ARCHIVED - Acting assignment

History

Acting premium: Entitlement code 238

The acting premium was paid from September 1, 1986, to April 30, 1989, inclusive. Persons paid an acting premium continued to occupy their substantive position. Their benefits were based on the substantive position.

History

Legal holidays and leave of absence were not considered as a day worked for the purpose of the qualifying period, unless the relevant collective agreement or terms and conditions of employment provided otherwise.

Such leave did not break the qualifying period but merely extended it.

Example 1: Designated paid holiday during the qualifying period

An employee whose substantive position as a SI-02 is required to temporarily perform duties on an acting basis of a higher classification level as an AS-04 from August 29, 2003, to September 3, 2003, inclusive.

The qualifying period of the substantive position of four (4) consecutive working days or shifts is met, and the employee is paid acting pay.

Note: Monday, September 1, 2003, is a designated paid holiday and is considered as a day worked for the purposes of the qualifying period.

Example 2: Normal qualifying period

An employee occupying a substantive PM-03 position is required to temporarily perform the duties on an acting basis of a higher classification level as a SI-03 from December 22, 2003 to December 24, 2003, inclusive.

The qualifying period of the substantive position of three (3) consecutive working days or shifts is met, and the employee is paid acting pay.

Example 3: Starting of acting pay on a designated paid holiday

An employee occupying a substantive PM-03 position is required to temporarily perform the duties on an acting basis of a higher classification level as a SI-03 from September 1, 2003 to November 28, 2003, inclusive.

The qualifying period of the substantive position of three (3) consecutive working days or shifts is met. The acting assignment should not commence on Monday, September 1, 2003, the designated paid holiday unless the employee is required to work on that day.

The acting assignment terminates Friday, November 28, 2003, and the employee reverts to the basic pay of the PM-03 position, which is effective on Saturday, November 29, 2003.

Example 4: Ending acting pay on a designated paid holiday

An employee occupying a substantive PM-03 position is required to temporarily perform the duties on an acting basis of a higher classification level as a SI-03 from November 17, 2003 to December 26, 2003, inclusive.

The qualifying period of the substantive position of three (3) consecutive working days or shifts is met, and the employee is paid acting pay.

Unless the employee is required to perform the duties of the SI position on the designated paid holidays from December 25, 2003, to December 26, 2003, the acting assignment should not terminate on Friday, December 26, 2003. Instead, the acting assignment should end on Wednesday, December 24, 2003.

Example 5: Qualifying period for a part-time employee

An AS part-time employee works 18.75 hours per week, which is 50% of the standard work week of regular full-time employees.

The qualifying period for acting pay is three (3) consecutive working days or shifts.

The employee must work three (3) consecutive working days based on the part-time AWW to be eligible to receive acting pay.

Example 6: Qualifying period for an employee working a variable work week

An AS employee works a variable work week of 8.33 hours per day for nine (9) days in a two (2) week period.

As per Article 25.27 (g) of the PA collective agreement, the qualifying period for acting pay of three (3) consecutive working days or shifts shall be converted to hours.

The employee must work 22.50 consecutive hours to be eligible to receive acting pay.

Example 7: Acting in an EX position

An employee occupying a substantive AS-08 position is required to temporarily perform the duties on an acting basis of a higher classification level as an EX-01 for the period of September 9, 2002 to October 4, 2002, inclusive.

The qualifying period of the substantive position of three (3) consecutive working days or shifts is met, and the employee is paid acting pay.

Note: Section 46 (acting pay) of the Public Service Terms and Condition of Employment Regulations does not apply to members of the EX Group. However, they continue to apply to employees in other occupational groups and levels who temporarily perform the duties of a position in the EX Group.

Example 8: An EX employee acting in another EX position

An employee occupying a substantive EX-01 position is required to temporarily perform the duties on an acting basis of a higher classification level as an EX-02 from September 9, 2002, to October 4, 2002, inclusive.

Acting pay will apply after a person has performed all or a significant part of the duties of a higher classification level position for a period of three (3) months.

The qualifying or vestibule period of a minimum of three (3) months has not been meet, therefore, the employee in not entitled to acting pay.

Note: Section 46 (acting pay) of the Public Service Terms and Condition of Employment Regulations does not apply to members of the EX Group. The qualifying or vestibule period is a minimum of three (3) months.

