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1.01 The purpose of this Agreement is to
maintain harmonious and mutually beneficial relationships between the Employer,
the employees and the Institute, to set forth certain terms and conditions of
employment relating to remuneration, hours of work, employee benefits and
general working conditions affecting employees covered by this Agreement.
1.02 The parties to this Agreement share a
desire to improve the quality of the Public Service of Canada, to maintain
professional standards and to promote the well-being and increased efficiency
of its employees to the end that the people of Canada will be well and
effectively served. Accordingly, they are determined to establish within the
framework provided by law, an effective working relationship at all levels of
the public service in which members of the bargaining units are employed.
2.01 For the purpose of this Agreement:
- "bargaining unit"
-
means the employees of the Employer in the group described in Article 25,
Recognition (« unité de négociation »);
- "common-law
partner"
- means a person living in a conjugal relationship with an
employee for a continuous period of at least one year (« conjoint de fait »);
- "compensatory leave"
- means
leave with pay in lieu of cash payment for overtime, work performed on a
designated holiday, travelling time compensated at overtime rate and call-back.
The duration of such leave will be equal to the time compensated or the minimum
time entitlement multiplied by the applicable overtime rate. The rate of pay to
which an employee is entitled during such leave shall be based on the employee's
hourly rate of pay as calculated from the classification prescribed in the
employee's certificate of appointment on the day immediately prior to the day
on which leave is taken (« congé
compensatoire »);
- "continuous
employment"
- has the same meaning as specified in the public
service Terms and Conditions of
Employment Regulations on the date of signing of this Agreement (« emploi
continu »);
- "daily rate of
pay"
- means an employee's weekly rate of pay divided by five (5) (« taux
de rémunération journalier »);
- "day of rest"
-
in relation to an employee means a day, other than a designated paid holiday,
on which that employee is not ordinarily required to perform the duties of his
position other than by reason of his being on leave (« jour de repos »);
- "designated paid
holiday"
- means the twenty-four (24) hour period commencing at 00:01 hour
of a day designated as a holiday in this Agreement (« jour férié désigné payé »);
- "double time"
-
means two (2) times the employee's hourly rate of pay (« tarif double »);
- "employee"
-
means a person so defined by the Public Service Labour Relations Act and who is a member of the bargaining unit (« employé
»);
- "Employer"
-
means Her Majesty in right of Canada as represented by the Treasury Board, and
includes any person authorized to exercise the authority of the Treasury Board
(« employeur »);
- "headquarters
area"
- has the same meaning as given to the expression in the Travel
Directive (« région du lieu d'affectation »);
**
- "hourly rate of
pay"
- means a full-time employee's weekly rate of pay divided by thirty-seven
decimal five (37.5) (« taux de rémunération horaire »);
- "Institute"
-
means the Professional Institute of the Public Service of Canada (« Institut »);
- "lay-off"
-
means the termination of an employee's employment because of lack of work or
because of the discontinuance of a function (« mise en disponibilité »);
- "leave"
-
means authorized absence from duty (« congé »);
- "membership
dues"
- means the dues established pursuant to the by-laws and
regulations of the Institute as the dues payable by its members as a
consequence of their membership in the Institute, and shall not include any
initiation fee, insurance premium, or special levy (« cotisations syndicales »);
- "overtime"
-
means work required by the Employer, to be performed by the employee in excess
of his daily hours of work (« heures supplémentaires »);
- "spouse"
- will, when required, be interpreted to include "common-law
partner" except, for the purposes of the Foreign Service Directives, the
definition of "spouse" will remain as specified in Directive 2 of the
Foreign Service Directives (époux);
- "straight-time
rate"
- means the employee hourly rate of pay (« tarif normal »);
- "time and one-half"
-
means one and one half (1 1/2) times the employee's hourly rate of pay (« tarif
et demi »);
- "weekly rate of
pay"
- means an employee's annual rate of pay divided by 52.176 (« taux
de rémunération hebdomadaire »);
2.02 Except as otherwise provided in this
Agreement, expressions used in this Agreement,
- if defined in the public service Labour Relations
Act, have the same meaning as given to them in the public service Labour Relations Act,
and
- if
defined in the Interpretation Act, but not defined in the public
service
Labour Relations Act, have the same meaning as given to them in the Interpretation Act.
