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16.01 Credits
An employee shall earn sick leave credits at
the rate of nine decimal three seven five (9.375) hours for each calendar month
for which the employee receives pay for at least seventy-five (75) hours.
16.02 An employee shall be
granted sick leave with pay when the employee is unable to perform the employee's
duties because of illness or injury provided that:
- the employee satisfies the Employer of
this condition in such a manner and at such a time as may be determined by the
Employer,
and
- the employee has the necessary sick leave credits.
16.03 Unless otherwise informed by the Employer, a statement signed by
the employee stating that because of illness or injury the employee was unable
to perform the employee's duties shall, when delivered to the Employer, be
considered as meeting the requirements of paragraph 16.02(a) above.
16.04 When an employee is
granted sick leave with pay and injury-on-duty leave is subsequently approved
for the same period, it shall be considered for the purpose of the record of
sick leave credits that the employee was not granted sick leave with pay.
16.05 Where an employee has
insufficient or no credits to cover the granting of sick leave with pay under
the provision of clause 16.02 above, sick leave with pay may, at the discretion
of the Employer, be granted to an employee for a period of up to one hundred
eighty-seven decimal five (187.5) hours, subject to the deduction of such
advanced leave from any sick leave credits subsequently earned and, in the
event of termination of employment for other than death or lay-off, the
recovery of the advance from any monies owed the employee.
16.06 Sick leave credits
earned but unused by an employee during a previous period of employment in the
Public Service shall be restored to an employee whose employment was terminated
by reason of lay-off and who is reappointed in the Public Service within two (2)
years from the date of lay-off.
16.07 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.
16.08 The Employer may, for
good and sufficient reason, advance sick leave credits to an employee when a
previous advance has not been fully reimbursed.
**
16.09 The Employer agrees that an employee shall not be terminated for
cause for reason 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 the employee's
accumulated sick leave credits.
17.01 Validation
In respect to applications for leave made
pursuant to this Article, the employee may be required to provide satisfactory
validation of the circumstances necessitating such requests.
**
17.02 Bereavement Leave with Pay
For the purpose of this clause, immediate
family is defined as father, mother (or alternatively stepfather, stepmother,
or foster parent), brother, sister, spouse (including common-law partner
resident with the employee), child (including child of common-law partner),
stepchild or ward of the employee, grandchild, father-in-law, mother-in-law,
the employee's grandparents and relative permanently residing in the employee's
household or with whom the employee permanently resides.
-
When a member of the employee's immediate family dies, an
employee shall be entitled to a single bereavement period of five (5)
consecutive calendar days. Such bereavement period, as
determined by the employee, must include the day of the memorial commemorating
the deceased or must begin within two (2) days following the death. During
such period the employee shall be paid for those days which are not regularly
scheduled days of rest for 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.
- An employee is entitled to one (1) day's
bereavement leave with pay for the purpose related to the death of his or her
son-in-law, daughter-in-law, brother-in-law or sister-in-law.
-
If, during a period of sick leave, vacation leave or compensatory leave, an
employee is bereaved in circumstances under which he or she would have been
eligible for bereavement leave with pay under paragraphs 17.02(a) and 17.02(b),
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.
-
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 and/or in a manner
different than that provided for in paragraphs 17.02(a) and 17.02(b).
**
17.03 Maternity Leave without Pay
-
An employee who becomes pregnant shall, upon request, be granted maternity
leave without pay for a period beginning before, on or after the termination
date of pregnancy and ending not later than eighteen (18) weeks after the
termination date of pregnancy.
- Notwithstanding paragraph (a):
- where
the employee has not yet proceeded on maternity leave without pay and her
newborn child is hospitalized,
or
- where
the employee has proceeded on maternity leave without pay and then returns to
work for all or part of the period during which her newborn child is
hospitalized,
the period of maternity leave without pay defined in paragraph (a)
may be extended beyond the date falling eighteen (18) weeks after the date of
termination of pregnancy by a period equal to that portion of the period of the
child's hospitalization during which the employee was not on maternity leave,
to a maximum of eighteen (18) weeks.
