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Article 1 Purpose Of Agreement

1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the employees and the Institute, to set forth certain terms and conditions of employment relating to remuneration, hours of work, employee benefits and general working conditions affecting employees described in the certificate issued by the Public Service Labour Relations Board on June 16, 1999, covering employees of the Audit, Commerce and Purchasing Group.

1.02 The parties to this Agreement share a desire to improve the quality of the Public Service of Canada, to maintain professional standards and to promote the well-being and increased efficiency of its employees to the end that the people of Canada will be well and effectively served. Accordingly, they are determined to establish within the framework provided by law, an effective working relationship at all levels of the Public Service in which members of the bargaining units are employed.

Article 2 Interpretation And Definitions

2.01 For the purpose of this Agreement:

"bargaining unit"

means the employees of the Employer in the group described in Article 25 – Recognition;

"common-law partner"

refers to a person living in a conjugal relationship with an employee for a continuous period of at least one (1) year (conjoint de fait);

"compensatory leave"

means leave with pay in lieu of cash payment for overtime, work performed on a designated holiday, travelling time compensated at overtime rate, call-back and reporting pay. The duration of such leave will be equal to the time compensated or the minimum time entitlement multiplied by the applicable overtime rate. The rate of pay to which an employee is entitled during such leave shall be based on the employee's hourly rate of pay as calculated from the classification prescribed in the employee's certificate of appointment on the day immediately prior to the day on which leave is taken;

"continuous employment"

has the same meaning as specified in the Public Service Terms and Conditions of Employment Regulations on the date of signing of this agreement;

"daily rate of pay"

means an employee's weekly rate of pay divided by five (5);

"day of rest"

in relation to an employee means a day, other than a designated paid holiday, on which that employee is not ordinarily required to perform the duties of the employee's position other than by reason of the employee being on leave;

"designated paid holiday"

means the twenty-four (24) hour period commencing at 00:01 hour of a day designated as a holiday in this Agreement;

"double time"

means two (2) times the employee's hourly rate of pay;

"employee"

means a person so defined by the Public Service Labour Relations Act and who is a member of the bargaining unit;

"Employer"

means Her Majesty in right of Canada as represented by the Treasury Board, and includes any person authorized to exercise the authority of the Treasury Board;

"headquarters area"

has the same meaning as given to the expression in the Travel Policy;

"hourly rate of pay"

means a full-time employee's weekly rate of pay divided by thirty-seven and one-half (37 1/2);

"Institute"

means the Professional Institute of the Public Service of Canada;

"lay-off"

means the termination of an employee's employment because of lack of work or because of the discontinuance of a function;

"leave"

means authorized absence from duty by an employee during the employee's regular or normal hours of work;

"membership dues"

means the dues established pursuant to the by-laws and regulations of the Institute as the dues payable by its members as a consequence of their membership in the Institute, and shall not include any initiation fee, insurance premium, or special levy;

"overtime"

means work required by the Employer, to be performed by the employee in excess of his daily hours of work;

**

"spouse"

will, when required, be interpreted to include "common-law partner" except, for the purposes of the Foreign Service Directives, the definition of "spouse" will remain as specified in Directive 2 of the Foreign Service Directive (époux);

"straight-time rate"

means the employee's hourly rate of pay;

"time and one-half"

means one and one half (1 1/2) times the employee's hourly rate of pay;

"weekly rate of pay"

means an employee's annual rate of pay divided by 52.176.

2.02 Except as otherwise provided in this Agreement, expressions used in this Agreement,

1. if defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Public Service Labour Relations Act,
   and
2. if defined in the Interpretation Act, but not defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Interpretation Act.

Article 3 Official Texts

3.01 Both the English and French texts of this Agreement shall be official.

Article 4 Application

4.01 The provisions of this Agreement apply to the Institute, employees and the Employer.

4.02 In this Agreement, words importing the masculine gender shall include the feminine gender.

Article 5 Management Rights

5.01 All the functions, rights, powers and authority which the Employer has not specifically abridged, delegated or modified by this Agreement are recognized by the Institute as being retained by the Employer.

Article 6 Rights Of Employees

6.01 Nothing in this Agreement shall be construed as an abridgement or restriction of an employee's constitutional rights or of any right expressly conferred in an Act of the Parliament of Canada.

