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Part 2 - Work and Leave Provisions
Article 12
Hours of Work
**
12.01 The standard hours of work are normally seven decimal five (7.5) hours per day; thirty-seven decimal five (37.5) hours per week. Notwithstanding this, the nature of the work and exigencies of the service require flexibility in arrival and departure times and hours of work. A UT shall not be entitled to payment for overtime (including work on a day of rest or on a holiday) or other conditions relating to hours of work, such as call-back, standby, travel on a day of rest, and travel on a holiday.
Article 13
Distribution of Teaching Workload
13.01 The teaching workload of a UT shall be consistent with the normal average teaching workload of UTs in his or her academic department or equivalent unit. Teaching duties materially in excess of the appropriate teaching workload shall be considered overload.
13.02 Assignments of teaching to a particular UT shall be consistent with his or her qualifications.
**
13.03 The appropriate head of a University department, as the delegate of the Employer, will normally assign teaching workloads. A UT shall be consulted concerning such assignment prior to its making.
13.04 A UT will be advised of his or her teaching assignment for each academic term at least two (2) months before the commencement of classes in that term, unless it is not possible to do so because of unforeseen circumstances. Barring such circumstances, courses assigned after that time shall be considered overload.
13.05 Where in a given academic year a UT is assigned overload teaching duties, his or her teaching workload shall be reduced in one of the two (2) following years by an amount equivalent to that overload.
13.06 Teaching duties include, but are not limited to, conducting scheduled classes, seminars, tutorials and laboratories, and supervising theses and special projects.
13.07 Factors to be used in determining appropriate teaching workload include, but are not limited to, the following:
(a) the number of courses taught by each UT;
(b) the number of scheduled contact periods per course;
(c) the number of hours of preparation, grading, and administration per course;
(d) the number of students enrolled, on average, per course;
(e) the number of hours devoted to counselling students;
(f) the level (introductory, upper year, graduate, etc.) of each course;
(g) the type (lecture, seminar, etc.) of each course;
(h) assistance of graduate students or colleagues in the teaching of the UT's courses;
(i) additional hours of preparation required for a new course or revision of an existing course;
and
(j) the teaching of courses in both official languages.
13.08 Notwithstanding 13.01, the teaching workload of a UT may vary materially from the normal average teaching workload of UTs in his or her academic department or equivalent unit due to the following factors:
(a) the number of hours devoted to administrative duties;
and
(b) the level of productive scholarly activity, it being understood that greater than normal involvement in scholarly activity may not result in a reduction in teaching workload, unless such reduction can be accommodated within the resources accorded to the department.
13.09
**
(a) Department heads shall not be required to teach more than the normal annual teaching workload of other UTs in their department, less two (2) one-term courses or equivalent. For persons who cease to be Department heads after completing three (3) or more years in that role, this provision shall also apply to the next academic year that they are not on sabbatical leave.
(b) Service as chairperson of an academic program will be given due consideration as a factor in assigning teaching workload.
13.10 Each UT shall have a continuous period of not less than three (3) months in every academic year which is free of scheduled teaching duties.
Article 14
Management Leave
14.01 A UT who is required by management to:
(a) work excessive hours;
and/or
(b) work or travel on a day of rest or on a holiday;
**
may be granted such leave with pay as the Employer considers appropriate.
Article 15
Holidays
15.01
(a) The following days are paid holidays:
New Year's Day,
Good Friday,
Easter Monday,
The day fixed by proclamation of the Governor in Council for celebration of the Sovereign's Birthday,
Canada Day,
Labour Day,
The day fixed by proclamation of the Governor in Council as a general day of thanksgiving,
Remembrance Day,
Christmas Day,
Boxing Day, and
**
such additional days as are designated by the Employer to be holidays in the locality in which a UT works.
(b) When a day designated as a paid holiday coincides with a UT's day of rest, the holiday shall be moved to the UT's first working day following the day of rest.
(c) Where a UT works on a holiday, he or she may be granted management leave as provided in Article 14.
