ARCHIVED - Applied Science and Patent Examination (SP) - Archived

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Article 10
Call-Back

10.01 If an employee is called back to work:

1. on a designated paid holiday which is not the employee's scheduled day of work,
   or
2. on the employee's day of rest,
   or
3. after the employee has completed the employee's work for the day and has left the employee's place of work,
   and returns to work, the employee shall be paid the greater of:
   1. the minimum of three (3) hours' pay at the applicable overtime rate of pay for each call-back to a maximum of eight (8) hours' pay in an eight (8) hour period,
      or
   2. compensation at the applicable rate of overtime compensation for time worked,
   provided that the period worked by the employee is not contiguous to the employee's normal hours of work.

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10.02 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 September 30 of the next following fiscal year shall be paid at the employee's hourly rate of pay on September 30.

10.03 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 September 30 of the next following fiscal year.

10.04 Payments provided under Overtime, Reporting Pay and Standby provisions of this Agreement shall not be pyramided, that is an employee shall not receive more than one (1) compensation for the same service.

Article 11
Standby

11.01 When the Employer requires an employee to be available on standby during off-duty hours the 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 Article 10, Call-Back.

11.03

1. An employee required to be on standby duty shall be available during the period of standby at a known telephone number or other telecommunication link and be able to return for duty as quickly as possible if called.
2. In areas and in circumstances where the Employer deems that electronic communication devices are both practicable and efficient, they will be provided without cost to those employees on standby duty.

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

11.05 A standby duty roster and schedule may be established at locations when, in the opinion of the Employer, it is warranted by operating conditions.

11.06 At the Employer's discretion, compensation for standby may be given by granting equivalent time off in lieu of a cash payment. If such time off cannot be granted within the quarter in which it is earned then cash payment will be made.

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,

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3. Easter Monday; does not apply to MT employees working shift work,

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4. Easter Sunday; applies only to MT employees working shift work,
5. the day fixed by proclamation of the Governor in Council for celebration of the Sovereign's birthday,
6. Canada Day,
7. Labour Day,
8. the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,
9. Remembrance Day,
10. Christmas Day,
11. Boxing Day,
12. 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,
    and
13. one (1) additional day when proclaimed by an Act of Parliament as a national holiday.

12.02 An employee absent without pay on both the employee's full working day immediately preceding and the employee's 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 31, Leave for Labour Relations Matters.

Clauses 12.03 to 12.06 do not apply to MT employees working Shift Work.

Designated Paid Holiday Falling on a Day of Rest

12.03 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 the employee's 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.

Compensation for Work on a Paid Holiday

12.05 Compensation for work on a paid holiday will be in accordance with Article 9.

Designated Paid Holiday Coinciding with a Day of Paid Leave

12.06 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.

Clauses 12.07 through 12.11 apply only to MT employees working shift work.

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12.07 For the purpose of this article "lieu day" means a paid day of leave at another date in lieu of a designated paid holiday. A designated paid holiday shall account for seven decimal five (7.5) hours only for employees subject to clause 8.07.

Lieu Days

12.08

1. An employee who has completed six (6) months of continuous employment shall be credited:
   1. at the beginning of each fiscal year "lieu days" equivalent in number to the number of designated paid holidays in that fiscal year;
      or
   2. at the time the employee becomes subject to clause 8.08, "lieu days" equivalent in number to the number of designated paid holidays remaining in that fiscal year.
2. "Lieu days" shall be taken at times that are agreeable to the Employer and the employee.
3. Any "lieu days" granted in advance of holidays occurring after the date of an employee's separation or after the employee ceases to be subject to clause 8.08 shall be subject to recovery of pay.
4. "Lieu days" earned in a fiscal year and outstanding at the end of the fiscal year shall be paid in cash at the employee's hourly rate of pay as calculated from the classification prescribed for the employee's substantive position on March 31.

Holiday Falling on a Day of Rest

12.09 When a day designated as a paid holiday coincides with a day of rest, the employee shall be granted on another date a lieu day pursuant to clause 12.08 in lieu of the designated paid holiday.

