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Marriage
Leave With Pay
30.01
**
-
After the completion of one (1) year's continuous employment in the
Public Service, and providing an employee gives the Employer at least five (5)
days' notice, the employee shall be granted forty (40) hours' marriage leave
with pay for the purpose of getting married.
- For an employee with less than two (2) years of continuous employment, in
the event of termination of employment for reasons other than death or lay-off
within six (6) months after the granting of marriage leave, an amount equal to
the amount paid the employee during the period of leave will be recovered by the
Employer from any monies owed the employee.
30.02 For the purpose of this Article, immediate family is
defined as father, mother (or alternatively stepfather, stepmother, or foster
parent), brother, sister, spouse (including common-law spouse resident with the
employee), child (including child of common-law spouse), stepchild or ward of
the employee, grandchild, grandparent, father-in-law, mother-in-law, 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 bereavement period of five (5) consecutive calendar days which
must include the day of the funeral. 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 or vacation leave, an employee is
bereaved in circumstances under which he or she would have been eligible for
bereavement leave with pay under clauses 30.02(a) and (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 than that
provided for in clauses 30.02(a) and (b).
**
30.03
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 31 Sick Leave With Pay.
For purposes of this subparagraph, the terms "illness" or
"injury" used in Article 31 Sick Leave With Pay, 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.
**
30.04 Maternity
Allowance
- An employee who has been granted maternity leave without pay shall be
paid a maternity allowance in accordance with the terms of the Supplemental
Unemployment Benefit (SUB) Plan described in paragraph (c) to (i), provided that
she:
- has completed six (6) months of continuous employment before the
commencement of her maternity leave without pay,
- provides the Employer with proof that she has applied for and is in
receipt of maternity benefits under the Employment Insurance or the Québec
Parental Insurance Plan in respect of insurable employment with the Employer,
- has signed an agreement with the Employer stating that:
- she will return to work on the expiry date of her maternity leave without
pay unless the return to work date is modified by the approval of another form
of leave;
- following her return to work, as described in section (A), she will work
for a period equal to the period she was in receipt of maternity allowance;
- should she fail to return to work in accordance with section (A), or
should she return to work but fail to work for the total period specified in
section (B), for reasons other than death, lay-off, early termination due to
lack of work or discontinuance of a function of a specified period of employment
that would have been sufficient to meet the obligations specified in section
(B), or having become disabled as defined in the Public Service
Superannuation Act, she will be indebted to the Employer for an amount
determined as follows:
however, an employee whose specified period of employment expired and
who is rehired in any portion of the Core Public Administration as specified in
the Public Service Labour Relations Act within a period of ninety (90)
days or less is not indebted for the amount if her new period of employment is
sufficient to meet the obligations specified in section (B).
- For the purpose of sections (a)(iii)(B), and (C), periods of leave with
pay shall count as time worked. Periods of leave without pay during the
employee's return to work will not be counted as time worked but shall interrupt
the period referred to in section (a)(iii)(B), without activating the recovery
provisions described in section (a)(iii)(C).
- Maternity allowance payments made in accordance with the SUB Plan will
consist of the following:
- where an employee is subject to a waiting period of two (2) weeks before
receiving Employment Insurance maternity benefits, ninety-three per cent (93%)
of her weekly rate of pay 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 the Québec Parental Insurance Plan, she is eligible to
receive the difference between ninety-three per cent (93%) of her weekly rate of
pay and the maternity benefit, less any other monies earned during this period
which may result in a decrease in her maternity benefit to which she would have
been eligible if no extra monies had been earned during this period.
- At the employee's request, the payment referred to in subparagraph
30.04(c)(i) will be estimated and advanced to the employee. Adjustments will be
made once the employee provides proof of receipt of Employment Insurance or
Québec Parental Insurance Plan maternity benefits.
- The maternity allowance to which an employee is entitled is limited to
that provided in paragraph (c) and an employee will not be reimbursed for any
amount that she may be required to repay pursuant to the Employment
Insurance Act or the Parental Insurance Act in Québec.
- The weekly rate of pay referred to in paragraph (c) shall be:
- for a full-time employee, the employee's weekly rate of pay on the day
immediately preceding the commencement of maternity leave without pay,
- for an employee who has been employed on a part-time or on a combined
full-time and part-time basis during the six (6) month period preceding the
commencement of maternity leave, the rate obtained by multiplying the weekly
rate of pay in subparagraph (i) by the fraction obtained by dividing the
employee's straight time earnings by the straight time earnings the employee
would have earned working full-time during such period.
