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Part IV: Leave Provisions
37.01
**
- When an employee becomes subject to this
Agreement, his or her earned daily leave credits shall be converted into hours.
When an employee ceases to be subject to this Agreement, his or her earned hourly
leave credits shall be reconverted into days, with one (1) day being equal to seven
decimal five (7.5) hours.
**
- Earned leave credits or other leave entitlements
shall be equal to seven decimal five (7.5) hours per day.
- When leave is granted, it will be granted
on an hourly basis and the number of hours debited for each day of leave shall be
equal to the number of hours of work scheduled for the employee for the day in question.
- Notwithstanding the above, in the Article
51, Bereavement Leave With Pay, a "day" will mean a calendar day.
37.02
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.
37.03
An employee is entitled, once in each fiscal year, to be informed upon request,
of the balance of his or her vacation and sick leave credits.
37.04
The amount of leave with pay earned but unused 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.
37.05
An employee shall not be granted two (2) different types of leave with pay or monetary
remuneration in lieu of leave in respect of the same period of time.
37.06
An employee who, on the day that this Agreement is signed, is entitled to receive
furlough leave, that is, five (5) weeks' leave with pay upon completing twenty (20)
years of continuous employment, retains his or her entitlement to furlough leave
subject to the conditions respecting the granting of such leave that are in force
on the day that this Agreement is signed.
37.07
An employee is not entitled to leave with pay during periods he or she is on leave
without pay or under suspension.
37.08
In the event of termination of employment for reasons other than incapacity, death
or layoff, the Employer shall recover from any monies owed the employee an amount
equivalent to unearned vacation and sick leave taken by the employee, as calculated
from the classification prescribed in the employee's certificate of appointment
on the date of the termination of the employee's employment.
37.09
An employee shall not earn leave credits under this Agreement in any month for which
leave has already been credited to him or her under the terms of any other collective
agreement to which the Employer is a party or under other rules or regulations of
the Employer.
37.10
When an employee who is in receipt of a special duty allowance or an extra duty
allowance is granted leave with pay, the employee is entitled during the employee's
period of leave to receive the allowance if the special or extra duties in respect
of which the employee is paid the allowance were assigned to the employee on a continuing
basis, or for a period of two (2) or more months prior to the period of leave.
38.01 The vacation year shall
be from April 1 to March 31 of the following calendar year, inclusive.
Accumulation
of Vacation Leave Credits
38.02 An employee shall earn
vacation leave credits at the following rate for each calendar month during which
the employee receives pay for at least seventy-five (75) hours:
- nine decimal three seven five (9.375) hours until the month in which the anniversary
of the employee's eighth (8th) year 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 the
employee's sixteenth (16th) anniversary of service occurs;
- fourteen decimal four (14.4) 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 commencing with the month in which the
employee's twenty-eighth (28th) anniversary of service occurs;
- For the purpose of this clause 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 layoff
and is reappointed to the public service within one (1) year following the date
of layoff.
- Notwithstanding 38.02(h) above, an employee
who was a member of one of the following bargaining units on the date of the signing
of their collective agreement as shown below:
Bargaining Unit |
Date of Signing |
EG |
May 17, 1989 |
DD, GT, PI, PY, TI |
May 19, 1989 |
or an employee who became
a member of the bargaining unit between the dates shown above and May 31, 1990 shall
retain, for the purpose of "service" and of establishing his or her vacation
entitlement pursuant to this Article, those periods of former service which had
previously qualified for counting as continuous employment, until such time as his
or her employment in the public service is terminated.
Entitlement to Vacation Leave With Pay
**
38.03 An employee is entitled
to vacation leave with pay to the extent of the employee's 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.
Scheduling of Vacation Leave With Pay
38.04 In scheduling vacation
leave with pay to an employee, the Employer shall, subject to the operational requirements
of the service, make every reasonable effort:
- to grant the employee his or her vacation leave during the fiscal year in which
it is earned, if so requested by the employee not later than June 1;
- to comply with any request made by an employee before January 31 that the employee
be permitted to use in the following fiscal year any period of vacation leave of
four (4) days or more earned by the employee in the current year;
- to ensure that approval of an employee's request for vacation leave is not unreasonably
denied;
- to schedule vacation leave on an equitable basis and when there is no conflict with
the interests of the Employer or the other employees, according to the wishes of
the employee.
