ARCHIVED - Research (RE) 212/216/225/229 - Collective Agreement - Archived

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Part 1 - General

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 covered by this Agreement.

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 unit 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 27, Recognition;

"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;

"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 Directive;

"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;

"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;

"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;

"weekly rate of pay"

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

"common-law partner"

refers to a person living in a conjugal relationship with an employee for a continuous period of at least one year;

"double time"

means two (2) times 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;

"overtime"

means work required by the Employer, to be performed by the employee in excess of the employee's 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 Directives.

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 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 his 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 author(s).
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.

7.05 The parties recognize that in order to promote creativity and innovation, the Employer will endeavor to apply the Award Plan for Inventors and Innovators Policy.

---

Part 2 - Working Conditions

Article 8
Hours of Work

Clauses 8.03, 8.05, 8.06, 8.07 and 8.08 do not apply to an employee classified as SE who works a flexible work year.

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 Day Work

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

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 and one-half (37 1/2) hours;
4. the scheduled work day shall be seven and one-half (7 1/2) 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 and one-half (7 1/2).

8.04 Flexible Work Year for Employees Classified as SE

This clause does not apply to an employee classified as SE covered by clauses 8.03, 8.05, 8.06, 8.07 and 8.08.

1. The conduct of scientific research requires an adaptable research environment. Accordingly, every reasonable effort will be made to maintain a research environment where working hours can be arranged to meet the needs of research programs.
2. The normal work year, subject to the leave provisions of this Agreement, shall be nineteen hundred and fifty (1950) hours, from April 1st to March 31st of the following calendar year, inclusive.
3. Each employee is expected to organize his hours of work, work days and days of rest in order to suit his individual research project(s), subject to the approval of the Employer.

Variable Hours of Work for Day Workers

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 weekly hours of employment in a period of other than five (5) full days provided that over a period of twenty-eight (28) calendar days the employee works an average of thirty-seven and one-half (37 1/2) 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 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 the employee.
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.

8.06 Winter and Summer Hours

The weekly and daily hours of work may be varied by the mutual agreement of the Employer and the employee to allow for summer and winter hours provided the annual total is not changed.

Terms and Conditions Governing the Administration of Variable Hours of Work for Day Workers

8.07 The Employer and the Institute agree that for those employees to whom the provisions of clauses 8.05 and 8.06 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 and one-half (7 1/2) hours, except in clause 18.02, Bereavement Leave with pay, where a day means a calendar day. Whenever an employee changes his variable hours or no longer works variable hours, all appropriate adjustments will be made.

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

1. Interpretation and Definitions (clause 2.01)
   • "Daily rate of pay" - shall not apply.
2. Overtime (paragraph 9.03(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 9.03(e))
   • A designated paid holiday shall account for seven and one-half (7 1/2) hours.
4. Travel (clause 14.01)
   • Overtime compensation referred to in clause 14.01 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

This article does not apply to employees classified as SE who work a flexible work year.

Clauses 9.02, 9.03 and 9.08 do not apply to the following:

• employees performing Field or Sea Research Work;
• employees classified as DS and performing Field Work.

General

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

9.02 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.

9.03 Overtime Compensation

Subject to clauses 9.04 and 9.05, when an employee is required by the Employer to work overtime, the employee shall be compensated as follows:

1. on the employee's normal work day, at the rate of time and one-half (1 1/2) for each hour of overtime worked;
2. on the employee's first (1st) day of rest, at the rate of time and one-half (1 1/2) for each hour of overtime worked;
3. on the employee's second (2nd) or subsequent day of rest, at double (2) time for each hour of overtime worked. Second (2nd) or subsequent day of rest means the second (2nd) 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 (1st) day worked;
5. on a designated holiday
   1. 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 the employee would have been granted had the employee not worked on the designated holiday;
      or
   2. when an employee works on a holiday, contiguous to a second (2nd) day of rest on which the employee also worked and received overtime in accordance with paragraph 9.03(c), the employee shall be paid in addition to the pay that the employee would have been granted had the employee not worked on the holiday, two (2) times the employee's hourly rate of pay for all time worked.

9.04 Employees on Field or Sea Research Work (except DS)

An employee on field or sea research work who is not classified as DS shall be compensated for authorized overtime performed on an hour-for-hour basis for all hours worked on a designated paid holiday or a day of rest. No remuneration shall be paid for overtime performed during the normal work week.

9.05 Employees Classified as DS on Field Work

An employee on field work who is classified as DS and is required by the Employer to work overtime 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 in excess of thirty-seven and one-half (37 1/2) hours in any one work week up to a maximum of three (3) hours' pay at the time and one-half (1 1/2) rate on any normal work day;
2. on a day of rest, at the rate of time and one-half (1 1/2) for each hour of overtime worked up to a maximum of nine (9) hours at the time and one-half (1 1/2) rate;
3. on a designated paid holiday, at the rate of time and one-half (1 1/2) for each hour of overtime worked up to a maximum of nine (9) hours at the time and one-half (1 1/2) rate plus his regular pay for the day.

Compensation in Cash or Leave With Pay

9.06 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 rate laid down in this article. Compensatory leave earned in a fiscal year and outstanding on September 30 of the next following fiscal year shall be paid at the employee's daily rate of pay on September 30.

9.07 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 during which the employee requested 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 (1st) pay period after September 30 of the next following fiscal year.

9.08 Meals

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 9.08(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.

