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Article 1
Purpose of Agreement

1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the employees and the Institute, to set forth certain terms and conditions of employment relating to remuneration, hours of work, employee benefits and general working conditions affecting employees covered by this Agreement.

1.02 The parties to this Agreement share a desire to improve the quality of the Public Service of Canada, to maintain professional standards and to promote the well-being and increased efficiency of its employees to the end that the people of Canada will be well and effectively served. Accordingly, they are determined to establish within the framework provided by law, an effective working relationship at all levels of the public service in which members of the bargaining units are employed.

Article 2
Interpretation and Definitions

2.01 For the purpose of this Agreement:

"bargaining unit"
means the employees of the Employer in the group described in Article 25, Recognition (« unité de négociation »);
"common-law partner"
means a person living in a conjugal relationship with an employee for a continuous period of at least one year (« conjoint de fait »);
"compensatory leave"
means leave with pay in lieu of cash payment for overtime, work performed on a designated holiday, travelling time compensated at overtime rate and call-back. The duration of such leave will be equal to the time compensated or the minimum time entitlement multiplied by the applicable overtime rate. The rate of pay to which an employee is entitled during such leave shall be based on the employee's hourly rate of pay as calculated from the classification prescribed in the employee's certificate of appointment on the day immediately prior to the day on which leave is taken (« congé compensatoire »);
"continuous employment"
has the same meaning as specified in the public service Terms and Conditions of Employment Regulations on the date of signing of this Agreement (« emploi continu »);
"daily rate of pay"
means an employee's weekly rate of pay divided by five (5) (« taux de rémunération journalier »);
"day of rest"
in relation to an employee means a day, other than a designated paid holiday, on which that employee is not ordinarily required to perform the duties of his position other than by reason of his being on leave (« jour de repos »);
"designated paid holiday"
means the twenty-four (24) hour period commencing at 00:01 hour of a day designated as a holiday in this Agreement (« jour férié désigné payé »);
"double time"
means two (2) times the employee's hourly rate of pay (« tarif double »);
"employee"
means a person so defined by the Public Service Labour Relations Act and who is a member of the bargaining unit (« employé »);
"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 »);
"headquarters area"
has the same meaning as given to the expression in the Travel Directive (« région du lieu d'affectation »);

**

"hourly rate of pay"
means a full-time employee's weekly rate of pay divided by thirty-seven decimal five (37.5) (« taux de rémunération horaire »);
"Institute"
means the Professional Institute of the Public Service of Canada (« Institut »);
"lay-off"
means the termination of an employee's employment because of lack of work or because of the discontinuance of a function (« mise en disponibilité »);
"leave"
means authorized absence from duty (« congé »);
"membership dues"
means the dues established pursuant to the by-laws and regulations of the Institute as the dues payable by its members as a consequence of their membership in the Institute, and shall not include any initiation fee, insurance premium, or special levy (« cotisations syndicales »);
"overtime"
means work required by the Employer, to be performed by the employee in excess of his daily hours of work (« heures supplémentaires »);
"spouse"
will, when required, be interpreted to include "common-law partner" except, for the purposes of the Foreign Service Directives, the definition of "spouse" will remain as specified in Directive 2 of the Foreign Service Directives (époux);
"straight-time rate"
means the employee hourly rate of pay (« tarif normal »);
"time and one-half"
means one and one half (1 1/2) times the employee's hourly rate of pay (« tarif et demi »);
"weekly rate of pay"
means an employee's annual rate of pay divided by 52.176 (« taux de rémunération hebdomadaire »);

2.02 Except as otherwise provided in this Agreement, expressions used in this Agreement,

  1. if defined in the public service Labour Relations Act, have the same meaning as given to them in the public service Labour Relations Act,
    and
  2. 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.

Article 3
Official Texts

3.01 Both the English and French texts of this Agreement shall be official.

Article 4
Application

4.01 The provisions of this Agreement apply to the Institute, employees and the Employer.

4.02 In this Agreement, words importing the masculine gender shall include the feminine gender.

Article 5
Management Rights

5.01 All the functions, rights, powers and authority which the Employer has not specifically abridged, delegated or modified by this Agreement are recognized by the Institute as being retained by the Employer.

