Canadian Food Inspection Agency (CFIA)

Professional Institute of the Public Service of Canada (PIPSC)

 

MATTERS AGREED TO BY THE PARTIES

COMPREHENSIVE OFFER TO REACH AGREEMENT

BETWEEN THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA

AND

THE CANADIAN FOOD INSPECTION AGENCY

IN RESPECT OF THE COMMON TABLE NEGOTIATIONS:

SCIENTIFIC AND ANALYTICAL (S&A) GROUP

 

Subject to final agreement, the Parties agree to the following:

1. Increases to the rate of pay, as identified in Annex A.

2. Duration: four year duration, as identified in Annex A.

3. Amendments to the following, as identified in Annex B:

• Retroactivity and Implementation
• Employment Transition
• Leave for Labour Relations Matters - Memorandum of Agreement with Respect to Implementation of Union Leave
• Changes to Maternity and Parental Leave Without Pay and Parental Allowance
• Designated Paid Holidays (value of day 7.5 hours)
• Caregiving Leave
• Domestic Violence Leave
• EWSP (to include the EWSP MOU)
• Union Dues – Other Deductions
• Definition of Family

4. The Parties agree that these amendments identified in Annex B will be incorporated in the S&A tentative settlement, upon conclusion of such settlement.

5. Unless otherwise agreed between the Parties during negotiations, existing provisions in the S&A collective agreement are renewed.

Appendix A

 

Rates of Pay

The Employer proposes to implement the following economic increases in accordance with Appendix “XX” – Memorandum of Understanding between the Canadian Food Inspection Agency and the Professional Institute of the Public Service of Canada with Respect to Implementation of the Collective Agreement found at Annex B hereto.

Amounts in respect of the period prior to the implementation date will be paid as a retroactive payment, in accordance with Appendix “XX” – Memorandum of Understanding between the Canadian Food Inspection Agency and the Professional Institute of the Public Service of Canada with Respect to Implementation of the Collective Agreement found at Annex B hereto. Subsequently, amounts will be provided as increases to rates of pay.

PIPSC S&A Group:

CO

Year 1 - economic increase: 2.0%

Year 2 - economic increase: 2.0%

Year 3 - economic increase: 1.5%

Year 4 - economic increase: 1.5%

 

EN-ENG

Year 1 - wage adjustment: 0.8%

- economic increase: 2.0%

Year 2 - wage adjustment: 0.2%

• economic increase: 2.0%

Year 3 - economic increase: 1.5%

Year 4 - economic increase: 1.5%

 

ES

Year 1 - wage adjustment: 0.8%

- economic increase: 2.0%

Year 2 - wage adjustment: 0.2%

• economic increase: 2.0%

Year 3 - economic increase: 1.5%

Year 4 - economic increase: 1.5%

 

PG

Year 1 - economic increase: 2.0%

Year 2 - economic increase: 2.0%

Year 3 - wage adjustment: 0.75%

• economic increase: 1.5%

Year 4 - economic increase: 1.5%

 

SE-RES

Year 1 - economic increase: 2.0%

Year 2 - economic increase: 2.0%

Year 3 - wage adjustment: 0.75%

• economic increase: 1.5%

Year 4 - economic increase: 1.5%

 

SE-REM

Year 1 - economic increase: 2.0%

Year 2 - economic increase: 2.0%

Year 3 - wage adjustment: 1.25%

• economic increase: 1.5%

Year 4 - economic increase: 1.5%

 

SR - Year 1 - wage adjustment: 0.8%

- economic increase: 2.0%

Year 2 - wage adjustment: 0.2%

• economic increase: 2.0%

Year 3 - economic increase: 1.5%

Year 4 - economic increase: 1.5%

 

Effective date: October 1, 2018

Duration: Four years, expiring September 30, 2022.

 

ARTICLE B7

DESIGNATED PAID HOLIDAYS

Scientific and Analytical (S&A) Group

B7.01 Subject to clause B7.02, the following days shall be designated paid holidays for employees:

1 - New Year’s Day,

2 - Good Friday,

3 - Easter Monday,

4 - the day fixed by proclamation of the Governor in Council for celebration of the Sovereign’s birthday,

5 - Canada Day,

6 - Labour Day,

7- the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,

8 - Remembrance Day,

9 - Christmas Day,

10 - Boxing Day,

11 - one additional day in each year that, in the opinion of the Employer, is recognized to be a provincial or civic holiday in the area in which the employee is employed, or in any area where, in the opinion of the Employer, no such day is recognized as a provincial or civic holiday, the first Monday in August, and

12 - 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.

