Archived [2009-04-01] - Terms and Conditions of Employment Policy

To achieve consistent application of terms and conditions of employment in the Public Service.

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Policy objective

To achieve consistent application of terms and conditions of employment in the Public Service.

Policy statement

The terms and conditions of employment of employees, including casuals, terms, part-time workers and excluded and unrepresented employees, are as set out in the relevant collective agreement and as supplemented in the Public Service Terms and Conditions of Employment Regulations (Appendix A) and other relevant policies.

Application

These terms and conditions apply to all employees in organizations listed in Schedule I, Part I of the Public Service Staff Relations Act, except those classified in the Executive Group.

Policy requirements

The terms and conditions of employment will be applied on a mandatory or discretionary basis as indicated.

Except as provided in Sections 53 to 69 and Appendix A, where the terms and conditions may be in conflict with those set out in the relevant collective agreement, the latter will apply.

Monitoring

Treasury Board Secretariat will monitor departmental performance by:

  • periodically reviewing departmental application of the regulations; and
  • reviewing audit and evaluation reports on the application of the regulations.

References

Financial Administration Act
Public Service Staff Relations Act
Public Service Employment Act
Public Service Superannuation Act
Collective Agreements

Enquiries

Enquiries about this policy should be referred to the responsible officers in departmental headquarters who, in turn, may direct questions regarding policy interpretation to the following:

for unrepresented and excluded employees

Executive and Excluded Groups Compensation & Classification
Human Resources Branch
Treasury Board Secretariat

for represented employees

Staff Relations Division
Human Resources Branch
Treasury Board Secretariat.

Appendix A - Public Service Terms and Conditions of Employment Regulations

(Effective September 1, 1990)

Application

1. These regulations apply to all non executive group employees whether they were appointed before or after these regulations came into force on March 13, 1967 (TB 665757). Exceptions made for certain senior level employees are contained in Appendix A to these regulations.

Interpretation

2. In these regulations,

acting assignment is a situation where an employee is required to perform temporarily the duties of a higher classification level for at least the qualifying period specified in the relevant collective agreement or the terms and conditions of employment applicable to the employee's substantive level (affectation intérimaire);

allowance means compensation payable

  1. in respect of a position, or in respect of the positions in a group by reason of duties of a special nature,
  2. for duties that an employee is required to perform in addition to the duties of his or her position (indemnité);

Canadian Forces has the same meaning as regular force in the Public Service Superannuation Act (Forces canadiennes);

casual employee means

  1. a person employed on a casual basis pursuant to the Public Service Employment Act; or
  2. any other person employed for a specified period pursuant to the Public Service Employment Act unless the term of employment is for a period of three months or more, or the person has been employed for a period of three months or more with no break in employment in excess of five working days (employé occasionnel);

deployment means an assignment to another position, made pursuant to the Public Service Employment Act (mutation);

deputy head means

  1. in relation to a department, the deputy minister thereof;
  2. in relation to any other portion of the Public Service, the chief executive officer thereof, or, if there is no chief executive officer, the person designated by the Governor in Council as deputy head for purposes of the Public Service Employment Act (administrateur général);

employee means a person employed in Part I Service, classified in one of the occupational categories defined and listed in Section 2 of the Public Service Staff Relations Act other than a person who is employed as a teacher, or a principal in the Department of Indian Affairs and Northern Development, a person to whom the Ships' Crews Regulations, 1964, the Ships' Officers Regulations, 1964 apply, or any person whose terms and conditions of employment are set out in the Management Category Terms and Conditions of Employment Directive (employé);

enactment includes a regulation, order, directive or other instrument made under the authority of an Act (édit);

former Act means the Civil Service Act, chapter 57 of the Statutes of Canada, 1960-61 (loi précédente);

former regulations means the regulations made pursuant to the former Act (règlement précédent);

higher classification level, in the context of an acting assignment, means a level where the maximum annual rate of pay exceeds the maximum annual rate of pay of the employee's substantive level (niveau de classification supérieur);

lay-off means a person whose employment in Part I Service has been terminated pursuant to Section 29 of the Public Service Employment Act (personne mise en disponibilité);

old Act means the Civil Service Act, chapter 48 of the Revised Statutes of Canada, 1952 (ancienne loi);

old regulations means the regulations made pursuant to the old Act (ancien règlement);

overtime means time worked by an employee in excess of the standard daily or weekly hours of work and for which the employee may be entitled to compensation pursuant to the provisions of the relevant collective agreement or Treasury Board authority (temps supplémentaire);

Part I Service means the departments and agencies listed in Part I, Schedule I of the Public Service Staff Relations Act (service de la partie I);

part-time employee means a person employed to work less than the normal daily or weekly hours of work established for a full-time employee of the same occupational group and level (employé à temps partiel);

pay increment period means, in respect of a position, the period between pay increments for the position (période d'augmentation de rémunération);

Public Service has the meaning given to that expression in the Public Service Superannuation Act (fonction publique);

relevant collective agreement means the collective agreement for the bargaining unit to which the employee is assigned or would be assigned were the employee not excluded. For the Personnel Administration Group, the Organization and Methods Group and the Management Trainee Group, the relevant collective agreement is that applying to the Program Administration Group. The relevant collective agreement for employees who are students participating in a formal cooperative or work experience program, or who are employed under a summer employment program shall be the collective agreement of the predominant group whose duties are being understudied or performed during the work term (convention collective applicable);

remuneration means pay and allowances (rémunération);

seasonal employee means an employee performing duties of a seasonal nature (employé saisonnier);

substantive level means the group and level to which an employee has been appointed or deployed under the Public Service Employment Act, other than in an acting assignment situation; (niveau de titularisation).

Continuous employment

3. For the purpose of these regulations the following periods count as continuous employment:

  1. In respect of a person appointed to Part I Service as an indeterminate employee:
    1. immediately prior service in Part I Service or the Public Service on an indeterminate basis, or on a specified term basis for three months or more;
    2. a combination of prior service in Part I Service and the Public Service on an indeterminate basis, or on a specified term basis for three months or more;
    3. immediately prior service in the Canadian Armed Forces or the Royal Canadian Mounted Police, provided that the person was honourably released and has made or makes a valid election to contribute for that service under the Public Service Superannuation Act (the effective date will be the date the election is completed)

      provided that these periods of service are not separated by more than three months;

    4. service other than as a casual employee in the office of a minister or the leader of the opposition in the House of Commons, and service in Part I Service immediately prior to such service provided that such person ceased to be employed in such office because the person holding such position ceased to hold it; and
    5. immediately prior service in Part I Service as a casual employee, provided that such service is not separated by more than five working days.
  2. In respect of a person appointed to Part I Service on an indeterminate basis following lay-off from Part I Service:
    1. all prior continuous employment at the time the person was laid off and all service between the date of initial lay-off and subsequent indeterminate appointment in Part I Service.
  3. In respect of a person appointed to Part I Service as a casual employee:
    1. immediately prior service in Part I Service as a casual employee, provided that such service is not separated by more than five working days;
    2. immediately prior service in Part I Service on an indeterminate basis, or on a specified term basis for three months or more, provided that such service is not separated by more than three months; and
    3. periods of service that constituted continuous employment for such person prior to that person's lay-off from Part I Service.

