Operational Services (SV)

Article 1: purpose and scope of agreement

1.01 The purpose of this agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the Alliance and the employees and to set forth herein certain terms and conditions of employment upon which agreement has been reached through collective bargaining.

1.02 The parties to this agreement share a desire to improve the quality of the public service of Canada and to promote the well-being and increased efficiency of its employees to the end that the people of Canada will be well and efficiently 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

Exceptions

Refer to the appropriate appendix for group specific alternate or additional interpretations or definitions.

2.01 For the purpose of this agreement:

a. “Alliance” (Alliance)

means the Public Service Alliance of Canada;

b. “allowance” (indemnité)

means compensation payable for the performance of special or additional duties;

c. “alternate provision” (disposition de dérogation)

means a provision of this agreement that has application to certain specific employees;

d. “bargaining unit” (unité de négociation)

means the employees of the Employer in the group described in Article 9;

**

e. “common-law partner” (conjoint de fait)

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

Definition (f) does not apply to the LI Group

f. “compensatory leave” (congé compensateur)

means leave with pay in lieu of payment for overtime, for time worked on a designated paid holiday, travelling time compensated at overtime rate, call-back pay, reporting pay, and standby pay. 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;

g. “continuous employment” (emploi continu)

has the same meaning as specified in the existing Directive on Terms and Conditions of Employment of the Employer;

h. “day of rest” (jour de repos)

in relation to a full-time employee means a day other than a holiday on which that employee is not ordinarily required to perform the duties of his or her position other than by reason of the employee being on leave or absent from duty without permission;

i. “double time” (tarif double)

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

j. “employee” (employé-e)

means a person so defined in the Federal Public Sector Labour Relations Act and who is a member of the bargaining unit specified in Article 9;

k. “Employer” (Employeur)

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

l. “excluded provision” (disposition exclue)

means a provision of this agreement which has no application to certain specific employees and for which there are no alternate provisions;

m. “family” (famille)

except where otherwise specified in this agreement, means father, mother (or, alternatively, stepfather, stepmother, or foster parent), brother, sister, stepbrother, stepsister, spouse (including common-law partner resident with the employee), child (including child of common-law partner), stepchild, foster child or ward of the employee, grandchild, father-in-law, mother-in-law, daughter-in-law, son-in-law, the employee’s grandparents and relative permanently residing in the employee’s household or with whom the employee permanently resides;

Definition (n) does not apply to LI Group

n. “holiday” (jour férié)

means,

1. the twenty-four (24) hour period commencing at 00:01 hours of a day designated as a paid holiday in this agreement;
2. however, for the purpose of administration of a shift that does not commence and end on the same day, such shift shall be deemed 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;

o. “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;

p. “leave” (congé)

means authorized absence from duty by an employee during his or her regular or normal hours of work;

q. “membership dues” (cotisations syndicales)

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

r. “overtime” (heures supplémentaires)

means:

1. in the case of a full-time employee, authorized work in excess of the employee’s scheduled hours of work;
   or
2. in the case of a part-time employee, authorized work in excess of the normal daily or weekly hours of work of a full-time employee specified by the relevant Group Specific Appendix but does not include time worked on a holiday;

s. “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;

t. “straight-time rate” (tarif normal)

means the employee’s hourly rate of pay;

u. “time and one half” (tarif et demi)

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

v. “time and three quarters” (tarif et trois quarts)

means one and three quarters (1 3/4) times the employee’s hourly rate of pay.

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: application

3.01 The provisions of this agreement apply to the Alliance, the employees and the Employer.

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

3.03 In this agreement, expressions referring to employee or the masculine or feminine gender are meant for all employees, regardless of gender.

Article 4: state security

4.01 Nothing in this agreement shall be construed to require the Employer to do or refrain from doing anything contrary to any instruction, direction or regulations given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

Article 5: precedence of legislation and the collective agreement

5.01 In the event that any law passed by Parliament, applying to public service employees covered by this agreement, renders null and void any provision of this agreement, the remaining provisions of the agreement shall remain in effect for the term of the agreement.

Article 6: managerial responsibilities

6.01 Except to the extent provided herein, this agreement in no way restricts the authority of those charged with managerial responsibilities in the public service.

**Article 7: National Joint Council agreements

7.01 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, will form part of this 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.

7.02 The NJC items which may be included in a collective agreement are those which the parties to the NJC agreements have designated as such or upon which the Chairperson of the Federal Public Sector Labour Relations and Employment Board has made a ruling pursuant to clause (c) of the NJC Memorandum of Understanding which became effective December 6, 1978.

7.03

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

   **

   • 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
2. During the term of this agreement, other directives may be added to the above-noted list.

7.04 Grievances in regard to the above directives shall be filed in accordance with clause 18.01 of the article on grievance procedure in this agreement.

Article 8: dental care plan

8.01 The dental care plan as contained in the master agreement between the Treasury Board and the Public Service Alliance of Canada, with an expiry date of June 30, 1988, and as subsequently amended from time to time, shall be deemed to form part of this agreement.

Article 9: recognition

9.01 The Employer recognizes the Alliance as the exclusive bargaining agent for all employees of the Employer described in the certificate issued by the former Public Service Staff Relations Board on June 16, 1999, covering employees of the Operational Services Group.

**Article 10: information

10.01 The Employer agrees to supply the Alliance each quarter with the name, geographic location and classification of each new employee.

**

10.02 Employees of the bargaining unit will be given electronic access to the collective agreement. Where access to the agreement is deemed unavailable or impractical by an employee, the employee will be supplied with a printed copy of the agreement upon request once during the life of the current collective agreement.

Article 11: check-off

11.01 Subject to the provisions of this article, the Employer will, as a condition of employment, deduct an amount equal to the monthly membership dues from the monthly pay of all employees. Where an employee does not have sufficient earnings in respect of any month to permit deductions made under this article, the Employer shall not be obligated to make such deduction from subsequent salary.

11.02 The Alliance shall inform the Employer in writing of the authorized monthly deduction to be checked off for each employee.

11.03 For the purpose of applying clause 11.01, deductions from pay for each employee in respect of each calendar month will start with the first (1st) full calendar month of employment to the extent that earnings are available.

11.04 An employee who satisfies the Alliance as to the bona fides of his or her claim and declares in an affidavit that he or she is a member of a religious organization whose doctrine prevents him or her as a matter of conscience from making financial contributions to an employee organization and that he or she will make contributions to a charitable organization registered pursuant to the Income Tax Act, 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. The Alliance will inform the Employer accordingly.

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

11.06 The amounts deducted in accordance with clause 11.01 shall be remitted to the Comptroller of the Alliance 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.

11.07 The Employer agrees to continue the past practice of making deductions for other purposes on the basis of the production of appropriate documentation.

11.08 The Alliance 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 limited to the amount actually involved in the error.

**Article 12: use of Employer facilities

12.01 Reasonable space on bulletin boards in convenient locations will be made available to the Alliance for the posting of official Alliance notices. The Alliance shall endeavour to avoid requests for posting of notices which the Employer, acting reasonably, could consider adverse to its interests or to the interests of any of its representatives. Posting of notices or other materials shall require the prior approval of the Employer, except notices related to the business affairs of the Alliance, including the names of Alliance representatives, and social and recreational events. Such approval shall not be unreasonably withheld.

12.02 The Employer will also continue its present practice of making available to the Alliance specific locations on its premises, and where it is practical to do so on vessels, for the placement of reasonable quantities of literature of the Alliance.

**

12.03 A duly accredited representative of the Alliance may be permitted access to the Employer’s premises, which includes vessels, to assist in the resolution of a complaint or grievance and to attend meetings called by management. Permission to enter the premises shall, in each case, be obtained from the Employer. Such permission shall not be unreasonably withheld. A representative appointed by the Alliance may be permitted access to employer premises on stated Alliance business. It is agreed that these visits will not disrupt the Employer’s operations. In the case of access to vessels, the Alliance representative upon boarding any vessel must report to the Master, state his or her business and request permission to conduct such business. It is agreed that these visits will not interfere with the sailing and normal operation of the vessels.

12.04 The Alliance shall provide the Employer a list of such Alliance representatives and shall advise promptly of any change made to the list.

Article 13: employee representatives

13.01 The Employer acknowledges the right of the Alliance to appoint or otherwise select employees as representatives.

13.02 The Alliance and the Employer shall endeavour in consultation to determine the jurisdiction of each representative, having regard to the plan of organization, the number and distribution of employees at the workplace and the administrative structure implied by the grievance procedure. Where the parties are unable to agree in consultation, then any dispute shall be resolved by the grievance/adjudication procedure.

13.03 The Alliance shall notify the Employer in writing of the name and jurisdiction of its representatives identified pursuant to clause 13.02.

13.04

1. A representative shall obtain the permission of his or her immediate supervisor before leaving his or her work to investigate employee complaints of an urgent nature, to meet with local management for the purpose of dealing with grievances and to attend meetings called by management. Such permission shall not be unreasonably withheld. Where practicable, the representative shall report back to his or her supervisor before resuming his or her normal duties.
2. Where practicable, when management requests the presence of an Alliance representative at a meeting, such request will be communicated to the employee’s supervisor.
3. An employee shall not suffer any loss of pay when permitted to leave his or her work under paragraph (a).

13.05 The Alliance shall have the opportunity to have an employee representative introduced to new employees as part of the Employer’s formal orientation programs, where they exist.

**Article 14: leave with or without pay for Alliance business

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

14.01 When 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 his or her 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 Alliance making a complaint.

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

14.02 The Employer will grant leave without pay:

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

14.03 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. when operational requirements permit, to an employee called as a witness by an employee or the Alliance.

Arbitration Board hearings, Public Interest Commission hearings and Alternate Dispute Resolution Process

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

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

Adjudication

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

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

Meetings during the grievance process

14.07 Where an employee representative wishes to discuss a grievance with an employee who has asked or is obliged to be represented by the Alliance in relation to the presentation of his or her grievance, the Employer will, where operational requirements permit, give them reasonable leave with pay for this purpose when the discussion takes place in their headquarters area and reasonable leave without pay when it takes place outside their headquarters area.

14.08 Subject to operational requirements:

1. when the Employer originates a meeting with a grievor in his headquarters area, he or she will be granted leave with pay and “on duty” status when the meeting is held outside the grievor’s headquarters area,
   and
2. when a grievor seeks to meet with the Employer, he or she will be granted leave with pay when the meeting is held in his or her headquarters area and leave without pay when the meeting is held outside his or her headquarters area,
   and
3. when an employee representative attends a meeting referred to in this clause, he or she will be granted leave with pay when the meeting is held in his or her headquarters area and leave without pay when the meeting is held outside his or her headquarters area.

Contract negotiation meetings

14.09 The Employer will grant leave without pay to an employee for the purpose of attending contract negotiation meetings on behalf of the Alliance.

Preparatory contract negotiation meetings

14.10 When operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees to attend preparatory contract negotiation meetings.

Meetings between the Alliance and management not otherwise specified in this article

14.11 When operational requirements permit, the Employer will grant leave with pay to a reasonable number of employees who are meeting with management on behalf of the Alliance.

**

Board of Directors meetings, Executive Board meetings, conventions, conferences and committee meetings

14.12 Subject to operational requirements, the Employer shall grant leave without pay to a reasonable number of employees to attend:

**

1. meetings of the Board of Directors of the Alliance,
2. meetings of the National Executive of the Components,
3. Executive Board meetings of the Alliance,
4. conventions, and conferences of the Alliance, the components, the Canadian Labour Congress and the territorial and provincial federations of labour, and
5. Alliance recognized committee meetings of the Alliance, the components, the Canadian Labour Congress and the territorial and provincial federations of labour.

Representatives’ training courses

14.13 When operational requirements permit, the Employer will grant leave without pay to employees who exercise the authority of a representative on behalf of the Alliance to undertake training related to the duties of a representative.

Leave without pay for election to an Alliance office

14.14 The Employer will grant leave without pay to an employee who is elected as a full-time official of the Alliance within one (1) month after notice is given to the Employer of such election. The duration of such leave shall be for the period the employee holds such office.

14.15 Leave granted to an employee under clauses 14.02, 14.09, 14.10, 14.12 and 14.13 will be with pay and the PSAC will reimburse the Employer for the salary and benefit costs of the employee during the period of approved leave with pay according to the terms established by joint agreement.

Article 15: labour disputes

15.01 If employees are prevented from performing their duties because of a strike or lockout on the premises of another employer, the employees shall report the matter to the Employer, and the Employer will make reasonable efforts to ensure that such employees are employed elsewhere, so that they shall receive their regular pay and benefits to which they would normally be entitled.

