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Agreement Between the Treasury Board and the Professional Association of Foreign
Service Officers
Group: Foreign Service
(All employees)
Code: 312
Expiry Date: June 30, 2011
**Asterisks denote changes from the previous collective agreement.
Table of Contents
1.01 The parties to this Agreement share a
desire to improve the quality of the career foreign service within the Public
Service of Canada, to maintain and enhance the professional standards of
Foreign Service officers to the end that the people and Government of Canada
will be well and effectively served in the furtherance of Canada's national
interests in Canada and abroad. Accordingly, they are determined to establish
within the framework provided by law an effective working relationship.
1.02 The purpose of this Agreement is to
maintain harmonious and mutually beneficial relationships between the Employer,
the Association and the career foreign service employees it represents, and to
set forth certain terms and conditions of employment relating to remuneration,
employee benefits and general working conditions affecting employees covered by
this Agreement.
1.03 The Employer will retain all the
functions, rights, powers and authority not specifically abridged or modified
by this Agreement.
1.04 Nothing in this Agreement shall be
construed as an abridgement or restriction of any employee's constitutional
rights or of any right expressly conferred in an Act of the Parliament of
Canada.
2.01 For the purpose of this Agreement:
- "Association"
- means the Professional Association of Foreign Service Officers
(Association),
- "bargaining agent"
- means the Professional
Association of Foreign Service Officers (agent négociateur),
- "bargaining unit"
- means the employees of the Employer in the Foreign Service Group as described in the certificate issued by the Public Service
Staff Relations Board on March 11, 1968 as amended on May 10, 1999 (unité de négociation),
- "common-law partner"
- refers to a person living in a conjugal relationship with an
employee for a continuous period of at least one (1) year (conjoint de fait),
- "continuous employment"
- has the same meaning as
specified in the Public Service Terms and Conditions of Employment Regulations
(emploi continu),
- "daily rate of pay"
- means an employee's weekly rate
of pay divided by five (5) (taux de rémunération journalier),
- "double time"
- means twice (2) the straight-time
hourly rate (tarif double),
- "employee"
- means a person who is a member of the
bargaining unit (fonctionnaire),
- "Employer"
- means Her Majesty in right of Canada as represented by the Treasury Board, and
includes any person authorized to exercise the authority of the Treasury Board
(Employeur),
- "hourly rate of pay"
- means an employee's daily rate
of pay divided by seven decimal five (7.5) (taux de rémunération horaire),
**
- "overtime" (heures supplémentaires) means:
-
- in the case of a full-time employee,
authorized work performed in excess of the employee's daily or weekly hours of
work prescribed in this Collective Agreement,
or
- in
the case of a part-time employee, authorized work performed in excess of seven
decimal five (7.5) hours per day or thirty-seven decimal five (37.5) hours per
week but does not include time worked on a holiday,
or
- for
any employee whose normal scheduled hours of work are in excess of seven
decimal five (7.5) hours per day, authorized work performed in excess of those
normal scheduled daily hours or an average of thirty-seven decimal five (37.5)
hours per week,
- "part-time
employee"
- means an employee whose normal scheduled hours of work on
average are less than thirty-seven decimal five (37.5) hours per week, but not
less than those prescribed in the Public
Service Labour Relations Act (fonctionnaire à
temps partiel),
- "spouse"
- will, when required, be interpreted to include "common-law partner"
except, for the purposes of the Foreign Service Directives, in which case the
definition of "spouse" will remain as specified in Directive 2 of the
Foreign Service Directives (époux),
- "time and one-half"
- means one and one-half (1 1/2)
times the straight-time (tarif et demi),
- "weekly rate of pay"
- means an employee's annual rate
of pay divided by
fifty-two decimal one seven six (52.176) (taux de rémunération hebdomadaire).
2.02 Except as otherwise provided in this
Agreement, expressions used in this Agreement:
- if
defined in the Public Service Labour
Relations Act, have the same meaning as given to them in the Public Service Labour Relations Act,
- if
defined in the Interpretation Act,
but not defined in the Public Service
Labour Relations Act, have the same meaning as given to them in the Interpretation Act,
and
- if defined in the Public Service Terms and Conditions of
Employment Regulations but not defined in either the Public Service Labour Relations Act or the Interpretation Act, have the same meaning as given to them in the
Public Service Terms and Conditions of Employment Regulations as they are
amended from time to time.
2.03 The parties to this Agreement share a
desire to eliminate sexual stereotyping from all government communications and,
to this end, have agreed to give equal importance to both sexes in alternating
the use of the feminine and masculine genders in the wording of this Agreement.
Therefore, unless otherwise indicated by the context, what is formulated in the
feminine gender includes the masculine and vice versa.
2.04 The
English and French texts of this Agreement are equally authentic.
3.01 The Employer recognizes the Professional
Association of Foreign Service Officers as the exclusive bargaining agent for
all employees described in the certificate issued by the former Public Service
Staff Relations Board on
May 10, 1999 covering employees in the Foreign Service Group.
4.01 Subject to the provisions of this
Article, the Employer will, as a condition of employment, deduct an amount
equal to the membership dues from the monthly pay of all employees in the
bargaining unit.
4.02 The Association shall inform the
Employer in writing of the authorized monthly deduction to be checked off for
each employee defined in clause 4.01. The Association shall give at least three
(3) months' advance notice to the Employer of any amendment to the amount of
the authorized monthly deduction.
4.03
- For
new employees to the bargaining unit, the provisions of clause 4.01 will
commence the first (1st) full month of employment to the extent that earnings
are available.
