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Part IV - Leave
Article 25
Leave General
25.01 With the exception of vacation leave requests and holidays, the employee must provide satisfactory validation of the circumstances necessitating requests for leave with or without pay, if required by the Employer, in such manner and at such time as may be determined by the Employer and confirmed in writing.
25.02
(a) When an employee becomes subject to this Agreement, his or her earned daily leave credits shall be converted into hours. When an employee ceases to be subject to this Agreement, his or her earned hourly leave credits shall be reconverted into days, with one (1) day being equal to seven decimal five (7.5) hours.
(b) When leave is granted, it will be granted on an hourly basis and the number of hours debited for each day of leave being equal to the number of hours of work scheduled for the employee for the day in question.
(c) Notwithstanding the above, in Article 33, "Bereavement Leave with Pay," a "day" will mean a calendar day.
25.03 Except as otherwise specified in this Agreement:
(a) Where leave without pay for a period in excess of three (3) months is granted to an employee for reasons other than illness, the total period of leave granted shall be deducted from "continuous employment" for the purpose of calculating severance pay and vacation leave.
(b) Time spent on such leave which is for a period of more than three (3) months shall not be counted for pay increment purposes.
Article 26
Vacation Leave
26.01 An employee who has earned at least ten (10) days' pay for each calendar month of a fiscal year shall earn vacation leave at the following rates:
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(a) one hundred and fifty (150) hours if the employee has completed less than eight (8) years of continuous employment;
(b) one hundred and fifty (150) hours per fiscal year if the employee has completed eight (8) years of continuous employment;
(c) one hundred and sixty-five (165) hours per fiscal year if the employee has completed sixteen (16) years of continuous employment;
(d) one hundred and seventy-two pint five (172.5) hours per fiscal year if the employee has completed seventeen (17) years of continuous employment;
(e) one hundred and eighty-seven point five (187.5) hours per fiscal year if the employee has completed eighteen (18) years of continuous employment;
(f) two hundred and two point five (202.5) hours per fiscal year if the employee has completed twenty-seven (27) years of continuous employment;
(g) two hundred and twenty-five (225) hours per fiscal year if the employee has completed twenty-eight (28) years of continuous employment.
26.02 An employee who has not received at least ten (10) days' pay for each calendar month of a fiscal year will earn vacation leave at one-twelfth (1/12) of the rate referred to in clause 26.01 for each calendar month for which he or she receives at least ten (10) days' pay.
26.03
(a) The vacation year extends from April 1 to March 31 and vacation may be scheduled by the Employer at any time during this period.
(b) Local representatives of the Union shall be given the opportunity to consult with representatives of the Employer on vacation schedules. Consistent with efficient operating requirements the Employer shall make every reasonable effort to schedule vacations in a manner acceptable to employees.
(c) Subject to operational requirements, the Employer shall make every reasonable effort to schedule an employee's vacation leave during the fiscal year it is earned. Where in any fiscal year, the Employer has not scheduled all of the vacation leave credited to an employee, the unused portion of the employee's vacation leave shall be carried over into the following fiscal year, subject to the conditions in sub-subclauses (d)(i)-(iv).
(d) It is agreed by the parties, in accordance with the intent of Article 26 that it is both appropriate and desirable that each employee utilize his or her full vacation entitlement during the vacation year in which such vacation entitlement is earned. However, an employee may elect to carry forward into the next vacation year unused vacation up to a maximum of seventy-five (75) working hours subject to the following conditions:
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(ii) that the hours which are carried over from the previous vacation year are taken at a time which is acceptable to both the Employer and the employee;
**
(iii) that an employee's vacation earned in the vacation year will be utilized before hours carried forward from the previous vacation year;
(iv) any vacation leave credits in excess of two hundred and sixty-two decimal five (262.5) hours on March 31 will be paid off at the employee's straight-time rate of pay in effect at that time.
26.04 During any vacation year, upon application by the employee and at the discretion of the Employer, earned but unused vacation leave credits in excess of one hundred and twelve decimal five (112.5) hours may be paid in cash at the employee's straight-time rate of pay as calculated from the classification prescribed in the employee's certificate of appointment of the employee's substantive position on March 31.