Article 16: illegal strikes

16.01 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 pursuant to paragraph 12(1)(c) of the Financial Administration Act, for participation in an illegal strike as defined in the Federal Public Sector Labour Relations Act.

Article 17: discipline

17.01 When an employee is suspended from duty or terminated in accordance with paragraph 12(1)(c) of the Financial Administration Act, the Employer undertakes to notify the employee in writing of the reason for such suspension or termination. The Employer shall endeavour to give such notification at the time of suspension or termination.

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

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

17.04 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an employee the content of which the employee was not aware of at the time of filing or within a reasonable period thereafter.

17.05 Any document or written statement related to 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.

Article 18: grievance procedure

18.01 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 bylaws.

Individual grievances

18.02 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 he or she 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 his or her terms and conditions of employment.

Group grievances

18.03 Subject to and as provided in section 215 of the Federal Public Sector Labour Relations Act, the Alliance 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 Alliance must first obtain the written consent of each of the employees concerned.
2. A group grievance shall not be deemed to be invalid by reason only of the fact that the consent is not in accordance with Form 19.
3. A group grievance must relate to employees in a single portion of the federal public administration.

Policy grievances

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

1. A policy grievance may be presented by the Alliance only at the final level of the grievance procedure, to an authorized representative of the Employer. The Employer shall inform the Alliance of the name, title and address of this representative.
2. The grievance procedure for a policy grievance by the Employer shall also be composed of a single level, with the grievance presented to an authorized representative of the Alliance. The Alliance shall inform the Employer of the name, title and address of this representative.

Grievance procedure

18.05 For the purposes of this article, a grievor is an employee or, in the case of a group or policy grievance, the Alliance.

18.06 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.

18.07 The parties recognize the value of informal discussion between employees and their supervisors and between the Alliance 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 Alliance, within the time limits prescribed in clause 18.15, 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.

18.08 A grievor wishing to present a grievance at any prescribed level 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 level,
   and
2. provide the grievor with a receipt stating the date on which the grievance was received.

18.09 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.

18.10 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 18.08, 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 he has the approval of and is represented by the Alliance.

18.11 There shall be no more than a maximum of four (4) levels in the grievance procedure. These levels shall be as follows:

1. Level 1, first level of management;
2. Levels 2 and 3 in departments or agencies where such levels are established, intermediate level(s);
3. final level, chief executive or deputy head or an authorized representative.

Whenever there are four (4) levels in the grievance procedure, the grievor may elect to waive either Level 2 or 3.

No Employer representative may hear the same grievance at more than one level in the grievance procedure.

18.12 The Employer shall designate a representative at each level 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.

18.13 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 Alliance.

18.14 An employee may be assisted and/or represented by the Alliance when presenting a grievance at any level. The Alliance shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.

18.15 A grievor may present a grievance to the first level of the procedure in the manner prescribed in clause 18.08, 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 18.04 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.

18.16 A grievor may present a grievance at each succeeding level in the grievance procedure beyond the first level 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 18.17, within fifteen (15) days after presentation by the grievor of the grievance at the previous level.

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

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

18.19 The decision given by the Employer at the final level in the grievance procedure shall be final and binding upon the employee unless the grievance is a class of grievance that may be referred to adjudication.

18.20 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.

18.21 Where the provisions of clause 18.08 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 level 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 level shall be calculated from the date on which the Employer’s reply was delivered to the address shown on the grievance form.

18.22 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the grievor and, where appropriate the Alliance representative.

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

18.24 Where the Employer demotes or terminates an employee for cause 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 the grievance shall be presented at the final level only.

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

18.26 Any grievor who fails to present a grievance to the next higher level 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.

18.27 Where a grievance has been presented up to and including the final level 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 dealt with to the grievor’s satisfaction, it may be referred to adjudication in accordance with the provisions of the Federal Public Sector Labour Relations Act and Regulations.

18.28 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 Alliance signifies:

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

Expedited adjudication

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

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. When the parties agree that a particular grievance will proceed through Expedited Adjudication, the Alliance will submit to the FPSLREB the consent form signed by the grievor or the bargaining agent.
3. 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 the hearing.
4. No witnesses will testify.
5. The Adjudicator will be appointed by the FPSLREB from among its members who have had at least three (3) years’ experience as a member of the Board.
6. 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 schedule.
7. 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.
8. 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 19: no discrimination

**

19.01 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 and expression, family status, marital status, genetic characteristics, disability, membership or activity in the Alliance or a conviction for which a pardon has been granted.

19.02

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 (a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

19.03 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.

**

19.04 The Employer shall provide the complainant(s) and/or respondent(s) with an official copy of the investigation report, subject to the Access to Information and Privacy Act.

**Article 20: sexual harassment

20.01 The Alliance 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.

20.02

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 (a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

20.03 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.

**

20.04 The Employer shall provide the complainant(s) and/or respondent(s) with an official copy of the investigation report, subject to the Access to Information and Privacy Act.

Article 21: joint consultation

21.01 The parties acknowledge the mutual benefits to be derived from joint consultation and are prepared to enter into discussion aimed at the development and introduction of appropriate machinery for the purpose of providing joint consultation on matters of common interest.

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

21.03 Upon request of either party, the parties to this agreement shall consult meaningfully at the appropriate level about contemplated changes in conditions of employment or working conditions not governed by this agreement.

21.04 Without prejudice to the position the Employer or the Alliance may wish to take in future about the desirability of having the subjects dealt with by the provisions of collective agreements, the subjects that may be determined as appropriate for joint consultation will be by agreement of the parties.

Article 22: health and safety

22.01 The Employer shall make reasonable provisions for the occupational safety and health of employees. The Employer will welcome suggestions on the subject from the Alliance, 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.

**Article 23: job security

23.01 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.

**

23.02 Through Labour Management Consultation Committees, or through another forum as agreed upon by both parties, departmental and Alliance representatives shall meet to discuss and exchange on issues associated with contracting out, such as but not limited to, the influence on working conditions, complexity of tasks, information on contractors in the workplace, future resource and service requirements, skills inventories, knowledge transfer, position vacancies, workload, and managed services.

**

23.03 Where practicable and when indeterminate employees are affected by workforce adjustment situations, and provided the employee is capable of performing the necessary work, preference shall be given to their retention over re-engaging a contractor.

**Article 24: technological change

24.01 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, Appendix I on workforce adjustment will apply. In all other cases the following clauses will apply.

24.02 In this article “technological change” means:

**

1. the introduction by the Employer of equipment material, system or software of a different nature than that previously utilized;
   and
2. a significant change in the Employer’s operation directly related to the introduction of that equipment material, system or software.

24.03 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.

**

24.04 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 Alliance of the introduction or implementation of technological change when it will result in significant changes in the employment status or working conditions of the employees.

24.05 The written notice provided for in clause 24.04 will provide the following information:

1. the nature and degree of the technological change;
2. the date or dates on which the Employer proposes to effect the technological change;
3. the location or locations involved;
4. the approximate number and type of employees likely to be affected by the technological change;
5. the effect that the technological change is likely to have on the terms and conditions of employment of the employees affected.

24.06 As soon as reasonably practicable after notice is given under clause 24.04, the Employer shall consult meaningfully with the Alliance concerning the rationale for the change and the topics referred to in paragraph 24.05 on each group of employees, including training.

24.07 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 without loss of pay and at no cost to the employee.

Article 25: hours of work

Exclusions

This article does not apply to the FR, LI and SC Groups.

25.01 For the purposes of this article:

Definitions

a. “day”

means a twenty-four (24) hour period commencing at 00:00 hours;

b. “week”

means a period of seven (7) consecutive days beginning at 00:00 hours Monday morning and ending at 24:00 hours the following Sunday night;

Shift work

c. a “shift schedule”

means the arrangement of shifts over a given period of time and includes days of rest and designated paid holidays;

d. a “shift”

means the rotation through two (2) or more periods of eight (8) hours or longer where the Employer requires coverage of sixteen (16) hours or more each day; or, where the Employer requires the employee to work on a non-rotating and indefinite basis on evening or night duty of which half (1/2) or more of the hours are scheduled between 18:00 hours and 06:00 hours.

Notwithstanding 25.01(d):

5. Effective August 5, 2011, employees occupying positions in the GS-FOS subgroup, whose hours of work do not meet the definition of shift work in accordance with Article 25.01(d) and whose hours of work begin before 06:00 or end after 18:00, will be paid a premium of two dollars and twenty-five cents ($2.25) per hour for each hour worked between 16:00 and 08:00.

25.02

1. For employees who work five (5) consecutive days per week on a regular and non-rotating basis, the Employer shall schedule the hours of work so that these employees work the standard workweek as specified in the Group Specific Appendix.
2. When hours of work are scheduled for employees on a rotating or irregular basis, the Employer shall schedule the hours of work so that employees work an average of hours as specified in the Group Specific Appendix.
3. The implementation of hours of work other than those specified in paragraphs 25.02(a) or (b) are subject to the provisions of Article 28: variable hours of work.

25.03 The Employer will make every reasonable effort:

1. not to schedule the commencement of a shift within eight (8) hours of the completion of the employee’s previous shift,
   and
2. to avoid excessive fluctuation in hours of work.

25.04 The Employer will review with the local Alliance representative(s) any change in hours of work which the Employer proposes to institute, when such change will affect the majority of the employees governed by the schedule. In all cases following such reviews, the Employer will, where practical, accommodate such employee representations as may have been conveyed by the Alliance representative(s) during the meeting.

By mutual agreement, in writing, the Employer and the local Alliance representative(s) may waive the application of change of shift with no notice provisions.

25.05 Scheduled of hours of work shall be posted at least fifteen (15) calendar days in advance of the starting date of the new schedule, and the Employer shall, where practical, arrange schedules which will remain in effect for a period of not less than twenty-eight (28) calendar days. The Employer shall also endeavour, as a matter of policy, to give an employee at least two (2) consecutive days of rest at a time. Such two (2) consecutive days of rest may be separated by a designated paid holiday, and the consecutive days of rest may be in separate calendar weeks.

Days of rest

25.06 When an employee’s scheduled shift does not commence and end on the same day, such shift shall be deemed 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 deemed to start immediately after midnight of the calendar day on which the employee worked or is deemed to have worked his or her 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.

25.07 An employee’s scheduled hours of work shall not be construed as guaranteeing the employee minimum or maximum hours of work.

25.08 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.

Article 26: shift principle

26.01

1. When a full-time indeterminate employee is required to attend one of the following proceedings outside a period which extends before or beyond three (3) hours his or her scheduled hours of work on a day during which he or she would be eligible for a Shift Premium, the employee may request that his or her hours of work on that day be scheduled between 7 am and 6 pm; such request will be granted provided there is no increase in cost to the Employer. In no case will the employee be expected to report for work or lose regular pay without receiving at least twelve (12) hours of rest between the time his or her attendance was no longer required at the proceeding and the beginning of his or her next scheduled work period.
   1. Federal Public Sector Labour Relations and Employment Board proceedings
      Clauses 14.01, 14.02, 14.04, 14.05 and 14.06.
   2. Contract negotiation and preparatory contract negotiation meetings
      Clauses 14.09 and 14.10.
   3. Personnel selection process
      Article 51.
   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.
2. Notwithstanding paragraph (a), proceedings described in subparagraph (v) are not subject to the condition that there be no increase in cost to the Employer.

**Article 27: shift and weekend premiums

Exclusions

This article does not apply to the FR, LI and SC Groups.

Clause 27.01 (shift premium) does not apply to employees working hours of work not defined as a shift, covered by clause 25.02, Article 28 or clauses 1.02 and 1.03 of Appendix B; clauses 2.01 and 2.02 of Appendix C, clauses 2.03 and 2.04 of Appendix D, clauses 1.01 and 1.02 of Appendix E, and clause 1.01 of Appendix H.

27.01 Shift premium

An employee working on shifts will receive a shift premium of two dollars and twenty-five cents ($2.25) per hour for all hours worked, including overtime hours, between 4 pm and 8 am. The shift premium will not be paid for hours worked between 8 am and 4 pm.

27.02 Weekend premium

**

1. An employee working during the weekend will receive an additional premium of two dollars and twenty-five cents ($2.25) per hour, including overtime hours, for all hours worked on Saturday or Sunday.
2. Paragraph (a) shall not apply to employees whose regular hours of work are scheduled from Monday to Friday.

**Article 28: variable hours of work

**

Exclusions

This article does not apply to the FR Group other than those employees subject to clause 2.02 of Appendix A, and LI Group and the SC Group other than those employees subject to Annex B of Appendix G (conventional work system).

