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ARCHIVED - Operational Services Group (SV) - Table 2


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Article 21
Joint Consultation

21.01 The parties acknowledge the mutual benefits to be derived from joint consultation and are prepared to enter into discussion aimed at the development and introduction of appropriate machinery for the purpose of providing joint consultation on matters of common interest.

21.02 Within five (5) days of notification of consultation served by either party, the Alliance shall notify the Employer in writing of the representatives authorized to act on behalf of the Alliance for consultation purposes.

21.03 Upon request of either party, the parties to this Agreement shall consult meaningfully at the appropriate level about contemplated changes in conditions of employment or working conditions not governed by this Agreement.

21.04 Without prejudice to the position the Employer or the Alliance may wish to take in future about the desirability of having the subjects dealt with by the provisions of collective agreements, the subjects that may be determined as appropriate for joint consultation will be by agreement of the parties.

Article 22
Health and Safety

22.01 The Employer shall make reasonable provisions for the occupational safety and health of employees. The Employer will welcome suggestions on the subject from the Alliance, 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.

Article 23
Job Security

23.01 Subject to the willingness and capacity of individual employees to accept relocation and retraining, the Employer will make every reasonable effort to ensure that any reduction in the workforce will be accomplished through attrition.

Article 24
Technological Change

24.01 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, Appendix I on Workforce Adjustment will apply. In all other cases the following clauses will apply.

24.02 In this article "Technological Change" means:

(a) the introduction by the Employer of equipment or material of a different nature than that previously utilized;

and

(b) a change in the Employer's operation directly related to the introduction of that equipment or material.

24.03 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.

24.04 The Employer agrees to provide as much advance notice as is practicable but, except in cases of emergency, not less than one hundred and eighty (180) days written notice to the Alliance of the introduction or implementation of technological change when it will result in significant changes in the employment status or working conditions of the employees.

24.05 The written notice provided for in clause 24.04 will provide the following information:

(a) the nature and degree of the technological change;

(b) the date or dates on which the Employer proposes to effect the technological change;

(c) the location or locations involved;

(d) the approximate number and type of employees likely to be affected by the technological change;

(e) the effect that the technological change is likely to have on the terms and conditions of employment of the employees affected.

24.06 As soon as reasonably practicable after notice is given under clause 24.04, the Employer shall consult meaningfully with the Alliance concerning the rationale for the change and the topics referred to in paragraph 24.05 on each group of employees, including training.

24.07 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 the employee's substantive position, the Employer will make every reasonable effort to provide the necessary training during the employee's working hours without loss of pay and at no cost to the employee.

Article 25
Hours of Work

Exclusions

This article does not apply to the FR, LI and SC Groups.

25.01 For the purposes of this article:

Definitions

(a) "day" means a twenty-four (24) hour period commencing at 00:00 hour;

(b) "week" means a period of seven (7) consecutive days beginning at 00:00 hour Monday morning and ending at 24:00 hours the following Sunday night;

Shift Work

(c) a "shift schedule" means the arrangement of shifts over a given period of time and includes days of rest and designated paid holidays;

(d) a "shift" means the rotation through two (2) or more periods of eight (8) hours or longer where the Employer requires coverage of sixteen (16) hours or more each day; or, where the Employer requires the employee to work on a non-rotating and indefinite basis on evening or night duty of which half (1/2) or more of the hours are scheduled between 1800 hours and 0600 hours.

25.02

(a) For employees who work five (5) consecutive days per week on a regular and non-rotating basis, the Employer shall schedule the hours of work so that these employees work the standard work week as specified in the Group Specific Appendix.

(b) When hours of work are scheduled for employees on a rotating or irregular basis, the Employer shall schedule the hours of work so that employees work an average of hours as specified in the Group Specific Appendix.

(c) The implementation of hours of work other than those specified in paragraphs 25.02(a) or (b) are subject to the provisions of Article 28, Variable Hours of Work.