3.01 Both the English and French texts of
this Agreement shall be official.
4.01 The provisions of this Agreement apply
to the Institute, employees and the Employer.
4.02 In this Agreement, words importing the
masculine gender shall include the feminine gender.
5.01 All the functions, rights, powers and
authority which the Employer has not specifically abridged, delegated or
modified by this Agreement are recognized by the Institute as being retained by
the Employer.
6.01 Nothing in this Agreement shall be
construed as an abridgement or restriction of an employee's constitutional
rights or of any right expressly conferred in an Act of the Parliament of
Canada.
Preamble
For the purpose of this article: "Publication"
shall include, for example, scientific and professional papers, articles,
manuscripts, monographs, audio and visual products and computer software.
7.01 The Employer agrees to continue the
present practice of ensuring that employees have ready access to all
publications considered necessary to their work by the Employer.
7.02 The Employer agrees that publications
prepared by an employee, within the scope of his employment, will be retained
on appropriate departmental files for the normal life of such files. The
Employer will not unreasonably withhold permission for publication. At the
Employer's discretion, recognition of authorship will be given where
practicable in departmental publications.
7.03 When an employee acts as a sole or
joint author or editor of a publication, the authorship or editorship shall
normally be acknowledged on such publication.
7.04
- The Employer may suggest revisions to a publication and may
withhold approval to publish.
- When
approval for publication is withheld, the author(s) shall be so informed in
writing of the reasons, if requested by the employee.
- Where
the Employer wishes to make changes in a publication with which the author does
not agree, the employee shall not be credited publicly if the employee so
requests.
8.01
For the purpose of this article, a week shall consist of
seven (7) consecutive days beginning at 00:01 hours Monday and ending at 24:00 hours
Sunday. The day is a twenty-four (24) hour period commencing at 00:01 hours.
Clauses 8.02 to 8.07 do not apply to NU employees on shift work
8.02
Hours of work - General
- This paragraph does not apply to the DE, MD and NU groups.
- The
scheduled work week shall be thirty-seven decimal five (37.5) hours and the
scheduled work day shall be seven decimal five (7.5) consecutive hours,
exclusive of a meal period, between the hours of 7:00 a.m. and 6:00 p.m. The
normal work week shall be Monday to Friday inclusive.
- Subparagraphs (i) to (v) apply to the NU Group only.
- For employees engaged in non-shift work,
the normal work week shall be thirty-seven decimal five (37.5) hours and the
normal work day shall be seven decimal five (7.5) consecutive hours, exclusive
of a meal period, between the hours of 7 a.m. and 6 p.m.
- When normal hours, other than those
provided in subparagraph 8.02(b)(i), are in existence when this Agreement is
signed, the Employer, on request, will consult with the Institute on such hours
of work and in such consultation establish that such hours are required to meet
the needs of the public and/or the efficient operation of the service. Where
normal hours are to be changed so that they are different from those specified
in paragraph 8.02(b), the Employer, except in cases of emergency, will consult
in advance with the Institute on such hours of work and, in such consultation,
will establish that such hours are required to meet the needs of the public
and/or the efficient operation of the Service.
- It is understood that consultation may be
held at the local level and will be referred to the appropriate Employer and
Institute levels before implementation.
- Within five (5) days of notification of
consultation served by either party, the Institute shall notify the Employer in
writing of the representative authorized to act on behalf of the Institute for
consultation purposes.
- When operational requirements
permit, an employee shall not be scheduled to work in excess of fifty-two
decimal five (52.5) hours without at least two (2) consecutive days of rest.
- Subparagraphs (i) to (iii) apply to the DE and MD groups
only.