 

CAREGIVING LEAVE

Scientific and Analytical (S&A) Group

B17 – LEAVE WITHOUT PAY FOR THE CARE OF IMMEDIATE FAMILY

B17.01 For the purpose of this Article, family is defined as spouse (or common-law partner resident with the employee), children (including foster children or children of spouse or common-law partner), or parents (including step-parents or foster parents), and any relative permanently residing in the employee's household or with whom the employee permanently resides. and in addition:

1. 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.

(New)

B17.XX Caregiving Leave

a. 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.

b. The leave without pay described in B17.XX(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.

c. 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.

d. 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 B17.XX(a) above ceases to apply.

e. 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 XX

DOMESTIC VIOLENCE LEAVE

Scientific and Analytical (S&A) Group

B25.XX Domestic Violence Leave

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 a family member, or from someone with whom the employee has or had an intimate relationship.

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

b. 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 shall be granted domestic violence leave in order to enable the employee, in respect of such violence:

i. to seek care and/or support for themselves or their child in respect of a physical or psychological injury or disability;

ii. to obtain services from an organization which provides services for individuals who are subject to domestic violence;

iii. to obtain professional counselling;

iv. to relocate temporarily or permanently; or

v. to seek legal or law enforcement assistance or to prepare for or participate in any civil or criminal legal proceeding.

c. 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.

d. Unless otherwise informed by the Employer, a statement signed by the employee stating that they meet the conditions of this article shall, when delivered to the Employer, be considered as meeting the requirements of this article.

e. Notwithstanding clauses C19.XX(b) to C19.XX(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.

 

NEW APPENDIX “XX”

MEMORANDUM OF UNDERSTANDING BETWEEN THE CANADIAN FOOD INSPECTION AGENCY AND THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA WITH RESPECT TO GENDER INCLUSIVE LANGUAGE

This memorandum is to give effect to the agreement reached between the Canadian Food Inspection Agency and the Professional Institute of the Public Service of Canada regarding the review of language in the VM, IN, and S&A collective agreements.

Both parties are committed to and support gender neutrality and inclusivity. To that end, the parties commit to, during the life of the above noted collective agreements, establishing a Joint Committee to review the collective agreements to identify opportunities to render the language more gender inclusive. The parties agree that any changes in language will not result in changes in application, scope or value.

Both 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.

The Joint Committee agrees to begin its work in 2020 and will endeavour to finalize the review by December 2021. These timelines may be extended by mutual agreement.  The parties further agree that the Joint Committee will use the work completed by the Treasury Board of Canada and the Professional Institute of the Public Service of Canada on gender inclusive language, once completed, as a starting point for its review.

 

NEW APPENDIX “XX”

MEMORANDUM OF UNDERSTANDING BETWEEN THE CANADIAN FOOD INSPECTION AGENCY 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 Canadian Food Inspection Agency and the Professional Institute of the Public Service of Canada (the Institute).

The Parties acknowledge the collaborative work and meaningful consultation between the Employer and the Institute at a national level and recognize that efforts to prevent and resolve harassment must be sustained and on-going.

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 Employer is developing a new policy covering both harassment and violence situations.

During this process, the Employer will continue to consult with the Union through the National Occupational Safety and Health Policy Committee (NOSH PC) on the final development of the policy which will include 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.

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

This memorandum expires upon issuance of the new policy or (expiry of the collective agreement), whichever comes first.

 

NEW APPENDIX “XX”

MEMORANDUM OF UNDERSTANDING BETWEEN THE CANADIAN FOOD INSPECTION AGENCY AND THE PROFESSIONAL INSTITUE 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 Treasury Board 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 workforce after periods of leave due to illness or injury.

 

UNION DUES – OTHER DEDUCTIONS

Scientific and Analytical (S&A) Group

C1.07   The Employer agrees to continue the past practice of making deductions for other purposes on the basis of the production of appropriate documentation

 

 

LEAVE FOR LABOUR RELATIONS MATTERS

Scientific and Analytical (S&A) Group

ARTICLE C5

LEAVE FOR STAFF RELATIONS MATTERS

C5.15 Effective January 1, 2019, leave granted to an employee under C5.02, C5.10, C5.11, C5.13 and C5.14(a) will be with pay; the Institute will reimburse the Employer for the salary and benefit costs of the employee during the period of approved leave with pay according to the terms established by joint agreement.