25.03 The Employer will make every reasonable effort:

(a) not to schedule the commencement of a shift within eight (8) hours of the completion of the employee's previous shift,

and

(b) to avoid excessive fluctuation in hours of work.

25.04 The Employer will review with the local Alliance representative(s) any change in hours of work which the Employer proposes to institute, when such change will affect the majority of the employees governed by the schedule. In all cases following such reviews, the Employer will, where practical, accommodate such employee representations as may have been conveyed by the Alliance representative(s) during the meeting.

By mutual agreement, in writing, the Employer and the local Alliance representative(s) may waive the application of change of shift with no notice provisions.

25.05 Scheduled of hours of work shall be posted at least fifteen (15) calendar days in advance of the starting date of the new schedule, and the Employer shall, where practical, arrange schedules which will remain in effect for a period of not less than twenty-eight (28) calendar days. The Employer shall also endeavour, as a matter of policy, to give an employee at least two (2) consecutive days of rest at a time. Such two (2) consecutive days of rest may be separated by a designated paid holiday, and the consecutive days of rest may be in separate calendar weeks.

Days of Rest

25.06 When an employee's scheduled shift does not commence and end on the same day, such shift shall be deemed to have been entirely worked:

(a) on the day it commenced where half (1/2) or more of the hours worked fall on that day,

or

(b) on the day it terminates where more than half (1/2) of the hours worked fall on that day.

Accordingly, the first (1st) day of rest will be deemed to start immediately after midnight of the calendar day on which the employee worked or is deemed to have worked his or her last scheduled shift; and the second (2nd) day of rest will start immediately after midnight of the employee's first (1st) day of rest, or immediately after midnight of an intervening designated paid holiday if days of rest are separated thereby.

25.07 An employee's scheduled hours of work shall not be construed as guaranteeing the employee minimum or maximum hours of work.

25.08 Provided sufficient advance notice is given and with the approval of the Employer, employees may exchange shifts if there is no increase in cost to the Employer.

Article 26
Shift Principle

26.01

(a) When a full-time indeterminate employee is required to attend one of the following proceedings outside a period which extends before or beyond three (3) hours his or her scheduled hours of work on a day during which he or she would be eligible for a Shift Premium, the employee may request that his or her hours of work on that day be scheduled between 7 a.m. and 6 p.m.; such request will be granted provided there is no increase in cost to the Employer. In no case will the employee be expected to report for work or lose regular pay without receiving at least twelve (12) hours of rest between the time his or her attendance was no longer required at the proceeding and the beginning of his or her next scheduled work period.

(i) Public Service Staff Relations Board Proceedings

Clauses 14.01, 14.02, 14.04, 14.05 and 14.06.

(ii) Contract Negotiation and Preparatory Contract Negotiation Meetings

Clauses 14.09 and 14.10.

(iii) Personnel Selection Process

Article 48.

(iv) To write Provincial Certification Examinations which are a requirement for the continuation of the performance of the duties of the employee's position.

(v) Training Courses which the employee is required to attend by the Employer.

(b) Notwithstanding paragraph (a), proceedings described in subparagraph (v) are not subject to the condition that there be no increase in cost to the Employer.

Article 27
Shift and Weekend Premiums

Exclusions

This article does not apply to the FR, LI and SC Groups.

This article does not apply to employees working hours of work not defined as a shift, covered by clause 25.02, Article 28 or clauses 2.02 and 2.03 of Appendix B; clauses 2.01 and 2.02 of Appendix C, clauses 2.03 and 2.04 of Appendix D, clauses 2.01 and 2.02 of Appendix E, and clause 1.01 of Appendix H.

27.01 Shift Premium

An employee working on shifts will receive a shift premium of two dollars ($2.00) per hour for all hours worked, including overtime hours, between 4:00 p.m. and 8:00 a.m. The shift premium will not be paid for hours worked between 8:00 a.m. and 4:00 p.m.

27.02 Weekend Premium

(a) An employee working during the weekend will receive an additional premium of two dollars ($2.00) per hour, including overtime hours, for all hours worked on Saturday or Sunday.

