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15.01 The vacation year shall be from April 1st to March 31st,
inclusive.
Accumulation of Vacation Leave Credits
15.02 An employee shall earn vacation leave credits for each
calendar month during which the employee receives pay for at least seventy-five
(75) hours at the following rate:
- nine decimal three seven five (9.375) hours until the month in which the
employee's eighth (8th) anniversary of service occurs;
- twelve decimal five (12.5) hours commencing with the month in which the employee's
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 commencing with the month
in which the employee's seventeenth (17th) anniversary of service occurs;
- fifteen decimal six two five (15.625) hours commencing with the month in
which the employee's eighteenth (18th) anniversary of service occurs;
- sixteen decimal eight seven five (16.875) hours commencing with the month
in which the employee's twenty-seventh (27th) anniversary of service occurs;
- eighteen decimal seven five (18.75) hours per month commencing with the month
in which the employee's twenty-eighth (28th) anniversary of service occurs.
15.03 For the purpose of clause 15.02 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 (1)
year following the date of lay-off.
**
Entitlement to Vacation Leave With Pay
15.04 An employee is entitled to vacation leave with pay to
the extent of earned credits but an employee who has completed six (6) months of
continuous employment may receive an advance of credits equivalent to the anticipated
credits for the current vacation year.
Provision for Vacation Leave
15.05 In order to maintain operational requirements, the Employer
reserves the right to schedule an employee's vacation leave but shall make every
reasonable effort:
- to provide an employee's vacation leave in an amount and at such time as
the employee may request;
- not to recall an employee to duty after the employee has proceeded on vacation
leave.
15.06 This clause applies to MT employees engaged in shift work
only:
For those MT employees engaged in shift work under clauses 8.08 and 8.15, upon
request of the employee and at the discretion of the Employer, the Employer may
grant an employee vacation leave when specified by the employee if:
- the period of vacation leave requested is less than forty (40) hours and
the employee gives the Employer at least ten (10) days' notice;
- the period of vacation leave requested is forty (40) hours or more, the employee
shall normally give the Employer at least seven (7) days' advance notice prior to
the publishing of the final shift schedule as provided for in paragraph 8.14(b).
Upon request of the employee, the Employer may, for good and sufficient reason,
grant vacation leave on shorter notice than provided for in this clause.
Replacement of Vacation Leave
15.07 Where, in respect of any period of vacation leave, an
employee:
- is granted bereavement leave,
or
- is granted special leave with pay because of illness in the immediate family,
or
- is granted sick leave on production 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.
**
Carry-Over Provision
15.08
- Where in any vacation year all of the vacation leave credits to an employee
has not been scheduled, the employee may carry over into the following vacation
year up to a maximum of two hundred and sixty-two decimal five (262.5) hours credit.
All vacation leave credits in excess of two hundred and sixty-two decimal five (262.5)
hours will be paid in cash at the employee's hourly rate of pay as calculated from
the classification prescribed in the employee's certificate of appointment of the
employee's 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 in excess of one hundred
and twelve decimal five (112.5) hours may be paid in cash at the employee's hourly
rate of pay as calculated from the classification prescribed in the employee's certificate
of appointment of the employee's substantive position on March 31st, of the previous
vacation year.
Recall From Vacation Leave
15.09 Where, during any period of vacation leave, an employee
is recalled to duty, the employee shall be reimbursed for reasonable expenses, as
normally defined by the Employer, incurred:
- in proceeding to the employee's place of duty,
and
- in returning to the place from which the employee was recalled if the employee
immediately resumes vacation upon completing the assignment for which the employee
was recalled, after submitting such accounts as are normally required by the Employer.
15.10 The employee shall not be considered as being on vacation
leave during any period in respect of which the employee is entitled under clause
15.09 to be reimbursed for reasonable expenses incurred by the employee.
**
Cancellation or Alteration of Vacation Leave
15.11 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 the employee 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 and will provide proof of such action, when
available, to the Employer.
Advance Payments
15.12 The Employer agrees to issue advance payments of estimated
net salary for vacation periods of two (2) or more complete weeks, providing a written
request for such advance payment is received from the employee at least six (6)
weeks prior to the last pay before the employee's vacation period commences, and
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 departure.