Article 16
Leave - General
16.01 A UT is entitled, once in each fiscal year, to be informed upon request of the balance of his or her vacation and sick leave credits.
16.02 The amount of leave with pay earned, but unused, credited to a UT by the Employer at the time when this Agreement is signed, or at the time when the UT becomes subject to this Agreement, shall be retained by the UT.
16.03 A UT 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.
16.04 A UT 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.
16.05 A UT is not entitled to leave with pay during periods he or she is on leave without pay or under suspension.
16.06 A UT that has been granted more vacation or sick leave with pay than has been earned, whose services are terminated by lay-off or death, is considered to have earned the amount of leave with pay granted to him or her.
16.07 A UT 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.
16.08 Except as otherwise specified in this Agreement and except for periods of Sabbatical Leave:
(a) where leave without pay for a period in excess of three (3) months is granted to a UT, 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.
Article 17
Vacation Leave
17.01 The vacation year shall be from April 1 to March 31 of the following calendar year, inclusive.
Accumulation of Vacation Leave
**
17.02 A UT shall earn vacation leave credits at the following rate for each calendar month during which the UT receives pay for at least seventy-five (75) hours:
(a) Twelve decimal five (12.5) hours until the month in which the anniversary of the UT's sixteenth (16th) year of service occurs;
(b) Thirteen decimal seven five (13.75) hours commencing with the month in which the anniversary of the UT's sixteenth (16th) year of service occurs;
(c) Fourteen decimal three seven five (14.375) hours commencing with the month in which the anniversary of the UT's seventeenth (17th) year of service occurs;
(d) Fifteen decimal six two five (15.625) hours commencing with the month in which the UT's eighteenth (18th) anniversary of service occurs;
(e) Notwithstanding (a), (b), (c), and (d) above, a UT who has a greater vacation leave entitlement on the date of signing of this agreement shall retain the current entitlement rate.
17.03 For the purpose of clause 17.02 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 a UT who receives severance pay on lay-off and is reappointed to the public service within one (1) year following the date of lay-off.
17.04 A UT is entitled to vacation leave with pay to the extent of the UT's earned credits, but a UT who has completed six (6) months of continuous employment may receive an advance of credits equivalent to the anticipated credits for the vacation year.
17.05
**
(a) Vacation leave will be taken at such time as the Employer specifies. The Employer should encourage UTs to take all of their vacation leave in the fiscal year in which it is earned.
(b) Carry-over
Where, in any vacation year, a UT has not taken all the vacation leave credited to him or her, the unused portion of the UT's vacation leave shall be carried over into the following vacation year.
(c) Cash-out
During any vacation year, upon application by the UT and at the discretion of the Employer, earned but unused vacation leave credits will be paid in cash at the UT's daily rate of pay, as calculated from the classification prescribed in the UT's certificate of appointment of the UT's substantive position on March 31.
Cash-outs are based on current base salary and do not include performance awards and bonuses.
17.06 Recall from Vacation Leave
(a) A UT who is recalled to duty from vacation leave, or whose vacation leave is cancelled by management without notice, shall be reimbursed for reasonable expenses, as defined in the Travel Directive, that he or she incurs:
(i) in proceeding to his or her place of duty;
(ii) in returning to the place from which he or she was recalled, if he or she immediately resumes vacation leave upon completing the assignment for which he or she was recalled;
and
for any reasonable monetary penalty that results from cancellation of reservations, after submitting such expense accounts as may be required.
(b) A UT shall not be considered as being on vacation leave during any period that he or she is entitled under paragraph 17.07(a) to be reimbursed for reasonable expenses he or she incurred.
17.07 Vacation Pay on Termination of Employment
(a) If a UT ceases to be employed or dies, the UT or the estate shall be paid, in lieu of the unused vacation leave that has been earned, an amount equal to the product of the UT's current daily rate of pay as calculated from the classification specified in his or her certificate of appointment, multiplied by the number of days of earned but unused vacation and furlough leave with pay to his or her credit on the day the UT ceased to be employed or died.