Example 1: Promotion rule (PSTCER 24)

A full-time employee occupying a GT-02 position who is earning $37,919 (minimum) is required to perform the duties on an acting basis of a higher classification level as an AS-02 from January 20, 2003, to March 28, 2003, inclusive. The employee's certificate of appointment is dated on January 24, 2003.

• GT-02 rate of pay is effective on January 20, 2003

• Difference between the maximums (AS-02 and GT-02)

• Since the difference between the maximums is $4,398, which is greater than the lowest pay increment of $1,666 of the AS-02, the acting assignment is based on the promotion rule. The employee's acting rate of pay is determined by adding the lowest pay increment of the AS-02 to the GT-02 salary. The employee is paid $43,863, which is the rate of pay nearest to but not less than $39,585.

Example 2: Promotion rule (PSTCER 24) - Hourly rate of pay to an annual salary

A full-time employee in a GS-STS-03 position in pay zone 1 who is earning $17.06 an hour is required to perform the duties on an acting basis of a higher classification level as a CR-04 from April 14, 2003, to April 25, 2003, inclusive. The employee's certificate of appointment is dated on March 20, 2003.

Zone 1

British Columbia, Yukon, Nunavut and Northwest Territories

• GS-STS-03 in pay zone 1 annual rate of pay is effective on April 14, 2003

• Difference between the maximums (CR-04 and GS-STS-03)

• Since the difference between the maximums is $3,744.10, which is greater than the lowest pay increment of $962 of the represented CR-04, the acting assignment is based on the promotion rule. The employee's acting rate of pay is determined by adding the lowest pay increment of the CR-04 to the GS-STS-03 salary, which is the rate of pay nearest to but not less than $36,566.90.

Example 3: Deployment or transfer by appointment rule (PSTCER 26)

A full-time employee occupying a ST-SCY-03 position who is earning $36,711which is the 2^nd step of the salary scale is required to perform the duties on an acting basis of a higher classification level as a CR-04 from April 14, 2003, to June 6, 2003, inclusive. The employee's certificate of appointment is dated on March 20, 2003.

• ST-SCY-03 rate of pay is effective on April 14, 2003

$36,711 (2^nd step)

• Difference between the maximums (CR-04 and ST-SCY-03)

$585 ($39,349 - $38,764)

• Since the difference between the maximums is $585, which is less than the lowest pay increment of $962 of the CR-04, the acting assignment is based on the deployment or transfer by appointment rule. The employee is paid $37,421, which is the rate of pay nearest to but not less than the rate received previously.

$37,421 (2^nd step)

Example: Non-executive employee acting in an EX position

An employee occupying a substantive AS-08 excluded position who is earning $85,000 per annum is required to temporarily perform the duties on an acting basis of a higher classification level as an EX-01 from September 9, 2002 to October 4, 2002, inclusive. The employee's certificate of appointment is dated on August 20, 2002.

The employee remains subject to the non-pay terms and conditions of employment that govern the substantive level position as an AS-08.

C

Effective June 21, 2002

C

C

Effective April 1, 2002

• Excluded AS-08 rate of pay is effective on September 9, 2002

$85,000

• Since appointments to the EX Group from other Public Service occupational groups are considered to be promotions, the employee is entitled to a five per cent (5%) increase in salary of the job rate of the new level of the appointment, or at least the minimum of the new salary range. The nearest multiple of $100. is $90,000. The employee is paid $90,000.

$89,985

($85,000 + $4,985 = $89,985) the nearest multiple of $100. is $90,000

Example: Acting within the EX Group

An employee occupying a substantive EX-01 position who is earning $90,000 per annum is required to temporarily perform the duties on an acting basis of a higher classification level as an EX-02 from September 9, 2002, to December 20, 2002, inclusive. The employee's certificate of appointment is dated August 20, 2002.

• EX-01 rate of pay is effective on September 9, 2002

$90,000

• Normally an employee appointed to a more senior level in the EX Group is entitled to a five per cent (5%) increase in salary of the job rate for the higher level. The salary on appointment must be at least the minimum of the salary range. The nearest multiple of $100 is $95,600. The employee is paid $95,600 .

$95,585

($90,000 + $5,585 = $95,585)the nearest multiple of $100 is $95,600

Example 1: Increment in the substantive position

An employee occupying a substantive AS-01 position who is earning $40,861 per annum, which is the 2^ndstep of the salary scale, is required to perform duties on an acting basis of a higher classification level as an AS-02 from March 17, 2003, to June 13, 2003, inclusive.