4. For the purpose of Section 3, any period of service in Part I Service or the Public Service prior to a termination by reason of dismissal, discharge, release or declaration of abandonment of position does not constitute continuous employment.

5. When before March 13, 1967, an employee was employed in an organization that now forms part of Part I Service, any period of service that constituted continuous employment for the purposes of:

  1. the regulations made pursuant to the Civil Service Act, chapter 57 of the Statutes of Canada, 1960-61; or
  2. any other enactment that determined the entitlement to or duration of vacation, furlough or retiring leave of persons in the Public Service

shall count as continuous employment, provided that the employee was employed in such organization on March 13, 1967, or had terminated or had been laid off from such organization and whose reappointment to Part I Service on or after March 13, 1967, would constitute continuous employment.

Delegation

6. A deputy head may authorize any person employed in his or her department to exercise any of the powers, functions or duties of the deputy head under these regulations.

Hours of work

7. The working day of every employee shall commence and terminate each day at the hours fixed by the deputy head.

Overtime

8. An employee shall be compensated for overtime only where

  1. the deputy head has required the employee to work overtime;
  2. the employee does not control the duration of the period that he or she works overtime; and
  3. management has certified the duration of the overtime worked and authorized compensation.

Leave

Vacation leave

9. Where a person was, immediately prior to becoming an employee, employed in the Public Service, the deputy head may grant to him or her vacation leave for a number of days equal to the number of days' vacation leave he or she earned in the Public Service but had not been granted prior to becoming an employee.

10. Where an employee who has been granted leave of absence without pay is appointed to the Public Service for a fixed term, the deputy head may, when that employee resumes the duties of his or her position, grant to him or her leave of absence with pay for a number of days equal to the number of days of vacation leave the employee earned during the employment in the Public Service and which had not been granted to the employee during the term of that employment.

11.Where an employee's previous service in the Canadian Forces or the Royal Canadian Mounted Police counts for continuous employment pursuant to Sections 3 to 5 of these regulations, the increase in continuous employment for vacation leave purposes shall be effective from the date of the valid election.

12. Vacation leave earned but not granted under any former enactment shall be taken at such time as the deputy head may specify.

13. An employee who, on the coming into force of these regulations, has not been granted all or part of 5 weeks leave with pay authorized pursuant to any former enactment which granted a single entitlement to 5 weeks leave with pay after 20 years of continuous employment (furlough leave), may request and be granted any remaining entitlement or part thereof at such time as the deputy head specifies.

Sick leave

14. Sick leave credits accumulated by an employee under the old Act and regulations and former Act and regulations shall be deemed to have been earned by that employee pursuant to the provisions of these regulations.

Sick leave earned in the Public Service

15. Where a person who ceased to be employed in the Public Service becomes an employee subject to these regulations, and his or her employment in the Public Service and employment subject to these regulations constitutes continuous employment, he or she shall, on appointment, be deemed to have earned sick leave credits earned but not granted during his or her period of employment in the Public Service.

16. Where in the portion of the Public Service in which a person described in Section 15 was employed

  1. no provision was made for the earning of sick leave credits, or
  2. no record exists of the amount of sick leave credits earned by that person

he or she shall be deemed to have earned one-third of the leave he or she would have earned if the employment in the Public Service had been employment in Part I Service.

Leave for appeals

17. A deputy head shall grant leave with pay to every employee, other than an employee on leave without pay or under suspension:

  1. for the purpose of making an appeal before a Board established pursuant to the Public Service Employment Act;
  2. who is called as a witness by an appellant or by a Board described in paragraph (a);
  3. who is acting as the representative of an appellant before a Board described in paragraph (a); or
  4. who is a successful candidate in a personnel selection process, who wishes to attend an appeal hearing before a Board established pursuant to the Public Service Employment Act to hear an appeal related to that selection process.

Allowances during leave with pay

18. Where an employee in receipt of an allowance is granted leave of absence with pay, the allowance shall be granted in addition to pay if the deputy head certifies that the duties in respect of which the employee is being paid the allowance were assigned to the employee on a continuing basis or for a period of two or more months.

Calculation of leave earned outside Part I Service

19. Notwithstanding anything in these regulations, an employee who is granted leave of absence without pay for the purpose of undertaking employment in the Public Service shall, on termination of that leave of absence, be deemed to have earned in Part I Service,

  1. the sick or special leave he or she earned but had not been granted in the Public Service where a provision is made for the earning of sick or special leave by an employee in that portion of the Public Service in which he or she was employed; or
  2. one-third of the leave he or she would have earned if his or her employment in the Public Service had been employment in Part I Service where no provision is made in the portion of the Public Service in which he or she was employed for the earning of sick or special leave or no record exists of the amount of sick or special leave earned by that employee.

Remuneration - General

Entitlement to remuneration

20. (1) Subject to these regulations and any other enactment of the Treasury Board, an employee is entitled to be paid, for services rendered, the appropriate rate of pay in the relevant collective agreement or the rate approved by the Treasury Board for the group and level of the employee's classification.

20. (2) Unless modified by these regulations, the rates of pay and allowances and any other compensation established by the Treasury Board in effect immediately before the coming into force of these regulations and the conditions respecting their payment shall continue in effect.

Dual remuneration

21. Unless authorized by or under an Act of Parliament, no payment additional to the remuneration applicable to an employee's position (hereinafter referred to as "his or her regular position") shall be made out of the Consolidated Revenue Fund to an employee in respect of any service rendered by the employee unless the deputy head of the organization in which the employee occupies his or her regular position certifies that, in his or her opinion, the performance of the additional service does not impair the employee's effectiveness in his or her regular position.

Rate of pay on appointment or deployment

22. Subject to these regulations and any other enactment of the Treasury Board, the rate of pay of a person on appointment to Part I Service shall be the minimum rate applicable to the position to which the employee is appointed.

23. The rate of pay on appointment or deployment of an employee, a person in the Public Service, a member of the Royal Canadian Mounted Police or of the Canadian Armed Forces to a position to which these regulations apply, shall be established in accordance with the promotion, deployment and transfer by appointment or demotion rules as applicable.

Rate of pay on promotion

24. (1) The appointment of an employee described in Section 23 constitutes a promotion where the maximum rate of pay applicable to the position to which that person is appointed exceeds the maximum rate of pay applicable to the employee's substantive level immediately before that appointment by:

  1. an amount equal to at least the lowest pay increment for the position to which he or she is appointed, where that position has more than one rate of pay; or
  2. an amount equal to at least four per cent of the maximum rate of pay for the position held by the employee immediately prior to that appointment, where the position to which he or she is appointed has only one rate of pay.

24. (2) Subject to Sections 27 and 28, on promotion, the rate of pay shall be the rate of pay nearest that to which the employee was entitled in his or her substantive level immediately before the appointment that gives the employee an increase in pay as specified in subsection (1) above; or an amount equal to at least four per cent of the maximum rate of pay for the position to which he or she is appointed, where the salary for the position to which the appointment is made is governed by performance pay.

