ARCHIVED - Translation (TR) 313
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17.01
- When
an employee becomes subject to this Agreement, his earned daily leave credits
shall be converted into hours. When an employee ceases to be subject to this
Agreement, his earned hourly leave credits shall be reconverted into days, with
one (1) day being equal to seven decimal five (7.5) hours.
- Earned
leave credits or other leave entitlements shall be equal to seven decimal five (7.5)
hours per day.
17.02
- Leave
is counted in hours, the number of hours debited for each day of leave being
equal to the number of hours of work scheduled for the employee for the day in
question.
- Notwithstanding
the above, in clause 21.02, Bereavement Leave, a "day" will mean a calendar
day.
17.03 When the employment of an
employee who has been granted more annual or sick leave with pay than he has
earned is terminated by death or by lay-off after two (2) or more complete
years of continuous employment, the employee is considered to have earned the
amount of leave with pay granted to him.
17.04 In the event of termination of
employment, the employer recovers from any monies owed to the employee an
amount equivalent to annual or sick leaves granted to the employee but not
earned by him.
17.05 An employee must be informed at least
once in each fiscal year of the balance of his annual and sick leave with pay
credits.
17.06 The amount of leave with pay credited
to an employee by the Employer at the time when this Agreement is signed, or at
the time when he becomes subject to this Agreement, shall be retained by the
employee.
17.07 Notwithstanding anything
contained in Article 18, Annual Leave, Article 19, Parliamentary and
Interpretation Leave, Article 20, Sick Leave, and Article 21, Other Leave, an
employee shall not be granted annual leave, sick leave, or other types of leave
with pay while he is on leave without pay or under suspension.
17.08 Except as otherwise indicated in this
agreement, when leave without pay of a duration exceeding three (3) months is
granted to an employee for reasons other than illness, the total duration of
the leave granted shall be deducted from the calculation of the employee's
period of continuous employment for the purpose of calculating severance pay
and of service for the purpose of calculating vacation leave. Time spent on
such leave shall not be counted for pay increment purposes.
18.01 Credits
- An employee who has earned at least
ten (10) days' pay for each calendar month of a fiscal year shall earn annual
leave at the following rates:
- nine decimal
three seven five (9.375) hours at the employee's straight-time hourly rate
until the month in which the anniversary of the employee's eighth (8th)
year of service occurs (fifteen (15) days per year);
- twelve
decimal five (12.5) hours at the employee's straight-time hourly rate
commencing with the month in which the anniversary of the employee's eighth (8th)
year of service occurs (twenty (20) days per year);
- thirteen decimal seven five (13.75) hours
at the employee's straight-time hourly rate commencing with the month in which
the anniversary of the employee's sixteenth (16th) year of service
occurs (twenty-two (22) days per year);
- fourteen decimal three seven five (14.375)
hours at the employee's straight-time hourly rate commencing with the month in
which the anniversary of the employee's seventeenth (17th) year of
service occurs (twenty-three (23) days per year);
- fifteen decimal six two five (15.625) hours
at the employee's straight-time hourly rate commencing with the month in which
the anniversary of the employee's eighteen (18th) year of service
occurs (twenty-five (25) days per year);
- sixteen decimal eight seven five (16.875)
hours at the employee's straight-time hourly rate commencing with the month in
which the anniversary of the employee's twenty-seventh (27th) year
of service occurs (twenty-seven (27) days per year);
- eighteen decimal seven five (18.75) hours
at the employee's straight-time hourly rate commencing with the month in which
the anniversary of the employee's twenty-eight (28th) year of
service occurs (thirty (30) days per year).
- For
the purpose of paragraph (a) only, all service within the Public Service,
whether continuous or discontinuous, shall count toward annual 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.
18.02 Granting of Annual Leave
- In
granting annual leave with pay to an employee the Employer shall, subject to
the operational requirements of the service, make every reasonable effort:
- to schedule the employee's annual leave
during the fiscal year in which it is earned if so requested by the employee
before May 1;
- to schedule the annual leave for at least
two (2) consecutive weeks, if so requested by the employee before May 1;
- to comply with any request made by an
employee before January 31 that he be permitted to use in the following fiscal
year any period of annual leave of four (4) days or more earned by him in the
current year;
- to schedule
annual leave when specified by the employee if the period of annual leave
requested is less than a week, and if the employee gives the Employer at least
two (2) days' advance notice for each day of annual leave requested.
