Archived [2020-04-01] - Directive on Terms and Conditions of Employment for Certain Excluded/Unrepresented Employees

The standard hours of work are normally seven and one–half (7 1/2) hours per day; thirty–seven and one–half (37 1/2) hours per week. Notwithstanding this, because the nature of the work and the exigencies of the service require flexibility in arrival and departure times and hours of work, employees in this category are not entitled to overtime pay (including work on a day of rest or on a holiday) or other conditions relating to hours of work, such as a callback, stand–by, travel on a day of rest and travel on a holiday. They are eligible to management leave in lieu of overtime. (See 4.1 below).

An employee who has insufficient sick leave credits to cover the granting of sick leave with pay during the entire period of illness may be granted, at the discretion of the person with delegated authority, a repayable advance of sick leave credits of up to thirteen (13) weeks.

4.1 An employee who is required by management to:

• work excessive hours; or
• work or travel on a day of rest or on a holiday

may be granted such leave as the person with delegated authority considers appropriate.

The standard hours of work are normally seven and one–half (7 1/2) hours per day; thirty–seven and one–half (37 1/2) hours per week. Notwithstanding this, because the nature of the work and the exigencies of the service require flexibility in arrival and departure times and hours of work, employees in this category are not entitled to overtime pay (including work on a day of rest or on a holiday) or other conditions relating to hours of work, such as a callback, stand–by, travel on a day of rest and travel on a holiday. They are eligible to management leave in lieu of overtime (see 5.1 below).

Group II employees are participants in the Performance Management for Certain Excluded or Unrepresented Managers and Specialists pay plan.

An employee who has insufficient sick leave credits to cover the granting of sick leave with pay during the entire period of illness may be granted, at the discretion of the person with delegated authority, a repayable advance of sick leave credits of up to thirteen (13) weeks.

5.1 An employee who is required by management to:

• work excessive hours; or
• work or travel on a day of rest or on a holiday

may be granted such leave as the person with delegated authority considers appropriate.

The standard hours of work are normally seven and one–half (7 1/2) hours per day; thirty–seven and one–half (37 1/2) hours per week. Notwithstanding this, because the nature of the work and the exigencies of the service require flexibility in arrival and departure times and hours of work, employees in this category are not entitled to overtime pay (including work on a day of rest or on a holiday) or other conditions relating to hours of work, such as a callback, stand–by, travel on a day of rest and travel on a holiday. They are eligible to management leave in lieu of overtime (see 6.1 below).

Group III employees are eligible for performance pay pursuant to the Performance Management Program (PMP) for Executives.

4.1 An employee is entitled to four weeks' annual vacation leave earned at the rate of one and two–thirds (1²/₃) days for each calendar month in which the employee is entitled to ten (10) days' pay.

4.2 An employee is entitled to five weeks' annual vacation leave, at the rate of two and one–twelfth (2¹/₁₂) days a month, beginning the month of the earliest attainment of:

• ten (10) years of service at one, or a combination of the specified group and levels;
• fifteen (15) years of service of which five or more are at one, or a combination of the specified group and levels;
• 20 years' service.

4.3 An employee is entitled to six weeks' annual vacation leave earned at the rate of two and one–half (2 1/2) days for each calendar month in which the employee is entitled to ten (10) days' pay beginning the month of the attainment of 28 years of service.

Note:

Service – means continuous and discontinuous employment with any organization that is subject to the Financial Administration Act or continuous and discontinuous employment with any organization for which the individual was a contributor under the Public Service Superannuation Act, Canadian Forces Superannuation Act, or the Royal Canadian Mounted Police Superannuation Act.

4.4 Exceptions:

Employees appointed from:

• another group in the core public administration on or after April 1, 2004, and previously earned vacation leave credits greater than one and two–thirds (1 2/3) days per month (4 weeks per year) continue to earn vacation leave credits at the rate of entitlement on the day prior to appointment, until they qualify to earn the next level of entitlement under these provisions;
• outside the core public administration, who are included in the definition of service, as defined above and who were entitled to vacation leave credits greater than one and two–thirds (1 2/3) days per month (4 weeks per year) while employed outside the core public administration, are entitled to keep earning their vacation leave credits at the same rate as prior to being appointed, provided that the vacation entitlement rate does not exceed two and one–half (2 1/2 days) per month (6 weeks per year);
• outside the core public administration to whom the definition of service as defined above does not apply, who were entitled to vacation leave credits greater than one and two–thirds (1 2/3) days per month (4 weeks per year) while employed outside the core public administration, are eligible, at the discretion of the Deputy Head, to keep earning their vacation leave credits at the same rate as prior to being appointed, provided that:
  • the employee demonstrates that his/her vacation entitlement was greater than one and two–thirds (1 2/3) days per month (4 weeks per year) while employed outside the core public administration; and
  • the vacation entitlement rate does not exceed two and one–half (2 1/2) days per month (6 weeks per year).