Article 10
Call-Back

This article does not apply to the following:

• Employees classified as SE who work a flexible work year.
• Employees performing Field or Sea Research Work.
• Employees classified as DS and performing Field Work.

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,
   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 September 30 of the next following fiscal year shall be paid at the employee's daily rate of pay on September 30.

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 during which the employee requested 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 (1st) pay period after September 30 of the next following fiscal year.

Article 11
Standby

This article does not apply to the following:

• Employees classified as SE who work a flexible work year.
• Employees performing Field or Sea Research Work.
• Employees classified as DS and performing Field Work.

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 telecommunications link number and be able to return for duty as quickly as possible if called.

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

Article 12
Designated Paid Holidays

12.01 Subject to clause 12.02, 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 (1st) 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 32, 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 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:

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.

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, the designated paid holiday shall not count as a day of leave.

Article 13
Religious Observance

13.01

1. The Employer shall make every reasonable effort to accommodate an employee who requests time off to fulfill his religious obligations.
2. Employees may, in accordance with the provisions of this Agreement, request annual leave, compensatory leave, leave without pay for other reasons in order to fulfill their religious obligations.
3. Notwithstanding paragraph 13.01(b), at the request of the employee and at the discretion of the Employer, time off with pay may be granted to the employee in order to fulfill his religious obligations. The number of hours with pay so granted must be made up hour for hour within a period of six (6) months, at times agreed to by the Employer. Hours worked as a result of time off granted under this clause shall not be compensated nor should they result in any additional payments by the Employer.
4. An employee who intends to request leave or time off under this article must give notice to the Employer as far in advance as possible but no later than four (4) weeks before the requested period of absence.

Article 14
Travelling Time

14.01 When the Employer requires an employee to travel outside his 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 he travels but does not work, the employee shall receive his regular pay for the day.
2. On a normal working day on which he travels and works, the employee shall be paid:
   1. his regular pay for the day for a combined period of travel and work not exceeding seven and one-half (7 1/2) hours,
      and
   2. at the applicable overtime rate for additional travel time in excess of a seven and one-half (7 1/2) 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.
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.

14.02 For the purpose of clause 14.01, 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 his destination and, upon his return, direct back to his 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.

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

14.04 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 September 30 of the next following fiscal year shall be paid at the employee's daily rate of pay on September 30.

14.05 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 pay period after September 30 of the next following fiscal year.

14.06 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 pay for actual hours worked in accordance with the Articles, Hours of Work, Overtime, Designated Paid Holidays.

14.07 Travelling time shall include time necessarily spent at each stop-over en route up to a maximum of five (5) hours provided that such stop-over does not include an overnight stay.

14.08 Compensation under this article shall not be paid for travel time to courses, training sessions, conferences and seminars unless so provided for in the Career Development Article.

14.09 Travel Leave Status

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 or her permanent residence for forty (40) nights during a fiscal year shall be granted one (1) day off with pay. The employee shall be credited with one (1) additional day 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 days off earned under this clause shall not exceed five (5) days 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 clauses 9.06 and 9.07.
4. The provisions of this clause do not apply when the employee travels to attend courses, training sessions, professional conferences and seminars unless the employee is required to attend by the Employer.

Article 15
Leave - General

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

15.02 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 he becomes subject to this Agreement, shall be retained by the employee.

15.03 An employee who, on the day that this Agreement is signed, is entitled to receive furlough leave, that is to say, five (5) weeks' leave with pay upon completing twenty (20) years of continuous employment, retains his entitlement to furlough leave subject to the conditions respecting the granting of such leave that are in force on the day that this Agreement is signed.

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

15.05 An employee is not entitled to leave with pay during periods he is on leave without pay, on educational leave or under suspension.

15.06 When the employment of an employee who has been granted more vacation, furlough or sick leave with pay than he has earned is terminated by death or layoff, the employee is considered to have earned the amount of leave with pay granted to him.

15.07

1. When an employee becomes subject to this Agreement, his earned daily leave credits shall be converted into hours. When an employee ceases to be subject to this Agreement, his earned hourly leave credits shall be reconverted into days, with one day being equal to seven and one-half (7 1/2) 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 will be equal to the number of hours of work scheduled for the employee for the day in question.
3. Notwithstanding the above, in clause 18.02, Bereavement Leave with Pay, a "day" will mean a calendar day.

Article 16
Vacation Leave

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

16.02 Accumulation of Vacation Leave Credits

**

An employee shall earn vacation leave credits for each calendar month during which the employee receives pay for at least seventy-five (75) hours at the following rate:

1. Twelve decimal five (12.5) hours at the employee's straight–time hourly rate until the month in which the employee's sixteenth (16th) anniversary occurs;
2. thirteen decimal seven five (13.75) hours at the employee's straight-time hourly rate commencing with the month in which the employee's sixteen (16th) anniversary of service occurs;
3. 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 (17th) year of service occurs;
4. 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 (18th) year of service occurs;
5. 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 (27th) anniversary of service occurs;
6. 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 (28th) anniversary of service occurs;
7. However, an employee who is entitled to or who has received furlough leave shall have the vacation leave credits earned under this article, reduced by three decimal one two five (3.125) hours per month from the beginning of the month in which the employee completes his twentieth (20th) year of continuous employment until the beginning of the month in which the employee completes his twenty-fifth (25th) year of continuous employment.

16.03 For the purpose of clause 16.02 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 (1) year following the date of lay-off.

