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11.01 The Employer agrees that accredited
union representatives may be granted access to the Employer's premises upon
request and following the consent of the Employer. Such request shall be made
in writing to the local officer-in-charge where time permits and orally in
other cases.
11.02 Such consent shall not be
unreasonably withheld.
12.01 The Employer will, as a condition of
employment, deduct an amount equal to the membership dues from the monthly pay
of all employees in the bargaining unit.
12.02
- The
Local shall inform the Employer in writing of the authorized monthly deduction
to be checked off for each employee defined in clause 12.01.
- Any
adjustment to an individual's dues deduction, other than as provided in 12.07,
or a general dues adjustment, shall be made annually within sixty (60) days
after the receipt by the Union of the "all employee list" as provided
in clause 13.01.
12.03 For the purpose of applying clause 12.01,
deductions from pay for each employee in respect of each month will start with
the first (1st) full month of employment to the extent that earnings are
available.
**
12.04 An employee who satisfies the Local
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 registered pursuant to the Income Tax Act, 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 Local
will inform the Employer accordingly.
12.05 No employee organization, as defined
in section 2 of the Public Service Labour
Relations Act, other than the Local, shall be permitted to have membership
dues and/or other monies deducted by the Employer from the pay of employees in
the bargaining unit.
12.06 The amounts deducted in accordance
with clause 12.01 shall be remitted to the Financial Secretary of the Union by
cheque within a reasonable period of time after deductions are made and shall
be accompanied by particulars identifying each employee and the deductions made
on his/her behalf.
12.07 The Employer agrees to continue the
past practice of making deductions for group life insurance on the basis of the
production of appropriate documentation. The Employer will not be liable for
informing employees when their Group Life coverage is affected because of lack
of sufficient earnings to cover deductions or because of transfers between bargaining
units.
Should there evolve a requirement for deductions other than
above, the parties agree to discuss the matter and where the need is mutually
recognized endeavour to implement the necessary change.
12.08 The Local 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.
13.01 The Employer will provide the Union
with an updated "all employee list" twice (2X) a year to reflect
January and July conditions as soon as practicable after January and July. The
list will contain the name, level and, to the extent possible, the location of
each employee in the Electronics group. The Employer will also provide the
Union on a semi-annual basis in April and October, a list of new employees and
their level assigned to the Electronics group and a list of employees who have
left the group.
13.02 The Employer agrees to make available
to each employee a copy of the collective agreement and Letters of Intent for
his/her retention.
13.03 An employee, upon written request,
shall be entitled to a copy of his or her job description, the level of the
position and the point rating allotted by factor.
14.01 The Employer may permit the Local to
use the Employer's premises outside the working hours of the employees for
conducting meetings of their members, where refusal to grant permission would
make it difficult for the Local to convene a meeting. The Local shall insure
the orderly and proper conduct of its members who attend such meetings and
agrees to be responsible for leaving facilities in good order after use.
14.02 The Employer may provide a private
area, if and where available, for the Local's shop steward to be able to
conduct his or her duties as a local representative.
14.03 Bulletin Boards
Reasonable space on bulletin boards will be made available
to the Local for the posting of official Local notices. Such boards will be
placed in convenient locations as determined by the Employer. Notices or other
material shall require the prior approval of the Employer, except notices of
meetings to their members and elections, of the meetings of Local
representatives, or social and recreational affairs.
15.01 Public Service Labour Relations Board Hearings
- Complaints Made to
the Public Service Labour Relations Board Pursuant to subsection 190(1) of the Public Service Labour Relations Act (PSLRA)
Where
operational requirements permit, in cases of complaints made to the Public Service Labour Relations
Board pursuant to subsection 190(1) of the
PSLRA alleging a breach of section 157, paragraphs 186(1)(a), 186(1)(b),
subparagraph 186(2)(a)(i), paragraph 186(2)(b), section 187, paragraph 188(a)
or subsection 189(1), of the PSLRA, the Employer will grant leave with pay:
- to an employee who makes a complaint on
his/her own behalf,
and
- to an employee who acts on behalf of an
employee making a complaint, or who acts on behalf of the Local making a
complaint.
- Applications for
Certification, Representations and Interventions With Respect to Applications
for Certification
Where
operational requirements permit, the Employer will grant leave without pay:
- to an employee who represents the Local in
an application for certification or in an intervention,
and
- to an employee who makes personal
representations in opposition to a certification.