(b) Paragraph (a) shall not apply to employees whose regular hours of work are scheduled from Monday to Friday.

Article 28
Variable Hours of Work

Exclusions

This article does not apply to the FR, and LI Groups and the SC Group other than those employees subject to Annex B of Appendix G (Conventional Work System).

Work Unit

28.01 Any special arrangement may be at the request of either party and must be mutually agreed between the Employer and the majority of employees and shall apply to all employees at the work unit.

Employee

28.02 Upon request of an employee and the concurrence of the Employer, an employee may complete the weekly hours of employment in a period of other than five (5) full days provided that over a period of up to twenty-eight (28) calendar days, the employee works an average of the weekly hours specified in the relevant Group Specific Appendix.

28.03 The employee shall be granted days of rest on such days as are not scheduled as a normal work day for the employee.

Terms and Conditions Governing the Administration of Variable Hours of Work

28.04 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.

28.05

(a) The scheduled hours of work of any day may exceed or be less than the daily hours specified in the Group Specific Appendix; starting and finishing times, meal breaks and rest periods shall be determined according to operational requirements as determined by the Employer and the daily hours of work shall be consecutive.

(b) Such schedules shall provide an average of work per week over the life of the schedule as specified in the Group Specific Appendix.

(i) The maximum life of a shift schedule shall be six (6) months.

(c) Whenever an employee changes his or her variable hours or no longer works variable hours, all appropriate adjustments will be made.

28.06 Specific Application of this Agreement

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

(a) Interpretation and Definitions

"Daily rate of pay" - shall not apply.

(b) Minimum Number of Hours Between Shifts

Provisions relating to the minimum period between the termination and commencement of the employee's next shift, shall not apply.

(c) Exchange of Shifts

On exchange of shifts between employees, the Employer shall pay as if no exchange had occurred.

(d) Overtime

Overtime shall be compensated for all work performed on regular working days or on days of rest at time and three-quarter (1 3/4).

(e) Designated Paid Holidays

(i) A designated paid holiday shall account for the normal daily hours of work as specified in the relevant Group Specific Appendix.

(ii) When an employee works on a Designated Paid Holiday, the employee shall be compensated, in addition to the pay for the hours specified in sub-paragraph (i), at time and one-half (1 1/2) up to his or her regular scheduled hours worked and at double (2) time for all hours worked in excess of his or her regular scheduled hours.

(f) Travel

Overtime compensation referred to in clause 33.04 shall only be applicable on a work day for hours in excess of the employee's daily scheduled hours of work.

(g) Acting Pay

The qualifying period for acting pay as specified in paragraph 61.07 shall be converted to hours.

Article 29
Overtime

Exclusions

This article does not apply to the FR, LI and SC Groups.

General

29.01 Compensation under this article shall not be paid for overtime worked by an employee at courses, training sessions, conferences and seminars unless the employee is required to attend by the Employer.

29.02 Where overtime work is authorized in advance by the Employer, an employee is entitled to overtime compensation for each completed fifteen (15) minute period of overtime worked by the employee.

29.03 Payments provided under this article shall not be pyramided; that is an employee shall not receive more than one compensation for the same service.

29.04 Assignment of Overtime Work

Subject to the operational requirements of the service, the Employer shall make every reasonable effort:

(a) to allocate overtime work on an equitable basis among readily available qualified employees,

and

(b) to give employees who are required to work overtime adequate advance notice of this requirement.

29.05 The Alliance is entitled to consult the Deputy Head or the Deputy Head's delegated representative whenever it is alleged that employees are required to work unreasonable amounts of overtime.

29.06 Overtime Compensation

Subject to clause 29.02, an employee is entitled to time and one-half (1 1/2) compensation for each hour of overtime worked by the employee.

