ARCHIVED - Architecture, Engineering and Land Survey (AR/EN) 203/210
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17.01 General
In respect to applications for leave made
pursuant to this article, the employee may be required to provide satisfactory
validation of the circumstances necessitating such requests.
17.02 Bereavement Leave With
Pay
For the purpose of this clause, immediate
family is defined as father, mother (or alternatively stepfather, stepmother or
foster parent), brother, sister, spouse (including common-law partner resident
with the employee), child (including child of common-law partner), stepchild or
ward of the employee, father-in-law, mother-in-law, grandchild, grandparent and
relative permanently residing in the employee's household or with whom the
employee permanently resides.
- When a member of the immediate family dies, an employee:
**
- shall
be entitled to a single bereavement period of five (5) consecutive calendar
days. Such bereavement period, as determined by the employee, must include the
day of the memorial commemorating the deceased or must begin within two (2)
days following the death. During such period, the employee shall be paid for
those days which are not regularly scheduled days of rest for that employee;
- in addition, the employee may be granted
up to three (3) days' leave with pay for the purpose of travel related to the
death.
- An employee is entitled to up to one (1) day's bereavement leave with pay for
the purpose related to the death of the employee's son-in-law, daughter-in-law,
brother-in-law or sister-in-law.
- It is recognized by the parties that the circumstances which call for leave in
respect of bereavement are based on individual circumstances. On request, the
deputy head of a department may, after considering the particular circumstances
involved, grant leave with pay for a period greater or in a manner other than
that provided for in subparagraph 17.02(a)(i) and paragraph 17.02(b).
- If, during a period of paid leave, an employee is bereaved in circumstances
under which the employee would have been eligible for bereavement leave under
this clause, the employee shall be granted bereavement leave and the employee's
paid leave credits shall be restored to the extent of any concurrent
bereavement leave granted.
17.03 Maternity Leave without Pay
-
An employee who becomes pregnant shall, upon request, be granted maternity
leave without pay for a period beginning before, on or after the termination
date of pregnancy and ending not later than eighteen (18) weeks after the
termination date of pregnancy.
-
Notwithstanding paragraph (a):
- where the employee has not yet proceeded on
maternity leave without pay and her newborn child is hospitalized,
or
- where the employee has proceeded on
maternity leave without pay and then returns to work for all or part of the
period during which her newborn child is hospitalized,
the
period of maternity leave without pay defined in paragraph (a) may be extended
beyond the date falling eighteen (18) weeks after the date of termination of
pregnancy by a period equal to that portion of the period of the child's
hospitalization during which the employee was not on maternity leave, to a maximum
of eighteen (18) weeks.
- The extension described in paragraph (b) shall end not later than fifty-two (52)
weeks after the termination date of pregnancy.
- The Employer may require an employee
to submit a medical certificate certifying pregnancy.
- An employee who has not commenced maternity leave without pay may elect to:
- use earned vacation and compensatory leave
credits up to and beyond the date that her pregnancy terminates;
- use her sick leave credits up to and
beyond the date that her pregnancy terminates, subject to the provisions set
out in Article 16, Sick Leave. For purposes of this subparagraph, the terms "illness"
or "injury" used in Article 16, Sick Leave, shall include medical
disability related to pregnancy.
- An employee shall inform the Employer in writing of her plans for taking leave
with and without pay to cover her absence from work due to the pregnancy at
least four (4) weeks in advance of the initial date of continuous leave of
absence during which termination of pregnancy is expected to occur unless there
is a valid reason why the notice cannot be given.
- Leave granted under this clause shall be counted for the calculation of "continuous
employment" for the purpose of calculating severance pay and "service"
for the purpose of calculating vacation leave. Time spent on such leave shall
be counted for pay increment purposes.