Based on the promotion rule, the acting rate of pay is calculated as $43,863, which is the minimum.

The employee is entitled to an increment in the substantive position, which is effective on April 14, 2003. The employee is earning $42,413, which is the 3^rd step of the salary scale in the substantive position.

AS-01

AS-02

• AS-01 rate of pay is effective on April 14, 2003

$42,413 (3^rd step)

• Difference between the maximums (AS-02 and AS-01)

$3,234 ($47,260 - $44,026))

• Since the difference between the maximums is $3,234, which is greater than the lowest pay increment of $1,666 of the AS-02, the promotion rule applies. The employee's acting rate of pay is determined by adding the lowest pay increment of the AS-02 to the AS-01 salary, and the employee is paid $45,529.

$45,529 (2^nd step)

($42,413 + $1,666 = $44,079)

Example 2: Increment in the substantive position

An employee occupying a substantive AS-01 position who is earning $40,861 per annum, the 2^nd step of the salary scale is required to perform duties on an acting basis of a higher classification level as an AS-03 from March 17, 2003, to June 13, 2003, inclusive.

Based on the promotion rule, the acting rate of pay is calculated at $47,015 per annum, which is the minimum.

The employee is entitled to an increment in the substantive position, which is effective on April 14, 2003. The employee is earning $42,413 per annum, which is the 3^rd step of the salary scale in the substantive position.

AS-01

AS-03

• AS-01 rate of pay is effective on April 14, 2003

• Difference between the maximums (AS-03 and AS-01)

• Since the difference between the maximums is $6,631, which is greater than the lowest pay increment of $1,787 of the AS-03, the promotion rule applies. The employee's acting rate of pay is determined by adding the lowest pay increment of the AS-03 to the AS-01 salary, and the employee is paid $47,015.

Example 3: Maximum in the substantive position

An employee occupying a substantive AS-01 position who is earning $44,026 per annum, which is the maximum, is required to perform duties on an acting basis of a higher classification level as an AS-03 from March 17, 2003, to June 18, 2004, inclusive.

Based on the promotion rule, the acting rate of pay is calculated as $47,015 per annum, which is the minimum.

Unless there is a change in salary in the substantive position, which requires a recalculation of the rate of pay in the AS-03 classification level, resulting in the employee being entitled to an increment in the higher classification level, then the employee's increment date for the AS-03 acting assignment will be based on March 17, 2003. The next increment will be effective on Monday, March 15, 2004.

Example 4: Revision in the substantive position during the current period

An employee occupying a substantive AS-01 position who is earning $41,379 per annum which is the 3^rd step of the salary scale is required to perform duties on an acting basis of a higher classification level as a SI-02 for the period of March 18, 2002, to June 13, 2003, inclusive.

Based on the promotion rule, the acting rate of pay is calculated at $42,640 per annum, which is the 2^nd step in the pay rate scale.

The employee is entitled to a revision in the substantive position, which is effective on June 21, 2002. The employee's salary is revised to $42,413 per annum in the substantive position.

B

Effective June 21, 2001

C

Effective June 21, 2002

B

C

B

Effective June 22, 2001

C

Effective June 22, 2002

B

C

• AS-01 rate of pay is effective on June 21, 2002

$42,413 (3^rd step)

• Difference between the maximums (SI-02 and AS-01)

$3,232 ($47,258 - $44,026)

• Since the difference between the maximums is $3,232, which is greater than the lowest pay increment of $1,025 of the SI-02, the promotion rule applies. The employee's acting rate of pay is determined by adding the lowest pay increment of the SI-02 to the AS-01 salary, and the employee is paid $43,674.

$43,674 (3^rd step)

($42,413 + $1,025 = $43,438)

Example 1: Subsequent appointment to the same level

Monday, July 8, 2002: Commence acting assignment in an AS-02 position

An employee occupying a substantive AS-01 position who is earning $42,413 per annum which is the 3^rd step of the salary scale is required to perform AS-02 higher classification level duties on an acting basis from July 8, 2002, to August 14, 2002, inclusive.

Based on the promotion rule, the acting pay is calculated at $45,529 per annum in the 2^nd step of the salary scale.

Thursday, August 15, 2002: Appointed on an indeterminate basis to an AS-02 position

The employee retains the rate of pay at $45,529, which was previously paid for the acting assignment since there was no break of a compensation day between the acting assignment and the appointment.