**
38.05 The Employer shall give
an employee as much notice as is practicable and reasonable of approval, denial,
alteration or cancellation of a request for vacation or furlough leave. In the case
of denial, alteration or cancellation of such leave, the Employer shall give the
written reason therefor, upon written request from the employee.
38.06 Where, in respect of any
period of vacation leave, an employee is granted:
- bereavement leave with pay,
or
- leave with pay because of illness in the immediate family,
or
- 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.
38.07 Carry-Over
and/or Liquidation of Vacation Leave
- Where in any vacation year, an employee has
not been granted all of the vacation leave credited to him or her, the unused portion
of his or her vacation leave up to a maximum of two hundred and sixty-two decimal
five (262.5) hours credits shall be carried over into the following vacation year.
All vacation leave credits in excess of two hundred and sixty-two decimal five (262.5)
hours shall be automatically paid in cash at his or her daily rate of pay as calculated
from the classification prescribed in his or her certificate of appointment of his
or her substantive position on the last day of the vacation year.
-
- Notwithstanding
paragraph (a), if on November 19, 2001 or on the date an employee becomes subject
to this Agreement, he or she has more than two hundred and sixty-two decimal five
(262.5) hours of unused vacation
leave credits earned during previous years, this number of unused vacation leave
credits shall become the employee's accumulated leave maximum.
- Unused
vacation leave credits equivalent to the employee's accumulated leave maximum shall
be carried over into the following vacation year.
- Unused
vacation leave credits in excess of the employee's accumulated leave maximum shall
be automatically paid in cash at his or her daily rate of pay as calculated from
the classification prescribed in his or her certificate of appointment of his or
her substantive position on the last day of the vacation year.
- The employee's accumulated leave maximum
shall be reduced irrevocably by the number of vacation leave credits liquidated
in excess of the employee's annual vacation leave entitlement during the vacation
year.
- Notwithstanding (b)(iii), where the Employer
cancels a period of vacation leave which has been previously approved in writing,
and which cannot be rescheduled before the end of the vacation year, the cancelled
leave may be carried over into the next vacation year.
Recall from Vacation Leave With Pay
38.08
- The Employer will make every reasonable effort not to recall an employee to duty
after the employee has proceeded on vacation leave with pay.
- Where, during any period of vacation leave or furlough leave with pay an employee
is recalled to duty, the employee shall be reimbursed for reasonable expenses, as
normally defined by the Employer, that the employee incurs:
- 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.
- The employee shall not be considered as being on vacation leave during any period
in respect of which the employee is entitled under paragraph 38.08(b) to be reimbursed
for reasonable expenses incurred by the employee.
Leave When Employment Terminates
38.09 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 and furlough leave with pay to the employee's credit
by the daily rate of pay as calculated from the classification prescribed in the
employee's certificate of appointment on the date of the termination of the employee's
employment, except that the Employer shall grant the employee any vacation and furlough
leave earned but not used by the employee before the employment is terminated by
layoff if the employee so requests because of a requirement to meet minimum continuous
employment requirements for severance pay.
**
38.10 Notwithstanding clause
38.09, an employee whose employment is terminated for cause pursuant to paragraph
12(1)(e) of the Financial Administration Act
by reason of a declaration that he or she abandoned his or her position is entitled
to receive the payment referred to in clause 38.09, if he or she requests it within
six (6) months following the date upon which his or her employment is terminated.
Advance Payments
38.11 The Employer agrees to
issue advance payments of estimated net salary for vacation periods of two (2) or
more complete weeks, provided a written request for such advance payment is received
from the employee at least six (6) weeks prior to the last pay day before the employee's
vacation period commences.
Provided
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 entitlements and shall be recovered in full prior to any further payment of
salary.
**
Cancellation or Alteration of Vacation Leave
38.12 When the Employer cancels
or alters a period of vacation or furlough 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 to the Employer.
38.13 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 daily rate of pay as calculated from
the classification prescribed in the certificate of appointment of the employee's
substantive position on March 31 of the previous vacation year.
**
38.14
Appointment to a Separate Agency
Notwithstanding clause 38.09, 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 and furlough leave credits, provided that the
appointing organization will accept such credits.
**
38.15
Appointment from a Separate Agency
The Employer agrees to accept the unused vacation
and furlough 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.
**
38.16
- 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 paragraph 38.02(h).