Rate of pay on demotion

25. (1) A person is demoted where pursuant to Section 50(A), he or she is appointed to a position to which these regulations apply that has a lower maximum rate of pay than the maximum rate applicable to the employee's former substantive level.

25. (2) Subject to Sections 27 and 28, where a person described in Section 23 is demoted, he or she shall be paid the rate of pay that is nearest to but not more than the rate of pay the employee was entitled to in his or her substantive level immediately before the appointment.

Rate of pay on deployment or transfer by appointment

26. (1) A person described in Section 23 is deployed or transferred by appointment where the deployment or appointment to a position to which these regulations apply does not constitute a promotion or demotion.

26. (2) Subject to Sections 27 and 28, where the appointment constitutes a deployment or transfer by appointment, the employee shall be paid the rate of pay that is nearest to but not less than the rate of pay the employee was entitled to in his or her substantive level immediately before the deployment or appointment, or if there is no such rate, at the maximum rate of pay for the position to which he or she is deployed or appointed.

26. (3) Where a person employed in Part I Service is deployed or transferred by appointment during the probationary period to a position to which these regulations apply, the employee shall be paid in the new position at the rate he or she would be receiving in that position if deployed or appointed to it on the date of deployment or appointment to his or her former substantive level position.

Appointment or deployment on pay increment date

27. Where an employee is promoted, deployed or transferred by appointment on the day on which a pay increment would otherwise have become due, the employee's rate of pay in that position on the day immediately before the appointment or deployment shall be deemed to have been the rate of pay that he or she would have received if the pay increment had become due on that date.

Rate of pay on appointment following declaration of surplus or lay-off

28. (1) On appointment to a position with a lower maximum rate of pay, as a result of being declared surplus or being laid off, an employee shall be paid in accordance with the salary protection provision of the Work Force Adjustment Policy.

28. (2) No section of these regulations shall limit in any way the application of this salary protection provision. However, where the normal pay rules confer the greater pay benefit, the salary protection provisions do not apply.

28. (3) Except as otherwise provided, where a laid-off person is reappointed to a position within one year from the date of lay-off, the employee shall be paid as if, at the time of his or her appointment, he or she held a position of the same group and level as the position held when laid-off, and his or her rate of pay in that position was the rate of pay for that position at the time of the reappointment.

Pay increments

29. Subject to these regulations and any other enactment of the Treasury Board, an employee holding a position for which there is a minimum and maximum rate of pay shall be granted pay increments until he or she reaches the maximum rate for the position.

30. Subject to any other enactment of the Treasury Board, a pay increment shall be the rate in the scale of rates applicable to the position that is next higher than the rate at which the employee is being paid.

31. When the relevant collective agreement is silent, the pay increment period shall be 12 months, calculated as follows.

Pay increment period on initial appointment, promotion, or demotion

32. Subject to Sections 33, 34 and 35, where a person is appointed to a position to which these regulations apply, the first pay increment in that position shall become due at the end of the pay increment period for the position calculated from the date of the appointment, if the employee was appointed on the first day of January, April, July or October (referred to as quarterly dates), otherwise from the quarterly date next following the date of the appointment.

Pay increment period on deployment or transfer by appointment

33. (1) When an employee is deployed or transferred by appointment to a position with the same pay increment period as the former position, the first pay increment shall become due at the end of the pay increment period calculated from the date it would have been calculated in the former position.

33. (2) When an employee performing duties of a seasonal nature is deployed or transferred by appointment to a position to which these regulations apply, and a pay increment would become due to him or her in this new position on a date that is not a quarterly date, a pay increment shall become due to that employee in the new position on the quarterly date next following the date on which a pay increment would otherwise have become due to him or her.

34. When an employee is deployed or transferred by appointment to a position where the pay increment period is longer than that of the former position, the first pay increment for that employee shall become due at the end of the pay increment period of the new position, calculated from the date from which the pay increment period would have been calculated in the former position if he or she had continued in that position.

35. When an employee is deployed or transferred by appointment to a position where the pay increment period is shorter than the pay increment period for the former position, the first pay increment for that employee in the new position shall become due,

  1. if a pay increment would have become due to that employee in the former position at the end of a period equal to or less than the pay increment period for the new position, at the end of the pay increment period for his or her former position calculated from the date from which it would have been calculated if he or she had continued in that position; or
  2. if a pay increment would have become due to that employee in the former position at the end of a period greater than the pay increment period for the new position, at the end of the pay increment period for the new position, calculated from the quarterly date coinciding with or next following the date of deployment or transfer by appointment.

36. Notwithstanding Sections 33 to 35, where an employee is deployed or transferred by appointment on a day on which a pay increment would otherwise have become due in the position from which he or she is deployed or transferred by appointment, the first pay increment in his or her new position shall become due at the end of the pay increment period for the new position, calculated from the date of the deployment or transfer by appointment, if that date is a quarterly date, or from the quarterly date first following that date, if that date is not a quarterly date.

37. Reserved for future use.

Subsequent pay increments

38. Each pay increment for an employee, after the first pay increment that he or she receives while in a position, shall become due at the end of the pay increment period for that position, calculated from the date on which the last pay increment in that position became due.

Pay increments on deployment or transfer by appointment during probationary period

39. When an employee is deployed or transferred by appointment during the probationary period, for the purpose of calculating pay increments he or she shall be deemed to have been deployed or appointed to the new position on the date of deployment or appointment to his or her former substantive position.

Denial of pay increment

40. (1) Subject to subsection (2), a deputy head may withhold a pay increment from an employee if he or she is satisfied that the employee is not performing the duties of the position satisfactorily.

40. (2) When a deputy head intends to withhold a pay increment from an employee, he or she shall, at least two weeks and not more than six weeks before the due date for the pay increment, give the employee notice in writing of his or her intention to do so.

Pay increment period when pay increment is denied

41. (1) Notwithstanding the provisions elsewhere in these regulations, where an employee is denied a pay increment on the day on which it becomes due, it shall become due to him or her,

  1. on the first day of any month specified by the deputy head, prior to the date on which a pay increment would next become due to that employee pursuant to these regulations; or
  2. where the deputy head does not specify a month pursuant to this section, on the day a pay increment would next become due to that employee pursuant to these regulations.

41. (2) Where a pay increment is granted to an employee on a day specified pursuant to paragraph (a) of subsection (1), the first pay increment thereafter for that employee shall become due on the day it would have become due pursuant to these regulations if the pay increment immediately preceding it had been granted on the day on which it became due.

Pay increments during a period of leave of absence with pay

42. Sections 29 to 41 apply to every employee who is on leave of absence with pay.

Pay increments during period of leave without pay

43. Sections 29 to 41 apply to every employee who has been granted leave without pay, except where the relevant collective agreement provides that time spent on a particular kind of leave without pay does not count for pay increment purposes.