For increment purposes, the employee is considered as being assigned to the AS-02 position since July 8, 2002. The subsequent increment is calculated in accordance with the provisions specified in Section 7 of this module, and is effective on Monday, July 7, 2003.

AS-01

AS-02

Example 2: Break of a compensation day - Appointment

Monday, March 18, 2002: Commence acting assignment in an SI-02 position

An employee is occupying a substantive AS-01 position and is earning $41,379 per annum, which is the 3^rd step of the salary scale. The employee is required to perform higher classification duties, on an acting basis, as a SI-02 from March 18, 2002 to August 30, 2002, inclusive.

Based on the promotion rule, the acting rate of pay is calculated at $42,640 per annum, which is the minimum.

Friday, June 21, 2002: Revision in the substantive position

The employee is entitled to a revision of $42,413 per annum which is the 3^rd step of the salary scale in the substantive position, which is effective on Friday, June 21, 2002.

The rate of pay in the higher classification level is recalculated due to the revision in the substantive position.

After the recalculation, the employee is entitled to an additional step in the higher classification level and is paid $43,674, which is the 3^rd step of the salary scale.

Saturday, June 22, 2002: Revision in the higher classification

The employee is entitled to a revision of $44,766 per annum, which is the 3^rd step of the salary scale in the higher classification level, which is effective on Saturday, June 22, 2002.

Saturday, August 31, 2002

The employee reverts back to the basic pay of $42,413, which is the 3^rd step in the AS-01 salary scale.

Tuesday, September 3, 2002: Appointed on an indeterminate basis

The employee is appointed on an indeterminate basis to an SI-02 position.

Since there is a break of a compensation day, which is the designated paid holiday of September 2, 2002, the appointment is not considered a confirmation of acting. The employee's rate is calculated in accordance with promotion rules.

The employee's rate of pay on appointment to the SI-02 is $43,706, which is the 2^nd step of the salary scale.

The employee's subsequent increment is based on the date of appointment of September 3, 2002, and is effective on Wednesday, September 3, 2003.

B

Effective June 21, 2001

C

Effective June 21, 2002

B

C

B

Effective June 22, 2001

C

Effective June 22, 2002

B

C

Example 1: Subsequent appointment to a lower classification level

Monday, April 7, 2003: Commence acting assignment in an AS-03 position

An employee occupying a substantive AS-01 position who is earning $40,861, which is the 2^nd step of the salary scale is required to perform duties on an acting basis of a higher classification level as an AS-03 from April 7, 2003, to June 6, 2003, inclusive.

Based on the promotion rule, the acting pay is calculated at $47,015, which is the minimum.

Monday, May 5, 2003: Appointed to a new substantive lower classification of an AS-02

The employee is subsequently appointed to an AS-02 position on an indeterminate basis.

The acting assignment in the AS-03 position continues until Friday, June 6, 2003.

The salary on appointment is calculated from the AS-01 salary of $40,861, based on the promotion rule, and the rate of pay on appointment to the AS-02 is $43,863, the minimum.

The employee receives credit for increment purposes for the period of the acting assignment in the higher classification level, which is effective on April 7, 2003.

Monday, April 5, 2004: Increment in the substantive position

For increment purposes, since the appointment to the AS-02 position was to a lower classification than the acting assignment of the AS-03 position, the employee is considered as being appointed to the AS-02 position, which is effective on April 7, 2003.

The subsequent increment is calculated in accordance with the provisions specified in Section 7 of this module, which is effective on Monday, April 5, 2004.

AS-01

AS-02

AS-03

Example 2: Subsequent appointment to a lower classification level

Monday, March 4, 2002: Commence acting assignment as an AS-03

An employee occupying a substantive AS-01 position who is earning $39,864 which is the 2^nd step of the salary scale is required to perform the duties on an acting basis of a higher classification level as an AS-03 from March 4, 2002 to April 25, 2003, inclusive.

Based on the promotion rule, the acting pay is calculated at $45,868, which is the minimum.

Friday, June 21, 2002: Revisions in the substantive and acting positions

The employee's AS-01 substantive salary is revised from $39,864 to $40,861.

As per the Lajoie decision, no recalculation is performed for the acting salary, and the acting rate of pay of the AS-03 position is revised straight down from $45,868 to $47,015.

Monday, February 17, 2003: Increment in the AS-01 substantive position

The employee is due an increment in the AS-01 position and is entitled to be paid at $42,413, which is the 3^rd step of the salary scale.

