ARCHIVED - Translation (TR) 313
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20.01 Credits
- An
employee shall earn sick leave credits at the rate of one and one-quarter (1 1/4)
days for each calendar month for which he receives pay for at least ten (10)
days.
- An
employee working shifts shall earn additional sick leave credits at the rate of
one-sixth (1/6) of a day for each calendar month during which he works shifts
and receives pay for at least ten (10) days. Such credits shall not be carried
over in the next fiscal year and are available only if the employee has already
used fifteen (15) sick leave credits during the current fiscal year.
20.02 Granting of Sick Leave
- An
employee shall be granted sick leave with pay when he is unable to perform his
duties because of illness or injury provided that:
- he satisfies the Employer of this condition
in such a manner and at such a time as may be determined by the Employer,
and
- he has the necessary sick leave credits.
- Unless
the employee is otherwise informed by the Employer, a statement signed by him
stating that because of this illness or injury he was unable to perform his
duties shall, when delivered to the Employer, be considered as meeting the
requirements of sub-paragraph (i).
- An
employee shall not be granted sick leave with pay during any period in which he
is on leave without pay, or under suspension.
20.03 Advance of Credits
- When an employee has insufficient or no credits to cover the
granting of sick leave with pay under the provisions of clause 20.02, advanced
sick leave with pay may, at the discretion of the Employer, be granted to an
employee to cover one or several periods of sick leave for a total overdraft of
twenty-five (25) days, subject to the deduction of such advanced leave from any
sick leave credits subsequently earned.
- 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, and the number of days of injury-on-duty leave granted is
added back to his sick leave credits.
20.04 Reinstatement of Credits
Sick
leave credits earned but unused by an employee who was terminated by reason of
layoff shall be restored if the employee is reappointed in the Public Service
within two (2) years from the date of layoff.
21.01 General
In respect of any requests for leave under this Article, the
employee, when required by the Employer, must provide satisfactory validation
of the circumstances necessitating such requests.
21.02 Bereavement Leave
For the purposes of this clause, "immediate family"
is defined as any relative permanently residing in the employee's household or
with whom the employee permanently resides, and the employee's father, mother
(or alternatively stepfather, stepmother, or foster parent), brother, sister,
spouse, (including common-law partner resident with the employee), child,
(including child of common-law partner), stepchild or ward of the employee,
grandchild, grandparent, father-in-law and mother-in-law.
**
- When
a member of his immediate family dies, an employee shall be granted bereavement
leave for a single period of a maximum of five (5) consecutive calendar days.
Such bereavement period, as determined by the employee, must include the day of
the memorial commemorating the deceased or must begin within two (2) days
following the death. During such period he shall be paid for those days which
are not regularly scheduled days of rest for that employee. In addition, the
employee may be granted up to three (3) days' leave with pay for the purpose of
travel related to the death.
- An
employee is entitled to one (1) day's bereavement leave with pay for the
purpose related to the death of his son-in-law, daughter-in-law, brother-in-law
or sister-in-law.
- If,
during a period of sick leave, vacation leave, parliamentary leave,
interpretation leave or compensatory leave, an employee is bereaved in
circumstances under which he would have been eligible for bereavement leave
with pay under paragraphs (a) and (b), the employee shall be granted
bereavement leave with pay and his paid leave credits shall be restored to the
extent of any concurrent bereavement leave with pay granted.
- It
is recognized by the parties that the circumstances which call for leave in
respect of bereavement are based on individual circumstances. On request, the
Deputy Head of a department may, after considering the particular circumstances
involved, grant leave with pay for a period greater or in a manner other than
that provided for in paragraphs 21.02(a) and (b).
21.03 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 20 Sick Leave. For purposes of this subparagraph, the terms "illness"
or "injury" used in Article 20 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.
