Health Services (SH)

**Article 1: purpose of agreement

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 recognize the important and unique role of health professionals and share a desire to improve the quality of the public service of Canada, to maintain professional standards in the delivery of health services 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 units are employed.

**Article 2: interpretation and definitions

2.01 For the purpose of this agreement:

“bargaining unit” (« unité de négociation »)

means the employees of the Employer in the group described in Article 25 (recognition);

**

“common-law partner” (« conjoint de fait »)

means a person cohabiting in a conjugal relationship with an employee for a continuous period of at least one (1) year;

“compensatory leave” (« congé compensatoire »)

means leave with pay in lieu of the payment for overtime, work performed on a designated holiday, travelling time compensated at overtime rate and call-back. The duration of such leave will be equal to the time compensated or the minimum time entitlement multiplied by the applicable overtime rate. The rate of pay to which an employee is entitled during such leave shall be based on the employee’s hourly rate of pay as calculated from the classification prescribed in the employee’s certificate of appointment on the day immediately prior to the day on which leave is taken;

“continuous employment” (« emploi continu »)

has the same meaning as specified in the Directive on Terms and Conditions of Employment on the date of signing of this agreement;

“daily rate of pay” (« taux de rémunération journalier »)

means an employee’s weekly rate of pay divided by five (5);

“day of rest” (« jour de repos »)

in relation to an employee means a day, other than a designated paid holiday, on which that employee is not ordinarily required to perform the duties of their position other than by reason of the employee being on leave;

“designated paid holiday” (« jour férié désigné payé »)

means the twenty-four (24) hour period commencing at 00:01 hours of a day designated as a holiday in this agreement;

“double time” (« tarif double »)

means two (2) times the employee’s hourly rate of pay;

“employee” (« personne salariée »)

means a person so defined by the Federal Public Sector Labour Relations Act and who is a member of the bargaining unit;

“Employer” (« Employeur »)

means His Majesty in right of Canada as represented by the Treasury Board, and includes any person authorized to exercise the authority of the Treasury Board;

“headquarters area” (« région du lieu d’affectation »)

has the same meaning as given to the expression in the Travel Directive;

“hourly rate of pay” (« taux de rémunération horaire »)

means a full-time employee’s weekly rate of pay divided by thirty-seven decimal five (37.5);

“Institute” (« Institut »)

means the Professional Institute of the Public Service of Canada;

“layoff” (« mise en disponibilité »)

means the termination of an employee’s employment because of lack of work or because of the discontinuance of a function;

“leave” (« congé »)

means authorized absence from duty;

“membership dues” (« cotisations syndicales »)

means the dues established pursuant to the by-laws and regulations of the Institute as the dues payable by its members as a consequence of their membership in the Institute, and shall not include any initiation fee, insurance premium, or special levy;

“overtime” (« heures supplémentaires »)

means work required by the Employer, to be performed by the employee in excess of their daily hours of work;

**

“sibling”

refers to the employee’s sisters and brothers (« fratrie »);

“spouse” (« époux »)

will, when required, be interpreted to include “common-law partner” except, for the purposes of the Foreign Service Directives, the definition of “spouse” will remain as specified in Directive 2 of the Foreign Service Directives;

“straight-time rate” (« tarif normal »)

means the employee’s hourly rate of pay;

“time and one half” (« tarif et demi »)

means one and one half (1 1/2) times the employee’s hourly rate of pay;

“weekly rate of pay” (« taux de rémunération hebdomadaire »)

means an employee’s annual rate of pay divided by 52.176.

2.02 Except as otherwise provided in this agreement, expressions used in this agreement,

1. if defined in the Federal Public Sector Labour Relations Act, have the same meaning as given to them in the Federal Public Sector Labour Relations Act,
   and
2. if defined in the Interpretation Act, but not defined in the Federal Public Sector Labour Relations Act, have the same meaning as given to them in the Interpretation Act.

Article 3: official texts

3.01 Both the English and French texts of this agreement shall be official.

**Article 4: application

4.01 The provisions of this agreement apply to the Institute, employees and the Employer.

**

4.02 The provisions of this agreement are intended to be gender-neutral and inclusive wherever possible. The binary nature of the French language does not always allow the designation of a person or a group by a neutral pronoun. The use of gender-neutral and gender-inclusive language in this agreement is not intended to change, under any circumstances, the application, scope of value of any provision of this agreement.

Article 5: management rights

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.

Article 6: rights of employees

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.

Article 7: publications and authorship

Preamble

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

1. The Employer may suggest revisions to a publication and may withhold approval to publish.
2. When approval for publication is withheld, the author(s) shall be so informed in writing of the reasons, if requested by the employee.
3. Where the Employer wishes to make changes in a publication with which the author does not agree, the employee shall not be credited publicly if the employee so requests.

**Article 8: hours of work and 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.

Clauses 8.02 to 8.07 do not apply to NU employees on shift work

8.02 Hours of work: general

1. This paragraph does not apply to the DE, MD and NU Groups.

   The scheduled workweek shall be thirty-seven decimal five (37.5) hours and the scheduled workday shall be seven decimal five (7.5) consecutive hours, exclusive of a meal period, between the hours of 6:00 am and 6:00 pm. The normal workweek shall be Monday to Friday inclusive.

2. Subparagraphs (i) to (v) apply to the NU Group only.
   1. For employees engaged in non-shift work, the normal workweek shall be thirty-seven decimal five (37.5) hours and the normal workday shall be seven decimal five (7.5) consecutive hours, exclusive of a meal period, between the hours of 6:00 am and 6:00 pm.
   2. When normal hours, other than those provided in subparagraph 8.02(b)(i), are in existence when this agreement is signed, the Employer, on request, will consult with the Institute on such hours of work and in such consultation establish that such hours are required to meet the needs of the public and/or the efficient operation of the service. Where normal hours are to be changed so that they are different from those specified in paragraph 8.02(b), the Employer, except in cases of emergency, will consult in advance with the Institute on such hours of work and, in such consultation, will establish that such hours are required to meet the needs of the public and/or the efficient operation of the Service.
   3. It is understood that consultation may be held at the local level and will be referred to the appropriate Employer and Institute levels before implementation.
   4. Within five (5) days of notification of consultation served by either party, the Institute shall notify the Employer in writing of the representative authorized to act on behalf of the Institute for consultation purposes.
   5. When operational requirements permit, an employee shall not be scheduled to work in excess of fifty-two decimal five (52.5) hours without at least two (2) consecutive days of rest.
3. Subparagraphs (i) to (iii) apply to the DE and MD Groups only.
   1. The normal hours of work shall average thirty-seven decimal five (37.5) hours per week over each four (4) week period. Subject to the approval of the Employer, the hours of work shall be arranged to suit an employee’s individual duties.
   2. A reconciliation of hours of work will be made by the employee and the immediate supervisor for each four (4) week period. In computing the hours of work within the period, vacation and other leaves of absence will account for seven decimal five (7.5) hours per day.
   3. Where operational requirements permit, the normal workweek shall be Monday through Friday.
4. This paragraph only applies to ND-DITs in hospitals.

The workweek of Dieticians, in the ND Group, employed in hospitals may be varied to accommodate local operational requirements provided that such variations are not contrary to the provisions of clause 8.04.

8.03 Flexible hours

This clause does not apply to employees in the MD and DE Groups.

**

Upon the 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). These hours may start before 6 am and/or finish after 6 pm.

**

Notwithstanding anything to the contrary contained in this agreement, the implementation of any variation in hours shall not result in additional costs to the Employer, 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.

8.04 Days of rest

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 Monthly attendance registers

Employees will submit monthly attendance registers; only those hours of overtime and absences need be specified.

8.06 Compressed work schedule

**

Notwithstanding the provisions of this article, upon request of an employee and the concurrence of the Employer, an employee may complete their weekly hours of employment in a period of other than five (5) full days provided that over a period of up to twenty-eight (28) calendar days the employee works an average of thirty-seven decimal five (37.5) hours per week. These hours may start before 6 am and/or finish after 6 pm. As part of the provisions of this clause, attendance reporting shall be mutually agreed between the employee and the Employer. In every period of up to twenty-eight (28) days, the employee shall be granted days of rest on such days as are not scheduled as a normal workday for the employee.

**

Notwithstanding anything to the contrary contained in this agreement, the implementation of any variation in hours shall not result in additional costs to the Employer, 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.

Implementation of this clause is subject to Article 46 (variation in hours of work).

8.07 When operational requirements permit, two (2) rest periods of fifteen (15) minutes each shall be provided during each normal workday.

Clauses 8.08 to 8.25 apply only to NU employees on shift work

8.08 Shift work: definitions

1. “shift schedule” means the arrangement of shifts over a given period of time and includes days of rest and designated paid holidays;
2. “shift work” means rotation through two (2) or more periods of eight (8) hours or longer where operational requirements necessitate sixteen (16) or twenty-four (24) hours coverage each day or where the requirements of the position would normally necessitate rotation but the employee, with the approval of the Employer, works on permanent evening or night duty.

8.09 Scheduled workweek and scheduled workday

Hours of work shall be scheduled so that employees, over a minimum period of four (4) weeks’ work:

1.  
   1. an average of thirty-seven decimal five (37.5) hours per week,
      and
   2. an average of five (5) days per week;
2. seven decimal five (7.5) hours per day;
3. the commencement and/or end of each shift may be varied by fifteen (15) minutes to provide for the continuity of care and/or an appropriate length of the meal period;
4. the daily hours of work shall be consecutive and exclusive of meal periods;
5.  
   1. notwithstanding subparagraph 8.09(a)(ii) and paragraph 8.09(b), upon the request of a three-quarters majority of the employees affected and with the concurrence of the Employer, hours of work may be modified provided no shift exceeds twelve (12) hours or is less than seven decimal five (7.5) hours;
   2. implementation of subparagraph 8.09(e)(i) is subject to Article 46 (variation in hours of work).

8.10

1. When operational requirements permit, an employee shall receive four (4) days’ rest in every two (2) week period and scheduled so that two (2) consecutive days of rest are received at a time. Upon request of an employee and with the concurrence of the Employer, the employee’s days of rest may be split.
2. Employees shall receive one (1) out of two (2) weekends (Saturday and Sunday) off duty, except:
   1. when other scheduling is authorized by mutual agreement,
   2. in the Correctional Service of Canada, wherever possible, employees shall receive one (1) out of two (2) weekends off duty. However, employees shall be granted one (1) out of three (3) weekends off duty.
3. An employee may meet with local management to offer scheduling suggestions to provide the maximum number of weekends off duty.

8.11 Where an employee’s scheduled shift does not commence and end on the same day, such shift shall be considered for all purposes to have been entirely worked:

1. on the day it commenced where half (1/2) or more of the hours worked fall on that day,
   or
2. on the day it terminates where more than half (1/2) of the hours worked fall on that day.

Accordingly, the first (1st) day of rest will be considered to start immediately after midnight of the calendar day on which the employee worked or is considered to have worked their last scheduled shift; and the second (2nd) day of rest will start immediately after midnight of the employee’s first (1st) day of rest, or immediately after midnight of an intervening designated paid holiday if days of rest are separated thereby.

8.12 The standard shift cycle will be scheduled as follows:

• 12 midnight to 8 am
• 8 am to 4 pm
• 4 pm to 12 midnight

or

• 11:30 pm to 7:30 am
• 7:30 am to 3:30 pm
• 3:30 pm to 11:30 pm

or

• 11:00 pm to 7:00 am
• 7:00 am to 3:00 pm
• 3:00 pm to 11:00 pm

8.13

1. Where standard shift cycles are to be changed so that they are different from those specified in clause 8.12, the Employer, except in cases of emergency, will consult in advance with the Institute on the timing of such cycles and in such consultation establish that such cycles are required to meet the needs of the public and/or the efficient operation of the service.
2. It is understood that consultation may be held at the local level and will be referred to the appropriate Employer/Institute levels before implementation.
3. It is understood by the parties that the provisions of clause 8.12 will not be applicable in respect of employees whose workweek is less than thirty-seven decimal five (37.5) hours per week.

8.14 Scheduling of shifts

**

The Employer shall set up a shift schedule which shall cover a minimum period of four (4) weeks, posted three (3) weeks in advance, which will cover the normal requirements of the work area.

8.15

1. The staffing, preparation, posting and administration of shift schedules are the responsibility of the Employer.
2. When a change in the shift schedule is required, the Employer shall make every reasonable effort to notify employees on leave before they return to work.

8.16 Provided sufficient advance notice is given and with the approval of the Employer, employees may exchange shifts if there is no increase in cost to the Employer.

8.17 Every reasonable effort shall be made by the Employer to consider the wishes of the majority of employees concerned in the arrangements of shifts within a shift schedule. Consideration shall be given to an employee’s request for permanent evening or night duty.

8.18 An employee who normally rotates shifts shall be scheduled to work the majority of shifts on day duty whenever possible. For purposes of verification, a period of twelve (12) complete weeks commencing with the start of a shift schedule will be used or such longer period as may be mutually agreeable with the staff concerned.

8.19 There shall be a time period of at least fifteen (15) hours elapsing between changes to scheduled shifts, except in cases of emergency. Upon request of an employee, and with the concurrence of the Employer, the time period elapsing between changes to scheduled shifts may be shorter than fifteen (15) hours.

8.20

1. An employee who is required to change their scheduled shift without receiving at least seventy-two (72) hours’ notice in advance of the starting time of such change in the scheduled shift, shall be paid for the first (1st) shift worked on the revised schedule at the rate of time and one half (1 1/2). Subsequent shifts worked on the revised schedule shall be paid for at the hourly rate of pay.
2. In addition, where an employee reports for work without notice of a change in their shift schedule, the employee shall receive four (4) hours’ pay at straight time, should their service not be required.
3. When a change in the shift schedule is required, the Employer shall make every reasonable effort to personally notify employees on leave before they return to work.

8.21 Notwithstanding anything to the contrary contained in this agreement, the implementation of any variation in hours (subparagraph 8.09(e)(i)) 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.

8.22 Within five (5) days of notification of consultation served by either party, the Institute shall notify the Employer in writing of the representative authorized to act on behalf of the Institute for consultation purposes.

8.23 Where operational requirements permit the meal period will be as close to the middle of the shift as possible and will be taken at a location other than the place of duty.

8.24 When operational requirements permit, two (2) rest periods of fifteen (15) minutes each shall be provided during each normal workday.

8.25 When operational requirements permit, an employee shall not be scheduled to work in excess of fifty-two decimal five (52.5) hours without at least two (2) consecutive days of rest. Upon request of an employee and with the concurrence of the Employer, the employee’s days of rest may be split.

**Article 9: overtime

9.01 When an employee is required by the Employer to work overtime, the employee shall be compensated as follows:

Paragraphs 9.01(a) and 9.01(b) do not apply to the MD and DE Groups

1.  
   1. time and one half (1 1/2), except as provided for in subparagraph 9.01(a)(ii);
   2. double (2) time for all hours of overtime worked in excess of seven decimal five (7.5) consecutive hours of overtime in any contiguous period, and for all hours worked on the second (2nd) or subsequent day of rest. Second or subsequent day of rest means the second (2nd) or subsequent day in an unbroken series of consecutive and contiguous calendar days of rest;
   3. notwithstanding subparagraph (ii) above, if, in an unbroken series of consecutive and contiguous calendar days of rest, the Employer permits the employee to work the required overtime on a day of rest requested by the employee, then the compensation shall be at time and one half (1 1/2) for the first day worked.
2. on a holiday, 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:
   1. one and one half (1 1/2) times the employee’s hourly rate of pay for the first (1st) seven decimal five (7.5) hours worked;
      and
   2. two (2) times the employee’s hourly rate of pay for hours worked in excess of seven decimal five (7.5) hours;
   3. when an employee works on a holiday following a day of rest on which the employee also worked and received overtime in accordance with subparagraph 9.01(a)(ii), 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.
3. This paragraph applies to the MD and DE Groups only.

   When an employee is required by the Employer to work overtime, the employee shall be compensated at the rate of one and one half (1 1/2) times the employee’s hourly rate of pay for each hour worked in excess of the normal hours of work for each four (4) week period.

9.02 All calculations for overtime shall be based on each completed period of fifteen (15) minutes.

9.03 Except in cases of emergency, call-back, standby or mutual agreement the Employer shall whenever possible give at least twelve (12) hours’ notice of any requirement for the performance of overtime.

9.04 Upon application by the employee and at the discretion of the Employer, or at the request of the Employer and the concurrence of the employee, 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 September 30 of the next following fiscal year shall be paid at the employee’s hourly rate of pay on September 30.

9.05 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 (1st) pay period after September 30 of the next following fiscal year.

9.06

1. An employee who works three (3) or more hours of overtime immediately before or immediately following the employee’s scheduled hours of work shall be reimbursed for one meal in the amount of twelve dollars ($12.00), except where free meals are provided. Reasonable time with pay, to be determined by the Employer, shall be allowed the employee in order to take a meal either at or adjacent to the employee’s place of work.
2. When an employee works overtime continuously extending four (4) hours or more beyond the period provided in (a) above, the employee shall be reimbursed for one additional meal in the amount of twelve dollars ($12.00) except where free meals are provided. Reasonable time with pay, to be determined by the Employer, shall be allowed the employee in order that the employee may take a meal break either at or adjacent to the employee’s place of work.

**

3. Paragraphs 9.06(a) and (b) shall not apply to an employee who is in travel status which entitles the employee to claim expenses for lodging and/or meals or to an employee who has obtained authorization to work at the employee’s residence or at another place to which the Employer agrees.

9.07

1. Subject to operational requirements of the service and except in case of emergency, the Employer shall make every reasonable effort to avoid excessive overtime and to allocate overtime work on an equitable basis among readily available employees who are deemed qualified by the Employer.
2. Provided provisions of paragraph 9.07(a) are met, the Employer endeavours to allocate overtime first to those employees who have indicated a willingness to work overtime.

**Article 10: standby

10.01 When the Employer requires an employee to be readily available on standby during off-duty hours an 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.

10.02 An employee on standby who is called in to work by the Employer and who reports for work shall be compensated in accordance with those clauses of Article 11 (call-back), which are applicable to them.

**

10.03 An employee required to be on standby duty shall be available during their period of standby at a known telephone number or other agreed method of communication and be readily able to return for duty as quickly as possible if contacted.

