for Other Reasons

39.01 At its discretion, the Employer may grant leave with or without pay for purposes other than those specified in this Agreement.

39.02 Personal Leave

Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, a single period of up to seven decimal five (7.5) hours of leave with pay for reasons of a personal nature.

The leave will be scheduled at times convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leaves at such times as the employee may request.

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