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COLLECTIVE AGREEMENT

BETWEEN

The Office of the Superintendent of Financial Institutions

AND

The Professional Institute of the Public Service of Canada

FOR THE

Professional Employees Group

Expiry, March 31, 2022


TABLE OF CONTENTS

 

Article Title         Page

 

  1. PURPOSE OF AGREEMENT 1

     2. INTERPRETATION AND DEFINITIONS 1

3. OFFICIAL TEXTS 3

4. APPLICATION 3

5. MANAGEMENT RIGHTS 3

6. RIGHTS OF EMPLOYEES 4

7. HOURS OF WORK 4

 *8. OVERTIME 6

   9. CALL-BACK 8

10. STANDBY 8

 *11. DESIGNATED PAID HOLIDAYS 9

   12. TRAVELLING TIME   10

   13. LEAVE – GENERAL 12

 *14. VACATION LEAVE 13

   15. SICK LEAVE 17

 *16. BEREAVEMENT LEAVE 18

 *17. OTHER LEAVE WITH OR WITHOUT PAY 19

 *17.01 Maternity Leave without Pay 19

 *17.02 Maternity Allowance 21

17.03 Special Maternity Allowance for Totally Disabled Employees 23

 *17.04 Parental Leave without Pay 24

 *17.05 Parental Allowance 25

17.06 Special Parental Allowance for Totally Disabled Employees 31

 *17.07 Leave Without Pay for the Care of Immediate Family 31

17.08 Leave Without Pay for Personal Needs 32

17.09 Leave Without Pay for Relocation of Spouse 33

 *17.10 Leave With Pay for Family-Related Responsibilities 33

17.11 Court Leave 34

17.12 Injury-on-duty Leave With Pay 35

                    17.13 Personnel Selection Leave with Pay 35

17.14 Examination Leave 35

17.15 Leave With or Without Pay for Other Reasons 36

17.16 Leave With Pay for Medical Appointment for pregnant employees  36 

                        17.17   Personal Leave with Pay 36

                      *17.18 Domestic Violence Leave 36

                      *17.19 Caregiving Leave 37

 

18. CAREER DEVELOPMENT 38

   19. SEVERANCE PAY 41

20. STATEMENT OF DUTIES 43

21. SAFETY AND HEALTH 44

22. RECOGNITION 44

   23. CHECK OFF 44

24. USE OF EMPLOYER FACILITIES 45

   25. INFORMATION 46

26. STEWARDS 46

            27. LEAVE FOR LABOUR RELATIONS MATTERS 47

28. CONTRACTING OUT 50

29. GRIEVANCE PROCEDURES 50

   30. OSFI POLICIES 54

31. JOINT CONSULTATION 54 

32. STANDARDS OF DISCIPLINE 55

33. LABOUR DISPUTES 56

34. PART-TIME EMPLOYEES 56

   35. EMPLOYEE PERFORMANCE REVIEW AND EMPLOYEE FILES 58

36. EMPLOYMENT REFERENCES 60

37. PUBLICATIONS AND AUTHORSHIP 60

   38. TECHNOLOGICAL CHANGE 60

   39. REGISTRATION FEES 62

40. JOB SECURITY 62

   41. SEXUAL AND PERSONAL HARASSMENT 62

   42. NO DISCRIMINATION 63

   43. PAY ADMINISTRATION 63

   44. MATERNITY-RELATED REASSIGNMENT OR LEAVE 66

45. RELIGIOUS OBLIGATIONS 67

46. AGREEEMENT RE-OPENER 67

   47. DURATION OF AGREEMENT 67

48. APPENDICES

 *Appendix A Rates of Pay 69

   Appendix B Memorandum of Understanding - Policy Continuance 71

Appendix C Memorandum of Understanding - Remembrance Day 72

 *Appendix D Memorandum of Understanding - Performance Pay 73

 *Appendix E Memorandum of Understanding – Employee Wellness 75

 *Appendix F     Memorandum of Understanding - Gender Inclusive 

Language 76

 *Appendix G  Memorandum of Understanding – Implementation 77

 *Appendix H Memorandum of Understanding – Workplace

Harassment 81

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 maintain professional standards and to promote the well-being and increased efficiency of OSFI's 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 OSFI in which members of the bargaining unit are employed.

 

ARTICLE 2

 

INTERPRETATION AND DEFINITIONS

 

2.01 For the purpose of this Agreement: 

 

  1. "bargaining unit" means all the  Professional employees as described in the certificate    issued by the Public Service Staff Relations Board on June 7, 1999;

 

(b) “common law partner” refers to a person living in a conjugal relationship with an  employee for a continuous period of at least one (1) year 

 

(c) "continuous employment" and “continuous service” means; 

 

  1. Uninterrupted employment with the Office of the Superintendent of Financial Institutions (and its predecessor organisations) and organisations listed in Schedule I, IV and V of the Financial Administration Act.

 

  1. Where an employee other than a casual ceases to be employed for a reason other than dismissal, abandonment of position or rejection on probation, and is re-employed within a period of three months, their periods of employment shall be considered as continuous for the purposes of sick leave, severance pay and vacation leave. 

 

(iii) Immediate prior service with the Canada Deposit Insurance Corporation and the Bank of Canada shall be considered as continuous service for the purposes of calculating the entitlement to vacation leave only.

(d) "daily rate of pay" means an employee's weekly rate of pay divided by five (5);

 

(e) "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 his position other than by reason of his being on leave; 

 

(f) "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;  

 

(g) "double time" means twice the hourly rate of pay; 

 

*(h) "employee" means a person so defined by the Federal Public Sector Labour Relations Act and who is a member of the bargaining unit; 

 

(i) "Employer" means Her Majesty in right of Canada as represented by the Office of the Superintendent of Financial Institutions (OSFI), and includes any person authorized to exercise the authority of the Office of the Superintendent of Financial Institutions; 

 

(j) "headquarters area" has the same meaning as given to the expression in the   Travel Policy; 

 

(k) "hourly rate of pay" means  a full-time employee's weekly rate of pay divided    by thirty-seven and one-half (37 1/2);

 

(l) "Institute" means the Professional Institute of the Public Service of Canada;

 

(m) "lay-off" means the termination of an employee's employment because of lack of work or because of the discontinuance of a function;

 

(n) "leave" means authorized absence from duty;

 

(o) "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;

 

(p) "overtime" means: 

 

(i) authorized work performed by the employee in excess of his scheduled daily hours of work and

 

(ii) authorized work performed by an employee on a normal day of rest or holiday;

 

(q) spouse" will be interpreted to include "common law partner"(époux);

 

(r) "time and one-half" means one and one-half  (1 1/2) times the hourly rate of pay;

 

(s) "weekly rate of pay" means an employee's annual rate of pay divided by 52.176. 

 

*2.02 Except as otherwise provided in this Agreement, expressions used in this Agreement, 

 

 (a) if defined in the Federal Public Sector Labour Relations Act, have the same meaning as given to them in the Federal Public Sector Labour Relations Act,  and

 

(b) if defined in the Interpretation Act, but not defined in the Federal Public Sector Labour Relations Act, have the same meaning as given to them in the Interpretation Act.

 

ARTICLE 3

 

OFFICIAL TEXTS

 

3.01 Both 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

 

    1. 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 limiting or eliminating any rights or obligations whatever, recognized or conferred upon any employee, under any federal or provincial statutes, present or future.

 

ARTICLE 7

 

HOURS OF WORK

 

7.01 For the purpose of this Article, a week shall consist of seven (7) consecutive days beginning at 00.01 hours Monday and ending at 24:00 hours Sunday.  The day is a twenty-four (24) hour period commencing at 00:01 hours.

 

    1. Normal Work Week

 

The normal work week shall be thirty-seven and one-half (37 1/2) hours, and the normal daily hours of work shall be seven and one-half (7 1/2) hours, exclusive of a meal period.

 

The normal work week shall be Monday through Friday and the normal workday shall be scheduled between 7:00 a.m. and 6:00 p.m.

 

    1. Flexible Hours

 

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 (71/2).

 

    1. Days of Rest

 

An employee shall be granted two (2) consecutive days of rest during each seven (7) day period unless operational requirements do not so permit.    

 

    1. 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 other than five (5) full days provided that over a period of fourteen (14), twenty-one (21) or 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 upon between the employee and the Employer.  In every fourteen (14) or twenty-one (21) or twenty-eight (28)-day period or any other period as agreed to between employee and the Employer, such an employee shall be granted days of rest on such days as are not scheduled as a normal workday for the employee.

 

  1. 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. 

 

  1. For those employees to whom the provisions of clause 7.05 of this Article apply, the provisions of the collective agreement which specify days shall be converted to hours. Where the collective agreement refers to a “day”, it shall be converted to seven and one-half (7 ½) hours.

 

  1. For greater certainty, the following provisions shall be administered as provided herein:

 

Article 2- Interpretations and Definitions

 

2.01 Clause (d) “daily rate of pay” shall not apply

 

Article 8 and 12- Overtime and Travelling time

 

Compensation shall only be applicable on a normal workday for hours in excess of the employee’s scheduled daily hours of work.

 

On a day of rest, compensation shall be granted on the basis of time and one-half (1 ½) except that compensation shall be double time on Sundays.

 

Article 13- Leave general

 

Effective the date on which clause 7.05 of this Article applies or ceases to apply to an employee, the accrued vacation and sick leave credits shall be converted to days or hours, as applicable.

 

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.

 

Article 14 and 15- Vacation leave and Sick leave

 

The converted amounts are as follows:

  1. one and one quarter (1 ¼) days – nine decimal three seven five (9.375) hours 
  2. five twelfths (5/12) days – three decimal one two five (3.125) hours
  3. one and two thirds (1 2/3) days – twelve decimal five zero (12.50) hours
  4. One and eleven twelfths (1 11/12) days – fourteen decimal three seven five (14.375) hours
  5. Two and one twelfth (2 1/12) days – fifteen decimal six two five (15.625) hours
  6. two and one third (2 1/3) days – seventeen decimal five (17.5) hours
  7. two and one half (2 ½) days – eighteen decimal seven five (18.75) hours
  8. one day – seven decimal five (7.5) hours

 

ARTICLE 8

 

OVERTIME

 

8.01 When an employee is required by the Employer to work overtime, compensation shall be paid as follows:

 

(a) on a normal workday, at a rate of time and one-half (1 1/2) for each hour of overtime worked for the first seven and one-half (7 ½) overtime hours worked and double (2) time thereafter;

 

(b) on a first day of rest, at the rate of time and one-half (1 1/2) for the first seven and one half (7 ½)hours and at the rate of double (2) time thereafter;

 

(c) on a second or subsequent day of rest, at the rate of double (2) time. Second or subsequent day of rest means the second or subsequent day in an unbroken series of consecutive and contiguous calendar days of rest;

 

(d) notwithstanding clause (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 day worked.  

 

8.02 When an employee is required by the Employer to work overtime on a holiday, the employee shall be paid, in addition to his or her regular pay for the day

 

(a) time and one-half (1 1/2) for all hours worked up to the daily scheduled hours of work and double (2) time thereafter;

 

(b) double (2) time for such overtime when the holiday is not the employee's scheduled day of work and is contiguous to a day of rest on which the employee also worked and received double (2) time compensation.  

 

8.03 All calculations for overtime shall be based on each completed fifteen (15) minute period.

 

8.04 Employees shall record starting and finishing times of overtime work in a format determined by the Employer.

 

8.05 Except in cases of emergency, call back, or mutual Agreement the Employer shall whenever possible give at least twelve (12) hours' notice of any requirement for overtime.

 

8.06 The Employer will endeavour to make cash payments for overtime in the month following the month in which the credits were earned.

 

  8.07 Upon application by the employee and at the discretion of the Employer, compensation under this Article may be taken in the form of compensatory leave, which will be calculated at the applicable premium rated laid down in this Article.  Compensatory leave earned in a fiscal year and outstanding on March 31 of the next fiscal year shall be paid at the employee’s daily rate of pay on March 31 of the current fiscal year.

 

*8.08 (a)     An employee who works three (3) or more hours of overtime immediately

before or immediately following his scheduled hours of work shall be reimbursed expenses for one meal in the amount of  twelve dollars ($12.00) except where free meals are provided. Reasonable time with pay, to be determined by management, shall be allowed the employee in order that a meal break may be taken 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 additional meal in the amount of  twelve dollars ($12.00) except where free meals are provided. Reasonable time with pay to be determined by management shall be allowed the employee in order that a meal break may be taken either at or adjacent to the employee's place of work. 

 

8.09 Clause 8.08 shall not apply to an employee who is in travel status which entitles the employee to claim expenses for lodging and/or meals.

 

 

 

 

 

ARTICLE 9

 

CALL-BACK

 

9.01 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:

 

(a) a minimum of three (3) hours’ pay at the applicable overtime rate, for each call-back to a maximum of eight (8) hours’ pay in an eight (8) hour period, or

 

(b) compensation at the applicable overtime rate for each hour worked.

 

  9.02 Upon application by the employee and at the discretion of the Employer, compensation 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 March 31 of the next fiscal year shall be paid at the employee's daily rate of pay on March 31 of the current fiscal year. 

  

  9.03 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 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 March 31 of the current fiscal year.