The acting rate of pay of the AS-03 is recalculated. Based on the promotion rule, the acting pay is maintained at $47,015. The employee retains the increment period from the date on which the acting assignment commenced.

Monday, March 3, 2003: Increment in the higher classification AS-03 level

Since the increment received in the substantive position did not result in a higher rate of pay in the AS-03 position, the employee is entitled to an increment in the AS-03 position and is paid $48,802, the 2^nd step of the salary scale.

Saturday, April 26, 2003

The employee reverts back to the basic pay of $42,413, the 3^rd step of the AS-01 salary scale.

Monday, April 28, 2003: Appointed to a new substantive position AS-02, lower classification level

The employee is subsequently appointed to an AS-02 position on an indeterminate basis without a break of a compensation day.

The appointment is considered to be to a lower classification level. Therefore, the salary on appointment is calculated from the substantive AS-01 salary of $42,413, based on the promotion rule.

The rate of pay on appointment is $45,529, which is the 2^nd step of the AS-02 salary scale.

However, the employee is credited with the time spent in the acting AS-03 position towards the increment in the AS-02 position.

The salary on appointment to the AS-02 position is $47,260, the maximum of the AS-02 salary scale.

B

Effective June 21, 2001

C

Effective June 21, 2002

AS-01

B

C

AS-02

B

C

AS-03

B

C

Example 1: Subsequent appointment to a higher classification level

Monday, July 15, 2002: Commence acting assignment as an AS-03

An employee occupying a substantive AS-02 position who is earning $45,529, which is the 2^nd step of the salary scale is required to perform duties on an acting basis of a higher classification level as an AS-03 from July 15, 2002, to May 9, 2003, inclusive.

Based on the promotion rule, the acting pay is calculated at $48,802, the 2^nd step of the salary scale.

Monday, February 17, 2003: Increment in substantive position

The employee is due an increment in the AS-02 position and is paid $47,260, the maximum of the range.

As a result of the pay increment in the substantive position, the acting assignment to the AS-03 position is recalculated.

The recalculation causes an increase in the acting rate of pay, and the employee's salary is revised to $50,657, the maximum.

Monday, May 12, 2003: Subsequent acting assignment - higher classification level

The employee is subsequently required to perform the duties of a higher position as a SI-03 on an acting basis from May 12, 2003, to June 13, 2003, inclusive.

The salary for the acting assignment is calculated from the substantive position AS-02 salary of $47,260, based on the promotion rule. The rate of pay on appointment is $49,655, which is the 3^rd step of the salary scale.

However, since this rate is less than the previous acting rate of pay of $50,657, and the employee is appointed to a higher classification level (SI-03), the employee is paid at $51,029, which is the rate of pay nearest to but not less than the previous acting rate of pay.

AS-02

AS-03

SI-03

Example 2: Subsequent appointment to a higher classification level

Monday, July 15, 2002: Commence acting assignment in an AS-03 position

An employee occupying a substantive AS-02 position who is earning $43,863 is required to perform duties on an acting basis of a higher classification level as an AS-03 from July 15, 2002 to May 9, 2003, inclusive.

Based on the promotion rule, the acting pay for the AS-03 is calculated as $47,015, which is the minimum of the range.

Monday, February 17, 2003: Increment in the AS-02 substantive position and the AS-03 acting position

The employee is due an increment in the AS-02 position and is paid $45,529, which is the 2^nd step of the salary scale.

As a result of the pay increment in the substantive position, the AS-03 acting assignment rate of pay is recalculated and results in the employee's salary being revised to $48,802, which is the 2^nd step in the salary scale. The increment period for the higher classification of the AS-03 is therefore adjusted and calculated from the date of the last pay increment received in the substantive position.

Monday, May 12, 2003: Subsequent acting assignment in a SI-03 - a higher classification level

The employee subsequently performs the duties on an acting basis of a higher position as a SI-03 from May 12, 2003, to June 13, 2003, inclusive.

Based on the promotion rule, the salary for the acting assignment in the SI-03 position is calculated from the substantive AS-02 position salary of $45,529.

The acting salary of the SI-03 position is calculated as $48,276, the 2^nd step of the salary scale.

However, since there is no break of compensation day between the acting assignments, the acting rate of pay of $48,276 in the higher classification level cannot be less than the previous acting rate of pay of $48,802 of the AS-03 position. Therefore the employee is entitled to be paid at $49,655 of the SI-03 salary scale, which is the rate of pay nearest to but not less than the previous acting rate of pay in the AS-03 scale.