10.04 No standby duty payment shall be granted if any employee is unable to report for duty when required.

**Article 11: call-back

11.01 This clause does not apply to DE and MD Groups

When an employee is called back to work or when an employee who is on standby duty is called back to work by the Employer any time outside their normal working hours the employee shall be entitled to the greater of:

1. a minimum of three (3) hours’ pay at the applicable overtime,
   or
2. compensation at the applicable overtime rate for each hour worked.

11.02 An employee who receives a call to duty or responds to a telephone or data line call while on standby duty, may at the discretion of the Employer, work at the employee’s residence or at another place to which the Employer agrees. In such instances, the employee shall be paid the greater of:

1. compensation at the applicable overtime rate for any time worked,
   or
2. compensation equivalent to two (2) hours’ pay at the straight-time rate, which shall apply only the first time an employee performs work during an eight (8) hour period, starting when the employee first commences the work.

**

For greater clarity, this clause does not apply to Nurse Practitioners and employees of the Indigenous Services Canada in the NU Group at nursing stations, health centres and health stations.

11.03 This clause applies to the NU Group only

**

With respect to Nurse Practitioners and employees of Indigenous Services Canada in the NU Group at nursing stations, health centres and health stations, when there is no on-duty supervision, call-back calculated in accordance with clause 11.01 will be paid once in each three (3) hour period.

11.04 Upon application by the employee and at the discretion of the Employer, or at the request of the Employer and the concurrence of the employee, 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 September 30 of the next following fiscal year shall be paid at the employee’s hourly rate of pay on September 30.

11.05 When an employee is called back to work under the conditions described in clause 11.01 and is required to use transportation services other than normal public transportation services the employee shall be reimbursed for reasonable expenses incurred as follows:

1. the kilometric rate normally paid by the Employer where the employee travels by means of their own automobile;
   or
2. out-of-pocket expense for other means of commercial transportation.

11.06 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 (1st) pay period after September 30 of the next following fiscal year.

Clause 11.07 applies to the DE and MD Groups only

11.07 When an employee is called back to work without prior notice at any time outside their normal hours of work, for work not contiguous to their normal hours of work, the employee shall be entitled to the greater of:

1. Credit for all hours worked for the purpose of:
   1. subparagraph 8.02(c)(i),
      or
   2. paragraph 9.01(c) if the hours worked are in excess of the normal hours of work for the applicable four (4) week period,

   or

2. A minimum:
   1. credit of four (4) hours of work for the purpose of subparagraph 8.02(c)(i),
      or
   2. four (4) hours’ pay at the employee’s hourly rate of pay if the hours worked are in excess of the normal hours of work for the applicable four (4) week period,

   except that either minimum shall only apply once during a single period of eight (8) hours.

**Article 12: designated paid holidays

For greater certainty, full-time employees who do not work on a designated paid holiday are entitled to seven decimal five (7.5) hours’ pay at the straight-time rate.

12.01 Subject to clause 12.02, the following days shall be designated paid holidays for employees:

1. New Year’s Day,
2. Good Friday,
3. Easter Monday,
4. the day fixed by proclamation of the Governor in Council for celebration of the Sovereign’s birthday,
5. Canada Day,
6. Labour Day,

**

7. National Day of Truth and Reconciliation,
8. the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,
9. Remembrance Day,
10. Christmas Day,
11. Boxing Day,
12. one additional day in each year that, in the opinion of the Employer, is recognized to be a provincial or civic holiday in the area in which the employee is employed or in any area where, in the opinion of the Employer, no such day is recognized as a provincial or civic holiday, the first (1st) Monday in August,
    and
13. one additional day when proclaimed by an act of Parliament as a national holiday.

12.02 An employee absent without pay on both their full working day immediately preceding and their 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 30 (leave for labour relations matters).

12.03 Designated paid holiday falling on a day of rest

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 (1st) 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:

1. work performed by an employee on the day from which the holiday was moved shall be considered as work performed on a day of rest,
   and
2. work performed by an employee on the day to which the holiday was moved, shall be considered as work performed on a holiday.

12.05 Compensation for work on a designated paid holiday

Paragraph 12.05(a) does not apply to the NU Group

1. Compensation for work on a designated paid holiday will be in accordance with Article 9 (overtime).

Paragraphs 12.05(b) and 12.05(c) apply only to the NU Group

2. Entitlement

   On a designated paid holiday, an employee shall be entitled, in addition to the pay the employee would have been granted had the employee not worked on the holiday:

   1.  
      1. one and one half (1 1/2) times the employee’s hourly rate of pay for the first (1st) seven decimal five (7.5) hours worked;
         and
      2. two (2) times the employee’s hourly rate of pay for hours worked in excess of seven decimal five (7.5) hours;

      or

   2. when an employee works on a holiday following a day of rest on which the employee also worked and received overtime in accordance with subparagraph 9.01(a)(ii), two (2) times the employee’s hourly rate of pay for all time worked.
3. Compensation

   The entitlement earned according to paragraph 12.05(b) shall be compensated:

   1.  
      1. by a payment;
         or
      2. upon request and with the approval of the Employer, or at the request of the Employer and the concurrence of the employee, in the form of compensatory leave with pay. Compensatory leave earned in a fiscal year and outstanding on September 30 of the next following fiscal year shall be paid at the employee’s hourly rate of pay on September 30;
         or
      3. upon request and with the approval of the Employer, or at the request of the Employer and the concurrence of the employee, a combination of a payment and a lieu day, as follows:
         1. leave with pay (straight-time rate of pay) to be taken at a later date comprising; a day (7.5 hours) in lieu of the holiday;
         2. plus, if the employee’s normal scheduled daily hours are greater than seven decimal five (7.5) hours, the number of hours equal to the difference between the employee’s normal scheduled daily hours and seven decimal five (7.5) hours;
            and
         3. payment for the entitlement not already compensated under subparagraph 12.05(c)(i)(C)(I).
   2. Subject to operational requirements and adequate advance notice, the Employer shall grant leave with pay mentioned in subparagraph 12.05(c)(i)(C) at such times as the employee may request.
   3. When in a fiscal year an employee has not been granted all of their leave with pay mentioned in subparagraph 12.05(c)(i)(C) as requested by the employee such leave shall be carried over for one (1) year at the employee’s request.
   4. In the absence of such request, unused leave with pay shall be paid off at the employee’s straight-time rate of pay in effect when the leave with pay was earned.

12.06 Designated paid holiday coinciding with a day of paid leave

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.

12.07 Subject to operational requirements, when an employee works both Christmas Day and Boxing Day of the same year, the Employer will endeavour not to schedule the employee for the same days in the following year, provided there is no additional cost to the Employer and unless otherwise requested by the employee.

**Article 13: travelling time

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:

1. On a normal working day on which the employee travels but does not work, the employee shall receive their regular pay for the day.
2. On a normal working day on which the employee travels and works, the employee shall be paid:
   1. their regular pay for the day for a combined period of travel and work not exceeding seven decimal five (7.5) hours,
      and

   **

   2. at the applicable overtime rate for additional travel time in excess of a seven decimal five (7.5) hour period of work and travel, with a maximum payment for such additional travel time not to exceed fifteen (15) hours’ pay at the straight-time rate in any day.

**

3. On a day of rest or on a designated paid holiday, the employee shall be paid at the applicable overtime rate for hours travelled to a maximum of fifteen (15) hours’ pay at the straight-time rate.

13.02 For the purpose of clause 13.01, the travelling time for which an employee shall be compensated is as follows:

1. For travel by public transportation, the time between the scheduled time of departure and the time of arrival at a destination, including the normal travel time to the point of departure, as determined by the Employer.
2. For travel by private means of transportation, the normal time as determined by the Employer, to proceed from the employee’s place of residence or workplace, as applicable, direct to the employee’s destination and, upon their return, direct back to the employee’s residence or workplace.
3. In the event that an alternate time of departure and/or means of travel is requested by the employee, the Employer may authorize such alternate arrangements in which case compensation for travelling time shall not exceed that which would have been payable under the Employer’s original determination.

13.03 All calculations for travelling time shall be based on each completed period of fifteen (15) minutes.

13.04 Upon application by the employee and at the discretion of the Employer, or at the request of the Employer and the concurrence of the employee, 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 September 30 of the next following fiscal year shall be paid at the employee’s hourly rate of pay on September 30.

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 (1st) pay period after September 30 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 articles on hours of work, overtime and designated paid holidays.

13.07 Travelling time shall include time necessarily spent at each stopover en route provided that such stopover 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 Article 18 (career development).

13.09 Travel status leave

**

1. An employee who is required to travel outside their headquarters area on government business, as these expressions are defined by the Employer, and is away from their permanent residence for twenty (20) nights during a fiscal year shall be granted seven decimal five (7.5) hours of time off with pay. The employee shall be credited with one (1) additional seven decimal five (7.5) hours of time off for each additional twenty (20) nights that the employee is away from their permanent residence to a maximum of eighty (80) additional nights.
2. The maximum number of hours off earned under this clause shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year and shall accumulate as compensatory leave with pay.
3. This leave with pay is deemed to be compensatory leave and is subject to the Article 9.04.
4. The provisions of this clause do not apply when the employee travels to attend courses, training sessions, professional conferences and seminars, unless the employee is required by the Employer.

13.10 When an employee is required to work in more than one location during a period of duty, transportation between such locations shall be provided, or paid for, by the Employer.

13.11 When an employee is required to report for work and reports under the conditions described in paragraph 9.01(a) and clause 10.01, and is required to use transportation services other than normal public transportation services, the employee shall be reimbursed for reasonable round trip expenses incurred as follows:

1. kilometric rate at the rate normally paid to an employee when authorized by the Employer to use the employee’s automobile when the employee travels by means of their own automobile,
   or
2. out-of-pocket expenses for other means of commercial transportation.

**Article 14: leave, general

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 layoff, the employee is considered to have earned the amount of leave with pay granted to the employee.

**

14.02 An employee who does not have access to their leave balances is entitled, twice in each fiscal year, to be informed, upon request, of the balance of their 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 they are on leave without pay, on educational leave or under suspension.

14.06

1. When an employee becomes subject to this agreement, their earned daily leave credits shall be converted into hours. When an employee ceases to be subject to this agreement, their earned hourly leave credits shall be reconverted into days, with one day being equal to seven decimal five (7.5) hours.
2. Earned leave credits or other leave entitlements shall be equal to seven decimal five (7.5) hours per day.
3. When leave is granted, it will be granted on an hourly basis and the number of hours debited for each day of leave shall be equal to the number of hours of work scheduled for the employee for the day in question.
4. Notwithstanding the above, in clause 17.02 (bereavement leave with pay), a “day” will mean a calendar day.

**

14.07 An employee shall not earn or be granted leave credits under this agreement in any month nor in any fiscal year for which leave has already been credited or granted to them under the terms of any other collective agreement or under other rules or regulations applicable to organizations within the federal public administration, as specified in Schedule I, Schedule IV or Schedule V of the Financial Administration Act.

**Article 15: vacation leave

15.01 The vacation year shall be from April 1 to March 31, inclusive.

15.02 Accumulation of vacation leave credits

An employee shall earn vacation leave credits at the following rate for each calendar month during which the employee receives pay for at least seventy-five (75) hours:

Paragraph 15.02(a) applies only to the MD Group

1. twelve decimal five (12.5) hours until the month in which the employee’s sixteenth (16th) anniversary of service occurs;

Paragraphs 15.02(b) and (c) do not apply to the MD Group

2. nine decimal three seven five (9.375) hours until the month in which the employee’s first (1st) anniversary of service occurs;
3. twelve decimal five (12.5) hours commencing with the month in which the employee’s first (1st) anniversary of service occurs;

**

4. thirteen decimal seven five (13.75) hours commencing with the month in which the employee’s fifteenth (15th) anniversary of service occurs;
5. fourteen decimal four (14.4) hours commencing with the month in which the employee’s seventeenth (17th) anniversary of service occurs;
6. fifteen decimal six two five (15.625) hours days commencing with the month in which the employee’s eighteenth (18th) anniversary of service occurs;
7. sixteen decimal eight seven five (16.875) hours per month commencing with the month in which the employee’s twenty-seventh (27th) anniversary of service occurs;
8. eighteen decimal seven five (18.75) hours per month commencing with the month in which the employee’s twenty-eighth (28th) anniversary of service occurs.

15.03

**

1. For the purpose of clauses 15.02 and 15.18 only, all service within the public service, whether continuous or discontinuous, shall count toward vacation leave except where a person who, on leaving the public service, takes or has taken severance pay. However, the above exception shall not apply to an employee who receives severance pay on layoff and is reappointed to the public service within one (1) year following the date of layoff.
2. For the purpose of paragraph 15.03(a) only, effective April 1, 2012, on a going-forward basis, any former service in the Canadian Forces for a continuous period of six (6) months or more, either as a member of the Regular Force or of the Reserve Force while on Class B or C service, shall also be included in the calculation of the vacation leave credits.

For greater certainty, severance payments taken under clauses 19.05 to 19.08, or similar provisions in other collective agreements, do not reduce the calculation of service for persons who have not yet left the public service.

15.04 Entitlement to vacation leave with pay

An employee is entitled to vacation leave with pay to the extent of the earned credits but an employee who has completed six (6) months of continuous employment may receive an advance of credits equivalent to the anticipated credits for the current vacation year.

15.05 Approval, denial or cancellation of a request for vacation leave

The Employer shall give an employee as much notice as is practicable and reasonable of approval, denial or cancellation of a request for vacation. In the case of denial, alteration or cancellation of such leave, the Employer shall give the written reason thereof, upon written request from the employee.

15.06 Provision for vacation leave

In order to maintain operational requirements, the Employer reserves the right to schedule an employee’s vacation leave but shall make every reasonable effort:

1. to provide an employee’s vacation leave in an amount and at such time as the employee may request;
2. not to recall an employee to duty after they have proceeded on vacation leave.

15.07 Replacement of vacation leave

Where, in respect of any period of vacation leave, an employee:

1. is granted bereavement leave,
   or

**

2. is granted sick leave,
   or
3. is granted leave with pay because of illness in the immediate family,

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.

15.08 Carry-over

1. Where in any vacation year an employee has not been granted all the vacation leave credited to them, the unused portion of the vacation leave shall be carried over.
2. Liquidation

   During any vacation year, upon application by the employee and at the discretion of the Employer earned but unused vacation leave credits shall be compensated at the employee’s hourly rate of pay as calculated from the classification prescribed in the employee’s certificate of appointment of their substantive position on March 31.

15.09 Recall from vacation leave

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, that the employee incurs:

1. in proceeding to the place of duty,
   and
2. in returning to the place from which the employee was recalled if the employee immediately resumes vacation upon completing the assignment for which the employee was recalled,

after submitting such accounts as are normally required by the Employer.

15.10 The employee shall not be considered as being on vacation leave during any period in respect of which the employee is entitled under clause 15.09 to be reimbursed for reasonable expenses incurred by him.

15.11 Cancellation or alteration of vacation leave

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.

15.12 Leave when employment terminates

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 to the employee’s credit by the hourly rate of pay as calculated from the classification prescribed in the employee’s certificate of appointment on the date of the termination of employment.

15.13 Vacation leave credits for severance pay

Where the employee requests, the Employer shall grant the employee earned but 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 layoff, and the tenth (10th) year of continuous employment in the case of resignation.

15.14 Abandonment

Notwithstanding clause 15.12, an employee whose employment is terminated by reason of a declaration that the employee has abandoned their position is entitled to receive the payment referred to in clause 15.12 if the employee requests it within six (6) months following the date upon which the employee’s employment is terminated.

15.15 Recovery on termination

In the event of the termination of employment for reasons other than death or layoff, 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 employee’s classification on the date of termination.

15.16 Appointment to a separate agency

Notwithstanding clauses 15.12 and 15.13 an employee who resigns to accept an appointment with an organization as defined 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.

15.17 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 as defined 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.

15.18

**

Employees shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay on the first (1st) day of the month following the employee’s second (2nd) anniversary of service, as defined in clause 15.03. For greater clarity, employees shall be credited the leave described in 15.18 only once in their total period of employment in the public service.

**Article 16: sick leave

16.01 Credits

1. An employee shall earn sick leave credits at the rate of nine decimal three seven five (9.375) hours for each calendar month for which the employee receives pay for at least seventy-five (75) hours.

**

2. A shift worker shall earn additional sick leave credits at the rate of one decimal two five (1.25) hours for each calendar month during which they work shifts and receive pay for at least seventy-five (75) hours. Such credits shall not be carried over in the next fiscal year and are available only if the employee has already used one hundred and twelve decimal five (112.5) hours sick leave credits during the current fiscal year.

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:

1. the employee satisfies the Employer of this condition in such a manner and at such a time as may be determined by the Employer,
   and
2. the employee has the necessary sick leave credits.

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 the employee is under suspension or on leave of absence without pay.

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.

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 and 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 layoff, 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 layoff and who is reappointed in the public service within two (2) years from the date of layoff.

**Article 17: other leave with or without pay

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, family is defined as parents (or, alternatively, stepparents or foster parents), siblings, stepsiblings, spouse (including common-law partner resident with the employee), child (including child of common-law partner), grandchild, grandparent, stepchild, foster child or ward of the employee, parents-in-law, children-in-law, any other relative permanently residing in the employee’s household or with whom the employee permanently resides, or, subject to paragraph 17.02(g) below, a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee.

1. When a member of the employee’s family dies, an employee:
   1. shall be entitled to a single bereavement period of seven (7) 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;
   2. in addition, the employee may be granted up to three (3) days’ leave with pay for the purpose of travel related to the death.
2. At the request of the employee, such bereavement leave with pay may be taken in a single period of seven (7) consecutive calendar days or may be taken in two (2) periods to a maximum of five (5) working days.
3. When requested to be taken in two (2) periods:
   1. the first period must include the day of the memorial commemorating the deceased or must begin within two (2) days following the death,
      and
   2. the second period must be taken no later than twelve (12) months from the date of death for the purpose of attending a ceremony.
   3. The employee may be granted no more than three (3) days’ leave with pay, in total, for the purposes of travel for these two (2) periods.

**

4. 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 aunt or uncle, sibling-in-law or grandparent of spouse.

**

5. An employee is entitled to three (3) consecutive working days of bereavement leave with pay in the event of a stillbirth experienced by them or their spouse or common-law partner or where they would have been a parent of the child born as a result of the pregnancy. For greater certainty, stillbirth is defined as an unborn child on or after twenty (20) weeks of pregnancy. The leave may be taken during the period that begins on the day on which the stillbirth occurs and ends no later than twelve (12) weeks after the latest of the days on which any funeral, burial or memorial service in respect of the stillbirth occurs.

