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7.01 Day Work
7.02 Notwithstanding clause 7.01, the Employer may vary the normal weekly and daily hours of work to allow for summer and winter hours, provided the annual total is not changed.
7.03 An employee shall be granted two (2) consecutive days of rest during each seven (7) day period unless operational requirements do not so permit.
7.04 The representative of each of the parties hereto shall, during the currency of this agreement, meet and consider the practicality of instituting work schedules that vary from seven decimal five (7.5) hours per day, Monday through Friday each week and/or vary from five (5) days per week. The parties shall make every reasonable effort to establish mutually acceptable work schedules that are consistent with operational requirements and shall particularly consider any specific proposals made by an employee or employees. If employees' requests for a variation in hours of work are consistent with the needs of the operational requirements, then such requests shall be implemented.
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.
7.05 For an employee who completes required hours of work pursuant to clause 7.04, the agreement shall be administered as follows:
7.06 Shift Work
When, because of the operational requirements of the Service, hours of work are scheduled for employees on a rotating or irregular basis, they shall be scheduled so that employees:
7.07 Every reasonable effort shall be made by the employer to consider the wishes of the employees concerned in the arrangement of shifts within a shift schedule.
7.08 The Employer will make every reasonable effort:
7.09 The staffing, preparation, posting and administration of shift schedules is the responsibility of the Employer.
7.10 The Employer shall set up a shift schedule, which shall cover a period not exceeding two (2) months and not less than twenty-eight (28) consecutive days.
7.11 Provided sufficient advance notice is given and with the approval of the Employer, employees may exchange shifts if there is no increase in cost to the Employer.
7.12
7.13 Where a new shift schedule has to be introduced by the Employer or an existing shift schedule has to be modified, the Employer, in advance, except in cases of emergency, will consult with the Institute on the timing of such shifts.
7.14 For the purpose of this agreement, when an employee's shift does not commence and end on the same day, such shift shall be deemed for all purposes to have been entirely worked:
7.15 A meal period shall be scheduled as close to the mid-point of the shift as possible. In the event that an employee is required by the Employer to work through the meal period, such employee will be paid for the meal period, at the applicable rate.
7.16 Where the Employer is considering the introduction of shift work in a work unit, except in cases of emergency, the employer will inform the Institute at least two (2) months in advance of the introduction of the shift work arrangement.
7.17 General
Employees will submit monthly attendance registers; only hours of overtime and absences need be specified.
7.18 Shift Principle
8.01 An employee at Level CS-1, 2, 3 and 4 who is required to work overtime shall be compensated as follows:
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8.02 Meal Allowance
8.03 Reporting Pay
When an employee is required to report for work on a day of rest or a designated paid holiday, he shall be paid the greater of:
8.04 Employees shall record starting and finishing times of overtime work in a form determined by the Employer.
8.05 All calculations for overtime shall be based on each completed period of fifteen (15) minutes.
8.06 Except in cases of emergency, call-back, or mutual agreement, the Employer shall, wherever possible, give at least twelve (12) hours' notice of any requirement for overtime.
8.07 The Employer will endeavour to make cash payments for overtime in the month following the month in which the credits were granted.
8.08
8.09 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.
8.10 Equitable Distribution of Overtime
Subject to the operational requirements of the service, the Employer shall make every reasonable effort to allocate overtime work on an equitable basis among readily available qualified employees.
9.01 When an employee, after having completed his normal hours of work, has left his place of work and prior to reporting for his next regular scheduled work period, is called back to work for a period of non-contiguous overtime, he shall be entitled to the greater of:
9.02 Compensation earned under this article may be taken in the form of compensatory leave subject to clause 8.08 of Article 8, Overtime.
9.03 When an employee is called back to work under the conditions described in clause 9.01 and is required to use transportation services other than normal public transportation services, he shall be reimbursed for reasonable expenses incurred as follows:
Time spent by the employee called back to work or returning to his residence shall not constitute time worked.
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10.01 When the Employer requires an employee to be readily available on stand-by 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 stand-by duty.