-
The extension described in paragraph (b) shall end not later than fifty-two (52)
weeks after the termination date of pregnancy.
- The
Employer may require an employee to submit a medical certificate certifying
pregnancy.
-
An employee who has not commenced maternity leave without pay may elect to:
- use
earned vacation and compensatory leave credits up to and beyond the date that
her pregnancy terminates;
- use
her sick leave credits up to and beyond the date that her pregnancy terminates,
subject to the provisions set out in Article 16, Sick Leave. For purposes of
this subparagraph, the terms "illness" or "injury" used in
Article 16, Sick Leave, shall include medical disability related to pregnancy.
-
An employee shall inform the Employer in writing of her plans for taking leave
with and without pay to cover her absence from work due to the pregnancy at
least four (4) weeks in advance of the initial date of continuous leave of
absence during which termination of pregnancy is expected to occur unless there
is a valid reason why the notice cannot be given.
-
Leave granted under this clause shall be counted for the calculation of "continuous
employment" for the purpose of calculating severance pay and "service"
for the purpose of calculating vacation leave. Time spent on such leave shall
be counted for pay increment purposes.
**
17.04 Maternity Allowance
- An employee who has been granted maternity
leave without pay shall be paid a maternity allowance in accordance with the
terms of the Supplemental Unemployment Benefit (SUB) Plan described in
paragraphs (c) to (i), provided that she:
- has
completed six (6) months of continuous employment before the commencement of
her maternity leave without pay,
- provides
the Employer with proof that she has applied for and is in receipt of maternity
benefits under the Employment Insurance or Québec Parental Insurance Plan in
respect of insurable employment with the Employer,
and
- has
signed an agreement with the Employer stating that:
- she will return to work on the expiry
date of her maternity leave without pay unless the return to work date is
modified by the approval of another form of leave;
- following her return to work, as
described in section (A), she will work for a period equal to the period she
was in receipt of the maternity allowance;
-
should she fail to return to work in accordance with section (A), or should she
return to work but fail to work for the total period specified in section (B),
for reasons other than death, lay-off, early termination due to lack of work or
discontinuance of a function of a specified period of employment that would have
been sufficient to meet the obligations specified in section (B), or having
become disabled as defined in the Public
Service Superannuation Act, she will be indebted to the Employer for an
amount determined as follows:
however,
an employee whose specified period of employment expired and who is rehired in
any portion of the Core Public Administration as specified in the Public
Service Labour Relations Act within a period of ninety (90) days or less
is not indebted for the amount if her new period of employment is sufficient to
meet the obligations specified in section (B).
-
For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay
shall count as time worked. Periods of leave without pay during the employee's
return to work will not be counted as time worked but shall interrupt the
period referred to in section (a)(iii)(B), without activating the recovery
provisions described in section (a)(iii)(C).
-
Maternity allowance payments made in accordance with the SUB Plan will consist
of the following:
- where
an employee is subject to a waiting period of two (2) weeks before receiving
Employment Insurance maternity benefits, ninety-three per cent (93%) of her
weekly rate of pay for each week of the waiting period, less any other monies
earned during this period,
- for each week that the employee receives a maternity benefit under the
Employment
Insurance or 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.
-
At the employee's request, the payment referred to in paragraph 17.04(c) 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 maternity
benefits.
-
The maternity allowance to which an employee is entitled is limited to that
provided in paragraph (c) and an employee will not be reimbursed for any amount
that she may be required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Québec.
-
The weekly rate of pay referred to in paragraph (c) shall be:
- for
a full-time employee, the employee's weekly rate of pay on the day immediately
preceding the commencement of maternity leave without pay,
- for
an employee who has been employed on a part-time or on a combined full-time and
part-time basis during the six (6) month period preceding the commencement of maternity
leave, the rate obtained by multiplying the weekly rate of pay in subparagraph (i)
by the fraction obtained by dividing the employee's straight-time earnings by
the straight-time earnings the employee would have earned working full-time
during such period.