Work unit

28.01 Any special arrangement may be at the request of either party and must be mutually agreed between the Employer and the majority of employees and shall apply to all employees at the work unit.

Employee

28.02 Upon request of an employee and the concurrence of the Employer, an employee may complete the 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 the weekly hours specified in the relevant Group Specific Appendix.

28.03 The employee shall be granted days of rest on such days as are not scheduled as a normal workday for the employee.

Terms and conditions governing the administration of variable hours of work

28.04 Notwithstanding anything to the contrary contained in this agreement, the implementation of any variation in hours shall not result in any additional overtime work or additional payment by reason only of such variation, nor shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the terms of this agreement.

28.05

1. The scheduled hours of work of any day may exceed or be less than the daily hours specified in the Group Specific Appendix; starting and finishing times, meal breaks and rest periods shall be determined according to operational requirements as determined by the Employer and the daily hours of work shall be consecutive.
2. Such schedules shall provide an average of work per week over the life of the schedule as specified in the Group Specific Appendix.
   1. The maximum life of a shift schedule shall be six (6) months.
3. Whenever an employee changes his or her variable hours or no longer works variable hours, all appropriate adjustments will be made.

28.06 Specific application of this agreement

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

1. Interpretation and definitions

   “Daily rate of pay” shall not apply.

2. Minimum number of hours between shifts

   Provisions relating to the minimum period between the termination and commencement of the employee’s next shift, shall not apply.

3. Exchange of shifts

   On exchange of shifts between employees, the Employer shall pay as if no exchange had occurred.

4. Overtime

   Overtime shall be compensated for all work performed on regular working days or on days of rest at time and three quarters (1 3/4).

5. Designated paid holidays
   1. A designated paid holiday shall account for the normal daily hours of work as specified in the relevant Group Specific Appendix.
   2. When an employee works on a Designated Paid Holiday, the employee shall be compensated, in addition to the pay for the hours specified in subparagraph (i), at time and one half (1 1/2) up to his or her regular scheduled hours worked and at double (2) time for all hours worked in excess of his or her regular scheduled hours.
6. Travel

   Overtime compensation referred to in clause 34.04 shall only be applicable on a workday for hours in excess of the employee’s daily scheduled hours of work.

7. Acting pay

   The qualifying period for acting pay as specified in paragraph 67.07 shall be converted to hours.

**Article 29: overtime

Exclusions

This article does not apply to the FR, LI and SC Groups.

General

29.01 Compensation under this article shall not be paid for overtime worked by an employee at courses, training sessions, conferences and seminars unless the employee is required to attend by the Employer.

29.02 Where overtime work is authorized in advance by the Employer, an employee is entitled to overtime compensation for each completed fifteen (15) minute period of overtime worked by the employee.

29.03 Payments provided under this article shall not be pyramided; that is an employee shall not receive more than one compensation for the same service.

29.04 Assignment of overtime work

Subject to the operational requirements of the service, the Employer shall make every reasonable effort:

1. to allocate overtime work on an equitable basis among readily available qualified employees,
   and
2. to give employees who are required to work overtime adequate advance notice of this requirement.

29.05 The Alliance is entitled to consult the deputy head or the deputy head’s delegated representative whenever it is alleged that employees are required to work unreasonable amounts of overtime.

29.06 Overtime compensation

Subject to clause 29.02, an employee is entitled to time and one half (1 1/2) compensation for each hour of overtime worked by the employee.

29.07 Notwithstanding clause 29.06, an employee is entitled to double (2) time for each hour of overtime worked by the employee,

1. on a scheduled day of work or a first (1st) day of rest, after a period of overtime equal to the normal daily hours of work specified in the Group Specific Appendix;
   and
2. on a second (2nd) or subsequent day of rest, provided the days of rest are consecutive, except that they may be separated by a designated paid holiday;
   and
3. where an employee is entitled to double (2) time in accordance with paragraphs (a) or (b) above and has worked a period of overtime equal to the normal daily hours of work specified in the Group Specific Appendix, the employee shall continue to be compensated at double (2) time for all hours worked until he or she is given a period of rest of at least eight (8) consecutive hours.

29.08 Compensatory leave

Compensation earned under this article shall be compensated in accordance with Article 68.

29.09 Overtime meal allowance

1. An employee who works three (3) or more hours of overtime,
   1. immediately before the employee’s scheduled hours of work and who has not been notified of the requirement prior to the end of the employee’s last scheduled work period,
      or
   2. immediately following the employee’s scheduled hours of work.

   shall be reimbursed for one (1) meal in the amount of twelve dollars ($12), except where a free meal is provided or when the employee is being compensated on some other basis. Reasonable time with pay, to be determined by management, 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.

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 (1) additional meal in the amount of twelve dollars ($12) after each four (4) hour period, except where free meals are provided or when the employee is being compensated on some other basis. Reasonable time with pay, to be determined by management, 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. This clause shall not apply:
   1. to an employee who is in travel status, which entitles the employee to claim expenses for lodging and/or meals;
      or

   **

   2. to an employee who has obtained authorization to work at the employee’s residence.

Article 30: call-back pay

Exclusions

This article does not apply to the LI Group.

30.01 If an employee is called back to work:

1. on a designated paid holiday which is not the employee’s scheduled day of work,
   or
2. on the employee’s day of rest,
   or
3. after the employee has completed his or her work for the day and has left his or her place of work and returns to work, the employee shall be paid the greater of:
   1. Compensation equivalent to three (3) hours’ pay at the applicable overtime rate of pay for each call-back to a maximum of eight (8) hours’ compensation in an eight (8) hour period,
      or
   2. compensation at the applicable rate of overtime compensation for time worked,

   provided that the period worked by the employee is not contiguous to the employee’s normal hours of work.

4. The minimum payment referred to in 30.01(c)(i) above, does not apply to part-time employees. Part-time employees will receive a minimum payment in accordance with clause 65.06.

30.02 Compensatory leave

Compensation earned under this article shall be compensated in accordance with Article 68.

No pyramiding of payments

30.03 Payments provided under overtime and reporting pay provisions of the agreement, the designated paid holiday and standby provisions of the agreement and clause 30.01 above shall not be pyramided, that is an employee shall not receive more than one compensation for the same service.

30.04 This article does not apply where an employee who has accommodation on board a vessel and:

1. is not in his or her home port, reports for sailing in accordance with posted sailing orders or as otherwise required by the Master,
   or
2. is on the Employer’s premises at the time of notification of the requirement to work overtime.

Article 31: standby

Exclusions

This article does not apply to the FR, LI or SC Groups.

31.01 Where the Employer requires an employee to be available on standby during off-duty hours, such employee shall be compensated at the rate of one half (1/2) hour for each four (4)-hour period or part thereof for which the employee has been designated as being on standby duty.

31.02

1. An employee designated by letter or by list for standby duty shall be available during his or her period of standby at a known telephone number and be available to return for duty as quickly as possible, if called.
2. In designating employees for standby, the Employer will endeavour to provide for the equitable distribution of standby duties.
3. No standby payment shall be granted if an employee is unable to report for duty when required.
4. An employee on standby who is required to report for work and reports shall be compensated in accordance with clause 30.01 or the reporting pay provisions found in the relevant Group Specific Appendix, and is also eligible for reimbursement of transportation expenses in accordance with Article 35.

31.03 Compensatory leave

Compensation earned under this article shall be compensated in accordance with Article 68.

**Article 32: designated paid holidays

32.01 Subject to clause 32.02, 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 for 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 additional day is recognized as a provincial or civic holiday, the first (1st) Monday in August,
13. one additional day when proclaimed by an act of Parliament as a national holiday.

Excluded provisions

The remainder of this article does not apply to employees in the FR group whose hours of work are scheduled according to Appendix A, paragraph 2.01.

32.02 An employee absent without pay on both his or her full working day immediately preceding and his or her full working day immediately following a designated 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 14 (leave with or without pay for Alliance business).

32.03 Designated holiday coinciding with a day of paid leave

Where a day that is a designated holiday for an employee coincides with a day of leave with pay, that day shall count as a holiday and not as a day of leave.

32.04 Designated holiday coinciding with a day of rest

1. When a day designated as a holiday under clause 32.01 coincides with an employee’s day of rest, the holiday shall be moved to the first (1st) scheduled working day following the employee’s day of rest. When a day that is a designated holiday is so moved to a day on which the employee is on leave with pay, that day shall count as a holiday and not as a day of leave.
2. When two (2) days designated as holidays under clause 32.01 coincide with an employee’s consecutive days of rest, the holidays shall be moved to the employee’s first two (2) scheduled working days following the days of rest. When the days that are designated holidays are so moved to days on which the employee is on leave with pay, those days shall count as holidays and not as days of leave.

Work performed on a designated holiday

32.05 Where operational requirements permit, the Employer shall not schedule an employee to work both December 25 and January 1 in the same holiday season.

32.06 When a day designated as a holiday for an employee is moved to another day under the provisions of clause 32.04:

1. work performed by an employee on the day from which the holiday was moved shall be considered as worked 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.

32.07

1. When an employee works on a holiday, he or she shall be paid time and one half (1 1/2) for all hours worked, up to the daily hours specified in the relevant Group Specific Appendix, and double (2) time thereafter, in addition to the pay that the employee would have been granted had he or she not worked on the holiday,
2. Notwithstanding paragraph (a) when an employee works on a holiday contiguous to a day of rest on which he or she also worked and received overtime in accordance with clause 29.07, the employee shall be paid in addition to the pay that he or she would have been granted had he or she not worked on the holiday, two (2) times his or her hourly rate of pay for all time worked.

32.08 Reporting for work on a designated holiday

1. When an employee is required to report for work and reports on a designated holiday, the employee shall be paid the greater of:
   1. compensation equivalent to three (3) hours’ pay at the applicable overtime rate of pay for each reporting to a maximum of eight (8) hours’ compensation in an eight (8) hour period; such maximum shall include any reporting pay pursuant to Article 30;
      or
   2. compensation in accordance with the provisions of clause 32.07.
2. The minimum payment referred to in subparagraph (a)(i) does not apply to part-time employees. Part-time employees will receive a minimum payment in accordance with clause 65.08 of this agreement.

32.09 Compensatory leave

Compensation earned under this article shall be compensated in accordance with Article 68.

Article 33: religious observance

33.01 The Employer shall make every reasonable effort to accommodate an employee who requests time off to fulfill his or her religious obligations.

33.02 Employees may, in accordance with the provisions of this agreement, request annual leave, compensatory leave, leave without pay for other reasons or a shift exchange (in the case of a shift worker) in order to fulfill their religious obligations.

33.03 Notwithstanding clause 33.02, at the request of the employee and at the discretion of the Employer, time off with pay may be granted to the employee in order to fulfill his or her religious obligations. The number of hours with pay so granted must be made up hour for hour within a period of six (6) months, at times agreed to by the Employer. Hours worked as a result of time off granted under this clause shall not be compensated nor should they result in any additional payments by the Employer.

33.04 An employee who intends to request leave or time off under this article must give notice to the Employer as far in advance as possible but no later than four (4) weeks before the requested period of absence unless, because of unforeseeable circumstances, such notice cannot be given.

Article 34: travelling time

34.01 This article does not apply to an employee when the employee travels by any type of transport in which he or she is required to perform work, and/or which also serves as his or her living quarters during a tour of duty. In such circumstances, the employee shall receive the greater of:

1. on a normal working day, his or her regular pay for the day,
   or
2. pay for actual hours worked in accordance with Article 32 (designated paid holidays), and Article 29 (overtime), of this agreement.

34.02 Compensation under this article shall not be paid for travel time to courses, training sessions, conferences and seminars, unless the employee is required to attend by the Employer.

34.03 For the purposes of this agreement, travelling time is compensated for only in the circumstances and to the extent provided for in this article.

34.04 When an employee is required to travel outside his or her headquarters area on government business, as these expressions are defined by the Employer, the time of departure and the means of such travel shall be determined by the Employer and the employee will be compensated for travel time in accordance with clauses 34.05 and 34.06. Travelling time shall include time necessarily spent at each stopover en route provided such stopover is not longer than five (5) hours.

34.05 For the purposes of clauses 34.04 and 34.06, 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 the employee’s 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.

34.06 If an employee is required to travel as set forth in clauses 34.04 and 34.05:

1. on a normal working day on which the employee travels but does not work, the employee shall receive his or her regular pay for the day;
2. on a normal working day on which the employee travels and works, the employee shall be paid:
   1. his regular pay for the day for a combined period of travel and work not exceeding his or her regular scheduled working hours,
      and
   2. at the applicable overtime rate for additional travel time in excess of his or her regularly scheduled hours of work and travel, with a maximum payment for such additional travel time not to exceed twelve (12) hours’ pay at the straight-time rate of pay;
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 twelve (12) hours’ pay at the straight-time rate of pay.