- Where
any employee does not have sufficient earnings in respect of any month to
permit deductions, the Employer shall not be obligated to make such deductions
from subsequent salary.
4.04 An employee, who satisfies the
Employer to the extent that she declares in an affidavit that she is a member
of a religious organization whose doctrine prevents her as a matter of
conscience from making financial contributions to an employee organization and
that she will make contributions to a charitable organization registered
pursuant to the Income Tax Act, equal
to dues, shall not be subject to this Article, provided that the affidavit
submitted by her is countersigned by an official representative of the
religious organization involved.
4.05 The amounts deducted in
accordance with clause 4.01 shall be remitted to the Association by cheque
within a reasonable period of time after deductions are made and shall be
accompanied by the name and pay number of each employee and the amount of the
deductions made on the employee's behalf.
4.06 The Employer shall provide a monthly
revocable check-off of premiums payable on insurance plans, provided by the
Association for its members in the bargaining unit, on the basis of
presentation of appropriate documentation, provided that the amounts so
deducted are combined with membership dues in a single monthly deduction. The
Employer will not be required to inform an employee when her insurance plan
coverage is affected because of lack of sufficient earnings to cover deductions
or because of her transfer out of or into the bargaining unit.
4.07 The Association agrees to indemnify
and save the Employer harmless against any claim or liability arising out of
the application of this Article, except for any claim or liability arising out
of an error committed by the Employer.
5.01 The communication facilities of the
Employer are for the delivery of government programs. Nevertheless, in the
situations circumscribed by clauses 5.03 and 5.04 and subject to operational
requirements, the Employer agrees to cooperate in providing certain facilities
for communications between the Association and the employees on foreign
assignment.
5.02 The Association agrees to indemnify
and save the Employer harmless against any claim or liability arising out of
the application of this Article.
5.03 Foreign Affairs Mail Distribution Service
Notwithstanding any restrictions on use of government mail
facilities, the departmental internal mail facilities may be used for
communications between the Association and the employees on foreign assignment,
in conformity with applicable Employer policies as amended from time to time.
5.04 Departmental Electronic Mail Systems
- The
departments shall allow the Association to use the departmental electronic
network to distribute information to the members of the Association pursuant to
sub-paragraphs 5.04(i), (ii) and (iii);
- The Association
shall endeavour to avoid requests for distributing information, which the
Employer, acting reasonably, could consider adverse to its interests or to the
interests of any of its representatives. Distribution of information shall
require the prior approval of the department.
- The Association shall provide to the
authorized representative a paper and electronic (ready for transmission) copy
of the documents it wants to distribute.
- Such approval shall be requested from the
authorized representative or his or her delegate at the national level; it
shall not be unreasonably withheld.
- The Department will endeavour to transmit the approved information via its
electronic network within three working days (not counting Saturdays, Sundays
and Designated Paid Holidays). The person responsible for the approval will
ensure the distribution of the information.
- The
departments will ensure a hyperlink to the Association's website from its
intranet through the Association.
5.05 Bulletin Boards
Reasonable space on bulletin boards, in convenient
locations, including electronic bulletin boards where available, will be made available
to the Association for the posting of official Association notices. The
Association shall endeavour to avoid requests for posting of notices which the
Employer, acting reasonably, could consider adverse to its interests or to the
interests of any of its representatives. Posting of notices or other materials
shall require the prior approval of the Employer, except notices related to the
business affairs of the Association, including the names of Association
representatives, and social and recreational events. Such approval shall not be
unreasonably withheld.
6.01 The Employer agrees to supply the
Association each month with the name, geographic location and classification
level of each employee who enters or leaves the bargaining unit.
6.02 The Employer agrees to provide each
employee with a copy of this Agreement.
7.01 The parties acknowledge the mutual
benefits to be derived from joint consultation and will consult on matters of
common interest.
7.02 The subjects for joint consultation
shall include career development.
7.03 Without limiting the manner in which
the parties agree to consult, the Department of Foreign Affairs and
International Trade and the Department of Citizenship and Immigration undertake
to maintain a consultation process with the Association in accordance with
terms of reference which are mutually agreed upon.
8.01 An employee who is required to
attend a meeting, the purpose of which is to conduct a disciplinary hearing
concerning her or to render a disciplinary decision concerning her, shall:
- where
practicable, receive in writing a minimum of two (2)day's notice of such a meeting, as well as its purpose,
and
- at her request, have a representative of the Association
attend the meeting, when the representative is readily available.
8.02 When an employee is suspended from duty,
demoted, or terminated in accordance with paragraph 12(l)(c), (d) or (e) of the
Financial Administration Act, the Employer undertakes to notify her in
writing of the reason for such suspension, demotion or termination. The
Employer shall endeavour to give such notification at the time of suspension,
demotion or termination.
8.03 The Employer shall notify the
Executive Director of the Association of such suspension or demotion and, at
the written agreement of the employee, that such termination has occurred.
8.04 The Employer agrees not to introduce as
evidence in a hearing relating to disciplinary action any document from the
file of an employee, the existence of which she was not aware at the time of
filing or within a reasonable period thereafter.
8.05 Any document or written statement related to
disciplinary action, which may have been placed on the personnel file of an
employee shall be destroyed after two (2) years have elapsed since the
disciplinary action was taken provided that no further disciplinary action has
been recorded during this period. This period will automatically be extended by
the length of any period of leave without pay of three (3) months or more.
8.06 Subject to the Access to Information and Privacy Act,
the Employer shall provide the employee access to the information used during
the disciplinary investigation.
