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17.01 General
In respect to applications for leave made pursuant to this
article, the employee may be required to provide satisfactory validation of the
circumstances necessitating such requests.
17.02 Bereavement Leave With Pay
For the purpose of this clause, immediate family is defined
as father, mother (or alternatively stepfather, stepmother or foster parent),
brother, sister, spouse (including common-law partner resident with the
employee), child (including child of common-law partner), grandchild,
grandparent, stepchild or ward of the employee, father-in-law, mother-in-law,
and any other relative permanently residing in the employee's household or with
whom the employee permanently resides.
- When
a member of the employee's immediate family dies, an employee:
- shall be entitled to a single 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 the employee shall be paid for those days which are not regularly
scheduled days of rest;
- in addition, the employee may be granted
up to three (3) days' leave with pay for the purpose of travel related to the
death.
- An
employee is entitled to up to one (1) day's bereavement leave with pay for the
purpose related to the death of the employee's son-in-law, daughter-in-law,
brother-in-law or sister-in-law.
- 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 a department may, after considering the particular circumstances
involved, grant leave with pay for a period greater or in a manner other than
that provided for in subparagraph 17.02(a)(i) and (b).
- If,
during a period of sick leave or vacation leave, an employee is bereaved in
circumstances under which the employee would have been eligible for bereavement
leave under this clause, the employee shall be granted bereavement leave and
the sick leave or vacation leave credits shall be restored to the extent of any
concurrent bereavement leave granted.
17.03 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 16, Sick Leave. For purposes of this subparagraph, the terms "illness"
or "injury" used in Article 16, Sick Leave , 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.
17.04 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 (i), 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 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 and the
recruitment and retention "terminable allowance" 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 ninety-three
per cent (93%) of her weekly rate of pay and the recruitment and retention "terminable
allowance" and the maternity benefit, less any other monies earned during
this period which may result in a decrease in her maternity benefit 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 17.04(c)(i)
will be estimated and advanced to the employee. Adjustments will be made once the
employee provides proof of receipt of Employment Insurance or the 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 Act or the Québec Parental Insurance Act 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 and the
recruitment and retention "terminable allowance" 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 and the recruitment and retention "terminable allowance" 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.
- Maternity
allowance payments made under the SUB Plan will neither reduce nor increase an
employee's deferred remuneration or severance pay.
17.05 Special Maternity Allowance for
Totally Disabled Employees
- An
employee who:
- fails to satisfy the eligibility
requirement specified in subparagraph 17.04(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 17.04(a), other than those specified in
sections (A) and (B) of subparagraph 17.04(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 recruitment and retention "terminable
allowance" 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 17.04
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 17.05(a)(i).
17.06 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 with 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 expected date of 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.
17.07 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 (i), providing he:
- 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 or 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 17.04(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 Core Public Administration as specified in
the public service Labour Relations Act 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 or her weekly rate of pay and the
recruitment and retention "terminable allowance" for each week of the
waiting period, less any other monies earned during this period;
**
- for each week the employee receives
parental, adoption or paternity benefits under the Employment Insurance or the
Québec Parental Insurance Plan, he or she is eligible to receive the difference
between ninety-three per cent (93%) of his or her weekly rate of pay and the
recruitment and retention "terminable allowance" and the parental,
adoption or paternity benefit, 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,
ninety-three per cent (93%) of her weekly rate of pay and the recruitment and
retention "terminable allowance" for each week, less any other monies
earned during this period.
- At
the employee's request, the payment referred to in subparagraph 17.07(c)(i)
will be estimated and advanced to the employee. Adjustments will be made once
the employee provides proof of receipt of Employment Insurance or the Québec
Parental Insurance 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 Act 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 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 and the
recruitment and retention "terminable allowance" 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 and the recruitment and retention "terminable allowance"
the employee was being paid on that day.
**
- Where
an employee becomes eligible for a pay increment or pay revision that would
increase the parental allowance, the allowance shall be adjusted accordingly.
- Parental
allowance payments made under the SUB Plan will neither reduce nor increase an
employee's deferred remuneration or severance pay.
**
- The
maximum combined, shared 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.