44. Where an employee has been granted leave of absence without pay which does not count for pay increment purposes, a pay increment shall become due to that employee:

  1. on the date on which he or she will have completed a period of employment equal to the pay increment period for the position held, if that date is a quarterly date; or
  2. on the quarterly date first following that date, if it is not a quarterly date, calculated
    1. from the date on which a pay increment last became due to the employee, or
    2. where no pay increment in that position has become due, from
      1. the date of his or her deployment or appointment, if that date was a quarterly date, or
      2. the quarterly date next following the date of the deployment or appointment, if he or she was not appointed on a quarterly date.

Pay increment following appointment from lay-off

45. Except where the appointment is deemed to be a promotion, when a person entitled to a lay-off priority is appointed within one year from the date of lay-off, the period from the last increment date to the date of lay-off will be counted when determining the new increment date.

Remuneration - Acting assignment

46. Pay

46. (A) General

Where a deputy head requires an employee to perform duties of a higher classification level for at least the qualifying period specified in the relevant collective agreement or the terms and conditions of employment applicable to the employee's substantive level, the employee shall be paid acting pay calculated from the date the employee began to perform such duties.

46. (B) Rate of pay

Acting pay is the rate of pay that the employee would be paid on deployment or appointment to such higher classification level, as calculated pursuant to Sections 24 or 26 of these regulations.

46. (C) Recalculation of pay

  1. An employee in receipt of acting pay is entitled to a recalculation of the acting rate of pay pursuant to Sections 24 or 26 when increments within and revisions to the salary range for the substantive level occur. If following recalculation the rate of pay in the higher classification level is less than the rate of pay received immediately prior to the recalculation, the employee shall be paid at the rate of pay received immediately prior to the recalculation.
  2. An employee in receipt of acting pay is entitled to revisions to the salary range of the higher classification level.

46. (D) Pay increments

  1. Notwithstanding paragraph 46.(C)(1) above, an employee
    1. who is being paid at the maximum rate of pay for the substantive level at the time of the employee's assignment; or
    2. who receives an increment in the substantive level which does not result in a higher rate of pay in the higher classification level
    shall be eligible to receive pay increments in the higher classification level at the end of the increment period for the higher classification level, calculated from the date on which the acting assignment commenced.
  2. Notwithstanding paragraph 46.(C)(1) above, an employee
    1. who has received pay increments in the substantive level that have resulted in higher rates of pay in the higher classification level; and
    2. has reached the maximum rate of pay for the substantive level
    shall be eligible for increments in the higher classification level at the end of the increment period for the higher classification level, calculated from the date of the last pay increment received in the substantive level.

46. (E) Subsequent assignments

An employee in receipt of acting pay who is required to perform other duties:

  1. of the same group and level as those for which acting pay is being paid shall:
    1. be paid at the same rate of pay; and
    2. at the end of the increment period for the higher classification level, be eligible for an increment in accordance with the applicable provisions in Section 46.(D).
  2. of a group and/or level higher than that for which acting pay is being paid shall:
    1. be paid the rate of pay that the employee would be paid on deployment or appointment to such higher classification level, as calculated pursuant to Sections 24 or 26. Should such rate be less than the employee's previous acting rate of pay, the employee shall be paid at the rate of pay in the higher classification level that is nearest to but not less than the previous acting rate of pay; and
    2. upon reverting to the previous acting duties, be paid the rate of pay that would have been paid had the previous duties been continuously performed.
  3. of a group and level lower than that for which acting pay is being paid, shall:
    1. be paid a rate of pay as calculated pursuant to Sections 24 or 26, and
    2. receive credit for increments from the date the acting duties in the higher level position commenced, in accordance with the provisions of Section 46.(D).

46. (F) Subsequent deployments or appointments

  1. An employee in receipt of acting pay who is deployed or appointed to a new substantive level that is:
    1. the same as that for which acting pay is being paid shall:
      1. be paid at the same rate of pay; and
      2. at the end of the increment period for the higher classification level, be eligible for an increment in accordance with the applicable provisions in Section 46.(D).
    2. higher than that for which acting pay is being paid shall:
      1. be paid at the rate of pay calculated pursuant to Sections 24 or 26, and
      2. should such rate of pay be less than the employee's previous acting rate of pay, be paid at the rate of pay in the higher salary range that is nearest to but not less than the previous acting rate of pay.
    3. lower than that for which acting pay is being paid shall:
      1. be paid at the rate of pay calculated pursuant to Sections 24 or 26; and
      2. receive credit for increments from the date the acting duties in the higher level position commenced, in accordance with the provisions of Section 46.(D).
  2. An employee who is deployed or appointed to a new substantive level having a maximum rate of pay lower than the level for which acting pay is being paid while continuing to act in the higher classification level shall have the acting rate of pay recalculated pursuant to Sections 24 or 26. Where such recalculation results in a rate of pay which is equal to or less than the employee's previous acting rate of pay, the employee shall retain the previously established acting rate of pay and increment date in the higher classification level.

46. (G) Performance pay

Subject to the application of the above pay provisions, the administration of acting pay in the case of an employee performing the duties of a higher classification level, which is subject to performance pay, shall be in accordance with the applicable performance pay plan.

47. Terms and conditions

47. (A) General

Subject to subsection 47.(B) and Section 47.(C), when an employee temporarily performs duties at a higher classification level, the employee shall be subject to the terms and conditions of employment of the higher classification level:

  1. on the starting date of the assignment when the assignment will meet the qualifying period; or
  2. on the date, during the qualifying period, that the employee is notified that his or her assignment will meet the qualifying period

as stipulated in the relevant collective agreement or the terms and conditions applicable to the employee's substantive level.

47. (B) Management Category

An employee receiving acting pay as the result of an assignment to perform duties subject to the Management Category terms and conditions shall remain subject to the non-salary terms and conditions of the substantive level.

47. (C) Payments and recoveries

Where the relevant collective agreement does not specify the rate of pay at which a benefit shall be paid or at which leave granted in excess of credits shall be repaid by the employee, such rate shall be the rate:

  1. prescribed in the certificate of appointment of the employee's substantive position for
    1. the payment of severance pay,
    2. the pay-out of vacation leave credits, and
    3. the recovery, on termination, of vacation and sick leave that was granted in excess of credits.
  2. at which the employee was being paid:
    1. when the overtime was worked for the pay-out of compensatory leave credits; or
    2. when the leave credit was earned for the pay-out of lieu day credits.

48. Termination of acting assignment

The acting assignment of an employee shall cease whenever the deputy head determines that the employee shall no longer perform the higher-level duties.

Bilingualism bonus

49. Incumbents of bilingual positions who meet the prescribed language requirements are entitled to the bilingualism bonus in accordance with the policy and conditions that are set out for employee eligibility in the Bilingualism Bonus policy.

Discipline, termination of employment and demotion

50. Subject to any enactment of the Treasury Board, a deputy head may:

  1. establish standards of discipline
    1. for employees;
    2. for persons occupying teacher and principal positions in the department of Indian and Northern Affairs, and
  2. prescribe, impose and vary or rescind, in whole or in part, the financial and other penalties, including suspension and termination of employment, that may be applied for breaches of discipline or misconduct.

50. (A) Subject to any enactment of the Treasury Board, a deputy head may, for reasons other than breaches of discipline or misconduct, terminate the employment of an employee or demote an employee to a position at a lower maximum rate of pay, and vary or rescind such measures.