**

6. 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 or their delegate 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), paragraph 17.02(b) and paragraph 17.02(e).
7. If, during a period of sick leave or vacation 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 with pay and the sick leave or vacation leave credits shall be restored to the extent of any concurrent bereavement leave granted.
8. An employee shall be entitled to bereavement leave with pay for a person who stands in the place of a relative for the employee whether or not there is a degree of consanguinity between such person and the employee only once in their career in the federal public administration.

17.03 Pregnancy/Maternity leave without pay

1. An employee who becomes pregnant shall, upon request, be granted pregnancy/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.
2. Notwithstanding paragraph (a):
   1. where the employee has not yet proceeded on pregnancy/maternity leave without pay and their newborn child is hospitalized,
      or
   2. where the employee has proceeded on pregnancy/maternity leave without pay and then returns to work for all or part of the period during which their newborn child is hospitalized,

      the period of pregnancy/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 pregnancy/maternity leave, to a maximum of eighteen (18) weeks.

3. The extension described in paragraph (b) shall end not later than fifty-two (52) weeks after the termination date of pregnancy.
4. The Employer may require an employee to submit a medical certificate certifying pregnancy.
5. An employee who has not commenced pregnancy/maternity leave without pay may elect to:
   1. use earned vacation and compensatory leave credits up to and beyond the date that their pregnancy terminates;
   2. use their sick leave credits up to and beyond the date that their 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.
6. An employee shall inform the Employer in writing of their plans for taking leave with and without pay to cover their 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.
7. 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 Pregnancy/maternity allowance

1. An employee who has been granted pregnancy/maternity leave without pay shall be paid a pregnancy/maternity allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraph (c) to (i), provided that the employee:
   1. has completed six (6) months of continuous employment before the commencement of their pregnancy/maternity leave without pay,
   2. provides the Employer with proof that they have applied for and are in receipt of maternity benefits under the Employment Insurance or the Québec Parental Insurance Plan in respect of insurable employment with the Employer,
      and
   3. has signed an agreement with the Employer stating that:
      1. the employee will return to work within the federal public administration, as specified in Schedule I, Schedule IV or Schedule V of the Financial Administration Act, on the expiry date of their pregnancy/maternity leave without pay unless the return-to-work date is modified by the approval of another form of leave;
      2. following their return to work, as described in section (A), the employee will work for a period equal to the period they were in receipt of the pregnancy/maternity allowance;
      3. should they fail to return to work in accordance with section (A), or should the employee return to work but fail to work for the total period specified in section (B), for reasons other than death, layoff, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, the employee 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 within the federal public administration as described in section (A) within a period of ninety (90) days or less is not indebted for the amount if their new period of employment is sufficient to meet the obligations specified in section (B).

2. 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).
3. Pregnancy/maternity allowance payments made in accordance with the SUB Plan will consist of the following:

   **

   1. where an employee is subject to a waiting period before receiving Employment Insurance maternity benefits, ninety-three per cent (93%) of the employee’s weekly rate of pay (and the recruitment and retention “terminable allowance,” if applicable), of the waiting period, less any other monies earned during this period;

   **

   2. for each week that the employee receives a maternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, the employee is eligible to receive the difference between ninety-three per cent (93%) of their weekly rate of pay (and the recruitment and retention “terminable allowance,” if applicable) and the maternity benefit, less any other monies earned during this period which may result in a decrease in the employee’s maternity benefit to which they would have been eligible if no extra monies had been earned during this period;
      and
   3. where an employee has received the full fifteen (15) weeks of maternity benefit under Employment Insurance and thereafter remains on pregnancy/maternity leave without pay, that employee is eligible to receive a further pregnancy/maternity allowance for a period of one (1) week, ninety-three per cent (93%) of the employee’s weekly rate of pay, less any other monies earned during this period.
4. 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 the Québec Parental Insurance Plan maternity benefits.
5. The pregnancy/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 the employee may be required to repay pursuant to the Employment Insurance Act or the Act Respecting Parental Insurance in Quebec.
6. The weekly rate of pay referred to in paragraph (c) shall be:
   1. for a full-time employee, the employee’s weekly rate of pay on the day immediately preceding the commencement of pregnancy/maternity leave without pay,
   2. 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 pregnancy/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.

**

7. The weekly rate of pay referred to in paragraph (f) shall be the rate (and the recruitment and retention “terminable allowance,” if applicable), to which the employee is entitled for their substantive level to which they are appointed.

**

8. Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of pregnancy/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,” if applicable), the employee was being paid on that day.
9. Where an employee becomes eligible for a pay increment or pay revision that would increase the pregnancy/maternity allowance, the allowance shall be adjusted accordingly.
10. Pregnancy/maternity allowance payments made under the SUB Plan will neither reduce nor increase an employee’s deferred remuneration or severance pay.

17.05 Special pregnancy/maternity allowance for totally disabled employees

1. An employee who:
   1. 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 the employee from receiving Employment Insurance or Québec Parental Insurance Plan maternity benefits,
      and
   2. 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 pregnancy/maternity allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93%) of the employee’s weekly rate of pay (and the recruitment and retention “terminable allowance,” if applicable), and the gross amount of the employee’s weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.

2. 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 the employee would have been eligible for maternity 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 maternity benefits for the reasons described in subparagraph 17.05(a)(i).

17.06 Parental leave without pay

1. Where an employee has or will have the actual care and custody of a newborn child (including the newborn child of a common-law partner), the employee shall, upon request, be granted parental leave without pay for either:
   1. a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period (standard option),
      or
   2. a single period of up to sixty-three (63) consecutive weeks in the seventy-eight (78) week period (extended option),

      beginning on the day on which the child is born or the day on which the child comes into the employee’s care.

2. 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 either:
   1. a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period (standard option),
      or
   2. a single period of up to sixty-three (63) consecutive weeks in the seventy-eight (78) week period (extended option),

      beginning on the day on which the child comes into the employee’s care.

3. Notwithstanding paragraphs (a) and (b) above, at the request of an employee and at the discretion of the Employer, the leave referred to with the paragraphs (a) and (b) above may be taken in two (2) periods.
4. Notwithstanding paragraphs (a) and (b):
   1. 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
   2. where the employee has proceeded on parental leave without pay and then returns to work for all or part of the period during which their 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.

5. An employee who intends to request parental leave without pay shall notify the Employer at least four (4) weeks in advance of the expected date of leave.
6. The Employer may:
   1. defer the commencement of parental leave without pay at the request of the employee;
   2. grant the employee parental leave without pay with less than four (4) weeks’ notice;
   3. require an employee to submit a birth certificate or proof of adoption of the child.
7. 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

Under the Employment Insurance (EI) benefits plan, parental allowance is payable under two (2) options, either:

• Option 1: standard parental benefits, paragraphs 17.07(c) to (k),
  or
• Option 2: extended parental benefits, paragraphs 17.07(l) to (t).

Once an employee elects the standard or extended parental benefits and the weekly benefit top-up allowance is set, the decision is irrevocable and shall not be changed should the employee return to work at an earlier date than that originally scheduled.

Under the Québec Parental Insurance Plan (QPIP), parental allowance is payable only under Option 1: standard parental benefits.

Parental allowance administration

1. 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) or (l) to (r), providing the employee:
   1. has completed six (6) months of continuous employment before the commencement of parental leave without pay,
   2. provides the Employer with proof that the employee has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance Plan or Québec Parental Insurance Plan in respect of insurable employment with the Employer,
      and
   3. has signed an agreement with the Employer stating that:
      1. the employee will return to work within the federal public administration, as specified in Schedule I, Schedule IV or Schedule V of the Financial Administration Act, on the expiry date of the employee’s parental leave without pay, unless the return-to-work date is modified by the approval of another form of leave;
      2. following the employee’s 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 standard parental allowance, in addition to the period of time referred to in section 17.04(a)(iii)(B), if applicable. Where the employee has elected the extended parental allowance, following their return to work, as described in section (A), the employee will work for a period equal to sixty per cent (60%) of the period the employee was in receipt of the extended parental allowance in addition to the period of time referred to in section 17.04(a)(iii)(B), if applicable.
      3. should the employee fail to return to work as described in section (A) or should the employee return to work but fail to work the total period specified in section (B), for reasons other than death, layoff, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, the employee 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 within the federal public administration as described in section (A), within a period of ninety (90) days or less is not indebted for the amount if the employee’s new period of employment is sufficient to meet the obligations specified in section (B).

2. 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).

Option 1: standard parental allowance

3. Parental allowance payments made in accordance with the SUB Plan will consist of the following:
   1. where an employee on parental leave without pay as described in 17.06(a)(i) and (b)(i), has elected to receive standard Employment Insurance parental benefits and is subject to a waiting period before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of the employee’s weekly rate of pay (and the recruitment and retention “terminable allowance” if applicable) for the waiting period, less any other monies earned during this period;
   2. for each week the employee receives parental, adoption or paternity benefits under the Employment Insurance or the Québec Parental Insurance Plan, the employee is eligible to receive the difference between ninety-three per cent (93%) of the employee’s weekly rate of pay (and the recruitment and retention “terminable allowance” if applicable) and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in the employee’s parental, adoption or paternity benefit to which the employee would have been eligible if no extra monies had been earned during this period;

   **

   3. where an employee has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefit or has divided the full thirty-two (32) weeks of parental benefits with another employee in receipt of the full five (5) weeks’ paternity under the Québec Parental Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of two (2) weeks, ninety-three per cent (93%) of their weekly rate of pay (and the recruitment and retention “terminable allowance,” if applicable), less any other monies earned during this period;

   **

   4. where an employee has divided the full thirty-seven (37) weeks of adoption benefits with another employee under the Québec Parental Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of up to two (2) weeks, ninety-three per cent (93%) of their weekly rate of pay (and the recruitment and retention “terminable allowance,” if applicable), less any other monies earned during this period;

   **

   5. where an employee has received the full thirty-five (35) weeks of parental benefit under Employment Insurance Plan and thereafter remains on parental leave without pay, the employee is eligible to receive a further parental allowance for a period of one (1) week, at ninety-three per cent (93%) of the employee’s weekly rate of pay (and the recruitment and retention “terminable allowance,” if applicable), less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in subparagraph 17.04(c)(iii) for the same child.

   **

   6. where an employee has divided the full forty (40) weeks of parental benefits with another employee under the Employment Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of one (1) week, ninety-three per cent (93%) of their weekly rate of pay (and the recruitment and retention “terminable allowance,” if applicable), less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in subparagraphs 17.04(c)(iii) and 17.07(c)(v) for the same child.
4. 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 Plan parental benefits.
5. 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 the employee is required to repay pursuant to the Employment Insurance Act or the Act Respecting Parental Insurance in Quebec.
6. The weekly rate of pay referred to in paragraph (c) shall be:
   1. for a full-time employee, the employee’s weekly rate of pay on the day immediately preceding the commencement of pregnancy/maternity or parental leave without pay;
   2. 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 pregnancy/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.
7. The weekly rate of pay referred to in paragraph (f) shall be the rate (and the recruitment and retention “terminable allowance” if applicable) to which the employee is entitled for the substantive level to which the employee is appointed.
8. 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” if applicable) the employee was being paid on that day.
9. Where an employee becomes eligible for a pay increment or pay revision that would increase the parental allowance, the allowance shall be adjusted accordingly.
10. Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee’s deferred remuneration or severance pay.
11. The maximum combined, shared pregnancy/maternity and standard parental allowances payable shall not exceed fifty-seven (57) weeks for each combined pregnancy/maternity and parental leave without pay.

Option 2: extended parental allowance

12. Parental allowance payments made in accordance with the SUB Plan will consist of the following:
    1. where an employee on parental leave without pay as described in subparagraphs 17.06(a)(ii) and (b)(ii), has elected to receive extended Employment Insurance parental benefits and is subject to a waiting period before receiving Employment Insurance parental benefits, fifty-five decimal eight per cent (55.8%) of the employee’s weekly rate of pay (and the recruitment and retention “terminable allowance” if applicable) for the waiting period, less any other monies earned during this period;
    2. for each week the employee receives parental benefits under the Employment Insurance, the employee is eligible to receive the difference between fifty-five decimal eight per cent (55.8%) of the employee’s weekly rate (and the recruitment and retention “terminable allowance” if applicable) and the parental benefits, less any other monies earned during this period which may result in a decrease in the employee’s parental benefits to which the employee would have been eligible if no extra monies had been earned during this period;

    **

    3. where an employee has received the full sixty-one (61) weeks of parental benefits under the Employment Insurance and thereafter remains on parental leave without pay, the employee is eligible to receive a further parental allowance for a period of one (1) week, fifty-five decimal eight per cent (55.8%) of the employee’s weekly rate of pay (and the recruitment and retention “terminable allowance,” if applicable) , less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in subparagraph 17.04(c)(iii) for the same child.

    **

    4. where an employee has divided the full sixty-nine (69) weeks of parental benefits with another employee under the Employment Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of one (1) week, fifty-five decimal eight per cent (55.8%) of their weekly rate of pay (and the recruitment and retention “terminable allowance,” if applicable), less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in subparagraph 17.04(c)(iii) for the same child;
13. At the employee’s request, the payment referred to in subparagraph 17.07(l)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance.
14. The parental allowance to which an employee is entitled is limited to that provided in paragraph (l) and an employee will not be reimbursed for any amount that they are required to repay pursuant to the Employment Insurance Act.
15. The weekly rate of pay referred to in paragraphs (l) shall be:
    1. for a full-time employee, the employee’s weekly rate of pay on the day immediately preceding the commencement of parental leave without pay;
    2. 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 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.
16. The weekly rate of pay referred to in paragraph (l) shall be the rate (and the recruitment and retention “terminable allowance” if applicable) to which the employee is entitled for the substantive level to which they are appointed.
17. Notwithstanding paragraph (p), and subject to subparagraph (o)(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” if applicable), the employee was being paid on that day.
18. Where an employee becomes eligible for a pay increment or pay revision while in receipt of the allowance, the allowance shall be adjusted accordingly.
19. Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee’s deferred remuneration or severance pay.
20. The maximum combined, shared, pregnancy/maternity and extended parental allowances payable shall not exceed eighty-six (86) weeks for each combined pregnancy/maternity and parental leave without pay.

17.08 Special parental allowance for totally disabled employees

1. An employee who:
   1. 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
   2. has satisfied all of the other eligibility criteria specified in paragraph 17.07(a), other than those specified in sections (A) and (B) of subparagraph 17.07(a)(iii),
2. shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93%) of the employee’s rate of pay and the recruitment and retention “terminable allowance,” and the gross amount of the employee’s weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.
3. 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 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 family-related needs in accordance with the following conditions:

**

1. For the purpose of this clause, immediate family is defined as any relative permanently residing in the employee’s household or with whom the employee permanently resides, and the employee’s spouse (or common-law partner resident with the employee), children (including foster children or children of a spouse or common-law partner), stepchildren, ward of the employee, grandchildren, grandparents, parents (including stepparents or foster parent), sibling, stepsibling, parent-in-law, children-in-law, or a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee.
2. Subject to paragraph (a), up to five (5) years’ leave without pay during an employee’s total period of employment in the public service may be granted for the personal long-term care of the employee’s family. Leave granted under this paragraph shall be for a minimum period of three (3) weeks.
3. An employee shall notify the Employer in writing as far in advance as possible but not less than four (4) weeks in advance of the commencement date of such leave, unless, because of urgent or unforeseeable circumstances, such notice cannot be given.
4. 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.
5. Time spent on such leave shall not be counted for pay increment purposes.
6. Leave granted under leave without pay for the care and nurturing of preschool age children or under leave without pay for the long-term care of a parent under the terms of other agreements 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.
7. An employee who has proceeded on leave without pay may change their return-to-work date if such change does not result in additional costs to the Employer.

17.10 Caregiving leave

1. An employee who provides the Employer with proof that they are in receipt of or awaiting Employment Insurance (EI) benefits for compassionate care benefits, family caregiver benefits for children and/or family caregiver benefits for adults may be granted leave without pay while in receipt of or awaiting these benefits.
2. The leave without pay described in paragraph 17.20(a) shall not exceed twenty-six (26) weeks for compassionate care benefits, thirty-five (35) weeks for family caregiver benefits for children and fifteen (15) weeks for family caregiver benefits for adults, in addition to any applicable waiting period.
3. When notified, an employee who was awaiting benefits must provide the Employer with proof that the request for Employment Insurance (EI) compassionate care benefits, family caregiver benefits for children and/or family caregiver benefits for adults has been accepted.
4. When an employee is notified that their request for Employment Insurance (EI) compassionate care benefits, family caregiver benefits for children and/or family caregiver benefits for adults has been denied, paragraph 17.20(a) above ceases to apply.
5. 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.

17.11 Leave without pay for personal needs

Leave without pay will be granted for personal needs, in the following manner:

1. 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.
2. 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.
3. 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 pregnancy/maternity or parental leave without the consent of the Employer.
4. 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.
5. 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.

17.12 Leave without pay for relocation of spouse

1. 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 or common-law partner is permanently relocated and up to five (5) years to an employee whose spouse or common-law partner is temporarily relocated.
2. 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.

17.13 Leave with pay for family-related responsibilities

**

1. For the purpose of this clause, family is defined as the employee’s spouse (or common-law partner resident with the employee), children (including foster children, stepchildren, and children of legal or common-law partner), ward of the employee, parents (including stepparents or foster parents), parent-in-law, sibling, stepsibling, grandchildren, grandparents of the employee, any relative permanently residing in the employee’s household or with whom the employee permanently resides, any relative for whom the employee has a duty of care, irrespective of whether they reside with the employee or a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee.
2. The total leave with pay which may be granted under this clause shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year.
3. The Employer shall grant leave with pay under the following circumstances:
   1. 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 for a medical or dental appointment when the family member is incapable of attending the appointment by themself, or for appointments with appropriate authorities in schools or adoption agencies. An employee requesting leave under this provision must notify their supervisor of the appointment as far in advance as possible;
   2. leave with pay 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;
   3. leave with pay for needs directly related to the birth or to the adoption of the employee’s child;
   4. leave with pay to attend school functions, if the supervisor was notified of the functions as far in advance as possible;
   5. leave with pay to provide for the employee’s child in the case of an unforeseeable closure of the school or care facility;

   **

   6. to visit a family member who, due to an incurable terminal illness, is nearing the end of their life;

   **

   7. fifteen (15) hours out of the thirty-seven decimal five (37.5) hours stipulated in paragraph 17.13(b) above may be used to attend an appointment with a legal or paralegal representative for non-employment-related matters, or with a financial or other professional representative, if the supervisor was notified of the appointment as far in advance as possible.
4. Where, in respect of any period of compensatory leave, an employee is granted leave with pay for illness in the family under subparagraph 17.13(c)(ii) above, on production of a medical certificate, the period of compensatory leave so displaced shall either be added to the compensatory leave period, if requested by the employee and approved by the Employer, or reinstated for use at a later date.