17.08 Special Parental Allowance for Totally
Disabled Employees
- An
employee who:
- fails to satisfy the eligibility
requirement specified in subparagraph 17.07(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 17.07(a), other than those specified in
sections (A) and (B) of subparagraph 17.07(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 recruitment
and retention "terminable allowance", 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 17.07
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 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 17.08(a)(i).
17.09 Leave Without Pay for the Care of Immediate Family
Subject to operational requirements, an employee shall be
granted leave without pay for family-related needs in accordance with the
following conditions:
- For
the purpose of this clause, immediate family is defined as any relative
permanently residing in the employee's household or with whom the employee
permanently resides, and the employee's spouse (or common-law partner resident
with the employee), children (including foster children or children of spouse
or common-law partner) or parents (including stepparents or foster parent).
- Subject
to paragraph (a), up to five (5) years leave without pay during an employee's
total period of employment in the public service may be granted for the
personal long-term care of the employee's family. Leave granted under this
paragraph shall be for a minimum period of three (3) weeks.
- 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 clause for a period of more than three (3) months shall be
deducted from the calculation of continuous employment for the purposes of
calculating severance pay and from the calculation of service for the purposes
of calculating vacation leave.
- Time
spent on such leave shall not be counted for pay increment purposes.
- Leave
granted under Leave Without Pay for the Care and Nurturing of Pre-School Age
Children or under Leave Without Pay for the Long-Term Care of a Parent under
the terms of 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.
- An
employee who has proceeded on leave without pay may change his return to work
date if such change does not result in additional costs to the employer.
17.10 Leave Without Pay for Personal Needs
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 of 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 only once under
each of (a) and (b) of this clause during his total period of employment in the
public service. Leave without pay granted under this clause may not be used in
combination with maternity or parental leave without the consent of the
Employer.
- Leave
granted under (a) of 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.
- Leave
without pay granted under (b) of this clause shall be deducted from the
calculation of "continuous employment" for the purpose of calculating
severance pay and "service" for the purpose of calculating vacation
leave for the employee involved. Time spent on such leave shall not be counted
for pay increment purposes.
17.11 Leave Without Pay for Relocation of
Spouse
- 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 or common-law partner is permanently relocated and up to five (5)
years to an employee whose spouse or common-law partner is temporarily
relocated.
- eave without pay granted under this clause shall be
deducted from the calculation of "continuous employment" for the
purpose of calculating severance pay and "service" for the purpose of
calculating vacation leave for the employee involved except where the period of
such leave is less than three (3) months. Time spent on such leave which is for
a period of more than three (3) months shall not be counted for pay increment
purposes.
17.12 Leave With Pay for Family-Related
Responsibilities
- For
the purpose of this clause, family is defined as any relative permanently
residing in the employee's household or with whom the employee permanently
resides, and the employee's spouse (or common-law partner resident with the
employee), children (including foster children and children of legal or common-law
partner) or parents (including stepparents or foster parents).
- The
Employer shall grant leave with pay under the following circumstances:
- an employee is expected to make every
reasonable effort to schedule medical or dental appointments for family members
to minimize or preclude his absence from work; however, when alternate
arrangements are not possible an employee shall be granted leave for a medical
or dental appointment when the family member is incapable of attending the
appointment by himself or herself, or for appointments with appropriate
authorities in schools or adoption agencies. An employee requesting leave under
this provision must notify his supervisor of the appointment as far in advance
as possible;
- leave with pay to provide for the
immediate and temporary care of a sick or elderly member of the employee's
family and to provide an employee with time to make alternate care arrangements
where the illness is of a longer duration;
- leave with pay for needs directly related
to the birth or to the adoption of the employee's child.
- The
total leave with pay which may be granted under subparagraphs (b)(i), (ii) and
(iii) shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year.
17.13 Court Leave With Pay
Leave with pay shall be given to every employee, other than
an employee already on leave without pay, on education leave, or under
suspension who 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 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 the employee's position;
- before a legislative council, legislative
assembly or house of assembly, or any committee thereof that is authorized by
law to compel the 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.