**
(b) Notwithstanding paragraph 17.07(a), a UT whose employment is terminated by reason of a declaration of abandonment of position is entitled to receive the payment referred to in 17.07(a) if the UT requests it within a period of three decimal five (3.5) years following the date upon which employment is terminated.
**
17.08 Employees shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay on the first day of the month following the anniversary of the employee's second year of service, as defined in clause 17.03, occurs.
Article 18
Sabbatical Leave
18.01 UT's shall be eligible for sabbatical leave in accordance with the terms and conditions outlined herein.
18.02 Sabbatical leave is an authorized period of leave without pay with an allowance in lieu of salary, which may be granted to UTs in accordance with the conditions, requirements and provisions detailed herein.
18.03 Purpose and Principles
Sabbatical leave, a feature of UT employment, is a period of leave for a specified duration of six (6) or twelve (12) months when eligible UT shall be relieved of their normal teaching and administrative obligations to give them an opportunity to pursue research or other scholarly activities.
18.04 Eligibility Criteria
(a) To be eligible for sabbatical leave, a UT must be employed on a full-time, indeterminate basis.
(b) A UT who applies for a six-month (6) sabbatical leave period must have completed three (3) years of service as a UT, while one who applies for a twelve-month (12) sabbatical leave period must have completed six (6) years of service as a UT. An applicant may be given credit for up to three (3) years service at another university upon recommendation of the Principal. However, no UT may be granted sabbatical leave before having served three (3) years of continuous service as a full-time UT.
(c) Applications for subsequent periods of sabbatical leave will normally require completion of six (6) years intervening service before being granted a twelve-month (12) sabbatical or three (3) years before being granted a six-month (6) sabbatical.
18.05 Selection Criteria
(a) Applications that meet the essential eligibility criteria requirements of clause 18.04, and are submitted in accordance with the requirements outlined in this agreement, will be considered for approval by a screening committee designated by the Senate.
(b) The following criteria will be used in the screening and prioritization process:
(i) relevance of the proposed professional development activity to the needs of the department;
(ii) projected benefits to the applicant's professional development;
(iii) the merit of the sabbatical proposal in terms of its scope, planning, resource implication and potential for success within the sabbatical period;
(iv) evidence of benefits derived from the applicant's previous sabbatical leave (if applicable);
(v) the applicant's performance assessments and evidence of scholarly potential and achievement during the period of qualifying service; and
(vi) the operational and human resources management priorities of the College.
18.06 Duration
Sabbatical leave for periods of up to twelve (12) months in duration will be considered for UT applicants meeting the eligibility requirements for initial or subsequent sabbatical leave. Sabbatical leave periods will be of six (6) months duration (normally July 1 - December 31 or January 1 - June 30), or twelve (12) months duration (normally July 1 - June 30).
18.07 Entitlement to Sabbatical Leave
Sabbatical leave may be granted at the discretion of the Employer. Sabbatical leave shall not be unreasonably denied. In the case where an application is denied, if requested by the applicant, the Employer will provide written reasons for the denial.
18.08 Employment Commitment
(a) A UT who is granted sabbatical leave is expected to return to service as a UT.
(b) As a condition of being granted sabbatical leave, UTs will be required to sign a written commitment, the Return to Service Agreement for Sabbatical Leave, to return to the department for a period of employment equal to their period of sabbatical leave. A UT who does not honour this commitment will be required to repay the monies paid to him or her during the sabbatical leave or a portion thereof based on the number of months worked by the UT after returning from sabbatical leave.
18.09 Allowance in Lieu of Salary
(a) Sabbaticants at the UT-2 or UT-3 level, who are granted a first sabbatical leave within ten (10) years of joining the College, will be on leave without pay and may be granted an allowance in lieu of salary equal to 100% of their annual rate of pay in effect at the commencement of the leave, except as provided for in (e) of this clause.