17.14 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:

1. to be available for jury selection;
2. to serve on a jury;
   or
3. by subpoena or summons to attend as a witness in any proceeding held:
   1. in or under the authority of a court of justice;
   2. before a court, judge, justice, magistrate or coroner;
   3. 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;
   4. 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
   5. 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.

17.15 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.

17.16 Injury-on-duty leave with pay

1. 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 workers’ compensation board that the employee is unable to perform their duties because of:
   1. personal injury accidentally received in the performance of the employee’s duties and not caused by the employee’s wilful misconduct,
   2. sickness resulting from the nature of the employee’s employment,
      or
   3. over-exposure to radioactivity or other hazardous conditions in the course of the employee’s employment,

   if the employee agrees to pay to the Receiver General for Canada any amount received by them for loss of wages in settlement of any claim the employee may have in respect of such injury, sickness or exposure, providing, however, that such amount does not stem from a personal disability policy for which the employee or the employee’s agent has paid the premium.

2. Where operational requirements permit, the Employer will grant leave with pay to an employee who is:
   1. a party to a provincial workers’ compensation hearing
      or
   2. a witness called by an employee who is party to a provincial workers’ compensation hearing.

17.17 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.

17.18 Religious observance

1. The Employer shall make every reasonable effort to accommodate an employee who requests time off to fulfill their religious obligations.

**

2. Employees may, in accordance with the provisions of this agreement, request annual leave, compensatory leave, personal leave, or leave without pay for other reasons in order to fulfill their religious obligations.
3. Notwithstanding paragraph 17.18(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 their 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.
4. 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.

17.19 Pregnancy/maternity-related reassignment or leave

1. 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 their job functions or reassign them to another job if, by reason of the pregnancy or nursing, continuing any of the employee’s current functions may pose a risk to the employee’s health or that of the fetus or child. On being informed of the cessation of current job function, the Employer, with the written consent of the employee, shall notify the appropriate workplace committee or the health and safety representative.
2. An employee’s request under paragraph (a) 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.
3. An employee who has made a request under paragraph (a) is entitled to continue in their current job while the Employer examines their request, but, if the risk posed by continuing any of their job functions so requires, the employee is entitled to be immediately assigned alternative duties until such time as the Employer:
   1. modifies the employee’s job functions or reassigns them,
      or
   2. informs the employee in writing that it is not reasonably practicable to modify their job functions or reassign them.
4. Where reasonably practicable, the Employer shall modify the employee’s job functions or reassign them.
5. 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.
6. An employee whose job functions have been modified, who has been reassigned or who is on leave of absence shall give at least two (2) weeks’ notice in writing to the Employer of any change in duration of the risk or the inability as indicated in the medical certificate, unless there is a valid reason why that notice cannot be given. Such notice must be accompanied by a new medical certificate.
7. Notwithstanding clause (e), for an employee working:
   1. in an institution at the Correctional Service of Canada where the employee is in direct and regular contact with offenders,
      and
   2. for Indigenous Services Canada NU-CHNs who are permanently assigned in nursing stations situated in remote and isolated First Nations communities (Type 1 and 2 according to Health Canada’s Community Workload Increase System (CWIS)),
   3. OP and NUs in the Department of National Defence who provide direct and regular health care to patients,

   and, if the Employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the Employer shall so inform the employee in writing and shall grant leave of absence with pay to the employee for the duration of the risk as indicated in the medical certificate. However, such leave shall end no later than at the time the employee proceeds on pregnancy/maternity leave without pay or the termination date of the pregnancy, whichever comes first.

17.20 Medical appointment for pregnant employees

**

1. Up to three decimal seven five (3.75) hours of reasonable time off with pay will be granted to pregnant employees for the purpose of attending each routine medical appointment.
2. 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.

17.21 Domestic violence leave

**

For the purposes of this clause, domestic violence is considered to be any form of abuse or neglect that an employee or an employee’s child experiences from a family member or someone with whom the employee has or had an intimate relationship.

1. The parties recognize that employees may be subject to domestic violence in their personal life that could affect their attendance at work.

**

2. Upon request, an employee who is subject to domestic violence or who is the parent of a dependent child who is subject to domestic violence shall be granted domestic violence leave in order to enable the employee, in respect of such violence:
   1. to seek care and/or support for themselves or their dependent child in respect of a physical or psychological injury or disability;
   2. to obtain services from an organization which provides services for individuals who are subject to domestic violence;
   3. to obtain professional counselling;
   4. to relocate temporarily or permanently;
      or
   5. to seek legal or law enforcement assistance or to prepare for or participate in any civil or criminal legal proceeding.
3. The total domestic violence leave with pay which may be granted under this clause shall not exceed seventy-five (75) hours in a fiscal year.

**

4. Unless otherwise informed by the Employer, a statement signed by the employee stating that they meet the conditions of this article shall, when delivered to the Employer, be considered as meeting the requirements of this article.
5. Notwithstanding paragraphs 17.21(b) to 17.21(c), an employee is not entitled to domestic violence leave if the employee is charged with an offence related to that act or if it is probable, considering the circumstances, that the employee committed that act.

17.22 Other leave with pay

1. At its discretion, the Employer may grant leave with pay for purposes other than those specified in this agreement, and when circumstances not directly attributable to the employee prevent the employee reporting for duty.
2. 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, up to fifteen (15) hours of leave with pay for reasons of a personal nature. This leave can be taken in periods of seven decimal five (7.5) hours or three decimal seventy-five (3.75) hours each.

   The leave will be scheduled at times convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such times as the employee may request.

3. Quarantine leave

   Where an employee provides a medical certificate placing them under quarantine, they shall be granted leave with pay during the quarantine period.

   When an employee is diagnosed with an illness during the quarantine period, paragraph 17.22(c) shall cease to apply.

17.23 Other leave without pay

**

At its discretion, the Employer may grant leave without pay for purposes other than those specified in this agreement.

**

17.24 Leave for traditional Indigenous practices

1. Subject to operational requirements as determined by the Employer, fifteen (15) hours of leave with pay and twenty-two decimal five (22.5) hours of leave without pay per fiscal year shall be granted to an employee who self-declares as an Indigenous person and who requests leave to engage in traditional Indigenous practices, including land-based activities such as hunting, fishing, and harvesting.

   For the purposes of this article, an Indigenous person means First Nations, Inuit or Métis.

2. Unless otherwise informed by the Employer, a statement signed by the employee stating that they meet the conditions of this article shall, when delivered to the Employer, be considered as meeting the requirements of this article.
3. An employee who intends to request leave under this article must give notice to the Employer as far in advance as possible before the requested period of leave.
4. As an alternative to leave without pay as per clause a., at the request of the employee and at the discretion of the Employer, time off with pay, up to a total amount of twenty-two decimal five (22.5) hours, may be granted to the employee in order to fulfill their traditional Indigenous practices. 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.
5. Leave or time off with pay under this article may be taken in one or more periods. Each period of leave shall not be less than seven decimal five (7.5) hours.

**Article 18: career and professional development

18.01 General

**

In order for the government to meet its mandate, given the evolution and increased complexity of the scope of practice, the parties recognize that in order to maintain and enhance professional expertise, employees need to have an opportunity to attend or participate in career and in professional development activities described in this article.

**

The Employer endeavours to respond in a timely fashion to requests for career and professional development.

18.02 Education leave

1. An employee may be granted education leave without pay for varying periods up to one (1) year, which can be renewed by mutual agreement, to attend a recognized institution for additional or special studies in some field of education in which special preparation is needed to enable the employee to fill their present role more adequately, or to undertake studies in some field in order to provide a service which the Employer requires or is planning to provide.
2. An employee on education leave without pay under this clause shall receive an allowance in lieu of salary equivalent to from fifty per cent (50%) to one hundred per cent (100%) of the employee’s basic salary. The percentage of the allowance is at the discretion of the Employer. Where the employee receives a grant, bursary or scholarship, the education leave allowance may be reduced. In such cases, the amount of the reduction shall not exceed the amount of the grant, bursary or scholarship.
3. Allowances already being received by the employee may, at the discretion of the Employer, be continued during the period of the education leave. The employee shall be notified when the leave is approved whether such allowances are to be continued in whole or in part.
4. As a condition to the granting of education leave, an employee shall, if required, give a written undertaking prior to the commencement of the leave to return to the service of the Employer for a period of not less than the period of the leave granted. If the employee, except with the permission of the Employer:
   1. fails to complete the course,
   2. does not resume employment with the Employer on completion of the course,
      or
   3. ceases to be employed, except by reason of death or layoff, before termination of the period the employee has undertaken to serve after completion of the course,

   the employee shall repay the Employer all allowances paid under this clause during the education leave or such lesser sum as shall be determined by the Employer.

18.03 Attendance at conferences and conventions

1. The parties to this agreement recognize that attendance or participation at conferences, conventions, symposia, scientific meetings, workshops and other gatherings of a similar nature contributes to the maintenance of high professional standards.
2. In order to benefit from an exchange of knowledge and experience, an employee shall have the opportunity on occasion to attend conferences and conventions which are related to the employee’s field of specialization, subject to operational constraints.

**

3. The Employer may grant leave with pay, reasonable travel expenses, and/or registration fees to attend such gatherings, subject to budgetary and operational constraints.
4. An employee who attends a conference or convention at the request of the Employer to represent the interests of the Employer shall be deemed to be on duty and, as required, in travel status. The Employer shall pay the registration fees of the convention or conference the employee is required to attend.
5. An employee invited to participate in a conference or convention in an official capacity, such as to present a formal address or to give a course related to the employee’s field of employment, may be granted leave with pay for this purpose and may, in addition, be reimbursed for the payment of convention or conference registration fees and reasonable travel expenses.
6. An employee shall not be entitled to any compensation under Article 9 (overtime) and Article 13 (travelling time) in respect of hours the employee is in attendance at or travelling to or from a conference or convention under the provisions of this clause, except as provided by paragraph (d).
7. Subject to budgetary and operational constraints, the Employer shall make every reasonable effort to accommodate shift changes or rest day changes to facilitate attendance at conferences, conventions, symposia, scientific meetings, workshops and other gatherings of a similar nature, while on duty.

18.04 Professional development

**

1. The parties to this agreement share a desire to improve professional standards by giving the employees the opportunity:
   1. to participate in workshops, short courses, similar out-service programs or continuing education courses to keep up to date with knowledge and skills in their respective fields, to acquire continuing profession specific credits required to complete or maintain current licensing/registration standards.
   2. to conduct research or perform work related to their normal research programs in institutions or locations other than those of the Employer, including, subject to the Employer’s approval, presentation of the results of such research to external bodies.
   3. to carry out research in the employee’s field of specialization not specifically related to the employee’s assigned work projects when in the opinion of the Employer such research is needed to enable the employee to fill their present role more adequately including, subject to the Employer’s approval, presentation of the results of such research to external bodies.
      or

   **

   4. to participate in language workshops, or courses or immersion programs to improve and/or attain their language competencies.
2. Subject to the Employer’s approval an employee shall receive leave with pay in order to participate in the activities described in paragraph 18.04(a).
3. An employee may apply at any time for professional development under this clause, and the Employer may select an employee at any time for such professional development.
4. When an employee is selected by the Employer for professional development under this clause, the Employer will consult with the employee before determining the locations and duration of the program of work or studies to be undertaken.
5. An employee selected for professional development under this clause shall continue to receive the employee’s normal compensation including any increase for which the employee may become eligible. The employee shall not be entitled to any compensation under Article 9 (overtime) and Article 13 (travelling time) while on professional development under this clause.
6.  
   1. An employee on professional development under this clause may be reimbursed for reasonable travel expenses and such other additional expenses as the Employer deems appropriate.

   Subparagraph (f)(ii) applies only to Indigenous Services Canada’s NU-CHNs in the First Nations and Inuit Health (FNIH).

   2. An employee on the Primary Care Skills Program shall be deemed to be on travel status.
7. Subject to budgetary and operational constraints, the Employer shall make every reasonable effort to accommodate shift changes or rest day changes to facilitate attendance at workshops, short courses, similar out-service programs or continuing education courses while on duty.

**

8. Upon request, an employee who is refused professional development will be provided with the reason for refusal in writing.

18.05 Selection criteria

1. The Employer shall establish selection criteria for granting leave under clauses 18.02, 18.03 and 18.04. Upon request, a copy of these criteria will be provided to an employee and/or the Institute representative.
2. The parties to this collective agreement acknowledge the mutual benefits to be derived from consultation on career development. To this effect, the Employer, upon request, will consult with the Institute as prescribed in Article 36 (joint consultation).

18.06 Departmental Career Development Consultation Committee

1. The parties to this collective agreement acknowledge the mutual benefits to be derived from consultation on career development. To this effect the parties agree that such consultation will be held at the departmental level either through the existing Joint Consultation Committee or through the creation of a Departmental Career Development Consultation Committee. A consultation committee as determined by the parties, may be established at the local, regional or national level.
2. The Departmental Consultation Committee shall be composed of mutually agreeable numbers of employees and Employer representatives who shall meet at mutually satisfactory times. Committee meetings shall normally be held on the Employer’s premises during working hours.
3. Employees forming the continuing membership of the Departmental Consultation Committees shall be protected against any loss of normal pay by reason of attendance at such meetings with management, including reasonable travel time where applicable.
4. The Employer recognizes the use of such committees for the purpose of providing information, discussing the application of policy, promoting understanding and reviewing problems.
5. It is understood that no commitment may be made by either party on a subject that is not within their authority or jurisdiction, nor shall any commitment made be construed as to alter, amend, add to or modify the terms of this agreement.

Article 19: severance pay

19.01 Under the following circumstances and subject to clause 19.02 an employee shall receive severance benefits calculated on the basis of the employee’s weekly rate of pay:

1. Layoff
   1. On the first (1st) layoff pay for the first (1st) complete year of continuous employment two (2) weeks’ pay, or three (3) weeks’ pay for employees with ten (10) or more and less than twenty (20) years of continuous employment, or four (4) weeks’ pay for employees with twenty (20) or more years of continuous employment, plus one (1) week’s pay for each additional complete year of continuous employment and, in the case of partial year of continuous employment, one (1) week’s pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365).
   2. On second (2nd) or subsequent layoff one (1) week’s pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week’s pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), less any period in respect of which the employee was granted severance pay under 19.01(a)(i) above.
2. Death

   If an employee dies, there shall be paid to the employee’s estate a severance payment in respect of the employee’s complete period of continuous employment, comprised of one (1) week’s pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week’s pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks’ pay, regardless of any other benefit payable.

3. Rejection on probation

   On rejection on probation, when an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of rejection during a probationary period, one (1) week’s pay for each complete year of continuous employment with a maximum benefit of twenty-seven (27) weeks.

4. Termination for cause for reasons of incapacity or unsatisfactory performance
   1. When an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of termination for cause for reasons of incapacity pursuant to Section 12(1)(e) of the Financial Administration Act, one (1) week’s pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week’s pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), with a maximum benefit of twenty-eight (28) weeks.
   2. When an employee has completed more than ten (10) years of continuous employment and ceases to be employed by reasons of termination for cause of reasons of unsatisfactory performance pursuant to Section 12(1)(d) of the Financial Administration Act, one (1) week’s pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.

19.02 The period of continuous employment used in the calculation of severance benefits payable to an employee under this article shall be reduced by any period of continuous employment in respect of which the employee was already granted any type of termination benefit by the public service, a federal Crown corporation, the Canadian Forces or the Royal Canadian Mounted Police. Under no circumstances shall the maximum severance pay provided under this article be pyramided.

For greater certainty, payments in lieu of severance for the elimination of severance pay for voluntary separation (resignation and retirement) made pursuant to 19.05 to 19.08 under Appendix V or similar provisions in other collective agreements shall be considered as a termination benefit for the administration of clause 19.02.

19.03 The weekly rate of pay referred to in the above clauses shall be the weekly rate of pay to which the employee is entitled for the classification prescribed in the employee’s certificate of appointment, immediately prior to the termination of their employment.

19.04 Appointment to a separate agency

An employee who resigns to accept an appointment with an organization as defined in Schedule V of the Financial Administration Act shall be paid any outstanding payment in lieu of severance if applicable under Appendix V.

19.05 Employees who were subject to the payment in lieu of severance for the elimination of severance pay for voluntary separation (resignation and retirement) and who opted to defer their payment, the former provisions outlining the payment in lieu are found at Appendix V.

Article 20: statement of duties

20.01 At time of hiring or at any other time upon written request, an employee shall be entitled to a complete and current statement of the duties and responsibilities of the employee’s position, including the position’s classification level and the position rating form.

**Article 21: registration fees

**

21.01 The Employer shall reimburse an employee for the payment of membership, registration or other related fees to organizations or governing bodies when the Employer is satisfied that the payment of such fees is a requirement for the continuation of the performance of the duties of the employee’s position. The Employer shall endeavour to submit incurred expenses for reimbursement in a timely fashion.

Article 22: responsibility for pharmaceutical services

This article applies to the PH Group only

22.01 The Employer recognizes that the monitoring of pharmaceutical services shall be performed by a pharmacist. The Employer will make every reasonable effort to ensure that correct pharmaceutical services, as determined by the Employer, will be provided within the Employer’s institutions. The Employer encourages the employee to make proposals for improvement of the Employer’s pharmaceutical services.

Article 23: technological change

23.01 The parties have agreed that in cases where, as a result of technological change, the services of an employee are no longer required beyond a specified date because of lack of work or the discontinuance of a function, the Work Force Adjustment Agreement in Appendix “S” concluded by the parties will apply. In all other cases, the following clauses will apply:

23.02 In this article “technological change” means:

1. the introduction by the Employer of equipment or material of a substantially different nature than that previously utilized which will result in significant changes in the employment status or working conditions of employees;
   or
2. a major change in the Employer’s operation directly related to the introduction of that equipment or material which will result in significant changes in the employment status or working conditions of the employees.