An employee who has insufficient sick leave credits to cover the granting of sick leave with pay during the entire period of illness may be granted, at the discretion of the person with delegated authority, an advance of sick leave credits of up to one hundred and thirty (130) working days. Any amount so granted shall not be recovered from future earned sick leave credits.

5.1 No employee shall be granted sick leave during a period in which he/she is on leave without pay or under suspension.

6.1 An employee who is required by management to:

• work excessive hours; or
• work or travel on a day of rest or on a holiday

may be granted such leave as the person with delegated authority considers appropriate.

1. Employees working on a rotating or irregular basis:
   1. Normal hours of work are to be scheduled so that employees work:
      1. an average of thirty-seven decimal five (37.5) hours per week and an average of five (5) days per week; and
      2. an average of seven decimal five (7.5) hours per day.
      3. this is to be averaged over a period not exceeding one hundred and twenty-six (126) days
   2. The employer will make an effort to schedule a meal break of one-half (1/2) hour during each full shift which will not constitute part of the work period.
   3. When an employee's scheduled shift does not commence and end on the same day, such shift is to be deemed for all purposes to have been entirely worked:
      1. on the day it commenced where one-half (1/2) or more of the hours worked fall on that day; or
      2. on the day it terminates where more than one-half (1/2) of the hours worked fall on that day.

      Accordingly, the first (1st) day of rest will be deemed to start immediately after midnight of the calendar day on which the employee worked or is deemed to have worked his or her 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.

   4. the employer will make an effort:
      1. not to schedule the commencement of a shift within eight (8) hours of the completion of the employee's previous shift;
      2. to avoid excessive fluctuations in hours of work;
      3. to consider the wishes of the employees concerned in the arrangement of shifts within a shift schedule;
      4. to arrange shifts over a period of time not exceeding fifty-six (56) days) days and to post schedules at least fourteen (14) days in advance of the starting date of the new schedule;
      5. to grant an employee a minimum of two (2) consecutive days of rest.
   5. It may be operationally advantageous to implement work schedules for employees that differ from those specified in this provision. The employer will consult with the employees affected.

      If an employee is given less than forty-eight (48) hours advance notice of a change in his or her shift schedule, the employee will receive a premium rate of time and one-half (1 1/2) for work performed on the first shift changed. Subsequent shifts worked on the new schedule will be paid at straight time. Such employee will retain his or her previously scheduled days of rest next following the change or if worked, such days of rest will be compensated in accordance with the relevant overtime provisions.

2. For those employees working on a non-rotating and regular basis:
   • Where hours of work are scheduled for employees on a regular basis, they will be scheduled so that employees:
     1. work thirty-seven decimal five (37.5) hours and five (5) days per week, and
     2. work seven decimal five (7.5) hours per day.

     The employer may have the employee complete the weekly hours of employment in a period other than five (5) full days provided that over a period of twenty-eight (28) calendar days the employee works an average of thirty-seven decimal five (37.5) hours per week. Attendance reporting will be determined in consultation with the employee and the employer. In every twenty-eight (28)-day period such an employee will be granted days of rest on such days as are not scheduled as a normal work day for the employee.

     Notwithstanding anything to the contrary, the implementation of any variation in hours will not result in any additional overtime work or additional payment by reason only of such variation, nor will it be deemed to prohibit the right of the employer to schedule any hours of work permitted otherwise.

1. For all matters related to scheduling, the CX-04 group and level shall remain consistent with the other CX levels.
2. Normal hours of work for the CX-04 group and level are to be established in a manner to ensure the average weekly hours and days are consistent with all other CX levels.
3. Notwithstanding (a) and (b) above, Appendix “K” of the Correctional Services collective agreement does not apply to this group.