34.07 Compensatory leave

Compensation earned under this article shall be compensated in accordance with Article 68.

34.08 Travel status leave

Exclusions

This clause does not apply to employees covered by Annex I of Appendix B, General Labour and Trades Group.

1. An employee who is required to travel outside his or her headquarters area on government business, as these expressions are defined by the Employer, and is away from his permanent residence for forty (40) nights during a fiscal year shall be granted eight (8) hours off with pay or seven and one half (7.5), where the standard workweek is thirty-seven and one half (37.5) hours per week. The employee shall be credited with an additional eight (8) hours off with pay or seven and one half (7.5), where the standard workweek is thirty-seven and one half (37.5) hours per week, for each additional twenty (20) nights that the employee is away from his or her permanent residence to a maximum of eighty (80) nights.
2. The maximum number of hours off earned under this clause shall not exceed forty (40) hours, or thirty-seven and one half (37.5) hours where the standard hours per week is thirty-seven and one half (37.5), 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 clause 68.01.

The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars.

Article 35: transportation expenses

35.01 If an employee is called back or is required to report to work pursuant to Articles 29, 30, 31, 32, or the reporting pay clauses of the appropriate appendix,

1. on a designated paid holiday which is not the employee’s scheduled day of work,
   or
2. on the employee’s day of rest,
   or
3. after the employee has completed his or her work for the day and has left his or her place of work,
   or
4. for overtime worked which is not contiguous to the employee’s scheduled hours of work, and reports for work, the employee shall be reimbursed for reasonable expenses incurred as follows:
   1. kilometric allowance at the rate normally paid to an employee when authorized by the Employer to use his or her automobile and the employee travels by means of his or her own automobile,
      or
   2. out-of-pocket expenses for other means of commercial transportation.
5. other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee’s normal place of work, time spent by the employee reporting to work or returning to his or her residence shall not constitute time worked.

**Article 36: leave, general

36.01

1. When an employee becomes subject to this agreement, his or her earned daily leave credits shall be converted into hours. When an employee ceases to be subject to this agreement, his or her earned hourly leave credits shall be reconverted into days, with one (1) day being equal to seven and one half (7.5) hours.
2. Earned leave credits or other leave entitlements shall be equal to eight (8) hours per day, or seven and one half (7.5) hours per day where the standard workweek is thirty-seven decimal five (37.5) hours per week.
3. When leave is granted, it will be granted on an hourly basis and the number of hours debited for each day of leave will be equal to the number of hours of work scheduled for the employee for the day in question.
4. Notwithstanding the above, in Article 49 (bereavement leave with pay), a “day” will mean a calendar day.

36.02 Except as otherwise specified in this agreement:

1. where leave without pay for a period in excess of three (3) months is granted to an employee for reasons other than illness, the total period of leave granted shall be deducted from “continuous employment” for the purpose of calculating severance pay and “service” for the purpose of calculating vacation leave;
2. time spent on such leave which is for a period of more than three (3) months shall not be counted for pay increment purposes.

36.03 An employee is entitled, once in each fiscal year, to be informed upon request, of the balance of his or her vacation and sick leave credits.

36.04 The amount of leave with pay earned but unused 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.

36.05 An employee shall not be granted two (2) different types of leave with pay or monetary remuneration in lieu of leave in respect of the same period of time.

36.06 An employee is not entitled to leave with pay during periods he or she is on leave without pay or under suspension.

36.07 In the event of termination of employment for reasons other than incapacity, death or layoff, the Employer shall recover from any monies owed the employee an amount equivalent to unearned vacation and sick leave taken by the employee, as calculated from the classification prescribed in the employee’s certificate of appointment on the date of the termination of the employee’s employment.

**

36.08 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 him or her 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.

36.09 When an employee who is in receipt of a special duty allowance or an extra duty allowance is granted leave with pay, the employee is entitled during the employee’s period of leave to receive the allowance if the special or extra duties in respect of which the employee is paid the allowance were assigned to the employee on a continuing basis, or for a period of two (2) or more months prior to the period of leave.

**Article 37: vacation leave with pay

Excluded provisions

Clause 37.02 does not apply to employees in the FR Group.

37.01 The vacation year shall be from April 1 to March 31, inclusive, of the following calendar year.

Accumulation of vacation leave credits

37.02

For employees whose standard hours of work are equal to forty (40) hours per week:

An employee shall earn vacation leave credits at the following rate for each calendar month during which the employee receives pay for at least eighty (80) hours:

1. ten (10) hours per month until the month in which the anniversary of the employee’s eighth (8th) year of service occurs;
2. thirteen decimal three six (13.36) hours per month commencing with the month in which the employee’s eighth (8th) anniversary of service occurs;
3. Fourteen decimal seven two (14.72) hours per month in which the employee’s sixteenth (16th) anniversary of service occurs;
4. Fifteen decimal three six (15.36) hours per month in which the employee’s seventeenth (17th) anniversary of service occurs;
5. sixteen decimal seven two (16.72) hours per month in which the employee’s eighteenth (18th) anniversary of service occurs;
6. eighteen (18) hours per month commencing with the month in which the employee’s twenty-seventh (27th) anniversary of service occurs;
7. twenty (20) hours commencing with the month in which the employee’s twenty-eighth (28th) anniversary of service occurs.

37.02.1

For employees whose standard hours of work are equal to thirty-seven decimal five (37.5) hours per week:

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:

1. nine decimal three seven five (9.375) hours until the month in which the anniversary of the employee’s eighth (8th) year of service occurs;
2. twelve decimal five (12.5) hours commencing with the month in which the employee’s eighth (8th) anniversary of service occurs;
3. thirteen decimal seven five (13.75) hours commencing with the month in which the employee’s sixteenth (16th) anniversary of service occurs;
4. fourteen decimal four (14.4) hours commencing with the month in which the employee’s seventeenth (17th) anniversary of service occurs;
5. fifteen decimal six two five (15.625) hours commencing with the month in which the employee’s eighteenth (18th) anniversary of service occurs;
6. sixteen decimal eight seven five (16.875) hours commencing with the month in which the employee’s twenty- seventh (27th) anniversary of service occurs;
7. eighteen decimal seven five (18.75) hours commencing with the month in which the employee’s twenty-eighth (28th) anniversary of service occurs.

37.02.2

1. Effective on March 22, 2005, employees with more than two (2) years of service, as defined in clause 37.03, shall be credited a one-time entitlement of forty (40) hours of vacation leave with pay, or thirty-seven decimal five (37.5) where the standard workweek is thirty-seven decimal five (37.5) hours.

**

2. Employees shall be credited a one-time entitlement of forty (40) hours of vacation leave with pay on the first (1st) day of the month following the anniversary of the employee’s second (2nd) year of service, as defined in clause 37.03, or thirty-seven decimal five (37.5) where the standard workweek is thirty-seven decimal five (37.5) hours. For clarity, employees shall be credited the leave described in 37.02.2 only once in their total period of employment in the public service.
3. The vacation leave credits provided under clause 37.02.2(i) and (ii) above shall be excluded from the application of paragraph 37.11 dealing with the carry-over and/or liquidation of vacation leave.

37.03

**

1.  
   1. For the purpose of clauses 37.02, 37.02.1 and 37.02.2 only, all service within the public service, whether continuous or discontinuous, shall count toward vacation leave.
   2. For the purpose of clause 37.03(a)(i) only, effective April 1, 2012, on a go-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 vacation leave credits.
2. Notwithstanding paragraph (a) above, an employee who was a member of one of the bargaining units listed below on the date of signing of the relevant collective agreement or an employee who became a member of those bargaining units between the date of signing of the relevant collective agreement and May 31, 1990, shall retain, for the purpose of “service” and of establishing his or her vacation entitlement pursuant to this clause, those periods of former service which had previously qualified for counting as continuous employment, until such time as his or her employment in the public service is terminated.

   Bargaining units	Dates of signing
   HP	April 6, 1989
   GL&T	May 4, 1989
   LI	June 19, 1989
   HS	June 21, 1989
   FR	June 30, 1989
   GS	August 4, 1989
   SC	December 31, 1989
   PR(S)	July 7, 2000

   1. Subclause (b) above applies with respect to Printing Operations Supervisory employees except that May 31, 1990, shall be replaced by the first (1st) day of the month following the date of signing.

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

Scheduling and granting of vacation leave with pay

37.05

1. Employees are expected to take all their vacation leave during the vacation year in which it is earned.
2. The Employer reserves the right to schedule an employee’s vacation leave. In granting vacation leave with pay to an employee, the Employer shall make every reasonable effort to:
   1. grant an employee’s vacation leave in an amount and at such time as the employee may request;
   2. not recall an employee to duty after the employee has proceeded on vacation leave;
   3. not cancel nor alter a period of vacation leave which has been previously approved in writing;
   4. ensure that, at the request of employee, vacation leave in periods of two (2) weeks or more are started following a scheduled period of rest days.
3. Representative of the Alliance shall be given the opportunity to consult with representatives of the Employer on vacation schedules.

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

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

1. is granted bereavement leave,
   or
2. is granted leave with pay because of illness in the immediate family,
   or
3. is granted sick leave on production of a medical certificate,

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.

37.08 Advance payments

1. The Employer agrees to issue advance payments of estimated net salary for vacation periods of two (2) or more complete weeks, provided a written request for such advance payment is received from the employee at least six (6) weeks prior to the last pay day before the employee’s vacation period commences.
2. Providing the employee has been authorized to proceed on vacation leave for the period concerned, pay in advance of going on vacation shall be made prior to the commencement of leave. Any overpayment in respect of such pay advances shall be an immediate first charge against any subsequent pay entitlements and shall be recovered in full prior to any further payment of salary.

37.09 Recall from vacation leave

1. Where an employee is recalled to duty during any period of vacation leave, the employee shall be reimbursed for reasonable expenses that the employee incurs:
   1. in proceeding to the employee’s 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.

2. The employee shall not be considered as being on vacation leave during any period in respect of which the employee is entitled under paragraph (a) to be reimbursed for reasonable expenses incurred by the employee.

37.10 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 such losses.

37.11 Carry-over and/or liquidation of vacation leave

1. Where in any vacation year, an employee has not been granted all of the vacation leave credited to him or her, the unused portion of his or her vacation leave up to a maximum of two hundred and eighty (280) hours credits shall be carried over into the following vacation year. All vacation leave credits in excess of two hundred and eighty (280) hours shall be automatically paid at his or her daily rate of pay as calculated from the classification prescribed in his or her certificate of appointment of his or her substantive position on the last day of the vacation year.
2. Notwithstanding paragraph (a), if on March 31, 2005, or on the date an employee becomes subject to this agreement subsequent to March 31, 2005, an employee has more than two hundred and eighty (280) hours of unused vacation leave credits, a minimum of eighty (80) hours per year shall be granted or paid by March 31 of each year, commencing on March 31, 2006, until all vacation leave credits in excess of two hundred and eighty (280) hours have been liquidated. Payment shall be in one instalment per year and shall be at the employee’s daily rate of pay as calculated from the classification prescribed in his or her certificate of appointment of his or her substantive position on March 31 of the applicable previous vacation year.

37.12 During any vacation year, upon application by the employee and at the discretion of the Employer, earned but unused vacation leave credits in excess of one hundred and twenty (120) hour, or one hundred and twelve decimal five (112.5) hours, where the standard workweek is thirty-seven decimal five (37.5) hours per week, may be paid at the employees’ daily rate of pay as calculated from the classification prescribed in the certificate of appointment of the employee’s substantive position on March 31 of the previous vacation year.

Leave when employment terminates

37.13 When an employee dies or otherwise ceases to be employed, the employee’s estate or the employee shall be paid an amount equal to the product obtained by multiplying the number of hours of earned but unused vacation leave to the employee’s credit by the rate of pay as calculated from the classification prescribed in the certificate of appointment on the date of the termination of employment.

37.14 Notwithstanding clause 37.13, an employee whose employment is terminated for cause pursuant to section 11(2)(g) of the Financial Administration Act by reason of abandonment of his or her position is entitled to receive the payment referred to in clause 37.13, if he or she requests it within six (6) months following the date upon which his or her employment is terminated.

37.15 Where the employee requests, the Employer shall grant the employee his or her 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.