-
The weekly rate of pay referred to in paragraph (f) shall be the rate to which
the employee is entitled for her substantive level to which she is appointed.
-
Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the
day immediately preceding the commencement of maternity leave without pay an
employee has been on an acting assignment for at least four (4) months, the
weekly rate shall be the rate she was being paid on that day.
-
Where an employee becomes eligible for a pay increment or pay revision that
would increase the maternity allowance, the allowance shall be adjusted
accordingly.
-
Maternity allowance payments made under the SUB Plan will neither reduce nor
increase an employee's deferred remuneration or severance pay.
**
17.05 Special Maternity Allowance for Totally Disabled Employees
- An employee who:
- fails
to satisfy the eligibility requirement specified in subparagraph 17.04(a)(ii)
solely because a concurrent entitlement to benefits under the Disability
Insurance (DI) Plan, the Long Term Disability (LTD) Insurance portion of the
Public Service Management Insurance Plan (PSMIP) or the Government Employees Compensation Act prevents her from receiving
Employment Insurance or Québec Parental
Insurance maternity benefits,
and
- has satisfied all of the other eligibility criteria specified in
paragraph 17.04(a), other than those specified in sections (A) and (B) of
subparagraph 17.04(a)(iii), shall be paid, in respect of each week of maternity
allowance not received for the reason described in subparagraph (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
via the Government Employees Compensation Act.
-
An employee shall be paid an allowance under this clause and under clause 17.04
for a combined period of no more than the number of weeks during which she
would have been eligible for maternity benefits under the Employment Insurance
or Québec Parental Insurance Plan
had she not been disqualified from Employment Insurance or Québec Parental Insurance maternity benefits for the reasons
described in subparagraph (a)(i).
**
17.06 Parental Leave Without Pay
- Where an employee has or will have the
actual care and custody of a new-born child (including the new-born child of a
common-law partner), the employee shall, upon request, be granted parental
leave without pay for a single period of up to thirty-seven (37) consecutive
weeks in the fifty-two (52) week period beginning on the day on which the child
is born or the day on which the child comes into the employee's care.
-
Where an employee commences legal proceedings under the laws of a province to
adopt a child or obtains an order under the laws of a province for the adoption
of a child, the employee shall, upon request, be granted parental leave without
pay for a single period of up to thirty-seven (37) consecutive weeks in the
fifty-two week (52) period beginning on the day on which the child comes into
the employee's care.
- Notwithstanding paragraphs (a) and (b)
above, at the request of an employee and at the discretion of the Employer, the
leave referred to in the paragraphs (a) and (b) above may be taken in two
periods.
-
Notwithstanding paragraphs (a) and (b):
- where
the employee's child is hospitalized within the period defined in the above
paragraphs, and the employee has not yet proceeded on parental leave without
pay,
or
- where
the employee has proceeded on parental leave without pay and then returns to
work for all or part of the period during which his or her child is
hospitalized, the period of parental leave without pay specified in the
original leave request may be extended by a period equal to that portion of the
period of the child's hospitalization during which the employee was not on
parental leave. However, the extension shall end not later than one hundred and
four (104)weeks
after the day on which the child comes into the employee's care.
-
An employee who intends to request parental leave without pay shall notify the
Employer at least four (4) weeks in advance of the commencement date of such
leave.
-
The Employer may:
- defer the commencement of parental leave without pay at the request of the employee;
- grant
the employee parental leave without pay with less than four (4) weeks' notice;
- require
an employee to submit a birth certificate or proof of adoption of the child.
-
Leave granted under this clause shall count for the calculation of "continuous
employment" for the purpose of calculating severance pay and "service"
for the purpose of calculating vacation leave. Time spent on such leave shall
count for pay increment purposes.