21.04 Maternity Allowance
- An employee who has been granted maternity leave without pay
shall be paid a maternity allowance in accordance with the terms of the
Supplemental Unemployment Benefit (SUB) Plan described in paragraph (c) to (i),
provided that she:
- has completed six (6) months of continuous
employment before the commencement of her maternity leave without pay,
- provides the Employer with proof that she
has applied for and is in receipt of maternity benefits under the Employment
Insurance or the Québec Parental Insurance Plan in respect of insurable
employment with the Employer,
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,
and
- for each week that the employee receives a
maternity benefit under the Employment Insurance or the Québec Parental
Insurance Plan, she is eligible to receive the difference between ninety-three
per cent (93%) of her weekly rate of pay and the maternity benefit, less any
other monies earned during this period which may result in a decrease in her
maternity benefit to which she would have been eligible if no extra monies had
been earned during this period.
- At the employee's request, the payment referred to in
subparagraph 21.04(c)(i) will be estimated and advanced to the employee.
Adjustments will be made once the employee provides proof of receipt of
Employment Insurance or Québec Parental Insurance Plan maternity benefits.
- The maternity allowance to which an employee is entitled is limited to that
provided in paragraph (c) and an employee will not be reimbursed for any amount
that she may be required to repay pursuant to the Employment Insurance Act or
the Parental Insurance Act in Québec.
- The weekly rate of pay referred to in paragraph (c) shall be:
- for a full-time employee, the employee's
weekly rate of pay on the day immediately preceding the commencement of
maternity leave without pay,
- for an employee who has been employed on a
part-time or on a combined full-time and part-time basis during the six (6)
month period preceding the commencement of maternity leave, the rate obtained
by multiplying the weekly rate of pay in subparagraph (i) by the fraction
obtained by dividing the employee's straight time earnings by the straight time
earnings the employee would have earned working full-time during such period.
- The weekly rate of pay referred to in paragraph (f) shall be the rate to which
the employee is entitled for her substantive level to which she is appointed.
- Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the
day immediately preceding the commencement of maternity leave without pay an
employee has been on an acting assignment for at least four (4) months, the
weekly rate shall be the rate she was being paid on that day.
- Where an employee becomes eligible for a pay increment or pay revision while in
receipt of the maternity allowance, the allowance shall be adjusted
accordingly.
- Maternity allowance payments made under the SUB Plan will neither reduce nor
increase an employee's deferred remuneration or severance pay.
21.05 Special Maternity Allowance for Totally
Disabled Employees
- An employee who:
- fails
to satisfy the eligibility requirement specified in subparagraph 21.04(a)(ii)
solely because a concurrent entitlement to benefits under the Disability
Insurance (DI) Plan, the Long-Term Disability (LTD) Insurance portion of the
Public Service Management Insurance Plan (PSMIP) or the Government Employees Compensation Act prevents her from receiving
Employment Insurance or Québec Parental Insurance Plan maternity benefits;
and
- has
satisfied all of the other eligibility criteria specified in subparagraph 21.04(a),
other than those specified in sections (A) and (B) of subparagraph 21.04(a)(iii);
shall
be paid, in respect of each week of maternity allowance not received for the
reason described in subparagraph (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 21.04 for a combined period of no more than
the number of weeks during which she would have been eligible for maternity
benefits under the Employment Insurance or the Québec Parental Insurance Plan
had she not been disqualified from Employment Insurance or Québec Parental
Insurance Plan maternity benefits for the reasons described in subparagraph (a)(i).
21.06 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 option of the employees,
the parental leave can be taken in two (2) periods of consecutive weeks, to a
maximum of thirty-seven (37) weeks.
- 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.