29.07 Notwithstanding clause 29.06, an employee is entitled to double (2) time for each hour of overtime worked by the employee,

(a) on a scheduled day of work or a first (1st) day of rest, after a period of overtime equal to the normal daily hours of work specified in the Group Specific Appendix;

and

(b) on a second (2nd) or subsequent day of rest, provided the days of rest are consecutive, except that they may be separated by a designated paid holiday;

and

(c) where an employee is entitled to double (2) time in accordance with paragraphs (a) or (b) above and has worked a period of overtime equal to the normal daily hours of work specified in the Group Specific Appendix, the employee shall continue to be compensated at double (2) time for all hours worked until he or she is given a period of rest of at least eight (8) consecutive hours.

29.08 Compensatory Leave

Compensation earned under this article shall be compensated in accordance with Article 62.

29.09 Overtime Meal Allowance

(a) An employee who works three (3) or more hours of overtime,

(i) immediately before the employee's scheduled hours of work and who has not been notified of the requirement prior to the end of the employee's last scheduled work period,

or

(ii) immediately following the employee's scheduled hours of work.

shall be reimbursed for one (1) meal in the amount of ten dollars ($10), except where a free meal is provided or when the employee is being compensated on some other basis. Reasonable time with pay, to be determined by management, shall be allowed the employee in order that the employee may take a meal break either at or adjacent to the employee's place of work.

(b) When an employee works overtime continuously extending four (4) hours or more beyond the period provided in (a) above, the employee shall be reimbursed for one (1) additional meal in the amount of ten dollars ($10) after each four (4) hour period, except where free meals are provided or when the employee is being compensated on some other basis. Reasonable time with pay, to be determined by management, shall be allowed the employee in order that the employee may take a meal break either at or adjacent to the employee's place of work

(c) This clause shall not apply to an employee who is in travel status, which entitles the employee to claim expenses for lodging and/or meals.

Article 30
Call-Back Pay

Exclusions

This article does not apply to the LI Group.

30.01 If an employee is called back to work

(a) on a designated paid holiday which is not the employee's scheduled day of work,

or

(b) on the employee's day of rest,

or

(c) after the employee has completed his or her work for the day and has left his or her place of work,

and returns to work, the employee shall be paid the greater of:

(i) Compensation equivalent to three (3) hours' pay at the applicable overtime rate of pay for each call-back to a maximum of eight (8) hours' compensation in an eight (8) hour period,

or

(ii) compensation at the applicable rate of overtime compensation for time worked,

provided that the period worked by the employee is not contiguous to the employee's normal hours of work.

(d) The minimum payment referred to in 30.01(c)(i) above, does not apply to part-time employees. Part-time employees will receive a minimum payment in accordance with clause 59.06.

30.02 Compensatory Leave

Compensation earned under this article shall be compensated in accordance with Article 62.

No Pyramiding of Payments

30.03 Payments provided under Overtime and Reporting Pay provisions of the Agreement, the Designated Paid Holiday and Standby provisions of the Agreement and clause 30.01 above shall not be pyramided, that is an employee shall not receive more than one compensation for the same service.

30.04 This article does not apply where an employee who has accommodation on board a vessel and:

(a) is not in his or her home port, reports for sailing in accordance with posted sailing orders or as otherwise required by the Master,

or

(b) is on the Employer's premises at the time of notification of the requirement to work overtime.

Article 31
Standby

Exclusions

This article does not apply to the FR, LI or SC Groups.

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

31.02

(a) An employee designated by letter or by list for standby duty shall be available during his or her period of standby at a known telephone number and be available to return for duty as quickly as possible, if called.

(b) In designating employees for standby, the Employer will endeavour to provide for the equitable distribution of standby duties.

(c) No standby payment shall be granted if an employee is unable to report for duty when required.

(d) An employee on standby who is required to report for work and reports shall be compensated in accordance with clause 30.01 or the reporting pay provisions found in the relevant Group Specific Appendix, and is also eligible for reimbursement of transportation expenses in accordance with Article 67.

31.03 Compensatory Leave

Compensation earned under this article shall be compensated in accordance with Article 62.