17.04 Maternity Allowance
- An employee who has been granted maternity leave without pay shall be paid a
maternity allowance in accordance with the terms of the Supplemental
Unemployment Benefit (SUB) Plan described in paragraph (c) to (i), provided
that she:
- has completed six (6) months of continuous
employment before the commencement of her maternity leave without pay,
- provides the Employer with proof that she
has applied for and is in receipt of maternity benefits under the Employment
Insurance or the Québec Parental Insurance Plan in respect of insurable
employment with the Employer,
and
- has signed an agreement with the Employer
stating that:
- she will return to work on the expiry date of her maternity leave without pay
unless the return to work date is modified by the approval of another form of
leave;
- following her return to work, as described in section (A), she will work for a
period equal to the period she was in receipt of maternity allowance;
- should she fail to return to work in accordance with section (A), or should she
return to work but fail to work for the total period specified in section (B),
for reasons other than death, lay-off, early termination due to lack of work or
discontinuance of a function of a specified period of employment that would
have been sufficient to meet the obligations specified in section (B), or
having become disabled as defined in the
Public Service Superannuation Act, she will be indebted to the Employer for
an amount determined as follows:
However, an employee whose specified period of
employment expired and who is rehired in any portion of the Core Public
Administration as specified in the Public Service Labour Relations Act
within a period of ninety (90) days or less is not indebted for the amount if
her new period of employment is sufficient to meet the obligations specified in
section (B).
- For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay
shall count as time worked. Periods of leave without pay during the employee's
return to work will not be counted as time worked but shall interrupt the
period referred to in section (a)(iii)(B), without activating the recovery
provisions described in section (a)(iii)(C).
- Maternity allowance payments made in accordance with the SUB Plan will consist
of the following:
- where an employee is subject to a waiting
period of two (2) weeks before receiving Employment Insurance maternity
benefits, ninety-three per cent (93%) of her weekly rate of pay and the
recruitment and retention "terminable allowance" for each week of the
waiting period, less any other monies earned during this period,
and
- for each week that the employee receives a
maternity benefit under the Employment Insurance or the Québec Parental
Insurance Plan, she is eligible to receive the difference between ninety-three
per cent (93%) of her weekly rate of pay and the recruitment and retention "terminable
allowance" and the maternity benefit, less any other monies earned during
this period which may result in a decrease in her maternity benefit to which
she would have been eligible if no extra monies had been earned during this
period.
- At the employee's request, the payment referred to in subparagraph 17.04(c)(i)
will be estimated and advanced to the employee. Adjustments will be made once
the employee provides proof of receipt of Employment Insurance or Québec
Parental Insurance 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 Québec.
- The weekly rate of pay referred to in paragraph (c) shall be:
- for a full-time employee, the employee's
weekly rate of pay on the day immediately preceding the commencement of
maternity leave without pay,
- for an employee who has been employed on a
part-time or on a combined full-time and part-time basis during the six (6) month
period preceding the commencement of maternity leave, the rate obtained by
multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained
by dividing the employee's straight time earnings by the straight-time earnings
the employee would have earned working full-time during such period.
- The weekly rate of pay referred to in paragraph (f) shall be the rate and the
recruitment and retention "terminable allowance" to which the
employee is entitled for her substantive level to which she is appointed.
- Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the
day immediately preceding the commencement of maternity leave without pay an
employee has been on an acting assignment for at least four (4) months, the
weekly rate shall be the rate and the recruitment and retention "terminable
allowance" she was being paid on that day.
**
- Where an employee becomes eligible for a
pay increment or pay revision 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.
17.05 Special Maternity Allowance for Totally Disabled Employees
- An employee who:
- fails
to satisfy the eligibility requirement specified in subparagraph 17.04(a)(ii)
solely because a concurrent entitlement to benefits under the Disability
Insurance (DI) Plan, the Long-Term Disability (LTD) Insurance portion of the
Public Service Management Insurance Plan (PSMIP) or the Government Employees Compensation Act prevents her from receiving
Employment Insurance or Québec Parental Insurance Plan maternity benefits;
and
- has
satisfied all of the other eligibility criteria specified in paragraph 17.04(a),
other than those specified in sections (A) and (B) of subparagraph 17.04(a)(iii);
shall
be paid, in respect of each week of maternity allowance not received for the
reason described in subparagraph 17.05(a)(i), the difference between ninety-three
per cent (93%) of her weekly rate of pay and recruitment and retention "terminable
allowance", and the gross amount of her weekly disability benefit under
the DI Plan, the LTD Plan or via the Government
Employees Compensation Act.