17.14 Personnel Selection Leave With Pay
Where an employee participates in a personnel selection
process, including the appeal process where applicable, for a position in the
public service, as defined in Schedule I and IV of the Financial Administration Act, the employee is entitled to leave
with pay for the period during which the employee's presence is required for
purposes of the selection process, and for such further period as the Employer
considers reasonable for the employee to travel to and from the place where the
employee's presence is so required. This clause applies equally in respect of
the personnel selection processes related to deployment.
17.15 Injury-on-Duty Leave With Pay
- An employee shall be granted injury-on-duty
leave with pay for such reasonable period as may be determined by the Employer
where it is determined by a Provincial Worker's Compensation Board that the
employee is unable to perform his duties because of:
- personal injury accidentally received in
the performance of the employee's duties and not caused by the employee's
wilful misconduct,
- sickness resulting from the nature of the
employee's employment,
or
- over-exposure to radioactivity or other
hazardous conditions in the course of the employee's employment,
if the employee agrees to pay to the Receiver General of
Canada any amount received by him for loss of wages in settlement of any claim
the employee may have in respect of such injury, sickness or exposure,
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.
- Where
operational requirements permit, the Employer will grant leave with pay to an
employee who is:
- a party to a Provincial Worker's
Compensation Hearing
or
- a witness called by an employee who is
party to a Provincial Worker's Compensation Hearing.
17.16 Examination Leave
Leave with pay to take examinations or defend dissertations
may be granted by the Employer to an employee who is not on education 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
the employee's qualifications.
17.17 Religious Observance
- The
Employer shall make every reasonable effort to accommodate an employee who
requests time off to fulfill his religious obligations.
- Employees
may, in accordance with the provisions of this Agreement, request annual leave,
compensatory leave or leave without pay for other reasons in order to fulfill
their religious obligations.
- Notwithstanding
paragraph 17.17(b), 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 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.
- 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.
17.18 Maternity-related Reassignment or
Leave
- 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.
On being informed of the cessation of current job function, the Employer, with
the written consent of the employee, shall notify the appropriate work place
committee or the health and safety representative.
- An
employee's request under paragraph (a) 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.
- An
employee who has made a request under paragraph (a) 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.
- Where
reasonably practicable, the Employer shall modify the employee's job functions
or reassign her.
- 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.
- 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, unless there is a valid reason why that
notice cannot be given. Such notice must be accompanied by a new medical
certificate.
- Notwithstanding
clause (e), for an employee working:
- in an institution at Correctional Service
Canada where she is in direct and regular contact with offenders, and
- for Health Canada NU-CHNs who are
permanently assigned in nursing stations situated in remote and isolated First
Nations communities (type 1 and 2 according to Health Canada's Community
Workload Increase System (CWIS),
- OP and NU-HOS of Ste-Anne de Bellevue
Hospital who provide direct and regular health care to patients,
- OP and NUs in the Department of National
Defence who provide direct and regular health care to patients,
and, if 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 with pay to the employee for the duration of the risk as indicated in
the medical certificate. However, such leave shall end no later than at the
time the employee proceeds on Maternity Leave Without Pay or the termination
date of the pregnancy, whichever comes first.
17.19 Medical Appointment for Pregnant
Employees
- Up
to three decimal seven five (3.75) hours of reasonable time off with pay will
be granted to pregnant employees for the purpose of attending routine medical
appointments.
- 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.
17.20 Volunteer 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 to work as a volunteer for a charitable or community organization or
activity, other than for activities related to the Government
of Canada Workplace Charitable Campaign;
- The
leave will be scheduled at times convenient both to 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.
17.21 Other Leave With Pay
- At
its discretion, the Employer may grant leave with pay for purposes other than
those specified in this Agreement, including military or civil defence
training, emergencies affecting the community or place of work, and when
circumstances not directly attributable to the employee prevent his reporting
for duty.
- 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 leave at such times as the employee may request.
- Quarantine
Leave
- Where an
employee provides a medical certificate placing him under quarantine, he shall
be granted leave with pay during the quarantine period.
- When an
employee is diagnosed with an illness during the quarantine period,
article 17.21(c) shall cease to apply.
17.22 Other Leave Without
Pay
At its discretion, the Employer may grant leave without pay
for purposes other than those specified in this Agreement, including enrolment
in the Canadian Armed Forces and election to a full-time municipal office.