 

ARTICLE 10

 

STANDBY

 

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

 

10.02 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 9 ­Call-Back. 

 

10.03 An employee required to be on standby duty shall be available during the period of standby at a known telephone or pager number and be able to return to duty as quickly as possible if called.  

 

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

10.05 The employer shall provide cellular telephones and/or pagers when employees are required to be on standby.

 

ARTICLE 11

 

DESIGNATED PAID HOLIDAYS

 

*11.01 Subject to clause 11.02, the following days shall be designated paid holidays for employees:  

 

(a) New Year's Day

 

(b) Good Friday 

 

  1. 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 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 Monday in August,  and

 

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

 

For greater certainty, employees who do not work on a Designated Paid Holiday are entitled to seven decimal five (7.5) hours pay at the straight-time rate. 

 

11.02 Except in circumstances set out in Article 27, clause 11.01 does not apply to an employee who is absent without pay on the employee's scheduled working days both immediately preceding and immediately following the holiday.

 

    1. Designated Paid Holiday Falling on a Day of Rest

 

When a day designated as a paid holiday under clause 11.01 coincides with an employee's scheduled day of rest, the holiday shall be moved to the employee's first scheduled day of work following the employee's scheduled day of rest.  

 

11.04 When a day designated as a paid holiday for an employee is moved to another day under the provisions of clause 11.03:  

 

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

 

    1. Designated Paid Holiday Coinciding with a day of Paid Leave

 

Where a day that is a designated paid holiday coincides with a day of leave with pay, or is moved as a result of the application of clause 11.03, that day shall count as a holiday and not as a day of leave.

 

ARTICLE 12

 

TRAVELLING TIME

 

    1. For the purposes of this Agreement travelling time is compensated for only in the circumstances and to the extent provided for in this Article.

 

    1. 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 12.03 and 12.04. Travelling time shall include time necessarily spent at each stop-over en route up to a maximum of three (3) hours.  

 

12.03 For the purposes of clauses 12.02 and 12.04, 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 the 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, directly to the employee's destination and, upon return, directly back to the employee's residence or work place.  

 

(c) In the event that an alternative time of departure and/or means of travel is requested by the employee, the Employer may authorize such alternative arrangements but compensation for travelling time shall not exceed that which would have been payable under the Employer's original determination.

 

12.04 If an employee is required to travel as set forth in clauses 12.02 and 12.03:  

 

(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 or her regular pay for the day for a combined period of travel and work not exceeding seven and one-half (7 1/2) hours, and

 

 (ii) at the applicable overtime rate for additional travel time in excess of a seven and one-half hours (7 1/2) period of work and travel, with a maximum payment for such additional travel time not to exceed twelve (12) hours of pay at the straight-time hourly rate in any day, or fifteen (15) hours pay at the straight-time rate when travelling beyond North America.  

  

 (c)  On a day of rest or on a holiday, the employee shall be paid at the applicable overtime rate for hours travelled to a maximum of  twelve (12) hours of pay at the straight-time hourly rate, or fifteen (15) hours pay at the straight-time rate when travelling beyond North America.  

 

12.05 No travel compensation will be paid for travel to attend courses, training sessions, conferences and seminars, unless the employee is required to attend by the Employer. 

12.06 This Article above does not apply to employees who are required to perform work in any type of transport in which they are travelling.  In such circumstances, they shall receive the greater of:  

 

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

 

(b) pay for actual hours worked in accordance with Articles 7 and 8 of this Agreement.

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

 

12.08 Upon application by the employee and at the discretion of the Employer, compensation 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 March 31 of the next fiscal year shall be paid at the employee’s daily rate of pay on December 31 of the current fiscal year.

 

12.09 Travel Status Leave

(a)       An employee who is required to travel on government business and is away from his 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 additional day off for each additional period of twenty (20) nights that the employee is away from his or her permanent residence to a maximum of eighty (80) additional nights.

(b) The maximum number of days off with pay earned under this clause shall not exceed five (5) days 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 8.07.

(d) The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars unless the employee is required to attend by the employer.

 

ARTICLE 13

 

LEAVE – GENERAL

 

13.01 When the employment of an employee who has been granted more vacation or sick leave with pay than the employee has earned is terminated by death or lay-off, the deceased employee is considered to have earned the amount of leave with pay granted.

 

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

 

13.03 Notwithstanding anything contained in Article 14 (Vacation Leave), Article 15 (Sick Leave), Article 16 (Bereavement Leave), Article 17 (Other Leave), and Article 18 (Career Development) an employee shall not be granted vacation leave, sick leave, 

 

            other leave or career development leave with pay while on leave without pay or under suspension.  

 

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

 

13.05 If at the end of a fiscal year, an employee's entitlement to vacation leave with pay includes a fractional entitlement of less or more than one-half (1/2) day, the entitlement shall be increased to the nearest (1/2) day.

 

  13.06  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.  This clause does not apply to leave granted to an employee to work on external assignments where such assignments are deemed by the employer to be a direct benefit to OSFI.

 

ARTICLE 14

 

VACATION LEAVE WITH PAY

 

14.01 The vacation year shall be from April 1st of one calendar year to March 31st of the following calendar year inclusive.

 

    1. Accumulation of Vacation Leave Credits

 

An employee who has earned at least seventy-five (75) hours’ pay, during any calendar month of a vacation year shall earn vacation leave credits at the following rates in respect of that month:

 

  1. twelve decimal five (12.5) hours until the month in which the anniversary  of the employee’s sixteenth (16th) year of service occurs;

 

  1. Thirteen decimal seven five (13.75) hours commencing with the month in     which the employee’s sixteenth (16th) anniversary of service occurs;

 

  1. fourteen decimal four (14.4) hours commencing with the month in which      the employee’s seventeenth (17th) anniversary of service occurs;

 

  1. fifteen decimal six two five (15.625) hours commencing with the month in which the employee’s eighteenth (18th) anniversary of service occurs;

 

  1. sixteen decimal eight seven five (16.875) hours commencing with the         month in which the employee’s twenty-seventh (27th) anniversary of           service occurs;
  2. eighteen decimal seven five (18.75) hours’ commencing with the month in       which the employee’s twenty-eighth (28th) anniversary of service occurs;

 

14.03 (a) For the purpose of clause 14.02 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, discontinuous service shall count for the purpose of determining vacation leave entitlement when an employee who receives severance pay on lay-off is re-appointed to the Public Service within one year following the date of lay-off.

 

 (b) Effective April 1, 2012, on a go forward basis, any service in the Canadian forces for a continuous period of six (6) months or more, either as a member of the Regular Force or of the Reserve Force while on Class B or C service, shall also be included in the calculation of vacation credits.

 

  14.04 Entitlement to Vacation Leave 

 

Employees are entitled to vacation leave to the extent of their earned credits but employees who have completed six (6) months of continuous service shall receive an advance of credits equivalent to the anticipated credits for the vacation year. 

 

    1. Scheduling of Vacation Leave

 

In scheduling vacation leave with pay for an employee the Employer shall, subject to the operational requirements of the service, make every reasonable effort to comply with the employee's wishes.

 

14.06 The Employer shall give the employee as much notice as is practicable that a request for vacation has or has not been approved.  If the leave is not approved the employee shall be so advised in writing immediately.

 

14.07 Carry-Over of Vacation Leave

 

(a) Where in any vacation year all of the vacation leave credited to an employee has not been scheduled, upon request, the employee may carry-over into the following vacation year up to a maximum of two hundred sixty-two point five (262.5) hours credits. All vacation leave credits in excess of two hundred sixty-two point five (262.5) hours will be paid in cash at the employee’s daily rate of pay as calculated from the classification prescribed in the document appointing the employee to his substantive position on the last day of the vacation year.

 

(b) During any vacation year, upon application by the employee and at the discretion of the Employer, earned but unused vacation leave credits in excess of one hundred twelve point five (112.5) hours may be paid in cash at the employee's daily rate of pay as calculated from the classification prescribed in the document appointing the employee to his substantive position on the last day of the previous vacation year.

 

(c) Where operational requirements prevent the employee from scheduling and using sufficient vacation leave to reduce the balance of unused vacation leave credits to less than two hundred sixty-two point five (262.5) hours, such excess shall be carried over into the next vacation year.

 

    1. Recall from Vacation Leave

 

(a) Subject to operational requirements, the Employer will make every reasonable effort not to recall an employee to duty after he or she has proceeded on vacation leave; 

 

(b) 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:  

 

(i) in proceeding to the employee's place of duty,  and

 

(ii) in returning to the place from which the employee was recalled if the employee immediately resumes vacation upon completing the assignment for which he or she was recalled after submitting such accounts as are normally required by the Employer;

 

(c) Employees shall not be considered as being on vacation leave during any period in respect of which they are entitled under sub-clause 14.08(b) to be reimbursed for reasonable expenses incurred by them;

 

(d) The expenses referred to in (b) shall include the non-returnable portion of vacation contracts and reservations made by the employee in respect of that period, subject to presentation of such documentation as the Employer may require;

 

(e) Expenses referred to in (b) and (d) above shall also include expenses related to all immediate family members who accompanied the Employee on such a vacation, where applicable.

 

    1. Leave When Employment Terminates 

 

When an employee dies or otherwise ceases to be employed, the employee's estate or the employee shall be paid an amount equal to the product obtained by multiplying the number of days of earned but unused vacation leave with pay to his or her credit by the daily rate of pay applicable to the authorized classification of the employee immediately prior to the termination of the employee's employment.

 

14.10 Notwithstanding clause 14.09, an employee whose employment is terminated by reason of a declaration that the employee has abandoned his or her position, is entitled to receive the payment referred to in clause 14.09, if it is requested within six (6) months following the date upon which employment was terminated. 

 

    1. Except in the case of termination for cause, where the employee requests, the Employer shall grant the employee's unused vacation leave credits prior to termination of employment.

 

    1. Cancellation of Vacation Leave 

 

When the Employer cancels or alters a period of vacation 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. 

 

    1. Where in respect of any period of vacation leave with pay, an employee:  

 

(a) is granted bereavement leave, or

 

(b) is granted leave with pay because of illness in the immediate family, or

 

(c) is granted sick leave, or

(d) is granted court leave in accordance with clause 17.11,

 

the period of vacation leave with pay, so displaced shall either be added to the vacation period, if requested by the employee and approved by the Employer, or reinstated for use at a later date.

14.14 Appointment to a federal government department or agency

 

Notwithstanding clause 14.09, an employee who resigns to accept an appointment with an organization listed in Schedule I, IV or V of the Financial Administration Act, may choose not to be paid for earned but unused vacation leave, provided that the appointing organization will accept such credits.

 

 *14.15 (a) 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 14.03.

 

  1. The vacation leave credits provided in clauses 14.15 (a) above shall be excluded from the application of paragraph 14.07 (a) dealing with the carry-over and/or liquidation of vacation leave.

 

ARTICLE 15

 

SICK LEAVE WITH PAY

 

15.01 Credits

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

 

15.02 Granting of Sick Leave 

 

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

 

(a) the employee satisfies the Employer of this condition in such a manner and at such a time as may be determined by the Employer, and

 

(b) the employee has the necessary sick leave credits. 

 

    1. Unless the employee is otherwise informed by the Employer, a statement signed by the employee stating that because of the illness or injury the employee was unable to perform his or her duties shall, when delivered to the Employer, be considered as meeting the requirements of sub-clause 15.02(a).

 

    1. An employee shall not be granted sick leave with pay during any period in which the employee is on leave of absence without pay, or under suspension.

 

    1. 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.

 

15.06 Advance of Credits                    

 

Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause 15.02, sick leave with pay may, at the discretion of the Employer, be granted to an employee for a period of up to one hundred and 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 to the employee.

 

15.07 The Employer may for good and sufficient reason, advance sick leave credits to an employee when a previous advance has not been fully reimbursed. 

 

15.08 If an employee becomes ill during a period of compensatory leave and such illness is supported by a medical certificate, the employee shall be granted sick leave with pay and compensatory leave credits shall be restored to the extent of any concurrent sick leave granted.

 

15.09 Sick leave credits earned but unused 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 one year from the date of lay-off. 

 

15.10 All employees recommended for release from employment pursuant to section 11 (2)(g) of the Financial Administration Act for incapacity by reason of ill-health shall not be released  at a date earlier than the date at which the employee will have utilized the employee’s accumulated sick leave credits.

 

ARTICLE 16

 

BEREAVEMENT LEAVE

 

16.01 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.

 

   *16.02 For the purpose of this clause, family is defined as father, mother (or  alternatively stepfather, stepmother, or foster parent), brother, sister, step-brother, step-sister, spouse (including common-law spouse resident with the employee), child (including child of common-law spouse), stepchild, foster child or ward of the employee, father-in-law, mother-in-law, daughter-in-law, son-in-law, grandchild, grandparents, or any other relative permanently residing in the employee's household or with whom the employee permanently resides or, subject to paragraph 16.02(g) below, a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee.

 

(a) Where a member of an employee's family dies, an employee shall be granted bereavement leave with pay for a period of up to seven (7) consecutive calendar days which must include the day of the funeral or memorial service.  In addition, the employee may be granted up to three (3) days' special leave with pay for the purpose of travel to and from the place of the funeral or service. 