Article 32
Designated Paid Holidays

32.01 Subject to clause 32.02, the following days shall be designated paid holidays for employees:

(a) New Year's Day,

(b) Good Friday,

(c) Easter Monday,

(d) the day fixed by proclamation of the Governor in Council for celebration of the Sovereign's Birthday,

(e) Canada Day,

(f) Labour Day,

(g) the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving

(h) Remembrance Day,

(i) Christmas Day,

(j) Boxing Day,

(k) one additional day in each year that, in the opinion of the Employer, is recognised 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 additional day is recognised as a provincial or civic holiday, the first (1st) Monday in August,

(l) one additional day when proclaimed by an Act of Parliament as a national holiday.

Excluded Provisions

The remainder of this article does not apply to employees in the FR group

32.02 An employee absent without pay on both his or her full working day immediately preceding and his or her full working day immediately following a designated 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 14, Leave With or Without Pay For Alliance Business.

32.03 Designated Holiday Coinciding with a Day of Paid Leave

Where a day that is a designated holiday for an employee coincides with a day of leave with pay, that day shall count as a holiday and not as a day of leave.

32.04 Designated Holiday Coinciding with a Day of Rest

(a) When a day designated as a holiday under clause 32.01 coincides with an employee's day of rest, the holiday shall be moved to the first (1st) scheduled working day following the employee's day of rest. When a day that is a designated holiday is so moved to a day on which the employee is on leave with pay, that day shall count as a holiday and not as a day of leave.

(b) When two (2) days designated as holidays under clause 32.01 coincide with an employee's consecutive days of rest, the holidays shall be moved to the employee's first two (2) scheduled working days following the days of rest. When the days that are designated holidays are so moved to days on which the employee is on leave with pay, those days shall count as holidays and not as days of leave.

Work Performed on a Designated Holiday

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

32.06 When a day designated as a holiday for an employee is moved to another day under the provisions of clause 32.04:

(a) work performed by an employee on the day from which the holiday was moved shall be considered as worked performed on a day of rest,

and

(b) work performed by an employee on the day to which the holiday was moved, shall be considered as work performed on a holiday.

32.07

(a) When an employee works on a holiday, he or she shall be paid time and one-half (1 1/2) for all hours worked, up to the daily hours specified in the relevant Group Specific Appendix, and double (2) time thereafter, in addition to the pay that the employee would have been granted had he or she not worked on the holiday,

(b) Notwithstanding paragraph (a) when an employee works on a holiday contiguous to a day of rest on which he or she also worked and received overtime in accordance with clause 29.07, the employee shall be paid in addition to the pay that he or she would have been granted had he or she not worked on the holiday, two (2) times his or her hourly rate of pay for all time worked.

32.08 Reporting for Work on a Designated Holiday

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

(i) compensation equivalent to three (3) hours' pay at the applicable overtime rate of pay for each reporting to a maximum of eight (8) hours' compensation in an eight (8) hour period; such maximum shall include any reporting pay pursuant to Article 30;

or

(ii) compensation in accordance with the provisions of clause 32.07.

(b) The minimum payment referred to in subparagraph (a)(i) does not apply to part-time employees. Part-time employees will receive a minimum payment in accordance with clause 59.08 of this Agreement.

32.09 Compensatory Leave

Compensation earned under this article shall be compensated in accordance with Article 62.

Article 33
Travelling Time

33.01 This article does not apply to an employee when the employee travels by any type of transport in which he or she is required to perform work, and/or which also serves as his or her living quarters during a tour of duty. In such circumstances, the employee shall receive the greater of:

(a) on a normal working day, his or her regular pay for the day,

or

(b) pay for actual hours worked in accordance with Article 32, Designated Paid Holidays and Article 29, Overtime, of this Agreement.

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

33.03 For the purposes of this Agreement, travelling time is compensated for only in the circumstances and to the extent provided for in this article.