Monday, June 16, 2003: Appointed to a new substantive position as an AS-03 - a lower classification level

The last day in the higher classification level of the SI-03 is on Friday, June 13, 2003.

The employee is subsequently appointed to a lower classification in an AS-03 position on an indeterminate basis without a break of a compensation day between the acting assignment and the appointment.

Based on the promotion rule the salary on the appointment to the AS-03 position is calculated from $45,529, the salary of the substantive AS-02 position.

The salary on appointment to the AS-03 position is calculated at $48,802, which is the 2^nd step of the salary scale.

However, the employee receives credit of one increment step on Monday, February 17, 2003, since the subsequent period of the acting assignment was to a higher classification level. Therefore, in accordance with Section 46 (F)(c) of the PSTCER, the employee receives credit for increments.

The salary on appointment to the AS-03 position is $50,657, the maximum.

AS-02

AS-03

SI-03

Example 1: An employee in a specified period of less than three (3) months in receipt of acting pay

A full-time employee occupying an AS-01 position who is earning $44,026 is hired for a specified period of less than three (3) months from June 23, 2003 to September 12, 2003, inclusive.

The employee is required to perform the duties on an acting basis of a higher classification level in an AS-02 position from September 2, 2003, to September 12, 2003, inclusive. The employee's certificate of appointment is dated on September 2, 2003.

AS-01

AS-02

Example 2: An employee in a specified period of less than three (3) months, re-appointed to a specified period of three (3) months or more, in receipt of acting pay

The specified period of employment for the employee in Example 1 is extended from September 12, 2003 to December 26, 2003, inclusive. This changes the tenure from a specified period of less than three (3) months to a specified period of three (3) months or more, which is effective on September 12, 2003.

The acting duties of the higher classification level of the AS-02 are also extended to Friday, September 26, 2003. The employee's certificate of appointment is dated on September 11, 2003.

AS-01

AS-02

• AS-01 rate of pay is effective on September 12, 2003

• Difference between the maximums (AS-02 and AS-01)

• Since the difference between the maximums is $3,234, which is greater than the lowest pay increment of $1,666 of the AS-02, the acting assignment is based on the promotion rule. The employee's acting rate of pay is determined by adding the lowest pay increment of the AS-02 to the AS-01 salary. The employee is paid $47,260, which is the rate of pay nearest to but not less than $45,692.

Example 3: An employee in a specified period of less than three (3) months, reappointed to another specified period of less than three (3) months, in receipt of acting pay

The specified period of employment for the employee in Example 1 is extended for a specified period of less than three (3) months from September 12, 2003 to October 10, 2003, inclusive. The employee completes three (3) months of employment on Monday, September 22, 2003.

The acting duties of the higher position as an AS-02 are also extended to Friday, September 26, 2003. The employee's certificate of appointment is dated on September 11, 2003.

AS-01

AS-02

• AS-01 rate of pay is effective on September 23, 2003

• Difference between the maximums (AS-02 and AS-01)

• Since the difference between the maximums is $3,234, which is greater than the lowest pay increment of $1,666 of the AS-02, the acting assignment is based on the promotion rule. The employee's acting rate of pay is determined by adding the lowest pay increment of the AS-02 to the AS-01 salary. The employee is paid $47,260, which is the rate of pay nearest to but not less than $45,692.

Example 1: Liquidation of compensatory leave at the end of the fiscal year - Non-discretionary payment

An employee occupying a substantive EL-02 position is required to perform duties on an acting basis of a higher classification level as an EL-03 from January 6, 2003, to April 11, 2003, inclusive.

The qualifying period of the substantive position of three (3) consecutive working days is met, and the employee is paid acting pay.

Upon request from the employee and with the approval of the Employer, the overtime that was worked during the fiscal year 2002-2003, is compensated in time off in lieu of a cash payment.

On March 31, 2003, the employee had a compensatory leave balance of 45 hours and as per Article 25.08 (d) of the EL collective agreement signed on July 24, 2002:

Since the collective agreement does not specify the rate of pay at which the time off in lieu of overtime shall be paid, such rate shall be the rate prescribed in the certificate of appointment of the employee's substantive position, which is the EL-02 salary.

Example 2: Liquidation of compensatory leave at the end of the fiscal year - Non-discretionary payment

An employee occupying a substantive AS-02 position is required to perform duties on an acting basis of a higher classification level as a SI-03 from February 17, 2003, to April 11, 2003, inclusive.