- An employee shall be paid an allowance under this clause and under clause 17.04
for a combined period of no more than the number of weeks during which she
would have been eligible for maternity benefits under the Employment Insurance
or the Québec Parental Insurance Plan had she not been disqualified from
Employment Insurance or Québec Parental Insurance Plan maternity benefits for
the reasons described in subparagraph 17.05(a)(i).
17.06 Parental Leave without Pay
- Where an employee has or will have the
actual care and custody of a new-born child (including the new-born child of a
common-law partner), the employee shall, upon request, be granted parental
leave without pay for a single period of up to thirty-seven (37) consecutive
weeks in the fifty-two (52) week period beginning on the day on which the child
is born or the day on which the child comes into the employee's care.
- Where an employee commences legal proceedings under the laws of a province to
adopt a child or obtains an order under the laws of a province for the adoption
of a child, the employee shall, upon request, be granted parental leave without
pay for a single period of up to thirty-seven (37) consecutive weeks in the
fifty-two week (52) period beginning on the day on which the child comes into
the employee's care.
- Notwithstanding paragraphs (a) and (b) above, at the request of an employee and
at the discretion of the Employer, the leave referred to in the paragraphs (a)
and (b) above may be taken in two periods.
- Notwithstanding paragraphs (a) and
(b):
- where the employee's child is hospitalized
within the period defined in the above paragraphs, and the employee has not yet
proceeded on parental leave without pay,
or
- where the employee has proceeded on
parental leave without pay and then returns to work for all or part of the
period during which his or her child is hospitalized,
the
period of parental leave without pay specified in the original leave request
may be extended by a period equal to that portion of the period of the child's
hospitalization during which the employee was not on parental leave. However,
the extension shall end not later than one hundred and four (104) weeks after
the day on which the child comes into the employee's care.
- An employee who intends to request parental leave without pay shall notify the
Employer at least four (4) weeks in advance of the commencement date of such
leave.
- The Employer may:
- defer the commencement of parental leave
without pay at the request of the employee;
- grant the employee parental leave without
pay with less than four (4) weeks' notice;
- require an employee to submit a birth
certificate or proof of adoption of the child.
- Leave granted under this clause shall count for the calculation of "continuous
employment" for the purpose of calculating severance pay and "service"
for the purpose of calculating vacation leave. Time spent on such leave shall
count for pay increment purposes.
17.07 Parental Allowance
- An employee who has been granted parental leave without pay, shall be paid a
parental allowance in accordance with the terms of the Supplemental
Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing
he or she:
- has completed six (6) months of continuous
employment before the commencement of parental leave without pay,
- provides
the Employer with proof that he or she has applied for and is in receipt of
parental, paternity or adoption benefits under the Employment Insurance or the
Québec Parental Insurance Plan in respect of insurable employment with the
Employer,
and
- has signed an agreement with the Employer
stating that:
- the employee will return to work on the expiry date of his 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 17.04(a)(iii)(B), if applicable;
- should he or she fail to return to work in accordance with section (A) or
should he or she return to work but fail to work the total period specified in
section (B), for reasons other than death, lay-off, early termination due to
lack of work or discontinuance of a function of a specified period of
employment that would have been sufficient to meet the obligations specified in
section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to
the Employer for an amount determined as follows:
However, an employee whose specified period of
employment expired and who is rehired in any portion of the Core Public
Administration as specified in the Public Service Labour Relations Act
within a period of ninety (90) days or less is not indebted for the amount if
his or her new period of employment is sufficient to meet the obligations
specified in section (B).
- For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay
shall count as time worked. Periods of leave without pay during the employee's
return to work will not be counted as time worked but shall interrupt the
period referred to in section (a)(iii)(B), without activating the recovery
provisions described in section (a)(iii)(C).