37.16 Appointment to a separate employer

Notwithstanding clause 37.13, an employee who resigns to accept an appointment with an organization listed in Schedule V of the Financial Administration Act may choose not to be paid for unused vacation leave credits, provided that the appointing organization will accept such credits.

37.17 Appointment from a separate employer

An employee who has resigned from an organization listed in Schedule V of the Financial Administration Act may, with concurrence of Employer, transfer up to two hundred and eighty (280) hours of earned vacation leave credits earned previously with that organization.

Article 38: sick leave with pay

Credits

38.01

1. An employee shall earn sick leave credits at the rate of ten (10) hours or, nine decimal three seven five (9.375) where the standard work is thirty-seven decimal five (37.5) hours per week, for each calendar month for which the employee receives pay for at least eighty (80) hours of pay, or seventy-five (75) hours of pay where the standard workweek is thirty-seven decimal five (37.5) hours per week.
2. A shift worker shall earn additional sick leave credits at the rate of one decimal three three (1.33) hours or, one decimal twenty-five (1.25) hours where the standard workweek is thirty-seven decimal five (37.5) hours per week, for each calendar month during which he or she works shifts and he or she receives pay for at least eighty (80) hours of pay or, seventy-five (75) hours of pay where the standard workweek is thirty-seven decimal five (37.5) hours per week. Such credits shall not be carried over in the next fiscal year and are available only if the employee has already used one hundred twenty (120) hours, or one hundred and twelve and one half (112.5) where the standard workweek is thirty-seven decimal five (37.5) hours per week, of sick leave credits during the current fiscal year.

Granting of sick leave

38.02 An employee shall be granted sick leave with pay when he or she is unable to perform his or her duties because of illness or injury provided that:

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

38.03 Unless otherwise informed by the Employer, a statement signed by the employee stating that because of illness or injury he or she was unable to perform his or her duties, shall, when delivered to the Employer, be considered as meeting the requirements of paragraph 38.02(a).

38.04 When an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause 38.03, sick leave with pay may, at the discretion of the Employer, be granted to an employee for a period of up to two hundred (200) hours or, one hundred eighty-seven and one half (187.5), where the standard workweek is thirty-seven decimal five (37.5), hours per week, subject to the deduction of such advanced leave from any sick leave credits subsequently earned.

38.05 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.

38.06 Where, in respect of any period of compensatory leave, an employee is granted sick leave with pay 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.

38.07

1. 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.
2. 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 due to the end of a specified period of employment, and who is reappointed in the core public administration within one (1) year from the end of the specified period of employment.

38.08 The Employer agrees that an employee shall not be terminated for cause for reasons of incapacity pursuant to paragraph 12(1)(e) of the Financial Administration Act at a date earlier than the date at which the employee will have utilized his or her accumulated sick leave credits, except where the incapacity is the result of an injury or illness for which injury on duty leave has been granted pursuant to Article 40.

Article 39: medical appointment for pregnant employees

39.01 Up to three decimal seven five (3.75) hours or four (4) hours, where the standard hours of work are forty (40) hours per week, of reasonable time off with pay will be granted to pregnant employees for the purpose of attending routine medical appointments.

39.02 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.

Article 40: injury-on-duty leave

40.01 An employee shall be granted injury-on-duty leave with pay for such period as may be reasonably determined by the Employer when a claim has been made pursuant to the Government Employees’ Compensation Act, and a workers’ compensation authority has notified the Employer that it has certified that the employee is unable to work because of:

1. personal injury accidentally received in the performance of his or her duties and not caused by the employee’s wilful misconduct,
   or
2. an industrial illness or a disease arising out of and in the course of the employee’s employment,

if the employee agrees to remit to the Receiver General for Canada any amount received by him or her in compensation for loss of pay resulting from or in respect of such injury, illness or disease 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.

Article 41: maternity leave without pay

41.01 Maternity leave without pay

1. An employee who becomes pregnant shall, upon request, be granted maternity leave without pay for a period beginning before, on or after the termination date of pregnancy and ending not later than eighteen (18) weeks after the termination date of pregnancy.
2. Notwithstanding paragraph (a):
   1. where the employee has not yet proceeded on maternity leave without pay and her newborn child is hospitalized,
      or
   2. where the employee has proceeded on maternity leave without pay and then returns to work for all or part of the period while her newborn child is hospitalized,

   the period of maternity leave without pay defined in paragraph (a) may be extended beyond the date falling eighteen (18) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child’s hospitalization while the employee was not on 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 maternity leave without pay may elect to:
   1. use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates;
   2. use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in Article 38 (sick leave with pay). For purposes of this subparagraph, the terms “illness” or “injury” used in Article 38 (sick leave with pay), shall include medical disability related to pregnancy.
6. An employee shall inform the Employer in writing of her plans to take leave with and without pay to cover her absence from work due to the pregnancy at least four (4) weeks before the initial date of continuous leave of absence while 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.

41.02 Maternity allowance

1. An employee who has been granted maternity leave without pay shall be paid a maternity allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), provided that she:
   1. has completed six (6) months of continuous employment before the commencement of her maternity leave without pay,
   2. provides the Employer with proof that she has applied for and is in receipt of maternity benefits under the Employment Insurance or the Québec Parental Insurance Plan in respect of insurable employment with the Employer,
      and
   3. has signed an agreement with the Employer stating that:
      1. she 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 her maternity leave without pay unless the return-to-work date is modified by the approval of another form of leave;
      2. following her return to work, as described in section (A), she will work for a period equal to the period she was in receipt of maternity allowance;
      3. should she fail to return to work as described in section (A), or should she return to work but fail to work for the total period specified in section (B), for reasons other than death, 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, she will be indebted to the Employer for an amount determined as follows:

         

         however, an employee whose specified period of employment expired and who is rehired 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 her 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. 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 her weekly rate of pay for each week of the waiting period, less any other monies earned during this period
      and
   2. for each week that the employee receives a maternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, she is eligible to receive the difference between ninety-three per cent (93%) of her weekly rate and the maternity benefit, less any other monies earned during this period which may result in a decrease in her maternity benefit to which she would have been eligible if no extra monies had been earned during this period,
      and
   3. where an employee has received the full fifteen (15) weeks of maternity benefit under Employment Insurance and thereafter remains on maternity leave without pay, she is eligible to receive a further maternity allowance for a period of one (1) week, ninety-three per cent (93%) of her weekly rate of pay for each week, less any other monies earned during this period.
4. At the employee’s request, the payment referred to in subparagraph 41.02(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance or Québec Parental Insurance Plan maternity benefits.
5. The maternity allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that she may be required to repay pursuant to the Employment Insurance Act or the 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 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 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 to which the employee is entitled for her substantive level to which she is appointed.
8. Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of maternity leave without pay an employee has been on an acting assignment for at least four (4) months, the weekly rate shall be the rate she was being paid on that day.
9. Where an employee becomes eligible for a pay increment or pay revision that would increase the maternity allowance while in receipt of the maternity allowance, the allowance shall be adjusted accordingly.
10. Maternity allowance payments made under the SUB Plan will neither reduce nor increase an employee’s deferred remuneration or severance pay.

41.03 Special maternity allowance for totally disabled employees

1. An employee who:
   1. fails to satisfy the eligibility requirement specified in subparagraph 41.02(a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Long-term Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or the Government Employees Compensation Act prevents her from receiving Employment Insurance or Québec Parental Insurance Plan maternity benefits,
      and
   2. has satisfied all of the other eligibility criteria specified in paragraph 41.02(a), other than those specified in sections (A) and (B) of subparagraph 41.02(a)(iii), shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93%) of her weekly rate of pay and the gross amount of her weekly disability benefit under the DI Plan, the LTD Plan or through the Government Employees Compensation Act.
2. An employee shall be paid an allowance under this clause and under clause 41.02 for a combined period of no more than the number of weeks while she would have been eligible for maternity benefits under the Employment Insurance or the Québec Parental Insurance Plan had she not been disqualified from Employment Insurance or Québec Parental Insurance Plan maternity benefits for the reasons described in subparagraph (a)(i).

Article 42: maternity-related reassignment or leave

42.01 An employee who is pregnant or nursing may, during the period from the beginning of pregnancy to the end of the fifty-second (52nd) week following the birth, request the Employer to modify her job functions or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of her current functions may pose a risk to her health or that of the fetus or child. On being informed of the cessation, the employer, with the written consent of the employee, shall notify the appropriate workplace committee or the health and safety representative.

42.02 An employee’s request under clause 42.01 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.

42.03 An employee who has made a request under clause 42.01 is entitled to continue in her current job while the Employer examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to be immediately assigned alternative duties until such time as the Employer:

1. modifies her job functions or reassigns her,
   or
2. informs her in writing that it is not reasonably practicable to modify her job functions or reassign her.

42.04 Where reasonably practicable, the Employer shall modify the employee’s job functions or reassign her.

42.05 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 fifty-two (52) weeks after the birth.

42.06 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.

42.07 Notwithstanding 42.05, for an employee working in an institution where she is in direct and regular contact with offenders, 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 maternity leave without pay or the termination date of the pregnancy, whichever comes first.

Article 43: parental leave without pay

43.01 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 in 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 while his or her child is hospitalized,

   the period of parental leave without pay specified in the original leave request may be extended by a period equal to that portion of the period of the child’s hospitalization while 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 before the commencement date of such 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.

43.02 Parental allowance

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

• Option 1: standard parental benefits, paragraphs 43.02(c) to (k),
  or
• Option 2: extended parental benefits, paragraphs 43.02(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 he or she:
   1. has completed six (6) months of continuous employment before the commencement of parental leave without pay,
   2. provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance Plan 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 his or her parental leave without pay, unless the return-to-work date is modified by the approval of another form of leave;
      2. following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the standard parental allowance, in addition to the period of time referred to in section 41.02(a)(iii)(B), if applicable. Where the employee has elected the extended parental allowance, following his or her 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 41.02(a)(iii)(B), if applicable;
      3. should he or she fail to return to work as described in section (A) or should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, 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, he or she will be indebted to the Employer for an amount determined as follows:

         

         however, an employee whose specified period of employment expired and who is rehired 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 his or her 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 subparagraphs 43.01(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 his or her weekly rate of pay (and the recruitment and retention “terminable allowance” if applicable) for each week of 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 Plan or the Québec Parental Insurance Plan, he or she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate (and the recruitment and retention “terminable allowance” if applicable) and the parental, adoption or paternity benefits, less any other monies earned during this period which may result in a decrease in his or her parental, adoption or paternity benefits to which he or she 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 up to two (2) weeks, ninety-three per cent (93%) of their weekly rate of pay for each week (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) for each week, less any other monies earned during this period;
   5. where an employee has received the full thirty-five (35) weeks of parental benefit under the Employment Insurance Plan and thereafter remains on parental leave without pay, he or she is eligible to receive a further parental allowance for a period of one (1) week at ninety-three per cent (93%) of his or her weekly rate of pay (and the recruitment and retention “terminable allowance” if applicable) for each week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in subparagraph 41.02(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) for each week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in subparagraphs 41.02(c)(iii) and 43.02(c)(v) for the same child;
4. At the employee’s request, the payment referred to in subparagraph 43.02(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 he or she 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 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 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 she or he 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 while in receipt of 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 maternity and standard parental allowances payable shall not exceed fifty-seven (57) weeks for each combined 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 43.01(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 his or her 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, he or she is eligible to receive the difference between fifty-five decimal eight per cent (55.8%) of his or her 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 his or her parental benefits to which he or she 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 Plan and thereafter remains on parental leave without pay, he or she is eligible to receive a further parental allowance for a period of one (1) week, fifty-five decimal eight per cent (55.8%) of his or her weekly rate of pay (and the recruitment and retention “terminable allowance” if applicable), for each week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in subparagraph 41.02(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) for each week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in subparagraph 41.02(c)(iii) for the same child;
13. At the employee’s request, the payment referred to in subparagraph 43.02 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 he or she is required to repay pursuant to the Employment Insurance Act.
15. The weekly rate of pay referred to in paragraph (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 he or she is 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, maternity and extended parental allowances payable shall not exceed eighty-six (86) weeks for each combined maternity and parental leave without pay.

43.03 Special parental allowance for totally disabled employees

1. An employee who:
   1. fails to satisfy the eligibility requirement specified in subparagraph 43.02(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 through 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 43.02(a), other than those specified in sections (A) and (B) of subparagraph 43.02(a)(iii), 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 gross amount of his or her weekly disability benefit under the DI Plan, the LTD Plan or through the Government Employees Compensation Act.
2. An employee shall be paid an allowance under this clause and under clause 43.02 for a combined period of no more than the number of weeks while the employee would have been eligible for parental, paternity or adoption benefits under the Employment Insurance or the Québec Parental Insurance Plan, had the employee not been disqualified from Employment Insurance or Québec Parental Insurance Plan benefits for the reasons described in subparagraph (a)(i).