**
(b) Other sabbaticants, who take a twelve-month (12) sabbatical after completion of at least six (6) years of intervening service or who take a six-month (6) sabbatical after completion of at least three (3) years but less than six (6) years of intervening service, will be on leave without pay and may be granted an allowance in lieu of salary equal to 82.5% of their annual rate of pay in effect at the commencement of the leave, except as provided for in (e) of this clause. Sabbaticants who take a six-month (6) sabbatical after completion of at least six (6) years of intervening service will be on leave without pay and may be granted an allowance in lieu of salary equal to 100% of their annual rate of pay in effect at the commencement of the leave, except as provided for in (e) of this clause.
(c) A sabbaticant's allowance in lieu of salary will be automatically adjusted, as applicable, to reflect any economic revision to the University Teaching Group.
(d) Pay increments and promotion increases based on performance prior to the commencement of the sabbatical leave will be implemented on the normal increment date, and the sabbaticant's allowance will be adjusted accordingly.
(e) During periods of sabbatical leave, UTs are not entitled to administrative allowances received for extra duties performed during regular employment at one of the colleges. Such allowances may be reinstated effective the date of return from the sabbatical leave on the authority of the Principal.
18.10 Employment During Sabbatical
(a) Sabbaticants granted a leave of absence from regular duties to pursue the stated purpose of their research or study, and granted an allowance in lieu of salary to assist them in this endeavour, may not accept remuneration associated with their sabbatical leave project that in combination with their allowance would provide them with remuneration in excess of 100% of their normal annual salary from the department.
(b) Sabbaticants may not accept other professional commitments that might impede completion of the primary goals stipulated in their approved sabbatical leave plan.
(c) If remunerated employment, or other significant activities not related to the primary purpose of the sabbatical leave, are expected to be an integral part of a sabbaticant's perceived use of sabbatical leave, such intentions are to be clearly identified and fully substantiated in the sabbatical leave application and will be considered during the review and approval process.
(d) If a sabbaticant's total remuneration related to the leave project is determined to exceed 100% of normal salary, the department will reduce the allowance in lieu of salary, as appropriate, and may request repayment of all or a portion of the allowance, if subsequent evidence indicates that the sabbaticant has not complied with the intent of the restriction pertaining to external remuneration.
(e) The provisions of 18.10(d) notwithstanding, when a UT takes sabbatical leave in a location outside of Canada where the cost of living exceeds the UT's normal cost of living, the Principal of RMC may approve remuneration in excess of the amount provided for in paragraph (a), but solely to the extent required to compensate for foreign cost of living.
18.11 Financial Assistance
(a) Financial assistance in the form of grants, awards, scholarships, to support their sabbatical research will not be taken into consideration in determining the departmental allowance in lieu of salary to be granted to a sabbaticant provided that such assistance does not constitute personal remuneration.
(b) Sabbaticants are required to identify and report on the sources and the allocation of the funding for all financial assistance received in support of their sabbatical research.
18.12 Employee Benefits While on Sabbatical Leave
While on sabbatical leave, UTs do not accrue sick or annual leave.
18.13 Application and Approval Process
**
(a) The Employer may defer a requested sabbatical leave in the event that the UT's services are required for the period of time planned for the leave. Examples of situations in which this may occur include, but are not limited to: simultaneous requests from two (2) or more eligible faculty members with the same critical teaching competences within a particular discipline, or requests from eligible academic department heads, where the Employer and the department head agree that it would be desirable for the member to remain somewhat longer as department head. Such deferral shall be counted as service to be credited towards an application for a subsequent sabbatical leave.
(b) Where an application meets the criteria for approval but the leave is denied due to financial constraints, the application will be given first priority the following year.
(c) A UT may cancel application for sabbatical leave by notifying the Principal in writing at least four (4) months prior to commencement of the leave, or later, at the discretion of the Principal.
Article
19
Sick Leave
Credits
**
19.01 A UT shall earn sick leave credits at the rate of nine decimal three seven five (9.375) hours for each calendar month for which he or she receives pay for at least seventy-five (75) hours.