21.07 Parental Allowance
- An employee who has been granted parental leave without pay, shall be paid a
parental allowance in accordance with the terms of the Supplemental
Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing
he or she:
- has completed six (6) months of continuous
employment before the commencement of parental leave without pay,
- provides
the Employer with proof that he or she has applied for and is in receipt of
parental, paternity or adoption benefits under the Employment Insurance or the
Québec Parental Insurance Plan in respect of insurable employment with the
Employer,
and
- has signed an agreement with the Employer
stating that:
- the employee will return to work on the expiry
date of his/her parental leave without pay, unless the return to work date is
modified by the approval of another form of leave;
- following his or her return to work, as
described in section (A), the employee will work for a period equal to the period
the employee was in receipt of the parental allowance, in addition to the
period of time referred to in section 21.04(a)(iii)(B), if applicable;
- should he or she fail to return to work
in accordance with section (A) or should he or she return to work but fail to
work the total period specified in section (B), for reasons other than death,
lay-off, early termination due to lack of work or discontinuance of a function
of a specified period of employment that would have been sufficient to meet the
obligations specified in section (B), or having become disabled as defined in
the Public Service Superannuation Act,
he or she will be indebted to the Employer for an amount determined as follows:
however, an employee whose specified period of
employment expired and who is rehired in any portion of the Core Public
Administration as specified in the Public Service Labour Relations Act
within a period of ninety (90) days or less is not indebted for the amount if
his or her new period of employment is sufficient to meet the obligations
specified in section (B).
- For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay
shall count as time worked. Periods of leave without pay during the employee's
return to work will not be counted as time worked but shall interrupt the
period referred to in section (a)(iii)(B), without activating the recovery
provisions described in section (a)(iii)(C).
- Parental Allowance payments made in accordance with the SUB Plan will consist
of the following:
- where an employee is subject to a waiting
period of two (2) weeks before receiving Employment Insurance parental benefits,
ninety-three per cent (93%) of his/her weekly rate of pay for each week of the
waiting period, less any other monies earned during this period;
- for each week the employee receives
parental, adoption or paternity benefits under the Employment Insurance or the
Québec Parental Insurance Plan, he or she is eligible to receive the difference
between ninety-three per cent (93%) of his or her weekly rate of pay and the
parental, adoption or paternity benefit, less any other monies earned during
this period which may result in a decrease in his/her parental, adoption or
paternity benefit to which he or she would have been eligible if no extra
monies had been earned during this period;
- where an employee has received the full
eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of
parental benefit under the Québec Parental Insurance Plan and thereafter
remains on parental leave without pay, she is eligible to receive a further
parental allowance for a period of two (2) weeks, ninety-three per cent (93%)
of her weekly rate of pay for each week, less any other monies earned during
this period.
- At the employee's request, the payment referred to in subparagraph 21.07(c)(i)
will be estimated and advanced to the employee. Adjustments will be made once
the employee provides proof of receipt of Employment Insurance or Québec
Parental Insurance Plan parental benefits.
- The parental allowance to which an employee is entitled is limited to that
provided in paragraph (c) and an employee will not be reimbursed for any amount
that he or she is required to repay pursuant to the Employment Insurance Act
or the Parental Insurance Act in Québec.
- The weekly rate of pay referred to in paragraph (c) shall be:
- for a full-time employee, the employee's
weekly rate of pay on the day immediately preceding the commencement of
maternity or parental leave without pay;
- for an employee who has been employed on a
part-time or on a combined full-time and part-time basis during the six (6)
month period preceding the commencement of maternity or parental leave without
pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i)
by the fraction obtained by dividing the employee's straight time earnings by
the straight time earnings the employee would have earned working full-time
during such period.
- The weekly rate of pay referred to in paragraph (f) shall be the rate to which
the employee is entitled for the substantive level to which she or he is
appointed.
- Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the
day immediately preceding the commencement of parental leave without pay an
employee is performing an acting assignment for at least four (4) months, the
weekly rate shall be the rate the employee was being paid on that day.
- Where an employee becomes eligible for a pay increment or pay revision while in
receipt of parental allowance, the allowance shall be adjusted accordingly.
- Parental allowance payments made under the SUB Plan will neither reduce nor
increase an employee's deferred remuneration or severance pay.
- The maximum combined maternity and parental allowances payable under this
collective agreement shall not exceed fifty-two (52) weeks for each combined
maternity and parental leave without pay.
21.08 Special Parental Allowance for Totally Disabled Employees
-
An employee who:
- fails
to satisfy the eligibility requirement specified in subparagraph 21.07(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 subparagraph 21.07(a), other than those specified in
sections (A) and (B) of subparagraph 21.07(a)(iii);
shall
be paid, in respect of each week of benefits under the parental allowance not
received for the reason described in subparagraph (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 21.07 for a combined period of no more than
the number of weeks during which the employee would have been eligible for
parental, paternity or adoption benefits under the Employment Insurance or the
Québec Parental Insurance Plan, had the employee not been disqualified from
Employment Insurance or Québec Parental Insurance Plan benefits for the reasons
described in subparagraph (a)(i).