*(b) At the request of the employee, the leave as defined in 16.02(a) may be taken in a single period of seven (7) consecutive calendar days or may be taken in two (2) periods to a maximum of five (5) working days.

 

*(c)       When requested to be taken in two (2) periods,

    1. the first period must include the day of the memorial commemorating    the deceased or must begin within two (2) days following the death;
    2. the second period must be taken no later than twelve (12) months from the date of death for the purpose of attending a ceremony;
    3. the employee may be granted no more than three (3) days’ leave with pay, in total, for the purposes of travel for these two (2) periods.

 

(d) An employee shall be granted leave with pay up to a maximum of one day, in the event of the death of the employee's brother-in-law or sister-in-law and grandparents of spouse.  

 

(e) 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 Employer may, after considering the particular circumstances involved, grant leave with pay for a period greater and/or in a manner different than that provided for in clause 16.02 (a) and 16.02 (b).

 

(f)      If, during a period of paid leave, an employee is bereaved in circumstances under which the employee would have been eligible for bereavement leave under this clause, he or she shall be granted bereavement leave and the paid leave credits shall be restored to the extent of any concurrent bereavement leave granted. 

 

*(g) An employee shall be entitled to bereavement leave with pay for a person who stands in the place of a relative for the employee whether or not there is a degree of consanguinity between such person and the employee only once during the employee’s total period of employment in the public service.

 

ARTICLE 17

 

OTHER LEAVE WITH OR WITHOUT PAY

 

*17.01 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.

 

  1. Notwithstanding paragraph (a):

 

  1. where the employee has not yet proceeded on maternity leave without pay and her newborn child is hospitalized, or

 

  1. where the employee has proceeded on maternity leave without pay and then returns to work for all or part of the period during which 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 during which the employee was not on maternity leave, to a maximum of eighteen (18) weeks.

 

  1. The extension described in paragraph (b) shall end not later than fifty-two (52) weeks after the termination date of pregnancy.

 

  1. The Employer may require an employee to submit a medical certificate certifying pregnancy.

 

  1. 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;

 

  1. use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in Article 15, Sick Leave With Pay. For purposes of this subparagraph, the terms "illness" or "injury" used in Article 15, Sick Leave With Pay, shall include medical disability related to pregnancy.

 

  1. An employee shall inform the Employer in writing of her plans for taking 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 during which termination of pregnancy is expected to occur unless there is a valid reason why the notice cannot be given.

 

  1. 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.

*17.02 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 paragraph (c) to (i), provided that she: 

 

    1. has completed six (6) months of continuous employment before the commencement of her maternity leave without pay,

 

    1. provides the Employer with proof that she has applied for and is in receipt of maternity benefits under the Employment Insurance Plan or the Québec Parental Insurance Plan in respect of insurable employment with the Employer, and

 

    1. has signed an agreement with the Employer stating that: 

 

      1. she will return to work within the federal public administration, as specified in Schedule I, Schedule IV or Schedule V of the Financial Administration Act, 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;

 

      1. 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;

 

 

      1. 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 however, an employee whose specific period of employment expired and who is rehired  within the federal public administration as described in section (A), 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).

 

  1. 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).

 

  1. 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 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,

 

    1. for each week that the employee 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,

 

    1. where an employee has received the full fifteen (15) weeks of maternity benefit under Employment Insurance and thereafter remains on maternity leave without pay, she is eligible to receive a further maternity allowance for a period of one (1) week, ninety-three per cent (93%) of her weekly rate of pay for each week, less any other monies earned during this period.

 

  1. At the employee's request, the payment referred to in subparagraph 17.02(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 maternity benefits.

 

  1. 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.

 

  1. 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.

 

  1. The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for her substantive level to which she is appointed.

 

  1. 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 she was being paid on that day.

 

  1. Where an employee becomes eligible for a pay increment or pay revision while in receipt of the maternity allowance, the allowance shall be adjusted accordingly.

 

  1. Maternity allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.

 

*17.03 Special Maternity Allowance for Totally Disabled Employees

 

  1. An employee who:
    1. fails to satisfy the eligibility requirement specified in subparagraph 17.02(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 Plan maternity benefits, and
    2. has satisfied all of the other eligibility criteria specified in paragraph 17.02(a), other than those specified in sections (A) and (B) of subparagraph 17.02(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 via the Government Employees Compensation Act.
  1. An employee shall be paid an allowance under this clause and under clause 17.02 for a combined period of no more than the number of weeks during which 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).

 

*17.04 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 either: 

 

    1. a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period (standard option); or, 
    2. a single period of up to sixty-three (63) consecutive weeks in the seventy-eight (78) week period (extended option),  

 

beginning on the day on which the child is born or the day on which the child comes into the employee’s care.

 

  1. 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 either: 

 

    1. a single period of up to thirty-seven (37) consecutive weeks in the fifty-two week (52) period (standard option); or,
    2. a single period of up to sixty-three (63) consecutive weeks in the seventy-eight (78) week period (extended option),  

 

beginning on the day on which the child comes into the employee’s care.

 

  1. 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.

 

  1. 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

 

    1. where the employee has proceeded on parental leave without pay and then returns to work for all or part of the period during which 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 during which 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.

 

  1. 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.

 

  1. 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;

 

    1. require an employee to submit a birth certificate or proof of adoption of the child.

 

  1. 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.

 

*17.05 Parental Allowance

 

Under the Employment Insurance (EI) benefits plan, parental allowance is payable under two options, either:

  • Option 1: standard parental benefits, 17.05 paragraphs (c) to (k), or 
  • Option 2: extended parental benefits, 17.05 paragraphs (l) to (t).  

 

Once an employee elects the standard or extended parental benefits and the weekly benefit top up allowance is set, the decision is irrevocable and shall not be changed should the employee return to work at an earlier date than that originally scheduled.

 

Under the Quebec Parental Insurance Plan (QPIP), parental allowance is payable  only under Option 1: standard parental benefits.

 

*Parental Allowance Administration 

 

  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) or (l) to (r), providing he or she: 

 

  1. has completed six (6) months of continuous employment before the commencement of parental leave without pay,

 

  1. 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 Plan or the Quebec Parental Insurance Plan in respect of insurable employment with the Employer, and

 

  1. has signed an agreement with the Employer stating that: 

 

    1. the employee will return to work within the federal public administration, as specified in Schedule I, Schedule IV or Schedule V of the Financial Administration Act, 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;

 

    1. 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 standard parental allowance in addition to the period of time referred to in section 17.02(a)(iii)(B), if applicable. Where the employee has elected the extended parental allowance, following his or her return to work, as described in section (A), the employee will work for a period equal to sixty percent (60%) of the period the employee was in receipt of the extended parental allowance in addition to the period of time referred to in section 17.02(a)(iii)(B), if applicable.

 

    1. should he or she fail to return to work as described in 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:

 

 

 

 

 

 

however, an employee whose specified period of employment expired and who is rehired within the federal public administration as described in section (A), 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).

 

  1. 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).

 

Option 1 - Standard Parental Allowance

 

  1. Parental Allowance payments made in accordance with the SUB Plan will consist of the following: 

 

    1. where an employee on parental leave without pay as described in 17.05(a)(i) and (b)(i), has elected to receive Standard Employment Insurance parental benefits and is subject to a waiting period before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for the waiting period, less any other monies earned during this period;

 

    1. for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/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/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.

 

    1. where an employee has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefit or has divided the full thirty-two (32) weeks of parental benefits with another employee in receipt of the full five (5) weeks paternity under the Québec Parental Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of up to two (2) weeks, ninety-three per cent (93%) of their weekly rate of pay for each week, less any other monies earned during this period;

 

    1. where an employee has divided the full thirty-seven (37) weeks of adoption benefits with another employee under the Québec Parental Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of up to two (2) weeks, ninety-three per cent (93%) of their weekly rate of pay for each week, less any other monies earned during this period;

 

    1. where an employee has received the full thirty-five (35) weeks of parental benefit under the Employment Insurance Plan and thereafter remains on parental leave without pay, he or she is eligible to receive a further parental allowance for a period of one (1) week, ninety-three per cent (93%) of his or her weekly rate of pay for each week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in 17.02(c)(iii) for the same child.

 

    1. where an employee has divided the full forty (40) weeks of parental benefits with another employee under the Employment Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of one (1) week, ninety-three per cent (93%) of their weekly rate of pay for each week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in 17.02(c)(iii) and 17.05(c)(v) for the same child;

 

  1. (d)At the employee’s request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance Plan parental benefits.

 

  1. (e)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 Act Respecting Parental Insurance in Quebec.

 

  1. (f)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;

 

  1. 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.

 

  1. The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which he or she is appointed.

 

  1. 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, the employee was being paid on that day.

 

  1. Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.

 

  1. Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee’s deferred remuneration or severance pay.

 

  1. The maximum combined or shared, maternity and standard parental allowances payable shall not exceed fifty-seven (57) weeks.

 

Option 2 - Extended Parental Allowance:

 

  1. Parental Allowance payments made in accordance with the SUB Plan will consist of the following:

 

    1. where an employee on parental leave without pay as described in 17.04(a)(ii) and (b)(ii), has elected to receive Extended Employment Insurance parental benefits and is subject to a waiting period before receiving Employment Insurance parental benefits, fifty-five decimal eight per cent (55.8%) of his or her weekly rate of pay for the waiting period, less any other monies earned during this period;

 

    1. for each week the employee receives parental or adoption benefits under the Employment Insurance Plan, he or she is eligible to receive the difference between fifty-five decimal eight per cent (55.8%) of his or her weekly rate and the parental, adoption benefit, less any other monies earned during this period which may result in a decrease in his or her parental, adoption benefit to which he or she would have been eligible if no extra monies had been earned during this period;

 

    1. where an employee has received the full sixty-one (61) weeks of parental benefits under the Employment Insurance and thereafter remains on parental leave without pay, he or she is eligible to receive a further parental allowance for a period of one (1) week, fifty-five decimal eight per cent (55.8%) of his or her weekly rate of pay for each week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in 17.02(c)(iii) for the same child.

 

    1. where an employee has divided the full sixty-nine (69) weeks of parental benefits with another employee under the Employment Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of one (1) week, fifty-five decimal eight per cent (55.8%) of their weekly rate of pay for each week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in 17.02(c)(iii) for the same child;

 

  1. At the employee’s request, the payment referred to in subparagraph 17.05(l)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance.

 

  1. The parental allowance to which an employee is entitled is limited to that provided in paragraph (l) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act.

 

  1. The weekly rate of pay referred to in paragraphs (l) shall be: 

 

    1. for a full-time employee, the employee’s weekly rate of pay on the day immediately preceding the commencement of 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 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.

 

  1. The weekly rate of pay referred to in paragraph (l) shall be the rate to which the employee is entitled for the substantive level to which he or she is appointed.

 

  1. Notwithstanding paragraph (p), and subject to subparagraph (o)(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 the employee was being paid on that day.

 

  1. Where an employee becomes eligible for a pay increment or pay revision while in receipt of the allowance, the allowance shall be adjusted accordingly.

 

  1. Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee’s deferred remuneration or severance pay.

 

  1. The maximum combined, shared, maternity and extended parental allowances payable shall not exceed eighty-six (86) weeks for each combined maternity and parental leave without pay. 

 

*17.06 Special parental allowance for totally disabled employees

 

  1. An employee who: 

 

    1. fails to satisfy the eligibility requirement specified in subparagraph 17.05(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 via the Government Employees Compensation Act prevents the employee from receiving Employment Insurance or Québec Parental Insurance benefits, and

 

    1. has satisfied all of the other eligibility criteria specified in paragraph 17.05(a), other than those specified in sections (A) and (B) of subparagraph 17.05(a)(iii), 

 

shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in subparagraph 17.06(a)(i), the difference between ninety-three per cent (93%) of the employee’s rate of pay and the gross amount of his or her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.

 

  1. An employee shall be paid an allowance under this clause and under clause 17.05 for a combined period of no more than the number of weeks during which 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 17.06(a)(i).

 

17.07 Leave Without Pay for the Care of Family 

 

*(a) For the purpose of this article, “family” is defined as spouse (or common-law spouse resident with the employee), children (including foster children or children of legal or common-law spouse) parents (including stepparents or foster parents) or any relative permanently residing in the employee’s household or with whom the employee permanently resides, or a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee.

 

(b) Subject to 17.07(a), an employee shall be granted leave without pay for the care of family in accordance with the following conditions:

 

(i) 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;

 

(ii) leave granted under this article shall be for a minimum period of three (3) weeks;

 

(iii) 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;

 

(c) 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.

 

(d) 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.

 

17.08 Leave Without Pay 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 an employee for personal needs.  

 

Leave granted under this clause shall be counted for the calculation of continuous employment for the purpose of calculating severance pay entitlements and service for the purpose of calculating vacation leave entitlements.  Time spent on such leave shall be counted for performance pay purposes.  

 

(b) Subject to operational requirements, leave without pay for more than three (3) months but not exceeding one (1) year will be granted to an employee for personal needs.  

 

(c) An employee is entitled to leave only once under each of (a) and (b) of this clause 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. 