Article 44: leave without pay for the care of family

44.01 Both parties recognize the importance of access to leave for the purpose of care of the family.

44.02 For the purpose of this article, “family” is defined per Article 2 and in addition:

1. 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.

44.03 Subject to paragraph 2.01(m), an employee shall be granted leave without pay for the care of family in accordance with the following conditions:

1. 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;
2. leave granted under this paragraph shall be for a minimum period of three (3) weeks;
3. the total leave granted under this article shall not exceed five (5) years during an employee’s total period of employment in the public service;
4. leave granted for a period of one (1) year or less shall be scheduled in a manner which ensures continued service delivery.

44.04 An employee who has proceeded on leave without pay may change his or her return-to-work date if such change does not result in additional costs to the Employer.

44.05 All leave granted under Leave Without Pay for the Long-Term Care of a Parent or under Leave Without Pay for the Care and Nurturing of Pre-School Age Children provisions under the terms of previous Operational Services collective agreements or other agreements will not count towards the calculation of the maximum amount of time allowed for Care of Family during an employee’s total period of employment in the public service.

Article 45: caregiving leave

45.01 An employee who provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) compassionate care benefits, family caregiver benefits for children and/or family caregiver benefits for adults shall be granted leave without pay while in receipt of or awaiting these benefits.

45.02 The leave without pay described in 45.01 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.

45.03 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.

45.04 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, clause 45.01 above ceases to apply.

45.05 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.

**Article 46: leave with pay for family-related responsibilities

46.01 For the purpose of this article, family is defined as:

1. spouse (or common-law partner resident with the employee);
2. children (including foster children, stepchildren or children of the spouse or common-law partner, ward of the employee), grandchild;
3. parents (including stepparents or foster parents);
4. father-in-law, mother-in-law, brother, sister, stepbrother, stepsister, grandparents of the employee;
5. any relative permanently residing in the employee’s household or with whom the employee permanently resides;
6. any relative for whom the employee has a duty of care, irrespective of whether they reside with the employee;
   or
7. 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.

46.02 The total leave with pay which may be granted under this article shall not exceed:

1. 37.5 hours in a fiscal year where the standard workweek is thirty-seven decimal five (37.5) hours;
2. 40 hours in a fiscal year where the standard workweek is forty (40) hours;
3. 42 hours in a fiscal year where the standard workweek is forty-two (42) hours;
4. 46.6 hours in a fiscal year where the standard workweek is forty-six point six (46.6) hours.

46.03 Subject to clause 46.02, the Employer shall grant leave with pay under the following circumstances:

**

1. to take a family member for medical or dental appointments, or for appointments with school authorities or adoption agencies, if the supervisor was notified of the appointment as far in advance as possible;
2. to provide for the immediate and temporary care of a sick 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. to provide for the immediate and temporary care of an elderly member of the employee’s family;
4. for needs directly related to the birth or to the adoption of the employee’s child.
5. to attend school functions, if the supervisor was notified of the function as far in advance as possible;
6. to provide for the employee’s child in the case of an unforeseeable closure of the school or daycare facility;
7. to visit a family member who, due to an incurable terminal illness, is nearing the end of their life;
8. forty per cent (40%) of the applicable hours stipulated in clause 46.02 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.

46.04 Where, in respect of any period of compensatory leave, an employee is granted leave with pay for illness in the family under paragraph 46.03(b) 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.

Article 47: leave without pay for personal needs

47.01 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 for 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 paragraphs (a) and (b) during the employee’s total period of employment in the public service. Leave without pay granted under this clause may not be used in combination with maternity or parental leave without the consent of the Employer.

Article 48: leave without pay for relocation of spouse

48.01 At the request of an employee, leave without pay for a period of up to one (1) year shall be granted to an employee whose spouse is permanently relocated and up to five (5) years to an employee whose spouse is temporarily relocated.

**Article 49: bereavement leave with pay

49.01 For the purpose of this article, “family” is defined per Article 2 and in addition:

1. 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. An employee shall be entitled to bereavement leave with pay under 49.01(a) only once during the employee’s total period of employment in the public service.

49.02 When a member of the employee’s family dies, an employee shall be entitled to bereavement leave with pay. Such bereavement leave, 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 regular scheduled days of rest for the employee. In addition, the employee may be granted up to three (3) days’ leave with pay for the purpose of travel related to the death.

1. 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.
2. 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.

**

49.03 An employee is entitled to one (1) day’s bereavement leave with pay for the purpose related to the death of their aunt or uncle, brother-in-law, sister-in-law, and grandparents of spouse.

**

49.04 If, during a period of paid leave, an employee is bereaved in circumstances under which he or she would have been eligible for bereavement leave with pay under clauses 49.02 and 49.03, the employee shall be granted bereavement leave with pay and his or her paid leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.

49.05 It is recognized by the parties that the circumstances which call for leave in respect of bereavement are based on individual circumstances. On request, the deputy head of a department may, after considering the particular circumstances involved, grant leave with pay for a period greater than and/or in a manner different than that provided for in clauses 49.02 and 49.03.

Article 50: court leave

50.01 The Employer shall grant leave with pay to an employee for the period of time he or she is required:

1. to be available for jury selection;
2. to serve on a jury;
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 or before a grand jury,
   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 bylaw to compel the attendance of witnesses before it,
      or
   5. before an arbitrator or umpire or a person or body of persons authorized bylaw to make an inquiry and to compel the attendance of witnesses before it.

Article 51: personnel selection leave

51.01 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 the Federal Public Sector Labour Relations 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 his or her presence is so required.

Article 52: education leave without pay

52.01 The Employer recognizes the usefulness of education leave. Upon written application by the employee and with the approval of the Employer, an employee may be granted education leave without pay for varying periods of up to one (1) year, which can be renewed by mutual agreement, to attend a recognized institution for studies in some field of education in which preparation is needed to fill the employee’s 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.

52.02 At the Employer’s discretion, an employee on education leave without pay under this article may receive an allowance in lieu of salary of up to one hundred per cent (100%) of the employee’s annual rate of pay, depending on the degree to which the education leave is deemed, by the Employer, to be relevant to organizational requirements. 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.

52.03 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.

52.04

1. As a condition of the granting of education leave without pay, 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.
2. If the employee:
   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 he or she has undertaken to serve after completion of the course;

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

**Article 53: career development leave

53.01 Career development refers to an activity which in the opinion of the Employer is likely to be of assistance to the individual in furthering his or her career development and to the organization in achieving its goals. The following activities shall be deemed to be part of career development:

1. a course given by the Employer;
2. a course offered by a recognized academic institution;
3. a seminar, convention or study session in a specialized field directly related to the employee’s work.

**

53.02 Upon written application by the employee, and with the approval of the Employer, career development leave with pay may be given for any one of the activities described in clause 53.01. The Employer shall endeavour to respond in writing in a timely fashion to requests for career development. In case of denial, the Employer shall give the written reason therefor, upon written request from the employee. The employee shall receive no compensation under Article 29 (overtime) and Article 34 (travelling time) during time spent on career development leave provided for in this article.

53.03 Employees on career development leave shall be reimbursed for all reasonable travel and other expenses incurred by them which the Employer may deem appropriate.

Article 54: examination leave with pay

54.01 At the Employer’s discretion, examination leave with pay may be granted to an employee for the purpose of writing an examination which takes place during the employee’s scheduled hours of work.

Article 55: leave with or without pay for other reasons

55.01 At its discretion, the Employer may grant:

1. leave with pay when circumstances not directly attributable to the employee prevent his or her reporting for duty; such leave shall not be unreasonably withheld;
2. leave with or without pay for purposes other than those specified in this agreement.

55.02 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, sixteen (16) hours of leave with pay for reasons of a personal nature. This leave can be taken in periods of eight (8) hours or four (4) hours each.

Notwithstanding the above paragraph, where the standard workweek is thirty-seven decimal five (37.5) hours per week, employees shall be granted, in each fiscal year, 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 seven 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.

Article 56: domestic violence leave

56.01 For the purpose of this article 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 from 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 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 article shall not exceed:
   1. seventy-five (75) hours in a fiscal year, where the standard workweek is thirty-seven decimal five (37.5) hours per week and seven decimal five (7.5) hours per day,
      or
   2. eighty (80) hours in a fiscal year, where the standard workweek is forty (40) hours per week and eight (8) hours per day,
      or
   3. eighty-four (84) hours in a fiscal year, where the standard workweek is forty-two (42) hours,
      or
   4. ninety-three decimal two (93.2) hours in a fiscal year, where the standard workweek is forty-six decimal six (46.6) hours.
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 clauses 56.01(b) and 56.01(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.

**Article 57: leave for traditional Indigenous practices

57.01

1. Subject to operational requirements as determined by the Employer, sixteen (16) hours of leave with pay and twenty-four (24) 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.
2. Notwithstanding paragraph 57.01(a)., where the standard workweek is thirty-seven decimal five (37.5) hours per week, 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.

57.02 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.

57.03 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.

57.04 Leave under this article may be taken in one or more periods. Each period of leave under 57.01(a). shall not be less than eight (8) hours and each period of leave under 57.01(b). shall not be less than seven decimal five (7.5) hours.

Article 58: restriction on outside employment

58.01 Unless otherwise specified by the Employer as being in an area that could represent a conflict of interest, employees shall not be restricted in engaging in other employment outside the hours they are required to work for the Employer.

Article 59: statement of duties

59.01 Upon written request, an employee shall be provided with a complete and current statement of the duties and responsibilities of his or her position, including the classification level and, where applicable, the point rating allotted by factor to his or her position, and an organization chart depicting the position’s place in the organization.

Article 60: duty aboard vessels

60.01 Nothing in this agreement shall be construed to impair in any manner whatsoever the authority of the Master.

60.02 The Master may, whenever he or she deems it advisable, require any employee to participate in lifeboat or other emergency drills without the payment of overtime.

60.03 Any work necessary for the safety of the vessel, passengers, crew or cargo shall be performed by all employees at any time on immediate call and, notwithstanding any provisions of this agreement which might be construed to the contrary, in no event shall overtime be paid for work performed in connection with such emergency duties of which the Master shall be the sole judge.

60.04 When an employee suffers loss of clothing or personal effects (those which can reasonably be expected to accompany the employee aboard the ship) because of marine disaster or shipwreck, the employee shall be reimbursed the value of those articles up to a maximum of three thousand dollars ($3,000) based on replacement cost.

60.05

1. An employee shall submit to the Employer a full inventory of his or her personal effects and shall be responsible for maintaining it in a current state.
2. An employee or the employee’s estate making a claim under this article shall submit to the Employer reasonable proof of such loss, and shall submit an affidavit listing the individual items and values claimed.

Article 61: employee performance review and employee files

61.01

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. A copy of the assessment form will be provided to the employee at that time. An employee’s signature on his or her assessment form will 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.
2. The Employer’s representative(s) who assess 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.
3. An employee has the right to make written comments to be attached to the performance review form.

61.02

1. Prior to an employee performance review the employee shall be given:
   1. the evaluation form which will be used for the review;
   2. any written document which provides instructions to the person conducting the review;
2. if during the employee performance review, either the form or instructions are changed they shall be given to the employee.

61.03 Upon written request of an employee, the personnel file of that employee shall be made available for his or her examination in the presence of an authorized representative of the Employer.

61.04 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 representations as the employee may deem appropriate concerning the report and to have such written representations attached to the report.

**Article 62: Correctional Service Specific Duty Allowance

**

62.01 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 allowance 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 as defined in the Corrections and Conditional Release Act, and/or CSC Commissioner Directives, or CORCAN Community Industries.

**

62.02 The value of the CSSDA shall be two thousand one hundred and forty dollars ($2,140) annually and paid on a biweekly basis in any pay period for which the employee is expected to perform said duties of the specific position in a month.

62.03 An employee will be entitled to receive the CSSDA, in accordance with 62.01:

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.

62.04 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 Accident Compensation Regulations

Article 63: wash-up time

Exclusions

This article applies only to the FR, GL, GS, HP, HS, and PR(S) Groups.

63.01 Where the Employer determines that due to the nature of work there is a clear-cut need, wash-up time up to a maximum of ten (10) minutes will be permitted before the end of the working day.

**Article 64: dangerous goods

Exception: This does not apply to the GS group.