- The normal hours of work shall average
thirty-seven decimal five (37.5) hours per week over each four-week (4) period.
Subject to the approval of the Employer, the hours of work shall be arranged to
suit an employee's individual duties.
- A reconciliation of hours of work will be
made by the employee and the immediate supervisor for each four-week (4)
period. In computing the hours of work within the period, vacation and other
leaves of absence will account for seven decimal five (7.5) hours per day.
- Where operational requirements permit,
the normal work week shall be Monday through Friday.
- This
paragraph only applies to ND-DITs in hospitals.
- The work week of Dieticians, in the ND Group, employed in
hospitals may be varied to accommodate local operational requirements provided
that such variations are not contrary to the provisions of clause 8.04.
8.03 Flexible hours
This clause does not apply to employees in the MD and DE
groups.
Upon the request of an employee and the concurrence of the
Employer, an employee may work flexible hours on a daily basis so long as the
daily hours amount to seven decimal five (7.5).
8.04 Days of Rest
An employee shall be granted two (2) consecutive days of
rest during each seven (7) day period unless operational requirements do not so
permit.
8.05 Monthly Attendance Registers
Employees will submit monthly attendance registers; only
those hours of overtime and absences need be specified.
8.06 Compressed Work Week
Notwithstanding the provisions of this article, upon request
of an employee and the concurrence of the Employer, an employee may complete
his weekly hours of employment in a period of other than five (5) full days
provided that over a period of twenty-one (21) or a period of twenty-eight (28)
calendar days the employee works an average of thirty-seven decimal five (37.5)
hours per week. As part of the provisions of this clause, attendance reporting
shall be mutually agreed between the employee and the Employer. In every twenty-one
(21) day period or in every twenty-eight (28) day period such an employee shall
be granted days of rest on such days as are not scheduled as a normal work day
for him.
Notwithstanding anything to the contrary contained in this
Agreement, the implementation of any variation in hours shall not result in any
additional overtime work or additional payment by reason only of such
variation, nor shall it be deemed to prohibit the right of the Employer to
schedule any hours of work permitted by the terms of this Agreement.
Implementation of this clause is subject to Article 46,
Variations in Hours of Work.
8.07 When operational requirements permit, two (2)
rest periods of fifteen (15) minutes each shall be provided during each normal
work day.
Clauses 8.08 to 8.25 apply only to NU employees on shift work
8.08 Shift Work - Definitions
- "shift schedule" means the arrangement of shifts over a given period
of time and includes days of rest and designated paid holidays;
- "shift work" means rotation through two (2) or more periods of eight (8)
hours or longer where operational requirements necessitate sixteen (16) or
twenty-four (24) hours coverage each day or where the requirements of the
position would normally necessitate rotation but the employee, with the
approval of the Employer, works on permanent evening or night duty.
8.09 Scheduled Work Week and Scheduled Work Day
Hours of work shall be scheduled so that employees, over a
minimum period of four (4) weeks work:
-
- an average of thirty-seven decimal five
(37.5) hours per week,
and
- an average of five (5) days per week;
- seven decimal five (7.5) hours per day;
- the
commencement and/or end of each shift may be varied by fifteen (15) minutes to
provide for the continuity of care and/or an appropriate length of the meal
period;
- the daily hours of work shall be consecutive and exclusive
of meal periods;
-
-
notwithstanding subparagraph 8.09(a)(ii)
and paragraph 8.09(b), upon the request of a three-quarter majority of the
employees affected and with the concurrence of the Employer, hours of work may
be modified provided no shift exceeds twelve (12) hours or is less than seven
decimal five (7.5) hours;
- implementation of subparagraph 8.09(e)(i)
is subject to Article 46, Variations in Hours of Work.
8.10
- When
operational requirements permit, an employee shall receive four (4) days' rest
in every two (2) week period and scheduled so that two (2) consecutive days of
rest are received at a time. Upon request of an employee and with the
concurrence of the Employer, the employee's days of rest may be split.