- Employee Called as a
Witness
The Employer will grant:
- leave with pay to an employee called as a
witness by the Public Service Labour Relations Board,
and
- where operational requirements permit,
leave with pay to an employee called as a witness by an employee or the Local.
15.02 Arbitration Board and Public Interest Commission
- Where
operational requirements permit, the Employer will grant leave with pay to an
employee representing the Local before an Arbitration Board or Public Interest
Commission.
- Employee Called as a
Witness
The
Employer will grant leave with pay to an employee called as a witness by an
Arbitration Board or Public Interest Commission and, where operational
requirements permit, leave with pay to an employee called as a witness by the
Local.
15.03 Adjudication
- Employee Who is a
Party
Where
operational requirements permit, the Employer will grant to an employee who is
a party, leave with pay.
- Employee
Who Acts as Representative
Where
operational requirements permit, the Employer will grant leave with pay to the
representative of an employee who is a party.
- Employee
Called as a Witness
Where
operational requirements permit, the Employer will grant leave with pay to a
witness called by an employee who is a party.
15.04 Contract Negotiations Meetings
Where operational requirements permit, the Employer will
grant leave without pay to an employee for the purpose of attending contract
negotiations meetings on behalf of the Local.
15.05 Preparatory Contract Negotiations Meetings
Where operational requirements permit, the Employer will
grant leave without pay to a reasonable number of employees to attend
preparatory contract negotiations meetings.
15.06 Meetings Between Employee Organizations and Management
Where operational requirements permit, the Employer will
grant time off with pay to a reasonable number of employees who are meeting
with management on behalf of the Local.
15.07 Employee Organization Executive Board Meetings, Congress Conventions
and National Union Committees
Where operational requirements permit, the Employer will
grant leave without pay to a reasonable number of employees to attend Executive
Board meetings, Labour conventions and National Union Committees.
15.08 Stewards' Training Courses
Where operational requirements permit, the Employer will
grant leave without pay to employees who are officers or who exercise the
authority of a steward on behalf of the Local to undertake training related to
such duties.
15.09 Leave Status
Where the status of leave requested cannot be determined
until the Public Service Labour Relations Board or an Adjudicator has given a
decision, leave without pay will be granted pending final determination of the appropriate
leave status.
16.01 When operational requirements permit,
the Employer will grant leave of absence without pay to an employee elected to
a full-time office of the Local. The duration of such leave shall be for the period
the employee holds such office.
16.02 When operational requirements permit,
the Employer will grant leave of absence without pay to an employee appointed
to a position within the Local and who serves at the pleasure of an elected
Officer of the Local.
16.03 All leave granted under this article
shall be deducted from the calculation of "continuous employment" for
the purpose of calculating severance pay for the employee involved.
17.01
The vacation year extends from April 1 to March 31 coinciding with the fiscal
year.
17.02 Accumulation of Vacation Leave
Effective Date of Signing
An
employee who has earned at least ten (10) days' pay for each calendar month of
a fiscal year shall earn vacation leave of:
- fifteen (15) working days per fiscal
year for an employee who has completed up to eight (8) years of service;
- twenty (20) working days per fiscal year
if he or she has completed eight (8) years of service;
- twenty-two (22) working days per fiscal
year if he or she has completed sixteen (16) years of service;
- twenty-three (23) working days per
fiscal year if he or she has completed seventeen (17) years of service;
- twenty-five (25) working days per fiscal
year if he or she has completed eighteen (18) years of service except that an
employee who has received or is entitled to receive furlough leave shall
accumulate twenty (20) working days only per fiscal year in his/her twenty-first
(21st), twenty-second (22nd), twenty-third (23rd), twenty-fourth (24th) and
twenty-fifth (25th) year of service;
- twenty-seven (27) working days per
fiscal year if he or she has completed twenty-seven (27) years of service;
- thirty (30) working days per fiscal year
if he or she has completed twenty-eight (28) years of service;
- vacation leave provided under 17.02(a),
(b), (c), (d), (e), (f), and (g) above, which is in excess of fifteen (15),
twenty (20), twenty-two (22), twenty-three (23), twenty-five (25), or twenty-seven
(27) days per fiscal year respectively shall be granted on a pro rata basis
during the fiscal year in which the employee completes the required years of
service;
-
- for
the purpose of clause 17.02 only, all service within the public service,
whether continuous or discontinuous, shall count toward vacation leave except
where a person who, on leaving the public service, takes or has taken severance
pay. However, the above exception shall not apply to an employee who receives
severance pay on lay-off and is reappointed to the public service within one (1)
year following the date of lay-off.