**
17.07 Parental Allowance
-
An employee who has been granted parental leave without pay, shall be paid a
parental allowance in accordance with the terms of the Supplemental
Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing
he or she:
- has
completed six (6) months of continuous employment before the commencement of
parental leave without pay,
- provides
the Employer with proof that he or she has applied for and is in receipt of
parental, paternity or adoption benefits under the Employment Insurance or
Québec Parental Insurance Plan in respect of insurable employment
with the Employer,
and
- has
signed an agreement with the Employer stating that:
- the employee will return to work on the
expiry date of his or her parental leave without pay, unless the return to work
date is modified by the approval of another form of leave;
-
Following his or her return to work, as described in section (A), the employee
will work for a period equal to the period the employee was in receipt of the
parental allowance, in addition to the period of time referred to in section 17.04(a)(iii)(B),
if applicable;
- should he or she fail to return to work
in accordance with section (A) or should he or she return to work but fail to
work the total period specified in section (B), for reasons other than death,
lay-off, early termination due to lack of work or discontinuance of a function
of a specified period of employment that would have been sufficient to meet the
obligations specified in section (B), or having become disabled as defined in
the Public Service Superannuation Act,
he or she will be indebted to the Employer for an amount determined as follows:
however,
an employee whose specified period of employment expired and who is rehired in
any portion of the Core Public Administration as specified in the Public
Service Labour Relations Act within a period of ninety (90) days or less
is not indebted for the amount if his or her new period of employment is
sufficient to meet the obligations specified in section (B).
-
For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay
shall count as time worked. Periods of leave without pay during the employee's
return to work will not be counted as time worked but shall interrupt the
period referred to in section (a)(iii)(B), without activating the recovery
provisions described in section (a)(iii)(C).
- Parental Allowance payments made in
accordance with the SUB Plan will consist of the following:
- where an employee is subject to a waiting
period of two (2) weeks before receiving Employment Insurance parental
benefits, ninety-three per cent (93%) of his or her weekly rate of pay for each
week of the waiting period, less any other monies earned during this period;
- for
each week the employee receives parental,
adoption or paternity benefit under
the Employment
Insurance or the Québec Parental Insurance Plan, he or she is eligible to receive the
difference between ninety-three per cent (93%) of his or her weekly rate and
the parental, adoption or paternity benefit, less
any other monies earned during this period which may result in a decrease in his or her parental, adoption or paternity benefit
to which he or she would have been eligible if no extra monies had been earned
during this period.
- where
an employee has received the full eighteen (18) weeks of maternity benefit and
the full thirty-two (32) weeks of parental benefit under the Québec Parental
Insurance Plan and thereafter remains on parental leave without pay, she is
eligible to receive a further parental allowance for a period of two (2) weeks,
ninety-three per cent (93%) of her weekly rate of pay for each week, less any
other monies earned during this period.
-
At the employee's request, the payment referred to in paragraph 17.07(c) will
be estimated and advanced to the employee. Adjustments will be made once the
employee provides proof of receipt of EI or QPIP parental benefits.
-
The parental allowance to which an employee is entitled is limited to that
provided in paragraph (c) and an employee will not be reimbursed for any amount
that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Québec.
-
The weekly rate of pay referred to in paragraph (c) shall be:
- for
a full-time employee, the employee's weekly rate of pay on the day immediately
preceding the commencement of maternity or parental leave without pay;
- for
an employee who has been employed on a part-time or on a combined full-time and
part-time basis during the six (6) month period preceding the commencement of
maternity or parental leave without pay, the rate obtained by multiplying the
weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the
employee's straight-time earnings by the straight-time earnings the employee
would have earned working full time during such period.
-
The weekly rate of pay referred to in paragraph (f) shall be the rate to which
the employee is entitled for the substantive level to which she or he is
appointed.