9.01 For the purpose of this Article,
- a
formal assessment and/or appraisal of an employee's performance means a written
assessment and/or appraisal by the supervisor of how well the employee has
performed the employee's assigned tasks during a specified period in the past;
- formal assessment and/or appraisals of employee performance
shall be recorded in a form prescribed by the Employer for this purpose.
9.02 Prior to an employee performance
review the following shall be made available to the employee:
- the
evaluation form which will be used for the review;
- any
written document which provides instructions to the person conducting the
review;
- if, during the employee performance review, either the form
or instructions have changed they shall be given to the employee.
9.03
- At
the beginning of an employee's assignment and annually thereafter, the manager
in consultation with the employee, will establish the employee's objectives for
the year.
- If
during an employee's assignment a concern arises with respect to the employee's
performance, the Employer will bring those concerns to the attention of the
employee in a timely manner. Except in cases of adverse impact on Canadian's
interests abroad, the employee shall be given a reasonable opportunity to bring
the performance up to the performance standard.
9.04
- When
a formal assessment of an employee's performance is made, the employee
concerned must be given an opportunity to sign the assessment form in question
upon its completion to indicate that its contents have been read. An employee's
signature on the assessment form shall be considered to be an indication only
that its contents have been read and shall not indicate the employee's
concurrence with the statements contained on the form.
The
employee shall be provided with a copy of the assessment at the time that the
assessment is signed by the employee.
- The
Employer's representative(s) who assesses an employee's performance must have
observed or been aware of the employee's performance for at least one-half (1/2)
of the period for which the employee's performance is evaluated.
- When
an employee disagrees with the assessment and/or the appraisal of his work, he
shall have the right to present written counter arguments to the manager(s) or
committee(s) responsible for the assessment and/or appraisal. An employee has
the right to make written comments to be attached to the performance review
form.
9.05 Upon written request of an employee,
the personnel file of that employee shall be made available once per year for
the employee's examination in the presence of an authorized representative of
the Employer.
10.01 In cases of alleged
misinterpretation or misapplication arising out of agreements concluded by the
National Joint Council (NJC) of the public service on items which may be
included in a collective agreement and which the parties to this Agreement have
endorsed, the grievance procedure will be in accordance with section 15 of the
NJC By-Laws.
10.02 The parties recognize the value of informal discussion between
employees and their supervisors to the end that problems might be resolved
without recourse to a formal grievance. When the parties in writing avail
themselves of an informal conflict management system established pursuant to
section 207 of the PSLRA, the time limits prescribed in this Grievance
Procedure are suspended until either party gives the other notice in writing to
the contrary.
10.03 No person shall seek
by intimidation, by threat of dismissal or by any other kind of threat to cause
a grievor to abandon his/her grievance or refrain
from exercising his/her right to present a grievance as provided in this
Agreement.
Individual
Grievances
10.04 Subject to
subsections (2) to (7) and as provided in Section 208 of the Public Service
Labour Relations Act, a grievor who feels that
he/she has been treated unjustly or considers himself/herself aggrieved by any
action or lack of action by the Employer in matters other than those arising
from the classification process is entitled to present a grievance related to:
- the interpretation or application,
in respect of the employee, of
- a provision of a
statute or regulation, or of a direction or other instrument made or issued by
the Employer, that deals with terms and conditions of employment, or
- a
provision of a collective agreement or an arbitral award;
or
- as a result of any
occurrence or matter affecting his or her terms and conditions of employment.
- An
employee may not present an individual grievance in respect of which an
administrative procedure for redress is provided under any act of Parliament,
other than the Canadian Human Rights Act.
- Despite
subsection (2), an employee may not present an individual grievance in respect
of the right to equal pay for work of equal value.
- An
employee may not present an individual grievance relating to the interpretation
or application, in respect of the employee, of a provision of a collective
agreement or an arbitral award unless the employee has the approval of and is
represented by the bargaining agent for the bargaining unit to which the
collective agreement or arbitral award applies.
- An
employee who, in respect of any matter, avails himself or herself of a complaint
procedure established by a policy of the Employer may not present an individual
grievance in respect of that matter if the policy expressly provides that an
employee who avails himself or herself of the complaint procedure is precluded
from presenting an individual grievance under this Article.
- An employee may not present an individual
grievance relating to any action taken under any instruction, direction or
regulation given or made by or on behalf of the Government of Canada in the
interest of the safety or security of Canada or any state allied or associated
with Canada.
- For the purposes of subsection (6), an order
made by the Governor in Council is conclusive proof of the matters stated in
the order in relation to the giving or making of an instruction, a direction or
a regulation by or on behalf of the Government of Canada in the interest of the
safety or security of Canada or any state allied or associated with Canada.
10.05 Except as otherwise provided in this
Agreement a grievance shall be processed by recourse to the following levels:
- level 1 - that level of management authorized
to respond to grievances at Level 1 (All Departments);
- levels 2 and 3 - intermediate level(s) where
such level or levels are established in departments or agencies (All
Departments except Foreign Affairs and International Trade);
- final level - Deputy
Head or his/her authorized
representative (All Departments).
10.06 Where the Employer demotes or terminates an employee
for cause pursuant to paragraph 12(1)(c), (d) or (e) of the Financial Administration Act, the grievance procedure
set forth in this Agreement shall apply except that the grievance shall be
presented at the final level only.
10.07 The Employer shall
designate a representative at each level in the grievance procedure and shall
inform each employee to whom the procedure applies of the name or title of the
person so designated together with the name or title and address of the
immediate supervisor or local officer-in-charge to whom a grievance is to be
presented. This information shall be communicated to employees by means of
notices posted by the Employer in places where such notices are most likely to
come to the attention of the employees to whom the grievance procedure applies,
or otherwise as determined by agreement between the Employer and the
Association.