Article 6
Rights of Employees

6.01 Nothing in this Agreement shall be construed as an abridgement or restriction of an employee's constitutional rights or of any right expressly conferred in an Act of the Parliament of Canada.

Article 7
Publications and Authorship

Preamble

For the purpose of this article: "Publication" shall include, for example, scientific and professional papers, articles, manuscripts, monographs, audio and visual products and computer software.

7.01 The Employer agrees to continue the present practice of ensuring that employees have ready access to all publications considered necessary to their work by the Employer.

7.02 The Employer agrees that publications prepared by an employee, within the scope of his employment, will be retained on appropriate departmental files for the normal life of such files. The Employer will not unreasonably withhold permission for publication. At the Employer's discretion, recognition of authorship will be given where practicable in departmental publications.

7.03 When an employee acts as a sole or joint author or editor of a publication, the authorship or editorship shall normally be acknowledged on such publication.

7.04

  1. The Employer may suggest revisions to a publication and may withhold approval to publish.
  2. When approval for publication is withheld, the author(s) shall be so informed in writing of the reasons, if requested by the employee.
  3. Where the Employer wishes to make changes in a publication with which the author does not agree, the employee shall not be credited publicly if the employee so requests.

Article 8
Hours of Work and Shift Work

8.01

For the purpose of this article, a week shall consist of seven (7) consecutive days beginning at 00:01 hours Monday and ending at 24:00 hours Sunday. The day is a twenty-four (24) hour period commencing at 00:01 hours.

Clauses 8.02 to 8.07 do not apply to NU employees on shift work

8.02 Hours of work - General

  1. This paragraph does not apply to the DE, MD and NU groups.
    • The scheduled work week shall be thirty-seven decimal five (37.5) hours and the scheduled work day shall be seven decimal five (7.5) consecutive hours, exclusive of a meal period, between the hours of 7:00 a.m. and 6:00 p.m. The normal work week shall be Monday to Friday inclusive.
  2. Subparagraphs (i) to (v) apply to the NU Group only.
    1. For employees engaged in non-shift work, the normal work week shall be thirty-seven decimal five (37.5) hours and the normal work day shall be seven decimal five (7.5) consecutive hours, exclusive of a meal period, between the hours of 7 a.m. and 6 p.m.
    2. When normal hours, other than those provided in subparagraph 8.02(b)(i), are in existence when this Agreement is signed, the Employer, on request, will consult with the Institute on such hours of work and in such consultation establish that such hours are required to meet the needs of the public and/or the efficient operation of the service. Where normal hours are to be changed so that they are different from those specified in paragraph 8.02(b), the Employer, except in cases of emergency, will consult in advance with the Institute on such hours of work and, in such consultation, will establish that such hours are required to meet the needs of the public and/or the efficient operation of the Service.
    3. It is understood that consultation may be held at the local level and will be referred to the appropriate Employer and Institute levels before implementation.
    4. Within five (5) days of notification of consultation served by either party, the Institute shall notify the Employer in writing of the representative authorized to act on behalf of the Institute for consultation purposes.
    5. When operational requirements permit, an employee shall not be scheduled to work in excess of fifty-two decimal five (52.5) hours without at least two (2) consecutive days of rest.
  3. Subparagraphs (i) to (iii) apply to the DE and MD groups only.
    1. The normal hours of work shall average thirty-seven decimal five (37.5) hours per week over each four-week (4) period. Subject to the approval of the Employer, the hours of work shall be arranged to suit an employee's individual duties.
    2. A reconciliation of hours of work will be made by the employee and the immediate supervisor for each four-week (4) period. In computing the hours of work within the period, vacation and other leaves of absence will account for seven decimal five (7.5) hours per day.
    3. Where operational requirements permit, the normal work week shall be Monday through Friday.
  4. This paragraph only applies to ND-DITs in hospitals.
    • The work week of Dieticians, in the ND Group, employed in hospitals may be varied to accommodate local operational requirements provided that such variations are not contrary to the provisions of clause 8.04.