Granting of Sick Leave
19.02 A UT shall be granted sick leave with pay when he or she is unable to perform his or her duties because of illness or injury provided that:
(a) the UT satisfies the Employer of this condition in such manner and at such time as may be determined by the Employer;
and
(b) the UT has the necessary sick leave credits.
**
19.03 Unless a medical certificate is required by the Employer, a statement signed by the UT stating that because of illness or injury he or she was unable to perform his or her duties shall, when delivered to the Employer, be considered as meeting the requirements of paragraph 19.02(a).
**
19.04 A UT who has insufficient sick leave credits to cover the granting of sick leave with pay during the entire period of illness may be granted, at the discretion of the Employer, a repayable advance of sick leave credits of up to thirteen (13) weeks.
Article 20
Other Leave With Pay
Court Leave
20.01 The Employer shall grant leave with pay to a UT for the period of time he or she is required:
(a) to be available for jury selection;
(b) to serve on a jury;
and
(c) by subpoena or summons to attend as a witness in any proceeding held:
**
(i) in or under the authority of a court of justice;
(ii) before a court, judge, justice, magistrate, or coroner;
(iii) before the Senate or House of Commons of Canada, or a committee of the Senate or House of Commons other than in the performance of the duties of the UT's position;
(iv) 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
(v) before an arbitrator, umpire, or person or body of persons authorized by law to make an inquiry and to compel the attendance of witnesses before it.
Injury-on-Duty Leave
20.02 A UT shall be granted injury-on-duty leave with pay for such reasonable period as may be determined by the Employer when a claim has been made pursuant to the Government Employees' Compensation Act and a Workers' Compensation authority has notified the Employer that it has certified that the UT is unable to work because of:
(a) personal injury accidentally received in the performance of his or her duties and not caused by the UT's wilful misconduct;
(b) an industrial illness or a disease arising out of and in the course of the UT's employment;
and
if the UT agrees to remit to the Receiver General of Canada any amount received by him or her in compensation for loss of pay resulting from or in respect of such injury, illness or disease providing, however, that such amount does not stem from a personal disability policy for which the UT or the UT's agent has paid the premium.
Personnel Selection Leave
20.03 Where a UT 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 UT is entitled to leave with pay for the period during which the UT's presence is required for purposes of the selection process and for such further period as the Employer considers reasonable for the UT to travel to and from the place where his or her presence is so required.
Special Leave
**
20.04 At the discretion of the Employer, a UT may be granted leave with pay under the following circumstances:
(a) where there is illness or death in the UT's family;
(b) where circumstances not directly attributable to the UT prevent him or her from reporting for duty;
and
**
(c) on the occasion of the birth or adoption of his or her child.
A request for such leave shall not be unreasonably denied.
Other Leave
**
20.05 The Employer may grant leave with pay for a period not in excess of two (2) weeks to a UT who is not on leave where:
(a) the place of work has been rendered uninhabitable and the UT cannot perform his or her duties until an alternative working place is found;
or
(b) he or she is required or urgently needed to assist in meeting a community emergency.
**
20.06 Leave with pay may be granted by the Employer to a UT to take a course in civil defence training if:
(a) no such training is available in his or her locality after regular working hours;
and
(b) the UT has not been required by the Employer to take the course for purposes of public service civil defence.
**
20.07 The Employer may grant a UT leave with pay for any period when the services of that UT are required by:
(a) a commission established pursuant to the Inquiries Act;
(b) an Industrial Inquiry Commission established pursuant to Part I of the Canada Labour Code;
or
(c) an international organization of which the Government of Canada is a member.
Article 21
Education Leave Without Pay
and Career Development Leave
Education Leave Without Pay
21.01 The Employer recognizes the usefulness of education leave. Upon written application by the UT and with the approval of the Employer, a UT may be granted education leave without pay for varying periods of up to one (1) year, which can be renewed by mutual agreement to attend a recognized institution for studies in some field of education in which preparation is needed to fill the UT's present role more adequately or to undertake studies in some field to provide a service which the Employer requires or is planning to provide.