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10.02 An employee shall be designated by letter or by list for stand-by duty and shall be available during his period of stand-by at a known telephone number and be readily able to return for duty as quickly as possible if called. In designating employees for stand-by duty the Employer will endeavour to provide for the equitable distribution of stand-by duties.
10.03 No stand-by duty payment shall be granted if an employee is unable to report for duty when required.
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10.04 An employee on stand-by duty who is required to report for work shall be paid, in addition to the stand-by pay, in accordance with clause 9.01.
10.05 When an employee on stand-by duty is called back for work under the conditions described in clause 10.04 and is required to use transportation services other than normal public transportation services, he shall be compensated in accordance with clause 9.03 of this Agreement.
10.06 The Employer agrees that in the areas and in the circumstances where electronic paging devices are both practicable and efficient they will be provided without cost to those employees on stand-by duty.
10.07 Compensation earned under this article may be taken in the form of compensatory leave subject to clause 8.08 of Article 8, Overtime.
11.01 Shift Premium
An employee on shift work shall receive a shift premium of two dollars ($2.00) per hour for all hours (including overtime hours) worked between 16:00 and 08:00 hours. The shift premium will not be paid for hours worked between 08:00 and 16:00 hours.
11.02 Weekend Premium
12.01 Subject to clause 12.02, the following days shall be designated paid holidays for employees:
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 29, Leave for Staff 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 coincides with an employee's day of rest, the holiday shall be moved to the employee's first (1st) normal working day following his day of rest.
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:
12.05 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, that day shall count as a holiday and not count as a day of leave.
13.01 For the purposes of this Agreement, travelling time is compensated for only in the circumstances and to the extent provided for in this Article.
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13.02 When an employee is required to travel outside his headquarters area on government business, as these expressions are defined by the Employer, the time of departure and the means of such travel shall be determined by the Employer and the employee will be compensated for travel time in accordance with clauses 13.03 and 13.04. Travelling time shall include time necessarily spent at each stopover en route provided that such stopover does not include an overnight stay.
13.03 For the purposes of clauses 13.02 and 13.04, the travelling time for which an employee shall be compensated is as follows:
13.04 If an employee is required to travel as set forth in clauses 13.02 and 13.03:
13.05 Compensation shall not be paid for travelling time to courses, training sessions, conferences and seminars to which an employee is sent for the purpose of career development, unless he is required to attend by the Employer.
13.06 This Article does not apply to an employee required to perform work in any type of transport in which he is travelling. In such circumstances, the employee shall receive the greater of:
13.07 Compensation earned under this article may be taken in the form of compensatory leave subject to clause 8.08 of Article 8, Overtime.
13.08 Travel Leave Status
14.01
14.02 When the employment of an employee who has been granted more vacation or sick leave with pay than he has earned is terminated by death, the employee is considered to have earned the amount of leave with pay granted to him.
14.03 When the employment of an employee who has been granted more vacation or sick leave with pay than he has earned is terminated by lay-off, he is considered to have earned the amount of leave with pay granted to him.
14.04 An employee is entitled, once in each fiscal year, to be informed, upon request, of the balance of his vacation or sick leave with pay credits.
14.05 The employee shall retain the amount of leave with pay credited to the employee by the Employer at the time when this Agreement is signed, or at the time when he becomes subject to this Agreement.
14.06 Notwithstanding anything contained in Article 15, Vacation Leave, Article 16, Sick Leave, and Article 17, Other Leave With or Without Pay, an employee shall not be granted vacation leave, sick leave, or other types of leave with pay while he is on leave without pay or under suspension.
15.01 The vacation year shall be from April 1 to March 31, inclusive.
15.02 Accumulation of Vacation Leave Credits
An employee shall earn vacation leave credits at the rate described in (a) below for each calendar month during which he or she receives pay for at least seventy-five (75) hours.
Conversion Examples
15.03 For the purpose of clause 15.02 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 year following the date of lay-off.
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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 may receive an advance of credits equivalent to the anticipated credits for the current vacation year.