Compensation for Work on a Paid Holiday

12.10 When an employee works on a holiday, the employee shall receive compensation on the basis of:

1. one and one half (1 1/2) times the straight-time hourly rate for the first (1st) shift worked by the employee on the holiday and at the rate of double (2) time thereafter;
2. double (2) time for all hours worked on a holiday which is also the employee's scheduled day of rest.

Work on a Lieu Day

12.11 Subject to paragraph 8.16(a):

When an employee is required to work on a scheduled "lieu day", the employee shall be compensated at the employee's hourly rate of pay for all regular hours worked and the "lieu day" credit shall be reinstated for use at a later date.

Article 13
Travelling Time

13.01 When the Employer requires an employee to travel outside the employee's headquarters area for the purpose of performing duties, the employee shall be compensated in the following manner:

1. on a normal working day on which the employee travels but does not work, the employee shall receive the employee's regular pay for the day;
2. on a normal working day on which the employee travels and works, the employee shall be paid:
   1. the employee's regular pay for the day for a combined period of travel and work not exceeding seven decimal five (7.5) hours,
      and
   2. at the applicable overtime rate for additional travel time in excess of a seven decimal five (7.5) hour period of work and travel, with a maximum payment for such additional travel time not to exceed twelve (12) hours pay at the straight-time rate in any day or fifteen (15) hours pay at the straight-time rate when travelling beyond North America,
3. on a day of rest or on a designated paid holiday, the employee shall be paid at the applicable overtime rate for hours travelled to a maximum of twelve (12) hours pay at the straight-time rate, or fifteen (15) hours pay at the straight-time rate when travelling beyond North America.

13.02 For the purpose of clause 13.01, the travelling time for which an employee shall be compensated is as follows:

1. for travel by public transportation, the time between the scheduled time of departure and the time of arrival at a destination, including the normal travel time to the point of departure, as determined by the Employer;
2. for travel by private means of transportation, the normal time as determined by the Employer, to proceed from the employee's place of residence or work place, as applicable, direct to the destination and, upon return, direct back to the employee's residence or work place;
3. in the event that an alternative time of departure and/or means of travel is requested by the employee, the Employer may authorize such alternative arrangements in which case compensation for travelling time shall not exceed that which would have been payable under the Employer's original determination.

13.03 All calculations for travelling time shall be based on each completed period of fifteen (15) minutes.

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13.04 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 September 30 of the next following fiscal year shall be paid at the employee's hourly rate of pay on September 30.

13.05 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 September 30 of the next following fiscal year.

13.06 This article does not apply to an employee required to perform work in any type of transport in which the employee is travelling. In such circumstances, the employee shall receive pay for actual hours worked in accordance with the appropriate article of this Agreement, Hours of Work, Overtime, Designated Paid Holidays.

13.07 Travelling time shall include time necessarily spent at each stop-over en route provided that such stop-over does not include an overnight stay.

13.08 Compensation under this article shall not be paid for travel time to courses, training sessions, conferences and seminars unless so provided for in the Career Development article.

13.09 Travel Status Leave

1. 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 off for each additional twenty (20) nights that the employee is away from his or her permanent residence to a maximum of eighty (80) nights.
2. 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.
3. This leave with pay is deemed to be compensatory leave and is subject to paragraph 9.06.

The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars.

Article 14
Leave - General

14.01 When the employment of an employee who has been granted more vacation or sick leave with pay than the employee has earned is terminated by death or lay-off, the employee is considered to have earned the amount of leave with pay granted.

14.02 An employee is entitled, once in each fiscal year, to be informed, upon request, of the balance of the employee's vacation or sick leave with pay credits.

14.03 The amount of leave with pay 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.

14.04 An employee shall not be granted two (2) different types of leave with pay in respect of the same period of time.

14.05 An Employee is not entitled to leave with pay during periods the employee is on leave without pay, on educational leave or under suspension.

14.06 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. Time spent on such leave which is for a period of more than three (3) months shall not be counted for pay increment purposes.

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

14.08 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.

14.09

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

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