Article 7 Publications And Authorship

Preamble

For the purpose of this article: "Publication" shall include, for example, scientific and professional papers, articles, manuscripts, monographs, audio and visual products, and computer software.

7.01 The Employer agrees to continue the present practice of ensuring that employees have ready access to all publications considered necessary to their work by the Employer.

7.02 The Employer agrees that publications prepared by an employee, within the scope of the employee's employment, will be retained on appropriate departmental files for the normal life of such files. The Employer will not unreasonably withhold permission for publication. At the Employer's discretion, recognition of authorship will be given where practicable in departmental publications.

7.03 When an employee acts as a sole or joint author or editor of a publication, the authorship or editorship shall normally be acknowledged on such publication.

7.04

1. The Employer may suggest revisions to a publication and may withhold approval to publish.
2. When approval for publication is withheld, the author(s) shall be so informed in writing of the reasons, if requested by the employee.
3. Where the Employer wishes to make changes in a publication with which the author does not agree, the employee shall not be credited publicly if the employee so requests.

Article 8 Hours Of Work

General

8.01 For the purpose of this Article:

1. a week shall consist of seven (7) consecutive days beginning at 00:01 hours Monday and ending at 24:00 hours Sunday;
2. the day is a twenty-four (24) hour period commencing at 00:01 hours.

8.02 Employees may be required to submit monthly attendance registers; only those hours of overtime and absences need be specified.

8.03 Where operational requirements permit, the Employer will provide two (2) rest periods of fifteen (15) minutes each per full working day.

8.04 Except as provided for in clauses 8.05, 8.06 and 8.07:

1. the normal work week shall be Monday to Friday inclusive;
2. an employee shall be granted two (2) consecutive days of rest during each seven (7) day period unless operational requirements do not so permit;
3. the scheduled work week shall be thirty-seven decimal five (37.5) hours;
4. the scheduled work day shall be seven decimal five (7.5) consecutive hours, exclusive of a meal period, between the hours of 7:00 a.m. and 6:00 p.m.;
   and
5. upon the request of an employee and the concurrence of the Employer, an employee may work flexible hours on a daily basis so long as the daily hours amount to seven decimal five (7.5).

Variable Hours of Work

8.05 Compressed Work Week

1. Notwithstanding the provisions of this Article, upon request of an employee and the concurrence of the Employer, an employee may complete his or her weekly hours of employment in a period of other than five (5) full days provided that over a period of fourteen (14), twenty-one (21) or twenty-eight (28) calendar days the employee works an average of thirty-seven decimal five (37.5) hours per week. As part of the provisions of this clause, attendance reporting shall be mutually agreed between the employee and the Employer. In every of fourteen (14), twenty-one (21) or twenty-eight (28) day period such an employee shall be granted days of rest on such days as are not scheduled as a normal work day for him or her.
2. Notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in hours shall not result in any additional overtime work or additional payment by reason only of such variation, nor shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the terms of this Agreement.

Terms and Conditions Governing the Administration of Variable Hours of Work

8.06 The Employer and the Institute agree that for those employees to whom the provisions of clause 8.05 apply, the provisions of this Agreement which specifies days shall be converted to hours. Where this Agreement refers to a "day", it shall be converted to seven decimal five (7.5) hours, except in clause 17.02, Bereavement Leave with pay, where a day means a calendar day. Whenever an employee changes his or her variable hours or no longer works variable hours, all appropriate adjustments will be made.

8.07 For greater clarity, the following provisions of this Agreement shall be administered as provided herein:

1. Interpretation and Definitions (paragraph 2.01(e))
   • "Daily rate of pay" - shall not apply.
2. Overtime (paragraph 9.01(a))
   • Overtime shall be compensated for all work performed in excess of an employee's scheduled hours of work on normal working days.
3. Designated Paid Holidays (paragraph 9.01(e))
   • A designated paid holiday shall account for seven decimal five (7.5) hours.
4. Travel (clause 13.01)
   • Overtime compensation referred to in clause 13.01 shall only be applicable on a work day for hours in excess of the employee's daily scheduled hours of work.
5. Leave
   • When leave is granted, it will be granted on an hourly basis and the hours debited for each day of leave shall be the same as the hours the employee would normally have been scheduled to work on that day.
     The converted amounts are as follows:
     1. one and two-thirds (1 2/3) days - twelve decimal five zero (12.50) hours;
     2. two and one-twelfth (2 1/12) days - fifteen decimal six two five (15.625) hours;
     3. five-twelfths (5/12) day - three decimal one two five (3.125) hours;
     4. two and one-half (2 1/2) days - eighteen decimal seven five (18.75) hours.