16.04 Entitlement to Vacation Leave With Pay

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

16.05 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.

16.06 Replacement of Vacation Leave

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

1. is granted bereavement leave,
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,

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.

16.07 Carry Over

1. Where in any vacation year, an employee has not been granted all of the vacation leave credited to him, the unused portion of the employee's vacation leave credits, up to a maximum of two hundred and sixty-two point five (262.5) hours, shall be carried over into the following vacation year. All vacation leave credits in excess of two hundred and sixty-two point five (262.5) hours shall be automatically paid in cash at the employee's daily rate of pay as calculated from the classification prescribed in the certificate of appointment of the employee's 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 one hundred and twelve point five (112.5) hours may be paid in cash at the employees' daily rate of pay as calculated from the classification prescribed in the certificate of appointment of the employee's substantive position on March 31st 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, an employee 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 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 the employee's daily rate of pay as calculated from the classification prescribed in the certificate of appointment of the employee's substantive position on March 31st of the applicable previous vacation year.

16.08 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 the employee incurs:

1. in proceeding to the employee's place of duty,
   and
2. in returning to the place from which the employee was recalled if he immediately resumes vacation upon completing the assignment for which the employee was recalled, after submitting such accounts as are normally required by the Employer.

16.09 The employee shall not be considered as being on vacation leave during any period in respect of which the employee is entitled under clause 16.08 to be reimbursed for reasonable expenses incurred by him.

16.10 Cancellation of Vacation Leave

When the Employer cancels or alters a period of vacation or furlough 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.

16.11 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.

16.12 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 and furlough leave with pay to the employee's credit by the daily rate of pay as calculated from the classification prescribed in the employee's certificate of appointment on the date of the termination of employment.

16.13 Vacation Leave Credits for Severance Pay

Where the employee requests, the Employer shall grant the employee any unused vacation leave credits prior to termination of employment if this will enable the employee, 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.

16.14 Abandonment

Notwithstanding clause 16.12, 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 16.12 if he requests it within six (6) months following the date upon which his employment is terminated.

16.15 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 the employee's classification on the date of termination.

**

16.16 Appointment to a Separate Agency

Notwithstanding clause 16.12, 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 and furlough leave credits, provided that the appointing organization will accept such credits.

**

16.17 Appointment from a Separate Agency

The Employer agrees to accept the unused vacation and furlough leave credits up to a maximum of thirty-five (35) days 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.

**

16.18

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 (1st) day of the month following the employee's second (2nd) anniversary of service, as defined in clause 16.03.
2. Transitional Provisions
   • Effective on March 23, 2009, employees with more than two (2) years of service, as defined in clause 16.03, 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 clause 16.18(a) and (b) shall be excluded from the application of paragraph 16.07 dealing with the Carry over of Vacation Leave.

Article 17
Sick Leave

17.01 Credits

An employee shall earn sick leave credits at the rate of nine decimal three hundred seventy five (9.375) hours for each calendar month for which he receives pay for at least seventy five (75) hours.

17.02 An employee shall be granted sick leave with pay when he is unable to perform his duties because of illness or injury provided that:

1. he satisfies the Employer of this condition in such a manner and at such a time as may be determined by the Employer,
   and
2. he has the necessary sick leave credits.

17.03 Unless otherwise informed by the Employer, a statement signed by the employee 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 17.02(a).

17.04 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.

17.05 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.

17.06 Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provision of clause 17.02 above, 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 and, in the event of termination of employment for other than death or lay-off, the recovery of the advance from any monies owed the employee.

17.07 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 lay-off and who is reappointed in the public service within two (2) years from the date of lay-off.

Article 18
Other Leave With or Without Pay

18.01 In respect to applications for leave made pursuant to this article, the employee may be required to provide satisfactory validation of the circumstances necessitating such requests.

18.02 Bereavement Leave with Pay

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

1. When a member of the employee's immediate family dies, an employee shall be entitled to a bereavement period of five (5) consecutive calendar days which must include the day of the funeral. During such period the employee shall be paid for those days which are not regularly scheduled days of rest for the employee. In addition, the employee may be granted up to three (3) days' leave with pay for the purpose of travel related to the death.
2. An employee is entitled to one (1) day's bereavement leave with pay for the purpose related to the death of his son-in-law, daughter-in-law, brother-in-law or sister-in-law.
3. If, during a period of sick leave, vacation leave or compensatory leave, an employee is bereaved in circumstances under which he would have been eligible for bereavement leave with pay under paragraph 18.02(a) and 18.02(b), the employee shall be granted bereavement leave with pay and his paid leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.
4. It is recognized by the parties that the circumstances which call for leave in respect of bereavement are based on individual circumstances. On request, the deputy head of a department may, after considering the particular circumstances involved, grant leave with pay for a period greater than and/or in a different manner than that provided for in paragraphs 18.02(a) and 18.02(b).
5. If, during a period of paid leave, an employee is bereaved in circumstances under which he would have been eligible for bereavement leave under this clause, he shall be granted bereavement leave and his paid leave credits shall be restored to the extent of any concurrent bereavement leave granted.