- The weekly rate of pay referred to in paragraph (f) shall be the rate 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
while in receipt of 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.
**
30.05 Special Maternity
Allowance for Totally Disabled Employees
- An employee who:
- fails to satisfy the eligibility requirement specified in subparagraph
30.04(a)(ii) solely because a concurrent entitlement to benefits under the
Disability Insurance (DI) Plan, the Long-Term Disability (LTD) Insurance portion
of the Public Service Management Insurance Plan (PSMIP) or the Government
Employees Compensation Act prevents her from receiving Employment Insurance
or Québec Parental Insurance Plan maternity benefits;
and
- has satisfied all of the other eligibility criteria specified in
paragraph 30.04(a), other than those specified in sections (A) and (B) of
subparagraph 30.04(a)(iii);
shall be paid, in respect of each week of maternity allowance not received
for the reason described in subparagraph 30.05(a)(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
30.04 for a combined period of no more than the number of weeks during which she
would have been eligible for maternity benefits under the Employment Insurance
or the Québec Parental Insurance Plan had she not been disqualified from
Employment Insurance or Québec Parental Insurance Plan maternity benefits for
the reasons described in subparagraph 30.05(a)(i).
**
30.06 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.
**
30.07 Parental Allowance
- An employee who has been granted parental leave without pay, shall be
paid a parental allowance in accordance with the terms of the Supplemental
Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he
or she:
- has completed six (6) months of continuous employment before the
commencement of parental leave without pay,
- provides the Employer with proof that he or she has applied for and is
in receipt of parental, paternity or adoption benefits under the Employment
Insurance or the Québec Parental Insurance Plan in respect of insurable
employment with the Employer,
and
- has signed an agreement with the Employer stating that:
- the employee will return to work on the expiry date of his/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 30.04(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/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
benefits under the Employment Insurance or the Québec Parental Insurance Plan,
he or she is eligible to receive the difference between ninety-three per cent
(93%) of his or her weekly rate of pay and the parental, adoption or paternity
benefit, less any other monies earned during this period which may result in a
decrease in his/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 subparagraph
30.07(c)(i) will be estimated and advanced to the employee. Adjustments will be
made once the employee provides proof of receipt of Employment Insurance or
Québec Parental Insurance Plan parental benefits.
- The parental allowance to which an employee is entitled is limited to
that provided in paragraph (c) and an employee will not be reimbursed for any
amount that he or she is required to repay pursuant to the Employment
Insurance Act or the Parental Insurance Act in Québec.
- The weekly rate of pay referred to in paragraph (c) shall be:
- for a full-time employee, the employee's weekly rate of pay on the day
immediately preceding the commencement of maternity or parental leave without
pay;
- for an employee who has been employed on a part-time or on a combined
full-time and part-time basis during the six (6) month period preceding the
commencement of maternity or parental leave without pay, the rate obtained by
multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained
by dividing the employee's straight time earnings by the straight time earnings
the employee would have earned working full-time during such period.
- The weekly rate of pay referred to in paragraph (f) shall be the rate 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
while in receipt of 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 maternity and parental allowances payable under this
collective agreement shall not exceed fifty-two (52) weeks for each combined
maternity and parental leave without pay.
**
30.08 Special Parental
Allowance for Totally Disabled Employees
- An employee who:
- fails to satisfy the eligibility requirement specified in subparagraph
30.07(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 30.07(a), other than those specified in sections (A) and (B) of
subparagraph 30.07(a)(iii);
shall be paid, in respect of each week of benefits under the parental
allowance not received for the reason described in subparagraph 30.08(a)(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
30.07 for a combined period of no more than the number of weeks during which the
employee would have been eligible for parental, paternity or adoption benefits
under the Employment Insurance or the Québec Parental Insurance Plan, had the
employee not been disqualified from Employment Insurance or Québec Parental
Insurance Plan benefits for the reasons described in subparagraph 30.08(a)(i).
30.09 Both parties recognize the importance of access to
leave for the purpose of care and nurturing of pre-school age children.