Clauses
10.08 to 10.23 apply only to Individual and Group Grievances
10.08 A grievor
who wishes to present a grievance at a prescribed level in the grievance procedure, shall transmit this grievance to his/her
immediate supervisor or local officer-in-charge who shall forthwith:
- forward the grievance to the representative of
the Employer authorized to deal with grievances at the appropriate level,
and
- provide the grievor with a receipt stating the date on which the
grievance was received by him/her.
10.09 Where it is necessary
to present a grievance by mail, the grievance shall be deemed to have been
presented on the day on which it is postmarked and it shall be deemed to have
been received by the Employer on the date it is delivered to the appropriate
office of the department or agency concerned. Similarly the Employer shall be
deemed to have delivered a reply at any level on the date on which the letter
containing the reply is postmarked, but the time limit within which the grievor may present his/her grievance at the next higher
level shall be calculated from the date on which the Employer's reply was
delivered to the address shown on the grievance form.
10.10 A grievance shall not
be deemed to be invalid by reason only that it is not in accordance with the
form supplied by the Employer.
10.11 A grievor
may be assisted and/or represented by the Association when presenting a
grievance at any level.
10.12 The Association shall
have the right to consult with the Employer with respect to a grievance at each
level of the grievance procedure. Where consultation is with the deputy head,
the deputy head shall render the decision.
10.13 A grievor
may present a grievance to the First Level of the procedure in the manner
prescribed in clause 10.07, not later than the twenty-fifth (25th) day after
the date on which he/she is notified orally or in writing or on which he/she
first becomes aware of the action or circumstances giving rise to grievance.
10.14 The Employer shall
normally reply to a grievance, at any level in the grievance procedure, except
the final level, within ten (10) days after the date the grievance is presented
at that level. Where such decision or settlement is not satisfactory to the grievor, he/she may submit a grievance at the next higher
level in the grievance procedure within ten (10) days after that decision or
settlement has been conveyed to him in writing.
10.15 If
the Employer does not reply within fifteen (15) days from the date that a
grievance is presented at any level, except the final level, the grievor may, within the next ten (10) days, submit the
grievance at the next higher level of the grievance procedure.
10.16 The Employer shall
normally reply to a grievance at the final level of the grievance procedure
within thirty (30) days after the grievance is presented at that level.
10.17 Where a grievor has been represented by the Association in the
presentation of his/her grievance, the Employer will provide the appropriate
representative of the Association with a copy of the Employer's decision at
each level of the grievance procedure at the same time that the Employer's
decision is conveyed to the grievor.
10.18 The decision given by
the Employer at the Final Level in the grievance procedure shall be final and
binding upon the grievor unless the grievance is a
class of grievance that may be referred to adjudication.
10.19 In determining the
time within which any action is to be taken as prescribed in this procedure,
Saturdays, Sundays and designated paid holidays shall be excluded.
10.20 The time limits
stipulated in this procedure may be extended by mutual agreement between the
Employer and the grievor and, where appropriate, the
Association representative.
10.21 Where it appears that
the nature of the grievance is such that a decision cannot be given below a
particular level of authority, any or all the levels, except the final level,
may be eliminated by agreement of the Employer and the grievor,
and, where applicable, the Association.
10.22 A grievor
may abandon a grievance by written notice to his/her immediate supervisor or
officer-in-charge.
10.23 When a grievor fails to present a grievance to the next higher
level within the prescribed time limits he/she will be deemed to have abandoned
the grievance, unless he/she was unable to comply with the prescribed time
limits due to circumstances beyond his/her control.
Reference
to Adjudication – Individual Grievances
10.24 Where a grievor has presented a grievance up to and including the
Final Level in the grievance procedure with respect to:
- the interpretation or application in respect
of the grievor of a provision of this Agreement or a
related arbitral award,
or
- disciplinary action resulting in suspension or
a financial penalty,
or
- termination
of employment or demotion pursuant to paragraph 12(1)(c), (d) or (e) of the Financial
Administration Act,
and his/her
grievance has not been dealt with to his/her satisfaction, he/she may refer the
grievance to adjudication in accordance with the provisions of the Public
Service Labour Relations Act and Regulations.
10.25 Where a grievance
that may be presented by a grievor to adjudication is
a grievance relating to the interpretation or application in respect of him of
a provision of this Agreement or an arbitral award, he is not entitled to refer
the grievance to adjudication unless the Association signifies in the prescribed manner:
- its approval of the reference of the grievance
to adjudication,
and
- its willingness to
represent the grievor in the adjudication
proceedings.
Group Grievances
10.26 Subject to and as
provided in section 215 of the Public
Service Labour Relations Act and clauses 10.08 to 10.23 of this Collective
Agreement, the Association may present a group grievance to the Employer on
behalf of employees in the bargaining unit who feel aggrieved by the
interpretation or application, common in respect of those employees, of a
provision of the collective agreement or an arbitral award.
10.27
Presentation of Group Grievance
- The
bargaining agent for a bargaining unit may present to the Employer a group
grievance on behalf of employees in the bargaining unit who feel aggrieved by
the interpretation or application, common in respect of those employees, of a
provision of a collective agreement or an arbitral award.
- In
order to present the grievance, the bargaining agent must first obtain the
consent of each of the employees concerned in the form provided for by the
regulations. The consent of an employee is valid only in respect of the
particular group grievance for which it is obtained.
- The
group grievance must relate to employees in a single portion of the federal
public administration.