- Notwithstanding
(i) above, an employee who was a member of the bargaining unit on December 20,
1989, or an employee who became a member of the bargaining unit between
December 20, 1989 and June 30, 1991, shall retain, for the purpose of "service"
and of establishing his or her vacation entitlement pursuant to this article,
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.
17.03
An employee who has not earned at least ten (10) days' pay for each calendar
month of a fiscal year will earn vacation leave at one-twelfth (1/12) of the
rate referred to in clause 17.02 for each calendar month for which he or she
receives at least ten (10) days' pay. No employee shall as a result of transfer
or temporary assignment into the bargaining unit earn a double entitlement for
annual leave in the same month.
17.04
An employee is entitled to vacation leave with pay to the extent of his or her
earned credits but an employee who has completed six (6) months of continuous
employment may receive an advance of credits equivalent to the anticipated
credits for the vacation year.
17.05
At the beginning of each fiscal year an employee will be credited with his/her
entitled vacation leave in anticipation of his/her working and/or receiving pay
for the following twelve (12) months.
17.06
To ensure that all concerned have information on vacation planning for the
upcoming fiscal year, representatives of the Local shall be given the
opportunity to consult with the Employer no later than April 1st. During such
consultation the proposed vacation schedule for the upcoming year may be
reviewed in light of previous experience. Further consultation in respect of
leave planning may be scheduled as the need arises.
17.07
An employee's vacation shall normally be taken in the fiscal year in which he
or she becomes eligible for it. The Employer shall, subject to the operational
requirements of the service, make every reasonable effort:
- to schedule an employee's vacation leave
for at least two (2) consecutive weeks, if so requested by the employee not
later than May 1st;
- to give next priority to periods of
vacation for which a request is made by employees prior to June 1st;
- subject to (a) and (b) above, to
schedule an employee's vacation leave at a time acceptable to him or her;
- after October 1st and after consultation
with the employee, and with a minimum of fourteen (14) day's advance notice, to
assign him or her available vacation periods if the Employer has been unable to
schedule vacation during the periods preferred by the employee or if the
employee has not filed with the Employer his or her vacation preference by
October 1st;
- to permit an employee to use at an
agreed time in the following vacation year, any unused vacation credits earned
by him or her in the current vacation year, provided that the employee has
filed by October 1st a request in writing which includes his/her reason(s) for
such request. Approval of such requests will be limited to exceptional
circumstances which would require a vacation period of longer consecutive
duration than that to which the employee would be entitled in the following
vacation year, and which can be accommodated having regard to the projected
vacation entitlements of others for the time requested. However, if the
circumstances warrant, consideration will be given to requests which, while not
entailing a longer consecutive duration, do entail a longer period of vacation
than the employee would otherwise have available in that year;
- to comply with an employee's request
that he or she be permitted to take vacation leave of five (5) or more days in
accordance with the shift schedule so as to provide for the employee's normal
days of rest immediately preceding and following the period of vacation leave.
17.08 Carry-Over and/or Liquidation of
Vacation Leave
- 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 thirty-five (35)
days' credits shall be carried over into the following vacation year. All
vacation leave credits in excess of thirty-five (35) days shall be
automatically paid in cash 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.
-
- Notwithstanding
sub-clause (a), if on the date of signing of this Agreement or on the date an
employee becomes subject to this Agreement, he or she has more than thirty-five
(35) days of unused vacation leave credits earned during previous years, this
number of unused vacation leave credits shall become the employee's accumulated
leave maximum.
- Unused
vacation leave credits equivalent to the employee's accumulated leave maximum
shall be carried over into the following vacation year.
- Unused
vacation leave credits in excess of the employee's accumulated leave maximum
shall be automatically paid in cash 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.
- The employee's
accumulated leave maximum shall be reduced irrevocably by the number of
vacation leave credits liquidated in excess of the employee's annual vacation
leave entitlement during the vacation year.
- Notwithstanding (b)(iii), where the
Employer cancels a period of vacation leave which has been previously approved
in writing, and which cannot be rescheduled before the end of the vacation
year, the cancelled leave may be carried over into the next vacation year.