 

(d) 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 service for the purpose of calculating vacation leave for the employee involved. 

 

17.09 Leave Without Pay for Relocation of Spouse 

 

(a) At the request of an employee, leave without pay for a period up to one (1) year shall be granted to an employee whose spouse is permanently relocated and up to three (3) years to an employee whose spouse is temporarily relocated. Employees on leave without pay for relocation of spouse or whose request for such leave was approved prior to the signing of this collective agreement, will have access to the five (5) year provision.

 

(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 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.

17.10 Leave With Pay for Family-Related Responsibilities 

 

*(a) For the purpose of this clause, family is defined as spouse (including common-law partner), children (including foster-children, step children and children of legal or common-law partner and ward of the employee), parents (including stepparents or foster parents), father –in-law, mother-in-law, brother, sister, step-brother, step-sister, grandparents and grandchildren of the employee, any relative permanently residing in the employee's household or with whom the employee permanently resides, or any relative for whom the employee has a duty of care, irrespective of whether they reside with the employee, or a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee.

 

(b)      The total leave with pay which may be granted under sub-clause (c) shall not exceed thirty seven decimal five (37.5) hours in a fiscal year.

 

(c) The Employer shall grant leave with pay under the following circumstances:

 

(i) Leave with pay for an appointment to take a family member as defined in (a) above, 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 make every reasonable effort to schedule the appointment to minimize or preclude time away from work, and will notify his or her supervisor of the appointment as far in advance as possible.

 

(ii) Leave with pay 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.

 

  1. Leave with pay for needs directly related to the birth or the adoption of the employee’s child.  This leave may be divided into two (2) periods and granted on separate days.

 

  1. leave with pay to provide for the immediate and temporary care of an elderly member of the employee’s family;

 

  1. leave with pay to attend school functions, if the supervisor was notified of the function as far in advance as possible;

 

(vi) leave with pay to provide for the employee’s child in the case of an unforeseeable closure of the school or daycare facility;

 

(vii)  Seven decimal five (7.5) hours out of the thirty-seven decimal five (37.5) hours stipulated in paragraph 17.10 (b) above may be used 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.

 

17.11 Court Leave 

 

Leave with pay shall be given to an employee who is required:  

 

(a) to be available for jury selection and/or to serve on a jury; or

 

(b) by subpoena or summons to attend as a witness in any proceeding held:  

(i) in or under the authority of a court of justice or  before a grand jury, 

 

(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 otherwise than in the performance of the duties of the employee'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 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. 

 

    1. 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 when a claim has been made pursuant to the Government Employees Compensation Act, and a Worker's Compensation authority has notified the Employer that it has certified that the employee is unable to work because of:  

 

(a) personal injury received in the performance of the employee's duties and not caused by the employee's wilful misconduct, 

 

(b) an industrial illness or a disease arising out of and in the course of his or her employment, 

 

(c) exposure to hazardous conditions in the course of his employment;

 

If the employee agrees to remit to the Receiver General of Canada any amount received by him 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 employee or the employee's agent has paid the premium.  

 

17.13 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 or in the Office of the Superintendent of Financial Institutions, as defined in the Federal Public SectorLabour Relations Act, the employee is entitled to leave with pay for the period during which 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 his presence is so required.

 

17.14 Examination Leave

 

One (1) day of leave with pay for the purpose of preparing for or taking an examination or defending a dissertation, 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 his qualifications.

 

17.15 Leave With or Without Pay for Other Reasons 

 

At its discretion, the Employer may grant:

 

(a) leave with pay when circumstances not directly attributable to the employee prevent his reporting for duty.  Such leave shall not be unreasonably withheld;

  

(b) leave with or without pay for purposes other than those specified in this Agreement.

 

    1.   Leave with Pay for Medical Appointment for Pregnant Employees 

 

(a) Up to one half (1/2) day of reasonable time off with pay shall be granted to pregnant employees for the purposes of attending routine medical appointments.

 

(b) Where a series of continuing appointments are necessary for the treatment of a particular condition relating to pregnancy, absences shall be charged to sick leave. The Employer may require certification from the treating practitioner.

 

Effective April 1, 2017, Article 17.17 (Volunteer Leave with Pay) is deleted from the collective agreement.

 

17.17 Personal Leave with Pay

 

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 fifteen (15) hours of leave with pay for reasons of a personal nature. This leave can be taken in periods of seven decimal five (7.5) hours or three decimal seven five (3.75) hours each.

 

 

*17.18 Domestic Violence Leave

 

  1. For the purposes of this article “domestic violence” is considered to be any form of abuse or neglect that an employee or an employee’s child experiences from someone with whom the employee has or had an intimate relationship. 

 

  1. The parties recognize that employees may be subject to domestic violence in their personal life that could affect their attendance at work. 

 

  1. Upon request, an employee who is subject to domestic violence or who is the parent of a dependent child who is subject to domestic violence from someone with whom the employee has or had an intimate relationship shall be granted domestic violence leave in order to enable the employee, in respect of such violence:

 

    1. to seek care and/or support for themselves or their dependent child in respect of a physical or psychological injury or disability;
    2. to obtain services from an organization which provides services for individuals who are subject to domestic violence;
    3. to obtain professional counselling;
    4. to relocate temporarily or permanently; or
    5. to seek legal or law enforcement assistance or to prepare for or participate in any civil or criminal legal proceeding.

 

  1. The total domestic violence leave with pay which may be granted under this article shall not exceed seventy-five (75) hours in a fiscal year.

 

  1. The Employer may, in writing and no later than fifteen (15) days after an employee’s return to work, request the employee to provide documentation to support the reasons for the leave. The employee shall provide that documentation only if it is reasonably practicable for them to obtain and provide it.

 

  1. Notwithstanding clauses 17.18(b) to 17.18(c), an employee is not entitled to domestic violence leave if the employee is charged with an offence related to that act or if it is probable, considering the circumstances, that the employee committed that act.

 

*17.19 Caregiving Leave

 

  1. An employee who provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) benefits for Compassionate Care Benefits, Family Caregiver Benefits for Children and/or Family Caregiver Benefits for Adults may be granted leave without pay while in receipt of or awaiting these benefits. 

 

  1. The leave without pay described in 17.19(a) shall not exceed twenty-six (26) weeks for Compassionate Care Benefits, thirty-five (35) weeks for Family Caregiver Benefits for Children and fifteen (15) weeks for Family Caregiver Benefits for Adults, in addition to any applicable waiting period.

 

  1. When notified, an employee who was awaiting benefits must provide the Employer with proof that the request for Employment Insurance (EI) Compassionate Care Benefits, Family Caregiver Benefits for Children and/or Family Caregiver Benefits for Adults has been accepted.
  2. When an employee is notified that their request for Employment Insurance (EI) Compassionate Care Benefits, Family Caregiver Benefits for Children and/or Family Caregiver Benefits for Adults has been denied, clause 17.19(a) above ceases to apply.

 

  1. 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.

 

ARTICLE 18

 

CAREER DEVELOPMENT

 

18.01 General

 

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

 

18.02 Education Leave 

 

(a) 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 present work requirements or role more adequately, or to undertake studies in some field in order to provide a service which the Employer requires or is planning to provide.  

 

(b) An employee on Education Leave without pay under this clause shall receive an allowance in lieu of salary equivalent from fifty per cent (50%) to one hundred per cent (100%) of basic salary. The percentage of the allowance is at the discretion of the Employer.  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.

 

(c) 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.

 

(d) 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:  

 

(i) fails to complete the course, other than for reasonable cause,

 

(ii) does not resume employment with the Employer on completion of the course, or

 

(iii) ceases to be employed, except by reason of death or lay-off, before termination of the period he has undertaken to serve after completion of the course,

 

the employee shall repay the Employer all allowances paid under this clause during the education leave or such lesser sum as shall be determined by the Employer.  

 

18.03 Attendance at Conferences and Conventions 

 

(a) The parties to this Agreement recognize that attendance or participation at conferences, conventions, symposia, workshops and other gatherings of a similar nature contributes to the maintenance of high professional standards.  

 

(b) In order to benefit from an exchange of knowledge and experience, an employee shall have the opportunity on occasion to attend conferences and conventions which are related to the employee's field of specialization, subject to operational requirements.  

 

(c) The Employer may grant leave with pay and reasonable expenses including registration fees to attend such gatherings, subject to budgetary and operational constraints.

 

(d) An employee who attends a conference or convention at the request of the Employer shall be deemed to be on duty and, as required, in travel status.  The Employer shall pay the registration fees of the convention or conference the employee is required to attend.  

 

(e) An employee invited to participate in a conference or convention in an official capacity, such as to present a formal address or to give a course related to his field of employment, may be granted leave with pay for this purpose and may, in addition, be reimbursed for the employee's payment of convention or conference registration fees and reasonable travel expenses.  

 

(f)        An employee shall not be entitled to any compensation under Article 8 (Overtime) and 12 (Travelling Time) in respect of hours he or she is in attendance at or travelling to or from a conference or convention under the provisions of this clause, except as provided by paragraph(d).  

 

18.04 Professional Development 

 

(a) The parties to this Agreement share a desire to improve professional standards by giving the employees the opportunity on occasion:  

 

(i) to participate in workshops, short courses or similar out-service programs to keep up to date with knowledge and skills in their respective fields, 

 

(ii) to conduct research or perform work related to their normal research programs in institutions or locations other than those of the Employer, 

 

(iii) to carry out research in the employee's field of specialization not specifically related to their assigned work projects when in the opinion of the Employer such research is needed to enable the employees to fill their present role more adequately.  

 

(b) Subject to the Employer's approval an employee shall receive leave with pay in order to participate in the activities described in 18.04(a).

 

(c) An employee may apply at any time for professional development under this clause, and the Employer may select an employee at any time for such professional development.  

 

(d) When an employee is selected by the Employer for professional development under this clause, the Employer will consult with the employee before determining the location and duration of the program of work or studies to be undertaken.  

 

(e) Employees selected for professional development under this clause shall continue to receive their normal compensation, including any increase for which they may become eligible. Employees shall not be entitled to any compensation under Articles 8 (Overtime) and 12 (Travelling Time) while on professional development under this clause.  

 

(f) 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.

 

 

18.05 Selection Criteria 

 

(a) The Employer shall establish Selection Criteria for granting leave under clauses 18.02, 18.03 and 18.04.  Upon request, a copy of these criteria will be provided to an employee and/or the Institute Representative.  

 

(b) The parties to this Agreement acknowledge the mutual benefits to be derived from consultation on Career Development.  To this effect, the Employer, upon request, will consult with the Institute as prescribed in Article 31, Joint Consultation. 

 

ARTICLE 19

 

SEVERANCE PAY

 

19.01 Under the following circumstances and subject to clause 19.02, an employee shall receive severance benefits calculated on the basis of his weekly rate of pay:  

 

(a) Lay-Off 

 

(i) On the first lay-off, for the first (1st) complete year of continuous employment, two (2) weeks’ pay, or three (3) weeks’ pay for employees with ten (10) or more and less than twenty (20) years of continuous employment, or four (4) weeks’ pay for employees with twenty (20) or more years of continuous employment, plus one (1) week's pay for each additional complete year of continuous employment and, in the case of partial years of continuous employment, one (1) week’s pay multiplied by the number of days of continuous employment divided by 365.

 

(ii) On second or subsequent lay-off, one (1) week's pay for each complete year of continuous employment and, in the case of partial years of continuous employment, one (1) week’s pay multiplied by the number of days of continuous employment divided by 365, less any period in respect of which he was granted severance pay under 19.01(a)(i) above.

(d) Death 

 

When an employee dies, there shall be paid to his estate 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 365, to a maximum benefit of thirty (30) weeks' pay.

 

 

(e) Termination for cause for Reasons of Incapacity or Incompetence

 

(i) When an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of termination for cause for reasons of incapacity, pursuant to section 11(2)(g) of the Financial Administration Act, one (1) week's pay for each complete year of continuous employment and, in the case of partial years of continuous employment, one (1) week’s pay multiplied by the number of days of continuous employment divided by 365, with a maximum benefit of twenty-eight (28) weeks 

 

(ii) When an employee has completed more than ten (10) years of continuous employment and ceases to be employed by reason of termination for cause for reasons of incompetence, pursuant to the provisions of section 11(2) (g) 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.

 

19.02 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 19.01 be pyramided.  

 

For greater certainty, payments made pursuant to Articles 19.05-19.07 or similar provisions in other collective agreements shall be considered as a severance benefit for the administration of this provision.

 

19.03 The weekly rate of pay referred to in this Article shall be the weekly rate of pay to which the employee is entitled for the classification prescribed in the employee's document of appointment on the date of the termination of the employee's employment.

 

19.04 An employee who resigns to accept an appointment with an organization listed in Schedule I, IV or V of the Financial Administration Act shall be paid all severance payments resulting from the application of Article 19.06.

19.05 Severance Benefit

 

(a) Subject to 19.02 above, indeterminate employees shall be entitled to a severance benefit equal to one (1) week’s pay for each complete year of continuous employment, up to March 31, 2011 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 sixtyfive (365), to a maximum of  thirty (30) weeks.