21.09 Leave Without Pay for the Care of Immediate Family
An employee shall be granted leave without pay for the care
of immediate family in accordance with the following conditions:
- For
the purpose of this clause, family is defined as spouse (or common-law partner
resident with the employee), children (including foster children or children of
spouse or common-law partner) parents (including stepparents or foster parent)
or any relative permanently residing in the employee's household or with whom
the employee permanently resides.
- Subject
to paragraph (a), up to five (5) years leave without pay during an employee's
total period of employment in the Public Service may be granted for the
personal long-term care of the employee's family. Leave granted under this
paragraph shall be for a minimum period of three (3) weeks.
- 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.
- An
employee who has proceeded on leave without pay may change his return to work
date if such change does not result in additional costs to the Employer.
- Leave
granted for a period of less than one (1) year shall be scheduled in a manner
which ensures continued service delivery.
**
- Compassionate Care Leave
- Notwithstanding paragraphs 21.09 (a) and
(b) above, an employee who provides the Employer with proof that he or she is
in receipt of or awaiting Employment Insurance (EI) Compassionate Care Benefits
may be granted leave for periods of less than three (3) weeks, but not
exceeding eight (8) weeks, while in receipt of or awaiting these benefits.
- Leave granted under this clause may exceed
the five (5) year maximum provided in paragraph (b) above only for the periods
where the employee provides the Employer with proof that he or she is in
receipt of or awaiting Employment Insurance (EI) Compassionate Care Benefits.
- When notified, an employee who was
awaiting benefits must provide the Employer with proof that the request for
Employment Insurance (EI) Compassionate Care Benefits has been accepted.
- When an employee is notified that their
request for Employment Insurance (EI) Compassionate Care Benefits has been
denied, paragraphs (i) and (ii) above cease to apply.
21.10 Leave Without Pay for
Personal Needs
Leave without pay will be granted for personal needs,
in the following manner:
- Where operational requirements
permit, leave without pay for a period of up to three (3) months will be
granted to an employee for personal needs. 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 annual
leave. Time spent on such leave shall be counted for pay increment purposes.
- Where
operational requirements permit, leave without pay of more than three (3)
months but not exceeding one (1) year will be granted to an employee for
personal needs.
- An employee is entitled to leave
without pay for personal needs twice under each of (a) and (b) of this clause
during his total period of employment in the Public Service. At least ten (10)
years must have elapsed before the second use of the leave as provided under
each of (a) and (b) of this clause. Leave without pay granted under this clause
may not be used in combination with maternity or parental leave without the
consent of the Employer.
21.11 Leave Without Pay for Relocation of
Spouse or Common-law Partner
At the request of an employee, leave without pay for a
period up to one (1) year shall be granted to an employee whose spouse or
common-law partner is permanently relocated and up to five (5) years to an
employee whose spouse or common-law partner is temporarily relocated.
21.12 Leave With Pay for Family-Related
Responsibilities
- For
the purposes of sub-paragraphs (b)(i), (ii) and (iii) only, "family"
is defined as any relative residing in the employee's household or with whom
the employee permanently resides, and the employee's spouse (or common-law
partner resident with the employee), children (including foster children and
children of legal or common-law partner) and parents (including step-parents or
foster parents).
- The
employee shall be granted leave with pay as follows:
- for an appointment to take a member of his
family for a medical or dental appointment, when the family member is incapable
of attending the appointment by himself, or for appointments with appropriate
authorities in schools or adoption agencies. An employee requesting leave under
this sub-paragraph must make every reasonable effort to schedule the
appointment to minimize or preclude time away from work, and must notify his
supervisor of the appointment as far in advance as possible;
- to provide for the immediate and temporary
care of a sick member of his family and to provide an employee with time to
make alternative care arrangements where the illness is of a longer duration;
- for needs directly related to the birth
or to the adoption of his child.