- The
Employer may for good and sufficient reason grant annual leave on shorter
notice than that provided for in paragraph (a).
- During
his first six (6) months of continuous employment, an employee is only entitled
to annual leave with pay to the extent of his earned credits.
- An
employee with six (6) months of continuous employment may take in advance a
number of days of annual leave equal to the credits he is expected to earn
during the year in question.
**
- With
respect to employees to whom article 19 applies, the granting of annual leave
is subject to operational requirements and such leave must normally be taken
during periods of low demand in the fiscal year for which it is granted.
18.03 Displacement of Annual Leave
- If,
during any period of annual leave, an employee is granted bereavement leave or
leave with pay for illness in the immediate family, the period of annual leave
will be displaced.
- Sick
leave, on production of a medical certificate, can displace annual leave for
any period in excess of one (1) day of sickness per week of annual leave.
The period of annual leave displaced in accordance with
paragraphs (a) and (b) of this clause shall either be added to the annual leave
period if requested by the employee and approved by the Employer or reinstated
for use at a later date.
18.04 Carry-over, Exhaustion and Conversion of Annual Leave
- Employees
must normally take all of their annual leave during the fiscal year in which it
is earned.
- Where in any fiscal year, an employee
has not been granted all of the annual leave credited to him, the unused
portion of his annual leave shall be carried over into the following year,
except that the unused portion of annual leave in excess of thirty (30) days
shall be automatically converted into cash, by multiplying the number of days
to which the excess leave credits correspond by the daily rate of pay which
applied to the employee on the last day of the preceding fiscal year.
- Upon
written application by the employee and approval by the Employer, earned but
unused annual leave credits of less than thirty (30) days shall be converted to
cash. The amount shall be calculated by multiplying the number of days to which
the unused portion of annual leave credits correspond by the daily rate of pay
which applied to the employee on the last day of the preceding fiscal year.
18.05 Recall from Annual Leave
- Where
operational requirements permit, the Employer shall make every reasonable
effort not to recall an employee to duty after he has proceeded on annual
leave.
- Where,
during any period of annual leave, an employee is recalled to duty, he shall be
reimbursed for reasonable expenses, as normally defined by the Employer, that
he incurs:
- in proceeding to his place of duty,
and
- in returning to the place from which he
was recalled if he immediately resumes his annual leave upon completing the
assignment for which he was recalled,
after
submitting such accounts as are normally required by the Employer.
- The
employee shall not be considered as being on annual leave during any period in respect
of which he is entitled under paragraph (b) to be reimbursed for reasonable
expenses incurred by him.
18.06 Cancellation of
Annual Leave
When the Employer cancels or alters a period of annual
leave which it has previously approved in writing, the Employer shall reimburse
the employee for the non-returnable portion of vacation contracts and
reservations made by the employee in respect of that period, subject to the
presentation of such documentation as the Employer may require. The employee
must make every reasonable attempt to mitigate any losses incurred and will
provide proof of such action, when available, to the Employer.
18.07 Conversion of Annual Leave Credits to Cash when Employment Terminates
- Upon
termination of employment, the employee shall receive an amount equal to the
product obtained by multiplying the number of days of earned but unused annual
leave by the daily rate of pay which applied to the employee on the day on
which his employment was terminated. Where an employee dies, this amount will
be paid to his estate.
- Notwithstanding
paragraph (a), an employee whose employment is terminated by reason of a
declaration that he abandoned his position is entitled to receive the payment
referred to in paragraph (a) if he requests it within six (6) months following
the date upon which his employment is terminated.
- Notwithstanding paragraph (a), an employee who resigns to
accept an appointment with a separate Employer covered by Schedule V of the Financial Administration Act may choose
not to be paid for his earned but unused annual leave, provided that the
separate Employer agrees to accept such credits.
18.08 Advance Payments
- The
Employer agrees to issue, prior to departure, advance payments of estimated net
salary for authorized annual leave 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
annual leave period commences.
- Any
overpayment in respect of such pay advances shall be an immediate first charge
against any subsequent pay entitlements and shall be recovered in full prior to
any further payment of salary.
18.09 Complementary Leave Without Pay
- If
an employee has used all the annual, parliamentary and interpretation leave
credits to which he is entitled in the year, the Employer may at its discretion
grant the employee, during the current fiscal year, a maximum of ten (10) days
of complementary leave without pay, to be taken consecutively or otherwise.