(b) Subject to 19.02 above, term employees shall be entitled to severance termination benefits equal to one (1) week’s pay for each complete year of continuous employment, to a maximum of thirty (30) weeks.

 

19.06 Terms of Payment – Options

 

The amount to which an employee is entitled shall be paid, at the employee's discretion, either: 

 

(a) as a single payment at the rate of pay of the employee's substantive position as of April 1, 2011, or

(b) as a single payment at the time of the employee’s termination of employment from the Employer, based on the rate of pay of the employee's substantive position at the date of termination of employment from the Employer, or .

(c) as a combination of (a) and (b), pursuant to 19.07(c).

 

19.07 Selection of Option

 

(a) The Employer will advise the employee of his or her years of continuous employment no later than three (3) months following the official date of signing of the collective agreement.

(b) The employee shall advise the Employer of the term of payment option selected within six (6) months from the official date of signing of the collective agreement.

(c) The employee who opts for the option described in 19.06(c) must specify the number of complete weeks to be paid out pursuant to 19.06(a) and the remainder shall be paid out pursuant to 19.06(b).

(d) An employee who does not make a selection under 19.07(b) will be deemed to have chosen option 19.06(b).

 

ARTICLE 20

 

STATEMENT OF DUTIES

 

20.01 Upon written request, an employee shall be provided with a complete and current statement of the duties and responsibilities of his or her position, including the classification level and the point rating allotted for each factor of his position, and an organization chart depicting the position’s place in the organization.

 

ARTICLE 21

 

SAFETY AND HEALTH

 

21.01 The Employer shall continue to enforce 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.

 

21.02 If an employee who is required to perform duties off-site is prevented from performing his duties because of a risk to his health and safety at the off-site location, the employee shall report the matter to the Employer and the employee affected shall not be denied regular pay and benefits to which he or she would normally be entitled.

 

ARTICLE 22

 

RECOGNITION

 

22.01 The Employer recognizes the Institute as the exclusive bargaining agent for all employees described in the certificate issued by the Public Service Staff Relations Board on the 7th of June, 1999 covering employees of the Professional Employees Group.  

 

 22.02   The Employer recognizes that it is a proper function and a right of the Institute to bargain with a view to arriving at a Collective Agreement and the Employer and the Institute agree to bargain in good faith, in accordance with the provisions of the Federal PublicSector Labour Relations Act.  

 

ARTICLE 23

 

CHECK OFF

 

23.01 Subject to the provisions of this Article, the Employer will, as condition of employment, deduct an amount equal to the monthly membership dues from the pay of all employees in the bargaining unit.  

23.02 The Institute shall inform the Employer in writing of the authorized monthly deduction to be checked off for each employee defined in clause 23.01.  

 

23.03 For the purpose of applying clause 23.01, deductions from pay for each employee in respect of each month will start with the first full month of employment to the extent that earnings are available. 

 

23.04 An employee who satisfies the Employer to the extent that he or she declares in an affidavit that he or she is a member of a religious organization whose doctrine prevents the employee as a matter of conscience from making financial contributions to an employee organization and that he or she will make contributions to a charitable organization registered pursuant to the Income Tax Act, other than the religious organization named in the affidavit, equal to dues, shall not be subject to this Article, provided that the affidavit submitted by the employee is countersigned by an official representative of the religious organization involved.  A copy of the affidavit will be provided to the Institute.

 

  23.05 From the date of signing and for the duration of this Agreement, no employee organization as defined in Section 2 of the Federal Public Sector Labour Relations Act, other than the Institute shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of employees in the bargaining unit.  

 

23.06 The amounts deducted in accordance with clause 23.01 shall be remitted to the Institute by cheque within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each employee and the deductions made on the employee’s behalf.

 

23.07 The Employer agrees to continue the past practice of making deductions for other purposes on the basis of the production of appropriate documentation.  

 

23.08 The Institute agrees to indemnify and save the Employer harmless against any claim or liability arising out of the application of this Article, except for any claim or liability arising out of an error committed by the Employer, in which case the liability shall be limited to the amount of the error.

 

23.09 When it is mutually acknowledged that an error has been committed in the application of this article, the Employer shall endeavour to correct such error within the two (2) weeks following the acknowledgement of the error.

 

ARTICLE 24

 

USE OF EMPLOYER FACILITIES

 

24.01 A duly accredited representative of the Institute may be permitted access to the Employer's premises on stated Institute business and to attend meetings called by management. Permission to enter the premises shall, in each case be obtained from the Employer. Such permission shall not be unreasonably withheld.

 

24.02 Reasonable space on bulletin boards located in convenient locations, and electronic media (intranet and electronic mail) where available, will be made available to the Institute for the posting of official Institute notices: 

 

(a) notices of meetings of the Institute,

(b) notices of elections,

(c) the names of Institute representatives,

(d) minutes of Institute and Group Annual and Executive Meetings,

(e) notices of social and recreational events, and any other union information which is not contrary the Employer`s interests.  Posting of such other information shall require the prior approval of the employer.

 

24.03 The Employer shall continue its present practice of making available to the Institute, specific locations on its premises for the placement of reasonable quantities of literature of the Institute.

 

ARTICLE 25

 

INFORMATION

 

25.01 The Employer agrees to provide the Institute, on a quarterly basis, with a list of all employees in the bargaining unit.  The list referred to herein shall include the name, employing department, geographical location and classification of the employee and shall be provided within one month following the termination of each quarter. As soon as practicable, the Employer agrees to add to the above list the date of appointment for new employees.  

 

25.02 The Employer agrees to supply each employee with an electronic copy of the Agreement and to supply each new employee a membership application form and the name of local stewards.

 

25.03 The employer agrees to provide the local steward or executive member with the names of new employees on a monthly basis.  

 

25.04 Upon written request of an employee, the Employer shall, where possible, make available by electronic media, all internal policies and those listed in Clause 30.01 which have a direct bearing on the requesting employee's terms and conditions of employment.

 

25.05 The Employer agrees to distribute to each new member of the bargaining unit an information package prepared and supplied by the Institute.  Such information package shall require the prior approval of the Employer.  The Employer shall have the right to refuse to distribute any information that it considers adverse to its interests or to the interests of any of its representatives.

 

ARTICLE 26

 

STEWARDS

 

26.01 The Employer acknowledges the exclusive right of the Institute to appoint stewards.

 

26.02 The Employer and the Institute shall determine the area of jurisdiction of each steward having regard to the plan of organization, the distribution of employees at the work place and the administrative structure.  

 

26.03 The Institute shall notify the Employer promptly and in writing of the names of its  stewards appointed pursuant to 26.02 and of any subsequent changes.

 

26.04 Leave for Stewards

 

Operational requirements permitting, the Employer shall grant leave with pay to an employee to enable him to carry out his functions as a Steward on the Employer's premises.  When the discharge of these functions requires an employee who is a Steward to leave his normal place of work, the employee shall endeavour to so notify his supervisor.

ARTICLE 27

 

LEAVE FOR LABOUR RELATIONS MATTERS

 

*27.01 Federal Public Sector Labour Relations and Employment Board Hearings 

 

(a) Complaints made to the Federal Public Sector Labour Relations and Employment Board pursuant to Section 190(1) of the Federal Public Sector Labour Relations Act 

 

Where operational requirements permit, the Employer will grant leave with pay:  

 

(i)      to an employee who makes a complaint on his or her own behalf  before the Federal Public Sector Labour Relations and Employment Board, and

 

(ii)     to an employee who acts on behalf of an employee making acomplaint, or who acts on behalf of the Institute making a complaint.

 

(b) Applications for Certification

 

Representations and Interventions with respect to Applications for Certification. Where operational requirements permit, the Employer will grant leave without pay:  

 

  1. to an employee who represents the Institute in an application for certification or in an intervention,  and

 

  1. to an employee who makes personal representations with respect to a certification.  

 

  1. Employee called as a Witness 

 

The Employer will grant leave with pay: 

 

  1. to an employee called as a witness by the Federal Public Sector Labour Relations and  Employment Board, and

 

  1. where operational requirements permit, to an employee called              as a witness by an employee or the Institute.

 

  27.02 Arbitration Board, Dispute Resolution Processes, Public Interest Commission Board Hearings 

 

  1. Where operational requirements permit, the Employer will grant leave with pay to an employee representing the Institute in an Alternate Dispute Resolution Process, or before an Arbitration Board or Public Interest Commission Board

 

  1. Employee called as a Witness 

 

The Employer will grant leave with pay to an employee called as a witness by an Arbitration Board or Public Interest Commission Board or to participate in an Alternate Dispute Resolution Process, and where operational requirements permit, leave with pay to an employee called as a witness by the Institute.

 

27.03 Adjudication 

 

(a) Employee who is a Party 

Where operational requirements permit, the Employer will grant leave with pay to an employee who is a party.  

(b) Employee who Acts as Representative 

Where operational requirements permit, the Employer will grant leave with pay to the representative of an employee who is a party.  

(c) Employee called as a Witness 

Where operational requirements permit, the Employer will grant leave with pay to a witness called by an employee who is a party. 

 

27.04 Meetings during the grievance process 

 

(a) Employee Presenting Grievance 

Where operational requirements permit, the Employer will grant to an employee, 

(i) where the Employer originates a meeting with the employee who has presented the grievance, leave with pay when the meeting is held in the headquarters area of such employee and on duty status when the meeting is held outside the headquarters area of such employee; and

 

(ii) where an employee who has presented a grievance seeks to meet with the Employer, leave with pay to the employee when the meeting is held in the headquarters area of such employee and leave without pay when the meeting is held outside the headquarters area of such employee.

 

(b) Employee who Acts as a Representative 

An employee who acts as the representative of an employee who has presented a grievance, where operational requirements permit, will be granted leave with pay when the meeting is held in the representative's headquarters area and leave without pay when the meeting is held outside his headquarters area.

 

(c) Grievance Investigations 

Where an employee has asked or is obliged to be represented by the Institute in relation to the presentation of a grievance and an employee acting on behalf of the Institute wishes to discuss the grievance with that employee, the employee and the representative of the employee will, where operational requirements permit, be given reasonable leave with pay for this purpose when the discussion takes place in the headquarters area of such employee and leave without pay when it takes place outside the headquarters area of such employee.

 

27.05 Contract negotiations meetings 

 

Where operational requirements permit, the Employer will grant leave without pay to an employee for the purpose of attending contract negotiations meetings on behalf of the Institute.

 

    1. Preparatory contract negotiations meetings 

 

Where operational requirements permit, the Employer will grant leave without pay to an employee to attend preparatory contract negotiations meetings.

 

    1. Meetings between the Institute and Management

 

Where operational requirements permit, the Employer will grant leave with pay to an employee who is meeting with management on behalf of the Institute.  

    1. Institute meetings and conventions

 

Where operational requirements permit, the Employer will grant leave without pay to an employee to attend meetings and conventions provided in the Constitution and By-laws of the Institute.

 

    1. Steward training courses

 

Where operational requirements permit, the Employer will grant leave without pay to employees who exercise the authority of a steward on behalf of the Institute to undertake training related to the duties of a steward.  

 

Where operational requirements permit, the Employer will grant leave with pay to employees appointed as stewards by the Institute, to attend training sessions concerning Employer/employee relations sponsored by the Employer.

 

ARTICLE 28

 

CONTRACTING OUT

 

28.01 The Employer will continue past practice in giving all reasonable consideration to continued employment in the Public Service of employees who would otherwise become redundant because work is contracted out. 

 

ARTICLE 29

 

GRIEVANCE PROCEDURE

 

29.01 The parties recognize the value of informal discussion between employees and their supervisors to the end that problems might be resolved without recourse to a formal grievance. When, within the time limits prescribed in clause 29.08, employees give notice that they wish to take advantage of this clause, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits. 

 

29.02 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:  

 

(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and

 

(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.

 

29.03 A grievance of an employee shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer.

 

*29.04 Subject to and as provided in the Federal Public Sector Labour Relations Act, employees who feel that they have been treated unjustly or consider themselves aggrieved by an action or lack of action by the Employer in matters other than those arising from the classification process are entitled to present a grievance in the manner prescribed in clause 29.02, except that: 

 

(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with the specific complaint such procedure must be followed, and

 

(b) where the grievance relates to the interpretation or application of this Agreement or an Arbitral Award, the employee is not entitled to present the grievance unless the employee has the approval of and is represented by the Institute. 

 

29.05 There shall be no more than a maximum of three (3) levels in the grievance procedure.  These levels shall be as follows:  

 

(a) Level 1 - first level of management; 

 

(b) Level 2 - as established by the Employer; 

 

(c) Final Level - Superintendent or the Superintendent’s representative.

 

29.06 (a) The Employer shall designate a representative at each level in the grievance procedure and shall inform each employee to whom the procedure applies of the name or title of the person so designated together with the name or title and address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented.

 

(b) This information shall be communicated via intranet by the Employer to employees to whom this grievance procedure applies, or otherwise, as determined by Agreement between the Employer and the Institute.

 

29.07 If employees so desire they may be assisted and/or represented by the Institute when presenting a grievance at any level.  The Institute shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.  

 

29.08 An employee may present a grievance to the first level of the procedure in the manner prescribed in clause 29.02, not later than the twenty-fifth (25th) day after the date on which the employee is notified orally or in writing or on which he or she first becomes aware of the action or circumstances giving rise to grievance. 