21.02 At the Employer's discretion, a UT 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 UT'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. If the UT 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.
21.03 Allowances already being received by the UT may at the discretion of the Employer be continued during the period of the education leave. The UT shall be notified when the leave is approved if such allowances are to be continued in whole or in part.
21.04 As a condition of the granting of education leave without pay, a UT shall, if required, give a written undertaking before 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 UT:
(a) fails to complete the course;
(b) does not resume employment with the Employer on completion of the course;
or
(c) ceases to be employed, except by reason of death or lay-off, before termination of the period he or she has undertaken to serve after completion of the course;
the UT shall repay the Employer all allowances paid to him or her under this article during the education leave or such lesser sum as shall be determined by the Employer.
Career Development Leave With Pay
21.05
(a) Career development refers to an activity, which in the opinion of the Employer is likely to be of assistance to the UT in furthering his or her career development and to the organization in achieving its goals. The following activities shall be deemed to be part of career development:
(i) a course given by the Employer;
(ii) a course offered by a recognized academic institution;
or
(iii) a seminar, convention or study session in a specialized field directly related to the UT's work.
(b) Upon written application by the UT, and with the approval of the Employer, career development leave with pay may be given for any one of the activities described in paragraph 21.05(a) above. The UT shall receive no compensation under the Management Leave provisions of this Agreement during time spent on career development leave provided for in this clause.
(c) UTs on career development leave shall be reimbursed for all reasonable travel and other expenses incurred by them which the Employer may deem appropriate.
Examination Leave With Pay
21.06 At the Employer's discretion, examination leave with pay may be granted to a UT for the purpose of writing an examination which takes place during the UT's scheduled hours of work. Such leave will only be granted where, in the opinion of the Employer, the course of study is directly related to the UT's duties or will improve his or her qualifications.
**Article 22
Maternity and Parental Leave Without Pay
22.01 Maternity Leave without Pay
(a) A UT 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.
(b) Notwithstanding paragraph (a):
(i) where the UT has not yet proceeded on maternity leave without pay and her newborn child is hospitalized,
or
(ii) where the UT 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 UT was not on maternity leave, to a maximum of eighteen (18) weeks.
(c) The extension described in paragraph (b) shall end not later than fifty-two (52) weeks after the termination date of pregnancy.
(d) The Employer may require a UT to submit a medical certificate certifying pregnancy.
(e) A UT who has not commenced maternity leave without pay may elect to:
(i) use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates;
(ii) use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in Article 19, Sick Leave With Pay. For purposes of this subparagraph, the terms "illness" or "injury" used in Article 19, Sick Leave With Pay, shall include medical disability related to pregnancy.
(f) A UT 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 before the initial date of continuous leave of absence during which termination of pregnancy is expected to occur unless there is a valid reason why the notice cannot be given.
(g) 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.
22.02 Maternity Allowance
(a) A UT 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 paragraph (c) to (i), provided that she:
(i) has completed six (6) months of continuous employment before the commencement of her maternity leave without pay,
(ii) provides the Employer with proof that she has applied for and is in receipt of maternity benefits under the Employment Insurance or Québec Parental Insurance Plan in respect of insurable employment with the Employer,
and
(iii) has signed an agreement with the Employer stating that:
(A) 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;
(B) 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 maternity allowance;
(C) 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:
| (allowance received) | X | (remaining period to be worked following her return to work) |
| [total period to be worked as specified in (B)] |
however, a UT 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).
(b) 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 UT'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).
(c) Maternity allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where a UT 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 for each week of the waiting period, less any other monies earned during this period,
(ii) for each week the UT receives a maternity benefit under the Employment Insurance or Québec Parental Insurance plan, she is eligible to receive the difference between ninety-three per cent (93%) of her weekly rate 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.
(d) At the UT's request, the payment referred to in subparagraph 22.02(c) will be estimated and advanced to the UT. Adjustments will be made once the UT provides proof of receipt of Employment Insurance or Québec Parental Insurance maternity benefits.