- The
employee shall give two (2) days' advance notice for each day of complementary
leave without pay requested.
- The
Employer may for good and sufficient reason grant complementary leave without
pay on shorter notice than that provided for in paragraph (b).
- An
employee may not take complementary leave without pay during his first six (6)
months of continuous employment.
18.10
- The employee 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 18.01(b).
- Transitional
Provisions
- Effective
on June 29, 2006, the employee with more than two (2) years of service, as
defined in paragraph 18.01(b), 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 18.10(a) and (b) above shall be
excluded from the application of paragraph 18.04 dealing with the Carry-over
and/or Liquidation of Vacation Leave.
19.01 Parliamentary Leave and Interpretation Leave
-
- In addition to their annual leave,
employees assigned to parliamentary service and who are normally required to
perform work days of varying length with irregular hours shall receive special
compensation in the form of parliamentary leave prorated to the number of days
worked by the employee for the Employer during the fiscal year.
- Employees assigned to parliamentary
service and who normally translate documents other than the debates of the
House of Commons and of the Senate are subject to Article 19 on the same basis
as employees contemplated by sub-paragraph (i) regardless of the hours of work
set by the Employer.
- In addition
to their annual leave, interpreters assigned to the interpretation of
conferences in both official languages shall receive special compensation in
the form of interpretation leave prorated to the number of days worked by the
interpreter for the Employer during the fiscal year.
- Notwithstanding the provisions of
paragraph 19.01(a), an employee at the TR-1 level assigned to the parliamentary
service or to the interpretation of conferences in both official languages
within the context of an Employer's training program for parliamentary
translation or interpretation is only covered by this article during the second
(2nd) year of said program. During the first (1st) year
of the training program he is subject to those provisions of the agreement that
do not apply to employees covered by the present article.
- The maximum number of days of
parliamentary or interpretation leave is forty (40) per fiscal year, except in
the case of employees with more than twelve (12) years of employment in
parliamentary service or in interpretation in both (2) official languages, in
which case the maximum is fifty (50) days per fiscal year, and except in the
case of TR-1 employees mentioned in (iv) above, in which case the maximum is
twenty (20) days per fiscal year.
- An
employee is entitled to the maximum number of days of parliamentary or
interpretation leave if, during the fiscal year, he has worked a minimum number
of days obtained by subtracting from two hundred and sixty-one (261) days the
number of designated paid holidays, the number of annual and parliamentary or
interpretation leave credits carried over and the maximum number of annual and
parliamentary or interpretation leave credits for which the employee is
normally eligible for the current fiscal year.
- The
granting of parliamentary or interpretation leave is subject to operational
requirements and such leave must normally be taken during periods of low demand
in the fiscal year for which it is granted. If operational requirements do not
permit the Employer to grant parliamentary or interpretation leave during the
fiscal year, such leave must be granted before the end of the following fiscal
year.
- If an employee is granted parliamentary or interpretation
leave in advance and, at the end of the fiscal year, has been granted more
leave of this type than earned, the maximum number of days referred to in
paragraph (b) shall be reduced accordingly.
- Where
operational requirements permit, the Employer shall make every reasonable
effort to grant an employee entitled under this clause, once per fiscal year, a
period of eight (8) consecutive weeks of parliamentary or interpretation leave
or a combination of such leave and annual leave.
19.02 Call Back from Parliamentary Leave or Interpretation Leave
- Where
operational requirements permit, the Employer shall make every reasonable
effort not to call back an employee once he is on parliamentary leave or
interpretation leave.
- When an employee is called back to
work, during any period of his parliamentary or his interpretation leave, he
shall be reimbursed reasonable expenses, as usually defined by the Employer,
incurred by him:
- to go to his work location,
and
- to return to the point whence he was
called back if he resumes his leave immediately after performing the duties for
which he was called back, subject to submitting vouchers usually required by
the Employer.
- An
employee shall not be considered as being on parliamentary or interpretation
leave during any period entitling him, under the provisions of paragraph (b),
to the repayment of reasonable expenses incurred by him.
19.03 Meal at Debates
The Employer agrees to provide a meal to Debates employees
when the Senate and the House of Commons sit for a combined total of more than
thirteen (13) hours; if no meal is provided, the Employer shall pay employees a
meal allowance of $10.50.