- Employees
shall receive one (1) out of two (2) weekends (Saturday and Sunday) off duty,
except:
- when other scheduling is authorized by
mutual agreement,
- in Correctional Service Canada, wherever
possible, employees shall receive one (1) out of two (2) weekends off duty.
However, employees shall be granted one (1) out of three (3) weekends off duty.
- An
employee may meet with local management to offer scheduling suggestions to
provide the maximum number of weekends off duty.
8.11 Where an
employee's scheduled shift does not commence and end on the same day, such
shift shall be considered for all purposes to have been entirely worked:
- on
the day it commenced where half (1/2) or more of the hours worked fall on that
day,
or
- on
the day it terminates where more than half (1/2) of the hours worked fall on
that day.
Accordingly, the first (1st) day of rest will be
considered to start immediately after midnight of the calendar day on which the
employee worked or is considered to have worked his last scheduled shift; and
the second (2nd) day of rest will start immediately after midnight
of the employee's first (1st) day of rest, or immediately after
midnight of an intervening designated paid holiday if days of rest are
separated thereby.
8.12 The standard shift cycle will be scheduled as follows:
12 midnight |
to |
8 a.m. |
8 a.m. |
to |
4 p.m. |
4 p.m. |
to |
12 midnight |
or |
|
|
11:30 p.m. |
to |
7:30 a.m. |
7:30 a.m. |
to |
3:30 p.m. |
3:30 p.m. |
to |
11:30 p.m. |
or |
|
|
11:00 p.m. |
to |
7:00 a.m. |
7:00 a.m. |
to |
3:00 p.m. |
3:00 p.m. |
to |
11:00 p.m. |
8.13
- Where
standard shift cycles are to be changed so that they are different from those
specified in clause 8.12, the Employer, except in cases of emergency, will
consult in advance with the Institute on the timing of such cycles and in such
consultation establish that such cycles are required to meet the needs of the
public and/or the efficient operation of the service.
- It
is understood that consultation may be held at the local level and will be
referred to the appropriate Employer/Institute levels before implementation.
- It
is understood by the parties that the provisions of clause 8.12 will not be
applicable in respect of employees whose work week is less than thirty-seven
decimal five (37.5) hours per week.
8.14 Scheduling of Shifts
The Employer shall set up a shift schedule which shall cover
a minimum period of four (4) weeks, posted two (2) weeks in advance, which will
cover the normal requirements of the work area.
8.15
- The
staffing, preparation, posting and administration of shift schedules are the
responsibility of the Employer.
- When
a change in the shift schedule is required, the Employer shall make every
reasonable effort to notify employees on leave before they return to work.
8.16 Provided
sufficient advance notice is given and with the approval of the Employer,
employees may exchange shifts if there is no increase in cost to the Employer.
8.17 Every reasonable effort shall be made
by the Employer to consider the wishes of the majority of employees concerned
in the arrangements of shifts within a shift schedule. Consideration shall be
given to an employee's request for permanent evening or night duty.
8.18 An employee who normally rotates shifts
shall be scheduled to work the majority of shifts on day duty whenever
possible. For purposes of verification, a period of twelve (12) complete weeks
commencing with the start of a shift schedule will be used or such longer
period as may be mutually agreeable with the staff concerned.
8.19 There shall be a time period of at
least fifteen (15) hours elapsing between changes to scheduled shifts, except
in cases of emergency. Upon request of an employee, and with the concurrence of
the Employer, the time period elapsing between changes to scheduled shifts may
be shorter than fifteen (15) hours.
8.20
- An
employee who is required to change his scheduled shift without receiving at
least seventy-two (72) hours' notice in advance of the starting time of such
change in the scheduled shift, shall be paid for the first (1st) shift
worked on the revised schedule at the rate of time and one-half (1 1/2).
Subsequent shifts worked on the revised schedule shall be paid for at the
hourly rate of pay.
- In
addition, where an employee reports for work without notice of a change in his
shift schedule, the employee shall receive four (4) hours' pay at straight-time,
should his service not be required.