18.03 Maternity Leave without Pay

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.
2. Notwithstanding paragraph (a):
   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 while her newborn child is hospitalized,
   the period of maternity leave without pay defined in paragraph (a) 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 while the employee was not on maternity leave, to a maximum of eighteen (18) weeks.
3. The extension described in paragraph (b) shall end not later than fifty-two (52) weeks after the termination date of pregnancy.
4. The Employer may require an employee to submit a medical certificate certifying pregnancy.
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, subject to the provisions set out in Article 17, Sick Leave. For purposes of this subparagraph, the terms "illness" or "injury" used in Article 17, Sick Leave, shall include medical disability related to pregnancy.
6. An employee shall inform the Employer in writing of her plans to take 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 while termination of pregnancy is expected to occur unless there is a valid reason why the notice cannot be given.
7. Leave granted under this clause 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.

18.04 Maternity Allowance

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 (c) to (i), 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 the Québec Parental Insurance Plan in 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 section (A), she will work for a period equal to the period she was in receipt of the maternity allowance;
      3. 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: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 section (B).
2. 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).
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 maternity benefits, ninety-three per cent (93 %) of her weekly rate of pay and the recruitment and retention "terminable allowance", for each week of the waiting period, less any other monies earned during this period,
      and
   2. for each week the employee receives a maternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, she is eligible to receive the difference between ninety-three per cent (93 %) of her weekly rate and the recruitment and retention "terminable allowance" 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;
4. At the employee's request, the payment referred to in subparagraph 18.04(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance or the Québec Parental Insurance Plan maternity benefits.
5. The maternity allowance to which an employee is entitled is limited to that provided in paragraph (c) 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.
6. The weekly rate of pay referred to in paragraph (c) 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) 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.
7. The weekly rate of pay and the recruitment and retention "terminable allowance" referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she is appointed.
8. Notwithstanding paragraph (g), and subject to subparagraph (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 and the recruitment and retention "terminable allowance" she was being paid on that day.

**

9. Where an employee becomes eligible for a pay increment or pay revision that would increase the maternity allowance, the allowance shall be adjusted accordingly.
10. Maternity allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.

18.05 Special Maternity Allowance for Totally Disabled Employees

1. An employee who:
   1. fails to satisfy the eligibility requirement specified in subparagraph 18.04(a)(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 the Government Employees Compensation Act prevents her from receiving Employment Insurance or the Québec Parental Insurance maternity benefits,
      and
   2. has satisfied all of the other eligibility criteria specified in paragraph 18.04(a), other than those specified in sections (A) and (B) of subparagraph 18.04(a)(iii),
   shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93 %) of her weekly rate of pay and the recruitment and retention "terminable allowance", and the gross amount of her weekly disability benefit under the DI Plan, the LTD plan or through the Government Employees Compensation Act.
2. An employee shall be paid an allowance under this clause and under clause 18.04 for a combined period of no more than the number of weeks while she would have been eligible for maternity benefits under the Employment Insurance or the Québec Parental Insurance Plan had she not been disqualified from Employment Insurance or the Québec Parental Insurance maternity benefits for the reasons described in subparagraph 18.05(a)(i).

18.06 Medical Appointment for Pregnant Employees

1. Up to three decimal seven five (3.75) hours of time off with pay will be granted to pregnant employees for the purpose of attending routine medical appointments.
2. Where a series of continuing appointments are necessary for the treatment of a particular condition relating to the pregnancy, absences shall be charged to sick leave.

18.07 Maternity-related Reassignment or Leave

1. An employee who is pregnant or nursing may, during the period from the beginning of pregnancy to the end of the twenty-fourth (24th) week following the birth, request the Employer to modify her job functions or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of her current functions may pose a risk to her health or that of the foetus or child.
2. An employee's request under paragraph 18.07(a) above must be accompanied or followed as soon as possible by a medical certificate indicating the expected duration of the potential risk and the activities or conditions to avoid in order to eliminate the risk. Dependent upon the particular circumstances of the request, the Employer may obtain an independent medical opinion.
3. An employee who has made a request under paragraph 18.07(a) above is entitled to continue in her current job while the Employer examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to be immediately assigned alternative duties until such time as the Employer:
   1. modifies her job functions or reassigns her,
      or
   2. informs her in writing that it is not reasonably practicable to modify her job functions or reassign her.
4. Where reasonably practicable, the Employer shall modify the employee's job functions or reassign her.
5. Where the Employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the Employer shall so inform the employee in writing and shall grant leave of absence without pay to the employee for the duration of the risk as indicated in the medical certificate. However, such leave shall end no later than twenty-four (24) weeks after the birth.
6. An employee whose job functions have been modified, who has been reassigned or who is on leave of absence shall give at least two (2) weeks notice in writing to the Employer of any change in duration of the risk or the inability as indicated in the original medical certificate, unless there is a valid reason why that notice cannot be given. Such notice must be accompanied by a new medical certificate.

18.08 Parental Leave Without Pay

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. 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.
3. Notwithstanding paragraphs (a) and (b) above, at the request of an employee and at the discretion of the Employer, the leave referred to in the paragraphs (a) and (b) above may be taken in two (2) periods.
4. Notwithstanding paragraphs (a) and (b):
   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 while 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 while 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.
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.
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.
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.