8.03 Flexible hours

This clause does not apply to employees in the MD and DE groups.

Upon the request of an employee and the concurrence of the Employer, an employee may work flexible hours on a daily basis so long as the daily hours amount to seven decimal five (7.5).

8.04 Days of Rest

An employee shall be granted two (2) consecutive days of rest during each seven (7) day period unless operational requirements do not so permit.

8.05 Monthly Attendance Registers

Employees will submit monthly attendance registers; only those hours of overtime and absences need be specified.

8.06 Compressed Work Week

Notwithstanding the provisions of this article, upon request of an employee and the concurrence of the Employer, an employee may complete his weekly hours of employment in a period of other than five (5) full days provided that over a period of twenty-one (21) or a period of twenty-eight (28) calendar days the employee works an average of thirty-seven decimal five (37.5) hours per week. As part of the provisions of this clause, attendance reporting shall be mutually agreed between the employee and the Employer. In every twenty-one (21) day period or 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 work day for him.

Notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in hours shall not result in any additional overtime work or additional payment by reason only of such variation, nor shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the terms of this Agreement.

Implementation of this clause is subject to Article 46, Variations in Hours of Work.

8.07 When operational requirements permit, two (2) rest periods of fifteen (15) minutes each shall be provided during each normal work day.

Clauses 8.08 to 8.25 apply only to NU employees on shift work

8.08 Shift Work - Definitions

  1. "shift schedule" means the arrangement of shifts over a given period of time and includes days of rest and designated paid holidays;
  2. "shift work" means rotation through two (2) or more periods of eight (8) hours or longer where operational requirements necessitate sixteen (16) or twenty-four (24) hours coverage each day or where the requirements of the position would normally necessitate rotation but the employee, with the approval of the Employer, works on permanent evening or night duty.

8.09 Scheduled Work Week and Scheduled Work Day

Hours of work shall be scheduled so that employees, over a minimum period of four (4) weeks work:

    1. an average of thirty-seven decimal five (37.5) hours per week,
      and
    2. an average of five (5) days per week;
  1. seven decimal five (7.5) hours per day;
  2. the commencement and/or end of each shift may be varied by fifteen (15) minutes to provide for the continuity of care and/or an appropriate length of the meal period;
  3. the daily hours of work shall be consecutive and exclusive of meal periods;
    1. notwithstanding subparagraph 8.09(a)(ii) and paragraph 8.09(b), upon the request of a three-quarter majority of the employees affected and with the concurrence of the Employer, hours of work may be modified provided no shift exceeds twelve (12) hours or is less than seven decimal five (7.5) hours;
    2. implementation of subparagraph 8.09(e)(i) is subject to Article 46, Variations in Hours of Work.

8.10

  1. When operational requirements permit, an employee shall receive four (4) days' rest in every two (2) week period and scheduled so that two (2) consecutive days of rest are received at a time. Upon request of an employee and with the concurrence of the Employer, the employee's days of rest may be split.
  2. Employees shall receive one (1) out of two (2) weekends (Saturday and Sunday) off duty, except:
    1. when other scheduling is authorized by mutual agreement,
    2. in Correctional Service Canada, wherever possible, employees shall receive one (1) out of two (2) weekends off duty. However, employees shall be granted one (1) out of three (3) weekends off duty.
  3. An employee may meet with local management to offer scheduling suggestions to provide the maximum number of weekends off duty.

8.11 Where an employee's scheduled shift does not commence and end on the same day, such shift shall be considered for all purposes to have been entirely worked:

  1. on the day it commenced where half (1/2) or more of the hours worked fall on that day,
    or
  2. on the day it terminates where more than half (1/2) of the hours worked fall on that day.

Accordingly, the first (1st) day of rest will be considered to start immediately after midnight of the calendar day on which the employee worked or is considered to have worked his last scheduled shift; and the second (2nd) day of rest will start immediately after midnight of the employee's first (1st) day of rest, or immediately after midnight of an intervening designated paid holiday if days of rest are separated thereby.