Death benefit

51. Where an employee who is not a participant within the meaning of Part II of the Public Service Superannuation Act dies, after having been an employee for at least two years, an amount equal to the employee's salary for two months shall be paid

  1. to the surviving spouse; or
  2. if there is no surviving spouse or the deputy head is of the opinion the amount should not be paid to the surviving spouse, to such person as the Treasury Board determines.

Casual and seasonal employees

52. Except as specified in Sections 53 to 69, Sections 1 to 51 of these regulations apply to casual and seasonal employees.

Casual employees

Vacation leave

53. A casual employee is not entitled to vacation leave with pay.

Vacation pay

54. A casual employee is entitled to be paid vacation pay equal to four per cent of the amount of the pay and compensation for overtime received.

Holidays

55. A full-time casual employee is entitled to pay for a designated holiday provided he or she is not on leave without pay the working day preceding and the working day following that holiday.

56. Reserved for future use.

Bereavement leave

57. Every casual employee shall be granted bereavement leave for a period up to three consecutive calendar days to include the day of the funeral, when a member of the immediate family dies. Such leave is to be without pay in the first three months of continuous employment and with pay after the employee has completed three months of continuous employment.

58. For the purpose of bereavement leave, immediate family is defined as father, mother (or alternatively stepfather, stepmother or foster parent), brother, sister, spouse, (including common-law spouse resident with the employee), child, (including child of common-law spouse), stepchild or ward of the employee, father-in-law, mother-in-law and relative permanently residing in the employee's household or with whom the employee permanently resides.

Sick leave

59. A casual employee shall earn sick leave credits as prescribed in the relevant collective agreement. Paid sick leave shall not be granted to a casual employee.

Other leave

60. Except as provided in Section 57, a casual employee is not entitled to leave with pay but may be granted other leave without pay at the discretion of the deputy head for any purpose. Such leave shall not extend beyond the expiry date of the specified period for which the person was employed.

Lay-off

61. (A) Status as a lay-off for purposes of these regulations shall not extend beyond the expiry date of the specified period wherein the person was laid off.

61. (B) A casual employee, with at least three months' continuous employment who is laid off prior to the end of his or her term and has not been given two weeks' notice, shall receive compensation in lieu of notice. The compensation will equal two weeks' pay or pay to the end of the specified period, whichever is less. If the individual should subsequently be reappointed to the Public Service prior to the end of the period for which compensation had been paid, he or she shall repay that part of the compensation representing the time from the date of reappointment to the end of the original compensable period.

Rate of pay

62. Notwithstanding Section 22, a deputy head may authorize a rate of pay above the minimum rate of pay when an employee on leave without pay from his or her substantive position is appointed as a casual employee. The rate of pay on appointment shall not exceed the rate that would be struck if the transfer directives applied.

63. On appointment as a casual employee, within one year from the date of being laid off from an indeterminate position, an employee shall continue to receive all pay entitlements provided by the collective agreement, the pay plan, or by the terms and conditions of employment applicable to the position from which the employee was declared surplus or laid off.

Acting pay

64. Acting pay may be paid to a casual employee who is assigned the duties of a higher classification level on an acting basis. The rate of pay shall be the rate that is nearest to but not less than the rate of pay the employee was receiving immediately prior to the acting assignment.

Other benefits

65. Subject to any Treasury Board enactment, casual employees are entitled to the following benefits to be administered in accordance with the provisions of the relevant collective agreement:

  • Call-back pay
  • Standby pay
  • Reporting pay
  • Shift and weekend premium
  • Pennological factor allowance
  • Travelling time
  • Overtime meal allowance.

Seasonal employees

66. Where, in any calendar month at the beginning or end of a season, a seasonal employee holding a position for which there is a minimum and maximum rate of pay has received pay for at least twice the number of days in his or her work week, the person shall be deemed to have performed the duties of the position for that month.

67. (1) Subject to Section 68 every seasonal employee

  1. to whom Section 105 of the former regulations applied; or
  2. to whom, on the coming into force of these regulations, an enactment granting 5 weeks' leave of absence with pay on the basis of 20 years' continuous employment applied;

    and who, on the coming into force of these regulations, had not been granted the whole or any part of the leave of absence with pay that could have been granted to him or her pursuant to that section or enactment, as the case may be, is entitled,

  3. on completion of 20 years of continuous employment as a seasonal employee, to leave of absence with pay for a number of weeks equal to the number obtained by dividing by 48 the total number of months during those 20 years in which he or she performed the duties of his or her position, or was on vacation or sick leave for at least twice the number of days in his or her work week; or
  4. if he or she had completed 20 years continuous employment on or before the coming into force of these regulations, to leave of absence with pay for the lesser of a period calculated in the manner set out in paragraph (c) or the part of that period of leave of absence with pay that had not been granted to him or her before the coming into force of these regulations.

67. (2) Subject to Section 68 every employee

  1. to whom Section 106 of the former regulations applied; or
  2. to whom, on the coming into force of these regulations, an enactment granting 5 weeks' leave of absence with pay on the basis of 20 years' continuous employment applied;

    and who, on the coming into force of these regulations, had not been granted the whole or any part of the leave of absence with pay that could have been granted to him or her pursuant to that section or enactment, as the case may be, is entitled on completion of 20 years of continuous employment to leave of absence with pay for a number of weeks equal to the number obtained by dividing by 48 the total number of months during those 20 years in which

  3. he or she was an employee other than a seasonal or casual employee; and
  4. he or she performed the duties of the position as a seasonal employee, or was on vacation or sick leave for at least twice the number of days in his or her work week. (TB 672696, September 13, 1967.)

68. The leave of absence described in Section 67 may, with the approval of the deputy head, be taken by an employee in any year after completion of 20 years' continuous employment or at such time as the deputy head may specify.

69. For the purposes of Sections 3, 4 and 5 of these regulations, a seasonal employee shall be deemed to have performed the duties of his or her position in each year that he or she was on active service with the armed forces or undergoing treatment as described in

  1. paragraph (f) of Section 4 of the former regulations; or
  2. any provision of any other enactment that determined the entitlement to, or duration of vacation, furlough or retiring leave of persons employed in the Public Service, and that enabled a person to count as continuous employment a period of active service or treatment similar to that service or treatment described in paragraph (f) of Section 4 of the former regulations;

    for a period equal to the average number of months he or she was required to perform the duties of the position in each year he or she was not on active service or undergoing treatment.