**

64.01 An employee certified pursuant to the Transportation of Dangerous Goods Act, 1992 and who is assigned the responsibility for packaging and labelling of dangerous goods for shipping in accordance with the above act, shall receive a monthly allowance of seventy-five ($75) during any month in which they are required to package and label dangerous goods for shipping, and where the employee maintains such certification.

Article 65 trade certification fees

65.01 The Employer shall reimburse an employee for the payment of registration, licensing or certification fees to an organization, governing body or government agency when the payment of such fees is a requirement for the continuation of the performance of the duties of the employee’s position.

65.02 Membership dues referred to in Article 11 (check-off) of this agreement are specifically excluded as reimbursable fees under this article.

**Article 66: part-time employees

66.01 Definition

Part-time employee means an employee whose weekly scheduled hours of work on average are less than those established in the relevant Group Specific Appendix, but not less than those prescribed in the Federal Public Sector Labour Relations Act.

General

66.02 Unless otherwise specified in this article, part-time employees shall be entitled to the benefits provided under this agreement in the same proportion as their normal weekly hours of work compared with those specified in the relevant Group Specific Appendix.

66.03 Part-time employees are entitled to overtime compensation in accordance with subparagraph (r)(ii) of the overtime definition in clause 2.01.

66.04 The days of rest provisions of this agreement apply only in a week when a part-time employee has worked five (5) days or the weekly hours specified in the relevant Group Specific Appendix.

Specific application of this agreement

66.05 Reporting pay

Subject to clause 66.04, when a part-time employee meets the requirements to receive reporting pay on a day of rest, or is entitled to receive a minimum payment rather than pay for actual time worked during a period of standby, the part-time employee shall be paid a minimum payment of four (4) hours pay at the straight-time rate of pay.

66.06 Call-back

When a part-time employee meets the requirements to receive call-back pay in accordance with clause 30.01(c)(i) and is entitled to receive the minimum payment rather than pay for actual time worked, the part-time employee shall be paid a minimum payment of four (4) hours pay at the straight-time rate.

Designated holidays

**

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

66.08 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 32.01, the employee shall be paid at time and one half (1 1/2) of the straight-time rate of pay for all hours worked up to the daily hours specified in the relevant Group Specific Appendix, and double time (2T) thereafter.

66.09 A part-time employee who reports for work as directed on a day which is prescribed as a designated paid holiday for a full-time employee in clause 32.01, shall be paid for the time actually worked in accordance with clause 66.08, or a minimum of four (4) hours pay at the straight-time rate, whichever is greater.

66.10 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 service established in clause 37.02 of this agreement, pro-rated and calculated as follows:

1. when the entitlement is ten (10) hours a month, .250 multiplied by the number of the hours in the employee’s workweek per month;
2. when the entitlement is thirteen point thirty-six (13.36) hours a month, .333 multiplied by the number of the hours in the employee’s workweek per month;
3. when the entitlement is fourteen point seventy-two (14.72) hours a month, .367 multiplied by the number of the hours in the employee’s workweek per month;
4. when the entitlement is fifteen point thirty-six (15.36) hours a month, .383 multiplied by the number of the hours in the employee’s workweek per month;
5. when the entitlement is sixteen point seventy-two (16.72) hours a month, .417 multiplied by the number of the hours in the employee’s workweek per month;
6. when the entitlement is eighteen (18) hours a month, .450 multiplied by the number of hours in the employee’s workweek per month;
7. when the entitlement is twenty (20) hours a month, .500 multiplied by the number of the hours in the employee’s workweek per month.

66.11 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.

66.12 Vacation and sick leave administration

1. For the purposes of administration of clauses 66.10 and 66.11, where an employee does not work the same number of hours each week, the normal workweek shall be the weekly average of the hours worked at the straight-time rate 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.

66.13 Bereavement leave

Notwithstanding clause 66.02, there shall be no pro-rating of a “day” in Article 49 (bereavement leave with pay).

66.14 Severance pay

Notwithstanding the provisions of Article 67 (severance pay) of this agreement, where the period of continuous employment in respect of which 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.

Article 67: severance pay

67.01 Under the following circumstances and subject to clause 67.02, an employee shall receive severance benefits calculated on the basis of the weekly rate of pay to which he or she is entitled for the classification prescribed in his or her certificate of appointment on the date of his or her termination of employment.

1. Layoff
   1. On the first (1st) layoff 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 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 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).
   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 subparagraph (a)(i).
2. 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.

3. Death

   If an employee dies, there shall be paid to the employee’s estate a severance payment, comprising one (1) week’s pay for each complete year of continuous employment and, in the case of a partial year of payment in respect of the employee’s complete period 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.

4. Termination for cause for reasons of incapacity or incompetence
   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 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 reason of termination for cause for reasons of incompetence 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.

67.02 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. Under no circumstances shall the maximum severance pay provided under clause 67.01 and 67.04 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 61.04 to 61.07 of Appendix O or similar provisions in other collective agreements shall be considered as a termination benefit for the administration of this clause.

67.03 Appointment to a separate agency organization

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

67.04 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 O.

Article 68: pay administration

68.01 Except as provided in this article, the terms and conditions governing the application of pay to employees are not affected by this agreement.

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

1. The pay specified in the relevant Group Specific Appendix, 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 the relevant Group Specific Appendix, 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.

68.03

1. The rates of pay set forth in Group Specific Appendices shall become effective on the dates specified therein.
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 commencing on the effective date of the revision up to and including the day before this 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 9 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 68.03(b) for one dollar ($1.00) or less.

68.04 Where a pay increment and a pay revision are effected on the same date, the pay increment shall be applied first and the resulting rate shall be revised in accordance with the pay revision.

68.05 This article is subject to the memorandum of understanding signed by the Employer and the Alliance dated February 9, 1982, in respect of red-circled employees.

68.06 If, during the term of this agreement, a new classification standard for a group 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 Alliance the rates of pay and the rules affecting the pay of employees on their movement to the new levels.

68.07 When an employee is required by the Employer to substantially perform the duties of a higher classification level in an acting capacity and performs those duties for at least one full working day or one full shift, the employee shall be paid acting pay calculated from the date on which he or she commenced to act as if he or she had been appointed to that higher classification level for the period in which he or she acts.

68.08 When the regular pay day for an employee falls on his or her day of rest, every effort shall be made to issue his or her cheque on his or her last working day, provided it is available at his or her regular place of work.

Pay administration

68.09 The Employer will endeavour to make payments for overtime and other premium payments within four (4) weeks following the end of the calendar month in which it is earned.

No pyramiding of payments

68.10 Payments provided under overtime, reporting pay, the designated paid holiday and standby and call-back provisions of the agreement shall not be pyramided, that is an employee shall not receive more than one compensation for the same service.

Article 69: compensatory leave

Exception: this article does not apply to the SC group.

69.01

1. All the overtime, travelling time compensated at overtime rates, standby pay, reporting pay, call-back pay, and time worked on a designated paid holiday, shall be compensated with a payment except where, upon request of an employee and with the approval of the Employer, compensation shall be in equivalent leave with pay.

   Notwithstanding the above paragraph, designated paid holidays for FR employees will be compensated in accordance with clause 6.01 of Appendix A.

2. Compensatory leave may be granted subject to operational requirements and adequate advance notice being provided.
3. At the request of the employee, and with the approval of the employer, accumulated compensatory leave may be paid out, in whole or in part, once per fiscal year, at the rate in effect at the time of the request.
4. Compensatory leave earned in a fiscal year, and outstanding as of September 30 of the next following fiscal year will be paid at the employee’s rate of pay on September 30.

69.02 Where, in respect of any period of compensatory leave, an employee is granted:

1. bereavement leave with pay,
   or
2. leave with pay because of illness in the immediate family on production of a medical certificate,
   or
3. sick leave 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.

Article 70: agreement reopener

70.01 This agreement may be amended by mutual consent.

**Article 71: duration

**

71.01 The provisions of this agreement will expire on August 4, 2025.

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

Signed at Ottawa, this 11th day of the month of July 2023.

Firefighters Group, specific provisions and rates of pay

Notwithstanding the General Provisions of this collective agreement, the following specific provisions shall apply to employees performing duties in the Firefighters Group.

Annex “A”: FR, Firefighters Group annual rates of pay (in dollars)

Table legend

• $) Effective August 5, 2020
• A) Effective August 5, 2021 - Increase to Rates of Pay
• B) Effective August 5, 2022 - Increase to Rates of Pay
• X) Effective August 5, 2022 - Wage Adjustment
• C) Effective August 5, 2023 - Increase to Rates of Pay
• Y) Effective August 5, 2023 - Market Adjustment
• D) Effective August 5, 2024 - Increase to Rates of Pay
• Z) Effective August 5, 2024 - Wage Adjustment

Rates of pay will be adjusted within 180 days of signature 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 L, as a lump sum payment. In particular: 

1. Year 1 (2021) increase (that is, “A”): paid as a retroactive lump sum payment equal to a 1.50% economic increase of August 5, 2020, rates. 
2. Year 2 (2022) increases (that is, “B” and “X”): paid as a retroactive lump sum payment equal to the year 1 increase plus a 3.50% economic increase and a 1.25% wage adjustment, for a compounded total increase of 6.366% of August 5, 2020, rates. 
3. Year 3 (2023) increases (that is, “C” and “Y”): paid as a retroactive lump sum payment equal to the year 1 and year 2 increases plus a 3.00% economic increase and a 6.00% sub-group specific market adjustment, for a compounded total increase of 16.130% of August 5, 2020, rates. 

Pay notes

1. The pay increment date for an indeterminate employee appointed to a position in the bargaining unit on promotion, demotion, or from outside the public service after November 25, 1977, shall be the anniversary of the employee’s appointment.
2. The increment period for indeterminate employees paid in these scales of rates, other than employees paid in the recruitment rate scale of rates, is one (1) year.
3. The pay increment period for term employees at levels FR‑1 to FR‑7 is fifty-two (52) weeks. A pay increment shall be the next rate in the scale of rates.
4. An employee appointed to a term position shall receive an increment after having reached fifty-two (52) weeks of cumulative service. For the purpose of defining when a determinate employee will be entitled to go the next salary increment, “cumulative” means all service, whether continuous or discontinuous within the core public administration at the same occupational group and level.
5. The increment period for employees paid in the Recruitment Rate scale of rates is six (6) months.
6. After completing the second (2nd) six (6) months at the recruitment rate the employee shall be paid at the FR‑1 rate then in effect.

General Labour and Trades Group specific provisions and rates of pay

Notwithstanding the general provisions of this collective agreement, the following specific provisions shall apply to employees performing duties in the General Labour and Trades Group.

Annex “A-1”: GL, General Labour and Trades Group

Pay notes

1. Pay increments
   1. The pay increment date for an indeterminate employee appointed to a position in the General Labour and Trades Group prior to August 5, 2009, shall be August 5.
   2. The pay increment date for an indeterminate employee appointed to a position in the General Labour and Trades Group on or after August 5, 2009, shall be the anniversary date such an appointment.
   3. The increment period for indeterminate employees, other than apprentices, paid in these scales of rates, is one (1) year.
   4. The pay increment period for term employees at levels, other than apprentices, is fifty-two (52) weeks. A pay increment shall be to the next rate in the scale of rates.
   5. An employee appointed to a term position shall receive an increment after having reached fifty-two (52) weeks of cumulative service. For the purpose of defining when a determinate employee will be entitled to go the next salary increment, “cumulative” means all service, whether continuous or discontinuous within the core public administration at the same occupational group and level.
   6. Apprenticeship rates of pay are based on a percentage of the maximum rate of pay of the applicable subgroup and level.
2. The apprentice rate of pay will be based on the following subgroups:
   1. Aircraft Maintaining Sub-Group (AIM) 09
   2. Ammunition Working Sub-Group (AMW) 06
   3. Electrical Installing and Maintaining Sub-Group (EIM) 10
   4. Instrument Maintaining Sub-Group (INM) 10
   5. Machinery Maintaining Sub-Group (MAM) 09
   6. Machine, Tool-Making and Engraving (MST) 11
   7. Painting and Construction Finishing Sub-Group (PCF) 07
   8. Pipefitting Sub-Group (PIP) 09
   9. Precision Working Sub-Group (PRW) 07
   10. Sheet Metal Working Sub-Group (SMW) 09
   11. Vehicle and Heavy Equipment Maintaining Sub-Group (VHE) 09
   12. Woodworking Sub-Group (WOW) 09
   13. Construction Inspecting Sub-Group (COI) 10
       1. 48 months to certificate, 50% of above cited subgroup
       2. 42 months to certificate, 56% of above cited subgroup
       3. 36 months to certificate, 62% of above cited subgroup
       4. 30 months to certificate, 68% of above cited subgroup
       5. 24 months to certificate, 74% of above cited subgroup
       6. 18 months to certificate, 80% of above cited subgroup
       7. 12 months to certificate, 86% of above cited subgroup
       8. 6 months to certificate, 92% of above cited subgroup

Placement in the grid shall be in accordance with provincial, territorial or Red Seal standards or, where there is no provincial, territorial or Red Seal standard, another governing body or government standards.