 

29.09 An employee may present a grievance at each succeeding level in the grievance procedure beyond the first level either:  

 

(a) where the decision or settlement is not satisfactory to the employee within ten (l0) days after that decision or settlement has been conveyed in writing to the employee by the Employer,  or

 

(b) where the Employer has not conveyed a decision to the employee within the time prescribed in clause 29.10, within fifteen (15) days after the employee presented the grievance at the previous level.

 

29.10 The Employer shall normally reply to an employee's grievance at any level, except the Final Level, of the grievance procedure within ten (10) days after the grievance is presented. The Final level shall normally provide a reply within twenty (20) days after the grievance has been presented to that level.

 

29.11 Where an employee has been represented by the Institute in the presentation of the employee's grievance, the Employer will provide the appropriate representative of the Institute with a copy of the Employer's decision at each level of the grievance procedure at the same time that the Employer's decision is conveyed to the employee. 

 

  *29.12  Where a grievance has been presented up to and including the final level in the grievance  process, and the grievance is not one that may be referred to adjudication, the decision on the grievance taken at the final level in the grievance process is final and binding and no further action may be taken under the Federal Public Sector Labour Relations Act.  

 

29.13 In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated holidays shall be excluded. 

 

29.14 Where the provisions of clause 29.02 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is delivered to the appropriate office of the department or agency concerned.  Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form. 

 

29.15 The time limits stipulated in this procedure may be extended by mutual Agreement between the Employer and the employee and, where appropriate, the Institute representative, except as provided in clause 29.17.  

 

29.16 Where it appears that the nature of the grievance is such that a decision cannot be given below a particular level of grievance procedure, any or all the levels except the Final Level may be eliminated by Agreement of the Employer and the employee, and, where applicable, the Institute.

 

29.17 Where the Employer discharges an employee, the grievance procedure set forth in this Agreement shall apply except that:  

 

(a) the grievance may be presented at the Final Level only, and

 

(b) the twenty (20)-day time limit within which the Employer is to reply at the Final Level may be extended to a maximum of forty (40) days by mutual Agreement of the Employer and the appropriate Steward of the Institute.

 

29.18 An employee may by written notice to the employee's immediate supervisor or officer-in-charge abandon a grievance.  

 

29.19 Any employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond the employee's control, the employee was unable to comply with the prescribed time limits. 

 

29.20 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an employee to abandon a grievance or refrain from exercising the right to present a grievance, as provided in this Agreement. 

 

29.21 Where an employee has presented a grievance up to and including the Final Level in the grievance procedure with respect to:  

 

(a) the interpretation or application in respect of him or her of a provision of this Agreement or a related Arbitral Award, or

 

*(b) disciplinary action resulting in discharge, suspension or a financial penalty, 

and the employee's grievance has not been dealt with to his or her satisfaction, the employee may refer the grievance to adjudication in accordance with the provisions of the Federal Public Sector Labour Relations Act and Regulations.

 

29.22 Where a grievance that may be presented by an employee to adjudication is a grievance relating to the interpretation or application in respect of the employee of a provision of this Agreement or an Arbitral Award, the employee is not entitled to refer the grievance to adjudication unless the Institute signifies in prescribed manner:  

(a) its approval of the reference of the grievance to adjudication, and

 

(b) its willingness to represent the employee in the adjudication proceedings.

ARTICLE 30

 

OSFI POLICIES

 

30.01 The following policies form part of this Collective Agreement:

 

  (1) Travel Policy; 

 

(2) Relocation Policy;

 

(3) Bilingual Bonus Policy; 

 

(4) Workforce Adjustment Policy. 

 

30.02 Grievances in regard to the above policies shall be filed in accordance with Article 29 on grievance procedure in this Collective Agreement.

 

30.03 The parties agree that the above-listed policies may be modified at any time by mutual agreement of the parties, provided such modifications do not have a monetary impact.

 

ARTICLE 31

 

JOINT CONSULTATION

 

31.01 The parties acknowledge the mutual benefits to be derived from meaningful and effective joint consultation and will consult on matters of common interest. 

31.02 The subjects that may be determined as appropriate for joint consultation will be by mutual agreement of the parties and shall include consultation regarding career development, human resources initiatives, performance pay and the provision of information to employees and the Institute. Consultation may be at the local, regional or national level as determined by the parties.  

 

31.03 Wherever possible, the Employer shall consult with representatives of the Institute at the appropriate level about contemplated changes in conditions of employment or working conditions not governed by this Agreement.

 

31.04 Joint Consultation Committee Meetings

 

The Consultation Committees 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.  

 

31.05 Employees forming the continuing membership of the 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.  

 

31.06 Joint Consultation Committees are prohibited from agreeing to items which would alter any provision of this Agreement. 

 

ARTICLE 32

 

STANDARDS OF DISCIPLINE

 

32.01 Where written departmental standards of discipline are developed or amended, the Employer agrees to supply sufficient information on the standards of discipline to each employee and to the Institute.  

 

  32.02 Where an employee is required to attend a meeting on disciplinary matters, the employee is entitled to have, at his or her request, a representative of the Institute attend the meeting.  Where practicable, the employee shall receive, in writing, notice of such meeting as well as its purpose and, where practicable, a minimum of two (2) full business days shall elapse between the date the notice is given and the date the meeting is held.

 

32.03 The Employer agrees not to introduce as evidence in a hearing related to disciplinary action any document or written statement concerning the conduct of an employee unless that employee has been provided with a copy of that document or statement within a reasonable period before that hearing.

32.04 When a report pertaining to an employee's performance or conduct is placed on that employee's personnel file, the employee concerned shall be given an opportunity to sign the report in question to indicate that its contents have been read and to acknowledge that a copy has been received by the employee.

 

32.05 Notice of disciplinary action which may have been placed on the personnel file of an employee shall be destroyed after two (2) years have elapsed since the disciplinary action was taken provided that no further disciplinary action has been recorded during this period.  This period will automatically be extended by the length of any single period of leave without pay in excess of six (6) months.

 

 

 

 

 

ARTICLE 33

 

LABOUR DISPUTES

 

33.01 If employees are prevented from performing their duties because of a strike or lock-out on the premises of another employer, the employees shall report the matter to the Employer, and the Employer will make reasonable efforts to ensure that such employees are employed elsewhere, so that they shall receive the regular pay and benefits to which they would normally be entitled.

 

ARTICLE 34

 

PART-TIME EMPLOYEES

 

34.01 Definition

 

Part-time employee means a person whose normal scheduled hours of work on average are less than thirty-seven and one-half (37 1/2) hours per week. 

 

    1. General

 

Part-time employees shall be entitled to the benefits provided under this Agreement in the same proportion as their normal scheduled weekly hours of work compare with the normal weekly hours of work of full-time employees unless otherwise specified.  

 

34.03 Part-time employees shall be paid at the hourly rate of pay for all work performed up to seven and one-half (7 1/2) hours in a day or thirty-seven and one-half (37 1/2) hours in a week. 

 

34.04 The days of rest provisions of this Agreement apply only in a week when a part-time employee has worked five (5) days and a minimum of thirty-seven and one-half (37 1/2) hours in a week at the hourly rate of pay.

 

34.05 Part-time employees shall be paid at the hourly rate of pay for all work performed up to seven and one-half (7 1/2) hours in a day or thirty-seven and one-half (37 1/2) hours in a week unless the employee is working other daily or weekly hours of work as prescribed pursuant to Article 7 (Hours of Work).

 

34.06 Leave will only be provided:  

 

(i) during those periods in which employees are scheduled to perform their duties;  or

 

(ii) where it may displace other leave as prescribed by this Agreement.

 

34.07 Designated Holidays 

 

A part-time employee shall not be paid for the designated holidays but shall, instead be paid a premium of four and one-quarter (4.25%) per cent for all straight-time hours during the period of part-time employment.  

 

34.08 When a part-time employee is required to work on a day which is prescribed as a designated paid holiday for a full-time employee in clause 11.01 of this Agreement, the employee shall be paid time and one-half (1 1/2) the hourly rate of pay for the first seven and one-half (7 1/2) hours worked on the holiday and double time thereafter.

 

    1. Overtime

 

Overtime means authorized work performed in excess of seven and one-half (7 1/2) hours a day or thirty-seven and one-half (37 1/2) hours a week but does not include time worked on a holiday.  

 

34.10 A part-time employee who is required to work overtime shall be paid at time and one-half (1 1/2) for all overtime hours worked.

 

34.11 Vacation Leave

 

A part-time employee shall earn leave credits for each month in which the employee receives pay for at least twice (2) the number of hours in the employee’s normal workweek, at the rate for years of employment established in clause 14.02, prorated and calculated as follows:

 

(a) when the entitlement is twelve decimal five (12.5) hours a month, multiply 12.5 hours by the number of hours in the employee’s scheduled workweek divided by the normal hours of work per week  (37.5);

(b) when the entitlement is thirteen decimal seven five (13.75) hours a month, multiply 13.75 hours by the number of hours in the employee’s scheduled workweek divided by the normal hours of work per week  (37.5);

(c) when the entitlement is fourteen decimal four (14.4)  hours a month, multiply 14.4 hours by the number of hours in the employee’s scheduled workweek divided by the normal hours of work per week  (37.5);

 

(d) when the entitlement is fifteen decimal six two five (15.625)  hours a month, multiply 15.625 hours by the number of hours in the employee’s scheduled workweek divided by the normal hours of work per week  (37.5);

(e) when the entitlement is sixteen decimal eight seven five (16.875) hours a month, multiply 16.875 hours by the number of hours in the employee’s scheduled workweek divided by the normal hours of work per week  (37.5);

 

(f) when the entitlement is eighteen decimal seven five (18.75) hours a month, multiply 18.75 hours by the number of hours in the employee’s scheduled workweek divided by the normal hours of work per week  (37.5);

 

34.12 Sick Leave

 

A part-time employee shall earn sick leave credits at the rate of one-quarter (1/4) of the number of hours in an employee's normal workweek for each calendar month in which the employee has received pay for at least twice the number of hours in the employee's normal workweek.

 

34.13 Vacation and Sick Leave Administration

 

(a) for the purposes of administration of clauses 34.11 and 34.12, where an employee does not work the same number of hours each week, the normal workweek shall be the weekly average calculated on a monthly basis.  

 

(b) An employee whose employment in any month is a combination of both full-time and part-time employment shall not earn vacation or sick leave credits in excess of the entitlement of a full-time employee. 

 

34.14 Severance Pay

 

Notwithstanding the provisions of Article 19 (Severance Pay), where the period of continuous employment in respect of which severance benefit is to be paid consists of both full and part-time employment or varying levels of part-time employment, the benefit shall be calculated as follows: the period of continuous employment eligible for severance pay shall be established and the part-time portions shall be consolidated to equivalent full-time.  The equivalent full-time period in completed years, shall be multiplied by the full-time weekly pay rate for the classification prescribed in the employee's certificate of appointment of the employee's substantive position on the date of the termination of the employee's employment.

 

ARTICLE 35

 

EMPLOYEE PERFORMANCE REVIEW AND EMPLOYEE FILES

 

The parties share the belief that the performance review process is a shared responsibility and consists of discussions between the employee and the employee’s supervisor.  The parties agree that the performance review process is a continuous cycle and it helps the employee and the supervisor to work together to establish objectives, monitor progress and assess results.  The parties further agree that the supervisor will provide the employee with feedback and support mechanisms in order to help achieve agreed upon objectives.

 

35.01 For the purpose of this Article, 

 

(a) a formal assessment and/or appraisal of an employee's performance means any written assessment and/or appraisal by any supervisor of how well the employee has performed the employee’s assigned tasks during a specified period in the past; 

 

(b) formal assessments and/or appraisals of employee performance shall be recorded on a form prescribed by the Employer for this purpose.

 

  35.02 (a) When a formal assessment of an employee's performance is made, the employee concerned must be given an opportunity to sign the assessment form in question upon its completion to indicate that its contents have been read.  An employee's signature on the assessment form shall be considered to be an indication only that its contents have been read and shall not indicate the employee's concurrence with the statements contained on the form. The employee shall be provided with a copy of the assessment form at the time the assessment is signed by the employee.  

 

(b) The Employer's representative(s) who assesses an employee's performance must have observed or been aware of the employee's performance for at least one-half (1/2) of the period for which the employee's performance is evaluated.

 

(c) When an employee disagrees with the assessment and/or appraisal of his or her work, the employee shall have the right to present written counter arguments to the manager(s) or committee(s) responsible for the assessment and/or appraisal decision.  An employee has the right to make written comments to be attached to the performance review form; in such situations the employer representative shall acknowledge in writing receipt of such comments. 

35.03 Upon written request of an employee, the personnel file pertaining to that employee shall be made available for the employee’s examination in the presence of an authorized representative of the Employer and, upon request, a representative of the Institute.

 

35.04 When a report pertaining to an employee’s performance is placed on that employee’s personnel file, the employee concerned shall be given an opportunity to sign the report in question to indicate that its contents have been read.                 

