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1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the employees and the Institute, to set forth certain terms and conditions of employment relating to remuneration, hours of work, employee benefits and general working conditions affecting employees covered by this Agreement.
1.02 The parties to this Agreement share a desire to improve the quality of the Public Service of Canada, to maintain professional standards and to promote the well-being and increased efficiency of its employees to the end that the people of Canada will be well and effectively served. Accordingly, they are determined to establish within the framework provided by law, an effective working relationship at all levels of the public service in which members of the bargaining unit are employed.
2.01 For the purpose of this Agreement:
2.02 Except as otherwise provided in this Agreement, expressions used in this Agreement,
3.01 Both the English and French texts of this Agreement shall be official.
4.01 The provisions of this Agreement apply to the Institute, employees and the Employer.
4.02 In this Agreement, words importing the masculine gender shall include the feminine gender.
5.01 All the functions, rights, powers and authority which the Employer has not specifically abridged, delegated or modified by this Agreement are recognized by the Institute as being retained by the Employer.
6.01 Nothing in this Agreement shall be construed as an abridgement or restriction of an employee's constitutional rights or of any right expressly conferred in an Act of the Parliament of Canada.
For the purpose of this article: "Publication" shall include, for example, scientific and professional papers, articles, manuscripts, monographs, audio and visual products, and computer software.
7.01 The Employer agrees to continue the present practice of ensuring that employees have ready access to all publications considered necessary to their work by the Employer.
7.02 The Employer agrees that publications prepared by an employee, within the scope of the employee's employment, will be retained on appropriate departmental files for the normal life of such files. The Employer will not unreasonably withhold permission for publication. At the Employer's discretion, recognition of authorship will be given where practicable in departmental publications.
7.03 When an employee acts as a sole or joint author or editor of a publication, the authorship or editorship shall normally be acknowledged on such publication.
7.04
Clauses 8.01 through 8.06 shall not apply to employees on shift work. Clauses 8.07 through 8.21 shall apply only to employees on shift work.
8.01 For the purpose of this article, a week shall consist of seven (7) consecutive days beginning at 00:01 hours Monday and ending at 24:00 hours Sunday. The day is a twenty-four (24) hour period commencing at 00:01 hours.
8.02 The scheduled work week shall be thirty-seven decimal five (37.5) hours and the scheduled work day shall be seven decimal five (7.5) consecutive hours, exclusive of a meal period, between the hours of 7:00 a.m. and 6:00 p.m. The normal work week shall be Monday to Friday inclusive.
8.03 Upon request of an employee and the concurrence of the Employer, an employee may work flexible hours on a daily basis so long as the daily hours amount to seven decimal five (7.5).
8.04 An employee shall be granted two (2) consecutive days of rest during each seven (7) day period unless operational requirements do not so permit.
8.05 Employees will submit monthly attendance registers; only those hours of overtime and absences need be specified.
8.06 Upon request of an employee and the concurrence of the Employer, an employee may complete required hours of work in a period of other than five (5) full days provided that over a period of twenty-eight (28) calendar days the employee works an average of thirty-seven decimal five (37.5) hours per week. As part of the provisions of this clause, attendance reporting shall be mutually agreed between the employee and the Employer. In every twenty-eight (28) day period such an employee shall be granted days of rest on such days as are not scheduled as a normal work day for the employee.
Notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in hours shall not result in any additional overtime work or additional payment by reason only of such variation, nor shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the terms of this Agreement.
8.07 "Shift schedule" means the arrangement of shifts over a given period of time not exceeding two (2) consecutive months and, where practical, for a minimum period of twenty-eight (28) consecutive days.
8.08 For employees engaged in shift work, the hours of work shall average thirty-seven decimal five (37.5) hours per week over the period of a shift schedule exclusive of meal periods.
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8.09 An employee shall be granted at least two (2) consecutive and continuous days of rest during each seven (7) calendar day period unless operational requirements do not permit.
8.10 In computing the hours of work within a shift schedule, leave and other entitlements will be administered in accordance with the Memorandum of Agreement, Appendix B.
