ARCHIVED - Correctional Services (CX) 601 - Archived

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ARTICLE 31
SICK LEAVE WITH PAY

Credits

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31.01

1. An employee shall earn sick leave credits at the rate of ten (10) hours for each calendar month for which the employee receives pay for at least eighty (80) hours.
2. A shift worker shall earn additional sick leave credits at the rate of one decimal three three (1.33) hours for each calendar month during which he or she works shifts and he or she receives pay for at least eighty (80) hours. Such credits shall not be carried over in the next fiscal year and are available only if the employee has already used one hundred and twenty (120) hours of sick leave credits during the current fiscal year.

Granting of Sick Leave

31.02 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,<br />and
2. he or she has the necessary sick leave credits.

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31.03 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 31.02(a). However, the Employer may ask for a medical certificate from an employee, when the Employer has observed a pattern in the sick leave usage.

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31.04 When an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause 31.02, sick leave will be granted to the employee for a period of up to two hundred (200) hours, subject to the deduction of such advanced leave from any sick leave credits subsequently earned.

31.05 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.

31.06 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 layoff and who is reappointed in the Public Service within two (2) years from the date of layoff.

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31.07 The Employer agrees that an employee shall not be terminated for cause for reasons of incapacity pursuant to Section 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 clause 30.16.

ARTICLE 32
EDUCATION LEAVE WITHOUT PAYAND CAREER DEVELOPMENT LEAVE

Education Leave Without Pay

32.01 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.

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32.02 The employer may grant to an employee on education leave without pay under this article 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.

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32.03 The Employer may allow the allowances already being received by the employee to 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.

32.04 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.

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 lay-off, 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.

Career Development Leave With Pay

32.05

1. 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.
2. 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 sub-clause 32.05(a) above. The employee shall receive no compensation under Article 21, Overtime, and Article 27, Travelling Time, of this collective agreement during time spent on career development leave provided for in this clause.
3. Employees on career development leave shall be reimbursed for all reasonable travel and other expenses incurred by them which the Employer may deem appropriate.

Examination Leave With Pay

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32.06 The Employer will grant examination leave with pay to an employee for the time required to write an examination which takes place during the employee's scheduled hours of work provided the employee notifies the Employer seventy-two (72) hours in advance. Such leave will only be granted where, in the opinion of the Employer, the course of study is directly related to the employee's duties or will improve his or her qualifications.

ARTICLE 33
SEVERANCE PAY

33.01 Under the following circumstances and subject to clause 33.02, 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. Lay-off
   1. On the first (1^st) lay-off two (2) weeks' pay for the first (1^st) complete year of continuous employment and 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 or subsequent lay-off 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 sub-paragraph (a)(i).
2. Resignation
   On resignation, subject to paragraph 33.01(d) and with ten (10) or more years of continuous employment, one-half (1/2) week's pay for each complete year of continuous employment up to a maximum of twenty-six (26) years with a maximum benefit of thirteen (13) weeks' pay.
3. Rejection on Probation
   On rejection on probation, when an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of rejection during a probationary period, one (1) week's pay.
4. Retirement
   1. On retirement, when an employee is entitled to an immediate annuity under the Public Service Superannuation Act or when the employee is entitled to an immediate annual allowance, under the Public Service Superannuation Act,
      or
   2. a part-time employee, who regularly works more than thirteen and one-half (13 1/2) but less than thirty (30) hours a week, and who, if he or she were a contributor under the Public Service Superannuation Act, would be entitled to an immediate annuity thereunder, or who would have been entitled to an immediate annual allowance if he or she were a contributor under the Public Service Superannuation Act,
   a severance payment in respect of the employee's complete period of continuous employment, comprised of one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay.
5. Death
   If an employee dies, there shall be paid to the employee's estate a severance payment in respect of the employee's complete period of continuous employment, comprised of one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay, regardless of any other benefit payable.

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6. 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 theFinancial 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 reasonsof incompetence pursuant toSection 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.

33.02 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 33.01 be pyramided.

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33.03 Appointment to a separate employer organization.

Notwithstanding paragraph 33.01(b), an employee who resigns to accept an appointment with an organization listed Schedule V of the Public Service Labour Relations Act may choose not to be paid severance pay provided that the appointing organization will accept the employee's Schedules I and IV service for its severance pay entitlement.

ARTICLE 34
MODIFIED HOURS OF WORK

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The Employer and the Union agree that the following conditions shall apply to employees for whom modified hours of work schedules are agreed upon pursuant to the relevant provisions of this collective agreement. The agreement is modified by these provisions to the extent specified herein.

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1. General Terms

The scheduled hours of work of any day as set forth in a work schedule, may exceed or be less than the regular workday hours specified by this agreement; starting and finishing times of shifts, meal breaks and rest-breaks shall be established by agreement between the employer and the Union at the local level, and approved according to the attached letter of understanding. The daily hours of work are consecutive.

For shift workers, such schedules shall provide that an employee's normal work week shall average the weekly hours per week specified in this agreement over the life of the schedule.

Whenever an employee changes his or her modified hours or no longer works modified hours, all appropriate adjustments are made.

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2. Leave - General

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

All leave provisions which specify days in this collective agreement shall be converted to hours as follows:

	HOURS 8
- five-twelfths (5/12) day	3.334
- one-half (1/2) day	4
- five-sixths (5/6) days	6.667
- one (1) day	8
- one and one-quarter (1 1/4) days	10
- one and two-thirds (1 2/3) days	13.334
- one and five-sixths (1 5/6) days	14.667
- one and eleven-twelfths (1 11/12) days	15.334
- two and one-twelfth (2 1/12) days	16.667
- two and one-third (2 1/3) days	18.667
- two and one-half (2 1/2) days	20

3. Specific Application

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

Interpretation and Definitions

"Daily rate of pay" - shall not apply.