- Upon application by the employee and
with the approval of the Employer earned but unused vacation leave credits
carried forward from previous fiscal years shall be compensated at the employee's
daily rate of pay as calculated from the classification prescribed in the
employee's certificate of appointment of his or her substantive position on
March 31st.
17.09
When a day that is a designated holiday for an employee falls within a period
of vacation leave with pay, the holiday shall not count as a day of vacation
leave.
17.10
Where, in respect of any period of vacation leave, an employee is granted sick
leave with pay, on production of a medical certificate, the sick leave granted
shall be substituted for vacation leave.
17.11
Where in respect of any period of vacation leave or a combination of vacation
leave and lieu days, circumstances arise which necessitate examination leave in
accordance with clause 21.07, the leave taken shall be substituted for vacation
leave and/or lieu days.
17.12
An employee shall not be required to return to duty during any period of
vacation leave.
When,
during any period of vacation leave, an employee is requested to return to duty
and reports as requested he or she shall be reimbursed for reasonable expenses,
as normally defined by the Employer, that he or she incurs:
- in proceeding to his or her place of
duty,
and
- in returning to the place from which he
or she was recalled if he or she immediately resumes vacation upon completing
the assignment for which he or she was recalled,
after
submitting such accounts as are normally required by the Employer.
The
employee shall not be considered as being on vacation leave during any period
in respect of which he or she is entitled to be reimbursed for reasonable
expenses incurred by him or her by virtue of this clause.
17.13 Cancellation of Vacation
When
an employee's approved vacation leave is cancelled before he or she is due to
commence such vacation leave, the employee will be reimbursed reasonable
expenses incurred due to cancellation.
The
employee will make every reasonable attempt to mitigate any losses incurred and
will provide proof of such action to the Employer.
17.14
When an employee dies or otherwise ceases to be employed after a period of
continuous employment of not more than six (6) months, he or she or his or her
estate shall, in lieu of earned vacation leave, be paid an amount equal to four
per cent (4%) of the total of the pay and compensation for overtime received by
the employee during his/her period of employment.
17.15
Subject to clause 17.16, when an employee dies or otherwise ceases to be
employed, after a period of continuous employment of more than six (6) months,
the employee or his or her estate shall, in lieu of earned but unused vacation
or furlough leave, be paid an amount equal to the product obtained by
multiplying the number of days of earned but unused vacation or furlough leave
by the daily rate of pay applicable to the employee immediately prior to the
termination of his/her employment.
17.16
An employee whose employment is terminated by reason of a declaration that
he/she abandoned his or her position is not entitled to receive the payment
referred to in clause 17.15 unless he or she requests it within six (6) months
following the date upon which his or her employment is terminated.
17.17
When the employment of an employee who has been granted more vacation leave
with pay than he or she has earned is terminated by death, the employee is
considered to have earned the amount of leave with pay granted to him/her.
17.18 When the employment
of an employee who has been granted more vacation leave with pay than he or she
has earned is terminated by lay-off, the employee is considered to have earned
the amount of leave with pay granted to him or her if at the time of his or her
lay-off, the employee has completed two (2) or more years of continuous
employment.
17.19
An employee is entitled, once in each fiscal year, to be informed, upon
request, of the balance of his or her vacation leave with pay credits. In
addition, as soon as possible after the end of fiscal year, an employee shall
be informed in writing of the balance of his or her vacation leave with pay
credits as of March 31st.
17.20
The amount of vacation leave with pay already credited to an employee by the
Employer at the time this Agreement is signed shall be retained by the
employee.
The
amount of vacation leave with pay credited to a person by the Employer at the
time that person joins the bargaining unit after the effective date of this
Agreement shall be retained by that person.
17.21
An employee who, on the day that this Agreement is signed, is entitled to
receive furlough leave, that is to say, five (5) weeks' leave with pay upon
completing twenty (20) years of continuous employment, retains his or her
entitlement to furlough leave subject to the conditions respecting the granting
of such leave that are in force on the day that this Agreement is signed.
17.22
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.
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
departure. Any overpayments in respect of such pay advances shall be an
immediate first (1st) charge against any subsequent pay entitlements and shall
be recovered in full prior to any further payment of salary.
17.23
Notwithstanding clauses 17.14 and 17.15, 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 and
furlough leave credits, provided that the appointing organization will accept
such credits.