(e) The maternity allowance to which a UT is entitled is limited to that provided in paragraph (c) and a UT 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.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time UT, the UT's weekly rate of pay on the day immediately preceding the commencement of maternity leave without pay,
(ii) for a UT who has been employed on a part-time or on a combined full-time and part-time basis during the six-month (6) period preceding the commencement of maternity leave, the rate obtained by multiplying the weekly rate of pay in sub-paragraph (i) by the fraction obtained by dividing the UT's straight time earnings by the straight time earnings the UT would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the UT is entitled for her substantive level to which she is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of maternity leave without pay a UT has been on an acting assignment for at least four (4) months, the weekly rate shall be the rate she was being paid on that day.
(i) Where a UT becomes eligible for a pay increment or pay revision that would increase the maternity allowance, the allowance shall be adjusted accordingly.
(j) Maternity allowance payments made under the SUB Plan will neither reduce nor increase a UT's deferred remuneration or severance pay.
22.03 Special Maternity Allowance for Totally Disabled UTs
(a) A UT who:
(i) fails to satisfy the eligibility requirement specified in subparagraph 22.02(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 Québec Parental Insurance maternity benefits,
and
(ii) has satisfied all of the other eligibility criteria specified in paragraph 22.02(a), other than those specified in sections (A) and (B) of subparagraph 22.02(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 gross amount of her weekly disability benefit under the DI Plan, the LTD Plan or through the Government Employees Compensation Act.
(b) A UT shall be paid an allowance under this clause and under clause 22.02 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 Québec Parental Insurance Plan had she not been disqualified from Employment Insurance or Québec Parental Insurance maternity benefits for the reasons described in subparagraph (a)(i).
22.04 Parental Leave Without Pay
(a) Where a UT 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 UT 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 UT's care.
(b) Where a UT 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 UT 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 UT's care.
(c) Notwithstanding paragraphs (a) and (b) above, at the request of a UT 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.
(d) Notwithstanding paragraphs (a) and (b):
(i) where the UT's child is hospitalized within the period defined in the above paragraphs, and the UT has not yet proceeded on parental leave without pay,
or
(ii) where the UT 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 UT 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 UT's care.
(e) A UT who intends to request parental leave without pay shall notify the Employer at least four (4) weeks before of the commencement date of such leave.
(f) The Employer may:
(i) defer the commencement of parental leave without pay at the request of the UT;
(ii) grant the UT parental leave without pay with less than four (4) weeks' notice;
(iii) require a UT to submit a birth certificate or proof of adoption of the child.
(g) 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.
22.05 Parental Allowance
(a) A UT 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:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) 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 Québec Parental Insurance Plan in respect of insurable employment with the Employer,
and
(iii) has signed an agreement with the Employer stating that:
(A) the UT 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;
(B) following his or her return to work, as described in section (A), the UT will work for a period equal to the period the UT was in receipt of the parental allowance, in addition to the period of time referred to in section 22.02(a)(iii)(B), if applicable;
(C) 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:
| (allowance received) | X | (remaining period to be worked following his or her return to work) |
| [total period to be worked as specified in (B)] |
however, a UT 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).
(b) 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 UT'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).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where a UT 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 for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the UT 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 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;
(iii) where a UT 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 for each week, less any other monies earned during this period.
(d) At the UT's request, the payment referred to in subparagraph 22.05(c) will be estimated and advanced to the UT. Adjustments will be made once the UT provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which a UT is entitled is limited to that provided in paragraph (c) and a UT 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 Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time UT, the UT's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for a UT 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 UT's straight time earnings by the straight time earnings the UT would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the UT is entitled for the substantive level to which he or she is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay a UT is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the UT was being paid on that day.
(i) Where a UT becomes eligible for a pay increment or pay revision that would increase the parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase a UT's deferred remuneration or severance pay.
(k) The maximum combined, shared maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks for each combined maternity and parental leave without pay.