- A
bargaining agent may not present a group grievance in respect of which an
administrative procedure for redress is provided under any Act of Parliament,
other than the Canadian Human Rights Act.
- Notwithstanding
subsection (4), a bargaining agent may not present a group grievance in respect
of the right to equal pay for work of equal value.
- If
an employee has, in respect of any matter, availed himself or herself of a
complaint procedure established by a policy of the employer, the bargaining
agent may not include that employee as one on whose behalf it presents a group
grievance in respect of that matter if the policy expressly provides that an
employee who avails himself or herself of the complaint procedure is precluded
from participating in a group grievance under this article.
- A bargaining agent may not
present a group grievance relating to any action taken under any instruction,
direction or regulation given or made by or on behalf of the Government of
Canada in the interest of the safety or security of Canada or any state allied
or associated with Canada.
- For
the purposes of subsection (7), an order made by the Governor in Council is
conclusive proof of the matters stated in the order in relation to the giving
or making of an instruction, a direction or a regulation by or on behalf of the
Government of Canada in the interest of the safety or security of Canada or any
state allied or associated with Canada.
10.28
Opting out of a group Grievance
- An
employee in respect of whom a group grievance has been presented may, at any
time before a final decision is made in respect of the grievance, notify the
Association that the employee no longer wishes to be involved in the group
grievance.
- After
receiving the notice, the Association may not pursue the grievance in respect
of the employee.
10.29
Reference to Adjudication
- The
bargaining agent may refer to adjudication any group grievance that has been
presented up to and including the final level in the grievance process and that
has not been dealt with to its satisfaction.
- When
a group grievance has been referred to adjudication and a party to the
grievance raises an issue involving the interpretation or application of the Canadian
Human Rights Act, that party must, in accordance with the regulations, give
notice of the issue to the Canadian Human Rights Commission.
- The
Canadian Human Rights Commission has standing in adjudication proceedings for
the purpose of making submissions regarding an issue referred to in subsection
(2).
Policy Grievances
10.30 Subject to and as
provided in section 220 of the Public
Service Labour Relations Act, the Employer and the Association may present
a grievance to the Association or the Employer, as the case may be, authorized
to deal with the grievance. The party who receives the grievance shall provide
the other party with a receipt stating the date on which the grievance was
received by him.
10.31 There shall be no
more than one (1) level in the grievance procedure.
10.32 The Employer and the
Association shall designate a representative and shall notify each other of the
title of the person so designated.
10.33 The Employer and the
Association may present a grievance in the manner prescribed in clause 10.30,
no later than the twenty-fifth (25th) day
after the earlier of the day on which it received notification and the day on
which it had knowledge of any act, omission or other matter giving rise to the
policy grievance.
10.34 The Employer and the
Association shall normally reply to the grievance within sixty (60) days when
the grievance is presented.
10.35 The Employer or the
Association, as the case may be, may by written notice to the officer-in-charge
withdraw a grievance.
10.36
Reference to Adjudication
A party that presents a policy grievance may
refer it to adjudication, in accordance with sections 221 and 222 of the Public Service Labour Relations Act.
11.01 Where, at the request of the
Employer, an employee performs duties outside the public
service the performance of which is not under the direction or control
of the Employer the provisions of this Agreement, except for Article 20
(Severance Pay), do not apply to her. Where the employment of such employee is
terminated, her severance pay entitlement under Article 20 shall be reduced by
the amount of any severance pay she receives from any Employer outside the
public service under whose direction and control she was performing her duties.
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.
21.01
- 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.
- 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.
- 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
- 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.
- 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.
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:
- 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;
- twelve
decimal five (12.5) hours per month commencing with the month in which his
eighth (8th) anniversary of service occurs;
- thirteen decimal seven five (13.75) hours commencing with
the month in which his sixteenth (16th) anniversary of service occurs;
- fourteen
decimal three seven five (14.375) hours per month commencing with the month in
which his seventeenth (17th) anniversary of service occurs;
- fifteen
decimal six two five (15.625) hours per month commencing with the month in
which his eighteenth (18th ) anniversary of service occurs;
- sixteen
decimal eight seven five (16.875) hours commencing with the month in which his
twenty-seventh (27th) anniversary of service occurs;
- 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:
- is
granted other leave with pay,
or
- 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
- Employees
must normally take all their vacation leave during the vacation year in which
it is earned.
- 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.
- 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.
- 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:
- in
proceeding to his place of duty,
and
- 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
- 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.
- 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
- 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.
- 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
- 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.
- 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.
- 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.
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:
- she satisfies the Employer of this condition
in such manner and at such time as may be determined by the Employer,
- she
has the necessary sick leave credits,
and
**
- 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.
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:
- personal
injury accidentally received in the performance of his or her duties and not
caused by the employee's wilful misconduct,
or
- 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.
25.01 Maternity Leave without Pay
**
- 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.
**
- Notwithstanding
paragraph (a):
- where the
employee has not yet proceeded on maternity leave without pay and her newborn
child is hospitalized,
or
- 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.
- The
extension described in paragraph (b) shall end not later than fifty-two (52)
weeks after the termination date of pregnancy.
- The
Employer may require an employee to submit a medical certificate certifying
pregnancy.
- An
employee who has not commenced maternity leave without pay may elect to:
- use earned
vacation and compensatory leave credits up to and beyond the date that her
pregnancy terminates;
- 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.
- 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.
- 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
- 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:
- has completed six
(6) months of continuous employment before the commencement of her maternity
leave without pay,
- 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
- has signed an agreement with the Employer
stating that:
- 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;
- 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;
- 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).
- 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).