The qualifying period of the substantive position of three (3) consecutive working days or shifts is met, and the employee is paid acting pay and is subject to the EC collective agreement.

Upon request from the employee and with the approval of the Employer, the overtime that was worked during the period of the acting assignment is compensated in equivalent leave with pay.

At the end of the 12 month period, which is determined by the Employer as being the fiscal year, the employee has a compensatory leave balance of 15 hours and as per Article 28.14 (b) of the EC collective agreement signed on June 27, 2001:

Since the collective agreement specifies the rate of pay at which the compensatory leave shall be paid, the compensatory leave balance of 15 hours will be paid effective on March 31, 2003, at the acting rate of pay of the SI-03 position.

Example 3: Liquidation of travelling time at the end of the fiscal year - Non-discretionary payment

An employee occupying a substantive BI-02 position is required to perform duties on an acting basis of a higher classification level as a BI-03 from December 15, 2003, to December 17, 2004, inclusive.

The qualifying period of the substantive position of three (3) consecutive working days is met, and the employee is paid acting pay.

During the acting assignment, the employee is required to travel outside the headquarters area on government business. The employee is away from the permanent residence for 40 nights during the fiscal year 2003-2004, and was granted seven decimal five (7.5) hours off with pay for travelling time.

As per Article 13.09 (c) and Article 9.06 of the AP collective agreement signed on September 26, 2003, the following applies:

Since the collective agreement does not specify the rate of pay at which the compensatory leave earned in the fiscal year 2003-2004 and outstanding on September 30, 2004 (2004-2005), the employee shall be paid at rate prescribed in the certificate of appointment of the employee's substantive position, which is the BI-02 salary.

Example 4: Liquidation of compensatory leave earned during the fiscal year - Discretionary payment

An employee occupying a substantive AS-02 position is required to perform duties, on an acting basis, of a higher classification level as a SI-03 from February 17, 2003, to April 11, 2003, inclusive.

The qualifying period of the substantive position of three (3) consecutive working days is met, and the employee is paid acting pay.

Upon request from the employee and with the approval of the Employer, the overtime that is worked during the fiscal year 2002-2003, is compensated as time off in lieu of cash payment.

On February 24, 2003, the employee requests to be remunerated for the balance of 30 hours of compensatory leave. The 30 hours of compensatory leave was earned during July 2002, while occupying the AS-02 substantive position. The employer approved the request.

Since the collective agreement is silent on the pay entitlement, Section 47.(C)(b)(i) of the PSTCER is applicable, and the employee is remunerated at the rate of pay in effect at the time when the overtime was worked. The employee will be remunerated at the substantive rate of pay as an AS-02.

Example: Determining the rate of pay for payment of the maternity allowance

A full-time employee occupying a ST-SCY-03 position who is earning $36,711, which is the 2^nd step of the salary scale, is required to perform duties on an acting basis of a higher classification level as a CR-04 from December 9, 2002, to June 13, 2003, inclusive. The employee's certificate of appointment is dated December 5, 2002.

The employee proceeds on maternity leave without pay, which is effective on Monday, April 14, 2003.

As per Article 38.02 (h) of the PA collective agreement, the weekly rate of pay used for the maternity allowance payments is that of the higher classification level. In this example, this is the CR-04 rate of pay, since the employee on the day immediately preceding the commencement of maternity leave without pay had been on an acting assignment for at least four (4) months.

The CR-04 rate of pay applies to the entire period during which the maternity allowances are paid, even though the acting assignment concludes during the maternity period.

Example: Substantive bilingual position acting in a unilingual position

A full-time employee occupying a ST-SCY-03 bilingual imperative position and in receipt of $800 for the bilingualism bonus who is earning $36,711, is required to perform the duties on an acting basis of a higher classification level of a unilingual CR-04 position from April 14, 2003 to October 31, 2003, inclusive.

• ST-SCY-03 rate of pay is effective on April 14, 2003

$36,711 (2^nd step)

• Difference between the maximums (CR-04 and ST-SCY-03)

$585 ($39,349 - $38,764)

• Since the difference between the maximums is $585, which is less than the lowest pay increment of $962 of the CR-04, the appointment is a deployment or transfer by appointment. The employee is paid $37,421, which is the rate of pay nearest to but not less than the rate received previously.

$37,421 (2^nd step)