Article 9 Overtime

9.01 When an employee is required by the Employer to work overtime he shall be compensated as follows:

1. on his normal work day, at the rate of time and one-half (1 1/2) for each hour of overtime worked for the first seven decimal five (7.5) overtime hours worked and double (2) time thereafter;
2. on his first (1^st) day of rest, at time and one-half (1 1/2) for each hour of overtime worked;
3. on his second (2^nd) or subsequent day of rest, at double (2) time for each hour of overtime worked. Second (2^nd) or subsequent day of rest means the second (2^nd) or subsequent day in an unbroken series of consecutive and contiguous calendar days of rest;
4. notwithstanding paragraph (c) above, if, in an unbroken series of consecutive and contiguous calendar days of rest, the Employer permits the employee to work the required overtime on a day of rest requested by the employee, then the compensation shall be at time and one-half (1 1/2) for the first (1^st) day worked.
5. 1. on a designated holiday, compensation shall be granted on the basis of time and one-half (1 1/2) for each hour worked, in addition to the compensation that he would have been granted had he not worked on the designated holiday;
      or
   2. when an employee works on a holiday, contiguous to a second (2^nd) day of rest on which he also worked and received overtime in accordance with paragraph 9.01(c), he shall be paid in addition to the pay that he would have been granted had he not worked on the holiday, two (2) times his hourly rate of pay for all hours worked.

9.02 All calculations for overtime shall be based on each completed period of fifteen (15) minutes.

9.03

1. Except in cases of emergency, call-back, stand-by or mutual agreement the Employer shall whenever possible give at least twelve (12) hours' notice of any requirement for the performance of overtime.
2. Subject to the operational requirements, the Employer shall make every reasonable effort to avoid excessive overtime and to offer overtime work on an equitable basis among readily available qualified employees.

**

9.04 Upon application by the employee and at the discretion of the Employer, compensation earned under this Article may be taken in the form of compensatory leave, which will be calculated at the applicable premium rate laid down in this Article. Compensatory leave earned in a fiscal year and outstanding on December 31 of the next following fiscal year shall be paid at the employee's hourly rate of pay on December 31.

**

9.05 When a payment is being made as a result of the application of this Article, the Employer will endeavour to make such payment within six (6) weeks following the end of the pay period for which the employee requests payment, or, if payment is required to liquidate compensatory leave outstanding at the expiry of the fiscal year, the Employer will endeavour to make such payment within six (6) weeks of the commencement of the first (1^st) pay period after December 31 of the next following fiscal year.

9.06

1. An employee who works three (3) or more hours of overtime immediately before or immediately following his scheduled hours of work shall be reimbursed for one meal in the amount of ten dollars and fifty cents ($10.50), except where free meals are provided. Reasonable time with pay to be determined by the Employer shall be allowed the employee in order to take a meal either at or adjacent to his place of work.
2. When an employee works overtime continuously extending four (4) hours or more beyond the period provided in (a) above, he shall be reimbursed for one additional meal in the amount of ten dollars and fifty cents ($10.50), except where free meals are provided. Reasonable time with pay, to be determined by the Employer, shall be allowed the employee in order that he may take a meal break either at or adjacent to his place of work.
3. Paragraphs 9.06(a) and (b) shall not apply to an employee who is in travel status which entitles the employee to claim expenses for lodging and/or meals.

9.07 When, in a situation involving overtime, an employee is required to report to work before public transportation services have commenced, or to remain at work or to return to work after normal transportation services have been suspended, the use of a taxi or the payment of a mileage rate, as appropriate, shall be authorized from the employee's residence to the workplace and/or return if necessary.

Article 10 Call-Back

10.01 When an employee is called back to work or when an employee who is on stand-by duty is called back to work by the Employer any time outside his normal working hours he shall be entitled to the greater of:

1. a minimum of three (3) hours' pay at the applicable overtime rate, for each call-back to a maximum of eight (8) hours' pay in an eight (8) hour period,
   or
2. compensation at the applicable overtime rate for each hour worked.