17.24
- Employees shall be credited a one-time entitlement of
thirty-seven decimal five (37.5) hours of vacation leave with pay on the first (1st)
day of the month following the employee's second (2nd) anniversary of service,
as defined in paragraph 17.02(i).
- Transitional Provisions
Effective on October 6, 2005, employees with
more than two (2) years of service, as defined in paragraph 17.02(i), shall be
credited a one-time entitlement of thirty-seven decimal five (37.5) hours of
vacation leave with pay.
- The vacation leave credits provided in
paragraphs 17.24(a) and (b) above shall be excluded from the application of clause
17.08 dealing with the carry-over and/or liquidation of vacation leave.
18.01
- In respect of any request for leave under this article, the employee may be
required by the Employer to provide satisfactory validation of the
circumstances necessitating such requests.
- A statement, written on or accompanying the leave form signed by the employee
describing the reason for the leave shall normally satisfy the requirements of
paragraph 18.01(a).
18.02 Bereavement Leave
With Pay
For the purpose of this clause, immediate
family is defined as father, mother, (or alternatively stepfather, stepmother,
foster parent or former guardian of the employee), brother, sister, spouse,
child, stepchild or ward of the employee, father-in-law, mother-in-law, step-brother,
step-sister, grandparent, grandchild or a relative permanently residing in the
employee's household or with whom the employee permanently resides.
- When a member of his/her immediate family dies, and the employee attends the
funeral, the employee shall be entitled to bereavement leave with pay for a
period of up to five (5) consecutive calendar days and the period of such leave
shall encompass the day of the funeral. In addition, when necessary, the
employee may be granted for the purpose of related travel up to three (3)
calendar days' leave with no reduction in his/her weekly rate of pay.
- An employee is entitled to bereavement leave with pay for up to one (1) day to
attend the funeral of his/her son-in-law, daughter-in-law, brother-in-law,
sister-in-law, or in the event of the death of any member of the immediate
family in paragraph (a) above when the employee is not attending the funeral.
- 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 paragraphs 18.02(a) and (b).
- Where in respect of any period of vacation leave or a combination of vacation
leave and lieu days, circumstances arise which necessitate bereavement leave in
accordance with clause 18.02, the leave taken shall be substituted for vacation
leave and/or lieu days.
18.03 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 19, Sick Leave. For purposes of this subparagraph, the terms "illness"
or "injury" used in Article 19, 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.
18.04 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 Act
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 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 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 18.04(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 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 Quebec
Parental Insurance Act.
- 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 upward 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.
18.05 Special Maternity Allowance for Totally Disabled Employees
- An employee who:
- fails to satisfy the eligibility requirement
specified in subparagraph 18.04(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 18.04(a), other than those specified in sections
(A) and (B) of subparagraph 18.04(a)(iii);
shall
be paid, in respect of each week of maternity allowance not received for the
reason described in subparagraph 18.05(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 18.04
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 18.05(a)(i).
18.06 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.
18.07 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 18.04(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 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 18.07(c)(i) 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 may be required to repay pursuant to the Employment Insurance Act
or the Quebec Parental
Insurance Act.
- 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 upward 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 shared 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.
18.08 Special Parental Allowance for Totally Disabled Employees
- An employee who:
- fails to satisfy the eligibility
requirement specified in subparagraph 18.07(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 18.07(a), other than those specified in
sections (A) and (B) of subparagraph 18.07(a)(iii);
shall
be paid, in respect of each week of benefits under the
parental allowance not received for the reason described in subparagraph 18.08(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 18.07
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 18.08(a)(i).
**
18.09
Leave Without Pay for the Care of Immediate Family
- Both parties recognize the importance of access to leave for the purpose of
care for the immediate family.
- For the purpose of clause 18.09, family is defined as
spouse, common-law partner resident with the employee, children (including
foster children or children of spouse 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.
- Subject to paragraph 18.09(b), an employee shall be granted leave without pay
for the Care of Immediate Family 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 urgent or
unforeseeable circumstances, such notice cannot be given;
- leave granted for a period of one (1) year
or less shall be scheduled in a manner which ensures continued service
delivery;
- notwithstanding
(i) and (ii) above, subject to operational requirements, an employee may be
granted leave for a period of less than four (4) months which encompasses all
or part of the period extending from July 1st to August 31st. In such cases, an
employee shall notify the Employer in writing as far in advance as possible,
but not less than eight (8) weeks in advance of the commencement date of such
leave;
- leave granted under this clause 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.