Annex A - Interim Exceptions to the Public Service Terms and Conditions of Employment Regulations for Certain Unrepresented Employees

Application

1. The terms and conditions of employment as set out in Part I below as exceptions are applicable to employees classified in the following occupational groups and levels:

Administrative and foreign service category

 

AS -

7, 8

 

CO -

4

 

CS -

5

 

FI -

4

 

IS -

6

 

OM -

6

 

PE -

6

 

PM -

6, 7

 

PM -

Mediation/conciliation officer sub-group

 

PG -

6, 7

 

WP -

6, 7

 

TR -

4, 5, 6

Career Assignment Program

  CA -

1, 2

Scientific and professional category

 

AR - 7

LA (Justice) - 1, 2A

 

AU - 5

MD-MSP - 2

 

CH - 5

MT - 8

 

DE - 3

NU-CHN - 8

 

DS - 6

NU-HOS - 8

 

ED-EDS - 5, 6

PC - 5

 

EN-ENG - 6

PS - 5

 

EN-SUR - 6

SE-REM - 1, 2

 

ES - 7

SG - 8

 

LA - 2

MA - 1 to MA - 7

   

UT - 1 to UT - 4

2. The terms and conditions of employment as set out in Part II below as exceptions are applicable to employees classified as senior executive officer (residual) and in the following occupational groups and levels (formerly SX equivalents):

Scientific and professional category

 

ES - 8

MD-MOF - 4, 5

 

HR - 5

MD-MSP - 3

 

LA - 2B, 3A, 3B, 3C

MT - 9

   

PC - 6

Part I

3. In this part an employee is an employee classified in a group and level listed in Section 1 of this Appendix.

Hours of work

4. 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, an employee shall not be entitled to payment for overtime (including work on a day of rest or on a holiday) or other conditions relating to hours of work, such as call-back, stand-by, travel on a day of rest and travel on a holiday.

Holidays

5. (a) The following days are paid holidays:

  • 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, and

Such additional days as are designated by the deputy head to be holidays in the locality in which an employee works.

5. (b) When a day designated as a paid holiday coincides with an employee's day of rest, the holiday shall be moved to the employee's first working day following the day of rest.

(c) Where an employee works on a holiday, he or she may be granted management leave as provided in Section 6.

Management leave

6. An employee who is required by management to

  • work excessive hours;
  • work or travel on a day of rest or on a holiday;
  • may be granted such leave with pay as the deputy head considers appropriate.

Vacation leave

7. (a) An employee shall earn vacation leave in accordance with the provisions of the relevant collective agreement.

7. (b) Vacation leave will be taken at such time as the deputy head specifies. Deputies should encourage managers to take all of their vacation leave in the fiscal year in which it is earned.

7. (c) Accumulation

  1. Definition

    Accumulated vacation leave is defined as the total number of earned but unused vacation leave credits. It does not include furlough leave.

  2. Maximum accumulation

    The maximum accumulation of vacation leave credits is the greater of the manager's:

    • current annual entitlement;

    or

    • accumulated leave credits as at April 1, 1986, or the date of appointment to the specified groups and levels if after this date.

    Maximum accumulations exceeding one year's entitlement are reduced (irrevocably) by:

    • the deputy scheduling leave;
    • utilization; and/or,
    • cash-out.
  3. Cash-out

Mandatory: On March 31st of each year, any earned but unused leave credit greater than the maximum accumulation will be paid in cash.

The immediate supervisor may authorize the carry-over of up to one year's annual entitlement of earned but unused vacation leave credits, beyond an individual's permitted maximum accumulation. The leave carried over must be used within the next fiscal year or be subject to mandatory cash-out at the end of the fiscal year.

Voluntary: Managers may cash-out, subject to deputy head approval, any or all of their accumulated leave.

Both mandatory and voluntary cash-out are based on current base salary (does not include performance awards and bonuses).

Recall from vacation leave

8. (a) An employee who is recalled to duty from vacation leave or whose vacation leave is cancelled by management without notice shall be reimbursed for reasonable expenses, as defined in the Travel Directive, that he or she incurs:

  1. in proceeding to his or her place of duty, and
  2. in returning to the place from which he or she was recalled if he or she immediately resumes vacation upon completing the assignment for which he or she was recalled;

for any reasonable monetary penalty which results from cancellation of reservations; after submitting such expense accounts as may be required.

8. (b) An employee shall not be considered as being on vacation leave during any period in respect of which he or she is entitled under paragraph 8(a) to be reimbursed for reasonable expenses he or she incurred.

Vacation pay on termination of employment

9. (a) If an employee ceases to be employed or dies, the employee or the estate shall be paid, in lieu of the unused vacation leave which has been earned, an amount which is equal to the product of the employee's current daily rate of pay as calculated from the classification specified in his or her certificate of appointment, multiplied by the number of days of earned but unused vacation and furlough leave with pay to his or her credit on the day the employee ceased to be employed or died.

9. (b) Notwithstanding paragraph 9(a), an employee whose employment is terminated by reason of a declaration of abandonment of position is entitled to receive the payment referred to in 9(a) if the employee requests it within a period of three and one-half years following the date upon which employment is terminated.

Medical certificate for sick leave

10. A medical certificate is required only when requested by the deputy head.

Advance of sick leave credits

11. 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 deputy head, a repayable advance of sick leave credits of up to thirteen (13) weeks.

Pay for advanced leave credits on termination of employment

12. An employee who has been granted more vacation or sick leave with pay than has been earned, whose services are terminated by lay-off or death, is considered to have earned the amount of leave with pay granted to him or her.

Special leave

13. At the discretion of the deputy head, an employee may be granted leave with pay under the following circumstances:

  1. where there is illness or death in the employee's family;
  2. where he or she is to be married;
  3. where circumstances not directly attributable to the employee prevent him or her from reporting for duty;
  4. on the occasion of the birth of his child.

Other leave

14. (a) A deputy head may grant leave of absence with pay for a period not in excess of two weeks to an employee who is not on leave of absence where

  1. the place of work has been rendered uninhabitable and the employee cannot perform his or her duties until an alternative working place is found; or
  2. he or she is required or urgently needed to assist in meeting a community emergency.

14. (b) Leave of absence with pay may be granted by a deputy head to an employee to take a course in civil defence training if

  1. no such training is available in his or her locality after regular working hours; and
  2. the employee has not been required by the deputy head to take the course for purposes of Public Service civil defence.

15. A deputy head may grant to an employee leave of absence with pay for any period in which the services of that employee are required by

  1. a Commission established pursuant to the Inquiries Act;
  2. an Industrial Inquiry Commission, established pursuant to Part I of the Canada Labour Code; or
  3. an international organization of which the Government of Canada is a member.

Part II

16. In this part an employee is an employee classified in a group and level listed in Section 2 of this Appendix.

Hours of work

17. 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, an employee shall not be entitled to payment for overtime (including work on a day of rest or on a holiday) or other conditions relating to hours of work, such as call-back, stand-by, travel on a day of rest and travel on a holiday.

Holidays

18. (a) The following days are paid holidays:

  • 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, and

such additional days as are designated by the deputy head to be holidays in the locality in which an employee works.

18. (b) When a day designated as a paid holiday coincides with an employee's day of rest, the holiday shall be moved to the employee's first working day following the day of rest.

18. (c) Where an employee works on a holiday, he or she may be granted management leave as provided in Section 19.

Management leave

19. An employee who is required by management to

  • work excessive hours;
  • work or travel on a day of rest or on a holiday;
  • may be granted such leave with pay as the deputy head considers appropriate.

Vacation leave

20. (a) An employee is entitled to four weeks' annual vacation at the rate of one and two-thirds (1 2/3) days for each calendar month in which the employee is entitled to 10 days' pay.