10.02 Upon application by the employee and at the discretion of the Employer, compensation earned under this Article may be taken in the form of compensatory leave, which will be calculated at the applicable premium rate laid down in this Article. Compensatory leave earned in a fiscal year and outstanding on December 31^st of the next following fiscal year shall be paid at the employee's daily rate of pay on December 31.

10.03 When a payment is being made as a result of the application of this Article, the Employer will endeavour to make such payment within six (6) weeks following the end of the pay period for which the employee requests payment, or, if payment is required to liquidate compensatory leave outstanding at the expiry of the fiscal year, the Employer will endeavour to make such payment within six (6) weeks of the commencement of the first (1^st) pay period after September 30 of the next following fiscal year.

10.04 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee's normal place of work, time spent by the employee reporting to work or returning to his or her residence shall not constitute time worked.

Article 11 Standby

11.01 When the Employer requires an employee to be available on standby during off-duty hours an employee shall be compensated at the rate of one-half (1/2) hour for each four (4) hour period or portion thereof for which he has been designated as being on standby duty.

11.02 An employee on standby who is called in to work by the Employer and who reports for work shall be compensated in accordance with Article 10, Call-Back.

11.03 An employee required to be on standby duty shall be available during his period of standby at a known telephone, cellular phone, and/or pager number and be able to return for duty as quickly as possible if called. In designating employees for standby, the Employer will endeavour to provide for the equitable distribution of standby duties.

11.04 No standby duty payment shall be granted if any employee is unable to report for duty when required.

11.05 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than an employee's normal place of work, time spent by the employee reporting to work or returning to his or her residence shall not constitute time worked.

11.06 Compensation earned under this Article shall be compensated in cash except where, upon application by the employee and at the discretion of the Employer, such compensation may be taken in the form of compensatory leave in accordance with clauses 9.04 and 9.05 of Article 9, Overtime.

Article 12 Designated Paid Holidays

12.01 Subject to clause 12.02 below, the following days shall be designated paid holidays for employees:

1. New Year's Day,
2. Good Friday,
3. Easter Monday,
4. the day fixed by proclamation of the Governor in Council for celebration of the Sovereign's birthday,
5. Canada Day,
6. Labour Day,
7. the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,
8. Remembrance Day,
9. Christmas Day,
10. Boxing Day,
11. one additional day in each year that, in the opinion of the Employer, is recognized to be a provincial or civic holiday in the area in which the employee is employed or in any area where, in the opinion of the Employer, no such day is recognized as a provincial or civic holiday, the first (1^st) Monday in August,
    and
12. one additional day when proclaimed by an Act of Parliament as a National Holiday.

12.02 An employee absent without pay on both his full working day immediately preceding and his full working day immediately following a designated paid holiday, is not entitled to pay for the holiday, except in the case of an employee who is granted leave without pay under the provisions of Article 30, Leave for Labour Relations Matters.

12.03 Designated Paid Holiday Falling on a Day of Rest

When a day designated as a paid holiday under clause 12.01 above coincides with an employee's day of rest, the holiday shall be moved to the employee's first (1^st) normal working day following his day of rest. When a day that is a designated holiday is so moved to a day on which the employee is on leave with pay, that day shall count as a holiday and not as a day of leave.

12.04 When a day designated as a paid holiday for an employee is moved to another day under the provisions of clause 12.03 above:

1. work performed by an employee on the day from which the holiday was moved shall be considered as work performed on a day of rest,
   and
2. work performed by an employee on the day to which the holiday was moved, shall be considered as work performed on a holiday.

12.05 Compensation for Work on a Paid Holiday

Compensation for work on a paid holiday will be in accordance with Article 9, Overtime.

12.06 Designated Paid Holiday Coinciding with a Day of Paid Leave

Where a day that is a designated paid holiday for an employee coincides with a day of leave with pay or is moved as a result of the application of clause 12.03 above, the designated paid holiday shall not count as a day of leave.

12.07 Where operational requirements permit, the Employer shall not schedule an employee to work both December 25 and January 1 in the same holiday season.

12.08 When an employee is required to report for work and reports on a designated holiday, he shall be paid the greater of:

1. compensation at the applicable overtime rate,
   or
2. compensation equivalent to four (4) hours' pay at his straight-time rate of pay.