30.10 An employee shall be granted leave without pay for the
personal care and nurturing of the employee's pre-school age children (including
children of common-law spouse) in accordance with the following conditions:
- 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 an urgent or unforeseeable circumstance such
notice cannot be given;
- leave granted under this Article shall be for a minimum period of three
(3) weeks;
- 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;
- leave granted for periods of one (1) year or less shall be scheduled in a
manner which ensures continued service delivery.
30.11 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.
**
With respect to a leave which total duration is shorter than one (1) year, an
employee who has proceeded on leave without pay may also change his or her
return to work date by giving a thirty (30)-day notice.
**
30.12 Leave without pay will be granted for personal needs
in the following manner:
- leave without pay for a period of up to three (3) months will be granted
to an employee for personal needs as long as the employee's request is submitted
forty-five (45) days in advance;
- leave without pay for more than three (3) months but not exceeding one
(1) year will be granted to an employee for personal needs as long as the
employee's request is submitted forty-five (45) days in advance. However, if the
leave requested is for a duration of six (6) months or more, the leave requests
must be submitted sixty (60) days in advance;
- a leave request for a period less than six (6) months can be denied if
there is no qualified employee available to replace the employee who is
requesting leave or if any additional overtime or relocation costs result by
reason of granting such leave;
- leave may be granted before the notice periods mentioned in this
paragraph expire;
- an employee is entitled to leave without pay for personal needs twice
under each of (a) and (b) of this clause during the employee's total period of
employment in the Public Service. Leave can only be granted for a second time
under each of (a) and (b) of this clause ten (10) years after the first leave
was granted. 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 without pay granted under (a) of this clause shall be counted for
the calculation of "continuous employment" for the purpose of
calculating severance pay and "service" for the purpose of calculating
vacation leave. Time spent on such leave shall not be counted for pay increment
purposes;
- leave without pay granted under (b) of this clause shall be deducted from
the calculation of "continuous employment" for the purpose of
calculating severance pay and "service" for the purpose of calculating
vacation leave for the employee involved. Time spent on such leave shall not be
counted for pay increment purposes.
30.13
- For the purpose of this Article, family is defined as spouse (or
common-law spouse resident with the employee), dependent children (including
children of legal or common-law spouse), foster children, parents (including
step-parents or foster parents), or any relative permanently residing in the
employee's household or with whom the employee permanently resides.
**
-
The total leave with pay which may be granted under this clause shall not
exceed forty (40) hours in a fiscal year.
**
-
Subject to clause 30.13(b), the Employer shall grant leave with pay under
the following circumstances:
- up to eight (8) hours to take a dependent 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;
- 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;
- to provide for the immediate and temporary care of an elderly member of
the employee's family;
- eight (8) hour's leave with pay for needs directly related to the birth
or to the adoption of the employee's child, which may be divided into two (2)
periods and granted on separate days.
**
-
Sixteen (16) hours out of the forty (40) hours stipulated in paragraph
(b) can be used for personal reasons.
30.14
- 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.
30.15 The Employer shall grant leave with pay to an employee
for the period of time he or she is required:
- to be available for jury selection;
- to serve on a jury;
- by subpoena or summons to attend as a witness in any proceeding held:
- in or under the authority of a court of justice or before a grand jury,
- 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.
30.16 An employee shall be granted injury-on-duty leave with
pay for such reasonable period as may be 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:
- personal injury accidentally received in the performance of his or her
duties and not caused by the employee's willful misconduct,
or
- 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.
**
30.17 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 his or her presence is so required.
30.18 At its discretion, the Employer may grant:
- 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;
- leave with or without pay for purposes other than those specified in this
collective agreement.
30.19 Both parties recognize the importance of access to
leave for the purpose of long-term care of a parent.
30.20 An employee shall be granted leave without pay for the
long-term personal care of the employee's parents, including step-parents or
foster parents, in accordance with the following conditions:
- 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 an urgent or unforeseeable circumstance such
notice cannot be given;
- leave granted under this Article shall be for a minimum period of three
(3) weeks;
- 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;
- leave granted for periods of one (1) year or less shall be scheduled in a
manner which ensures continued service delivery.
30.21 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.
**
With respect to a leave which total duration is shorter than one (1) year, an
employee who has proceeded on leave without pay may also change his or her
return to work date by giving a thirty (30)-day notice.