8.12 The standard shift cycle will be scheduled as follows:

12 midnight to 8 a.m.
8 a.m. to 4 p.m.
4 p.m. to 12 midnight
or
11:30 p.m. to 7:30 a.m.
7:30 a.m. to 3:30 p.m.
3:30 p.m. to 11:30 p.m.
or
11:00 p.m. to 7:00 a.m.
7:00 a.m. to 3:00 p.m.
3:00 p.m. to 11:00 p.m.

8.13

  1. Where standard shift cycles are to be changed so that they are different from those specified in clause 8.12, the Employer, except in cases of emergency, will consult in advance with the Institute on the timing of such cycles and in such consultation establish that such cycles are required to meet the needs of the public and/or the efficient operation of the service.
  2. It is understood that consultation may be held at the local level and will be referred to the appropriate Employer/Institute levels before implementation.
  3. It is understood by the parties that the provisions of clause 8.12 will not be applicable in respect of employees whose work week is less than thirty-seven decimal five (37.5) hours per week.

8.14 Scheduling of Shifts

The Employer shall set up a shift schedule which shall cover a minimum period of four (4) weeks, posted two (2) weeks in advance, which will cover the normal requirements of the work area.

8.15

  1. The staffing, preparation, posting and administration of shift schedules are the responsibility of the Employer.
  2. When a change in the shift schedule is required, the Employer shall make every reasonable effort to notify employees on leave before they return to work.

8.16 Provided sufficient advance notice is given and with the approval of the Employer, employees may exchange shifts if there is no increase in cost to the Employer.

8.17 Every reasonable effort shall be made by the Employer to consider the wishes of the majority of employees concerned in the arrangements of shifts within a shift schedule. Consideration shall be given to an employee's request for permanent evening or night duty.

8.18 An employee who normally rotates shifts shall be scheduled to work the majority of shifts on day duty whenever possible. For purposes of verification, a period of twelve (12) complete weeks commencing with the start of a shift schedule will be used or such longer period as may be mutually agreeable with the staff concerned.

8.19 There shall be a time period of at least fifteen (15) hours elapsing between changes to scheduled shifts, except in cases of emergency. Upon request of an employee, and with the concurrence of the Employer, the time period elapsing between changes to scheduled shifts may be shorter than fifteen (15) hours.

8.20

  1. An employee who is required to change his scheduled shift without receiving at least seventy-two (72) hours' notice in advance of the starting time of such change in the scheduled shift, shall be paid for the first (1st) shift worked on the revised schedule at the rate of time and one-half (1 1/2). Subsequent shifts worked on the revised schedule shall be paid for at the hourly rate of pay.
  2. In addition, where an employee reports for work without notice of a change in his shift schedule, the employee shall receive four (4) hours' pay at straight-time, should his service not be required.
  3. When a change in the shift schedule is required, the Employer shall make every reasonable effort to personally notify employees on leave before they return to work.

8.21 Notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in hours (subparagraph 8.09(e)(i)) 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.

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

8.23 Where operational requirements permit the meal period will be as close to the middle of the shift as possible and will be taken at a location other than the place of duty.

8.24 When operational requirements permit, two (2) rest periods of fifteen (15) minutes each shall be provided during each normal work day.

8.25 When operational requirements permit, an employee shall not be scheduled to work in excess of fifty-two decimal five (52.5) hours without at least two (2) consecutive days of rest. Upon request of an employee and with the concurrence of the Employer, the employee's days of rest may be split.

