ARCHIVED - Translation (TR) 313

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Article 17
Leave - General

17.01

1. When an employee becomes subject to this Agreement, his earned daily leave credits shall be converted into hours. When an employee ceases to be subject to this Agreement, his earned hourly leave credits shall be reconverted into days, with one (1) day being equal to seven decimal five (7.5) hours.
2. Earned leave credits or other leave entitlements shall be equal to seven decimal five (7.5) hours per day.

17.02

1. Leave is counted in hours, the number of hours debited for each day of leave being equal to the number of hours of work scheduled for the employee for the day in question.
2. Notwithstanding the above, in clause 21.02, Bereavement Leave, a "day" will mean a calendar day.

17.03 When the employment of an employee who has been granted more annual or sick leave with pay than he has earned is terminated by death or by lay-off after two (2) or more complete years of continuous employment, the employee is considered to have earned the amount of leave with pay granted to him.

17.04 In the event of termination of employment, the employer recovers from any monies owed to the employee an amount equivalent to annual or sick leaves granted to the employee but not earned by him.

17.05 An employee must be informed at least once in each fiscal year of the balance of his annual and sick leave with pay credits.

17.06 The amount of leave with pay credited to an employee by the Employer at the time when this Agreement is signed, or at the time when he becomes subject to this Agreement, shall be retained by the employee.

17.07 Notwithstanding anything contained in Article 18, Annual Leave, Article 19, Parliamentary and Interpretation Leave, Article 20, Sick Leave, and Article 21, Other Leave, an employee shall not be granted annual leave, sick leave, or other types of leave with pay while he is on leave without pay or under suspension.

17.08 Except as otherwise indicated in this agreement, when leave without pay of a duration exceeding three (3) months is granted to an employee for reasons other than illness, the total duration of the leave granted shall be deducted from the calculation of the employee's period of continuous employment for the purpose of calculating severance pay and of service for the purpose of calculating vacation leave. Time spent on such leave shall not be counted for pay increment purposes.

Article 18
Annual Leave

18.01 Credits

1. An employee who has earned at least ten (10) days' pay for each calendar month of a fiscal year shall earn annual leave at the following rates:
   1. nine decimal three seven five (9.375) hours at the employee's straight-time hourly rate until the month in which the anniversary of the employee's eighth (8^th) year of service occurs (fifteen (15) days per year);
   2. twelve decimal five (12.5) hours at the employee's straight-time hourly rate commencing with the month in which the anniversary of the employee's eighth (8^th) year of service occurs (twenty (20) days per year);
   3. thirteen decimal seven five (13.75) hours at the employee's straight-time hourly rate commencing with the month in which the anniversary of the employee's sixteenth (16^th) year of service occurs (twenty-two (22) days per year);
   4. fourteen decimal three seven five (14.375) hours at the employee's straight-time hourly rate commencing with the month in which the anniversary of the employee's seventeenth (17^th) year of service occurs (twenty-three (23) days per year);
   5. fifteen decimal six two five (15.625) hours at the employee's straight-time hourly rate commencing with the month in which the anniversary of the employee's eighteen (18^th) year of service occurs (twenty-five (25) days per year);
   6. sixteen decimal eight seven five (16.875) hours at the employee's straight-time hourly rate commencing with the month in which the anniversary of the employee's twenty-seventh (27^th) year of service occurs (twenty-seven (27) days per year);
   7. eighteen decimal seven five (18.75) hours at the employee's straight-time hourly rate commencing with the month in which the anniversary of the employee's twenty-eight (28^th) year of service occurs (thirty (30) days per year).
2. For the purpose of paragraph (a) only, all service within the Public Service, whether continuous or discontinuous, shall count toward annual 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.

