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Memorandum of Agreement Between the Treasury Board of Canada and the Public Service Alliance of Canada in respect of the Amendment of the Terms and Conditions of Employment Applicable to Operational Services Bargaining Unit

The Employer and the Public Service Alliance of Canada (PSAC) agree to amend, effective the date of signing of this memorandum, the terms and conditions of employment applicable to the Operational Services bargaining unit. The amended provisions are attached to this Memorandum of Agreement and are in respect of the following:

1. Clause 36.07 - Sick Leave;
2. Article 42 - Leave with Pay for Family-Related Responsibilities;
3. Article 46 - Bereavement Leave with Pay;

Any changes in numbering of provisions of the terms and conditions will be by mutual consent of the parties.

Signed in Ottawa on December 21, 2010

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ARTICLE 36 - SICK LEAVE WITH PAY

36.07

1. 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.
2. 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 due to the end of a specified period of employment, and who is re-appointed in the core public administration within one (1) year from the end of the specified period of employment.

ARTICLE 42 - LEAVE WITH PAY FOR FAMILY RELATED RESPONSIBILITIES

42.01

For the purpose of this article, family is defined as spouse (or common law partner resident with the employee), children (including step-children or children of legal or common law partner), foster children, parents (including step parents or foster parents), or any relative permanently residing in the employee's household or with whom the employee permanently resides.

42.02

The total leave with pay which may be granted under this article shall not exceed:

1. 37.5 hours in a fiscal year where the standard work week is thirty seven decimal five (37.5) hours;
2. 40 hours in a fiscal year where the standard work week is forty (40) hours;
3. 42 hours in a fiscal year where the standard work week is forty two (42) hours;
4. 46.6 hours in a fiscal year where the standard work week is forty six point six (46.6) hours.

42.03

Subject to clause 42.02, the Employer shall grant leave with pay under the following circumstances:

1. to take a family member for medical or dental appointments, or for appointments with school authorities or adoption agencies, if the supervisor was notified of the appointment as far in advance as possible;
2. to provide for the immediate and temporary care of a sick 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. to provide for the immediate and temporary care of an elderly member of the employee's family;
4. for needs directly related to the birth or to the adoption of the employee's child.
5. twenty percent (20%) of the applicable hours stipulated in clause 42.02 above may be used:
   1. to attend school functions, if the supervisor was notified of the function as far in advance as possible;
   2. to provide for the employee's child in the case of an unforeseeable closure of the school or daycare facility;
   3. to attend an appointment with a legal or paralegal representative for non-employment related matters, or with a financial or other professional representative, if the supervisor was notified of the appointment as far in advance as possible.

ARTICLE 46 - BEREAVEMENT LEAVE WITH PAY

46.01

When a member of the employee's family dies, an employee shall be entitled to a bereavement period of seven (7) consecutive calendar days. Such bereavement period, as determined by the employee, must include the day of the memorial commemorating the deceased, or must begin within two (2) days following the death. 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.

46.02

An employee is entitled to one (1) day's bereavement leave with pay for a purpose related to the death of his or her son in law, daughter in law, brother in law or sister in law.

46.03

If, during a period of sick leave, vacation leave or compensatory leave, an employee is bereaved in circumstances under which he or she would have been eligible for bereavement leave with pay under clauses 46.01 and 46.02, the employee shall be granted bereavement leave with pay and his or her paid leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.

46.04

It is recognized by the parties that 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 manner different than that provided for in clauses 46.01 and 46.02.

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