- The vacation leave credits provided in paragraph 38.16(a) above shall be excluded
from the application of clause 38.07 dealing with the Carry-Over and/or Liquidation
of Vacation Leave.
Credits
39.01
- 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 or she works shifts
and he or she 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 of sick leave
credits during the current fiscal year.
Granting of Sick Leave
39.02 An employee shall be granted
sick leave with pay when he or she is unable to perform his or her duties because
of illness or injury provided that:
- he or she satisfies the Employer of this condition in such manner and at such time
as may be determined by the Employer,
and
- he or she has the necessary sick leave credits.
39.03 Unless otherwise informed
by the Employer, a statement signed by the employee stating that because of illness
or injury he or she was unable to perform his or her duties, shall, when delivered
to the Employer, be considered as meeting the requirements of paragraph 39.02(a).
39.04 When an employee has insufficient
or no credits to cover the granting of sick leave with pay under the provisions
of clause 39.02, sick leave with pay may, at the discretion of the Employer, be
granted to an employee for a period of up to one hundred and eighty-seven decimal
five (187.5) hours, subject to the deduction of such advanced leave from any sick
leave credits subsequently earned.
39.05 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.
39.06 Where, in respect of any
period of compensatory leave, an employee is granted sick leave with pay on production
of a medical certificate, the period of compensatory leave so displaced shall either
be added to the compensatory leave period if requested by the employee and approved
by the Employer or reinstated for use at a later date.
39.07 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 layoff
and who is reappointed in the public service within two (2) years from the date
of layoff.
**
39.08 The Employer agrees that
an employee shall not be terminated for cause for reasons of incapacity pursuant
to paragraph 12(1)(e) of the Financial Administration
Act at a date earlier than the date at which the employee will have utilized
his or her 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 Article 41.
40.01
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.
40.02
Where a series of continuing appointments is necessary for the treatment of a particular
condition relating to the pregnancy, absences shall be charged to sick leave.
41.01 An employee shall be granted
injury-on-duty leave with pay for such period as may be reasonably determined by
the Employer when a claim has been made pursuant to the Government Employees Compensation Act, and a Workers' Compensation
authority has notified the Employer that it has certified that the employee is unable
to work because of:
- personal injury accidentally received in
the performance of his or her duties and not caused by the employee's willful misconduct,
or
- an industrial illness or a disease arising
out of and in the course of the employee's employment,
if the
employee agrees to remit to the Receiver General of Canada any amount received by
him or her in compensation for loss of pay resulting from or in respect of such
injury, illness or disease 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.
42.01 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 while 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 while
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 39, Sick Leave With Pay. For purposes
of this subparagraph, the terms "illness" or "injury" used in
Article 39, Sick Leave With Pay, shall include medical disability related to pregnancy.
- An employee shall inform the Employer in writing
of her plans to take leave with and without pay to cover her absence from work due
to the pregnancy at least four (4) weeks before the initial date of continuous leave
of absence while 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.
42.02 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 paragraphs (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 Quebec 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 for the Employer,
Parks Canada, the Canada Revenue Agency or the Canadian Food Inspection Agency 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, layoff, 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 or Parks Canada,
the Canada Revenue Agency or the Canadian Food Inspection Agency 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 for each week of the waiting
period, less any other monies earned during this period,
and
- for
each week the employee receives a maternity benefit under the Employment Insurance or the Quebec Parental Insurance plan, she
is eligible to receive the difference between ninety-three per cent (93 %) of her
weekly rate 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 42.02(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 Quebec Parental Insurance Plan 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 Quebec.
- 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 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 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.
42.03 Special Maternity Allowance for Totally Disabled Employees
- An employee who:
- fails
to satisfy the eligibility requirement specified in subparagraph 42.02(a)(ii) solely
because a concurrent entitlement to benefits under the Disability Insurance (DI)
Plan, the Longterm 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 Quebec Parental Insurance Plan maternity
benefits,
and
- has
satisfied all of the other eligibility criteria specified in paragraph 42.02(a),
other than those specified in sections (A) and (B) of subparagraph 42.02(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 gross amount of her weekly disability benefit
under the DI Plan, the LTD plan or through the Government Employees Compensation
Act.
- An employee shall be paid an allowance under this
clause and under clause 42.02 for a combined period of no more than the number of
weeks while she would have been eligible for maternity benefits under the Employment
Insurance or the Quebec Parental Insurance Plan had she not been disqualified from
Employment Insurance or Quebec Parental Insurance Plan maternity benefits for the
reasons described in subparagraph (a)(i).