26.05 Where, in respect of any period of vacation leave, an employee is granted bereavement leave, or is granted sick leave on production of a medical certificate, the period of vacation leave so displaced shall either be added to the vacation period, if requested by the employee and approved by the Employer, or reinstated for use at a later date.
26.06 Where an employee dies or otherwise terminates his or her employment after a period of continuous employment of not more than six (6) months, the employee or the employee's estate shall be paid an amount equal to the earned but unused vacation leave.
26.07 Subject to clause 26.08, where an employee dies or voluntarily terminates his or her employment or is terminated from employment after a period of continuous employment of more than six (6) months, the employee or the employee's estate shall, in lieu of earned but unused vacation leave, be paid an amount equal to the product obtained by multiplying the number of hours of earned but unused vacation leave by the straight-time rate of pay applicable to the employee immediately prior to the termination of the employee's employment.
26.08 An employee whose employment is terminated pursuant to Section 12(1)(e) of the Financial Administration Act by reason of abandonment of his or her position is not entitled to receive the payment referred to in clause 26.07, unless the employee requests it within six (6) months following the date upon which the employee's employment is terminated.
26.09 Recall from Vacation Leave
Where, during any period of vacation leave, an employee is recalled to duty, the employee shall be reimbursed for reasonable expenses, as normally defined by the Employer, that he or she incurs:
(a) in proceeding to the employee's place of duty,
and
(b) in returning to the place from which the employee was recalled if he or she immediately resumes vacation upon completing the assignment for which he or she was recalled,
after submitting such accounts as are normally required by the Employer.
26.10 The employee shall not be considered as being on vacation leave during any period in respect of which the employee is entitled under clause 26.09 to be reimbursed for reasonable expenses incurred by him or her.
26.11
(a) The Employer agrees to issue advance payments of net salary for vacation periods, provided six (6) weeks' notice is received from the employee in advance of the day payment is required.
(b) Provided an employee has been authorized to proceed on vacation for the period concerned, advance payment of net salary shall be made prior to departure and shall consist of an estimated two (2), three (3), four (4) or five (5) weeks' net entitlement subsequent to the last regular pay issue.
Any overpayment in respect of such advance shall be an immediate first charge against any subsequent pay entitlement and shall be recovered in full prior to any further payment of salary.
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26.12
(a) Employees shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay on the first (1st) day of the month following the employee's second (2nd) anniversary of service.
(b) Transitional Provisions
Effective on date of signing, employees with more than two (2) years of service shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay.
(c) The vacation leave credits provided in clauses (a) and (b) above shall be excluded from the application of clause 26.03 dealing with the carry forward and/or liquidation of vacation.
Article 27
Sick Leave
27.01 An employee shall earn sick leave credits at the rate of nine point three seven five (9.375) hours for each calendar month for which that employee receives pay for at least seventy-five (75) hours.
**
27.02 An employee shall be granted sick leave with pay when the employee is unable to perform his or her duties because of illness or injury provided that:
(a) the employee has the necessary sick leave credits,
and
(b) the employee satisfies the Employer of this condition in such manner and at such time as may be determined by the Employer.
**
27.03 Unless otherwise informed by the Employer before or during the period of illness or injury, a statement signed by the employee stating that because of illness or injury the employee was unable to perform the employee's duties shall, when delivered to the Employer, be considered as meeting the requirements of paragraph 27.02(b).
27.04 An employee is not eligible for sick leave with pay during any period in which the employee is on leave of absence without pay or under suspension.
27.05 Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause 27.02, sick leave with pay may, at the discretion of the Employer, be granted for a period of up to one hundred and twelve point five (112.5) hours subject to the deduction of such advanced leave from any sick leave credits subsequently earned.
27.06 The amount of sick leave with pay already credited to an employee by the Employer at the time this agreement is signed shall be retained by the employee.
27.07 The Employer agrees that an employee whose employment is terminated for reasons of incapacity pursuant to Section 12(1)(e) of the Financial Administration Act may exhaust his or her accumulated sick leave credits prior to the termination of his or her employment.
