ARCHIVED - Ship Repair (All Chargehand and Production Supervisor Employees Located on the East Coast) (SRC) (663)

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Article 13
Other Types of Leave With or Without Pay

13.01

1. In respect of any request for leave under this Article, the employee may be required by the Employer to provide satisfactory validation of the circumstances necessitating such requests.
2. A statement, written on or accompanying the leave form, signed by the employee describing the reason for the leave shall normally satisfy the requirements of clause 13.01(a), and may be used by the Employer in considering such leave requests.

13.02 Bereavement Leave With Pay

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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, grandparent, grandchild, father-in-law, mother-in-law, and relative permanently residing in the employee's household or with whom the employee permanently resides.

**

1. When a member of the employee's 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 the employee. In addition, the employee may be granted up to three (3) days' leave with pay for the purpose of travel related to the death.
2. An employee is entitled to one (1) day's bereavement leave with pay for the purpose related to the death of his or her son-in-law, daughter-in-law, brother-in-law or sister-in-law.
3. If, during a period of sick leave, vacation leave or compensatory leave, an employee is bereaved in circumstances under which he or she would have been eligible for bereavement leave with pay under clauses 13.02(a) and 13.02(b), the employee shall be granted bereavement leave with pay and his or her paid leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.
4. 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 than that provided for in clauses 13.02(a) and 13.02(b).

13.03 Court Leave With Pay

The Employer shall grant leave with pay to an employee, other than an employee on leave without pay, or under suspension for the period of time his presence is required during his scheduled hours of work:

1. to be available for jury selection;
2. to serve on a jury;
3. by subpoena or summons to attend as a witness in any proceedings, except one to which an employee is a party, held:
   1. in or under the authority of a court of justice or before a grand jury,
   2. before a court, judge, justice magistrate or coroner,
   3. 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,
   4. 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
   5. 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;
   or
4. to appear on his or her own behalf or, when operational requirements permit, as a witness, before an adjudicator appointed by the Public Service Labour Relations Board.

13.04 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 a claim has been made pursuant to the Government Employees Compensation Act, and a Worker's Compensation authority has notified the Employer that it has certified that the employee is unable to work because of:

1. personal injury accidentally received in the performance of the employee's duties and not caused by the employee's wilful misconduct,
   or
2. an industrial illness arising out of and in the course of the employee's employment;

if the employee agrees to remit to the Receiver General for Canada any amount received by him/her in compensation for loss of pay resulting from or in respect of such injury or illness, 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.

13.05 Maternity Leave without Pay

1. 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.
2. Notwithstanding paragraph (a):
   1. where the employee has not yet proceeded on maternity leave without pay and her newborn child is hospitalized,
      or
   2. 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.
3. The extension described in paragraph (b) shall end not later than fifty-two (52) weeks after the termination date of pregnancy.
4. The Employer may require an employee to submit a medical certificate certifying pregnancy.
5. An employee who has not commenced maternity leave without pay may elect to:
   1. use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates;
   2. use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in Article 12 Sick Leave. For purposes of this subparagraph, the terms "illness" or "injury" used in Article 12 Sick Leave, shall include medical disability related to pregnancy.
6. 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.
7. 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.

13.06 Maternity Allowance

1. 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 paragraphs (c) to (i), provided that she:
   1. has completed six (6) months of continuous employment before the commencement of her maternity leave without pay,
   2. 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
   3. has signed an agreement with the Employer stating that:
      1. 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;
      2. 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;
      3. 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).
2. 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).
3. Maternity allowance payments made in accordance with the SUB Plan will consist of the following:
   1. 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
   2. 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.
4. At the employee's request, the payment referred to in subparagraph 13.06(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 Plan maternity benefits.
5. 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.
6. The weekly rate of pay referred to in paragraph (c) shall be:
   1. for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity leave without pay,
   2. 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.
7. 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.
8. 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.

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9. Where an employee becomes eligible for a pay increment or pay revision that would increase the maternity allowance, the allowance shall be adjusted accordingly.
10. Maternity allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.

13.07 Special Maternity Allowance for Totally Disabled Employees

1. An employee who:
   1. fails to satisfy the eligibility requirement specified in subparagraph 13.06(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 Plan maternity benefits;
      and
   2. has satisfied all of the other eligibility criteria specified in subparagraph 13.06(a), other than those specified in sections (A) and (B) of subparagraph 13.06(a)(iii);
   shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph 13.07(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.
2. An employee shall be paid an allowance under this clause and under clause 13.06 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 Plan maternity benefits for the reasons described in subparagraph 13.07(a)(i).

13.08 Parental Leave without Pay

1. 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.
2. 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 (52) week period beginning on the day on which the child comes into the employee's care.
3. 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 periods.
4. Notwithstanding paragraphs (a) and (b):
   1. 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
   2. 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.
5. 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.
6. The Employer may:
   1. defer the commencement of parental leave without pay at the request of the employee;
   2. grant the employee parental leave without pay with less than four (4) weeks' notice;
   3. require an employee to submit a birth certificate or proof of adoption of the child.
7. 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.