23.03 Both parties recognize the overall advantages of technological change and will, therefore, encourage and promote technological change in the Employer’s operations. Where technological change is to be implemented, the Employer will seek ways and means of minimizing adverse effects on employees which might result from such changes.

23.04 The Employer agrees to provide as much advance notice as is practicable but, except in cases of emergency, not less than one hundred and eighty (180) days’ written notice to the Institute of the introduction or implementation of technological change.

23.05 The written notice provided for in clause 23.04 will provide the following information:

1. the nature and degree of change;
2. the anticipated date or dates on which the Employer plans to effect change;
3. the location or locations involved.

23.06 As soon as reasonably practicable after notice is given under clause 23.04, the Employer shall consult meaningfully with the Institute concerning the effects of the technological change referred to in clause 23.04 on each group of employees. Such consultation will include but not necessarily be limited to the following:

1. the approximate number, class and location of employees likely to be affected by the change;
2. the effect the change may be expected to have on working conditions or terms and conditions of employment on employees.

23.07 When, as a result of technological change, the Employer determines that an employee requires new skills or knowledge in order to perform the duties of the employee’s substantive position, the Employer will make every reasonable effort to provide the necessary training during the employee’s working hours and at no cost to the employee.

Article 24: safety and health

24.01 The Employer shall continue to make all reasonable provisions for the occupational safety and health of employees. The Employer will welcome suggestions on the subject from the Institute and the parties undertake to consult with a view to adopting and expeditiously carrying out reasonable procedures and techniques designed or intended to prevent or reduce the risk of employment injury or occupational illness, including critical incident stress management services consistent with Treasury Board Policy on Employee Assistance Program.

24.02 The Employer shall provide the employee with immunization or prophylactic drugs against communicable diseases or infection where there is a risk of incurring such diseases or infection in the performance of the employee’s duties.

24.03 The Employer shall provide for a pre-placement and periodic health evaluation for employees at risk as determined by the Employer in accordance with the Occupational Health Evaluation Standard.

Article 25: recognition

25.01 The Employer recognizes the Institute as the exclusive bargaining agent for all employees described in the certificate issued by the Public Service Labour Relations Board on June 20, 2011, covering employees of the Health Services Group.

25.02 The Employer recognizes that it is a proper function and a right of the Institute to bargain with a view to arriving at a collective agreement and the Employer and the Institute agree to bargain in good faith, in accordance with the provisions of the Federal Public Sector Labour Relations Act.

Article 26: check-off

26.01 The Employer will as a condition of employment deduct an amount equal to the amount of the membership dues from the monthly pay of all employees in the bargaining unit.

26.02 The Institute shall inform the Employer in writing of the authorized monthly deduction to be checked off for each employee defined in clause 26.01.

26.03 For the purpose of applying clause 26.01, deductions from pay for each employee in respect of each month will start with the first (1st) full month of employment to the extent that earnings are available.

26.04 An employee who satisfies the Institute as to the bona fides of their claim and declares in an affidavit that they are a member of a religious organization whose doctrine prevents them as a matter of conscience from making financial contributions to an employee organization and that they will make contributions to a charitable organization registered pursuant to the Income Tax Act, other than the religious organization named in the affidavit, equal to dues, shall not be subject to this article, provided that the affidavit submitted by the employee is countersigned by an official representative of the religious organization involved. A copy of the affidavit will be provided to the Institute. The Institute will inform the Employer accordingly.

26.05 No employee organization, as defined in Section 2 of the Federal Public Sector Labour Relations Act, other than the Institute, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of employees in the bargaining unit.

26.06 The amounts deducted in accordance with clause 26.01 shall be remitted to the Institute by electronic payment within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each employee and the deductions made on the employee’s behalf.

26.07 The Institute agrees to indemnify and save the Employer harmless against any claim or liability arising out of the application of this article, except for any claim or liability arising out of an error committed by the Employer, in which case the liability shall be limited to the amount of the error.

26.08 When it is mutually acknowledged that an error has been committed, the Employer shall endeavour to correct such error within the two (2) pay periods following the acknowledgement of error.

26.09 Where an employee does not have sufficient earnings in respect of any month to permit deductions under this article the Employer shall not be obligated to make such deductions for that month from subsequent salary.

Article 27: use of Employer facilities

27.01 Access by an Institute representative

An accredited representative of the Institute may be permitted access to the Employer’s premises on stated Institute business and to attend meetings called by management. Permission to enter the premises shall, in each case, be obtained from the Employer.

27.02 Bulletin boards

1. Reasonable space on bulletin boards including electronic bulletin boards, where available will be made available to the bargaining agent for the posting of official notices, in convenient locations determined by the Employer and the Institute. Notices or other material shall require the prior approval of the Employer, except notices relating to the business affairs of the Institute and social and recreational events. The Employer shall have the right to refuse the posting of any information which it considers adverse to its interests or to the interests of any of its representatives.
2. In Indigenous Services Canada nursing stations and health centres, the Employer agrees the Institute can use the fax machines for the purpose stipulated in paragraph 27.02(a), subject to the same conditions.

27.03 Institute literature

The Employer will continue its practice of making available to the Institute a specific location on its premises for the storage and placement of a reasonable quantity of Institute files and literature.

Article 28: information

28.01 The Employer agrees to supply the Institute on a quarterly basis with a list of all employees in the bargaining unit. The list referred to herein shall include the name, employing department, geographical location, classification of the employee and shall be provided within one month following the termination of each quarter. As soon as practicable, the Employer agrees to add to the above list the date of appointment for new employees.

28.02 The Employer agrees to supply each employee with a copy of the collective agreement and any amendments thereto. For the purpose of satisfying the Employer’s obligation under this clause, employees may be given electronic access to the collective agreement. Where electronic access to the agreement is unavailable or impractical, the employee shall be supplied upon request with a printed copy of the agreement.

28.03 Upon the written request of an employee, the Employer shall make available at a mutually satisfactory time National Joint Council agreements listed in clause 35.03 which have a direct bearing on the requesting employee’s terms and conditions of employment.

28.04

1. The Employer agrees to distribute to each new employee an information package prepared and supplied by the Institute. Such information package shall require the prior approval of the Employer. The Employer shall have the right to refuse to distribute any information that it considers adverse to its interests or to the interests of any of its representatives.
2. The Institute shall have the opportunity to have an employee representative introduced to new employees as part of the Employer’s formal orientation programs, where those programs exist.

Article 29: stewards

29.01 The Employer acknowledges the exclusive right of the Institute to appoint stewards and other Institute representatives from amongst the members of bargaining units for which the Institute is the certified bargaining agent.

29.02 The Employer and the Institute shall, by mutual agreement, determine the area of jurisdiction of each steward, having regard to the plan of organization and the distribution of employees.

29.03 The Institute shall inform the Employer promptly and in writing of the names of its stewards, their jurisdiction, and of any subsequent changes.

29.04 Leave for stewards

1. Operational requirements permitting, the Employer shall grant leave with pay to an employee to enable the employee to carry out the employee’s functions as a steward on the Employer’s premises. When the discharge of these functions requires an employee who is a steward to leave the employee’s normal place of work, the employee shall, on returning, report to the supervisor whenever practicable.
2.  
   1. Scheduled paid leave for stewards shall not be cancelled by the Employer unless there is an urgent operational requirement.
   2. In the case of cancellation of such leave, the Employer shall give the written reason thereof, upon written request from the steward.

Article 30: leave for labour relations matters

30.01 Federal Public Sector Labour Relations and Employment Board hearings

Complaints made to the Federal Public Sector Labour Relations and Employment Board pursuant to section 190(1) of the Federal Public Sector Labour Relations Act

Where operational requirements permit, in cases of complaints made to the Federal Public Sector Labour Relations and Employment Board pursuant to section 190(1) of the FPSLRA alleging a breach of sections 157, 186(1)(a), 186(1)(b), 186(2)(a)(i), 186(2)(b), 187, 188(a) or 189(1) of the FPSLRA, the Employer will grant leave with pay:

1. to an employee who makes a complaint on their own behalf before the Federal Public Sector Labour Relations and Employment Board,
   and
2. to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Institute making a complaint.

30.02 Applications for certification, representations and interventions with respect to applications for certification

Where operational requirements permit, the Employer will grant leave without pay:

1. to an employee who represents the Institute in an application for certification or in an intervention,
   and
2. to an employee who makes personal representations with respect to a certification.

30.03 Employee called as a witness

The Employer will grant leave with pay:

1. to an employee called as a witness by the Federal Public Sector Labour Relations and Employment Board,
   and
2. where operational requirements permit, to an employee called as a witness by an employee or the Institute.

30.04 Arbitration Board, Public Interest Commission hearings and Alternative Dispute Resolution Process

When operational requirements permit, the Employer will grant leave with pay to a reasonable number of employees representing the Institute before an Arbitration Board, Public Interest Commission or an Alternative Dispute Resolution Process.

30.05 Employee called as a witness

The Employer will grant leave with pay to an employee called as witness by an Arbitration Board, Public Interest Commission or an Alternative Dispute Resolution Process and, when operational requirements permit, leave with pay to an employee called as a witness by the Institute.

30.06 Adjudication

Where operational requirements permit, the Employer will grant leave with pay to an employee who is:

1. a party to an adjudication,
   or
2. the representative of an employee who is a party to an adjudication,
   or
3. a witness called by an employee who is party to an adjudication.

30.07 Meetings during the grievance process

Employee presenting grievance

Where operational requirements permit, the Employer will grant to an employee:

1. where the Employer originates a meeting with the employee who has presented the grievance, leave with pay when the meeting is held in the headquarters area of such employee and on duty status when the meeting is held outside the headquarters area of such employee;
   and
2. where an employee who has presented a grievance seeks to meet with the Employer, leave with pay to the employee when the meeting is held in the headquarters area of such employee and leave without pay when the meeting is held outside the headquarters area of such employee.

30.08 Employee who acts as representative

Where an employee who has presented a grievance wishes to be represented by an employee at a meeting with the Employer, the Employer will, where operational requirements permit, grant leave with pay to the representative when the meeting is held in the headquarters area of such employee and leave without pay when the meeting is held outside the headquarters area of such employee.

30.09 Grievance investigations

Where an employee has asked or is obliged to be represented by the Institute in relation to the presentation of a grievance and an employee acting on behalf of the Institute wishes to discuss the grievance with that employee, the employee and the representative of the employee will, where operational requirements permit, be given reasonable leave with pay for this purpose when the discussion takes place in the headquarters area of such employee and leave without pay when it takes place outside the headquarters area of such employee.

30.10 Contract negotiations meetings

Where operational requirements permit, the Employer will grant leave without pay to an employee for the purpose of attending contract negotiations meetings on behalf of the Institute.

30.11 Preparatory contract negotiations meetings

Where operational requirements permit, the Employer will grant leave without pay to an employee to attend preparatory contract negotiations meetings.

30.12 Meetings between the Institute and management

Where operational requirements permit, the Employer will grant leave with pay to an employee to attend meetings with management on behalf of the Institute.

30.13 Institute official meetings and conventions

Where operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees to attend meetings and conventions provided in the constitution and the by-laws of the Institute.

30.14 Employee representatives training courses

1. Where operational requirements permit, the Employer will grant leave without pay to employees appointed as employee representatives by the Institute, to undertake training sponsored by the Institute related to the duties of an employee representative.
2. Where operational requirements permit, the Employer will grant leave with pay to employees appointed as employee representatives by the Institute, to attend training sessions concerning Employer-employee relations sponsored by the Employer.

Article 31: illegal strikes

31.01 The Federal Public Sector Labour Relations Act provides penalties for engaging in illegal strikes. Disciplinary action may also be taken, which will include penalties up to and including termination of employment, for participation in an illegal strike as defined in the Federal Public Sector Labour Relations Act.

Article 32: interpretation of agreement

32.01 The parties agree that, in the event of a dispute arising out of the interpretation of a clause or article in this agreement, it is desirable that the parties should meet within a reasonable time and seek to resolve the problem. This article does not prevent an employee from availing themselves of the grievance procedure provided in this agreement.

Article 33: dispute resolution

33.01 The Employer and the Institute agree it is appropriate to resolve disputes at the level where they occur without necessarily invoking the filing of a grievance, and preferably at the lowest possible level of management with the involvement of an Institute representative. Accordingly, when disputes might arise, the manager and the Institute representative endeavour to foster open co-operation, frank exchanges of views and a quest for innovative solutions.

**Article 34: grievance procedure

34.01 In cases of alleged misinterpretation or misapplication arising out of agreements concluded by the National Joint Council of the public service on items which may be included in a collective agreement and which the parties to this agreement have endorsed, the grievance procedure will be in accordance with section 15 of the NJC by-laws.

34.02 Individual grievances

Subject to and as provided in section 208 of the Federal Public Sector Labour Relations Act, an employee may present an individual grievance to the Employer if the employee feels aggrieved:

1. by the interpretation or application, in respect of the employee, of:
   1. a provision of a statute or regulation, or of a direction or other instrument made or issued by the Employer, that deals with terms and conditions of employment;
      or
   2. a provision of the collective agreement or an arbitral award;
      or
2. as a result of any occurrence or matter affecting the employee’s terms and conditions of employment.

34.03 Group grievances

Subject to and as provided in section 215 of the Federal Public Sector Labour Relations Act, the Institute may present a group grievance to the Employer on behalf of employees in the bargaining unit who feel aggrieved by the interpretation or application, common in respect of those employees, of a provision of the collective agreement or an arbitral award.

1. In order to present a group grievance, the Institute must first obtain the written consent of each of the employees concerned.
2. A group grievance must relate to employees in a single portion of the federal public administration.

34.04 Policy grievances

Subject to and as provided in section 220 of the Federal Public Sector Labour Relations Act, the Institute or the Employer may present a policy grievance in respect of the interpretation or application of the collective agreement or an arbitral award.

A policy grievance may be presented by the Institute only at the final step of the grievance procedure, to an authorized representative of the Employer. The Employer shall inform the Institute of the name, title and address of this representative.

The grievance procedure for a policy grievance by the Employer shall also be composed of a single step, with the grievance presented to an authorized representative of the Institute. The Institute shall inform the Employer of the name, title and address of this representative.

34.05

1. For the purposes of this article, a grievor is an employee or, in the case of a group or policy grievance, a steward, Institute staff person or other authorized representative appointed by the Institute.
2. No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause a grievor to abandon a grievance or refrain from exercising the right to present a grievance, as provided in this collective agreement.
3. The parties recognize the value of informal discussion between employees and their supervisors and between the Institute and the Employer to the end that problems might be resolved without recourse to a formal grievance. When notice is given that an employee or the Institute, within the time limits prescribed in clause 34.12, wishes to take advantage of this clause, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits.

34.06 A grievor wishing to present a grievance at any prescribed step in the grievance procedure, shall transmit this grievance to the employee’s immediate supervisor or local officer-in-charge who shall forthwith:

1. forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate step,
   and
2. provide the grievor with a receipt stating the date on which the grievance was received.

34.07 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer.

34.08 Subject to and as provided for in the Federal Public Sector Labour Relations Act, a grievor who feels treated unjustly or aggrieved by an action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in clause 34.06, except that:

1. where there is another administrative procedure provided by or under any act of Parliament to deal with the grievor’s specific complaint such procedure must be followed,
   and
2. where the grievance relates to the interpretation or application of this collective agreement or an arbitral award, an employee is not entitled to present the grievance unless they have the approval of and are represented by the Institute.

**

34.09 There shall be a maximum of three (3) steps in the grievance procedure. These levels shall be as follows:

1. Step 1: first level of management;
2. Step 2: intermediate level;
3. Final step: chief executive or an authorized representative.

34.10 The Employer shall designate a representative at each step in the grievance procedure and shall inform each employee to whom the procedure applies of the name or title of the person so designated together with the name or title and address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented.

This information shall be communicated to employees by means of notices posted by the Employer in places where such notices are most likely to come to the attention of the employees to whom the grievance procedure applies, or otherwise as determined by agreement between the Employer and the Institute.

**

34.11 An employee who so desires may be assisted and/or represented by a representative of the Institute when presenting a grievance at any step. The Institute shall have the right to consult with the Employer with respect to a grievance at each or any step of the grievance procedure.

34.12 A grievor may present a grievance to the first step of the procedure in the manner prescribed in clause 34.06, not later than the twenty-fifth (25th) day after the date on which the grievor is notified or on which the grievor first becomes aware of the action or circumstances giving rise to the grievance. The Employer may present a policy grievance in the manner prescribed in clause 34.04 not later than the twenty-fifth (25th) day after the date on which the Employer is notified orally or in writing or on which the Employer first becomes aware of the action or circumstances giving rise to the policy grievance.

34.13 A grievor may present a grievance at each succeeding step in the grievance procedure beyond the first step either:

1. where the decision or settlement is not satisfactory to the grievor, within ten (10) days after that decision or settlement has been conveyed in writing to the grievor by the Employer,
   or
2. where the Employer has not conveyed a decision to the grievor within the time prescribed in clause 34.14, within fifteen (15) days after presentation by the grievor of the grievance at the previous step.

34.14 The Employer shall normally reply to a grievance at any step of the grievance procedure, except the final step, within ten (10) days after the grievance is presented, and within twenty (20) days where the grievance is presented at the final step except in the case of a policy grievance, to which the Employer shall normally respond within thirty (30) days. The Institute shall normally reply to a policy grievance presented by the Employer within thirty (30) days.

34.15 Where an employee has been represented by the Institute in the presentation of the employee’s grievance, the Employer will provide the appropriate representative of the Institute with a copy of the Employer’s decision at each step of the grievance procedure at the same time that the Employer’s decision is conveyed to the employee.

34.16 Where a grievance has been presented up to and including the final step in the grievance process, and the grievance is not one that may be referred to adjudication, the decision on the grievance taken at the final step in the grievance process is final and binding and no further action may be taken under the Federal Public Sector Labour Relations Act.

34.17 In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated paid holidays shall be excluded.

34.18 Where the provisions of clause 34.06 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is delivered to the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any step on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present the grievance at the next higher step shall be calculated from the date on which the Employer’s reply was delivered to the address shown on the grievance form.