33.04 When an employee is required to travel outside his or her headquarters area on government business, as these expressions are defined by the Employer, the time of departure and the means of such travel shall be determined by the Employer and the employee will be compensated for travel time in accordance with clauses 33.05 and 33.06. Travelling time shall include time necessarily spent at each stop-over enroute provided such stop-over is not longer than three (3) hours.

33.05 For the purposes of clauses 33.04 and 33.06, the travelling time for which an employee shall be compensated is as follows:

(a) 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;

(b) for travel by private means of transportation, the normal time as determined by the Employer, to proceed from the employee's place of residence or work place, as applicable, direct to the employee's destination and, upon the employee's return, direct back to the employee's residence or work place;

(c) 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.

33.06 If an employee is required to travel as set forth in clauses 33.04 and 33.05:

(a) on a normal working day on which the employee travels but does not work, the employee shall receive his or her regular pay for the day;

(b) on a normal working day on which the employee travels and works, the employee shall be paid:

(i) his regular pay for the day for a combined period of travel and work not exceeding his or her regular scheduled working hours,

and

(ii) at the applicable overtime rate for additional travel time in excess of his or her regularly scheduled hours 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 of pay;

(c) 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 of pay.

33.07 Compensatory Leave

Compensation earned under this article shall be compensated in accordance with Article 62.

33.08 Travel Status Leave

Exclusions

This clause does not apply to employees covered by Annex I of Appendix B – General Labour and Trades Group.

(a) An employee who is required to travel outside his or her headquarters area on government business, as these expressions are defined by the Employer, and is away from his permanent residence for forty (40) nights during a fiscal year shall be granted eight (8) hours off with pay or seven and one-half (7.5), where the standard work week is thirty-seven and one-half (37.5) hours per week. The employee shall be credited with an additional eight (8) hours off with pay or seven and one-half (7.5), where the standard work week is thirty-seven and one-half (37.5) hours per week, for each additional twenty (20) nights that the employee is away from his or her permanent residence to a maximum of eighty (80) nights.

(b) The maximum number of hours off earned under this clause shall not exceed forty (40) hours, or thirty-seven and one-half (37.5) hours where the standard hours per week is thirty-seven and one-half (37.5), in a fiscal year and shall accumulate as compensatory leave with pay.

(c) This leave with pay is deemed to be compensatory leave and is subject to clause 62.01. The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars.

Article 34
Leave - General

34.01

(a) When an employee becomes subject to this Agreement, his or her earned daily leave credits shall be converted into hours. When an employee ceases to be subject to this Agreement, his or her earned hourly leave credits shall be reconverted into days, with one (1) day being equal to seven and one-half (7.5) hours.

(b) Earned leave credits or other leave entitlements shall be equal to eight (8) hours per day, or seven and one-half (7.5) hours per day where the standard workweek is thirty-seven decimal five (37.5) hours per week.

(c) 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.

(d) Notwithstanding the above, in Article 46, Bereavement Leave with Pay, a "day" will mean a calendar day.

34.02 Except as otherwise specified in this Agreement:

(a) where leave without pay for a period in excess of three (3) months is granted to an employee for reasons other than illness, the total period of leave granted shall be deducted from "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave;

(b) time spent on such leave which is for a period of more than three (3) months shall not be counted for pay increment purposes.

34.03 An employee is entitled, once in each fiscal year, to be informed upon request, of the balance of his or her vacation and sick leave credits.

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

34.05 An employee shall not be granted two (2) different types of leave with pay or monetary remuneration in lieu of leave in respect of the same period of time.

34.06 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 or her 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.

34.07 An employee is not entitled to leave with pay during periods he or she is on leave without pay or under suspension.

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

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

34.10 When an employee who is in receipt of a special duty allowance or an extra duty allowance is granted leave with pay, the employee is entitled during the employee's period of leave to receive the allowance if the special or extra duties in respect of which the employee is paid the allowance were assigned to the employee on a continuing basis, or for a period of two (2) or more months prior to the period of leave.