18.02 Granting of Annual Leave

1. In granting annual leave with pay to an employee the Employer shall, subject to the operational requirements of the service, make every reasonable effort:
   1. to schedule the employee's annual leave during the fiscal year in which it is earned if so requested by the employee before May 1;
   2. to schedule the annual leave for at least two (2) consecutive weeks, if so requested by the employee before May 1;
   3. to comply with any request made by an employee before January 31 that he be permitted to use in the following fiscal year any period of annual leave of four (4) days or more earned by him in the current year;
   4. to schedule annual leave when specified by the employee if the period of annual leave requested is less than a week, and if the employee gives the Employer at least two (2) days' advance notice for each day of annual leave requested.
2. The Employer may for good and sufficient reason grant annual leave on shorter notice than that provided for in paragraph (a).
3. During his first six (6) months of continuous employment, an employee is only entitled to annual leave with pay to the extent of his earned credits.
4. An employee with six (6) months of continuous employment may take in advance a number of days of annual leave equal to the credits he is expected to earn during the year in question.

**

5. With respect to employees to whom article 19 applies, the granting of annual leave is subject to operational requirements and such leave must normally be taken during periods of low demand in the fiscal year for which it is granted.

18.03 Displacement of Annual Leave

1. If, during any period of annual leave, an employee is granted bereavement leave or leave with pay for illness in the immediate family, the period of annual leave will be displaced.
2. Sick leave, on production of a medical certificate, can displace annual leave for any period in excess of one (1) day of sickness per week of annual leave.

The period of annual leave displaced in accordance with paragraphs (a) and (b) of this clause shall either be added to the annual leave period if requested by the employee and approved by the Employer or reinstated for use at a later date.

18.04 Carry-over, Exhaustion and Conversion of Annual Leave

1. Employees must normally take all of their annual leave during the fiscal year in which it is earned.
2. Where in any fiscal year, an employee has not been granted all of the annual leave credited to him, the unused portion of his annual leave shall be carried over into the following year, except that the unused portion of annual leave in excess of thirty (30) days shall be automatically converted into cash, by multiplying the number of days to which the excess leave credits correspond by the daily rate of pay which applied to the employee on the last day of the preceding fiscal year.
3. Upon written application by the employee and approval by the Employer, earned but unused annual leave credits of less than thirty (30) days shall be converted to cash. The amount shall be calculated by multiplying the number of days to which the unused portion of annual leave credits correspond by the daily rate of pay which applied to the employee on the last day of the preceding fiscal year.

18.05 Recall from Annual Leave

1. Where operational requirements permit, the Employer shall make every reasonable effort not to recall an employee to duty after he has proceeded on annual leave.
2. Where, during any period of annual leave, an employee is recalled to duty, he shall be reimbursed for reasonable expenses, as normally defined by the Employer, that he incurs:
   1. in proceeding to his place of duty,
      and
   2. in returning to the place from which he was recalled if he immediately resumes his annual leave upon completing the assignment for which he was recalled,
   after submitting such accounts as are normally required by the Employer.
3. The employee shall not be considered as being on annual leave during any period in respect of which he is entitled under paragraph (b) to be reimbursed for reasonable expenses incurred by him.

18.06 Cancellation of Annual Leave

When the Employer cancels or alters a period of annual 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.

18.07 Conversion of Annual Leave Credits to Cash when Employment Terminates

1. Upon termination of employment, the employee shall receive an amount equal to the product obtained by multiplying the number of days of earned but unused annual leave by the daily rate of pay which applied to the employee on the day on which his employment was terminated. Where an employee dies, this amount will be paid to his estate.
2. Notwithstanding paragraph (a), an employee whose employment is terminated by reason of a declaration that he abandoned his position is entitled to receive the payment referred to in paragraph (a) if he requests it within six (6) months following the date upon which his employment is terminated.
3. Notwithstanding paragraph (a), an employee who resigns to accept an appointment with a separate Employer covered by Schedule V of the Financial Administration Act may choose not to be paid for his earned but unused annual leave, provided that the separate Employer agrees to accept such credits.

18.08 Advance Payments

1. The Employer agrees to issue, prior to departure, advance payments of estimated net salary for authorized annual leave 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 annual leave period commences.
2. 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.

18.09 Complementary Leave Without Pay

1. If an employee has used all the annual, parliamentary and interpretation leave credits to which he is entitled in the year, the Employer may at its discretion grant the employee, during the current fiscal year, a maximum of ten (10) days of complementary leave without pay, to be taken consecutively or otherwise.
2. The employee shall give two (2) days' advance notice for each day of complementary leave without pay requested.
3. The Employer may for good and sufficient reason grant complementary leave without pay on shorter notice than that provided for in paragraph (b).
4. An employee may not take complementary leave without pay during his first six (6) months of continuous employment.