34.19 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the grievor and, where appropriate the Institute representative, except as provided in clause 34.21.

34.20 Where it appears that the nature of the grievance is such that a decision cannot be given below a particular step of authority, any or all the steps except the final step may be eliminated by agreement of the Employer and the grievor, and, where applicable, the Institute.

34.21 Where the Employer demotes or terminates an employee pursuant to paragraph 12(1)(c), (d) or (e) of the Financial Administration Act, the grievance procedure set forth in this agreement shall apply except that:

1. the grievance may be presented at the final step only,
   and
2. the twenty (20) day time limit within which the Employer is to reply at the final step may be extended to a maximum of forty (40) days by mutual agreement of the Employer and the appropriate representative of the Institute.

34.22 A grievor may by written notice to the immediate supervisor or officer-in-charge abandon a grievance.

34.23 Any grievor who fails to present a grievance to the next higher step within the prescribed time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond the grievor’s control, the grievor was unable to comply with the prescribed time limits.

34.24 Where a grievance has been presented up to and including the final step in the grievance procedure with respect to:

1. the interpretation or application of a provision of this collective agreement or related arbitral award,
   or
2. termination of employment or demotion pursuant to paragraph 12(1)(c), (d) or (e) of the Financial Administration Act,
   or
3. disciplinary action resulting in suspension or financial penalty,

and the grievance has not been resolved, it may be referred to adjudication in accordance with the provisions of the Federal Public Sector Labour Relations Act and Regulations.

34.25 Where a grievance that may be presented by an employee to adjudication is a grievance relating to the interpretation or application in respect of the employee of a provision of this agreement or an arbitral award, the employee is not entitled to refer the grievance to adjudication unless the Institute signifies in prescribed manner:

1. its approval of the reference of the grievance to adjudication,
   and
2. its willingness to represent the employee in the adjudication proceedings.

34.26 Expedited adjudication

The parties agree that any adjudicable grievance may be referred to the following expedited adjudication process:

The Professional Institute of the Public Service of Canada and the Treasury Board Secretariat agree to establish a process of expedited adjudication, which may be reviewed at any time by the parties and the Federal Public Sector Labour Relations and Employment Board (FPSLREB). The framework is set out below.

1. At the request of either party, a grievance that has been referred to adjudication may be dealt with through expedited adjudication with the consent of both parties.
2. Future cases may be identified for this process by either party, subject to the consent of the parties.
3. When the parties agree that a particular grievance will proceed through expedited adjudication, the Institute will submit to the FPSLREB the consent form signed by the grievor or the bargaining agent.
4. The parties may proceed with or without an agreed statement of facts. When the parties arrive at an agreed statement of facts it will be submitted to the FPSLREB or to the adjudicator at least forty-eight (48) hours prior to the start of the hearing.
5. No witnesses will testify.
6. The adjudicator will be appointed by the FPSLREB from among any of the members of the chairperson group, or any of its members who have had at least two (2) years, experience as a member of the Board.
7. Each expedited adjudication session will take place in Ottawa unless the parties and the FPSLREB agree otherwise. The cases will be scheduled jointly by the parties and the FPSLREB and will appear on the FPSLREB hearing schedule.
8. The adjudicator will make an oral determination at the hearing which will be recorded and initialled by the representatives of the parties. This will be confirmed in a written determination to be issued by the adjudicator within five (5) days of the hearing. The parties may, at the request of the adjudicator, vary the above conditions in a particular case.
9. The adjudicator’s determination will be final and binding on all the parties but will not constitute a precedent. The parties agree not to refer the determination to the Federal Court.

**Article 35: National Joint Council agreements

35.01 Agreements concluded by the National Joint Council (NJC) of the public service on items which may be included in a collective agreement, and which the parties to this agreement have endorsed after December 6, 1978, and as amended from time to time, will form part of this collective agreement, subject to the Federal Public Sector Labour Relations Act (FPSLRA) and any legislation by Parliament that has been or may be, as the case may be, established pursuant to any act specified in section 113(b) of the FPSLRA.

35.02 The NJC items which may be included in a collective agreement are those items which parties to the NJC agreements have designated as such or upon which the Chairman of the Federal Public Sector Labour Relations and Employment Board has made a ruling pursuant to paragraph (c) of the NJC memorandum of understanding which became effective December 6, 1978, as amended from time to time.

**

35.03 The following directives, policies or regulations, as amended from time to time by National Joint Council recommendation and which have been approved by the Treasury Board, form part of this collective agreement:

NJC directives

• Bilingualism Bonus Directive
• Commuting Assistance Directive
• First Aid to the General Public: Allowance for Employees
• Foreign Service Directives
• Isolated Posts and Government Housing Directive
• NJC Relocation Directive
• Occupational Health and Safety Directive
• Public Service Health Care Plan Directive
• Travel Directive
• Uniforms Directive

35.04 During the term of this collective agreement, other directives, policies or regulations may be added to the above-noted list.

35.05 Grievances in regard to the above directives, policies or regulations shall be filed in accordance with clause 34.01 of the article on grievance procedure in this collective agreement.

**Article 36: joint consultation

36.01 The parties acknowledge the mutual benefits to be derived from joint consultation and will consult on matters of common interest.

**

36.02 The subjects that may be determined as appropriate for joint consultation will be by mutual agreement of the parties and shall include consultation regarding career development, professional responsibilities and standards, quality of client services, scope of practice and workload. Consultation may be at the local, regional or national level as determined by the parties.

**

A joint committee may, by mutual agreement, establish subcommittees where a subject requires in-depth discussion.

36.03 Wherever possible, the Employer shall consult with representatives of the Institute at the appropriate level about contemplated changes in conditions of employment or working conditions not governed by this agreement. Both parties agree to consult in a timely manner so that the opinions of the consulted party can be taken into consideration before a decision is taken.

Joint Consultation Committee meetings

36.04 The Consultation Committees shall be composed of mutually agreeable numbers of employees and Employer representatives who shall meet at mutually satisfactory times. Committee meetings shall normally be held on the Employer’s premises during working hours.

36.05 Employees forming the continuing membership of the Consultation Committees shall be protected against any loss of normal pay by reason of attendance at such meetings with management, including reasonable travel time where applicable.

36.06 Joint Consultation Committees are prohibited from agreeing to items which would alter any provision of this collective agreement.

36.07 Without prejudice to the position the Employer or the Institute may wish to take in the future about the desirability of having the subjects dealt with by the provisions of collective agreements, the following subjects as they affect employees covered by this agreement, shall be regarded as appropriate subjects of consultation involving the Employer and the Institute during the term of this agreement:

1. pay administration;
2. relocation directive;
3. training;
4. cafeterias, mobile canteens, washrooms, restrooms, showers, locker facilities and recreational facilities;
5. parking privileges;
6. payment of school fees and costs of transportation to school for children of employees;
7. provision of uniforms and protective clothing;
8. provision to the Institute of departmental manuals and Treasury Board directives;
9. shift scheduling patterns.

36.08 With respect to the subjects listed in clause 36.07, the Employer agrees that new policies will not be introduced and existing regulations or directives will not be cancelled or amended by the Treasury Board in such a way as to affect employees covered by this agreement until such time as the Institute has been given a reasonable opportunity to consider and to consult on the Employer’s proposals.

Article 37: standards of discipline

37.01 Where written departmental standards of discipline are developed or amended, the Employer agrees to supply sufficient information on the standards of discipline to each employee and to the Institute.

37.02 When an employee is required to attend a meeting, the purpose of which is to conduct a disciplinary hearing concerning him or to render a disciplinary decision concerning him, the employee is entitled to have, at their request, a representative of the Institute attend the meeting. Where practicable, the employee shall receive a minimum of two (2) days’ notice of such a meeting as well as its purpose.

37.03 At any administrative inquiry, hearing or investigation conducted by the Employer, where the actions of an employee may have had a bearing on the events or circumstances leading thereto, and the employee is required to appear at the administrative inquiry, hearing or investigation being conducted, the employee may be accompanied by a representative of the Institute. Where practicable, the employee shall receive a minimum of two (2) days’ notice of such administrative inquiry, hearing or investigation being conducted as well as its purpose. The unavailability of the representative will not delay the inquiry, hearing or investigation more than forty-eight (48) hours from the time of notification to the employee.

37.04 Subject to the Access to Information Act and Privacy Act, the Employer shall provide the employee access to the information used during the disciplinary investigation.

37.05 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document concerning the conduct or performance of an employee the existence of which the employee was not aware at the time of filing or within a reasonable time thereafter.

37.06 When an employee is suspended from duty, the Employer undertakes to notify the employee in writing of the reason for such suspension. The Employer shall endeavour to give such notification at the time of suspension.

37.07 The Employer shall notify the local representative of the Institute as soon as possible that such suspension or termination has occurred.

37.08 Notice of disciplinary action which may have been placed on the personnel file of an employee shall be destroyed after two (2) years have elapsed since the disciplinary action was taken provided that no further disciplinary action has been recorded during this period. This period will automatically be extended by the length of any single period of leave without pay in excess of six (6) months.

Article 38: labour disputes

38.01 If employees whose normal duties are performed on the premises of another Employer are prevented from performing their duties because of a strike or lockout on this other Employer’s premises, the employees shall report the matter to the Employer and the Employer will consider measures designed to ensure that, so long as work is available, the employees affected are not denied regular pay and benefits to which they would normally be entitled.

**Article 39: part-time employees

39.01 Definition

1. Part-time employee means a person whose normal scheduled hours of work are less than thirty-seven decimal five (37.5) hours per week, but not less than those prescribed in the Federal Public Sector Labour Relations Act.
2. Notwithstanding the provisions of paragraph 39.01(a), NU-CHNs in FNIH, (known as regular part-time employees), whose normal scheduled hours of work average less than thirty-seven decimal five (37.5) hours per week, and whose hours are averaged over the period prescribed in the certificate of appointment, shall be subject to the provisions of this article.

39.02 General

Part-time employees shall be entitled to the benefits provided under this agreement in the same proportion as their normal scheduled weekly hours of work compared with the normal weekly hours of work of full-time employees unless otherwise specified in this agreement.

39.03 Part-time employees shall be paid at the hourly rate of pay for all work performed up to seven decimal five (7.5) hours in a day or thirty-seven decimal five (37.5) hours in a week unless the employee is working other daily or weekly hours of work as prescribed pursuant to Article 8 (hours of work and shift work).

39.04 The days of rest provisions of this collective agreement apply only in a week when a part-time employee has worked five (5) days and a minimum of thirty-seven decimal five (37.5) hours in a week at the hourly rate of pay.

39.05 Leave will only be provided:

1. during those periods in which employees are scheduled to perform their duties;
   or
2. where it may displace other leave as prescribed by this agreement.

**

39.06 Designated holidays

A part-time employee shall not be paid for the designated holidays but shall, instead be paid a premium of four decimal six per cent (4.6%) for all straight-time hours worked during the period of part-time employment.

1. Should an additional day be proclaimed by an act of Parliament as a national holiday, as per paragraph 12.01m), this premium will increase by zero decimal thirty-eight (0.38) percentage points.
2. The effective date of the percentage point increase will be within one hundred and eighty (180) days after the additional day is proclaimed by an act of Parliament as a national holiday, but not before the day on which the holiday is first observed.

39.07 Subject to Article 9 (overtime), when a part-time employee is required to work on a day which is prescribed as a designated paid holiday for a full-time employee in clause 12.01 of this agreement, the employee shall be paid according to paragraph 9.01(b) for all hours worked on the holiday.

39.08 Overtime

“Overtime” means work required by the Employer, to be performed by the employee, in excess of those hours prescribed in clause 39.03 but does not include time worked on a holiday.

39.09 Subject to Article 9 (overtime), a part-time employee who is required to work overtime shall be paid at time and one half (1 1/2) for all overtime hours worked. The provisions of clause 9.04 (compensatory leave) do not apply.

39.10 Call-back

1. When a part-time employee is called back to work or when a part-time employee who is on standby duty is called back to work by the Employer anytime outside the employee’s normal working hours, and such employee is not entitled to overtime in accordance with the present article, the employee shall be entitled to the greater of:
   1. a minimum of three (3) hours’ pay at the straight-time rate;
      or
   2. compensation at the applicable rate for all hours worked.
2. When a part-time employee is entitled to overtime in accordance with the present article the employee shall be paid in accordance with Article 11 (call-back) of this agreement.
3. Notwithstanding (a) or (b), when a part-time FNIH nurse who is on standby duty on a designated paid holiday is called back to work during the weekend following the designated paid holiday, the employee shall be entitled to overtime in accordance with the present article. The employee shall be paid in accordance with Article 11 (call-back) of this agreement regardless of the number of hours worked in that week.

39.11 Vacation leave

A part-time employee shall earn vacation leave credits for each month in which the employee receives pay for at least twice (2) the number of hours in the employee’s normal workweek, at the rate for years of employment established in clause 15.02, pro-rated and calculated as follows:

1. when the entitlement is nine decimal three seven five (9.375) hours a month, .250 multiplied by the number of hours in the employee’s workweek per month;
2. when the entitlement is twelve decimal five (12.5) hours a month, .333 multiplied by the number of hours in the employee’s workweek per month;
3. when the entitlement is thirteen decimal seven five (13.75) hours a month, .367 multiplied by the number of hours in the employee’s workweek per month;
4. when the entitlement is fourteen decimal four (14.4) hours a month, .383 multiplied by the number of hours in the employee’s workweek per month;
5. when the entitlement fifteen decimal six two five (15.625) hours a month, .417 multiplied by the number of hours in the employee’s workweek per month;
6. when the entitlement is sixteen decimal eight seven five (16.875) hours a month, .450 multiplied by the number of hours in the employee’s workweek per month;
7. when the entitlement is eighteen decimal seven five (18.75) hours a month, .500 multiplied by the number of hours in the employee’s workweek per month.

39.12 Sick leave

A part-time employee shall earn sick leave credits at the rate of one quarter (1/4) of the number of hours in an employee’s normal workweek for each calendar month in which the employee has received pay for at least twice (2) the number of hours in the employee’s normal workweek.

39.13 Vacation and sick leave administration

1. For the purposes of administration of clauses 39.11 and 39.12, where an employee does not work the same number of hours each week, the normal workweek shall be the weekly average calculated on a monthly basis.
2. An employee whose employment in any month is a combination of both full-time and part-time employment shall not earn vacation or sick leave credits in excess of the entitlement of a full-time employee.

39.14 Severance pay

Notwithstanding the provisions of Article 19 (severance pay) where the period of continuous employment in respect of which a severance benefit is to be paid consists of both full-and part-time employment or varying levels of part-time employment, the benefit shall be calculated as follows: the period of continuous employment eligible for severance pay shall be established and the part-time portions shall be consolidated to equivalent full-time. The equivalent full-time period in years shall be multiplied by the full-time weekly pay rate for the appropriate group and level to produce the severance pay benefit.

39.15 The weekly rate of pay referred to in clause 39.14 shall be the weekly rate of pay to which the employee is entitled for the classification prescribed in the employee’s certificate of appointment, immediately prior to the termination of employment.

Article 40: employee performance review and employee files

40.01 For the purpose of this article,

1. a formal assessment and/or appraisal of an employee’s performance means any written assessment and/or appraisal by any supervisor of how well the employee has performed assigned tasks during a specified period in the past;
2. formal assessment and/or appraisals of employee performance shall be recorded on a form prescribed by the Employer for this purpose.

40.02

1. When a formal assessment of an employee’s performance is made, the employee concerned must be given an opportunity to sign the assessment form in question upon its completion to indicate that its contents have been read. An employee’s signature on the assessment form shall be considered to be an indication only that its contents have been read and shall not indicate the employee’s concurrence with the statements contained on the form.

   A copy of the employee’s assessment form shall be provided to him at the time the assessment is signed by the employee.

2. The Employer’s representative(s) who assesses an employee’s performance must have observed or been aware of the employee’s performance for at least one half (1/2) of the period for which the employee’s performance is evaluated.

40.03 When an employee disagrees with the assessment and/or appraisal of their work the employee shall have the right to present written counter-arguments to the manager(s) or committee(s) responsible for the assessment and/or appraisal decision.

40.04 Upon written request of an employee, all the personnel files of that employee shall be made available for their examination in the presence of an authorized representative of the Employer.

40.05 When a report pertaining to an employee’s performance or conduct is placed on that employee’s personnel file, the employee concerned shall be given:

1. a copy of the report placed on their file;
2. an opportunity to sign the report in question to indicate that its contents have been read;
   and
3. an opportunity to submit such written representation as the employee may deem appropriate concerning the report and to have such written representations attached to the report.

Article 41: employment references

41.01 On application by an employee, the Employer shall provide personal references to the prospective Employer of such employee, indicating length of service, principal duties and responsibilities and performance of such duties.

Article 42: sexual harassment

42.01 The Institute and the Employer recognize the right of employees to work in an environment free from sexual harassment and agree that sexual harassment will not be tolerated in the workplace.

42.02

1. Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.
2. If by reason of paragraph 42.02(a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

42.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with sexual harassment. The selection of the mediator will be by mutual agreement.

42.04 Upon request by the complainant(s) and/or respondent(s) an official copy of the investigation report shall be provided to them by the Employer subject to the Access to Information Act and Privacy Act.

**Article 43: no discrimination

**

43.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practised with respect to an employee by reason of age, race, creed, colour, national or ethnic origin, religious affiliation, sex, sexual orientation, gender identity or expression, family status, marital status, genetic characteristics, a conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered, mental or physical disability, or membership or activity in the Institute.

43.02

1. Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of a complaint.
2. If by reason of paragraph 43.02(a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

43.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with discrimination. The selection of the mediator will be by mutual agreement.

43.04 Upon request by the complainant(s) and/or respondent(s) an official copy of the investigation report shall be provided to them by the Employer subject to the Access to Information Act and Privacy Act.

**Article 44: Correctional Service Specific Duty Allowance

**

44.01 The Correctional Service Specific Duty Allowance (CSSDA) shall be payable to incumbents of specific positions in the bargaining unit within the Correctional Service of Canada (CSC). The CSSDA provides additional compensation to an incumbent of a position who performs certain duties or responsibilities specific to CSC (that is, custody of inmates, the regular supervision of offenders, or the support of programs related to the conditional release of those offenders) within penitentiaries or community parole offices as defined in the Corrections and Conditional Release Act, and/or CSC Commissioner Directives.