18.09 Parental Allowance

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 (c) to (i), 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 the 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 or 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 section (A), 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 section 18.04(a)(iii)(B), if applicable;
      3. should he or she fail to return to work in accordance with section (A) or should he or she return to work but fail to work 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, he or she will be indebted to the Employer for an amount determined as follows:owever, 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 section (B).
2. 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).
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 or her weekly rate of pay and the recruitment and retention "terminable allowance", 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 or she is eligible to receive the difference between ninety-three per cent (93 %) of his or her weekly rate and the recruitment and retention "terminable allowance" and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his or her parental, adoption or paternity benefit to which he or 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 and the recruitment and retention "terminable allowance" for each week, less any other monies earned during this period.
4. At the employee's request, the payment referred to in subparagraph 18.09(c)(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 parental benefits.
5. The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) 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 Québec.
6. The weekly rate of pay referred to in paragraph (c) 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 subparagraph (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.
7. The weekly rate of pay referred to in paragraph (f) shall be the rate and the recruitment and retention "terminable allowance" to which the employee is entitled for the substantive level to which he or she is appointed.
8. Notwithstanding paragraph (g), and subject to subparagraph (f)(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 and the recruitment and retention "terminable allowance" the employee was being paid on that day.

**

9. Where an employee becomes eligible for a pay increment or pay revision that would increase the parental allowance, the allowance shall be adjusted accordingly.
10. Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.

**

11. The maximum combined, shared maternity and parental allowances payable under this Agreement shall not exceed fifty-two (52) weeks for each combined maternity and parental leave without pay.

18.10 Special Parental Allowance for Totally Disabled Employees

1. An employee who:
   1. fails to satisfy the eligibility requirement specified in subparagraph 18.09(a)(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 the Québec Parental Insurance benefits,
      and
   2. has satisfied all of the other eligibility criteria specified in paragraph 18.09(a), other than those specified in sections (A) and (B) of subparagraph 18.09(a)(iii),
   shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93 %) of the employee's rate of pay and the recruitment and retention "terminable allowance", and the gross amount of his or her weekly disability benefit under the DI Plan, the LTD plan or through the Government Employees Compensation Act.
2. An employee shall be paid an allowance under this clause and under clause 18.09 for a combined period of no more than the number of weeks while the employee would have been eligible for parental, paternity, or adoption benefits under the Employment Insurance or the Québec Parental Insurance Plan, had the employee not been disqualified from Employment Insurance or Québec Parental Insurance benefits for the reasons described in subparagraph 18.10(a)(i).

18.11 Leave Without Pay for the Care of Immediate Family

1. Both parties recognize the importance of access to leave for the purpose of care for the immediate family.
2. For the purpose of this article, Immediate Family is defined as spouse (or common-law partner resident with the employee), children (including foster children or children of spouse or common-law partner) parents (including stepparents or foster parents) or any relative permanently residing in the employee's household or with whom the employee permanently resides.
3. Subject to clause 18.11(b), an employee shall be granted leave without pay for the care of family in accordance with the following conditions:
   1. an employee shall notify the Employer in writing as far in advance as possible but not less than four (4) weeks in advance of the commencement date of such leave, unless, because of urgent or unforeseeable circumstances, such notice cannot be given;
   2. leave granted under this article shall be for a minimum period of three (3) weeks;
   3. the total leave granted under this article shall not exceed five (5) years during an employee's total period of employment in the public service;
   4. leave granted for a period of one (1) year or less shall be scheduled in a manner which ensures continued service delivery.
4. An employee who has proceeded on leave without pay may change his or her return to work date if such change does not result in additional costs to the Employer.
5. All leave granted under Leave Without Pay for the Long-Term Care of a Parent or under Leave Without Pay for the Care and Nurturing of Pre-School Age Children under the terms of previous Collective Agreements will not count towards the calculation of the maximum amount of time allowed for Care of Immediate Family during an employee's total period of employment in the public service.

18.12 Leave Without Pay for Personal Needs

Leave without pay will be granted for personal needs, in the following manner:

1. Subject to operational requirements, leave without pay for a period of up to three (3) months will be granted to an employee for personal needs.
2. Subject to operational requirements, leave without pay of more than three (3) months but not exceeding one (1) year will be granted to an employee for personal needs.
3. An employee is entitled to leave without pay for personal needs only once for a period of up to three (3) months and only once for a period of more than three (3) months but not exceeding one (1) year during the employee's total period of employment in the public service. Leave without pay granted under this clause may not be used in combination with maternity or parental leave without the consent of the Employer.
4. Leave without pay granted under paragraph (a) 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.
5. Leave without pay granted under paragraph (b) shall be deducted from the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave for the employee involved. Time spent on such leave shall not be counted for pay increment purposes.

18.13 Leave Without Pay for Relocation of Spouse

1. At the request of an employee, leave without pay for a period of up to one (1) year shall be granted to an employee whose spouse is permanently relocated and up to five (5) years to an employee whose spouse is temporarily relocated.
2. Leave without pay granted under this clause shall be deducted from the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave for the employee involved except where the period of such leave is less than three (3) months. Time spent on such leave which is for a period of more than three (3) months shall not be counted for pay increment purposes.

18.14 Leave with Pay for Family-Related Responsibilities

1. For the purpose of this clause, family is defined as spouse (or common-law partner resident with the employee); children (including children of legal or common-law partner); parents (including step-parents or foster parents); or any relative permanently residing in the employee's household or with whom the employee permanently resides.
2. The Employer shall grant leave with pay under the following circumstances:
   **
   1. an employee is expected to make every reasonable effort to schedule medical or dental appointments for family members to minimize or preclude his absence from work, however, when alternate arrangements are not possible an employee shall be granted leave for a medical or dental appointment when the family member is incapable of attending the appointment alone, or for appointments with appropriate authorities in schools or adoption agencies; an employee requesting leave under this provision must notify his supervisor of the appointment as far in advance as possible;
   2. leave with pay to provide for the immediate and temporary care of a sick or elderly member of the employee's family and to provide an employee with time to make alternate care arrangements where the illness is of a longer duration;
   **
   3. leave with pay for needs directly related to the birth or the adoption of the employee's child;
3. The total leave with pay that may be granted under subparagraphs (b)(i), (ii) and (iii) shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year.