- Maternity allowance payments made in
accordance with the SUB Plan will consist of the following:
- 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
- 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.
**
- 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.
- 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.
- The
weekly rate of pay referred to in paragraph (c) shall be:
- for a full-time
employee, the employee's weekly rate of pay on the day immediately preceding
the commencement of maternity leave without pay,
- 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.
- 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.
- 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.
**
- 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.
- 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
- An
employee who:
- 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
- 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.
- 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.
**
26.01 Parental Leave Without Pay
- 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.
- 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.
- 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.
- Notwithstanding paragraphs (a) and
(b):
- 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
- 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.
- 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.
- The
Employer may:
-
defer the
commencement of parental leave without pay at the request of the employee;
- grant the employee parental leave without
pay with less than four (4) weeks' notice;
- require an
employee to submit a birth certificate or proof of adoption of the child.
- 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
- 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:
- has completed six
(6) months of continuous employment before the commencement of parental leave
without pay,
- 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
- has signed an agreement with the Employer
stating that:
- 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;
- 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;
- 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).
- 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).
- Parental
Allowance payments made in accordance with the SUB Plan will consist of the
following:
- 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;
- 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;
- 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.
- 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.
- 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.
- The
weekly rate of pay referred to in paragraph (c) shall be:
-
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;
- 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.
- 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.
- 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.
**
- 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.
- Parental
allowance payments made under the SUB Plan will neither reduce nor increase an
employee's deferred remuneration or severance pay.
**
- 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
- An employee who:
- 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
- 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.
- 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.
27.01 Both parties
recognize the importance of access to leave for the purpose of care for the
immediate family.
**
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:
- 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;
- leave granted under this Article shall be for a minimum period of three (3)
weeks;
- 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;
- leave granted for a period of one (1) year or less shall be scheduled in a
manner which ensures continued service delivery;
**
- 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;
**
- 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.
**
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:
- 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;
- 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;
- to
provide for the immediate and temporary care of an elderly member of his
family;
- 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.
29.01 Leave without pay will be granted for
personal needs in the following manner:
- 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;
- 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;
- 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.
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.
**
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.
- 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.
32.01 The Employer shall grant leave with
pay to an employee for the period of time she is required:
- to
be available for jury selection;
- to
serve on a jury;
or
- by
subpoena or summons to attend as a witness in any proceeding, except one to
which she is a party, held:
- in or under the
authority of a court of justice or before a grand jury,
- before a court, judge, justice, magistrate
or coroner,
- 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,
- 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
- 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.
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.
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.
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.
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:
- 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
- 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.
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.
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.
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.
40.01 The terms and conditions of
employment of an employee who is subject to the Foreign Service Directives are
those contained in this Agreement, unless they are less favourable to the
employee than those contained in the Foreign Service Directives in which case
the latter applies.
**
40.02 Agreements concluded by the National
Joint Council of the public service on items which may be included in a
collective agreement, and which the parties to this Agreement have endorsed
after December 6, 1978, and as amended from time to time, will form part of this Agreement, subject to the Public Service Labour Relations Act (PSLRA) and any legislation by
Parliament that has been or may be, as the case may be, established pursuant to
any Act specified section 113 of the PSLRA.
40.03 The NJC items which may be included
in a collective agreement are those items which parties to the NJC agreement
have designated as such or upon which the Chairman of the Public Service Labour
Relations Board has made a ruling pursuant to clause (c) of the NJC Memorandum
of Understanding which became effective December 6, 1978, as amended from time
to time.
40.04 Upon request of an employee, the
Employer shall make available at a mutually satisfactory time National Joint
Council agreements which form part of this Collective Agreement and which have
a direct bearing on the requesting employee's terms and conditions of
employment.
**
40.05
- The
following directives, as amended from time to time by National Joint Council
recommendation and which have been approved by the Treasury Board of Canada,
form part of this Agreement:
- During
the term of this Agreement, other directives may be added to the above noted
list.
40.06 Grievances
in regard to the above directives shall be filed in accordance with clause 10.01
of the Article on grievance procedure in this Agreement.
41.01 There shall be no discrimination,
interference, restriction, coercion, harassment, intimidation, or any
disciplinary action exercised or practised with respect to an employee by
reason of age, race, creed, colour, national or ethnic origin, religious
affiliation, sex, sexual orientation, family status, marital status, mental or
physical disability, conviction for which a pardon has been granted or
membership or activity in the Association.
41.02
- Any
level in the grievance procedure shall be waived if a person hearing the
grievance is the subject of the complaint.
- If
by reason of paragraph (a) a level in the grievance procedure is waived, no
other level shall be waived except by mutual agreement.
41.03 By mutual agreement, the parties may
use a mediator in an attempt to settle a grievance dealing with discrimination.
The selection of the mediator will be by mutual agreement.
42.01 The Association and the Employer
recognize the right of employees to work in an environment free from sexual
harassment and agree that sexual harassment will not be tolerated in the work
place.
42.02
- Any
level in the grievance procedure shall be waived if a person hearing the
grievance is the subject of the complaint.
- If
by reason of paragraph (a) a level in the grievance procedure is waived, no
other level shall be waived except by mutual agreement.
42.03 By mutual agreement, the parties may
use a mediator in an attempt to settle a grievance dealing with sexual
harassment. The selection of the mediator will be by mutual agreement.
43.01 The Employer shall reimburse an
employee for his payment of membership or other fees to a professional
organization or organizations when the payment of such fees is necessary to
maintain a professional qualification required by the Employer for the
performance of any duties and/or responsibilities assigned.