- Parental Allowance payments made in accordance with the SUB Plan will consist of
the following:
- where
an employee is subject to a waiting period of two (2) weeks before receiving
Employment Insurance parental benefits, ninety-three per cent (93%) of his or
her weekly rate of pay and the recruitment and retention "terminable allowance",
for each week of the waiting period, less any other monies earned during this
period;
- for each week the employee receives
parental, adoption or paternity benefits under the Employment Insurance or the
Québec Parental Insurance Plan, he or she is eligible to receive the difference
between ninety-three per cent (93%) of his or her weekly rate of pay and the
recruitment and retention "terminable allowance" and the parental,
adoption or paternity benefit, less any other monies earned during this period
which may result in a decrease in his 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 Québec Parental Insurance Plan and thereafter
remains on parental leave without pay, she is eligible to receive a further
parental allowance for a period of two (2) weeks, ninety-three per cent (93%)
of her weekly rate of pay and the recruitment and retention "terminable
allowance" for each week, less any other monies earned during this period.
- At the employee's request, the payment referred to in subparagraph 17.07(c)(i)
will be estimated and advanced to the employee. Adjustments will be made once
the employee provides proof of receipt of Employment Insurance or Québec
Parental Insurance 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 Québec.
- The weekly rate of pay referred to in paragraph (c) shall
be:
- for a full-time employee, the employee's
weekly rate of pay on the day immediately preceding the commencement of
maternity or parental leave without pay;
- for an employee who has been employed on a
part-time or on a combined full-time and part-time basis during the six (6) month
period preceding the commencement of maternity or parental leave without pay,
the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by
the fraction obtained by dividing the employee's straight time earnings by the
straight- time earnings the employee would have earned working full-time during
such period.
- The weekly rate of pay referred to in paragraph (f) shall be the rate and the
recruitment and retention "terminable allowance" to which the
employee is entitled for the substantive level to which she or he is appointed.
- Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the
day immediately preceding the commencement of parental leave without pay an
employee is performing an acting assignment for at least four (4) months, the
weekly rate shall be the rate and the recruitment and retention "terminable
allowance", the employee was being paid on that day.
**
- Where an employee becomes eligible for a pay increment or pay revision 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.
17.08 Special Parental Allowance for Totally Disabled Employees
- An employee who:
- fails
to satisfy the eligibility requirement specified in subparagraph 17.07(a)(ii)
solely because a concurrent entitlement to benefits under the Disability
Insurance (DI) Plan, the Long-Term Disability (LTD) Insurance portion of the
Public Service Management Insurance Plan (PSMIP) or via the Government Employees Compensation Act
prevents the employee from receiving Employment Insurance or Québec Parental
Insurance Plan benefits;
and
- has satisfied all of the other eligibility
criteria specified in subparagraph 17.07(a), other than those specified in
sections (A) and (B) of subparagraph 17.07(a)(iii);
shall
be paid, in respect of each week of benefits under the parental allowance not
received for the reason described in subparagraph 17.08(a)(i), the difference
between ninety-three per cent (93%) of the employee's rate of pay and the
recruitment and retention "terminable allowance", and the gross
amount of his or her weekly disability benefit under the DI Plan, the LTD Plan
or via the Government Employees
Compensation Act.
- An employee shall be paid an allowance under this clause and under clause 17.07
for a combined period of no more than the number of weeks during which the
employee would have been eligible for parental, paternity or adoption benefits
under the Employment Insurance or the Québec Parental Insurance Plan, had the
employee not been disqualified from Employment Insurance or Québec Parental
Insurance Plan benefits for the reasons described in subparagraph 17.08(a)(i).