43.01 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, the Employer,
with the written consent of the employee, shall notify the appropriate workplace
committee or the health and safety representative.
43.02 An employee's request
under clause 43.01 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. Depending un the particular
circumstances of the request, the Employer may obtain an independent medical opinion.
43.03 An employee who has made
a request under clause 43.01 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.
43.04 Where reasonably practicable,
the Employer shall modify the employee's job functions or reassign her.
43.05 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.
43.06
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.
43.07
Notwithstanding 43.05, for an employee working in an institution where she is in
direct and regular contact with offenders, 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 on the termination date of the pregnancy, whichever
comes first.
44.01 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) week
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 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 while 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 while 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 before 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.
44.02 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 Quebec 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 42.02(a)(iii)(B), if applicable;
- should
he or she fail to return to work for the Employer, Parks Canada, the Canada Revenue
Agency or the Canadian Food Inspection Agency 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, layoff, 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 or Parks Canada, the Canada Revenue Agency or the Canadian
Food Inspection Agency 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 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 benefit under the Employment Insurance or the Quebec Parental
Insurance Plan, he or she is eligible to receive the difference between
ninety-three per cent (93 %) of his or her weekly rate and the parental, adoption
or paternity benefit, less any other monies earned during this period which may
result in a decrease in his or 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 Quebec 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 for each
week, less any other monies earned during this period.
- At the employee's request, the payment referred
to in subparagraph 44.02(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 Quebec Parental Insurance Plan 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 Quebec.
- 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 to which the employee
is entitled for the substantive level to which he or she 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 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.
44.03 Special Parental Allowance for
Totally Disabled Employees
- An employee who:
- fails
to satisfy the eligibility requirement specified in subparagraph 44.02(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 through the Government Employees Compensation Act
prevents the employee from receiving Employment Insurance or Quebec Parental Insurance
Plan benefits,
and
- has satisfied all of the other eligibility criteria
specified in paragraph 44.02(a), other than those specified in sections (A) and
(B) of subparagraph 44.02(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 gross amount of his or her weekly disability benefit under the DI
Plan, the LTD plan or through the Government
Employees Compensation Act.
- An
employee shall be paid an allowance under this clause and under clause 44.02 for
a combined period of no more than the number of weeks while the employee would have
been eligible for parental, paternity or adoption benefits under the Employment
Insurance or the Quebec Parental Insurance Plan, had the employee not been disqualified
from Employment Insurance or Quebec Parental Insurance Plan benefits for the reasons
described in subparagraph (a)(i).
45.01
Both parties recognize the importance of access to leave for the purpose of the
care of family.
45.02
An employee shall be granted leave without pay for the care of family in accordance
with the following conditions:
- 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 Article shall be
for a minimum period of three (3) weeks;
- 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;
- leave granted for a period of one (1) year
or less shall be scheduled in a manner which ensures continued service delivery.
- Compassionate
Care Leave
- Notwithstanding the definition of "family"
found in clause 2.01 and notwithstanding paragraphs 45.02(b) and (d) 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.
- 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.
- When
notified, an employee who was awaiting benefits must provide the Employer with proof
that the request for Employment Insurance (EI) Compassionate Care Benefits has been
accepted.
- When an employee is notified that their request
for Employment Insurance (EI) Compassionate Care Benefits has been denied, subparagraphs
(i) and (ii) above cease to apply.
45.03 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.
45.04 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 provisions of previous Technical Services Collective
Agreements or other agreements will not count towards the calculation of the maximum
amount of time allowed for care of family during an employee's total period
of employment in the public service.
46.01 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
organisation or activity, other than for activities related to the Government of
Canada Workplace Charitable Campaign.
46.02 The leave shall be scheduled
at times convenient to both the employee and the Employer. Nevertheless, the Employer
shall make every reasonable effort to grant the leaves at such times as the employee
may request.
47.01 For the purpose of this
Article, family is defined as spouse (or common-law partner resident with the employee),
children (including foster children or children of spouse or common-law partner),
parents (including step-parents or foster parents), or any relative permanently
residing in the employee's household or with whom the employee permanently resides.
47.02 The total leave with pay
which may be granted under this Article shall not exceed thirty-seven decimal five
(37.5) hours in a fiscal year.