18.15 Court Leave with Pay

Leave with pay shall be given to every employee, other than an employee already on leave without pay, on education leave, or under suspension who is required:

1. to be available for jury selection;
2. to serve on a jury;
   or
3. by subpoena or summons to attend as a witness in any proceeding held:
   1. in or under the authority of a court of justice or before a grand jury;
   2. before a court, judge, justice, magistrate or coroner;
   3. before the Senate or House of Commons of Canada or a committee of the Senate or House of Commons otherwise than in the performance of the duties of the employee's position;
   4. before a legislative council, legislative assembly or house of assembly, or any committee thereof that is authorized by law to compel the attendance of witnesses before it;
      or
   5. before an arbitrator or umpire or a person or body of persons authorized by law to make an inquiry and to compel the attendance of witnesses before it.

18.16 Personnel Selection Leave with Pay

Where an employee participates in a personnel selection process, including the appeal process where applicable, for a position in the public service, as defined in the Public Service Labour Relations Act, the employee is entitled to leave with pay for the period while the employee's presence is required for purposes of the selection process, and for such further period as the Employer considers reasonable for the employee to travel to and from the place where the employee's presence is so required. This clause applies equally in respect of the personnel selection processes related to deployment.

18.17 Injury-on-Duty Leave with Pay

An employee shall be granted injury-on-duty leave with pay for such reasonable period as may be determined by the Employer where it is determined by a Provincial Worker's Compensation Board that the employee is unable to perform the employee's duties because of:

1. personal injury accidentally received in the performance of the employee's duties and not caused by the employee's wilful misconduct,
2. sickness resulting from the nature of the employee's employment,
   or
3. exposure to hazardous conditions in the course of the employee's employment,

if the employee agrees to pay to the Receiver General of Canada any amount received for loss of wages in settlement of any claim the employee may have in respect of such injury, sickness or exposure, 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.

18.18 Examination Leave

Leave with pay to take examinations or defend dissertations may be granted by the Employer to an employee who is not on education leave. Such leave will be granted only where, in the opinion of the Employer, the course of study is directly related to the employee's duties or will improve the employee's qualifications.

18.19 Volunteer Leave

**

Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, a single period of up to seven decimal five (7.5) hours of leave with pay to work as a volunteer for a charitable or community organisation or activity, other than for activities related to the Government of Canada Workplace Charitable Campaign;

The leave will be scheduled at a time convenient both to the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such time as the employee may request.

18.20 Other Leave with Pay

1. At its discretion, the Employer may grant leave with pay for purposes other than those specified in this Agreement, including military or civil defence training, emergencies affecting the community or place of work, and when circumstances not directly attributable to the employee prevent the employee reporting for duty.
2. Personal Leave
   **
   • Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, a single period of up to seven decimal five (7.5) hours of leave with pay for reasons of a personal nature.
   • The leave will be scheduled at a time convenient both to the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such time as the employee may request.

18.21 Other Leave without Pay

At its discretion, the Employer may grant leave without pay for purposes other than those specified in this Agreement, including enrolment in the Canadian Armed Forces and election to a full-time municipal office.

Article 19
Career Development

19.01 General

The parties recognize that in order to promote professional expertise, employees, from time to time, need to have an opportunity to attend or participate in career development activities described in this article.

19.02 Education Leave

1. An employee may be granted education leave without pay for varying periods up to one (1) year, which can be renewed by mutual agreement, to attend a recognized institution for additional or special studies in some field of education in which special preparation is needed to enable the employee to fill the employee's present role more effectively, or to undertake studies in some field in order to provide a service which the Employer requires or is planning to provide.
2. An employee on Education Leave without pay under this article may receive an allowance in lieu of salary of up to one hundred per cent (100 %) of the employee's annual rate of pay, depending on the degree to which the education leave is deemed, by the Employer, to be relevant to organizational requirements. Where the employee receives a grant, bursary or scholarship, the education leave allowance may be reduced. In such cases, the amount of the reduction shall not exceed the amount of the grant, bursary or scholarship.
3. Allowances already being received by the employee may, at the discretion of the Employer, be continued during the period of the education leave. The employee shall be notified when the leave is approved whether such allowances are to be continued in whole or in part.
4. As a condition to the granting of education leave, an employee shall, if required, give a written undertaking prior to the commencement of the leave to return to the service of the Employer for a period of not less than the period of the leave granted. If the employee, except with the permission of the Employer:
   1. fails to complete the course,
   2. does not resume employment with the Employer on completion of the course,
      or
   3. ceases to be employed, except by reason of death or lay-off, before termination of the period the employee has undertaken to serve after completion of the course,
   the employee shall repay the Employer all allowances paid to the employee under this clause during the education leave or such lesser sum as shall be determined by the Employer.

19.03 Conferences and Professional Development

The parties to this Agreement recognize that attendance at professional or scientific conferences, symposia, workshops and other gatherings of a similar nature constitutes an integral part of an employee's professional activities and that attendance and participation in such gatherings is recognized as an important element in enhancing creativity in the conduct of scientific research or professional development. In this context, the parties also recognize the importance of research networking with national and international peers and active participation in the business and organization of relevant scientific and professional societies.