8.11 For the purpose of this Agreement, when an employee's shift does not commence and end on the same day, such shift shall be deemed for all purposes to have been entirely worked:
8.12 In the scheduling of shift work the Employer shall arrange shifts so that:
8.13 Every reasonable effort shall be made by the Employer to consider the wishes of the employees concerned in the arrangement of shifts within a shift schedule. Therefore:
8.14
8.15 Provided it will not result in additional costs to the Employer, employees at the same office may exchange shifts with the prior permission of the Employer. Such permission shall not be unreasonably withheld. Once the exchange has been approved, the work schedule will become the official shift schedule of the office.
8.16
8.17 A meal period shall be scheduled as close to the mid-point of the shift as possible. In the event that an employee is required by the Employer to work through the meal period, such employee will be paid for the meal period, at the applicable rate.
8.18 Employees will submit monthly attendance records; only absences and hours of overtime need be specified.
8.19 An employee working a regularly scheduled shift will receive a shift premium of two dollars ($2) per hour for each hour worked, including overtime hours, between 1600 and 0800.
8.20 Employees shall receive an additional weekend premium of two dollars ($2) for all scheduled hours worked at straight-time hourly rates on Saturday and/or Sunday.
9.01 When an employee is required by the Employer to work overtime, the employee shall be compensated as follows:
9.02 When an employee is required to work on a designated holiday, compensation shall be granted on the basis of time and one-half (1 1/2) for each hour worked, in addition to the compensation that the employee would have been granted had the employee not worked on the designated holiday.
The compensation that the employee would have been granted had the employee not worked on a designated paid holiday is seven decimal five (7.5) hours remunerated at straight-time.
9.03 When an employee works on a holiday, contiguous to a second day of rest on which the employee also worked and received overtime in accordance with paragraph 9.01(c), the employee shall be paid in addition to the pay that the employee would have been granted had the employee not worked on the holiday, two (2) times the employee's hourly rate of pay for all time worked.
9.04 All calculations for overtime shall be based on each completed period of fifteen (15) minutes.
9.05 Except in cases of emergency, call-back, stand-by or mutual agreement the Employer shall whenever possible give at least twelve (12) hours' notice of any requirement for the performance of overtime.
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9.06 Upon application by the employee and at the discretion of the Employer, compensation earned under this article may be taken in the form of compensatory leave, which will be calculated at the applicable premium rate laid down in this article. Compensatory leave earned in a fiscal year and outstanding on December 31 of the next following fiscal year shall be paid at the employee's hourly rate of pay on December 31.
9.07 When a payment is being made as a result of the application of this article, the Employer will endeavour to make such payment within six (6) weeks following the end of the pay period for which the employee requests payment, or, if payment is required to liquidate compensatory leave outstanding at the expiry of the fiscal year, the Employer will endeavour to make such payment within six (6) weeks of the commencement of the first pay period after December 31 of the next following fiscal year.
9.08
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9.09 When, in a situation involving overtime, an employee is required to report to work before public transportation services have commenced, or to remain at work or to return to work after normal transportation services have been suspended, the use of a taxi or the payment of a mileage rate, as appropriate, shall be authorized from the employee's residence to the workplace and/or return if necessary.
10.01 If an employee is called back to work:
provided that the period worked by the employee is not contiguous to the employee's normal hours of work.
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10.02 Upon application by the employee and at the discretion of the Employer, compensation earned under this article may be taken in the form of compensatory leave, which will be calculated at the applicable premium rate laid down in this article. Compensatory leave earned in a fiscal year and outstanding on December 31 of the next following fiscal year shall be paid at the employee's hourly rate of pay on December 31.
10.03 When a payment is being made as a result of the application of this article, the Employer will endeavour to make such payment within six (6) weeks following the end of the pay period for which the employee requests payment, or, if payment is required to liquidate compensatory leave outstanding at the expiry of the fiscal year, the Employer will endeavour to make such payment within six (6) weeks of the commencement of the first pay period after December 31 of the next following fiscal year.
10.04 Payments provided under Overtime, Reporting Pay and Standby provisions of this Agreement shall not be pyramided, that is, an employee shall not receive more than one compensation for the same service.
11.01 When the Employer requires an employee to be available on standby during off-duty hours the employee shall be compensated at the rate of one-half (1/2) hour for each four (4) hour period or portion thereof for which the employee has been designated as being on standby duty.
11.02 An employee on standby who is called in to work by the Employer and who reports for work shall be compensated in accordance with Article 10, Call-Back.
11.03
11.04 No standby duty payment shall be granted if an employee is unable to report for duty when required.
11.05 A standby duty roster and schedule may be established at locations when, in the opinion of the Employer, it is warranted by operating conditions.