- When
a change in the shift schedule is required, the Employer shall make every
reasonable effort to personally notify employees on leave before they return to
work.
8.21 Notwithstanding anything to the
contrary contained in this Agreement, the implementation of any variation in
hours (subparagraph 8.09(e)(i)) shall not result in any additional overtime
work or additional payment by reason only of such variation, nor shall it be deemed
to prohibit the right of the Employer to schedule any hours of work permitted
by the terms of this Agreement.
8.22 Within five (5) days of notification of
consultation served by either party, the Institute shall notify the Employer in
writing of the representative authorized to act on behalf of the Institute for
consultation purposes.
8.23 Where operational requirements permit
the meal period will be as close to the middle of the shift as possible and
will be taken at a location other than the place of duty.
8.24 When operational requirements permit,
two (2) rest periods of fifteen (15) minutes each shall be provided during each
normal work day.
8.25 When operational requirements permit,
an employee shall not be scheduled to work in excess of fifty-two decimal five
(52.5) hours without at least two (2) consecutive days of rest. Upon request of
an employee and with the concurrence of the Employer, the employee's days of
rest may be split.
9.01 When an employee is required by the
Employer to work overtime the employee shall be compensated as follows:
Paragraphs 9.01(a) and 9.01(b) do not apply to the MD and DE Groups
-
- time and one-half (1 1/2), except as
provided for in subparagraph 9.01(a)(ii);
- double (2) time for all hours of overtime
worked in excess of seven decimal five (7.5) consecutive hours of overtime in
any contiguous period, and for all hours worked on the second (2nd)
or subsequent day of rest. Second or subsequent day of rest means the second (2nd)
or subsequent day in an unbroken series of consecutive and contiguous calendar
days of rest;
- on a holiday, the employee shall be paid, in addition to the
pay that he would have been granted had he not worked on the holiday:
- one and one-half (1 1/2) times his hourly
rate of pay for the first (1st) seven decimal five (7.5) hours worked;
and
- two (2) times his hourly rate of pay for
hours worked in excess of seven decimal five (7.5) hours;
- when an employee works on a holiday
following a day of rest on which the employee also worked and received overtime
in accordance with subparagraph 9.01(a)(ii), the employee shall be paid, in
addition to the pay that he would have been granted had he not worked on the
holiday, two (2) times his hourly rate of pay for all time worked.
- This paragraph applies to the MD and
DE Groups only.
- When an employee is required by the
Employer to work overtime, the employee shall be compensated at the rate of one
and one-half (1 1/2) times the employee's hourly rate of pay for each hour worked
in excess of the normal hours of work for each four-week (4) period.
9.02 All calculations for overtime shall be
based on each completed period of fifteen (15) minutes.
9.03 Except in cases of emergency, call-back,
stand-by or mutual agreement the Employer shall whenever possible give at least
twelve (12) hours' notice of any requirement for the performance of overtime.
9.04
Upon application by the employee and at the discretion of the Employer,
compensation earned under this article may be taken in the form of compensatory
leave, which will be calculated at the applicable premium rate laid down in
this article. Compensatory leave earned in a fiscal year and outstanding on 30 September
of the next following fiscal year shall be paid at the employee's daily rate
of pay on 30 September.
9.05 When a payment is being made as a
result of the application of this article, the Employer will endeavour to make
such payment within six (6) weeks following the end of the pay period for which
the employee requests payment, or, if payment is required to liquidate
compensatory leave outstanding at the expiry of the fiscal year, the Employer
will endeavour to make such payment within six (6) weeks of the commencement of
the first (1st) pay period after 30 September of the next following
fiscal year.
9.06
- An
employee who works three (3) or more hours of overtime immediately before or
immediately following his scheduled hours of work shall be reimbursed for one
meal in the amount of ten dollars fifty ($10.50), except where free meals are
provided. Reasonable time with pay to be determined by the Employer shall be
allowed the employee in order to take a meal either at or adjacent to his place
of work.