- The
total leave with pay which may be granted under sub-paragraphs (b)(i), (ii) and
(iii) shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year.
- Where,
in respect of any period of compensatory leave, an employee is granted leave
with pay for illness in the family under 21.12(b) above, on production of a
medical certificate, the period of compensatory leave so displaced shall either
be added to the compensatory leave period, if requested by the employee and
approved by the Employer, or reinstated for use at a later date.
21.13 Court Leave
Leave with pay shall be given to an employee who is
required:
- to
be available for jury selection and to serve on a jury,
or
- by
subpoena, summons or other legal instruments to attend as a witness in any
proceeding, other than a proceeding in which the 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 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.
21.14 Examination Leave
Leave
with pay may be granted to an employee for the purpose of taking an examination
during his normal hours of work. Such leave will be granted only where in the opinion
of the Employer the course of study is directly related to the employee's
duties or will improve his professional qualifications.
21.15 Personnel Selection Leave
Where an employee participates as a candidate in a personnel
selection process for a position in the Public Service, as defined in the Public Service Labour Relations Act, the
employee is entitled to leave with pay for the period during which the employee's
presence is required for purposes of the selection process, and for such
further period as the Employer considers reasonable for the employee to travel
to and from the place where his presence is so required. Such leave will only
be granted for those periods the employee would normally be on duty.
21.16 Education Leave
- An
employee may be granted education leave without pay for varying periods up to
one (1) year, which can be renewed by mutual agreement, for additional or
special study in an academic or professional institution or for a program of
special study in order to permit such an employee to improve his professional
skills. The purpose of this leave is to enable the employee to perform his
duties more adequately and therefore such leave shall be directly related to
the needs and interests of the Employer.
- At
the discretion of the Employer, an employee on education leave under this
clause may receive an allowance in lieu of salary of up to one hundred per cent
(100%) of his annual rate of pay as provided for in Appendix "A" of
this Agreement, depending on the degree to which the education leave is deemed
by the Employer to be relevant to organizational requirements. Where the
employee receives a grant, bursary or scholarship, the education leave
allowances may be reduced. In such cases the amount of reduction shall not
exceed the amount of the grant, bursary or scholarship.
- Any
allowance already being received by the employee and not part of his basic
salary shall not be used in the calculation of the allowance for education
leave without pay.
- Allowances
already being received by the employee may at the discretion of the Employer be
continued during the period of the education leave and the employee shall be
notified when the leave is approved whether such allowances are to be continued
in whole or in part.
- As a
condition to the granting of education leave, an employee shall, if required,
give a written undertaking prior to the commencement of the leave to return to
the service of the Employer and stay at his service for a period of not less
than the period of the leave granted. If the employee, except with the
permission of the Employer:
- fails to complete the course,
- does not resume his employment with the
Employer on completion of the course,
or
- ceases to be employed before termination
of the period he has undertaken to serve after completion of the course,
he shall
repay the Employer all allowances paid to him during the education leave or
such lesser sum as shall be determined by the Employer.
- Time
spent on such leave shall be counted for pay increment and for service for the
purpose of calculating vacation leave.
21.17 Career Development Leave
- An
employee invited to give courses or lectures on matters related to his field of
employment or to take part in seminars and conventions pertaining to translation
or interpretation and related to his employment may, at the discretion of the
Employer, be given leave with pay for such attendance. "Leave with pay"
means the employee's normal compensation including any increase for which he
may become eligible during his absence.
- An
employee shall not be entitled to any compensation under Articles 13, Overtime,
and 14, Travelling Time, in respect of hours he is in attendance at or
travelling to or from a conference, convention, course or lecture under the provisions
of this clause.