Article 13 Travelling Time

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13.01 When the Employer requires an employee to travel outside the employee's headquarters area for the purpose of performing duties, the employee shall be compensated in the following manner:

1. On a normal working day on which the employee travels but does not work, the employee shall receive the employee's regular pay for the day.
2. On a normal working day on which the employee travels and works, the employee shall be paid:
   1. regular pay for the day for a combined period of travel and work not exceeding seven decimal five (7.5) hours,
      and
   2. at the applicable overtime rate for additional travel time in excess of a seven decimal five (7.5) hour period of work and travel, with a maximum payment for such additional travel time not to exceed twelve (12) hours' pay at the straight-time rate in any day, or fifteen (15) hours pay at the straight-time rate when travelling beyond North America,
3. On a day of rest or on a designated paid holiday, the employee shall be paid at the applicable overtime rate for hours travelled to a maximum of twelve (12) hours' pay at the straight-time rate, or fifteen (15) hours pay at the straight-time rate when travelling beyond North America.

13.02 For the purpose of clause 13.01 above, the travelling time for which an employee shall be compensated is as follows:

1. For travel by public transportation, the time between the scheduled time of departure and the time of arrival at a destination, including the normal travel time to the point of departure, as determined by the Employer.
2. For travel by private means of transportation, the normal time as determined by the Employer, to proceed from the employee's place of residence or work place, as applicable, direct to the employee's destination and, upon the employee's return, direct back to the employee's residence or work place.
3. In the event that an alternate time of departure and/or means of travel is requested by the employee, the Employer may authorize such alternate arrangements in which case compensation for travelling time shall not exceed that which would have been payable under the Employer's original determination.

13.03 All calculations for travelling time shall be based on each completed period of fifteen (15) minutes.

**

13.04 Upon application by the employee and at the discretion of the Employer, compensation earned under this Article may be taken in the form of compensatory leave, which will be calculated at the applicable premium rate laid down in this Article. Compensatory leave earned in a fiscal year and outstanding on December 31 of the next following fiscal year shall be paid at the employee's hourly rate of pay on December 31.

**

13.05 When a payment is being made as a result of the application of this Article, the Employer will endeavour to make such payment within six (6) weeks following the end of the pay period for which the employee requests payment, or, if payment is required to liquidate compensatory leave outstanding at the expiry of the fiscal year, the Employer will endeavour to make such payment within six (6) weeks of the commencement of the first (1^st) pay period after December 31 of the next following fiscal year.

13.06 This Article does not apply to an employee required to perform work in any type of transport in which the employee is travelling. In such circumstances, the employee shall receive pay for actual hours worked in accordance with the Articles: Hours of Work, Overtime, Designated Paid Holidays.

**

13.07 Travelling time shall include time necessarily spent at each stop-over en route provided that such stop-over does not include an overnight stay.

13.08 Compensation under this Article shall not be paid for travel time to courses, training sessions, conferences and seminars unless the employee is required to attend by the Employer.

13.09 Travel Status Leave

1. An employee who is required to travel outside his or her headquarters area on government business, as these expressions are defined by the Employer, and is away from his permanent residence for forty (40) nights during a fiscal year shall be granted seven decimal five (7.5) hours off with pay. The employee shall be credited with seven decimal five (7.5) hours off for each additional twenty (20) nights that the employee is away from his or her permanent residence to a maximum of eighty (80) additional nights.
2. The maximum number of hours off earned under this clause shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year and shall accumulate as compensatory leave with pay.
3. This leave with pay is deemed to be compensatory leave and is subject to the clause 9.04.
4. The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars, unless the employee is required to attend by the Employer.

Article 14 Leave – General

**

14.01 An employee is entitled, once in each fiscal year, to be informed, upon request, of the employee's balance of vacation or sick leave with pay credits.

14.02 The amount of leave with pay credited to an employee by the Employer at the time when this Agreement is signed, or at the time when the employee becomes subject to this Agreement, shall be retained by the employee.

**

14.03 An employee shall not be granted two (2) different types of leave with pay in respect of the same period of time.

14.04 An Employee is not entitled to leave with pay during periods the employee is on leave without pay or under suspension.

14.05 When an employee, who has been granted more vacation or sick leave with pay than has been earned, is laid-off or dies, the employee is considered to have earned the amount of leave with pay that has been granted to that employee.