Article 9
Overtime

9.01 When an employee is required by the Employer to work overtime the employee shall be compensated as follows:

Paragraphs 9.01(a) and 9.01(b) do not apply to the MD and DE Groups

    1. time and one-half (1 1/2), except as provided for in subparagraph 9.01(a)(ii);
    2. double (2) time for all hours of overtime worked in excess of seven decimal five (7.5) consecutive hours of overtime in any contiguous period, and for all hours worked on the second (2nd) or subsequent day of rest. Second or subsequent day of rest means the second (2nd) or subsequent day in an unbroken series of consecutive and contiguous calendar days of rest;
  1. on a holiday, the employee shall be paid, in addition to the pay that he would have been granted had he not worked on the holiday:
    1. one and one-half (1 1/2) times his hourly rate of pay for the first (1st) seven decimal five (7.5) hours worked;
      and
    2. two (2) times his hourly rate of pay for hours worked in excess of seven decimal five (7.5) hours;
    3. when an employee works on a holiday following a day of rest on which the employee also worked and received overtime in accordance with subparagraph 9.01(a)(ii), the employee shall be paid, in addition to the pay that he would have been granted had he not worked on the holiday, two (2) times his hourly rate of pay for all time worked.
  2. This paragraph applies to the MD and DE Groups only.
    • When an employee is required by the Employer to work overtime, the employee shall be compensated at the rate of one and one-half (1 1/2) times the employee's hourly rate of pay for each hour worked in excess of the normal hours of work for each four-week (4) period.

9.02 All calculations for overtime shall be based on each completed period of fifteen (15) minutes.

9.03 Except in cases of emergency, call-back, stand-by or mutual agreement the Employer shall whenever possible give at least twelve (12) hours' notice of any requirement for the performance of overtime.

9.04 Upon application by the employee and at the discretion of the Employer, compensation earned under this article may be taken in the form of compensatory leave, which will be calculated at the applicable premium rate laid down in this article. Compensatory leave earned in a fiscal year and outstanding on 30 September of the next following fiscal year shall be paid at the employee's daily rate of pay on 30 September.

9.05 When a payment is being made as a result of the application of this article, the Employer will endeavour to make such payment within six (6) weeks following the end of the pay period for which the employee requests payment, or, if payment is required to liquidate compensatory leave outstanding at the expiry of the fiscal year, the Employer will endeavour to make such payment within six (6) weeks of the commencement of the first (1st) pay period after 30 September of the next following fiscal year.

9.06

  1. 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 fifty ($10.50), 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.
  2. When an employee works overtime continuously extending four (4) hours or more beyond the period provided in (a) above, the employee shall be reimbursed for one additional meal in the amount of ten dollars fifty ($10.50) 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.
  3. Paragraphs 9.06(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.

9.07

**

  1. Subject to operational requirements of the service and except in case of emergency, the Employer shall make every reasonable effort to avoid excessive overtime and to allocate overtime work on an equitable basis among readily available employees who are deemed qualified by the Employer.
  2. Provided provisions of paragraph 9.07(a) are met, the Employer endeavours to allocate overtime first to those employees who have indicated a willingness to work overtime.

Article 10
Call-Back

10.01 When an employee is called back to work or when an employee who is on stand-by duty is called back to work by the Employer any time outside his normal working hours the employee shall be entitled to the greater of:

  1. a minimum of three (3) hours' pay at the applicable overtime,
    or
  2. compensation at the applicable overtime rate for each hour worked.

10.02 This clause applies to the NU Group only

With respect to employees of Health Canada in the NU Group at Nursing Stations, Health Centres and Health Stations, when there is no on-duty supervision, call-back calculated in accordance with 10.01 will be paid once in each 3-hour (3) period.

10.03 Upon application by the employee and at the discretion of the Employer, compensation earned under this article may be taken in the form of compensatory leave, which will be calculated at the applicable premium rate laid down in this article. Compensatory leave earned in a fiscal year and outstanding on 30 September of the next following fiscal year shall be paid at the employee's daily rate of pay on 30 September.

10.04 When a payment is being made as a result of the application of this article, the Employer will endeavour to make such payment within six (6) weeks following the end of the pay period for which the employee requests payment, or, if payment is required to liquidate compensatory leave outstanding at the expiry of the fiscal year, the Employer will endeavour to make such payment within six (6) weeks of the commencement of the first (1st) pay period after 30 September of the next following fiscal year.