- When an employee works
overtime continuously extending four (4) hours or more beyond the period
provided in (a) above, the employee shall be reimbursed for one additional meal
in the amount of ten dollars fifty ($10.50) except where free meals are
provided. Reasonable time with pay, to be determined by the Employer, shall be
allowed the employee in order that he may take a meal break either at or
adjacent to his place of work.
- Paragraphs
9.06(a) and (b) shall not apply to an employee who is in travel status which
entitles the employee to claim expenses for lodging and/or meals.
9.07
**
- Subject
to operational requirements of the service and except in case of emergency, the
Employer shall make every reasonable effort to avoid excessive overtime and to
allocate overtime work on an equitable basis among readily available employees
who are deemed qualified by the Employer.
- Provided
provisions of paragraph 9.07(a) are met, the Employer endeavours to allocate
overtime first to those employees who have indicated a willingness to work
overtime.
10.01 When an employee is called back to
work or when an employee who is on stand-by duty is called back to work by the
Employer any time outside his normal working hours the employee shall be
entitled to the greater of:
- a
minimum of three (3) hours' pay at the applicable overtime,
or
- compensation
at the applicable overtime rate for each hour worked.
10.02 This clause
applies to the NU Group only
With respect to employees of Health Canada in the NU
Group at Nursing Stations, Health Centres and Health Stations, when there is no
on-duty supervision, call-back calculated in accordance with 10.01 will be paid
once in each 3-hour (3) period.
10.03 Upon application by the employee and
at the discretion of the Employer, compensation earned under this article may
be taken in the form of compensatory leave, which will be calculated at the
applicable premium rate laid down in this article. Compensatory leave earned in
a fiscal year and outstanding on 30 September of the next following fiscal year
shall be paid at the employee's daily rate of pay on 30 September.
10.04 When a payment is being made as a
result of the application of this article, the Employer will endeavour to make
such payment within six (6) weeks following the end of the pay period for which
the employee requests payment, or, if payment is required to liquidate
compensatory leave outstanding at the expiry of the fiscal year, the Employer
will endeavour to make such payment within six (6) weeks of the commencement of
the first (1st) pay period after 30 September of the next following
fiscal year.
Clause 10.05 applies to the DE and MD Groups only
10.05 When an employee is called back to
work without prior notice at any time outside his normal hours of work, for
work not contiguous to his normal hours of work, the employee shall be entitled
to the greater of:
- Credit
for all hours worked for the purpose of:
- subparagraph
8.02(c)(i),
or
- paragraph
9.01(c) if the hours worked are in excess of the normal hours of work for the
applicable four (4) week period,
or
- A
minimum:
- credit
of four (4) hours of work for the purpose of subparagraph 8.02(c)(i),
or
- four (4) hours pay at the employee's
hourly rate of pay if the hours worked are in excess of the normal hours of
work for the applicable four (4) week period,
except that either minimum shall
only apply once during a single period of eight (8) hours.
11.01 When the Employer requires an employee
to be available on standby during off-duty hours an employee shall be
compensated at the rate of one-half (1/2) hour for each four (4) hour period or
portion thereof for which the employee has been designated as being on standby
duty.
11.02 An employee on standby who is called
in to work by the Employer and who reports for work shall be compensated in
accordance with those clauses of Article 10, Call-Back, which are applicable to
him.
11.03 An employee required to be on standby
duty shall be available during his period of standby at a known
telecommunication number and be able to return for duty as quickly as possible
if called.
11.04 No standby duty payment shall be
granted if any employee is unable to report for duty when required.