**

14.06 In the event of termination of employment for reasons other than death, incapacity or lay-off, the Employer shall recover from any monies owed the employee an amount equivalent to unearned vacation and sick leave taken by the employee, as calculated from the classification prescribed in his certificate of appointment on the date of the termination of his employment.

14.07 An employee shall not earn leave credits under this collective agreement in any month for which leave has already been credited to him under the terms of any other collective agreement to which the Employer is a party or under other rules or regulations of the Employer.

14.08

1. 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 day being equal to seven decimal five (7.5 ) hours.
2. 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.
3. Notwithstanding the above, in clause 17.02, Bereavement Leave with Pay, a "day" will mean a calendar day.

Article 15 Vacation Leave

15.01 The vacation year shall be from April 1^st to March 31^st, inclusive.

**

15.02 Accumulation of Vacation Leave Credits

An employee shall earn vacation leave credits for each calendar month during which he receives pay for at least ten (10) days at the following rate:

1. nine decimal three seven five (9.375) hours at the employee's straight-time hourly rate until the month in which the employee's eighth (8^th) anniversary of service occurs;
2. twelve decimal five (12.5) hours at the employee's straight-time hourly rate commencing the month in which the employee's eighth (8^th) anniversary of service occurs;
3. thirteen decimal seven five (13.75) hours at the employee's straight-time hourly rate commencing with the month in which the employee's sixteenth (16^th) anniversary of service occurs;
4. fourteen decimal three seven five (14.375) hours at the employee's straight-time hourly rate commencing with the month in which the anniversary of the employee's seventeenth (17^th) year of service occurs;
5. fifteen decimal six two five (15.625) hours at the employee's straight-time hourly rate commencing with the month in which the anniversary of the employee's eighteenth (18^th) year of service occurs;
6. sixteen decimal eight seven five (16.875) hours at the employee's straight-time hourly rate commencing with the month in which the employee's twenty-seventh (27^th) anniversary of service occurs;
7. eighteen decimal seven five (18.75) hours at the employee's straight-time hourly rate commencing with the month in which the anniversary of the employee's twenty-eighth (28^th) anniversary of service occurs.

15.03

1. For the purpose of clause 15.02 above only, all service within the Public Service, whether continuous or discontinuous, shall count toward vacation leave except where a person who, on leaving the Public Service, takes or has taken severance pay. However, the above exception shall not apply to an employee who receives severance pay on lay-off and is reappointed to the Public Service within one (1) year following the date of lay-off.
2. Notwithstanding paragraph (a) above, an employee who was a member of the PG bargaining unit on May 17, 1989 or an employee who became a member of the PG bargaining unit between May 17, 1989 and May 31, 1990 shall retain, for the purpose of "service" and of establishing his or her vacation entitlement pursuant to this Article, those periods of former service which had previously qualified for counting as continuous employment, until such time as his or her employment in the Public Service is terminated.

15.04 Entitlement to Vacation Leave With Pay

An employee is entitled to vacation leave with pay to the extent of his earned credits but an employee who has completed six (6) months of continuous employment is entitled to an advance of credits equivalent to the anticipated credits for the vacation year.

15.05 Provision for Vacation Leave

1. Employees are expected to take all their vacation leave during the vacation year in which it is earned.
2. In order to maintain operational requirements, the Employer reserves the right to schedule an employee's vacation leave but shall make every reasonable effort:
   1. to provide an employee's vacation leave in an amount and at such time as the employee may request;
   2. not to recall an employee to duty after he has proceeded on vacation leave.

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3. The Employer shall give an employee as much notice as is practicable and reasonable of approval, denial or cancellation of a request for vacation leave. In the case of denial, alteration or cancellation of such leave, the Employer shall give the written reason thereof, upon written request from the employee.

15.06 Replacement of Vacation Leave

Where, in respect of any period of vacation leave, an employee:

1. is granted bereavement leave,
   or
2. is granted leave with pay because of illness in the immediate family,
   or
3. is granted sick leave on production of a medical certificate,
   or
4. is granted court leave in accordance with clause 17.14,

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.