ARTICLE 36

EMPLOYMENT REFERENCES

 

36.01 Upon the request of an employee, the Employer shall provide references to the prospective Employer of that employee, indicating the length of service, the principal duties and responsibilities, and the manner of performance of these duties. 

 

ARTICLE 37

 

PUBLICATIONS AND AUTHORSHIP

 

37.01 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.  

 

37.02 The Employer agrees that original articles, professional and technical papers prepared by employees, within the scope of their employment, will be retained on appropriate departmental files for the normal life of such files.  The Employer will not unreasonably withhold permission for the publication of original articles professional and technical papers in professional media.  At the Employer's discretion, recognition of authorship will be given where practicable in departmental publications.  

 

37.03 When employees act as a sole or joint author or editor of an original publication their authorship or editorship shall normally be shown on the title page of such publication.

 

37.04 The Employer may suggest revisions to material and may withhold approval to publish an employee's publication.  

 

  1. When approval for publication is withheld, the author shall be so informed. 

 

  1. Where the Employer wishes to make changes in material submitted for publication with which the author does not agree, the employee shall not be credited publicly if he or she so requests

 

ARTICLE 38

 

TECHNOLOGICAL CHANGE

 

38.01 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 Policy negotiated between the Institute and OSFI will apply.  In all other cases, the following clauses will apply.

38.02 In this Article "Technological Change" means:

 

(a) 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

 

(b) 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.

 

38.03 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.

 

  38.04 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) calendar days written notice to the  Institute of the introduction or implementation of technological change.

 

38.05 The written notice provided for in clause 38.04 will provide the following information:

 

(a) the nature and degree of change.

 

(b) the anticipated date or dates on which the Employer plans to effect change.

 

(c) the location or locations involved.

 

38.06 As soon as reasonably practicable after notice is given under clause 38.04, the Employer shall consult with the Institute concerning the effects of the technological change referred to in clause 38.04 on each group of employees. Such consultation will include but not necessarily be limited to the following:

 

(a) the approximate number, class and location of employees likely to be affected by the change;

 

(b) the effect the change may be expected to have on working conditions or terms and conditions of employment on employees.

 

38.07 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 39

 

REGISTRATION FEES

 

39.01 Upon proof of payment, the Employer shall reimburse an employee for the employee’s payment of up to two annual membership or registration fees to professional associations, organizations or governing bodies recognized by OSFI where maintaining a professional designation is a requirement for the continuation of the performance of the duties of his or her position, or may, at the discretion of the delegated manager, reimburse for professional development or certification purposes.  In total, no more than two annual membership or registration fees to professional associations, organizations or governing bodies will be paid to an employee per annum.

 

ARTICLE 40

 

JOB SECURITY

 

40.01 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 work force will be accomplished through attrition. 

 

ARTICLE 41

 

SEXUAL AND PERSONAL HARASSMENT

 

41.01 The Institute and the Employer recognize the right of employees to work in an environment free from sexual and personal harassment and agree that harassment will not be tolerated in the work place.  For the purposes of this clause, harassment includes abuse of authority.

 

41.02 (a) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.

 

(b) If by reason of 41.02(a) a level in the grievance procedure is waived, no other level shall be waived except by mutual Agreement.

 

41.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with this article.  The selection of the mediator shall be by mutual agreement.

 

  41.04 Upon request by the complainant(s) and/or respondent(s) an official copy of the investigation report shall be provided by the employer subject to the Access to Information and Privacy Act.

 

ARTICLE 42

 

NO DISCRIMINATION

 

42.01 There shall be no discrimination, interference, restriction, coercion, harassment (including abuse of authority), intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national or ethnic origin, religious affiliation, sex, sexual orientation, family status, marital status, mental or physical disability or membership or activity in the union or a conviction for which a pardon has been granted.

 

42.02 (a) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.

 

(b) If by reason of 42.02 (a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

 

42.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with this article.  The selection of the mediator shall be by mutual agreement.

 

  42.04 Upon request by the complainant(s) and/or respondent(s) an official copy of the investigation report shall be provided by the employer subject to the Access to Information and Privacy Act.

 

ARTICLE 43

 

PAY ADMINISTRATION

 

43.01 Except as provided in this Article, the Public Service Terms and Conditions of Employment Regulations, and the Regulations Respecting Pay on Reclassification and Conversion as these Regulations exist on the date of the signing of this Agreement governing the application of pay to employees are not affected by this Agreement.

43.02 An employee is entitled to be paid for services rendered at: 

 

(a) the pay specified in Appendix A for the classification of the position to which the employee is appointed, if the classification coincides with that prescribed in the employee's document of appointment, or

 

(b) the pay specified in Appendix A for the classification prescribed in the employee's document of appointment, if that classification and the classification of the position to which the employee is appointed do not coincide.

 

  43.03 (a) The rates of pay set forth in Appendix A shall become effective on the dates specified therein.

 

  1. Where the rates of pay set forth in Appendix “A” have an effective date prior to the date of signing of this Agreement, the following shall apply:

 

    1. “retroactive period” for the purpose of sub-paragraphs (ii) to (iv) means the period from the effective date of the revision up to and including the day before the collective agreement is signed or when an arbitral award is rendered therefore;

 

    1. a retroactive upward revision in rates of pay shall apply to employees, including initial appointments, former employees or in the case of death, the estates of former employees who were employees in the bargaining unit during the retroactive period;

 

(iii) for promotions, demotions, deployments, transfers or acting situations effective during the retroactive period, the rate of pay shall be recalculated, such that the recalculated rate of pay equals the sum of the rate of pay the employee was previously receiving, plus any retroactive upward revision to that previous rate of pay, plus the same percentage increase, if any, in the rate of pay that the employee received at the time of promotion, demotion, deployment, transfer, or acting situation;  

 

(iv) no payment nor notification shall be made pursuant to paragraph 43.03(b) for one dollar ($1.00) or less.

 

  43.04 When an employee is required by the Employer to perform the duties of a higher classification level on an acting basis for a period of at least three (3) consecutive working days, the employee shall be paid acting pay calculated from the date on which the employee commenced to act as if he or she had been appointed to that higher classification level for the period in which he or she acts. When a day designated as a paid holiday occurs during the qualifying period, the holiday shall be considered as a day worked for purposes of the qualifying period.

 

43.05 Performance Pay

 

(a) In-range increases

 

Employees below the 100% job rate and whose performance is rated as per the chart below, shall be awarded every year a minimum percentage of the job rate for movement within the range as follows:

 

Did Not Meet Expectations

0%

 Met Expectations

3%

 Surpassed Expectations

4%

 

 

 

 

(b) Cash bonus

 

Implementation of performance pay shall be subject to the Memorandum of Understanding between the parties attached as Appendix D.

 

  43.06 Salary administration for student actuaries performing duties of a significant actuarial nature:

 

  1. Student actuaries performing duties of a significant actuarial nature will be paid according to a formula that recognizes the experience and education that they have acquired.

 

  1. New hire actuarial students could start at the minimum of an RE-03 and progress to the maximum of an RE-05.

 

  (c) In addition to merit pay, a further increase of 1.25% to the maximum of the salary range for each hour of examination passed will be awarded retroactively to the date of the examination; if the employee reaches 100% of the job rate, the employee will receive the percentage increase in cash.

 

   (d) Progression through the pay scales will continue unhindered until the incumbent has reached the maximum of the RE-03 pay scale then advancement into level four (4) is dependent on the incumbent obtaining three (3) examinations. An employee will be considered for progression to RE-05 if he has acquired sufficient experience or if he has newly obtained the ASA, ACAS, or ERM designation under the current requirements (2007).

 

43.07 A part-time employee shall be eligible to receive a performance pay adjustment prorated to the percentage of time worked.

 

43.08 Where two (2) or more pay adjustments are to be effected on the same date, the economic or scale adjustments shall be applied first.

 

43.09 Only rates of pay and compensation for overtime and vacation leave credits which have been paid to an employee during the retroactive period will be recomputed, and the difference between the amount paid on the old rates of pay and the amount payable on the new rates of pay will be paid to the employee. 

 

 

ARTICLE 44

 

MATERNITY-RELATED REASSIGNMENT OR LEAVE

 

44.01 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 fetus or child.  On being informed of the cessation of current job functions, the Employer, with the written consent of the employee, shall notify the appropriate safety and health work place committee or the safety and health representative.

 

    1. An  employee's request under clause 44.01 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.

 

    1. An employee who has made a request under clause 44.01 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

 

  1. informs her in writing that it is not reasonably practicable to modify her job functions or reassign her.

 

    1. Where reasonably practicable, the Employer shall modify the employee’s job functions or reassign her.

 

    1. 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.

 

44.06 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 medical certificate, unless there is a valid reason why that notice cannot be given.  Such notice must be accompanied by a new medical certificate.

 

ARTICLE 45

 

RELIGIOUS OBLIGATIONS

 

45.01 (a) The employer shall make every reasonable effort to accommodate employees who request time off to fulfill their religious obligations.

 

(b) Employees may, in accordance with the provisions of this Agreement, request annual leave, compensatory leave or leave without pay for other reasons in order to fulfill their religious obligations.

 

(c) Notwithstanding clause b) above, at the request of employees and at the discretion of the Employer, time off with pay may be granted to employees in order to fulfill their 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.

 

(d) Employees who intend 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 46

AGREEMENT RE-OPENER

 

46.01 This Agreement may be amended by mutual consent. If either party wishes to amend or vary this Agreement, it shall give to the other party notice in writing of any amendment proposed and the parties shall meet and discuss such proposal not later than one calendar month after receipt of such notice. 

 

*ARTICLE 47

 

DURATION OF AGREEMENT

 

*47.01 This Agreement shall be in effect from April 1, 2018 until March 31, 2022.

 

47.02 Unless otherwise expressly stipulated, the provisions of the Agreement shall become effective on the date it is signed.

 

*47.03 All elements identified in the table of contents form part of this agreement.

 

 

SIGNED at Ottawa, this ­­              day of the month of August, 2019.

 

 

 

The Office of the Superintendent                        Of Financial Institutions

The Professional Institute of the Public Service of Canada

 

 

 

 

 

Michele Bridges, Chief Human Resources Officer

 

 

Mark Desautels, Bargaining Team 

 

 

 

David Correia, Bargaining Team

 

 

 

Bettina Mariani, Bargaining Team

 

 

 

David Milne, Bargaining Team 

 

 

 

Warren Rodericks, Bargaining Team

 

 

 

Angie Russell, Bargaining Team 

 

 

 

Jock Climie, Negotiator

 

 

 

Debi Daviau, President - PIPSC

 

 

 

Paul van Gurp, Bargaining Team President

 

 

 

Varun Balendra, Bargaining Team 

 

 

 

Chris Cooper, Bargaining Team 

 

 

 

Savio Remedios, Bargaining Team 

 

 

 

Jamal Saket, Bargaining Team

 

 

 

David Griffin, Negotiator

 

 

 

 

*APPENDIX A

 

A: Effective April 1, 2018, a wage adjustment of 0.8% 

Aa: Effective April 1, 2018, an economic increase of 2.0%

B: Effective April 1, 2019, a wage adjustment of 0.2%

Ba: Effective April 1, 2019, an economic increase of 2.0%

C: Effective April 1, 2020, an economic increase of 1.5%

D: Effective April 1, 2021, an economic increase of 1.5% 

 

 

 

Level Minimum Maximum 

 

RE-03

  FROM: 57,400 72,000

A: 57,900 72,600

Aa: 59,100 74,100

B: 59,300 74,300

Ba: 60,500 75,800

C: 61,500 77,000

D:                              62,500 78,200

 

RE-04

  FROM: 68,900 88,900

A: 69,500 89,700

Aa: 70,900 91,500

B: 71,100 91,700

Ba: 72,600 93,600

C: 73,700 95,100

D:                              74,900 96,600

 

RE-05

  FROM: 85,300 109,900

A: 86,000 110,800

Aa: 87,800 113,100

B: 88,000 113,400

Ba: 89,800 115,700

C: 91,200 117,500

D:                              92,600 119,300

 

 

 

 

 

RE-06

  FROM: 101,000 130,900

A: 101,900 132,000

Aa: 104,000 134,700

B: 104,300 135,000

Ba: 106,400 137,700

C: 108,000 139,800

D:                              109,700 141,900

 

 

RE-07

  FROM: 115,100 147,500

A: 116,100 148,700

Aa: 118,500 151,700

B: 118,800 152,100

Ba: 121,200 155,200

C: 123,100 157,600

D:                              125,000 160,000

 

 

 

Expiry date:     March 31, 2022

 

 

 

SIGNED at Ottawa, this          day of the month of August, 2019.

 

The Office of the Superintendent                        Of Financial Institutions

The Professional Institute of the Public Service of Canada

 

 

 

 

Jock Climie, Negotiator

 

 

 

David Griffin, Negotiator

 

 

 

 

                                                                                                                                                                                                                                                                                              

APPENDIX B
 

Memorandum of Understanding

Between

The Office of the Superintendent of Financial Institutions

And

The Professional Institute of the Public Service of Canada

 

Purpose

 

The purpose of this MOU is to provide for the continuance of specific policies currently in effect as they apply to OSFI staff represented by the Professional Institute of the Public Service of Canada.