13.09 Parental Allowance

1. 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:
   1. has completed six (6) months of continuous employment before the commencement of parental leave without pay,
   2. 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
   3. has signed an agreement with the Employer stating that:
      1. 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;
      2. 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 13.06(a)(iii)(B), if applicable;
      3. 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).
2. 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).
3. Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
   1. 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;
   2. 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;
   3. 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.
4. At the employee's request, the payment referred to in subparagraph 13.09(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 Plan parental benefits.
5. 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.
6. The weekly rate of pay referred to in paragraph (c) shall be:
   1. 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;
   2. 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.
7. 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.
8. 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.

**

9. Where an employee becomes eligible for a pay increment or pay revision that would increase the parental allowance, the allowance shall be adjusted accordingly.
10. Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.

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11. 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.

13.10 Special Parental Allowance for Totally Disabled Employees

1. An employee who:
   1. fails to satisfy the eligibility requirement specified in subparagraph 13.09(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
   2. has satisfied all of the other eligibility criteria specified in subparagraph 13.09(a), other than those specified in sections (A) and (B) of subparagraph 13.09(a)(iii);
   shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in subparagraph 13.10(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.
2. An employee shall be paid an allowance under this clause and under clause 13.09 for a combined period of no more than the number of weeks during which the employee would have been eligible for parental, paternity or adoption benefits under the Employment Insurance or the Québec Parental Insurance Plan, had the employee not been disqualified from Employment Insurance or Québec Parental Insurance Plan benefits for the reasons described in subparagraph 13.10(a)(i).

**

13.11 Leave Without Pay for the Care of Immediate Family

1. Both parties recognize the importance of access to leave for the purpose of care for the immediate family.
2. For the purpose of this article, family is defined as spouse (or common-law partner), children (including foster children or children of legal or common-law partner), parents (including stepparents or foster parents) or any relative permanently residing in the employee's household or with whom the employee permanently resides.
3. Subject to clause 13.11(b), an employee shall be granted leave without pay for the Care of Immediate Family in accordance with the following conditions:
   1. 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;
   2. leave granted under this clause shall be for a minimum period of three (3) weeks;
   3. the total leave granted under this article shall not exceed five (5) years during an employee's total period of employment in the Public Service;
   4. leave granted for a period of one (1) year or less shall be scheduled in a manner which ensures continued service delivery;
   5. notwithstanding clause 13.11(b) and paragraph 13.11(c)(ii) above, an employee who provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) Compassionate Care Benefits may be granted leave for periods of less than three (3) weeks while in receipt of or awaiting these benefits;
   6. leave granted under this clause may exceed the five (5) year maximum provided in paragraph (c) above only for the periods where the employee provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) Compassionate Care Benefits.
4. An employee who has proceeded on leave without pay may change his or her return to work date if such change does not result in additional costs to the Employer.
5. All leave granted under Leave Without Pay for the Long-Term Care of a Parent or under Leave Without Pay for the Care and Nurturing of Pre-School Age Children 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.

13.12 Leave Without Pay for Relocation of Spouse

1. At the request of an employee, leave without pay for a period up to one (1) year shall be granted to an employee whose spouse is permanently relocated and up to five (5) years to an employee whose spouse is temporarily relocated.
2. Leave without pay granted under this clause shall be deducted from the calculation of "continuous employment" for the purpose of calculating severance pay and vacation leave for the employee involved except where the period of such leave is less than three (3) months.

13.13 Leave With Pay for Family-Related Responsibilities

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1. For the purpose of this clause, family is defined as spouse (or common-law partner), children (including children of legal or common-law partner), parents (including stepparents or foster parents), or any relative residing in the employee's household or with whom the employee permanently resides.
2. Leave with pay shall be granted under the following circumstances:
   1. an employee requesting leave under this provision must make every reasonable effort to schedule medical or dental appointments for family members to minimize or preclude the employee's absence from work, and must notify his or her supervisor of the appointment as far in advance as possible. However, when alternate arrangements are not possible an employee shall be granted, subject to urgent work requirements, up to one day of leave for an appointment to take a family member as defined in clause 13.13(a), for a medical or dental appointment when the family member is incapable of attending the appointment by himself/herself, or for appointments with appropriate authorities in schools or adoption agencies;
   2. leave with pay to provide for the immediate and temporary care of a sick family member and to provide an employee with time to make alternate care arrangements where the illness is of a longer duration;
   3. two (2) day's leave with pay for needs directly related to the birth or to the adoption of the employee's child. This leave may be divided into two (2) periods and granted on separate days;
   4. up to five (5) days' marriage leave for the purpose of getting married provided that the employee gives the Employer at least five (5) days' notice.
3. The total leave with pay which may be granted under sub-clause (b)(i), (ii) and (iii) shall not exceed five (5) days in a fiscal year.

13.14 Volunteer Leave

1. 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, one (1) day 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;
2. 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 time as the employee may request.

13.15 Leave With or Without Pay for Other Reasons

1. At its discretion, the Employer may grant leave with or without pay for purposes other than those specified in this Agreement.
2. 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, one (1) day 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 time as the employee may request.

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