- Notwithstanding paragraph (g), and
subject to subparagraph (f)(ii), if on the day immediately preceding the
commencement of parental leave without pay an employee is performing an acting
assignment for at least four (4) months, the weekly rate shall be the rate the
employee was being paid on that day.
-
Where an employee becomes eligible for a pay increment or pay revision that
would increase the parental allowance, the allowance shall be adjusted
accordingly.
-
Parental allowance payments made under the SUB Plan will neither reduce nor
increase an employee's deferred remuneration or severance pay.
-
The maximum combined, shared maternity and parental allowances payable under
this collective agreement shall not exceed fifty-two (52) weeks.
**
17.08 Special Parental Allowance for Totally Disabled Employees
-
An employee who:
- fails
to satisfy the eligibility requirement specified in subparagraph 17.07(a)(ii)
solely because a concurrent entitlement to benefits under the Disability
Insurance (DI) Plan, the Long-term Disability (LTD) Insurance portion of the
Public Service Management Insurance Plan (PSMIP) or via the Government Employees Compensation Act prevents
the employee from receiving Employment Insurance or Québec Parental Insurance Plan benefits,
and
- has
satisfied all of the other eligibility criteria specified in paragraph 17.07(a),
other than those specified in sections (A) and (B) of subparagraph 17.07(a)(iii),
shall be paid, in respect of each week of benefits under the parental allowance
not received for the reason described in subparagraph (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 via the Government Employees
Compensation Act.
-
An employee shall be paid an allowance under this clause and under clause 17.07
for a combined period of no more than the number of weeks during which the
employee would have been eligible for parental, paternity or adoption benefits under the Employment Insurance or 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).
**
17.09 Leave Without Pay for the Care of Immediate Family
Subject to operational requirements, an
employee shall be granted leave without pay for the care of immediate family in
accordance with the following conditions:
-
For the purpose of this clause, family is defined as spouse (or common-law
partner resident with the employee), children (including foster children or
children of spouse or common-law partner) parents (including stepparents or
foster parent) or any relative permanently residing in the employee's household
or with whom the employee permanently resides;
-
an employee shall notify the Employer in writing as far in advance as possible
but not less then four (4) weeks in advance of the commencement date of such
leave, unless such notice cannot be given, because of an urgent or
unforeseeable circumstance;
-
leave granted under this clause shall be for a minimum period of three (3) weeks;
-
the total leave granted under this clause shall not exceed five (5) years
during an employee's total period of employment in the Public Service;
-
leave granted under this clause for a period of more than three (3) months
shall be deducted from the calculation of "continuous employment" for
the purpose of calculating severance pay and from the calculation of "service"
for the purpose of calculating vacation leave;
-
time spent on such leave for more than three (3)
months shall not be counted for pay increment purposes;
- time spent on such leave for a period of three (3) months or
less, shall be counted for pay increment purposes.
17.10
Leave Without Pay for Personal Needs
Leave without pay will be granted for
personal needs, in the following manner:
-
Subject to operational requirements, leave without pay for a period of up to
three (3) months will be granted to an employee for personal needs.
-
Subject to operational requirements, leave without pay of more than three (3) months
but not exceeding one (1) year will be granted to an employee for personal
needs.
-
An employee is entitled to leave without pay for personal needs only once under
each of paragraphs (a) and (b) of this clause during the employee's total
period of employment in the Public Service. Leave without pay granted under
this clause may not be used in combination with maternity or parental leave
without the consent of the Employer.
-
Leave granted under paragraph (a) of this clause shall be counted for the
calculation of "continuous employment" for the purpose of calculating
severance pay and "service" for the purpose of calculating vacation
leave. Time spent on such leave shall be counted for pay increment purposes.
- Leave without pay granted under
paragraph (b) of this clause shall be deducted from the calculation of "continuous
employment" for the purpose of calculating severance pay and "service"
for the purpose of calculating vacation leave for the employee involved. Time
spent on such leave shall not be counted for pay increment purposes.