**
17.09
Leave Without Pay for the Care of Immediate Family
Subject to
operational requirements, an employee shall be granted leave without pay for
the care of immediate family in accordance with the following conditions:
- (a)
For the purpose of this clause,
immediate 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 stepparents or foster parent) or any relative
permanently residing in the employee's household or with whom the employee
permanently resides;
- (b)
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 such notice cannot be
given, because of an urgent or unforeseeable circumstance;
- (c)
leave granted under this clause shall be
for a minimum period of three (3) weeks;
- (d)
the total leave granted under this clause shall not exceed five (5) years
during an employee's total period of employment in the public service;
- (e)
leave granted under this clause for a
period of more than three (3) months shall be deducted from the calculation of
continuous employment for the purposes of calculating severance pay and from
the calculation of "service" for the purposes of calculating vacation
leave;
- (f)
time spent on such leave for more than
three (3) months shall not be counted for pay increment purposes;
- (g) Transitional provisions
- (i) An employee who, on the date of signature
of this Agreement, is on Leave Without Pay for the Care and Nurturing of the
employee's Pre-School Age Children or on Leave Without Pay for the Long-Term
Care of a Parent under the terms of the agreement expired on 30 September 2007,
continues on that leave for the approved duration or until the employee's
return to work, if the employee returns to work before the end of the approved
leave.
- (ii) An employee who becomes a member of the
bargaining unit on or after the date of signature of this Agreement and who is
on Leave Without Pay for the Care and Nurturing of the employee's Pre-school
Age Children or on Leave Without Pay for the Long-Term Care of a Parent under
the terms of another agreement, continues on that leave for the approved
duration or until the employee's return to work, if the employee returns to
work before the end of the approved leave.
- (iii) All leave granted under Leave Without Pay
for the Care and Nurturing of the employee's Pre-school Age Children or under
Leave Without Pay for the Long-Term Care of a Parent under the terms of
agreements other than the present agreement will not count towards the
calculation of the maximum amount of time allowed for Care of Immediate Family
during an employee's total period of employment in the public service.
- (iv) This article is also applicable to
employees who have been granted Leave Without Pay for the Care and Nurturing of
the employee's Pre-School Age Children or Leave Without Pay for the Long-Term
Care of a Parent before the signature of the present agreement and have
proceeded on leave on or after the date of signature of this Agreement.
17.10 Leave Without Pay for
Personal Needs
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 of 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 under
each of (a) and (b) of this clause 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, parental or adoption leave
without the consent of the Employer.
- Leave
granted under (a) of 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.
- Leave
without pay granted under (b) of this clause shall be deducted from the
calculation of "continuous employment" for the purpose of calculating
severance pay and "service" for the purpose of calculating vacation
leave for the employee involved. Time spent on such leave shall not be counted
for pay increment purposes.
17.11 Leave Without Pay for
Relocation of Spouse
- 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.
- Leave
without pay granted under this clause shall be deducted from the calculation of
"continuous employment" for the purpose of calculating severance pay
and "service" for the purpose of calculating vacation leave for the
employee involved except where the period of such leave is less than three (3) months.
Time spent on such leave which is for a period of more than three (3) months
shall not be counted for pay increment purposes.
17.12 Leave With Pay for Family-Related
Responsibilities
- For
the purpose of this clause, family is defined as spouse (or common-law partner
resident with the employee), children (including children of legal 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.
- The
Employer shall grant leave with pay under the following circumstances:
- an employee is expected to make every
reasonable effort to schedule medical or dental appointments for family members
to minimize or preclude the employee's absence from work; however, when
alternate arrangements are not possible an employee shall be granted leave with
pay for a medical or dental appointment when the family member is incapable of
attending the appointment without accompaniment, or for appointments with
appropriate authorities in schools or adoption agencies. An employee requesting
leave under this provision must notify the employee's supervisor of the
appointment as far in advance as possible;
- to provide for the immediate and temporary
care of a sick or elderly 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;
- leave with pay for needs directly related
to the birth or to the adoption of the employee's child.
- The total leave with pay which may be granted under subparagraphs 17.12(b)(i), (ii) and (iii) shall not
exceed thirty-seven decimal five (37.5) hours in a fiscal year.
17.13 Court Leave With Pay
Leave with pay shall be given to every employee, other than
an employee already on leave without pay, on education leave, or under
suspension who is required:
- to
be available for jury selection;
- to
serve on a jury;
or
- by
subpoena or summons to attend as a witness in any proceeding, except for a
proceeding in which the employee is a party, held:
**
- in or under the authority of a court of
justice;
- 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.