22.06 Special Parental Allowance for Totally Disabled UTs
(a) A UT who:
(i) fails to satisfy the eligibility requirement specified in subparagraph 22.05(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 through the Government Employees Compensation Act prevents the UT from receiving Employment Insurance or Québec Parental Insurance Plan benefits,
and
(ii) has satisfied all of the other eligibility criteria specified in paragraph 22.05(a), other than those specified in sections (A) and (B) of subparagraph 22.05(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 UT's rate of pay 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.
(b) A UT shall be paid an allowance under this clause and under clause 22.05 for a combined period of no more than the number of weeks while the UT would have been eligible for parental, paternity or adoption benefits under the Employment Insurance or Québec Parental Insurance Plan, had the UT not been disqualified from Employment Insurance or Québec Parental Insurance Plan benefits for the reasons described in subparagraph (a)(i).
Article 23
Other Leave Without Pay
23.01 Leave for the Care of Immediate Family
For the purpose of this article, family is defined as spouse (or common-law partner resident with the employee), children (including foster children or children of legal 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.
Subject to operational requirements, a UT shall be granted leave without pay for the personal care of family, as defined in the above paragraph, in accordance with the following conditions:
(a) a UT shall notify the Employer in writing as far in advance as possible but not less than four (4) weeks before the commencement date of such leave, unless because of an urgent or unforeseeable circumstance such notice cannot be given;
(b) leave granted under this clause shall be for a minimum period of six (6) weeks;
(c) the total leave granted under this clause shall not exceed five (5) years during a UT's total period of employment in the public service;
(d) leave granted under this clause for a period of more than three (3) months shall be deducted from the calculation of "continuous employment" for the purposes of calculating severance pay and from the calculation of "service" for the purposes of calculating vacation leave;
and
(e) time spent on such leave shall not be counted for pay increment purposes.
23.02 Leave for Personal Needs
Leave without pay will be granted for personal needs in the following manner:
(a) subject to operational requirements, leave without pay for a period of up to three (3) months will be granted to a UT for personal needs;
(b) subject to operational requirements, leave without pay for more than three (3) months but not exceeding one (1) year will be granted to a UT for personal needs;
(c) a UT is entitled to leave without pay for personal needs only once (1) under each of (a) and (b) of this clause during the UT's total period of employment in the public service. Leave without pay granted under this clause may not be used in combination with maternity, paternity or adoption leave without the consent of the Employer;
(d) leave without pay granted under (a) of this clause shall be counted as "continuous employment" for the purpose of calculating severance pay and as "service" for the purpose of calculating vacation leave. Time spent on such leave shall not be counted for pay increment purposes;
and
(e) leave without pay granted under (b) of this clause shall be deducted from the calculation of "continuous employment" for the purpose of calculating severance pay and from "service" for the purpose of calculating vacation leave for the UT involved. Time spent on such leave shall not be counted for pay increment purposes.
23.03 Leave for Relocation of Spouse
(a) At the request of a UT, leave without pay for a period of up to one (1) year shall be granted to a UT whose spouse is permanently relocated and up to five (5) years to a UT whose spouse is temporarily relocated.
(b) Leave without pay granted under this clause shall be deducted from the calculation of "continuous employment" for the purpose of calculating severance pay and from "service" for the purpose of calculating vacation leave for the UT 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.
23.04 Leave for Service or Political Office
A UT may request leave without pay to:
(a) fulfil duties assumed as a member of the Canadian Armed Forces Reserves;
and/or
(b) be a candidate for political office in municipal government, or to assume the duties of such an office.
Such leave shall not unreasonably be denied. In making its decision, the Employer shall take into consideration the duration and timing of the leave requested and the operational needs of the College.
(c) Leave without pay granted under (b) of this clause shall be deducted from the calculation of "continuous employment" for the purpose of calculating severance pay and from "service" for the purpose of calculating vacation leave for the UT involved. Time spent on such leave shall not be counted for pay increment purposes.
Article 24
Pedagogical Break
24.01 UTs shall be granted a pedagogical break of four (4) days of leave with pay, which shall be taken on the first four (4) working days after December 26.