44.01 Subject to the willingness and
capacity of individual employees to accept relocation and retraining, the
Employer will make every reasonable effort to ensure that any reduction in the
work force will be accomplished through attrition.
45.01 If employees are prevented from
performing their duties because of a strike or lock-out on the premises of another
employer, the employees shall report the matter to the Employer, and the
Employer will make reasonable efforts to ensure that such employees are
employed elsewhere, so that they shall receive their regular pay and benefits
to which they would normally be entitled.
46.01 Except as provided in this Article,
the existing terms and conditions governing the application of pay to
employees, where applicable, are not affected by this Agreement.
46.02 An employee is entitled to be paid,
for services rendered, within the pay range specified in Appendix "A"
for the level prescribed in his certificate of appointment issued by or under
the authority of the Public Service Commission.
46.03 Pay Ranges
- The rates
of pay set forth in Appendix "A" shall become effective on the dates
specified.
- Where
the rates of pay set forth in Appendix "A" have an effective date
prior to the date of signing of this Agreement, the following shall apply:
- "retroactive
period" for the purpose of subparagraphs (ii) to (v) means the period from
the effective date of the revision up to and including the day before the
collective agreement is signed or when an arbitral award is rendered therefor;
- a retroactive upward revision in rates of
pay shall apply to employees, former employees or in the case of death, the
estates of former employees who were employees in the group during the
retroactive period;
- for initial appointments made during the
retroactive period, the rate of pay selected in the revised rates of pay is the
rate which is shown immediately below the rate of pay being received prior to
the revision;
- for promotions,
demotions, deployments, transfers or acting situations effective during the
retroactive period, the rate of pay shall be recalculated, in accordance with
the Public Service Terms and Conditions of Employment Regulations, using the
revised rates of pay. If the recalculated rate of pay is less than the rate of
pay the employee was previously receiving, the revised rate of pay shall be the
rate, which is nearest to, but not less than the rate of pay being received
prior to the revision. However, where the recalculated rate is at a lower step
in the range, the new rate shall be the rate of pay shown immediately below the
rate of pay being received prior to the revision;
- no payment or no
notification shall be made pursuant to paragraph 46.03(b) for one dollar
($1.00) or less.
46.04 Acting Pay
An employee who is required by the
Employer to substantially perform and performs the duties of a position which
is classified at a higher classification level on an acting basis for a period
of three (3) consecutive working days shall be paid acting pay calculated from
the date on which he commenced to act as if he had been appointed to that
higher classification level for the period he acts.
When an acting
assignment is in an Executive (EX) position, the employee is excluded from the
application of Article 14 (Overtime) for the period where the employee
is subject to the Performance Management Program for Executives. For greater
certainty, an employee receiving payments
provided under Article 14 (Overtime), shall not be subject
to the Performance Management Program for Executives for the same time period.
When a day designated as a paid holiday occurs during the
qualifying period, the holiday shall be considered as a day worked for the
purpose of the qualifying period.
46.05 No Additional Payments
An employee receiving
payments provided under Article 14 (Overtime), Article 15 (Call Back), Article 16
(Standby), Article 17 (Designated Paid Holidays) shall
not receive more than one compensation for the same service.
46.06 If, during the term of this
Agreement, a new classification standard for a group is established and
implemented by the Employer, the Employer shall, before applying rates of pay
to new levels resulting from the application of the standard, negotiate with
the Association the rates of pay and the rules affecting the pay of employees
on their movement to the new levels.
**
46.07 Statement of Duties
Upon a written request,
an employee shall be entitled to an official statement of the duties and
responsibilities of the position to which the employee is assigned, including
the position's classification level and where applicable, the point rating
allotted by factor to the position, and an organization chart depicting
the position's place in the organization.
**
46.08 Overpayment
Where an employee, through no fault of his or her own, has
been overpaid, the appropriate pay office will, before recovery action is
implemented, advise the employee of the intention to recover the overpayment.
Where the amount of overpayment is in excess of fifty dollars ($50.00), and
where the employee advises his or her local management that the stated recovery
action will create a hardship, arrangements will be made by the employer with
the appropriate pay office to limit recovery action to not more than ten per
cent (10%) of the employee's pay each pay period until the entire amount is
recovered.
47.01 This Agreement may be amended by
mutual consent.
**
48.01 The duration of this Agreement shall
be from the date it is signed to June 30, 2011.
48.02 Unless otherwise expressly
stipulated, this Agreement shall become effective on the date it is signed.
**
48.03 The Employer will make every reasonable effort to implement the provisions
of this Collective Agreement within a period of ninety (90) days from the date
of signing.
49.01 The Employer shall make every
reasonable effort to accommodate an employee who requests time off to fulfill
his or her religious obligations.
49.02 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.
49.03 Notwithstanding clause 49.02, 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.
49.04 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.
**
50.01 Up to three decimal seven five (3.75)
hours with pay will be granted to pregnant employees for the purpose of attending
routine medical appointments.
50.02 Where a series of continuing
appointments are necessary for the treatment of a particular condition relating
to the pregnancy, absences shall be charged to sick leave.
51.01 An employee who is pregnant or
nursing may, during the period from the beginning of pregnancy to the end of
the twenty-fourth (24th) week following the birth, request the Employer to
modify her job functions or reassign her to another job if, by reason of the
pregnancy or nursing, continuing any of her current functions may pose a risk
to her health or that of the foetus or child.
51.02 An employee's request under clause 51.01
must be accompanied or followed as soon as possible by a medical certificate
indicating the expected duration of the potential risk and the activities or
conditions to avoid in order to eliminate the risk. Dependent upon the
particular circumstances of the request, the Employer may obtain an independent
medical opinion.