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Overtime

Overtime shall be compensated for all work performed on regular working days, or on days of rest at the rate set in Article 21 of the collective agreement.

Travel

Overtime compensation referred to in clause 27.04 of this agreement shall only be applicable on a normal day for hours in excess of the employee's daily scheduled hours of work.

Designated Paid Holidays

1. A designated paid holiday shall account for the normal daily hours specified by this agreement.
2. When an employee works on a Designated Paid Holiday, the employee shall be compensated, in addition to the normal daily hours of pay specified by this agreement, time and one-half (1 1/2) up to his or her regular scheduled hours worked and double (2) time for all hours worked in excess of his or her regular scheduled hours.

Vacation Leave

Employees shall earn vacation at the rates prescribed for their years of service as set forth in Article 29 of this agreement. Leave will be granted on an hourly basis and the hours debited for each day of vacation leave shall be the same as the employee would normally have been scheduled to work on that day.

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Employees scheduled to work any portion of a fiscal year under the modified hours of work provisions of this agreement shall not have fractional vacation entitlement of less or more than one-half (1/2) day increased to the nearest half day.

Sick Leave

Employees shall earn sick leave credits at the rate prescribed in Article 31 of this collective agreement. Leave will be granted on an hourly basis and the hours debited for each day of sick leave shall be the same as the employee would normally have been scheduled to work on that day.

Shift Premium

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Shift work employees on modified hour shift schedule will receive a shift premium in accordance with Clause 25.01.

Acting Pay

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The qualifying period for acting pay as specified in clause 49.07 shall be converted to hours.

Exchange of Shifts

On exchange of shifts between employees, if provided in this collective agreement, the Employer shall pay as if no exchange had occurred.

Minimum Number of Hours Between Shifts

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The provision in this collective agreement relating to the minimum period between the termination and commencement of the employee's next shift shall apply to an employee subject to modified hours of work.

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Breaks

Employees working twelve (12) hour shift schedules are permitted in addition to the lunch or meal break provided in paragraph 21.07, an additional fifteen (15) minute break.

ARTICLE 35
PART-TIME EMPLOYEES

Definition

35.01 Part-time employee means a person whose normal hours of work are less than those established in Article 21 of this agreement.

General

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

35.03 Part-time employees shall be paid at the straight-time rate of pay for all work performed up to the normal daily or weekly hours specified by this collective agreement for a full-time employee.

35.04 The days of rest provisions of this agreement apply only in a week when a part-time employee has worked five (5) days and the weekly hours specified by this collective agreement.

35.05 Leave will only be provided:

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

Designated Holidays

35.06 A part-time employee shall not be paid for the designated holidays but shall, instead, be paid four decimal two five (4.25) per cent for all straight-time hours worked.

35.07 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 26.01 of this agreement, 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 regular daily scheduled hours of work as specified by this agreement and double (2) time thereafter.

35.08 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 26.01 of this agreement, shall be paid for the time actually worked in accordance with clause 35.07, or a minimum of four (4) hours pay at the straight-time rate, whichever is greater.

Overtime

35.09 Overtime means authorized work performed in excess of the normal daily or weekly hours of work, specified by this collective agreement, of a full-time employee, but does not include time worked on a holiday.

35.10 Subject to 35.09 a part-time employee who is required to work overtime shall be paid overtime as specified by the this collective agreement.

Call-Back

35.11 When a part-time employee meets the requirements to receive call-back pay in accordance with 24.01 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.

Reporting Pay

35.12 Subject to clause 35.04, when a part-time employee meets the requirements to receive reporting pay on a day of rest, in accordance with clause 22.01 of this agreement, and is entitled to receive a 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 of pay.

Bereavement Leave

35.13 Notwithstanding clause 35.02, there shall be no prorating of a "day" in clause 30.02 - Bereavement Leave With Pay.

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Vacation Leave

35.14 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 work week, at the rate for years of service established in clause 29.02 of this agreement, prorated and calculated as follows:

1. when the entitlement is ten (10) hours a month, .250 multiplied by the hours in the employee's work week per month;
2. when the entitlement is thirteen decimal three three four (13.334) hours a month, .333 multiplied by the hours in the employee's work week per month;
3. when the entitlement is fourteen decimal six six seven (14.667) hours a month, .367 multiplied by the hours in the employee's work week per month;
4. when the entitlement is fifteen decimal three three four (15.334) hours a month, .383 multiplied by the hours in the employee's work week per month;
5. when the entitlement is sixteen decimal six six seven (16.667) hours a month, .417 multiplied by the hours in the employee's work week per month;
6. when the entitlement is eighteen decimal six six seven (18.667) hours a month, .46667 multiplied by the hours in the employee's work week per month;
7. when the entitlement is twenty (20) hours a month, .500 multiplied by the hours in the employee's work week per month;
8. however, a part-time employee who has received or is entitled to receive furlough leave shall have his or her vacation leave credits earned reduced by one-twelfth (1/12) of the hours in the part-time work week, beginning in the month in which the twentieth (20^th) anniversary of service occurs until the beginning of the month in which his or her twenty-fifth (25^th) anniversary of service occurs.

Sick Leave

35.15 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 work week 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 work week.

Vacation and Sick Leave Administration

35.16

1. For the purposes of administration of clauses 35.14 and 35.15, where an employee does not work the same number of hours each week, the normal work week 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.

Severance Pay

35.17 Notwithstanding the provisions of Article 33, 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.

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