 

APPENDIX XX

MEMORANDUM OF UNDERSTANDING

AGREEMENT WITH RESPECT TO LEAVE FOR UNION BUSINESS - COST RECOVERY

 

This Memorandum of Understanding (MOU) is to give effect to an agreement reached between the Canadian Food Inspection Agency (the Employer) and the Professional Institute of the Public Service of Canada (the Institute) to implement a system of cost recovery for leave for union business.

The parties agree to this MOU as a direct result of current Phoenix pay system implementation concerns related to the administration of leave without pay for union business.

Leave granted to an employee under the following clauses of the collective agreement (each agreement will specify the relevant clauses):

• S&A: C5.02, C5.10, C5.11, C5.13 and C5.14(a)

will be with pay for a total cumulative maximum period of three (3) months per fiscal year.

Its agreed that leave with pay granted under the above-noted clauses for union business will be paid for by the Employer, pursuant to this MOU, effective upon its signature.

The Institute shall then reimburse the Employer for the total salary paid, including allowances if applicable, for each person-day, in addition to which shall also be paid to the Employer by the Institute an amount equal to six percent (6%) of the total salary paid for each person-day, which sum represents the Employer's contribution for the benefits the employee acquired at work during the period of approved leave with pay pursuant to this MoU.

Leave with pay in excess of the total cumulative maximum period of three (3) months per fiscal year may be granted under the above noted clauses in reasonably limited circumstances. Where leave with pay is extended under such circumstances, the Institute shall reimburse the Employer for the total salary paid, including applicable allowances, for each person-day, plus an amount equal to thirteen decimal three percent (13.3%) of the total salary paid for the period exceeding three (3) months.

Under no circumstances will leave with pay under the above noted clause be granted for any single consecutive period exceeding three (3) months, or for cumulative periods exceeding six (6) months in a twelve (12) month period.

This MOU does not alter the approval threshold for union leave. Should an employee be denied extended leave with pay exceeding three (3) cumulative months or a single consecutive three (3) month period within a fiscal year and the employee's union leave is otherwise approved pursuant to the relevant clauses at article (C5 or C17 - depending on the collective agreement), they shall take the leave as leave without pay.

On a bi-monthly basis, and within 120 days of the end of the relevant period of leave, the hiring Agency will invoice the Institute for the amount owed to them by virtue of this understanding. The amount of the gross salaries and the number of days of leave taken for each employee will be included in the statement.

The Institute agrees to reimburse the Agency for the invoice within sixty (60) days of the date of the invoice.

This Memorandum of Understanding expires on (Date of expiry of the agreement) or upon implementation of the Next Generation HR and Pay system, whichever comes first, unless otherwise agreed by the parties.

 

LEAVE WITH PAY FOR

Scientific and Analytical (S&A) Group

B20.01

a. For the purpose of this Article, family is defined as spouse (or common-law partner resident with the employee), child (including foster child or child of legal or common-law partner and ward of the employee), or parents (including step-parent or foster parent), 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.

BEREAVEMENT LEAVE WITH PAY

Scientific and Analytical (S&A) Group

B13.01 For the purpose of this article clause, immediate family is defined as father, mother (or alternatively stepfather, stepmother or foster parent), brother, sister, spouse (including common-law partner), child (including child of common-law partner), stepchild or ward of the employee, grandparent, grandchild, father-in-law, or mother-in-law, and any relative permanently residing in the employee's household or with whom the employee permanently resides and in addition:

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. An employee shall be entitled to bereavement leave under B13.01(a) only once during the employee’s total period of employment in the public service.