Any overpayment in respect of such pay advances shall be an immediate first charge
against any subsequent pay entitlement and shall be recovered in full prior to any
further payment of salary.
Leave When Employment Terminates
15.13 When an employee dies or otherwise ceases to be employed,
the employee or the employee's estate shall be paid an amount equal to the product
obtained by multiplying the number of days of earned but unused vacation leave with
pay by the daily rate of pay as calculated from the classification prescribed in
the certificate of appointment on the date of the termination of employment.
Vacation Leave Credits for Severance Pay
15.14 Where the employee requests, the Employer shall grant
the employee 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.
Abandonment
15.15 Notwithstanding clause 15.13, an employee whose employment
is terminated by reason of a declaration that the employee abandoned the employee's
position is entitled to receive the payment referred to in clause 15.13 if the employee
requests it within six (6) months following the date upon which the employee's employment
is terminated.
Recovery on Termination
15.16 In the event of the termination of employment for reasons
other than death or lay-off the Employer shall recover from any monies owed the
employee, an amount equivalent to unearned vacation leave taken by the employee,
calculated on the basis of the rate of pay applicable to the classification of the
employee's substantive position on the date of termination.
15.17 Appointment to a Separate Agency
Notwithstanding clause 15.13, an employee who resigns to accept an appointment
with an organization listed 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.
15.18 Appointment from a Separate Agency
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.
**
15.19
- 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
15.03.
- Transitional Provisions
- Effective on July 9, 2009, employees with more than two (2) years of service,
as defined in clause 15.03, 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 paragraph 15.19(a) and (b) above shall
be excluded from the application of clause 15.08 dealing with the Carry-over of
Vacation Leave.
Credits
16.01
- 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 the employee receives
pay for at least seventy-five (75) hours.
- A shift worker shall earn additional sick leave credits at the rate of one
decimal two five (1.25) hours for each calendar month during which he works shifts
and receives pay for at least seventy-five (75) hours. Such credits shall not be
carried over in the next fiscal year and are available only if the employee has
already used one hundred and twelve decimal five (112.5) hours sick leave credits
during the current fiscal year.
16.02 An employee shall be granted sick leave with pay when
the employee is unable to perform the employee's duties because of illness or injury
provided that:
- the employee satisfies the Employer of this condition in such a manner and
at such a time as may be determined by the Employer,
and
- the employee has the necessary sick leave credits.
16.03 Unless otherwise informed by the Employer, a statement
signed by the employee stating that because of illness or injury the employee was
unable to perform the employee's duties shall, when delivered to the Employer, be
considered as meeting the requirements of paragraph 16.02(a).
16.04 An employee shall not be granted sick leave with pay during
any period in which the employee is on leave of absence without pay, or under suspension.
16.05 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 the employee was not granted sick
leave with pay.
16.06 Where an employee has insufficient or no credits to cover
the granting of sick leave with pay under the provision of clause 16.02, sick leave
with pay may, at the discretion of the Employer, be granted to an employee for a
period of up to twenty-five (25) days, 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.
16.07 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 is reappointed in the
public service within two (2) years from the date of lay-off.
16.08 An employee shall not be terminated for cause for reason
of incapacity pursuant to paragraph 12(l)(e) of the Financial Administration
Act at a date earlier than the date at which the employee will have used 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 clause
17.16.
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), child (including child of common-law partner), stepchild
or ward of the employee, father-in-law, mother-in-law, grandchild, grandparent and
relative permanently residing in the employee's household or with whom the employee
permanently resides.
**
- When a member of the 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, the employee shall be paid for
those days which are not regularly scheduled days of rest for that employee;
- in addition, the employee may be granted up to three (3) days' leave
with pay, contiguous to the leave period provided in (a)(i) above, 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 paragraph 17.02(b).
- If, during a period of paid 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 employee's paid
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 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 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 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 while
in receipt of 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 17.05(a)(i), the difference between
ninety-three per cent (93%) of her weekly rate of pay and 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 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 date 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.
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 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 the 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 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/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 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 while
in receipt of 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 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 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 17.08(a)(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
the Employment Insurance or the Québec Parental Insurance Plan, had the employee
not been disqualified from Employment Insurance or Québec Parental Insurance benefits
for the reasons described in subparagraph 17.08(a)(i).