- 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.
- 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
under the terms of previous Electronics Group collective agreements or other
agreements will not count towards the calculation of the maximum amount of time
allowed for Care of Immediate Family during an employee's total period of
employment in the public service.
- Transitional Provision
This
transitional provision is applicable to employees who have been granted and
have proceeded on leave on or after the date of signature of this Agreement.
-
An employee who becomes a member of the
bargaining unit on or after the date of signature of this Agreement and who is
on Leave Without Pay for the Long-Term Care of a Parent or on Leave Without Pay
for the Care and Nurturing of Pre-School Age Children under the terms of
another agreement, continues on that leave for the approved duration or until
the employee's return to work, if the employee returns to work before the end
of the approved leave.
18.10
Leave Without Pay for Family-Related Needs
Leave without pay will be granted for family-related
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 family-related 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 family-related
needs;
- an employee is entitled to leave without pay for family-related needs only once
under each of paragraphs (a) and (b) of this clause during his or her 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.
18.11
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.
18.12
Leave With Pay for Family-Related Responsibilities
- For the purpose of this clause, family is defined as spouse (or common-law
spouse resident with the employee), children (including children of legal or
common-law spouse), 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 Employer shall grant leave with pay under the following
circumstances:
-
- up to one-half (1/2) day for a medical or dental appointment when the family
member is incapable of attending the appointment by himself or herself, or for
appointments with appropriate authorities in schools or adoption agencies;
- up to one (1) day for a medical or dental appointment when the family member is
incapable of attending the appointment by himself or herself, and when the
required treatment is not available locally and additional travel time is
needed;
- an employee requesting leave under this provision must notify his or her
supervisor 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 alternative 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;
- two (2) day's leave with pay for needs
directly related to the birth or to the adoption of the employee's child. This
leave may be divided into two (2) periods and granted on separate days;
- The total leave with pay which may be granted under subparagraphs (b)(i), (ii),
(iii) and (iv) shall not exceed thirty-seven decimal five (37.5) hours in a
fiscal year.
18.13
Court Leave With Pay
Leave with pay shall be granted to every
employee, other than an employee already on leave without pay, on education
leave, or under suspension who 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 except one to
which an employee is a party, 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 his or her 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.
- If, during the performance of his or her normal duties, an incident arises
which results in a court action requiring the employee's attendance in court
either as a plaintiff or defendant, the employee will be granted the necessary
leave with pay to attend court.
18.14
Personnel Selection Leave With Pay
Where an employee participates in a
personnel selection process, including appeal process, for a position in the
public service, as defined in the Public
Service Labour Relations Act, the employee is entitled to leave of absence
with pay for the period during which the employee's presence is required for
purposes of the selection process, including appeal 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. This clause
applies equally in respect of the personnel selection process related to
deployment.
18.15
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 Workmen's Compensation Board that the
employee is unable to perform his or her duties because of:
- personal injury accidentally received in the performance of his or her duties
and not caused by the employee's wilful misconduct,
- sickness resulting from the nature of his or her employment,
or
- exposure to hazardous conditions in the course of his or her employment,
if the employee agrees to pay to the
Receiver General of Canada any amount received by him or her for loss of wages
in settlement of any claim the employee may have in respect of such injury,
sickness or exposure.
18.16
Personal Leave Without Pay
Reasons for requesting leave without pay for
personal reasons of up to
three (3) days will not be required of the employee unless the number of
requests is excessive or the granting of such leave would interfere with urgent
work commitments. Permission to take such leave will not be unreasonably
withheld.
18.17 Personal Leave
with Pay
- 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, a single period of
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.
18.18
Volunteer Leave with Pay
- 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, a single period of
seven decimal five (7.5) hours of leave with pay to work as a volunteer for a
charitable or community organization or activity, other than for activities
related to the Government of Canada Workplace Charitable Campaign.
- The leave shall 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.
18.19
Leave With or Without Pay for Other Reasons
- At its discretion, the Employer may grant leave with pay for purposes other
than those specified in this Agreement including civil defence exercises and
emergencies affecting the community or place of work.
- At its discretion, the Employer may
grant leave without pay for purposes other than those specified in this
Agreement including upgrading of formal educational qualifications, enrolment
in the Canadian Armed Forces, and election to a full-time municipal office.