 

Annex C

 

The Parties agree to enter a Memorandum of Agreement (MOA) not to form part of the Collective Agreement with regards to the SR Review with the following wording:

MEMORANDUM OF AGREEMENT

BETWEEN:

THE CANADIAN FOOD INSPECTION AGENCY

(the “Employer”)

-and-

THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA

(the “Bargaining Agent”)

 

Whereas the Parties are currently engaged in meaningful consultation relating to a classification review process for the Regulatory Science (SR) occupational group at the Canadian Food Inspection Agency, as per the Memorandum of Agreement (MOA) signed by the parties December 15, 2018 and all subsequent amendments;

Whereas this classification review process was originally intended to reach completion by December 31, 2019 for consideration in the renegotiation of the collective agreement expiring September 30, 2018, and the timeline has been further extended by mutual agreement;  and

Whereas that classification review process is not yet completed, and the information it will provide is essential to both Parties in order to assist in preparing for the next round of collective bargaining; 

The Parties accordingly agree that:

1. Both Parties remain committed to meaningful consultation in relation to the SR Review process;

2. The information that will become available as a result of the finalization of the current SR review process is essential to both Parties in order to assist them in deciding on their respective positions relating to the appropriate wage comparators and to prepare for their discussion of pay rates in the next round of bargaining; and

3. The Parties will work to diligently complete all remaining work to be done pursuant to the MOA signed on December 15, 2018, and all amendments thereto, before bargaining commences for the renewal of the Collective Agreement expiring September 30, 2022, and in any event will complete that work prior to June 30, 2022.

This Memorandum arises from the unique circumstances relating to the SR Review and shall not form part of the Collective Agreement.

 

 

Signed ______________ at Ottawa, Ontario

 

Cara Ryan, 

Negotiator, PIPSC

 

Brenda Dagenais,

Negotiator, CFIA

 

 

MATERNITY AND PARENTAL LEAVE AND ALLOWANCE – COLLECTIVE AGREEMENT PROVISIONS

Current language will be deleted and replaced with the following in two separate articles.

 

ARTICLE 17 – MATERNITY AND PARENTAL LEAVE WITHOUT PAY – CHANGES USING SP GROUP PROVISIONS (TO BE REPLICATED IN THE OTHER PIPSC COLLECTIVE AGREEMENTS) and renumbered accordingly

17.04 Maternity allowance

a. 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:

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

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

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

A. she will return to work 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;

B. following her return to work, as described in section (A), she will work for a period equal to the period she was in receipt of maternity allowance;

C. should she fail to return to work in accordance with section (A), or should she return to work but fail to work for the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, she will be indebted to the Employer for an amount determined as follows:

[allowance received] X   [remaining period to be worked following her return to work]    

[total period to be worked as specified in (B)]

however, an employee whose specified period of employment expired and who is rehired within the federal public administration as described in section (A), in any portion of the core public administration as specified in the Public Service Labour Relations Act within a period of ninety (90) days or less is not indebted for the amount if her new period of employment is sufficient to meet the obligations specified in section (B).

b. For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the 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).

17.06 Parental leave without pay

a. 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:

i. a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period (standard option),

or

ii. 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.

b. 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:

i. a single period of up to thirty-seven (37) consecutive weeks in the fifty-two week (52) period (standard option),

or

ii. 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.

 

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

d. Notwithstanding paragraphs (a) and (b):

i. 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

ii. where the employee has proceeded on parental leave without pay and then returns to work for all or part of the period while his or her child is hospitalized, the period of parental leave without pay specified in the original leave request may be extended by a period equal to that portion of the period of the child’s hospitalization while the employee was not on parental leave. However, the extension shall end not later than one hundred and four (104) weeks after the day on which the child comes into the employee’s care.

e. An employee who intends to request parental leave without pay shall notify the Employer at least four (4) weeks before the commencement date of such leave.

f. The Employer may:

i. defer the commencement of parental leave without pay at the request of the employee;

ii. grant the employee parental leave without pay with less than four (4) weeks’ notice;

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

g. Leave granted under this clause shall count for the calculation of “continuous employment” for the purpose of calculating severance pay and “service” for the purpose of calculating vacation leave. Time spent on such leave shall count for pay increment purposes.

17.07 Parental allowance

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

• Option 1: standard parental benefits, 17.07 paragraphs (c) to (k), or

• Option 2: extended parental benefits, 17.07 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 Québec Parental Insurance Plan (QPIP), parental allowance is payable only under Option 1: standard parental benefits.

Parental Allowance Administration

a. 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:

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

ii. provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance Plan or the Quebec Parental Insurance Plan in respect of insurable employment with the Employer,

and

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

A. 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;

B. 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 17.04(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 17.04(a)(iii)(B), if applicable.