15.05 Provision for Vacation Leave
15.06 The Employer shall give the employee as much notice as is practicable that a request for vacation leave has or has not been approved,denied, altered or cancelled. In the case of denial, alteration or cancellation, the Employer shall give the written reason(s) thereof, upon written request from the employee.
15.07 Where in any vacation year all of the vacation leave credited to an employee has not been scheduled, upon request, the employee may carry-over into the following vacation year up to a maximum of two hundred sixty-two point five (262.5) hours credits. All vacation leave credits in excess of two hundred sixty-two point five (262.5) hours will be paid in cash at the employee's hourly 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.
15.08 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 twelve point five (112.5) hours 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, of the previous vacation year.
15.09 Recall from Vacation Leave
Where, during any period of vacation or compensatory leave, an employee is recalled to duty, he shall be reimbursed for reasonable expenses, as normally defined by the Employer, that he incurs:
15.10 The employee shall not be considered as being on vacation or compensatory leave during any period in respect of which he is entitled under clause 15.09 to be reimbursed for reasonable expenses incurred by him.
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15.11 Cancellation or Alteration of Vacation Leave
When the Employer cancels or alters a period of vacation, or compensatory leave 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.
15.12 Leave when Employment Terminates
When an employee dies or otherwise ceases to be employed, he or his estate shall be paid an amount equal to the product obtained by multiplying the number of hours of earned but unused vacation leave with pay to his credit by the hourly rate of pay as calculated from the classification prescribed in his certificate of appointment on the date of the termination of his employment.
15.13 Abandonment
Notwithstanding clause 15.12, 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 15.12 if he requests it within six (6) months following the date upon which his employment is terminated.
15.14 Where in respect of any period of vacation leave with pay, an employee:
the period of vacation leave with pay, 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.
15.15 Vacation Leave Credits for Severance Pay
Where the employee requests, the Employer shall grant the employee his unused vacation leave credits prior to termination of employment if this will enable him, for purposes of severance pay, to complete the first (1st) year of continuous employment in the case of lay-off, and the tenth (10th) year of continuous employment in the case of resignation.
15.16 Appointment to a Separate Agency
Notwithstanding clause 15.12, an employee who resigns to accept an appointment with an organization listed in Schedule V of the Financial Administration Act may choose not to be paid for unused vacation leave credits, provided that the appointing organization will accept such credits.
15.17 Appointment from a Separate Agency
The Employer agrees to accept the unused vacation leave credits up to a maximum of two hundred sixty two decimal five hours of an employee who resigns from an organization listed in Schedule V of the Financial Administration Act in 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
16.01 Credits
16.02 Granting of Sick Leave
An employee shall be granted sick leave with pay when he is unable to perform his duties because of illness or injury provided that:
16.03 Unless the employee is otherwise informed by the Employer, a statement signed by him stating that because of illness or injury he was unable to perform his duties shall, when delivered to the Employer, be considered as meeting the requirements of paragraph 16.02(a).
16.04 An employee shall not be granted sick leave with pay during any period in which he is on leave of absence without pay, or under suspension.
16.05 When an employee is granted sick leave with pay and injury-on-duty leave is subsequently approved for the same period, it shall be considered for the purpose of the record of sick leave credits that the employee was not granted sick leave with pay.
16.06 Advance of Credits
Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause 16.02, sick leave with pay may, at the discretion of the Employer, be granted to an employee for a period of up to one hundred eighty seven decimal five (187.5) hours, subject to the deduction of such advanced leave from any sick leave credits subsequently earned.
16.07 The Employer may for good and sufficient reason advance sick leave credits to an employee when a previous advance has not been fully reimbursed.
16.08 Sick leave credits earned but unused by an employee during a previous period of employment in the Public Service shall be restored to an employee whose employment was terminated by reason of layoff and who is reappointed in the Public Service within two (2) years from the date of layoff.
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16.09 The Employer agrees that an employee recommended for release from employment pursuant to Section 12(1)(e) of the Financial Administration Act for incapacity by reason of ill-health shall not be released at a date earlier than the date at which the employee will have utilized the employee's accumulated sick leave credits.