18.10

1. The employee shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay on the first (1^st) day of the month following the employee's second (2^nd) anniversary of service, as defined in paragraph 18.01(b).
2. Transitional Provisions
   • Effective on June 29, 2006, the employee with more than two (2) years of service, as defined in paragraph 18.01(b), shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay.
3. The vacation leave credits provided in paragraphs 18.10(a) and (b) above shall be excluded from the application of paragraph 18.04 dealing with the Carry-over and/or Liquidation of Vacation Leave.

Article 19
Parliamentary Leave and
Interpretation Leave

19.01 Parliamentary Leave and Interpretation Leave

1. 1. In addition to their annual leave, employees assigned to parliamentary service and who are normally required to perform work days of varying length with irregular hours shall receive special compensation in the form of parliamentary leave prorated to the number of days worked by the employee for the Employer during the fiscal year.
   2. Employees assigned to parliamentary service and who normally translate documents other than the debates of the House of Commons and of the Senate are subject to Article 19 on the same basis as employees contemplated by sub-paragraph (i) regardless of the hours of work set by the Employer.
   3. In addition to their annual leave, interpreters assigned to the interpretation of conferences in both official languages shall receive special compensation in the form of interpretation leave prorated to the number of days worked by the interpreter for the Employer during the fiscal year.
   4. Notwithstanding the provisions of paragraph 19.01(a), an employee at the TR-1 level assigned to the parliamentary service or to the interpretation of conferences in both official languages within the context of an Employer's training program for parliamentary translation or interpretation is only covered by this article during the second (2^nd) year of said program. During the first (1^st) year of the training program he is subject to those provisions of the agreement that do not apply to employees covered by the present article.
2. The maximum number of days of parliamentary or interpretation leave is forty (40) per fiscal year, except in the case of employees with more than twelve (12) years of employment in parliamentary service or in interpretation in both (2) official languages, in which case the maximum is fifty (50) days per fiscal year, and except in the case of TR-1 employees mentioned in (iv) above, in which case the maximum is twenty (20) days per fiscal year.
3. An employee is entitled to the maximum number of days of parliamentary or interpretation leave if, during the fiscal year, he has worked a minimum number of days obtained by subtracting from two hundred and sixty-one (261) days the number of designated paid holidays, the number of annual and parliamentary or interpretation leave credits carried over and the maximum number of annual and parliamentary or interpretation leave credits for which the employee is normally eligible for the current fiscal year.
4. The granting of parliamentary or interpretation leave is subject to operational requirements and such leave must normally be taken during periods of low demand in the fiscal year for which it is granted. If operational requirements do not permit the Employer to grant parliamentary or interpretation leave during the fiscal year, such leave must be granted before the end of the following fiscal year.
5. If an employee is granted parliamentary or interpretation leave in advance and, at the end of the fiscal year, has been granted more leave of this type than earned, the maximum number of days referred to in paragraph (b) shall be reduced accordingly.
6. Where operational requirements permit, the Employer shall make every reasonable effort to grant an employee entitled under this clause, once per fiscal year, a period of eight (8) consecutive weeks of parliamentary or interpretation leave or a combination of such leave and annual leave.

19.02 Call Back from Parliamentary Leave or Interpretation Leave

1. Where operational requirements permit, the Employer shall make every reasonable effort not to call back an employee once he is on parliamentary leave or interpretation leave.
2. When an employee is called back to work, during any period of his parliamentary or his interpretation leave, he shall be reimbursed reasonable expenses, as usually defined by the Employer, incurred by him:
   1. to go to his work location,
      and
   2. to return to the point whence he was called back if he resumes his leave immediately after performing the duties for which he was called back, subject to submitting vouchers usually required by the Employer.
3. An employee shall not be considered as being on parliamentary or interpretation leave during any period entitling him, under the provisions of paragraph (b), to the repayment of reasonable expenses incurred by him.

19.03 Meal at Debates

The Employer agrees to provide a meal to Debates employees when the Senate and the House of Commons sit for a combined total of more than thirteen (13) hours; if no meal is provided, the Employer shall pay employees a meal allowance of $10.50.

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