Clause 10.05 applies to the DE and MD Groups only

10.05 When an employee is called back to work without prior notice at any time outside his normal hours of work, for work not contiguous to his normal hours of work, the employee shall be entitled to the greater of:

  1. Credit for all hours worked for the purpose of:
    1. subparagraph 8.02(c)(i),
      or
    2. paragraph 9.01(c) if the hours worked are in excess of the normal hours of work for the applicable four (4) week period,
    or
  2. A minimum:
    1. credit of four (4) hours of work for the purpose of subparagraph 8.02(c)(i),
      or
    2. four (4) hours pay at the employee's hourly rate of pay if the hours worked are in excess of the normal hours of work for the applicable four (4) week period,

except that either minimum shall only apply once during a single period of eight (8) hours.

Article 11
Standby

11.01 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 the employee has been designated as being on standby duty.

11.02 An employee on standby who is called in to work by the Employer and who reports for work shall be compensated in accordance with those clauses of Article 10, Call-Back, which are applicable to him.

11.03 An employee required to be on standby duty shall be available during his period of standby at a known telecommunication number and be able to return for duty as quickly as possible if called.

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

Article 12
Designated Paid Holidays

12.01 Subject to clause 12.02, the following days shall be designated paid holidays for employees:

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

12.02 An employee absent without pay on both his full working day immediately preceding and his full working day immediately following a designated paid holiday, is not entitled to pay for the holiday, except in the case of an employee who is granted leave without pay under the provisions of Article 30, Leave for Labour Relations Matters.

12.03 Designated Paid Holiday Falling on a Day of Rest

When a day designated as a paid holiday under clause 12.01 coincides with an employee's day of rest, the holiday shall be moved to the employee's first (1st) normal working day following his day of rest.

12.04 When a day designated as a paid holiday for an employee is moved to another day under the provisions of clause 12.03:

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

12.05 Compensation for Work on a Designated Paid Holiday

Paragraph 12.05(a) does not apply to the NU group

  1. Compensation for work on a designated paid holiday will be in accordance with Article 9, Overtime.

Paragraphs 12.05(b) and 12.05(c) apply only to the NU Group

  1. Entitlement
    • On a designated paid holiday, an employee shall be entitled, in addition to the pay he would have been granted had he not worked on the holiday:
        1. one and one-half (1 1/2) times his hourly rate of pay for the first (1st) seven decimal five (7.5) hours worked;
          and
        2. two (2) times his hourly rate of pay for hours worked in excess of seven decimal five (7.5) hours;
        or
      1. when an employee works on a holiday following a day of rest on which the employee also worked and received overtime in accordance with subparagraph 9.01(a)(ii), two (2) times his hourly rate of pay for all time worked.
  2. Compensation
    • The entitlement earned according to 12.05(b) shall be compensated:
        1. in cash;
          or
        2. upon request and with the approval of the Employer, in the form of compensatory leave with pay. Compensatory leave earned in a fiscal year and outstanding on 30 September of the next following fiscal year shall be paid at the employee's daily rate of pay on 30 September;
          or
        3. upon request and with the approval of the Employer, a combination of cash and a lieu day, as follows:
          1. leave with pay (straight-time rate of pay) to be taken at a later date comprising;
            a day (7.5 hours) in lieu of the holiday;
          2. plus, if the employee's normal scheduled daily hours are greater than seven decimal five (7.5) hours, the number of hours equal to the difference between the employee's normal scheduled daily hours and seven decimal five (7.5) hours;
            and
          3. payment in cash for the entitlement not already compensated under 12.05(c)(i)(C)(I).
      1. Subject to operational requirements and adequate advance notice, the Employer shall grant leave with pay mentioned in 12.05(c)(i)(C) at such times as the employee may request.
      2. When in a fiscal year an employee has not been granted all of his leave with pay mentioned in 12.05(c)(i)(C) as requested by him such leave shall be carried over for one (1) year at the employee's request.
      3. In the absence of such request, unused leave with pay shall be paid off at the employee's straight-time rate of pay in effect when the leave with pay was earned.

12.06 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 clause 12.03, the designated paid holiday shall not count as a day of leave.

12.07 Subject to operational requirements, when an employee works both Christmas Day and Boxing Day of the same year, the Employer will endeavour not to schedule the employee for the same days in the following year, provided there is no additional cost to the Employer and unless otherwise requested by the employee.