- Leave with pay may be granted an employee when circumstances not directly
attributable to the employee prevent him or her reporting to work, from a
location that may be considered a normal residential location for a person
working at the employee's worksite (typical of that in which other public
service employees working at the same worksite reside), or remaining on duty.
Such leave shall not be unreasonably denied.
18.20 Except as otherwise
specified in this Collective Agreement, periods of leave without pay in excess
of three (3) months for reasons other than illness shall not be counted as "continuous
employment" for the purpose of calculating severance pay nor as service
for the purpose of calculating vacation leave. Time spent on such leave shall
not be counted for pay increment purposes.
19.01 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 he or she receives pay for at least seventy-five (75)
hours.
19.02 An employee is eligible for sick
leave with pay when he or she is unable to perform his or her duties because of
illness or injury provided that:
- he
or she has the necessary sick leave credits,
and
- he
or she satisfies the Employer of this condition in such manner and at such time
as may be determined by the Employer.
19.03 An employee is not eligible for sick
leave with pay during any period in which he/she is on leave of absence without
pay or under suspension.
19.04 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 19.02(b).
19.05 Where an employee has insufficient or
no credits to cover the granting of sick leave with pay under the provisions of
clause 19.02, sick leave with pay may, at the discretion of the Employer, be
granted:
- for
a period of up to one hundred and eighty-seven decimal five (187.5) hours if
the employee is awaiting a decision on an application for injury-on-duty leave,
or
- for
a period of up to one hundred and twelve decimal five (112.5) hours if the
employee has not submitted an application for injury-on-duty leave,
subject to the deduction of such advanced leave from any
sick leave credits subsequently earned.
19.06
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.
19.07 The Employer agrees that an employee
recommended for termination from employment under subparagraph 12(1)(e) of the Financial Administration Act for incapacity
by reason of ill-health shall not be released at a date earlier than the date
at which the employee could have utilized his/her accumulated sick leave
credits.
19.08 When the employment of an employee
who has been granted more sick leave with pay than he or she has earned is
terminated by death, the employee is considered to have earned the amount of
leave with pay granted to him or her.
19.09 When the employment of an employee
who has been granted more sick leave with pay than he or she has earned is
terminated by lay-off, the employee is considered to have earned the amount of
leave with pay granted to him or her if at the time of his or her lay-off, he
or she has completed two (2) or more years of continuous employment.
19.10 In the event of termination of
employment for reasons other than death or lay-off, recovery will be made of
any advance of sick leave from monies owed the employee.
19.11 An employee is entitled, twice (2X) in
each fiscal year, to be informed, upon request, of the balance of his or her
credits for sick leave with pay. In addition, as soon as possible after the end
of each fiscal year, an employee shall be informed in writing of the balance of
his or her sick leave with pay credits as of March 31st.
19.12 The amount of sick leave with pay
already credited to an employee by the Employer at the time this Agreement is
signed shall be retained by the employee.
The amount of sick leave with pay credited to a person by
the Employer at the time that person joins the bargaining unit after the
effective date of this Agreement shall be retained by that person.
20.01 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 after December 6, 1978, will form part of this
Collective Agreement, subject to the Public
Service Labour Relations Act (PSLRA) and any legislation by Parliament that
has been or may be, as the case may be, established pursuant to any Act
specified in subsection 113(b) of the PSLRA.
20.02 NJC items which may be included in a
collective agreement are those items which the parties to the NJC agreements
have designated as such or upon which the Chairman of the Public Service Labour
Relations Board has made a ruling pursuant to subsection (c) of the NJC
Memorandum of Understanding which become effective December 6, 1978.
20.03 The following directives,
policies or regulations, as amended from time to time by National Joint Council
recommendation and which have been approved by the Treasury Board of Canada,
form part of this Collective 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
- Memorandum of
Understanding on Definition of Spouse
- Motor
Vehicle Operations Directive
- NJC Relocation Directive
- Occupational
Health and Safety Directive
- Pesticides
Directive
- Public
Service Health Care Plan Directive
- Travel
Directive
- Uniforms Directive
- Work
Force Adjustment Directive
During the term of this Collective Agreement, other
directives, policies or regulations may be added to the above-noted list.
Grievances in regard to the above directives, policies or
regulations shall be filed in accordance with clause 39.02.