12.01 Subject to clause 12.02, the following
days shall be designated paid holidays for employees:
- New
Year's Day,
- Good
Friday,
- Easter
Monday,
- the
day fixed by proclamation of the Governor in Council for celebration of the
Sovereign's birthday,
- Canada
Day,
- Labour
Day,
- the
day fixed by proclamation of the Governor in Council as a general day of
Thanksgiving,
- Remembrance
Day,
- Christmas
Day,
- Boxing
Day,
- one
additional day in each year that, in the opinion of the Employer, is recognized
to be a provincial or civic holiday in the area in which the employee is
employed or in any area where, in the opinion of the Employer, no such day is
recognized as a provincial or civic holiday, the first (1st) Monday
in August,
and
- one
additional day when proclaimed by an Act of Parliament as a National Holiday.
12.02 An employee absent without pay on both
his full working day immediately preceding and his full working day immediately
following a designated paid holiday, is not entitled to pay for the holiday,
except in the case of an employee who is granted leave without pay under the
provisions of Article 30, Leave for Labour Relations Matters.
12.03 Designated Paid Holiday Falling on a Day of Rest
When a day designated as a paid holiday under clause 12.01
coincides with an employee's day of rest, the holiday shall be moved to the
employee's first (1st) normal working day following his day of rest.
12.04 When a day designated as a paid
holiday for an employee is moved to another day under the provisions of clause 12.03:
- work
performed by an employee on the day from which the holiday was moved shall be
considered as work performed on a day of rest,
and
- work
performed by an employee on the day to which the holiday was moved, shall be
considered as work performed on a holiday.
12.05 Compensation for Work on a Designated Paid Holiday
Paragraph 12.05(a) does not apply to the NU group
- Compensation
for work on a designated paid holiday will be in accordance with Article 9,
Overtime.
Paragraphs 12.05(b) and 12.05(c) apply only to the NU Group
- Entitlement
- On a
designated paid holiday, an employee shall be entitled, in addition to the pay
he would have been granted had he not worked on the holiday:
-
- one and one-half
(1 1/2) times his hourly rate of pay for the first (1st) seven decimal five (7.5) hours
worked;
and
- two (2) times
his hourly rate of pay for hours worked in excess of seven decimal five (7.5)
hours;
or
- when an employee works on a holiday
following a day of rest on which the employee also worked and received overtime
in accordance with subparagraph 9.01(a)(ii), two (2) times his hourly rate of
pay for all time worked.
- Compensation
- The
entitlement earned according to 12.05(b) shall be compensated:
-
-
in cash;
or
- upon request
and with the approval of the Employer, in the form of compensatory leave with
pay. Compensatory leave earned in a fiscal year and outstanding on 30 September
of the next following fiscal year shall be paid at the employee's daily rate of
pay on 30 September;
or
- upon request
and with the approval of the Employer, a combination of cash and a lieu day, as
follows:
-
leave with pay
(straight-time rate of pay) to be taken at a later date comprising;
a day (7.5 hours)
in lieu of the holiday;
- plus, if the
employee's normal scheduled daily hours are greater than seven decimal five
(7.5) hours, the number of hours equal to the difference between the employee's
normal scheduled daily hours and seven decimal five (7.5) hours;
and
- payment in
cash for the entitlement not already compensated under 12.05(c)(i)(C)(I).
- Subject to operational requirements and
adequate advance notice, the Employer shall grant leave with pay mentioned in
12.05(c)(i)(C) at such times as the employee may request.
- When in a fiscal year an employee has not
been granted all of his leave with pay mentioned in 12.05(c)(i)(C) as requested
by him such leave shall be carried over for one (1) year at the employee's
request.
- In the absence of such request, unused
leave with pay shall be paid off at the employee's straight-time rate of pay in
effect when the leave with pay was earned.
12.06 Designated Paid Holiday Coinciding with a Day of Paid Leave
Where a day that is a designated paid holiday for an
employee coincides with a day of leave with pay or is moved as a result of the
application of clause 12.03, the designated paid holiday shall not count as a
day of leave.
12.07 Subject to operational requirements,
when an employee works both Christmas Day and Boxing Day of the same year, the
Employer will endeavour not to schedule the employee for the same days in the
following year, provided there is no additional cost to the Employer and unless
otherwise requested by the employee.