15.07 Carry-Over and Liquidation of Vacation Leave

1. Where in any vacation year all of the vacation leave credited to an employee has not been scheduled, the employee may carry over into the following vacation year up to a maximum of thirty-five (35) days credits. All vacation credits in excess of thirty-five (35) days will be paid in cash at the employee's daily rate of pay as calculated from the classification prescribed in his certificate of appointment of his substantive position on the last day of the vacation year.
2. 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 fifteen (15) days may be paid in cash at the employee's daily rate of pay as calculated from the classification prescribed in his certificate of appointment of his substantive position on March 31^st, of the previous vacation year.
3. Notwithstanding paragraph (a), if on the date of signing of this Agreement or on the date an employee becomes subject to this Agreement, he or she has more than two hundred and sixty-two point five (262.5) hours of unused vacation leave credits earned during previous years, a minimum of seventy-five (75) hours credit per year shall be granted, or paid in cash by March 31^st of each year, until all vacation leave credits in excess of two hundred and sixty-two point five (262.5) hours have been liquidated. Payment shall be in one instalment per year, and shall be at his or her daily rate of pay as calculated from the classification prescribed in his or her certificate of appointment of his or her substantive position on March 31^st of the applicable previous vacation year.

15.08 Recall From Vacation Leave

Where, during any period of vacation leave, an employee is recalled to duty, he shall be reimbursed for reasonable expenses, as normally defined by the Employer, that he incurs:

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

after submitting such accounts as are normally required by the Employer.

15.09 The employee shall not be considered as being on vacation leave during any period in respect of which he is entitled under clause 15.08 above to be reimbursed for reasonable expenses incurred by him.

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15.10 Cancellation of Vacation Leave

When the Employer cancels or alters a period of vacation which it has previously approved in writing, the Employer shall reimburse the employee for the non-returnable portion of vacation contracts and reservations made by the employee in respect of that period, subject to the presentation of such documentation as the Employer may require. The employee must make every reasonable attempt to mitigate any losses incurred and will provide proof of such action, when available, to the Employer.

15.11 Advance Payments

The Employer agrees to issue advance payments of estimated net salary for vacation periods of two (2) or more complete weeks, providing a written request for such advance payment is received from the employee at least six (6) weeks prior to the last pay before the employee's vacation period commences, and providing the employee has been authorized to proceed on vacation leave for the period concerned. Pay in advance of going on vacation shall be made prior to departure. Any overpayment in respect of such pay advances 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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15.12 Leave When Employment Terminates

When an employee dies or otherwise ceases to be employed, the employee or the employee's estate shall be paid an amount equal to the product obtained by multiplying the number of days of earned but unused vacation leave with pay to his credit by the daily rate of pay as calculated from the classification prescribed in his certificate of appointment on the date of the termination of employment.

15.13 Vacation Leave Credits for Severance Pay

Where the employee requests, the Employer shall grant the employee's unused vacation leave credits prior to termination of employment if this will enable the employee, for purposes of severance pay, to complete the first (1^st) year of continuous employment in the case of lay-off, and the tenth (10^th) year of continuous employment in the case of resignation.

15.14 Abandonment

Notwithstanding clause 15.13 above, an employee whose employment is terminated by reason of a declaration that he abandoned his position is entitled to receive the payment referred to in clause 15.13 above if he requests it within six (6) months following the date upon which his employment is terminated.

15.15 Recovery on Termination

In the event of the termination of employment for reasons other than death or lay-off, the Employer shall recover from any monies owed the employee, an amount equivalent to unearned vacation leave taken by the employee, calculated on the basis of the rate of pay applicable to his classification on the date of termination.

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15.16 Appointment to a Separate Agency

Notwithstanding clause 15.12, an employee who resigns to accept an appointment with an organization listed in the FAA Schedule V may choose not to be paid for unused vacation leave credits, provided that the appointing organization will accept such credits.

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15.17 Appointment from a Separate Agency

The Employer agrees to accept the unused vacation leave credits up to a maximum of two-hundred and sixty-two decimal five (262.5) hours of an employee who resigns from an organization listed in FAA Schedule Vin order to take a position with the Employer if the transferring employee is eligible and has chosen to have these credits transferred.

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15.18

1. Employees shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay on the first (1^st) day of the month following the employee's second (2^nd) anniversary of service, as defined in clause 15.03.
2. Transitional Provisions
   • Effective on June 22, 2007, employees with more than two (2) years of service, as defined in clause 15.03, shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay.
3. The vacation leave credits provided in paragraphs 15.18(a) and (b) above shall be excluded from the application of clause 15.07 dealing with the Carry-over and/or Liquidation of Vacation Leave.

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