17.11 Leave Without Pay
for Relocation of Spouse
-
At the request of an employee, leave without pay for a period of up to one (1) year
shall be granted to an employee whose spouse is permanently relocated and up to
five (5) years to an employee whose spouse is temporarily relocated.
-
Leave without pay granted under this clause shall be deducted from the
calculation of "continuous employment" for the purpose of calculating
severance pay and "service" for the purpose of calculating vacation
leave for the employee involved except where the period of such leave is less
than three (3) months. Time spent on such leave which is for a period of more
than three (3) months shall not be counted for pay increment purposes.
17.12 Leave With Pay
for Family-Related Responsibilities
-
For the purpose of this clause, family is defined as spouse (or common-law
partner resident with the employee), children (including foster children,
children of legal or common-law partner), parents (including stepparents or
foster parents), or any relative permanently residing in the employee's
household or with whom the employee permanently resides.
-
The Employer shall grant leave with pay under the following circumstances:
- an
employee is expected to make every reasonable effort to schedule medical or
dental appointments for family members to minimize or preclude his absence from
work; however, when alternate arrangements are not possible an employee shall
be granted leave for a medical or dental appointment when the family member is
incapable of attending the appointment by himself, or for appointments with
appropriate authorities in schools or adoption agencies. An employee requesting
leave under this provision must notify his supervisor of the appointment as far
in advance as possible;
- to
provide for the immediate and temporary care of a sick or elderly member of the
employee's family and to provide an employee with time to make alternate care
arrangements where the illness is of a longer duration;
- leave
with pay for needs directly related to the birth or to the adoption of the
employee's child.
-
The total leave with pay which may be granted under subparagraphs 17.12(b)(i),
(ii) and (iii) shall not exceed five (5) days in a fiscal year.
17.13 Volunteer Leave
Subject to operational requirements as
determined by the Employer and with an advance notice of at least five (5) working
days, the employee shall be granted, in each fiscal year, seven decimal five (7.5)
hours of leave with pay to work as a volunteer for a charitable or community
organisation or activity, other than for activities related to the Government of Canada Workplace Charitable Campaign;
The leave will be scheduled at a time
convenient both to the employee and the Employer. Nevertheless, the Employer
shall make every reasonable effort to grant the leave at such time as the
employee may request.
**
17.14 Court Leave With Pay
The Employer shall grant leave with pay to
an employee for the period of time the employee is required:
-
to be available for jury selection;
-
to serve on a jury;
or
-
by subpoena or summons to attend as a witness in any proceeding held:
- in
or under the authority of a court of justice;
- before
a court, judge, justice, magistrate or coroner;
- before
the Senate or House of Commons of Canada or a committee of the Senate or House
of Commons otherwise than in the performance of the duties of the employee's
position;
- before
a legislative council, legislative assembly or house of assembly, or any
committee thereof that is authorized by law to compel the attendance of
witnesses before it;
or
- before
an arbitrator or umpire or a person or body of persons authorized by law to
make an inquiry and to compel the attendance of witnesses before it.
17.15 Personnel Selection Leave With Pay
Where an employee participates in a
personnel selection process, including the appeal process where applicable, for
a position in the Public Service, as defined in the Public Service 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 the employee's presence is so required. This clause applies equally in
respect of the personnel selection processes related to deployment.
17.16 Injury-on-Duty
Leave With Pay
An employee shall be granted injury-on-duty
leave with pay for such reasonable period as may be determined by the Employer
where it is determined by a Provincial Worker's Compensation Board that the
employee is unable to perform the employee's duties because of:
-
personal injury accidentally received in the performance of the employee's
duties and not caused by the employee's willful misconduct,
-
sickness resulting from the nature of the employee's employment,
or
-
exposure to hazardous conditions in the course of the employee's employment,
if the employee agrees to pay to the
Receiver General of Canada any amount received for loss of wages in settlement
of any claim the employee may have in respect of such injury, sickness or
exposure, providing, however, that such amount does not stem from a personal
disability policy for which the employer or the employee's agent paid the
premium.