**

1. Professional or Scientific Conferences
   1. An employee will attend professional or scientific conferences when it is deemed by management that such attendance will benefit the research program or the employee's career development.
   2. Each employee will have the opportunity to attend conferences, symposia, workshops, and other gatherings of a similar nature, which the employee deems relevant and beneficial to the research program or the employee's career development. The Employer shall make a reasonable effort to approve the employee's request subject to operational requirements.
   3. An employee who attends such a conference, symposium, workshop, and other gatherings of a similar nature, shall be considered to be on duty and, as required, in travel status.
   4. An employee shall not be entitled to any compensation under Article 14, Travelling Time, in respect of hours the employee is travelling to or from a conference or similar gathering.
2. Professional Development
   1. The parties recognize the desirability of improving professional standards by giving employees the opportunity:
      1. to conduct research or to perform work related to their normal research programs in institutions or locations other than their normal place of work, including non-public service locations,
         or
      2. to carry out research in the employee's field of specialization not specifically related to the employee's assigned work projects when in the opinion of the Employer such research is needed to enable the employee to perform the employee's assigned role more adequately.
   2. An employee, in consultation with the Employer, may apply at any time for professional development under this clause, and the Employer shall make a reasonable effort to grant such professional assignments subject to operational requirements.
   3. An employee may be selected by the Employer for such development under this clause, in which case the Employer will consult with the employee before determining the location and duration of the program of work or studies to be undertaken.
   4. An employee selected for professional development under this clause will continue to receive the employee's normal compensation including any increase or improvement for which the employee may become eligible.
   5. An employee on professional development under this clause may be reimbursed for reasonable travel expenses and such other additional expenses as the Employer deems appropriate.

19.04 Selection Criteria

1. Should the Employer establish selection criteria for granting leave under clauses 19.02 and 19.03 for a specified classification, a copy of these criteria will be provided to an employee who so requests and to the Institute Representative on the Departmental Career Development Consultation Committee. The Employer, on request, will consult with the Institute Representative on the Committee with regard to the selection criteria.
2. All applications for leave under clauses 19.02 and 19.03 will be reviewed by the Employer. A list of the names of the applicants to whom the Employer grants leave under clauses 19.02 and 19.03 will be provided to the Institute Representative on the Departmental Career Development Consultation Committee.

19.05 Departmental Career Development Consultation Committee

1. The parties to this Collective Agreement acknowledge the mutual benefits to be derived from consultation on Career Development. To this effect the parties agree that such consultation will be held at the departmental level either through the existing Joint Consultation Committee or through the creation of a Departmental Career Development Consultation Committee. A consultation committee as determined by the parties, may be established at the local, regional or national level.
2. The Departmental Consultation Committee shall be composed of mutually agreeable numbers of employees and Employer representatives who shall meet at mutually satisfactory times. Committee meetings shall normally be held on the Employer's premises during working hours.
3. Employees forming the continuing membership of the Departmental Consultation Committees shall be protected against any loss of normal pay by reason of attendance at such meetings with management, including reasonable travel time where applicable.
4. The Employer recognizes the use of such committees for the purpose of providing information, discussing the application of policy, promoting understanding and reviewing problems.
5. It is understood that no commitment may be made by either party on a subject that is not within their authority or jurisdiction, nor shall any commitment made be construed as to alter, amend, add to or modify the terms of this Agreement.

19.06 Joint Institute/Treasury Board Career Development Committee

1. In addition to consultation on career development at the departmental level referred to in clause 19.05, the representatives of the Employer and the Institute agree to establish a joint Institute/Treasury Board Career Development Committee.
2. In establishing this committee, it is understood by the parties that departments are responsible for the application of the policies related to Career Development.
3. It is understood that no commitment may be made by either party on a subject that is not within their authority or jurisdiction, nor shall any commitment made be construed as to alter, amend, add to or modify the terms of this Agreement.

Article 20
Severance Pay

20.01 Under the following circumstances and subject to clause 20.02 an employee shall receive severance benefits calculated on the basis of his weekly rate of pay:

1. Lay-Off
   1. On the first (1st) lay-off two (2) weeks' pay for the first (1st) complete year of continuous employment and one (1) week's pay for each additional complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365).
   2. On second (2nd) or subsequent lay-off one week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), less any period in respect of which he was granted Severance Pay under subparagraph 20.01(a)(i) above.
2. Resignation
   • On resignation, subject to paragraph 20.01(c) and with ten (10) or more years of continuous employment, one-half (1/2) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one-half (1/2) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), up to a maximum of twenty-six (26) years with a maximum benefit of thirteen (13) weeks' pay.
3. Retirement
   • On retirement, when an employee is entitled to an immediate annuity or to an immediate annual allowance under the Public Service Superannuation Act, a severance payment in respect of the employee's complete period of continuous employment, comprised of one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay.
4. Death
   • If an employee dies, there shall be paid to the employee's estate a severance payment in respect of the employee's complete period of continuous employment, comprised of one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay, regardless of any other benefit payable.
5. Rejection on Probation
   • On rejection on probation, when an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of rejection during a probationary period, one (1) week's pay for each complete year of probation.