C. should he or she fail to return to work in any portion of the core public administration as specified in the Federal Public Sector Labour Relations Act, 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:

[allowance received] X   [remaining period to be worked, as specified in (B) following his or her return to work]    
[total period to be worked as specified in (B)]

however, an employee whose specified period of employment expired and who is rehired within the federal public administration as described in section (A),in any portion of the core public administration as specified in the Federal Public Service Labour Relations Act within a period of ninety(90)days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section(B).

b. For the purpose of sections(a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the 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:

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

i. where an employee on parental leave without pay as described in 17.06(a)(i)and (b)(i), has chosen elected to receive Standard Employment Insurance parental benefits and is subject to a waiting period before receiving Employment Insurance parental benefits, ninety-three percent (93%) of his or her weekly rate of pay (and the recruitment and retention “terminable allowance” if applicable) for each week of the waiting period, less any other monies earned during this period;

ii. for each week the employee receives parental, adoption or paternity benefits, under the Employment Insurance Plan or the Québec Parental Insurance Plan, he or she is eligible to receive the difference between ninety-three percent (93%) of his or her weekly rate (and the recruitment and retention “terminable allowance” if applicable) and the parental, adoption or paternity benefits, less any other monies earned during this period which may result in a decrease in his or her parental, adoption or paternity benefits to which he or she would have been eligible if no extra monies had been earned during this period;

iii. 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, she 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 her their weekly rate of pay (and the recruitment and retention “terminable allowance” if applicable) for each week, less any other monies earned during this period;

iv. 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 (and the recruitment and retention “terminable allowance” if applicable) for each week, less any other monies earned during this period;

v. 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 (and the recruitment and retention “terminable allowance” if applicable) for each the week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in 17.04(c)(iii) for the same child.

vi. 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 (and the recruitment and retention “terminable allowance” if applicable) 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 17.04(c)(iii) and 17.07(c)(v) for the same child;

 

d. At the employee’s request, the payment referred to in subparagraph 17.07(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 or Québec Parental Insurance Plan parental benefits.

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 Parental Insurance Act in Quebec.

f. The weekly rate of pay referred to in paragraph (c) shall be:

i. 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;

ii. 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.

g. The weekly rate of pay referred to in paragraph (f) shall be the rate (and the recruitment and retention “terminable allowance” if applicable) to which the employee is entitled for the substantive level to which he or she is appointed.

h. Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate (and the recruitment and retention “terminable allowance” if applicable), the employee was being paid on that day.

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

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

k. The maximum combined, shared, maternity and standard parental allowances payable under this collective agreement shall not exceed fifty-seven two (57 52) weeks for each combined standard maternity and parental leave without pay.

Option 2 - Extended Parental Allowance:

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

i. where an employee on parental leave without pay as described in 17.06(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 (and the recruitment and retention “terminable allowance” if applicable) for the waiting period, less any other monies earned during this period;

ii. for each week the employee receives parental benefits under the Employment Insurance, 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 recruitment and retention “terminable allowance” if applicable) and the parental benefits, less any other monies earned during this period which may result in a decrease in his or her parental benefits to which he or she would have been eligible if no extra monies had been earned during this period;

iii. 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 (and the recruitment and retention “terminable allowance” if applicable) 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 17.04(c)(iii) for the same child.

iv. 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 (and the recruitment and retention “terminable allowance” if applicable) 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 17.04(c)(iii) for the same child;

m. At the employee’s request, the payment referred to in subparagraph 17.07(l)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance.

n. 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.

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

i. for a full-time employee, the employee’s weekly rate of pay on the day immediately preceding the commencement of parental leave without pay;

ii. 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.

p. The weekly rate of pay referred to in paragraph (l) shall be the rate (and the recruitment and retention “terminable allowance” if applicable) to which the employee is entitled for the substantive level to which he or she is appointed.

q. 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 (and the recruitment and retention “terminable allowance” if applicable), the employee was being paid on that day.

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

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

t. 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.

 

SIGNED AT OTTAWA THIS 12^th DAY OF AUGUST, 2020

 

Canadian Food Inspection                                                Professional Institute of the Public

Agency Service of Canada

Ms. Karen Alexander Manager, Collective Bargaining

Ms. Brenda A Dagenais Negotiator		Ms. Cara Ryan                                              Negotiator