Article 28
Injury-on-Duty Leave
28.01 An employee shall be granted injury-on-duty leave with pay for such period as may be reasonably determined by the Employer when a claim has been made pursuant to the Government Employees' Compensation Act, and a Workers' Compensation authority has notified the Employer that it has certified that the employee is unable to work because of:
(a) personal injury accidentally received in the performance of his or her duties and not caused by the employee's willful misconduct,
or
(b) an industrial illness or a disease arising out of and in the course of the employee's employment, if the employee agrees to remit to the Receiver General of Canada any amount received by him or her in compensation for loss of pay resulting from or in respect of such injury, illness or disease providing, however, that such amount does not stem from a personal disability policy for which the employee or the employee's agent has paid the premium.
Article 29
Maternity Leave
29.01 Maternity Leave without Pay
(a) 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 seventeen (17) weeks after the termination date of pregnancy.
(b) Notwithstanding sub-clause (a):
or
(ii) 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 sub-clause (a) may be extended beyond the date falling seventeen (17) 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 seventeen (17) weeks.
(c) The extension described in sub-clause (b) shall end not later than fifty-two (52) weeks after the termination date of pregnancy.
(d) The Employer may require an employee to submit a medical certificate certifying pregnancy.
(e) An employee who has not commenced maternity leave without pay may elect to:
(ii) use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in the Sick Leave Article. For purposes of this sub-clause, the terms "illness" or "injury" used in the Sick Leave Article shall include medical disability related to pregnancy.
(f) 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.
(g) Leave granted under this clause shall be counted for the calculation of "continuous employment" for the purpose of calculating severance pay and vacation leave. Time spent on such leave shall be counted for pay increment purposes.
29.02 Maternity Allowance
(a) 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 sub-clause (c) to (j), provided that she:
(ii) provides the Employer with proof that she has applied for and is in receipt of pregnancy benefits pursuant to Section 22 of the Employment Insurance Act in respect of insurable employment with the Employer,
and
(iii) has signed an agreement with the Employer stating that:
(B) following her return to work, as described in section (A), she will work for a period equal to the period she was in receipt of the maternity allowance;
(C) should she fail to return to work in accordance with section (A), or should she return to work but fail to work for the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, she will be indebted to the Employer for an amount determined as follows:
| (allowance received) | X | (remaining period to be worked following her return to work) |
| [total period to be worked as specified in (B)] |
however, an employee whose specified period of employment expired and who is rehired by the same department within a period of five (5) days or less is not indebted for the amount if her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Maternity allowance payments made in accordance with the SUB Plan will consist of the following:
and
(ii) for each week that the employee receives a pregnancy benefit pursuant to Section 22 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance pregnancy benefit she is eligible to receive and ninety-three per cent (93%) of her weekly rate of pay less any other monies earned during this period which may result in a decrease in Employment Insurance benefits to which she would have been eligible if no extra monies had been earned during this period.
(d) At the employee's request, the payment referred to in sub-clause 29.02(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance pregnancy benefits.
(e) The maternity allowance to which an employee is entitled is limited to that provided in sub-clause (c) and an employee will not be reimbursed for any amount that she may be required to repay pursuant to the Employment Insurance Act.
(f) The weekly rate of pay referred to in sub-clause (c) shall be:
(ii) 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 sub-clause (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in sub-clause (f) shall be the rate to which the employee is entitled for her substantive level to which she is appointed.
(h) Notwithstanding sub-clause (g), and subject to sub-subclause (f)(ii), if on the day immediately preceding the commencement of maternity leave without pay an employee has been on an acting assignment for at least four (4) months, the weekly rate shall be the rate she was being paid on that day.
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(i) Where an employee becomes eligible for a pay increment or upward pay revision while in receipt of the maternity allowance, the allowance shall be adjusted accordingly.
(j) Maternity allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
29.03 Special Maternity Allowance for Totally Disabled Employees
(a) An employee who:
and
(ii) has satisfied all of the other eligibility criteria specified in sub-clause 29.02(a), other than those specified in sections (A) and (B) of sub-subclause 29.02(a)(iii),
shall be paid, in respect of each week of maternity allowance not received for the reason described in sub-subclause (i), the difference between ninety-three per cent (93%) of her weekly rate of pay and the gross amount of her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.
(b) An employee shall be paid an allowance under this clause and under clause 29.02 for a combined period of no more than the number of weeks during which she would have been eligible for pregnancy benefits pursuant to Section 22 of the Employment Insurance Act had she not been disqualified from Employment Insurance pregnancy benefits for the reasons described in sub-subclause (a)(i).