51.03 An employee who has made a request
under clause 51.01 is entitled to continue in her current job while the
Employer examines her request, but, if the risk posed by continuing any of her
job functions so requires, she is entitled to be immediately assigned
alternative duties until such time as the Employer:
- modifies her job functions or reassigns her,
or
- informs her in writing that it
is not reasonably practicable to modify her job functions or reassign her.
51.04 Where reasonably practicable, the Employer
shall modify the employee's job functions or reassign her.
51.05 Where the Employer concludes that a
modification of job functions or a reassignment that would avoid the activities
or conditions indicated in the medical certificate is not reasonably
practicable, the Employer shall so inform the employee in writing and shall
grant leave of absence without pay to the employee for the duration of the risk
as indicated in the medical certificate. However, such leave shall end no later
than twenty-four (24) weeks after the birth.
51.06 An employee whose job functions
have been modified, who has been reassigned or who is on leave of absence shall
give at least two (2) weeks notice in writing to the Employer of any change in
duration of the risk or the inability as indicated in the medical certificate,
except if there is a valid reason why that notice cannot be given. Such notice
must be accompanied by a new medical certificate.
Signed at Ottawa this 25th day of the
month of January 2010.
The Treasury Board of Canada
Hélène Laurendeau
Kevin Marchand
Shairoz Moledina
Laudalina Santos
Sharon Chomyn
Barbara Diener
Claude Houde
Dominique Nadeau
The Professional Association of Foreign Service Officers
Pamela Isfeld
John Bonar
Robert Brookfield
Ron Cochrane
Claudine Pyke
FS - Foreign Service Group
Annual Rates of Pay
(in dollars)
Table Legend
- $) Effective July 1, 2006
- A) Effective July 1, 2007
- B) Effective July 1, 2008
- C) Effective July 1, 2009
- D) Effective July 1, 2010
FS-1
/ FSDP - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
$) July 1, 2006 |
54271 |
56442 |
58700 |
A) July 1, 2007 |
55519 |
57740 |
60050 |
B) July 1, 2008 |
56352 |
58606 |
60951 |
C) July 1, 2009 |
57197 |
59485 |
61865 |
D) July 1, 2010 |
58055 |
60377 |
62793 |
FS-2
- Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
$) July 1, 2006 |
61047 |
63490 |
66028 |
68669 |
71416 |
74273 |
77244 |
A) July 1, 2007 |
62451 |
64950 |
67547 |
70248 |
73059 |
75981 |
79021 |
B) July 1, 2008 |
63388 |
65924 |
68560 |
71302 |
74155 |
77121 |
80206 |
C) July 1, 2009 |
64339 |
66913 |
69588 |
72372 |
75267 |
78278 |
81409 |
D) July 1, 2010 |
65304 |
67917 |
70632 |
73458 |
76396 |
79452 |
82630 |
FS-3
- Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
Step 8 |
Step 9 |
$) July 1, 2006 |
71056 |
73898 |
76853 |
79927 |
83125 |
86450 |
89908 |
93504 |
97245 |
A) July 1, 2007 |
72690 |
75598 |
78621 |
81765 |
85037 |
88438 |
91976 |
95655 |
99482 |
B) July 1, 2008 |
73780 |
76732 |
79800 |
82991 |
86313 |
89765 |
93356 |
97090 |
100974 |
C) July 1, 2009 |
74887 |
77883 |
80997 |
84236 |
87608 |
91111 |
94756 |
98546 |
102489 |
D) July 1, 2010 |
76010 |
79051 |
82212 |
85500 |
88922 |
92478 |
96177 |
100024 |
104026 |
FS-4
- Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
$) July 1, 2006 |
89908 |
93504 |
97245 |
101135 |
105178 |
A) July 1, 2007 |
91976 |
95655 |
99482 |
103461 |
107597 |
B) July 1, 2008 |
93356 |
97090 |
100974 |
105013 |
109211 |
C) July 1, 2009 |
94756 |
98546 |
102489 |
106588 |
110849 |
D) July 1, 2010 |
96177 |
100024 |
104026 |
108187 |
112512 |
Pay Notes
1. Economic
Increases
Effective
July 1, 2007, July 1, 2008, and July 1, 2009, revisions to rates of pay shall
be administered in accordance with article 46.03.
2. Economic
Increase
Effective
July 1, 2010, an employee's new rate of pay shall be the rate of pay shown
immediately below the employee's rate of pay in the C line.
3. Pay
Increments
- Effective
August 1 of each year, a full-time employee shall receive an in-range pay
increment provided they have received pay for at least six (6) full months in
the previous 12 months.
- Employees
hired through a foreign service developmental program
shall receive an in-range pay increase at month 12 and 24 of continuous service
from date of entry into the program, provided they have met the competencies
specified in the FSDP. Continuous service is reduced by any period of leave
without pay in excess of three (3) months.
4. Foreign
Service Development Program (FSDP)
Following
the revision to the duration of the FSDP program, participants of the FSDP
program who have successfully completed the thirty-six (36) months assessment
of the program on July 1, 2005, will be deemed to have successfully completed
the Program.
5. Transitional
Measure
As a
transitional measure, FSDP participants hired prior to January 1, 2003, upon
successful completion of the FSDP program, will be promoted to the FS-2 level.
The substantive FS-02 employee will be eligible for an individual merit
assessment for promotion to the FS-3 level twelve months after the employee has
reached the maximum rate of pay in the FS-2 structure.
The
provisions of the transitional measure cease to exist for employees who leave
the FSDP program after April 7, 2005, even if they subsequently return to the
program.