11.06 At the Employer's discretion, compensation for standby may be given by granting equivalent time off in lieu of a cash payment. If such time off cannot be granted within the quarter in which it is earned then cash payment will be made.
12.01 Subject to clause 12.02, the following days shall be designated paid holidays for employees:
12.02 An employee absent without pay on both the employee's full working day immediately preceding and the employee's full working day immediately following a designated paid holiday, is not entitled to pay for the holiday, except in the case of an employee who is granted leave without pay under the provisions of Article 31, Leave for Labour Relations Matters.
12.03 When a day designated as a paid holiday under clause 12.01 coincides with an employee's day of rest, the holiday shall be moved to the employee's first normal working day following the employee's day of rest.
12.04 When a day designated as a paid holiday for an employee is moved to another day under the provisions of clause 12.03:
12.05 Compensation for work on a paid holiday will be in accordance with Article 9.
12.06 Where a day that is a designated paid holiday for an employee coincides with a day of leave with pay or is moved as a result of the application of clause 12.03, the designated paid holiday shall not count as a day of leave.
13.01 When the Employer requires an employee to travel outside the employee's headquarters area for the purpose of performing duties, the employee shall be compensated in the following manner:
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13.02 For the purpose of clause 13.01, the travelling time for which an employee shall be compensated is as follows:
13.03 All calculations for travelling time shall be based on each completed period of fifteen (15) minutes.
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13.04 Upon application by the employee and at the discretion of the Employer, compensation earned under this article may be taken in the form of compensatory leave, which will be calculated at the applicable premium rate laid down in this article. Compensatory leave earned in a fiscal year and outstanding on December 31 of the next following fiscal year shall be paid at the employee's hourly rate of pay on December 31.
13.05 When a payment is being made as a result of the application of this article, the Employer will endeavour to make such payment within six (6) weeks following the end of the pay period for which the employee requests payment, or, if payment is required to liquidate compensatory leave outstanding at the expiry of the fiscal year, the Employer will endeavour to make such payment within six (6) weeks of the commencement of the first pay period after December 31 of the next following fiscal year.
13.06 This article does not apply to an employee required to perform work in any type of transport in which the employee is travelling. In such circumstances, the employee shall receive pay for actual hours worked in accordance with the appropriate article of this Agreement, Hours of Work, Overtime, Designated Paid Holidays.
13.07 Travelling time shall include time necessarily spent at each stop-over en route provided that such stop-over does not include an overnight stay.
13.08 Compensation under this article shall not be paid for travel time to courses, training sessions, conferences and seminars unless so provided for in the Career Development article.
13.09 Travel Status Leave
The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars, unless the employee is required to attend by the Employer.
14.01 When the employment of an employee who has been granted more vacation or sick leave with pay than the employee has earned is terminated by death or lay-off, the employee is considered to have earned the amount of leave with pay granted.
14.02 An employee is entitled, once in each fiscal year, to be informed, upon request, of the balance of the employee's vacation or sick leave with pay credits.
14.03 The amount of leave with pay credited to an employee by the Employer at the time when this Agreement is signed, or at the time when the employee becomes subject to this Agreement, shall be retained by the employee.
14.04 An employee shall not be granted two (2) different types of leave with pay in respect of the same period of time.
14.05 An employee is not entitled to leave with pay during periods the employee is on leave without pay, on educational leave or under suspension.
14.06 Except as otherwise specified in this Agreement, where leave without pay for a period in excess of three (3) months is granted to an employee for reasons other than illness, the total period of leave granted shall be deducted from "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave which is for a period of more than three (3) months shall not be counted for pay increment purposes.
14.07 Leave credits will be earned on a basis of a day being equal to seven decimal five (7.5) hours.
14.08 When leave is granted, it will be granted on an hourly basis and the hours debited for each day of leave shall be the same as the hours the employee would normally have been scheduled to work on that day, except for Bereavement Leave With Pay where a day is a calendar day.
14.09
15.01 The vacation year shall be from April 1st to March 31st, inclusive.
15.02 An employee shall earn vacation leave credits for each calendar month during which the employee receives pay for at least seventy-five (75) hours at the following rate:
15.03 For the purpose of clause 15.02 only, all service within the public service, whether continuous or discontinuous, shall count toward vacation leave except where a person who, on leaving the public service, takes or has taken severance pay. However, the above exception shall not apply to an employee who receives severance pay on lay-off and is reappointed to the public service within one (1) year following the date of lay-off.