21.18 Injury-on-duty Leave
An employee shall be granted injury-on-duty leave with pay
for such reasonable period as may be determined by the Employer when a claim
has been made pursuant to the Government
Employees' Compensation Act, and a Workers' Compensation authority has
notified the Employer that it has certified that the employee is unable to work
because of:
- personal
injury accidentally received in the performance of his duties and not caused by
the employee's wilful misconduct,
- sickness
resulting from the nature of his employment,
or
- exposure
to hazardous conditions in the course of his employment,
if the employee agrees to remit to the Receiver General of
Canada any amount received by him in compensation for loss of pay resulting
from or in respect of such injury, illness or disease providing, however, that
such amount does not stem from a personal disability policy for which the
employee or the employee's agent has paid the premium.
21.19 Maternity-related Reassignment or Leave
- An employee who is pregnant or
nursing may, during the period from the beginning of pregnancy to the end of
the twenty-fourth (24th) week following the birth, request the
Employer to modify her job functions or reassign her to another job if, by
reason of the pregnancy or nursing, continuing any of her current functions may
pose a risk to her health or that of the foetus or child.
- An
employee's request under paragraph (a) must be accompanied or followed as soon
as possible by a medical certificate indicating the expected duration of the
potential risk and the activities or conditions to avoid in order to eliminate
the risk. Dependent upon the particular circumstances of the request, the
Employer may obtain an independent medical opinion.
- An
employee who has made a request under paragraph (a) is entitled to continue in
her current job while the Employer examines her request, but, if the risk posed
by continuing any of her job functions so requires, she is entitled to be
immediately assigned alternative duties until such time as the Employer:
- modifies her job functions or reassigns
her,
or
- informs her in writing that it is not
reasonably practicable to modify her job functions or reassign her.
- Where
reasonably practicable, the Employer shall modify the employee's job functions
or reassign her.
- Where
the Employer concludes that a modification of job functions or a reassignment
that would avoid the activities or conditions indicated in the medical
certificate is not reasonably practicable, the Employer shall so inform the
employee in writing and shall grant leave of absence without pay to the
employee for the duration of the risk as indicated in the medical certificate.
However, such leave shall end no later than twenty-four (24) weeks after the
birth.
- An employee whose job functions have
been modified, who has been reassigned or who is on leave of absence shall give
at least two (2) weeks notice in writing to the
Employer of any change in duration of the risk or the inability as indicated in
the medical certificate, unless there is a valid reason why that notice cannot
be given. Such notice must be accompanied by a new medical certificate.
21.20 Medical Appointment for Pregnant
Employees
- Up
to half a day (1/2) of reasonable time off with pay will be granted to pregnant
employees for the purpose of attending routine medical appointments.
- Where
a series of continuing appointments are necessary for the treatment of a
particular condition relating to the pregnancy, absences shall be charged to
sick leave.
21.21 Religious Observance
- The
Employer shall make every reasonable effort to accommodate an employee who
requests time off to fulfill his religious obligations.
- Employees
may, in accordance with the provisions of this Agreement, request annual leave,
compensatory leave, leave without pay for other reasons or a shift exchange (in
the case of a shift worker) in order to fulfill their religious obligations.
- Notwithstanding paragraph (b), at the
request of the employee and at the discretion of the Employer, time off with
pay may be granted to the employee in order to fulfill his religious
obligations. The number of hours with pay so granted must be made up hour for
hour within a period of six (6) months, at times agreed to by the Employer.
Hours worked as a result of time off granted under this clause shall not be
compensated nor should they result in any additional payments by the Employer.
- An
employee who intends to request leave or time off under this clause must give
notice to the Employer as far in advance as possible but no later than four (4)
weeks before the requested period of absence.
21.22 Volunteer Leave
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 up to 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 will be scheduled at times convenient both to the
employee and the Employer. Nevertheless, the Employer shall make every
reasonable effort to grant the leave at such times as the employee may request.
21.23 Personal Leave
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 up to seven
decimal five (7.5) hours of leave with pay for reasons of a personal nature.
The leave will be scheduled at times convenient to both the
employee and the Employer. Nevertheless, the Employer shall make every
reasonable effort to grant the leave at such times as the employee may request.
21.24 Leave With or Without Pay for Other
Reasons
At its discretion, the Employer may grant leave with or
without pay for purposes other than those specified in this Agreement.