 

Interpretation

 

For the life of the collective agreement, the employer agrees to maintain its current policies with respect to the following:

 

Study Time for Actuarial Students

Leave with Income Averaging

 

 

 

SIGNED at Ottawa, this         day of the month of August, 2019.

 

The Office of the Superintendent                        Of Financial Institutions

The Professional Institute of the Public Service of Canada

 

 

 

 

 

Jock Climie, Negotiator

 

 

 

David Griffin, Negotiator

 

 

 

APPENDIX C

 

Memorandum of Understanding

Between

The Office of the Superintendent of Financial Institutions

And

The Professional Institute of the Public Service of Canada

 

Purpose

 

The purpose of this MOU is to provide OSFI employees with the option of electing to replace the Remembrance Day designated paid holiday, with a paid holiday on January 2 of the next calendar year, or such other day as requested by the employee and approved by the Employer.

 

Definitions

 

Remembrance Day designated paid holiday – November 11 or the next regularly scheduled working day.

 

January 2 – January 2 or the next regularly scheduled working day.

 

Procedure

 

Employees wishing to work on the Remembrance Day designated paid holiday are required to advise their supervisor in writing at least 10 working days prior to the Remembrance Day designated paid holiday.

 

Subject to operational requirements, the Employer shall make every reasonable effort to grant the employee’s request.

 

SIGNED at Ottawa, this          day of the month of August, 2019.

 

The Office of the Superintendent                        Of Financial Institutions

The Professional Institute of the Public Service of Canada

 

 

 

 

Jock Climie, Negotiator

 

David Griffin, Negotiator

*APPENDIX D

* Memorandum of Agreement

Between

The Office of the Superintendent of Financial Institutions

And

The Professional Institute of the Public Service of Canada

With Respect to Implementation of Performance Pay

 

Purpose

 

The purpose of this MOA is to establish a framework for the implementation of performance pay for all PIPSC OSFI employees.

 

Agreement

 

1. The parties agree to three performance rating categories:

 

A) Did Not Meet Expectations

B) Met Expectations

C) Surpassed Expectations   

 

2. Both Parties agree that in-range increases will be awarded to employees below the 100% job rate.  These percentages will be as follows:

 

In-range increases:

 Did Not Meet Expectations

0%

 Met Expectations

3%

 Surpassed Expectations

4%

 

3. The following grid outlines the percentages that will be allocated in cash bonuses:

 

RATING

CASH BONUS 

Did Not Meet Expectations

0%

Met Expectations

1-7%

Surpassed Expectations

8-16%

 

4. It is agreed that, should an economic increase be negotiated between the parties at a later date, the Employer will provide each employee who received performance pay with a lump sum payment representing the percentage economic increase applicable to the performance pay.

 

This lump sum payment will be effective within 180 days following signature of the collective agreement, in accordance with section 2(a)(ii) of the MOU with respect to retroactive payments (Appendix G).

 

5. The parties agree that this Memorandum of Agreement will form part of the collective agreement.

 

SIGNED at Ottawa, this          day of the month of August, 2019.

 

The Office of the Superintendent                        Of Financial Institutions

The Professional Institute of the Public Service of Canada

 

 

 

Jock Climie, Negotiator

 

David Griffin, Negotiator

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

*APPENDIX E

 

Memorandum of Understanding

Between

The Office of the Superintendent of Financial Institutions

And

The Professional Institute of the Public Service of Canada

With Respect to Supporting Employee Wellness

 

 

The parties recognize that this agreement is conditional upon the conclusion of a renewed Memorandum of Agreement (MOA) on Supporting Employee Wellness between the Office of the Superintendent of Financial Institutions and the Professional Institute of the Public Service of Canada.

 

Upon signature of a revised MOA, the parties agree to take the necessary steps to implement applicable changes that will result once an agreement is reached on the Employee Wellness Support Program (EWSP).

 

The parties agree to continue the current practice of working collaboratively to address concerns with respect to employee wellness and the reintegration of employees into the workplace after periods of leave due to illness or injury.

 

 

 

SIGNED at Ottawa, this             day of the month of August, 2019.

 

The Office of the Superintendent                        Of Financial Institutions

The Professional Institute of the Public Service of Canada

 

 

 

Jock Climie, Negotiator

 

David Griffin, Negotiator

 

 

 

 

 

 

*APPENDIX F

 

Memorandum of Understanding

Between

The Office of the Superintendent of Financial Institutions

And

The Professional Institute of the Public Service of Canada

With Respect to Gender Inclusive Language

 

Further to the Memorandum of Understanding on Gender Inclusive Language between Treasury Board and the Professional Institute of the Public Service of Canada:

 

The Office of the Superintendent of Financial Institutions and the Professional Institute of the Public Service of Canada (PIPSC) agree to undertake the necessary steps in order to implement applicable changes that will result once the Treasury Board and PIPSC Joint Committee finalizes their review of collective agreements to identify opportunities to render the language more gender inclusive. 

 

The parties are committed to and support gender neutrality and inclusivity.

 

The parties agree that any changes in language will not result in changes in application, scope or value.

 

The parties acknowledge that gender inclusivity is more difficult to achieve in the French language compared to the English language but are committed nonetheless to further supporting and increasing gender neutrality and inclusivity in the collective agreement.

 

 

 

SIGNED at Ottawa, this            day of the month of August, 2019.

 

The Office of the Superintendent                        Of Financial Institutions

The Professional Institute of the Public Service of Canada

 

 

 

 

Jock Climie, Negotiator

 

David Griffin, Negotiator

 

*APPENDIX G

 

Memorandum of Understanding

Between

The Office of the Superintendent of Financial Institutions

And

The Professional Institute of the Public Service of Canada

With Respect to Implementation of the Collective Agreement

 

Notwithstanding the provisions of clause 43.03 on the calculation of retroactive payments, this memorandum is to give effect to the understanding reached between the Office of the Superintendent of Financial Institutions and the Professional Institute of the Public Service of Canada regarding a modified approach to the calculation and administration of retroactive payments for the current round of negotiations.

 

      1. Calculation of retroactive payments

 

  1. Retroactive calculations that determine amounts payable to employees for a retroactive period shall be made based on all transactions that have been entered into the pay system up to the date on which the historical salary records for the retroactive period are retrieved for the calculation of the retroactive payment.  

 

  1. Retroactive amounts will be calculated by applying the relevant percentage increases indicated in the collective agreement rather than based on pay tables in agreement annexes. The value of the retroactive payment will differ from that calculated using the traditional approach, as no rounding will be applied. The payment of retroactive amount will not affect pension entitlements or contributions relative to previous methods, except in respect of the rounding differences. 

 

  1. Elements of salary traditionally included in the calculation of retroactivity will continue to be included in the retroactive payment calculation and administration, and will maintain their pensionable status as applicable. The elements of salary included in the historical salary records and therefore included in the calculation of retroactivity include: 

 

      • Substantive salary
      • Promotions 
      • Deployments
      • Acting pay
      • Extra duty pay/overtime
      • Additional hours worked
      • Maternity leave allowance
      • Parental leave allowance
      • Vacation leave and extra duty pay cash-out
      • Severance pay
      • Salary for the month of death
      • Transition Support Measure
      • Eligible allowances and supplemental salary depending on collective agreement

 

  1. (d)The payment of retroactive amounts related to transactions that have not been entered in the pay system as of the date when the historical salary records are retrieved, such as acting pay, promotions, overtime and/or deployments, will not be considered in determining whether an agreement has been implemented.

 

  1. (e)Any outstanding pay transactions will be processed once they are entered into the pay system and any retroactive payment from the collective agreement will be issued to impacted employees.

 

      1. Implementation

 

  1. (a)The effective dates for economic increases will be specified in the agreement. Other provisions of the collective agreement will be effective as follows:

 

    1. All components of the agreement unrelated to pay administration will come into force on signature of agreement.

 

    1. Changes to existing compensation elements and new compensation elements such as premiums, allowances, insurance premiums and coverage and changes to overtime rates will become effective within one-hundred and eighty (180) days after signature of agreement, on the date at which prospective elements of compensation increases will be implemented under 2(b)(i).  

 

    1. Payment of premiums, allowances, insurance premiums and coverage and overtime rates in the collective agreement will continue to be paid until changes come in to force as stipulated in 2(a)(ii).

 

  1. (b)Collective agreement will be implemented over the following timeframes:

 

    1. The prospective elements of compensation increases (such as prospective salary rate changes and other compensation elements such as premiums, allowances, changes to overtime rates) will be implemented within one-hundred and eighty (180) days after signature of agreement where there is no need for manual intervention. 
    2. Retroactive amounts payable to employees will be implemented within one-hundred and eighty (180) days after signature of the agreement where there is no need for manual intervention. 

 

    1. Prospective compensation increases and retroactive amounts that require manual processing by compensation advisors will be implemented within five-hundred and sixty (560) days after signature of agreement. Manual intervention is generally required for employees on an extended period of leave without pay (e.g., maternity/parental leave), salary protected employees and those with transactions such as leave with income averaging, pre-retirement transition leave and employees paid below minimum, above maximum or in between steps. Manual intervention may also be required for specific accounts with complex salary history.

 

      1. Employee Recourse 

 

  1. An employee who is in the bargaining unit for all or part of the period between the first day of the collective agreement (i.e., the day after the expiry of the previous collective agreement) and the signature date of the collective agreement will be entitled to a non-pensionable amount of four hundred dollars ($400) payable within one-hundred and eighty (180) days of signature, in recognition of extended implementation timeframes and the significant number of transactions that have not been entered in the pay system as of the date when the historical salary records are retrieved. 

 

  1. Employees in the bargaining unit for whom the collective agreement is not implemented within one-hundred and eighty one (181) days after signature will be entitled to a fifty dollar ($50) non-pensionable amount; these employees will be entitled to an additional fifty dollar ($50) non-pensionable amount for every subsequent complete period of ninety (90) days their collective agreement is not implemented, to a total maximum of nine (9) payments. These amounts will be included in their final retroactive payment. For greater certainty, the total maximum amount payable under this paragraph is four hundred and fifty dollars ($450).

 

  1. If an employee is eligible for compensation in respect of section 3 under more than one collective agreement, the following applies: the employee shall receive only one non-pensionable amount of four hundred dollars ($400); for any period under 3(b), the employee may receive one fifty $50 payment, to a maximum total payment of four hundred and fifty dollars ($450). 

 

  1. Should the Treasury Board of Canada negotiate higher amounts for 3(a) or 3(b) with any other bargaining agent representing Core Public Administration employees, the Office of the Superintendent of Financial Institutions will compensate the Professional Institute of the Public Service of Canada – OSFI Group members for the difference in an administratively feasible manner. 

 

  1. Late implementation of the 2018 collective agreements will not create any entitlements pursuant to the Agreement between the Institute and the Office of the Superintendent of Financial Institutions with regard to damages caused by the Phoenix Pay System. 

 

  1. Employees for whom collective agreement implementation requires manual intervention will be notified of the delay within one-hundred and eighty (180) days after signature of the agreement.

 

  1. Employees will be provided a detailed breakdown of the retroactive payments received and may request that the separate agency compensation unit or the Public Service Pay Centre verify the calculation of their retroactive payments, where they believe these amounts are incorrect. The Employer will consult with the Institute regarding the format of the detailed breakdown.

 

  1. In such a circumstance, for employees in organizations serviced by the Pay Centre, they must first complete a Phoenix feedback form indicating what period they believe is missing from their pay.

 

SIGNED at Ottawa, this          day of the month of August, 2019.

 

The Office of the Superintendent                        Of Financial Institutions

The Professional Institute of the Public Service of Canada

 

 

 

 

Jock Climie, Negotiator

 

David Griffin, Negotiator

*APPENDIX H

 

Memorandum of Understanding

Between

The Office of the Superintendent of Financial Institutions

And

The Professional Institute of the Public Service of Canada

With Respect to Workplace Harassment

 

This memorandum is to give effect to the agreement reached between the Office of the Superintendent of Financial Institutions and the Professional Institute of the Public Service of Canada (the Institute).

 

Both parties share the objective of creating healthy work environments that are free from harassment and violence. In the context of the passage of Bill C-65 An Act to amend the Canada Labour Code by the Government of Canada, as well as the Clerk of the Privy Council’s initiative to take action to eliminate workplace harassment, the Office of the Superintendent of Financial Institutions is developing a new policy covering both harassment and violence situations. 

 

During this process, the Office of the Superintendent of Financial Institutions will consult with representatives of the Institute on the following:

  • mechanisms to guide and support employees through the harassment resolution process;
  • redress for the detrimental impacts on an employee resulting from an incident of harassment; and,
  • ensuring that employees can report harassment without fear of reprisal.

 

Upon request of the Institute, the Employer would agree to bilateral discussions with the Institute. Following such discussions, a report will be provided to the parties.

 

The implementation and application of this policy do not fall within the purview of this MOA or the collective agreement.

 

This memorandum expires upon issuance of the new policy or March 31, 2022, whichever comes first.  

 

SIGNED at Ottawa, this         day of the month of August, 2019.

 

The Office of the Superintendent                        Of Financial Institutions

The Professional Institute of the Public Service of Canada

 

 

 

 

 

Jock Climie, Negotiator

 

David Griffin, Negotiator