15.04 An employee is entitled to vacation leave with pay to the extent of earned credits but an employee who has completed six (6) months of continuous employment is entitled to receive an advance of credits equivalent to the anticipated credits for the vacation year.
15.05 In order to maintain operational requirements, the Employer reserves the right to schedule an employee's vacation leave but shall make every reasonable effort:
15.06 Where, in respect of any period of vacation leave, an employee:
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.
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15.07
15.08 Where, during any period of vacation leave, an employee is recalled to duty, the employee shall be reimbursed for reasonable expenses, as normally defined by the Employer, incurred:
15.09 The employee shall not be considered as being on vacation leave during any period in respect of which the employee is entitled under clause 15.08 to be reimbursed for reasonable expenses incurred by the employee.
15.10 When the Employer cancels or alters a period of vacation leave which it has previously approved in writing, the Employer shall reimburse the employee for the non-returnable portion of vacation contracts and reservations made by the employee in respect of that period, subject to the presentation of such documentation as the Employer may require. The employee must make every reasonable attempt to mitigate any losses incurred and will provide proof of such action, when available, to the Employer.
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15.11 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 hours of earned but unused vacation leave with pay by the hourly rate of pay as calculated for the classification of the employee's substantive position on the date of the termination of employment.
15.12 Where the employee requests, the Employer shall grant the employee unused vacation leave credits prior to termination of employment if this will enable the employee, for purposes of severance pay, to complete the first (1st) year of continuous employment in the case of lay-off, and the tenth (10th) year of continuous employment in the case of resignation.
15.13 Notwithstanding clause 15.11, an employee whose employment is terminated by reason of a declaration that the employee abandoned the employee's position is entitled to receive the payment referred to in clause 15.11 if the employee requests it within six (6) months following the date upon which the employee's employment is terminated.
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15.14 In the event of the termination of employment for reasons other than death, incapacity or lay-off the Employer shall recover from any monies owed the employee, an amount equivalent to unearned vacation leave taken by the employee, calculated on the basis of the rate of pay applicable to the classification of the employee's substantive position on the date of termination.
15.15 Appointment to a Separate Agency
Notwithstanding clause 15.11, an employee who resigns to accept an appointment with an organization listed in Schedule V of the Financial Administration Act may choose not to be paid for unused vacation leave credits, provided that the appointing organization will accept such credits.
15.16 Appointment from a Separate Agency
The Employer agrees to accept the unused vacation leave credits up to a maximum of two-hundred and sixty-two decimal five (262.5) hours of an employee who resigns from an organization listed in Schedule V of the Financial Administration Act in order to take a position with the Employer if the transferring employee is eligible and has chosen to have these credits transferred.
15.17
16.01
16.02 An employee shall be granted sick leave with pay when the employee is unable to perform the employee's duties because of illness or injury provided that:
16.03 Unless otherwise informed by the Employer, a statement signed by the employee stating that because of illness or injury the employee was unable to perform the employee's duties shall, when delivered to the Employer, be considered as meeting the requirements of paragraph 16.02(a).
16.04 An employee shall not be granted sick leave with pay during any period in which the employee is on leave of absence without pay, or under suspension.
16.05 When an employee is granted sick leave with pay and injury-on-duty leave is subsequently approved for the same period, it shall be considered for the purpose of the record of sick leave credits that the employee was not granted sick leave with pay.
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16.06 Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provision of clause 16.02, sick leave with pay may, at the discretion of the Employer, be granted to an employee for a period of up to one hundred eighty seven decimal five (187.5) hours, subject to the deduction of such advanced leave from any sick leave credits subsequently earned and, in the event of termination of employment for other than death or lay-off, the recovery of the advance from any monies owed the employee.
16.07 Sick leave credits earned but unused by an employee during a previous period of employment in the public service shall be restored to an employee whose employment was terminated by reason of lay-off and who is reappointed in the public service within two (2) years from the date of lay-off.
16.08 An employee shall not be terminated for cause for reason of incapacity pursuant to section 12(1)(e) of the Financial Administration Act at a date earlier than the date at which the employee will have used his accumulated sick leave credits, except where the incapacity is the result of an injury or illness for which injury-on-duty leave has been granted pursuant to clause 17.16.