See Annex A-2 for apprenticeship rates

General Labour and Trades (Supervisory and Non-Supervisory) Groups
Aircraft Maintaining Sub-Group (AIM)
Hourly rates of pay (in dollars)

Table legend

• $) Effective August 5, 2020
• A) Effective August 5, 2021 - Increase to Rates of Pay
• B) Effective August 5, 2022 - Increase to Rates of Pay
• X) Effective August 5, 2022 - Wage Adjustment
• C) Effective August 5, 2023 - Increase to Rates of Pay
• Y) Effective August 5, 2023 - Pay Line Adjustment
• D) Effective August 5, 2024 - Increase to Rates of Pay
• Z) Effective August 5, 2024 - Wage Adjustment

Rates of pay will be adjusted within 180 days of signature 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 L, as a lump sum payment. In particular: 

1. Year 1 (2021) increase (that is, “A”): paid as a retroactive lump sum payment equal to a 1.50% economic increase of August 5, 2020, rates. 
2. Year 2 (2022) increases (that is, “B” and “X”): paid as a retroactive lump sum payment equal to the year 1 increase plus a 3.50% economic increase and a 1.25% wage adjustment, for a compounded total increase of 6.366% of August 5, 2020, rates. 
3. Year 3 (2023) increases (that is, “C” and “Y”): paid as a retroactive lump sum payment equal to the year 1 and year 2 increases plus a 3.00% economic increase and a 0.5% pay line adjustment, for a compounded total increase of 10.104% of August 5, 2020, rates.

General Labour and Trades (Supervisory and Non-Supervisory) Groups
Ammunition Working Sub-Group (AMW)
Hourly rates of pay (in dollars)

Table legend

• $) Effective August 5, 2020
• A) Effective August 5, 2021 - Increase to Rates of Pay
• B) Effective August 5, 2022 - Increase to Rates of Pay
• X) Effective August 5, 2022 - Wage Adjustment
• C) Effective August 5, 2023 - Increase to Rates of Pay
• Y) Effective August 5, 2023 - Pay Line Adjustment
• D) Effective August 5, 2024 - Increase to Rates of Pay
• Z) Effective August 5, 2024 - Wage Adjustment

Rates of pay will be adjusted within 180 days of signature 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 L, as a lump sum payment. In particular: 

1. Year 1 (2021) increase (that is, “A”): paid as a retroactive lump sum payment equal to a 1.50% economic increase of August 5, 2020, rates. 
2. Year 2 (2022) increases (that is, “B” and “X”): paid as a retroactive lump sum payment equal to the year 1 increase plus a 3.50% economic increase and a 1.25% wage adjustment, for a compounded total increase of 6.366% of August 5, 2020, rates. 
3. Year 3 (2023) increases (that is, “C” and “Y”): paid as a retroactive lump sum payment equal to the year 1 and year 2 increases plus a 3.00% economic increase and a 0.5% pay line adjustment, for a compounded total increase of 10.104% of August 5, 2020, rates.

General Labour and Trades (Supervisory and Non-Supervisory) Groups
Construction Inspecting Sub-Group (COI) (Construction Inspector)
Hourly rates of pay (in dollars)

Table legend

• $) Effective August 5, 2020
• A) Effective August 5, 2021 - Increase to Rates of Pay
• B) Effective August 5, 2022 - Increase to Rates of Pay
• X) Effective August 5, 2022 - Wage Adjustment
• C) Effective August 5, 2023 - Increase to Rates of Pay
• Y) Effective August 5, 2023 - Pay Line Adjustment
• D) Effective August 5, 2024 - Increase to Rates of Pay
• Z) Effective August 5, 2024 - Wage Adjustment

Rates of pay will be adjusted within 180 days of signature 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 L, as a lump sum payment. In particular: 

1. Year 1 (2021) increase (that is, “A”): paid as a retroactive lump sum payment equal to a 1.50% economic increase of August 5, 2020, rates. 
2. Year 2 (2022) increases (that is, “B” and “X”): paid as a retroactive lump sum payment equal to the year 1 increase plus a 3.50% economic increase and a 1.25% wage adjustment, for a compounded total increase of 6.366% of August 5, 2020, rates. 
3. Year 3 (2023) increases (that is, “C” and “Y”): paid as a retroactive lump sum payment equal to the year 1 and year 2 increases plus a 3.00% economic increase and a 3.00% sub-group specific market adjustment, for a compounded total increase of 12.843% of August 5, 2020, rates.

General Labour and Trades (Supervisory and Non-Supervisory) Groups
Electrical Installing and Maintaining Sub-Group (EIM) (Electrician)
Hourly rates of pay (in dollars)

Table legend

• $) Effective August 5, 2020
• A) Effective August 5, 2021 - Increase to Rates of Pay
• B) Effective August 5, 2022 - Increase to Rates of Pay
• X) Effective August 5, 2022 - Wage Adjustment
• C) Effective August 5, 2023 - Increase to Rates of Pay
• Y) Effective August 5, 2023 - Pay Line Adjustment
• D) Effective August 5, 2024 - Increase to Rates of Pay
• Z) Effective August 5, 2024 - Wage Adjustment

Rates of pay will be adjusted within 180 days of signature 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 L, as a lump sum payment. In particular: 

1. Year 1 (2021) increase (that is, “A”): paid as a retroactive lump sum payment equal to a 1.50% economic increase of August 5, 2020, rates. 
2. Year 2 (2022) increases (that is, “B” and “X”): paid as a retroactive lump sum payment equal to the year 1 increase plus a 3.50% economic increase and a 1.25% wage adjustment, for a compounded total increase of 6.366% of August 5, 2020, rates. 
3. Year 3 (2023) increases (that is, “C” and “Y”): paid as a retroactive lump sum payment equal to the year 1 and year 2 increases plus a 3.00% economic increase and a 0.5% pay line adjustment, for a compounded total increase of 10.104% of August 5, 2020, rates.

General Labour and Trades (Supervisory and Non-Supervisory) Groups
Elemental Sub-Group (ELE)
Hourly rates of pay (in dollars)

Table legend

• $) Effective August 5, 2020
• A) Effective August 5, 2021 - Increase to Rates of Pay
• B) Effective August 5, 2022 - Increase to Rates of Pay
• X) Effective August 5, 2022 - Wage Adjustment
• C) Effective August 5, 2023 - Increase to Rates of Pay
• Y) Effective August 5, 2023 - Pay Line Adjustment
• D) Effective August 5, 2024 - Increase to Rates of Pay
• Z) Effective August 5, 2024 - Wage Adjustment

Rates of pay will be adjusted within 180 days of signature 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 L, as a lump sum payment. In particular: 

1. Year 1 (2021) increase (that is, “A”): paid as a retroactive lump sum payment equal to a 1.50% economic increase of August 5, 2020, rates. 
2. Year 2 (2022) increases (that is, “B” and “X”): paid as a retroactive lump sum payment equal to the year 1 increase plus a 3.50% economic increase and a 1.25% wage adjustment, for a compounded total increase of 6.366% of August 5, 2020, rates. 
3. Year 3 (2023) increases (that is, “C” and “Y”): paid as a retroactive lump sum payment equal to the year 1 and year 2 increases plus a 3.00% economic increase and a 0.5% pay line adjustment, for a compounded total increase of 10.104% of August 5, 2020, rates.

General Labour and Trades (Supervisory and Non-Supervisory) Groups
Grain-Handlers and Weighpersons Sub-Group (GHW)
Hourly rates of pay (in dollars)

Table legend

• $) Effective August 5, 2020
• A) Effective August 5, 2021 - Increase to Rates of Pay
• B) Effective August 5, 2022 - Increase to Rates of Pay
• X) Effective August 5, 2022 - Wage Adjustment
• C) Effective August 5, 2023 - Increase to Rates of Pay
• Y) Effective August 5, 2023 - Pay Line Adjustment
• D) Effective August 5, 2024 - Increase to Rates of Pay
• Z) Effective August 5, 2024 - Wage Adjustment

Rates of pay will be adjusted within 180 days of signature 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 L, as a lump sum payment. In particular: 

1. Year 1 (2021) increase (that is, “A”): paid as a retroactive lump sum payment equal to a 1.50% economic increase of August 5, 2020, rates. 
2. Year 2 (2022) increases (that is, “B” and “X”): paid as a retroactive lump sum payment equal to the year 1 increase plus a 3.50% economic increase and a 1.25% wage adjustment, for a compounded total increase of 6.366% of August 5, 2020, rates. 
3. Year 3 (2023) increases (that is, “C” and “Y”): paid as a retroactive lump sum payment equal to the year 1 and year 2 increases plus a 3.00% economic increase and a 0.5% pay line adjustment, for a compounded total increase of 10.104% of August 5, 2020, rates.

General Labour and Trades (Supervisory and Non-Supervisory) Groups
Instrument Maintaining Sub-Group (INM)
Hourly rates of pay (in dollars)

Table legend

• $) Effective August 5, 2020
• A) Effective August 5, 2021 - Increase to Rates of Pay
• B) Effective August 5, 2022 - Increase to Rates of Pay
• X) Effective August 5, 2022 - Wage Adjustment
• C) Effective August 5, 2023 - Increase to Rates of Pay
• Y) Effective August 5, 2023 - Pay Line Adjustment
• D) Effective August 5, 2024 - Increase to Rates of Pay
• Z) Effective August 5, 2024 - Wage Adjustment

Rates of pay will be adjusted within 180 days of signature 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 L, as a lump sum payment. In particular: 

1. Year 1 (2021) increase (that is, “A”): paid as a retroactive lump sum payment equal to a 1.50% economic increase of August 5, 2020, rates. 
2. Year 2 (2022) increases (that is, “B” and “X”): paid as a retroactive lump sum payment equal to the year 1 increase plus a 3.50% economic increase and a 1.25% wage adjustment, for a compounded total increase of 6.366% of August 5, 2020, rates. 
3. Year 3 (2023) increases (that is, “C” and “Y”): paid as a retroactive lump sum payment equal to the year 1 and year 2 increases plus a 3.00% economic increase and a 0.5% pay line adjustment, for a compounded total increase of 10.104% of August 5, 2020, rates.

General Labour and Trades (Supervisory and Non-Supervisory) Groups
Machinery Maintaining Sub-Group (MAM)
Hourly rates of pay (in dollars)

Légende

• $) Effective August 5, 2020
• A) Effective August 5, 2021 - Increase to Rates of Pay
• B) Effective August 5, 2022 - Increase to Rates of Pay
• X) Effective August 5, 2022 - Wage Adjustment
• C) Effective August 5, 2023 - Increase to Rates of Pay
• Y) Effective August 5, 2023 - Market Adjustment
• D) Effective August 5, 2024 - Increase to Rates of Pay
• Z) Effective August 5, 2024 - Wage Adjustment

Rates of pay will be adjusted within 180 days of signature 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 L, as a lump sum payment. In particular: 

1. Year 1 (2021) increase (that is, “A”): paid as a retroactive lump sum payment equal to a 1.50% economic increase of August 5, 2020, rates. 
2. Year 2 (2022) increases (that is, “B” and “X”): paid as a retroactive lump sum payment equal to the year 1 increase plus a 3.50% economic increase and a 1.25% wage adjustment, for a compounded total increase of 6.366% of August 5, 2020, rates. 
3. Year 3 (2023) increases (that is, “C” and “Y”): paid as a retroactive lump sum payment equal to the year 1 and year 2 increases plus a 3.00% economic increase and a 3.00% sub-group specific market adjustment, for a compounded total increase of 12.843% of August 5, 2020, rates.

General Labour and Trades (Supervisory and Non-Supervisory) Groups
Manipulating Sub-Group (MAN)
Hourly rates of pay (in dollars)

Table legend

• $) Effective August 5, 2020
• A) Effective August 5, 2021 - Increase to Rates of Pay
• B) Effective August 5, 2022 - Increase to Rates of Pay
• X) Effective August 5, 2022 - Wage Adjustment
• C) Effective August 5, 2023 - Increase to Rates of Pay
• Y) Effective August 5, 2023 - Pay Line Adjustment
• D) Effective August 5, 2024 - Increase to Rates of Pay
• Z) Effective August 5, 2024 - Wage Adjustment