**

44.02 The value of the CSSDA shall be two thousand one hundred and forty dollars ($2,140) annually. Except as prescribed in clause 44.03 below, this allowance shall be paid on a biweekly basis for any month in which an employee performs the duties for a minimum period of ten (10) days in a position to which the CSSDA applies.

44.03 Where the employee’s basic monthly pay entitlement (including any applicable allowances) in the position to which they are temporarily acting or assigned is less than their monthly pay entitlement, plus the CSSDA in their substantive position, the employee shall retain the CSSDA applicable to their substantive position for the duration of that temporary period.

44.04 An employee will be entitled to receive the CSSDA, in accordance with 44.01:

1. during any period of paid leave up to a maximum of sixty (60) consecutive calendar days;
   or
2. during the full period of paid leave where an employee is granted injury-on-duty leave with pay because of an injury resulting from an act of violence from one or more inmates.

44.05 The CSSDA shall not form part of an employee’s salary except for the purposes of the following benefit plans:

• Public Service Superannuation Act
• Public Service Disability Insurance Plan
• Canada Pension Plan
• Québec Pension Plan
• Employment Insurance
• Government Employees Compensation Act
• Flying Accidents Compensation Regulations

**Article 45: pay

45.01 Except as provided in clauses 45.01 to 45.10 inclusive, and the notes to Appendix “A” of this agreement, the terms and conditions governing the application of pay to employees are not affected by this agreement.

45.02 An employee is entitled to be paid for services rendered at:

1. the pay specified in Appendix “A” for the classification of the position to which the employee is appointed, if the classification coincides with that prescribed in the employee’s certificate of appointment,
   or
2. the pay specified in Appendix “A” for the classification prescribed in the employee’s certificate of appointment, if that classification and the classification of the position to which the employee is appointed do not coincide.

45.03 The rates of pay set forth in Appendix “A” shall become effective on the date specified therein.

45.04 Only rates of pay and compensation for overtime which has been paid to an employee during the retroactive period will be recomputed and the difference between the amount paid on the old rates of pay and the amount payable on the new rates of pay will be paid to the employee.

45.05 Pay administration

When two (2) or more of the following actions occur on the same date, namely appointment, pay increment, pay revision, the employee’s rate of pay shall be calculated in the following sequence:

1. the employee shall receive their pay increment;
2. the employee’s rate of pay shall be revised;
3. the employee’s rate of pay on appointment shall be established in accordance with this agreement.

45.06 Rates of pay

1. The rates of pay set forth in Appendix “A” shall become effective on the dates specified.
2. Where the rates of pay set forth in Appendix “A” have an effective date prior to the date of signing of this agreement, the following shall apply:
   1. “retroactive period” for the purpose of subparagraphs (ii) to (v) means the period from the effective date of the revision up to and including the day before the collective agreement is signed or when an arbitral award is rendered therefor;
   2. a retroactive upward revision in rates of pay shall apply to employees, former employees or in the case of death, the estates of former employees who were employees in the groups identified in Article 25 of this agreement during the retroactive period;
   3. for initial appointments made during the retroactive period, the rate of pay selected in the revised rates of pay is the rate which is shown immediately below the rate of pay being received prior to the revision;
   4. for promotions, demotions, deployments, transfers or acting situations effective during the retroactive period, the rate of pay shall be recalculated, in accordance with the Directive on Terms and Conditions of Employment, using the revised rates of pay. If the recalculated rate of pay is less than the rate of pay the employee was previously receiving, the revised rate of pay shall be the rate, which is nearest to, but not less than the rate of pay being received prior to the revision. However, where the recalculated rate is at a lower step in the range, the new rate shall be the rate of pay shown immediately below the rate of pay being received prior to the revision;
   5. no payment or no notification shall be made pursuant to paragraph 45.06(b) for one dollar ($1.00) or less.

45.07 This article is subject to the memorandum of understanding signed by the Employer and the Professional Institute of the Public Service of Canada dated July 21, 1982, in respect of red-circled employees.

45.08 Overpayment

Should there be an error made in pay calculations resulting in an overpayment, the employee shall be notified beforehand in writing of the requirement for repayment to the Employer and the intended repayment schedule. The Employer will discuss the proposed schedule with the employee prior to putting it into effect.

45.09 Acting pay

1. When an employee is required by the Employer to substantially perform the duties of a higher classification level on an acting basis for the number of consecutive working days indicated in (i) or (ii), the employee shall be paid acting pay calculated from the date on which the employee commenced to act as if the employee had been appointed to that higher classification level for the period in which the employee acts.
   1. two (2) working days: ND-DIT and OP Level 1, and NU-CHN and NU-HOS Levels 1 to 4;

   **

   2. three (3) working days: all other employees.
2. When a day designated as a paid holiday occurs during the qualifying period, the holiday shall be considered as a day worked for the purpose of the qualifying period.

45.10 New classification standard

If, during the term of this agreement, a new classification standard is established and implemented by the Employer, the Employer shall, before applying rates of pay to new levels resulting from the application of the standard, negotiate with the Institute the rates of pay and the rules affecting the pay of employees on their movement to the new levels.

**Article 46: variation in hours of work

46.01 Principle

**

The following conditions shall apply to employees to whom the provisions of clause 8.06 (compressed work schedule) and subparagraph 8.09(e)(i) (shift longer than seven decimal five (7.5) hours) of Article 8 apply.

It is agreed that the implementation of any variation in hours shall not result under any circumstances in any additional expenditure or cost by reason of such variation.

Before changing the hours of work approved under subparagraph 8.09(e)(i), the Employer shall consult with the Institute. Such consultation shall be held no later than two (2) months prior to the modification of the hours of work agreed to under subparagraph 8.09(e)(i).

During the consultation, the Employer shall provide the Union with the relevant information (such as statistics and rationale) in support of the proposed change.

46.02 General application

1. Conversion to hours
   1. The provisions of the collective agreement which specify days shall be converted to hours based on a seven decimal five (7.5) hour day as follows:
      • five twelfths (5/12) day = 3.125 hours
      • one (1) day = 7.500 hours
      • one and one quarter (1 1/4) days = 9.375 hours
      • one and two thirds (1 2/3) days = 12.500 hours
      • one and eleven twelfths (1 11/12) days = 14.375 hours
      • two and one twelfth (2 1/12) days = 15.625 hours
      • two and one half (2 1/2) days = 18.750 hours
   2. Notwithstanding the above, in clause 17.02 (bereavement leave with pay) and Article 34 (grievance procedure), a day will have the same meaning as the provisions of the collective agreement.
2. Implementation and termination

   Effective the date on which clause 8.06 and paragraph 8.09(c) of Article 8 (hours of work and shift work), apply or cease to apply to an employee, the accrued vacation and sick leave credits shall be converted to days or hours, as applicable.

3. Leave: usage

   When leave is granted, it will be granted on an hourly basis with the hours debited for each day of leave being the same as the hours the employee would normally have been scheduled to work on that day.

46.03 Specific applications

For greater certainty, the following provisions shall be administered as provided herein:

1. Article 2: interpretation and definitions

   Paragraph 2.01(c): “daily rate of pay” shall not apply.

2. Article 9: overtime
   1. Overtime compensation shall only be applicable on a normal workday for hours in excess of the employee’s scheduled daily hours of work.
   2. The provision of two (2) times the straight-time hourly rate still applies when a designated paid holiday(s) separates the period of consecutive and contiguous days of rest provided the requirements of subparagraph 46.03(b)(i) above are met.
3. Article 12: designated paid holiday

   A designated holiday shall account for seven decimal five (7.5) hours.

4. Article 13: travelling time

   Overtime compensation referred to in clause 13.01 shall only be applicable on a normal workday for hours in excess of the employee’s scheduled daily hours of work.

5. Article 15: vacation leave

   Leave when employment terminates

   **

   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 to their credit by the hourly rate of pay as calculated from the rate specified in their certificate of appointment prior to the termination of their employment.

**Article 47: shift and weekend premiums

47.01

**

An employee on shift work shall receive a shift premium of two dollars and twenty-five cents ($2.25) per hour for all hours worked between 1600 and 0800 hours. The shift premium will not be paid for hours worked between 0800 and 1600 hours.

47.02

**

1. Employees shall receive an additional premium of two dollars and twenty-five cents ($2.25) per hour for work on a Saturday and/or Sunday for hours worked as stipulated in (b) below.
2. Weekend premiums shall be payable in respect of all regularly scheduled hours at straight-time rates worked on Saturday and/or Sunday.

Article 48: shift principle

48.01

1. When a full-time employee is required to attend one of the following proceedings outside a period which extends before or beyond three (3) hours their scheduled hours of work on a day during which they would be eligible for a shift premium, the employee may request that their hours of work on that day be scheduled between 7 am and 6 pm.
   1. Federal Public Sector Labour Relations and Employment Board proceedings

      Clauses 30.01, 30.02, 30.04, 30.05 and 30.06.

   2. Contract negotiation and preparatory contract negotiation meetings

      Clauses 30.10 and 30.11.

   3. Personnel selection process

      Article 17.14.

   4. To write provincial certification examinations which are a requirement for the continuation of the performance of the duties of the employee’s position.
   5. Training courses which the employee is required to attend by the Employer.
   6. Provincial workers’ compensation hearings.
2. In no case will the employee be required to report back for work on their next scheduled work period without at least twelve (12) hours of rest; nor will the employee lose any portion of their regular pay because the employee reported for work later than the scheduled start of the shift.
3. In every case, such request will be granted provided there is no increase in cost to the Employer.
4. Notwithstanding paragraph (c), proceedings described in subparagraph 48.01(a)(v) are not subject to the condition that there be no increase in cost to the Employer.

Article 49: contracting out

49.01 The Employer will continue past practice in giving all reasonable consideration to continued employment in the public service of employees who would otherwise become redundant because work is contracted out.

49.02 Subject to the willingness and capacity of individual employees to accept relocation and retraining, the Employer will make every reasonable effort to ensure that any reduction in the workforce will be accomplished through attrition.

Article 50: dangerous goods

50.01 An employee certified pursuant to the Transportation of Dangerous Goods Act and who is assigned the responsibility for packaging and labelling of dangerous goods for shipping in accordance with the above act, shall receive a daily allowance of three dollars and fifty cents ($3.50) for each day they are required to package and label dangerous goods for shipping, to a maximum of seventy-five dollars ($75) in a month where the employee maintains such certification.

Article 51: agreement reopener

51.01 This agreement may be amended by mutual consent. If either party wishes to amend or vary this agreement, it shall give to the other party notice of any amendment proposed and the parties shall meet and discuss such proposal not later than one (1) calendar month after receipt of such notice.

**Article 52: duration

**

52.01 The duration of this collective agreement shall be from the date it is signed to September 30, 2026.

52.02 Unless otherwise expressly stipulated, the provisions of this agreement shall become effective on the date it is signed.

52.03 The provisions of this collective agreement shall be implemented by the parties within a period of one hundred and twenty (120) days from the date of its signing.

52.04 All elements identified in the table of contents form part of this agreement.

Signed at Ottawa, this 12th day of the month of November, 2024.

**Appendix “A” – Rates of Pay

DE: Dentistry Group annual rates of pay (in dollars)

Table legend

• $) Effective October 1, 2021
• A) Effective October 1, 2022
• X) Effective October 1, 2022 – wage adjustment
• B) Effective October 1, 2023
• Y) Effective October 1, 2023 – pay line adjustment
• C) Effective October 1, 2024
• Z) Effective October 1, 2024 – wage adjustment
• R) Effective within one hundred and eighty (180) days of signing – restructure
• D) Effective October 1, 2025

Rates of pay will change within one hundred and eighty (180) days after the signing of the collective agreement. Changes to rates of pay with an effective date prior to the salary adjustment date will be paid according to Appendix “BB,” as a lump-sum payment. In particular:

1. Year 1 (2022) increases (that is, “A” and “X”): paid as a retroactive lump-sum payment equal to a 3.50% economic increase and a 1.25% wage adjustment, for a compounded total increase of 4.794% of October 1, 2021, rates.
2. Year 2 (2023) increases (that is, “B” and “Y”): paid as a retroactive lump-sum payment equal to the Year 1 increases plus a 3.00% economic increase and a 0.50% pay line adjustment for a compounded total increase of 8.477% of October 1, 2021, rates.
3. Year 3 (2024) increases (that is, “C” and “Z”): paid as a retroactive lump-sum payment equal to the Year 1 and 2 increases plus a 2.00% economic increase and a 0.25% wage adjustment for a compounded total increase of 10.923% of October 1, 2021, rates.

Pay notes

Pay increment for full-time and part-time employees

1. The pay increment period for employees at the DE levels 1 to 3 is twelve (12) months. A part-time employee who, on the date of signing of this collective agreement, has worked more than twelve (12) months since the last increment will receive a salary increment effective on the date of signing. The next statutory increase for part-time employees will be calculated from this date.
2. The pay increment for an employee appointed on or after May 14, 1981, to a position in the bargaining unit upon promotion, demotion or from outside the public service, shall be the anniversary date of such appointment. The anniversary date for an employee who was appointed to a position in the bargaining unit prior to the application of the date mentioned above, remains unchanged.

**

3. Within one hundred and eighty (180) days of the signing of the collective agreement, on the date of the restructure:
   1. Employees at the DE levels 1 to 3 who have been at step 7 for at least twelve (12) months, will move to the new maximum step 8.
   2. For employees who moved in the pay scale on the date of restructure, the twelve (12) month pay increment period will be calculated starting on the date of restructure for all employees.

Pay adjustment administration

4. All employees being paid at the DE levels 1 to 3 scale of rates shall, on the relevant effective dates in Appendix “A,” be paid in the A, X, B, Y, C, Z, R and D scales of rates shown immediately below the employee’s former rate of pay.

MD: Medicine Group annual rates of pay (in dollars)

Table legend

• $) Effective October 1, 2021
• A) Effective October 1, 2022
• X) Effective October 1, 2022 – wage adjustment
• B) Effective October 1, 2023
• Y) Effective October 1, 2023 – pay line adjustment
• C) Effective October 1, 2024
• Z) Effective October 1, 2024 – wage adjustment
• D) Effective October 1, 2025

Medical Officer Sub-Group

Medical Specialist Sub-Group

Rates of pay will change within one hundred and eighty (180) days after the signing of the collective agreement. Changes to rates of pay with an effective date prior to the salary adjustment date will be paid according to Appendix “BB,” as a lump-sum payment. In particular:

1. Year 1 (2022) increases (that is, “A” and “X”): paid as a retroactive lump-sum payment equal to a 3.50% economic increase and a 1.25% wage adjustment, for a compounded total increase of 4.794% of October 1, 2021, rates.
2. Year 2 (2023) increases (that is, “B” and “Y”): paid as a retroactive lump-sum payment equal to the Year 1 increases plus a 3.00% economic increase and a 0.50% pay line adjustment for a compounded total increase of 8.477% of October 1, 2021, rates.
3. Year 3 (2024) increases (that is, “C” and “Z”): paid as a retroactive lump-sum payment equal to the Year 1 and 2 increases plus a 2.00% economic increase and a 0.25% wage adjustment for a compounded total increase of 10.923% of October 1, 2021, rates.

Pay notes

Pay increment for full-time and part-time employees

1. The pay increment period for employees at the MD-MOF levels 1 to 4 and at the MD-MSP levels 1 to 2 is twelve (12) months. A part-time employee who, on the date of signing of this collective agreement, has worked more than twelve (12) months since the last increment will receive a salary increment effective on the date of signing. The next statutory increase for part-time employees will be calculated from this date.
2. The pay increment for an employee appointed on or after April 9, 1981, to a position in the bargaining unit upon promotion, demotion or from outside the public service, shall be the anniversary date of such appointment. The anniversary date for an employee who was appointed to a position in the bargaining unit prior to the application of the date mentioned above, remains unchanged.

Pay adjustment administration

3. All employees being paid in the MD-MOF levels 1 to 4 and at the MD-MSP levels 1 to 2 scale of rates shall, on the relevant effective dates in Appendix “A,” be paid in the A, X, B, Y, C, Z and D scales of rates shown immediately below the employee’s former rate of pay.

ND: Nutrition and Dietetics Group annual rates of pay (in dollars)

Table legend

• $) Effective October 1, 2021
• A) Effective October 1, 2022
• X) Effective October 1, 2022 – wage adjustment
• B) Effective October 1, 2023
• Y) Effective October 1, 2023 – pay line adjustment
• C) Effective October 1, 2024
• Z) Effective October 1, 2024 – wage adjustment
• R) Effective within one hundred and eighty (180) days of signing – restructure
• D) Effective October 1, 2025

Sub-Group: Dietitian

Sub-Group: Advisory

Sub-Group: Home Economist

Rates of pay will change within one hundred and eighty (180) days after the signing of the collective agreement. Changes to rates of pay with an effective date prior to the salary adjustment date will be paid according to Appendix “BB,” as a lump-sum payment. In particular:

1. Year 1 (2022) increases (that is, “A” and “X”): paid as a retroactive lump-sum payment equal to a 3.50% economic increase and a 1.25% wage adjustment, for a compounded total increase of 4.794% of October 1, 2021, rates.
2. Year 2 (2023) increases (that is, “B” and “Y”): paid as a retroactive lump-sum payment equal to the Year 1 increases plus a 3.00% economic increase and a 0.50% pay line adjustment for a compounded total increase of 8.477% of October 1, 2021, rates.
3. Year 3 (2024) increases (that is, “C” and “Z”): paid as a retroactive lump-sum payment equal to the Year 1 and 2 increases plus a 2.00% economic increase and a 0.25% wage adjustment for a compounded total increase of 10.923% of October 1, 2021, rates.

Pay notes

Pay increment for full-time and part-time employees

1. The pay increment period for employees at the ND-DIT levels 1 to 4, ND-ADV levels 1 to 3 and ND-HME levels 1 to 4 is twelve (12) months. A part-time employee who, on the date of signing of this collective agreement, has worked more than twelve (12) months since the last increment will receive a salary increment effective on the date of signing. The next statutory increase for part-time employees will be calculated from this date.
2. The pay increment date for an employee, appointed on or after date of signing of this collective agreement, to a position in the bargaining unit upon promotion, demotion or from outside the public service, shall be the anniversary date of such appointment. The anniversary date for an employee who was appointed to a position in the bargaining unit prior to the signing date of this collective agreement, remains unchanged.