47.03 Subject to clause 47.02,
the Employer shall grant leave with pay under the following circumstances:
- to take a family member for medical or dental appointments, or for appointments
with school authorities or adoption agencies, if the supervisor was notified of
the appointment as far in advance as possible;
- to provide for the immediate and temporary care of a sick 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;
- to provide for the immediate and temporary care of an elderly member of the employee's
family;
- for needs directly related to the birth or to the adoption of the employee's child.
47.04 Where in respect of any
period of compensatory leave, an employee is granted leave with pay for illness
in the family under 47.03(b) above, on production of a medical certificate, the
period of compensatory leave so displaced shall either be added to the compensatory
leave period, if requested by the employee and approved by the Employer, or reinstated
for use at a later date.
48.01 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 for 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 (1) under
each of paragraphs (a) and (b) during the employee's 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.
49.01 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.
49.02 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 leaves at such times as the employee may request.
50.01 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 is permanently relocated
and up to five (5) years to an employee whose spouse is temporarily relocated.
**
51.01 When a member of the employee's
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.
51.02 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.
51.03 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 51.01 and 51.02, 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.
51.04 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 and/or in
a manner different than that provided for in clauses 51.01 and 51.02.
52.01 The Employer shall grant
leave with pay to an employee for the period of time he or she is required:
- to be available for jury selection;
- to serve on a jury;
- 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.
**
53.01 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 the Public Service Labour Relations 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 his or her presence
is so required.
Education
Leave Without Pay
54.01 The Employer recognizes
the usefulness of education leave. Upon written application by the employee and
with the approval of the Employer, an employee may be granted education leave without
pay for varying periods of up to one (1) year, which can be renewed by mutual agreement,
to attend a recognized institution for studies in some field of education in which
preparation is needed to fill the employee's present role more adequately or to
undertake studies in some field in order to provide a service which the Employer
requires or is planning to provide.
54.02 At the Employer's discretion,
an employee on education leave without pay under this Article may receive an allowance
in lieu of salary of up to one hundred per cent (100 %) of the employee's annual
rate of pay, depending on the degree to which the education leave is deemed, by
the Employer, to be relevant to organizational requirements. Where the employee
receives a grant, bursary or scholarship, the education leave allowance may be reduced.
In such cases, the amount of the reduction shall not exceed the amount of the grant,
bursary or scholarship.
54.03
Allowances already being received by the employee may at the discretion of the Employer
be continued during the period of the education leave. The employee shall be notified
when the leave is approved whether such allowances are to be continued in whole
or in part.
54.04 As a condition of the
granting of education leave without pay, an employee shall, if required, give a
written undertaking prior to the commencement of the leave to return to the service
of the Employer for a period of not less than the period of the leave granted.
If the employee:
- fails to complete the course;
- does not resume employment with the Employer on completion of the course;
or
- ceases to be employed, except by reason of death or layoff, before termination of
the period he or she has undertaken to serve after completion of the course,
the employee shall repay the Employer all allowances
paid to him or her under this Article during the education leave or such lesser
sum as shall be determined by the Employer.
Career
Development Leave With Pay
54.05
- Career development refers to an activity which in the opinion of the Employer is
likely to be of assistance to the individual in furthering his or her career development
and to the organization in achieving its goals. The following activities shall be
deemed to be part of career development:
- a course given by the Employer;
- a course offered by a recognized academic institution;
- a seminar, convention or study session in
a specialized field directly related to the employee's work.
- Upon written application by the employee, and with the approval of the Employer,
career development leave with pay may be given for any one of the activities described
in paragraph 54.05(a) above. The employee shall receive no compensation under Article
28, Overtime, and Article 34, Travelling Time, of this Collective Agreement during
time spent on career development leave provided for in this clause.
- Employees on career development leave shall be reimbursed for all reasonable travel
and other expenses incurred by them which the Employer may deem appropriate.
Examination
Leave With Pay
54.06 At the Employer's discretion,
examination leave with pay may be granted to an employee for the purpose of writing
an examination which takes place during the employee's scheduled hours of work.
Such leave will only be granted where, in the opinion of the Employer, the course
of study is directly related to the employee's duties or will improve his or her
qualifications.
55.01 At
its discretion, the Employer may grant:
- leave with pay when circumstances not directly attributable to the employee prevent
his or her reporting for duty; such leave shall not be unreasonably withheld;
- leave with or without pay for purposes other than those specified in this Agreement.