17.17 Examination Leave
Leave with pay to take examinations or
defend dissertations may be granted by the Employer to an employee who is not
on education leave. Such leave will be granted only where, in the opinion of
the Employer, the course of study is directly related to the employee's duties
or will improve the employee's qualifications.
17.18 Religious Observance
-
The Employer shall make every reasonable effort to accommodate an employee who
requests time off to fulfill his religious obligations.
-
Employees may, in accordance with the provisions of this Agreement, request
annual leave, compensatory leave or leave without pay for other reasons in
order to fulfill their religious obligations.
-
Notwithstanding paragraph 17.18(b), at the request of the employee and at the
discretion of the Employer, time off with pay may be granted to the employee in
order to fulfill his religious obligations. The number of hours with pay so
granted must be made up hour for hour within a period of six (6) months, at
times agreed to by the Employer. Hours worked as a result of time off granted
under this clause shall not be compensated nor should they result in any
additional payments by the Employer.
-
An employee who intends to request leave or time off under this Article must
give notice to the Employer as far in advance as possible but no later than
four (4) weeks before the requested period of absence.
**
17.19 Maternity-related Reassignment or Leave
-
An employee who is pregnant or nursing may, during the period from the
beginning of pregnancy to the end of the twenty-fourth (24th) week
following the birth, request the Employer to modify her job functions or
reassign her to another job if, by reason of the pregnancy or nursing,
continuing any of her current functions may pose a risk to her health or that
of the foetus or child.
-
An employee's request under paragraph 17.19(a) must be accompanied or followed
as soon as possible by a medical certificate indicating the expected duration
of the potential risk and the activities or conditions to avoid in order to
eliminate the risk. Dependent upon the particular circumstances of the request,
the Employer may obtain a medical opinion from Health
Canada or its authorized agent.
-
An employee who has made a request under paragraph 17.19(a) is entitled to
continue in her current job while the Employer examines her request, but, if
the risk posed by continuing any of her job functions so requires, she is
entitled to be immediately assigned alternative duties until such time as the
Employer:
- modifies
her job functions or reassigns her,
or
- informs
her in writing that it is not reasonably practicable to modify her job
functions or reassign her.
-
Where reasonably practicable, the Employer shall modify the employee's job
functions or reassign her.
-
Where the Employer concludes that a modification of job functions or a
reassignment that would avoid the activities or conditions indicated in the
medical certificate is not reasonably practicable, the Employer shall so inform
the employee in writing and shall grant leave of absence without pay to the
employee for the duration of the risk as indicated in the medical certificate.
However, such leave shall end no later than twenty-four (24) weeks after the
birth.
-
An employee whose job functions have been modified, who has been reassigned or
who is on leave of absence shall give at least two (2) weeks notice in writing
to the Employer of any change in duration of the risk or the inability as indicated
in the medical certificate, unless there is a valid reason why that notice
cannot be given. Such notice must be accompanied by a new medical certificate.
- Notwithstanding paragraph (e), 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 (1st).
17.20 Medical Appointment for Pregnant
employees
-
Up to three decimal seven five (3.75) hours of reasonable time off with pay
will be granted to pregnant employees for the purpose of attending routine
medical appointments.
-
Where a series of continuing appointments are necessary for the treatment of a
particular condition relating to the pregnancy, absences shall be charged to
sick leave.
17.21 Leave With or
Without Pay for Other Reasons
- At its discretion, the Employer may grant:
- leave
with pay when circumstances not directly attributable to the employee prevent
his reporting for duty; such leave shall not be unreasonably withheld;
- leave
with or without pay for purposes other than those specified in this Agreement.
- 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, seven decimal five (7.5) hours of leave with pay for reasons
of a personal nature.
- The
leave will be scheduled at a time convenient to both the employee and the
Employer. Nevertheless, the Employer shall make every reasonable effort to
grant the leave at such time as the employee may request.