**

3. Within one hundred and eighty (180) days of the signing of the collective agreement, on the date of the restructure:
   1. Employees at the following levels:
      1. ND-DIT level 1 who have been at step 8 for at least twelve (12) months, will move to the new maximum Step 9.
      2. ND-DIT levels 2 to 4 who have been at step 6 for at least twelve (12) months, will move to the new maximum step 7.
      3. ND-ADV levels 1 and 2 who have been at step 6 for at least twelve (12) months, will move to the new maximum step 7.
      4. ND-ADV level 3 who have been at step 7 for at least twelve (12) months, will move to the new maximum step 8.
      5. ND-HME levels 1 and 4 who have been at step 6 for at least twelve (12) months, will move to the new maximum step 7.
      6. ND-HME levels 2 and 3 who have been at step 7 for at least twelve (12) months, will move to the new maximum step 8
   2. For employees who moved in the pay scale on the date of restructure, the twelve (12) month-pay increment period will be calculated starting on the date of restructure for all employees.

Pay adjustment administration

4. All employees being paid in the ND-DIT levels 1 to 4, ND-ADV levels 1 to 3 and ND-HME level 1 to 4 scale of rates shall, on the relevant effective dates in Appendix “A,” be paid in the A, X, B, Y, C, Z, R and D scales of rates shown immediately below the employee’s former rate of pay.

Rate of pay on appointment

5.  
   1. The rate of pay on initial appointment shall be no less than:

      Subparagraphs (i), (ii), (iii) and (iv) apply to ND-ADV-1, ND-DIT-1, and ND-HME-2 only.

      1. the first (1st) rate of the salary scale for persons with less than one (1) year of recent and relevant experience;
      2. the second (2nd) rate of the salary scale for persons with one (1) year, but less than two (2) years of recent and relevant experience;
      3. the third rate of the salary scale for persons with two (2) years, but less than three (3) years of recent and relevant experience;
      4. the fourth rate of the salary scale for persons with three (3) years, but less than four (4) years of recent and relevant experience;

      Subparagraph (v) applies to ND-ADV-1, ND-DIT-1 and ND-HME-2 only.

      5. the fifth rate of the salary scale for persons with four (4) years, but less than five (5) years of recent and relevant experience;

      Subparagraph (vi) applies to ND-DIT-1 and ND-HME-2 only.

      6. the sixth rate of the salary scale for persons with five (5) years, but less than six (6) years of recent and relevant experience;

      Subparagraph (vii) applies to ND-DIT-1 only.

      7. the seventh rate of the salary scale for persons with six (6) years, but less than seven (7) years of recent and relevant experience.

OP: Occupational and Physical Therapy Group annual rates of pay (in dollars)

Table legend

• $) Effective October 1, 2021
• A) Effective October 1, 2022
• X) Effective October 1, 2022 – wage adjustment
• B) Effective October 1, 2023
• Y) Effective October 1, 2023 – pay line adjustment
• C) Effective October 1, 2024
• Z) Effective October 1, 2024 – wage adjustment
• D) Effective October 1, 2025

Rates of pay will change within one hundred and eighty (180) days after the signing of the collective agreement. Changes to rates of pay with an effective date prior to the salary adjustment date will be paid according to Appendix “BB,” as a lump-sum payment. In particular:

1. Year 1 (2022) increases (that is, “A” and “X”): paid as a retroactive lump-sum payment equal to a 3.50% economic increase and a 1.25% wage adjustment, for a compounded total increase of 4.794% of October 1, 2021, rates.
2. Year 2 (2023) increases (that is, “B” and “Y”): paid as a retroactive lump-sum payment equal to the Year 1 increases plus a 3.00% economic increase and a 0.50% pay line adjustment for a compounded total increase of 8.477% of October 1, 2021, rates.
3. Year 3 (2024) increases (that is, “C” and “Z”): paid as a retroactive lump-sum payment equal to the Year 1 and 2 increases plus a 2.00% economic increase and a 0.25% wage adjustment for a compounded total increase of 10.923% of October 1, 2021, rates.

Pay notes

Pay increment for full-time and part-time employees

1. The pay increment period for employees at the OP levels 1 to 3 is twelve (12) months. A part-time employee who, on the date of signing of this collective agreement, has worked more than twelve (12) months since the last increment will receive a salary increment effective on the date of signing. The next statutory increase for part-time employees will be calculated from this date.
2. The pay increment date for an employee, appointed on or after date of signing of this collective agreement, to a position in the bargaining unit upon promotion, demotion or from outside the public service, shall be the anniversary date of such appointment. The anniversary date for an employee who was appointed to a position in the bargaining unit prior to the signing date of this collective agreement, remains unchanged.

Pay adjustment administration

3. All employees being paid in the OP levels 1 to 3 scale of rates shall, on the relevant effective dates in Appendix “A,” be paid in the A, X, B, Y, C, Z and D scales of rates shown immediately below the employee’s former rate of pay.

Rate of pay on appointment

4.  
   1. The rate of pay on initial appointment shall be no less than:
      1. the first (1st) rate of the salary scale for persons with less than one (1) year of recent and relevant experience;
      2. the second (2nd) rate of the salary scale for persons with one (1) year, but less than two (2) years of recent and relevant experience;
      3. the third (3rd) rate of the salary scale for persons with two (2) years, but less than three (3) years of recent and relevant experience;
      4. the fourth (4th) rate of the salary scale for persons with three (3) years, but less than four (4) years of recent and relevant experience;
      5. Where there are more than four (4) experience increments at level OP-1, persons will be granted one (1) experience increment for each additional year of recent and relevant experience to the maximum of the level of the pay scale.

PH: Pharmacy Group annual rates of pay (in dollars)

Table legend

• $) Effective October 1, 2021
• A) Effective October 1, 2022
• X) Effective October 1, 2022 – wage adjustment
• B) Effective October 1, 2023
• Y) Effective October 1, 2023 – pay line adjustment
• C) Effective October 1, 2024
• Z) Effective October 1, 2024 – wage adjustment
• R) Effective within one hundred and eighty (180) days of signing – restructure
• D) Effective October 1, 2025

Rates of pay will change within one hundred and eighty (180) days after the signing of the collective agreement. Changes to rates of pay with an effective date prior to the salary adjustment date will be paid according to Appendix “BB,” as a lump-sum payment. In particular:

1. Year 1 (2022) increases (that is, “A” and “X”): paid as a retroactive lump-sum payment equal to a 3.50% economic increase and a 1.25% wage adjustment, for a compounded total increase of 4.794% of October 1, 2021, rates.
2. Year 2 (2023) increases (that is, “B” and “Y”): paid as a retroactive lump-sum payment equal to the Year 1 increases plus a 3.00% economic increase and a 0.50% pay line adjustment for a compounded total increase of 8.477% of October 1, 2021, rates.
3. Year 3 (2024) increases (that is, “C” and “Z”): paid as a retroactive lump-sum payment equal to the Year 1 and 2 increases plus a 2.00% economic increase and a 0.25% wage adjustment for a compounded total increase of 10.923% of October 1, 2021, rates.

Pay notes

Pay increment for full-time and part-time employees

1. The pay increment period for employees at the PH levels 1 to 3 is twelve (12) months. A part-time employee who, on the date of signing of this collective agreement, has worked more than twelve (12) months since the last increment will receive a salary increment effective on the date of signing. The next statutory increase for part-time employees will be calculated from this date.
2. The pay increment for an employee appointed on or after April 20, 1982, to a position in the bargaining unit upon promotion, demotion or from outside the public service, shall be the anniversary date of such appointment. The anniversary date for an employee who was appointed to a position in the bargaining unit prior to the application of the date mentioned above, remains unchanged.

**

3. Within one hundred and eighty (180) days of the signing of the collective agreement, on the date of the restructure:
   1. Employees at the PH levels 1 to 3 who have been at step 5 for at least twelve (12) months, will move to the new maximum step 6.
   2. For employees who moved in the pay scale on the date of restructure, the twelve (12) month-pay increment period will be calculated starting on the date of restructure for all employees.

Pay adjustment administration

4. All employees being paid in the PH levels 1 to 3 scale of rates shall, on the relevant effective dates in Appendix “A,” be paid in the A, X, B, Y, C, Z, R and D scales of rates shown immediately below the employee’s former rate of pay.

PS: Psychology Group annual rates of pay (in dollars)

Table legend

• $) Effective October 1, 2021
• A) Effective October 1, 2022
• X) Effective October 1, 2022 – wage adjustment
• B) Effective October 1, 2023
• C) Effective October 1, 2024
• Y) Effective October 1, 2024 – market adjustment
• Z) Effective October 1, 2024 – wage adjustment
• D) Effective October 1, 2025

Rates of pay will change within one hundred and eighty (180) days after the signing of the collective agreement. Changes to rates of pay with an effective date prior to the salary adjustment date will be paid according to Appendix “BB,” as a lump-sum payment. In particular:

1. Year 1 (2022) increases (that is, “A” and “X”): paid as a retroactive lump-sum payment equal to a 3.50% economic increase and a 1.25% wage adjustment, for a compounded total increase of 4.794% of October 1, 2021, rates.
2. Year 2 (2023) increase (that is, “B”): paid as a retroactive lump-sum payment equal to the Year 1 increases plus a 3.00% economic increase for a compounded total increase of 7.938% of October 1, 2021, rates.
3. Year 3 (2024) increases (that is, “C,” “Y” and “Z”): paid as a retroactive lump-sum payment equal to the Year 1 and 2 increases plus a 2.00% economic increase, a 9.25% market adjustment, and a 0.25% wage adjustment for a compounded total increase of 20.581% of October 1, 2021, rates.

Pay notes

Pay increment for full-time and part-time employees

1. The pay increment period for employees at the PS levels 1 to 5 is twelve (12) months. A part-time employee who, on the date of signing of this collective agreement, has worked more than twelve (12) months since the last increment will receive a salary increment effective on the date of signing. The next statutory increase for part-time employees will be calculated from this date.
2. The pay increment date for an employee, appointed on or after date of signing of this collective agreement, to a position in the bargaining unit upon promotion, demotion or from outside the public service, shall be the anniversary date of such appointment. The anniversary date for an employee who was appointed to a position in the bargaining unit prior to the signing date of this collective agreement, remains unchanged.

Pay adjustment administration

3. All employees being paid in the PS levels 1 to 5 scale of rates shall, on the relevant effective dates in Appendix “A,” be paid in the A, X, B, C, Y, Z and D scales of rates shown immediately below the employee’s former rate of pay.

SW: Social Work Group annual rates of pay (in dollars)

Table legend

• $) Effective October 1, 2021
• A) Effective October 1, 2022
• X) Effective October 1, 2022 – wage adjustment
• B) Effective October 1, 2023
• Y) Effective October 1, 2023 – pay line adjustment
• C) Effective October 1, 2024
• Z) Effective October 1, 2024 – wage adjustment
• R) Effective within one hundred and eighty (180) days of signing – restructure
• D) Effective October 1, 2025

Sub-Group: Social Welfare

Sub-Group: Chaplain

Rates of pay will change within one hundred and eighty (180) days after the signing of the collective agreement. Changes to rates of pay with an effective date prior to the salary adjustment date will be paid according to Appendix “BB,” as a lump-sum payment. In particular:

1. Year 1 (2022) increases (that is, “A” and “X”): paid as a retroactive lump-sum payment equal to a 3.50% economic increase and a 1.25% wage adjustment, for a compounded total increase of 4.794% of October 1, 2021, rates.
2. Year 2 (2023) increases (that is, “B” and “Y”): paid as a retroactive lump-sum payment equal to the Year 1 increases plus a 3.00% economic increase and a 0.50% pay line adjustment for a compounded total increase of 8.477% of October 1, 2021, rates.
3. Year 3 (2024) increases (that is, “C” and “Z”): paid as a retroactive lump-sum payment equal to the Year 1 and 2 increases plus a 2.00% economic increase and a 0.25% wage adjustment for a compounded total increase of 10.923% of October 1, 2021, rates.

Pay notes

Pay increment for full-time and part-time employees

1. The pay increment period for employees at the SW-SCW levels 1 to 5 and at the SW-CHA levels 1 to 3 is twelve (12) months. A part-time employee who, on the date of signing of this collective agreement, has worked more than twelve (12) months since the last increment will receive a salary increment effective on the date of signing. The next statutory increase for part-time employees will be calculated from this date.
2. The pay increment date for an employee, appointed on or after date of signing of this collective agreement, to a position in the bargaining unit upon promotion, demotion or from outside the public service, shall be the anniversary date of such appointment. The anniversary date for an employee who was appointed to a position in the bargaining unit prior to the signing date of this collective agreement, remains unchanged.

**

3. Within one hundred and eighty (180) days of the signing of the collective agreement, on the date of the restructure:
   1. Employees at the SW-SCW levels 1 to 5 and at the SW-CHA levels 1 to 3 who have been at the former maximum step for at least twelve (12) months, will move to the next step.
   2. For employees who moved in the pay scale on the date of restructure, the twelve (12) month pay increment period will be calculated starting on the date of restructure for all employees.

Pay adjustment administration

4. All employees being paid in the SW-SCW levels 1 to 5 and SW-CHA levels 1 to 3 scale of rates shall, on the relevant effective dates in Appendix “A,” be paid in the A, X, B, Y, C, Z, R and D scales of rates shown immediately below the employee’s former rate of pay.

VM: Veterinary Medicine Group annual rates of pay (in dollars)

Table legend

• $) Effective October 1, 2021
• A) Effective October 1, 2022
• X) Effective October 1, 2022 – wage adjustment
• B) Effective October 1, 2023
• Y) Effective October 1, 2023 – pay line adjustment
• C) Effective October 1, 2024
• Z) Effective October 1, 2024 – wage adjustment
• R) Effective within one hundred and eighty (180) days of signing – restructure
• D) Effective October 1, 2025

Rates of pay will change within one hundred and eighty (180) days after the signing of the collective agreement. Changes to rates of pay with an effective date prior to the salary adjustment date will be paid according to Appendix “BB,” as a lump-sum payment. In particular:

1. Year 1 (2022) increases (that is, “A” and “X”): paid as a retroactive lump-sum payment equal to a 3.50% economic increase and a 1.25% wage adjustment, for a compounded total increase of 4.794% of October 1, 2021, rates.
2. Year 2 (2023) increases (that is, “B” and “Y”): paid as a retroactive lump-sum payment equal to the Year 1 increases plus a 3.00% economic increase and a 0.50% pay line adjustment for a compounded total increase of 8.477% of October 1, 2021, rates.
3. Year 3 (2024) increases (that is, “C” and “Z”): paid as a retroactive lump-sum payment equal to the Year 1 and 2 increases plus a 2.00% economic increase and a 0.25% wage adjustment for a compounded total increase of 10.923% of October 1, 2021.

Pay notes

Pay increment for full-time and part-time employees

1. The pay increment period for employees at the VM levels 1 to 5 is twelve (12) months. A part-time employee who, on the date of signing of this collective agreement, has worked more than twelve (12) months since the last increment will receive a salary increment effective on the date of signing. The next statutory increase for part-time employees will be calculated from this date.
2. The pay increment date for an employee, appointed on or after date of signing of this collective agreement, to a position in the bargaining unit upon promotion, demotion or from outside the public service, shall be the anniversary date of such appointment. The anniversary date for an employee who was appointed to a position in the bargaining unit prior to the signing date of this collective agreement, remains unchanged.

**

3. Within one hundred and eighty (180) days of the signing of the collective agreement, on the date of the restructure:
   1. Employees at the VM levels 1 to 5 who have been at step 5 for at least twelve (12) months, will move to the new maximum step 6.
   2. For employees who moved in the pay scale on the date of restructure, the twelve (12) month-pay increment period will be calculated starting on the date of restructure for all employees.

Pay adjustment administration

4. All employees being paid in the VM levels 1 to 5 scale of rates shall, on the relevant effective dates in Appendix “A,” be paid in the A, X, B, Y, C, Z, R and D scales of rates shown immediately below the employee’s former rate of pay.

**Appendix “A-1”

NU: Nursing Group annual rates of pay (in dollars)

Table legend

• $) Effective October 1, 2021
• A) Effective October 1, 2022
• X) Effective October 1, 2022 – wage adjustment
• B) Effective October 1, 2023
• C) Effective October 1, 2024
• Y) Effective October 1, 2024 – market adjustment
• Z) Effective October 1, 2024 – wage adjustment
• D) Effective October 1, 2025

Hospital Sub-Group (HOS) and Community Health Nursing Sub-Group (CHN)

Rates of pay will change within one hundred and eighty (180) days after the signing of the collective agreement. Changes to rates of pay with an effective date prior to the salary adjustment date will be paid according to Appendix “BB,” as a lump-sum payment. In particular:

1. Year 1 (2022) increases (that is, “A” and “X”): paid as a retroactive lump-sum payment equal to a 3.50% economic increase and a 1.25% wage adjustment, for a compounded total increase of 4.794% of October 1, 2021, rates.
2. Year 2 (2023) increase (that is, “B”): paid as a retroactive lump-sum payment equal to the Year 1 increases plus a 3.00% economic increase for a compounded total increase of 7.938% of October 1, 2021, rates.
3. Year 3 (2024) increases (that is, “C,” “Y” and “Z”): paid as a retroactive lump-sum payment equal to the Year 1 and 2 increases plus a 2.00% economic increase, a 4.50% market adjustment, and a 0.25% wage adjustment for a compounded total increase of 15.338% of October 1, 2021, rates.

Pay notes

Pay increment for full-time and part-time employees

1. The pay increment period for employees at levels NU-HOS-1 and NU-CHN-1 is six (6) months. A part-time employee who, on the date of signing of this collective agreement, has worked more than six (6) months since the last increment will receive a salary increment effective on the date of signing. The next statutory increase for part-time employees will be calculated from this date.
2. The pay increment period for employees at the NU-HOS levels 2 to 8 and at the NU-CHN levels 2 to 8 is twelve (12) months. A part-time employee who, on the date of signing of this collective agreement, has worked more than twelve (12) months since the last increment will receive a salary increment effective on the date of signing. The next statutory increase for part-time employees will be calculated from this date.
3. The pay increment date for an employee, appointed on or after April 19, 1982, to a position in the bargaining unit upon promotion, demotion or from outside the public service, shall be the anniversary date of such appointment. The anniversary date for an employee who was appointed to a position in the bargaining unit prior to the application date above, remains unchanged.