**

6. Termination for Cause for Reasons of Incapacity or Incompetence
   1. When an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of termination for cause of reasons of incapacity pursuant to paragraph 12(1)(e) of the Financial Administration Act, one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.
   2. When an employee has completed more than ten (10) years of continuous employment and ceases to be employed by reasons of termination for cause of reasons of incompetence pursuant to paragraph 12(2)(d) of the Financial Administration Act, one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.

20.02 The period of continuous employment used in the calculation of severance benefits payable to an employee under this article shall be reduced by any period of continuous employment in respect of which the employee was already granted severance pay, retiring leave or a cash gratuity in lieu of retiring leave. Under no circumstances shall the maximum severance pay provided under clause 20.01 be pyramided.

20.03 The weekly rate of pay referred to in the above clauses shall be the weekly rate of pay to which the employee is entitled for the classification prescribed in the employee's certificate of appointment, immediately prior to the termination of employment.

**

20.04 Notwithstanding clause 20.01, 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 severance pay provided that the appointing organization will accept the employee's Schedule I and IV of the Financial Administration Act service for its severance pay entitlement.

Article 21
Statement of Duties

21.01 Upon written request, an employee shall be entitled to a complete and current statement of the duties and responsibilities of the employee's position, including the position's classification level and the position rating form.

Article 22
Registration Fees

22.01 Both parties recognize the importance of employees becoming members of and actively participating in the business and organization of relevant scientific and professional activities, such as organizing symposiums, being committee members, office holders, editors of scientific journals and reviewers of scientific papers.

22.02 The Employer shall reimburse an employee for his payment of membership or registration fees to an organization or governing body when the payment of such fees is a requirement for the continuation of the performance of the duties of his position.

Article 23
Allowances

Diving Allowance

**

1. Employees whose job duties require them to dive (as that word is hereinafter defined) shall be paid an allowance of twenty-five dollars ($25.00) per hour. The minimum allowance shall be two (2) hours per dive.
2. A dive is the total of any period or periods of time during any eight (8) hour period in which an employee carries out required underwater work with the aid of a self-contained air supply.

23.02 Flying Allowance

1. An employee, except an employee in receipt of a responsibility allowance, who in the performance of his duties is required to work in experimental aircraft whilst in flight, shall receive an allowance of one hundred dollars ($100.00) per month provided that he completes not less than fifteen (15) hours in the performance of such duties during any period of three (3) consecutive months.
2. For the purposes of this clause an experimental aircraft is defined as an aircraft for which the Ministry of Transport has issued a flight permit valid for the purpose of experimental research.

23.03 Field or Sea Research Allowance

This clause does not apply to employees classified as DS.

1. Effective October 1, 2004, an employee who meets the conditions set forth below shall be paid a field or sea research allowance of three hundred and forty dollars ($340.00) for each fifteen (15) calendar day period, provided that:
   1. he completes a minimum of fifteen (15) calendar days on field or sea research work in a consecutive three hundred and sixty-five (365) day period,
   2. the minimum number of days referred to in (i) is made up of periods of not less than two (2) consecutive calendar days.
2. Once the conditions of (a)(i) and (ii) are met, an employee shall be paid on a pro rata basis for periods of field or sea research work of less than fifteen (15) calendar days.

Article 24
Immunization

24.01 The Employer shall provide the employee with immunization against communicable diseases where there is a risk of incurring such diseases in the performance of his duties.

Article 25
Technological Change

25.01 The parties have agreed that in cases where, as a result of technological change, the services of an employee are no longer required beyond a specified date because of lack of work or the discontinuance of a function, the Workforce Adjustment Agreement in Appendix E concluded by the parties will apply. In all other cases, the following clauses will apply:

25.02 In this article "Technological Change" means:

1. the introduction by the Employer of equipment or material of a substantially different nature than that previously utilized which will result in significant changes in the employment status or working conditions of employees;
   or
2. a major change in the Employer's operation directly related to the introduction of that equipment or material which will result in significant changes in the employment status or working conditions of the employees.

25.03 Both parties recognize the overall advantages of technological change and will, therefore, encourage and promote technological change in the Employer's operations. Where technological change is to be implemented, the Employer will seek ways and means of minimizing adverse effects on employees which might result from such changes.

25.04 The Employer agrees to provide as much advance notice as is practicable but, except in cases of emergency, not less than one hundred and twenty (120) days written notice to the Institute of the introduction or implementation of technological change.

25.05 The written notice provided for in clause 25.04 will provide the following information:

1. the nature and degree of change;
2. the anticipated date or dates on which the Employer plans to effect change;
3. the location or locations involved.

25.06 As soon as reasonably practicable after notice is given under clause 25.04, the Employer shall consult with the Institute concerning the effects of the technological change referred to in clause 25.04 on each group of employees. Such consultation will include but not necessarily be limited to the following:

1. the approximate number, class and location of employees likely to be affected by the change;
2. the effect the change may be expected to have on working conditions or terms and conditions of employment on employees.

25.07 When, as a result of technological change, the Employer determines that an employee requires new skills or knowledge in order to perform the duties of his substantive position, the Employer will make every reasonable effort to provide the necessary training during the employee's working hours and at no cost to the employee.

Article 26
Safety and Health

26.01 The Employer shall continue to make all reasonable provisions for the occupational safety and health of employees. The Employer will welcome suggestions on the subject from the Institute and the parties undertake to consult with a view to adopting and expeditiously carrying out reasonable procedures and techniques designed or intended to prevent or reduce the risk of employment injury or occupational illness.

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