20. (b)(i) An employee who is classified in the ES-8, HR-5, MT-9 or PC-6 groups and levels is entitled to five weeks' annual vacation leave after 20 years of service at the rate of two and one-twelfth (2 1/12) days for each calendar month in which the employee is entitled to 10 days' pay.

20. (b)(ii) An employee who is classified in the DS-7 or 8, LA-2B, LA-3A-3C, MD-MOF-4 or 5, MD-MSP-3 groups and levels is entitled to five weeks' annual vacation leave, at the rate of two and one-twelfth (2 1/12) days a month, beginning the first month following the earliest attainment of:

  • ten (10) years of service at one or a combination of the specified groups and levels;
  • fifteen (15) years of service of which five (5) or more are at these groups and levels;
  • twenty (20) years of service; or
  • is already entitled to this level of benefit on appointment to the group and level from another group and level in the Public Service

"Service" means employment with any department, Armed Forces, Royal Canadian Mounted Police, company, corporation, commission, board or agency established to perform a function or duty on behalf of the Government of Canada.

20. (c) An employee who has been granted or is entitled to furlough leave (5 weeks' leave after 20 years of continuous employment) shall have his or her leave entitlement reduced by five-twelfths (5/12) of a day per month (5 days per year) in the period between the ends of the employee's twentieth (20th) and twenty-fifth (25th) year of continuous employment.

20. (d) An employee may be granted advance payment of estimated net salary for vacation periods of two or more complete weeks if a written request is received from the employee at least six weeks prior to the last pay day before the vacation leave commences.

20. (e) Vacation leave will be taken at such time as the deputy head specifies. Deputies should encourage managers to take all of their vacation leave in the fiscal year in which it is earned.

20. (f) Accumulation

  1. Definition

    Accumulated vacation leave is defined as the total number of earned but unused vacation leave credits. It does not include furlough leave.

  2. Maximum accumulation

    The maximum accumulation of vacation leave credits is the greater of the manager's:

    • current annual entitlement;

    or

    • accumulated leave credits as at April 1, 1986, or the date of appointment to the specified groups and levels if after this date.
    Maximum accumulations exceeding one year's entitlement are reduced (irrevocably) by:
    • the deputy scheduling leave;
    • utilization; and/or,
    • cash-out.
  3. Cash-out

Mandatory: On March 31 of each year, any earned but unused leave credit greater than the maximum accumulation will be paid in cash.

The immediate supervisor may authorize the carry-over of up to one year's annual entitlement of earned but unused vacation leave credits beyond an individual's permitted maximum accumulation. The leave carried over must be used within the next fiscal year or be subject to mandatory cash-out at the end of the fiscal year.

Voluntary: Managers may cash-out, subject to deputy head approval, any or all of their accumulated leave.

Both mandatory and voluntary cash-out are based on current base salary (does not include performance awards and bonuses).

Recall from vacation leave

21. (a) An employee who is recalled to duty from vacation leave or whose vacation leave is cancelled by management without notice shall be reimbursed for reasonable expenses, as defined in the Travel Directive, that he or she incurs:

  1. in proceeding to his or her place of duty, and
  2. in returning to the place from which he or she was recalled if he or she immediately resumes vacation upon completing the assignment for which he or she was recalled;

for any reasonable monetary penalty which results from cancellation of reservations; after submitting such expense accounts as may be required.

21. (b) An employee shall not be considered as being on vacation leave during any period in respect of which he or she is entitled under paragraph 21(a) to be reimbursed for reasonable expenses he or she incurred.

Compensation for unused vacation leave

22. On termination of employment an employee is entitled to be compensated for unused accumulated vacation leave in an amount determined by multiplying the number of days of accumulated vacation leave by the employee's daily rate of pay at the date of termination of employment. In the case of death, payment shall be made to his or her estate.

Sick leave

23. Subject to these regulations, where a deputy head is satisfied that an employee is unable to perform the duties of his or her position because of sickness or injury, the deputy head may grant that employee

  1. leave with pay (sick leave) to the extent that such leave has been earned by that employee in accordance with these regulations; or
  2. leave without pay where the employee has no earned sick leave.

24. Every employee, other than an employee on retiring leave, shall earn sick leave at the rate of one and one-quarter (1 1/4) days for each calendar month in which he or she received his or her pay for at least twice the number of days in his or her work week.

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

Medical certificate for sick leave

26. A medical certificate is required only when requested by the deputy head.

Advance of sick leave credits

27. (a) 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 deputy head, an advance of sick leave credits of up to 130 working days. Any amount so granted shall not be recovered from future earned sick leave credits.

27. (b) It is intended that this benefit be granted to an employee once during a career in the Public Service. In exceptional circumstance it may be in the public interest to grant this benefit in the event of a second prolonged illness.

Pay for advanced leave credits on termination of employment

28. An employee who has been granted more vacation or sick leave with pay than has been earned, whose services are terminated by lay-off or dies, is considered to have earned the amount of leave with pay granted to him or her.

Special leave

29. The deputy head, at his or her discretion, may grant an employee special leave with pay in whatever amount is considered appropriate in circumstances where there is illness or death in the employee's family; where he or she is to be married; where circumstances not directly attributable to the employee prevent him or her from reporting for duty; on the occasion of the birth of his child; or for such other purpose that the deputy head considers appropriate.

Other leave

30. (a) A deputy head may grant leave of absence with pay for a period not in excess of two weeks to an employee who is not on leave of absence where

  1. the place of work has been rendered uninhabitable and the employee cannot perform his or her duties until an alternative working place is found; or
  2. he or she is required or urgently needed to assist in meeting a community emergency.

30. (b) Leave of absence with pay may be granted by a deputy head to an employee to take a course in civil defence training if

  1. no such training is available in his or her locality after regular working hours; and
  2. the employee has not been required by the deputy head to take the course for purposes of Public Service civil defence.

31. A deputy head may grant to an employee leave of absence with pay for any period in which the services of that employee are required by:

  1. a Commission established pursuant to the Inquiries Act;
  2. an Industrial Inquiry Commission, established pursuant to Part I of the Canada Labour Code; or
  3. an international organization of which the Government of Canada is a member.

Annex B – Interim Exceptions to the Public Service Terms and Conditions of Employment Regulations for Excluded Employees of the Law Group

Maternity, Parental and Adoption Leave

1.0.0 Maternity Leave without Pay

1.0.1 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.

1.0.2 Notwithstanding paragraph 1.0.1:

  1. where the employee has not yet proceeded on maternity leave without pay and her newborn child is hospitalized,

    or

  2. 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 1.0.1 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.

1.0.3 The extension described in paragraph 1.0.2 shall end not later than fifty-two (52) weeks after the termination date of pregnancy.

1.0.4 The Employer may require an employee to submit a medical certificate certifying pregnancy.

1.0.5 An employee who has not commenced maternity leave without pay may elect to:

  1. use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates;
  2. use her sick leave credits up to and beyond the date that her pregnancy terminates, as provided for through Sick Leave With Pay provisions. For purposes of this paragraph, the terms "illness" or "injury" shall include medical disability related to pregnancy.