17.14 Personnel Selection
Leave With Pay
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 Schedule I and IV of the Financial
Administration 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 the employee's
presence is so required. This clause applies equally in respect of the
personnel selection processes related to deployment.
17.15 Injury-on-Duty Leave
With Pay
An employee shall be granted injury-on-duty leave with pay
for such reasonable period as may be determined by the Employer where it is
determined by a Provincial Worker's Compensation Board that the employee is
unable to perform the employee's duties because of:
- personal
injury accidentally received in the performance of the employee's duties and
not caused by the employee's willful misconduct,
- sickness
resulting from the nature of the employee's employment,
or
- exposure
to hazardous conditions in the course of the employee's employment,
if the employee agrees to pay to the Receiver General of
Canada any amount received for loss of wages in settlement of any claim the
employee may have in respect of such injury, sickness or exposure.
17.16 Examination Leave
Leave with pay to take examinations or defend
dissertations may be granted by the Employer to an employee who is not on
education leave. Such leave will be granted only where, in the opinion of the
Employer, the course of study is directly related to the employee's duties or
will improve the employee's qualifications.
17.17 Volunteer Leave
- Subject to operational
requirements as determined by the Employer and with an advance notice of at
least five (5) working days, the employee shall be granted, in each fiscal
year, 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.
- The leave will be scheduled at a time
convenient to both the employee and the Employer. Nevertheless, the Employer
shall make every reasonable effort to grant the leave at such time as the
employee may request.
17.18 Maternity-related Reassignment or Leave
- 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.
- An employee's request under paragraph 17.18(a)
above 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. Dependent
upon the particular circumstances of the request, the Employer may obtain an
independent medical opinion.
- An employee who has made a request under paragraph 17.18(a) above 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.
- Where reasonably practicable, the
Employer shall modify the employee's job functions or reassign her.
- 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.
- 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 original medical
certificate, unless there is a valid reason why that notice cannot be given.
Such notice must be accompanied by a new medical certificate.
17.19 Medical Appointment for Pregnant Employees
- Up to three decimal seven five (3.75)
hours of time off with pay will be granted to pregnant employees for the
purpose of attending routine medical appointments.
- Where a series of continuing
appointments are necessary for the treatment of a particular condition relating
to the pregnancy, absences shall be charged to sick leave.
17.20 Other Leave With Pay
- At
its discretion, the Employer may grant leave with pay for purposes other than
those specified in this Agreement, including military or civil defence
training, emergencies affecting the community or place of work, and when
circumstances not directly attributable to the employee prevent the employee
reporting for duty.
- Personal Leave
- Subject to operational requirements as
determined by the Employer and with an advance notice of at least five (5) working
days, the employee shall be granted, in each fiscal year, a single period of up
to seven decimal five (7.5) hours of leave with pay for reasons of a personal
nature.
- The leave will be scheduled at a time
convenient to both the employee and the Employer. Nevertheless, the Employer
shall make every reasonable effort to grant the leave at such time as the
employee may request.
17.21 Other Leave Without
Pay
At its discretion, the Employer may grant leave without pay
for purposes other than those specified in this Agreement, including enrolment
in the Canadian Armed Forces and election to a full-time municipal office.
17.22 Religious
Observance
- The
Employer shall make every reasonable effort to accommodate an employee who
requests time off to fulfill his or her religious obligations.
- Employees
may, in accordance with the provisions of this Agreement, request annual leave,
compensatory leave, leave without pay for other reasons or a shift exchange (in
the case of a shift worker) in order to fulfill their religious obligations.
- Notwithstanding
paragraph 17.22(b), at the request of the employee and at the discretion of the
Employer, time off with pay may be granted to the employee in order to fulfill
his or her religious obligations. The number of hours with pay so granted must
be made up hour for hour within a period of six (6) months, at times agreed to
by the Employer. Hours worked as a result of time off granted under this clause
shall not be compensated nor should they result in any additional payments by
the Employer.
- An
employee who intends to request leave or time off under this article must give
notice to the Employer as far in advance as possible but no later than four (4)
weeks before the requested period of absence, unless, because of unforeseeable
circumstances, such notice cannot be given.