1.0.6 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.

1.0.7 Leave granted under these provisions 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.

1.1.0 Maternity Allowance

1.1.1 An employee who has been granted maternity leave without pay shall be paid a maternity allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs 1.1.3 to 1.1.9 following provided that she:

  1. has completed six (6) months of continuous employment before the commencement of her maternity leave without pay,
  2. provides the Employer with proof that she has applied for and is in receipt of maternity benefits under the Employment Insurance or Québec Parental Insurance Planin respect of insurable employment with the Employer,

    and

  3. has signed an agreement with the Employer stating that:
    1. 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;
    2. following her return to work, as described in paragraph (A) above, she will work for a period equal to the period she was in receipt of maternity allowance;
    3. should she fail to return to work in accordance with paragraph (A) above, or should she return to work but fail to work for the total period specified in paragraph (B) above, 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 paragraph (B) above, 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:

(Allowance received)

X

(remaining period to be worked following her return to work)


 

 

[ total period to be worked as
specified in paragraph (B) above]

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 paragraph (B) above.

1.1.2 For the purpose of paragraphs 1.1.1(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 paragraph 1.1.1(iii)(B), without activating the recovery provisions described in paragraph 1.1.1(iii)(C).

1.1.3 Maternity allowance payments made in accordance with the SUB Plan will consist of the following:

  1. where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance maternitybenefits, 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,
  2. for each week that the employee receives a maternity benefit underthe Employment Insurance or Québec Parental Insurance plan, she is eligible to receive the difference between ninety-three per cent (93%) of her weekly rate 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.

1.1.4 At the employee's request, the payment referred to in paragraph 1.1.3 (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 maternitybenefits.

1.1.5 The maternity allowance to which an employee is entitled is limited to that provided in paragraph 1.1.3 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.

1.1.6 The weekly rate of pay referred to in paragraph 1.1.3 shall be:

  1. for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity leave without pay,
  2. 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) immediately above 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.

1.1.7 The weekly rate of pay referred to in paragraph 1.1.6 shall be the rate to which the employee is entitled for her substantive level to which she is appointed.

1.1.8 Notwithstanding paragraph 1.1.7, and subject to subparagraph 1.1.6 (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.

1.1.9 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.

1.1.10 Maternity allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.

1.2.0 Special Maternity Allowance for Totally Disabled Employees

1.2.1 An employee who:

  1. fails to satisfy the eligibility requirement specified in subparagraph 1.1.1(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Longterm Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or the Government Employees Compensation Act prevents her from receiving Employment Insurance or Québec Parental Insurance maternity benefits,

    and

  2. has satisfied all of the other eligibility criteria specified in paragraph 1.1.1, other than those specified in sections (A) and (B) of subparagraph 1.1.1(iii), shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph (i) immediately above, 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.

1.2.2 An employee shall be paid an allowance under this clause and under paragraph 1.1.0 for a combined period of no more than the number of weeks during which she would have been eligible for maternity benefits underthe Employment Insurance or Québec Parental Insurance Planhad she not been disqualified from Employment Insurance or Québec Parental Insurance maternity benefits for the reasons described in paragraph 1.2.1(i).

1.3.0 Transitional Provisions

1.3.1 If, since January 1st, 2006, an employee was on maternity leave without pay or had requested a period of maternity leave but has not commenced the leave, she shall, upon request, be entitled to the provisions of this updated maternity leave policy. Any application must be received before the termination date of the leave period originally requested.

2.0.0 Parental Leave Without Pay

2.0.1 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.

2.0.2 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.

2.0.3 Notwithstanding paragraphs 2.0.1 and 2.0.2 above, at the request of an employee and at the discretion of the employer, the leave referred to in the paragraphs 2.0.1 and 2.0.2 above may be taken in two periods.

2.0.4 Notwithstanding paragraphs 2.0.1 and 2.0.2:

  1. 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

  2. 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.

2.0.5 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.

2.0.6 The employer may:

  1. defer the commencement of parental leave without pay at the request of the employee;
  2. grant the employee parental leave without pay with less than four (4) weeks' notice;
  3. require an employee to submit a birth certificate or proof of adoption of the child.

2.0.7 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.

2.1.0 Parental Allowance

2.1.1 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 1.1.3 to 1.1.9, providing he or she:

  1. has completed six (6) months of continuous employment before the commencement of parental leave without pay,
  2. provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec Parental Insurance Plan in respect of insurable employment with the Employer,

    and

  3. has signed an agreement with the Employer stating that:
    1. 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;
    2. Following his or her return to work, as described in paragraph (A) immediately above, 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 paragraph 1.1.1 (iii)(B), if applicable;
    3. should he or she fail to return to work in accordance with paragraph (A) above or should he or she return to work but fail to work the total period specified in paragraph (B) above, 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 paragraph (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:

(allowance received)

X

(remaining period to be worked
following his/her return to work)


 

 

[ total period to be worked
as specified in (B) immediately above]

 

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 paragraph 2.1.1(iii) (B).

2.1.2 For the purpose of paragraphs 2.1.1(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 paragraph 2.1.1(iii)(B), without activating the recovery provisions described in paragraph 2.1.1(iii)(C).

2.1.3 Parental Allowance payments made in accordance with the SUB Plan will consist of the following:

  1. 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;
  2. for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/sheis eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate 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/she would have been eligible if no extra monies had been earned during this period.
  3. 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.

2.1.4 At the employee's request, the payment referred to in subparagraph 2.1.3(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.

2.1.5 The parental allowance to which an employee is entitled is limited to that provided in paragraph 2.1.3 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 Quebec.

2.1.6 The weekly rate of pay referred to in paragraph 2.1.3 shall be:

  1. 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;
  2. 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 paragraph (i) immediately above 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.

2.1.7 The weekly rate of pay referred to in paragraph 2.1.6 shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.

2.1.8 Notwithstanding paragraph 2.1.7, and subject to paragraph 2.1.6(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.

2.1.9 Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.

2.1.10 Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.

2.1.11 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.

2.2.0 Special Parental Allowance for Totally Disabled Employees

2.2.1 An employee who:

  1. fails to satisfy the eligibility requirement specified in subparagraph 2.1.1(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

  2. has satisfied all of the other eligibility criteria specified in paragraph 2.1.1, other than those specified in sections (A) and (B) of subparagraph 2.1.1(iii), shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in paragraph 2.2.1(i) above, 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.

2.2.2 An employee shall be paid an allowance under this clause and under paragraph 1.1.0 for a combined period of no more than the number of weeks during which the employee would have been eligible for parental, paternity or adoption benefits under the Employment Insurance or Québec Parental Insurance Plan, had the employee not been disqualified from Employment Insurance or Québec Parental Insurance Plan benefits for the reasons described in paragraph 2.2.1(i).

2.3.0 Transitional Provisions

2.3.1 If, on January 1st, 2006, an employee was on paternal leave without pay or had requested a period of such leave without pay but has not commenced the leave, he or she shall, upon request, be entitled to the provisions of this updated leave policy. Any application must be received before the termination date of the leave period originally requested.

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