Health Services (SH)
Please refer to the Treasury Board’s website in case of any discrepancy
Agreement Between the Treasury Board and
the Professional Institute of the Public Service of Canada
Group: Health Services
(All Employees)
Expiry date: September 30, 2018
This agreement covers the following group(s):
|
Code |
Group |
|---|---|
|
207 |
Dentistry (DE) |
|
213 |
Nutrition and Dietetics (ND) |
|
217 |
Medicine (MD) |
|
219 |
Nursing (NU) |
|
220 |
Occupational and Physical Therapy (OP) |
|
221 |
Pharmacy (PH) |
|
223 |
Psychology (PS) |
|
226 |
Social Work (SW) |
|
228 |
Veterinary Medicine (VM) |
Treasury Board of Canada Secretariat
Compensation and Labour Relations
L’Esplanade Laurier
140 O’Connor St.
Ottawa ON K1A 0R5
© Her Majesty the Queen in Right of Canada,
represented by the President of the Treasury Board, 2017
Catalogue No.
ISSN:
This document is available on the Government of Canada website at
Professional Institute of the Public Service of Canada
250 Tremblay Rd.
Ottawa ON K1G 3J8
Tel: 613-228-6310
Facsimile: 613-228-9048
www.pipsc.ca
Table of contents
Article 1: purpose of agreement.
Article 2: interpretation and definitions.
Article 6: rights of employees.
Article 7: publications and authorship.
Article 8: hours of work and shift work.
Article 12: designated paid holidays.
**Article 13: travelling time.
**Article 17: other leave with or without pay.
**17.02 Bereavement leave with pay.
17.03 Maternity leave without pay.
17.05 Special maternity allowance for totally disabled employees.
17.06 Parental leave without pay.
17.08 Special parental allowance for totally disabled employees.
17.09 Leave without pay for the care of immediate family.
17.10 Leave without pay for personal needs.
17.11 Leave without pay for relocation of spouse.
**17.12 Leave with pay for family-related responsibilities.
17.14 Personnel selection leave with pay.
17.15 Injury-on-duty leave with pay.
17.18 Maternity-related reassignment or leave.
17.19 Medical appointment for pregnant employees.
17.22 Other leave without pay.
Article 18: career development.
Article 20: statement of duties.
Article 21: registration fees.
Article 22: responsibility for pharmaceutical services.
Article 23: technological change.
Article 24: safety and health.
Article 27: use of employer facilities.
Article 30: leave for labour relations matters.
Article 32: interpretation of agreement.
Article 33: dispute resolution.
Article 34: grievance procedure.
Article 35: National Joint Council agreements.
Article 36: joint consultation.
Article 37: standards of discipline.
Article 39: part-time employees.
**Article 40: employee performance review and employee files.
Article 41: employment references.
Article 42: sexual harassment.
Article 43: no discrimination.
**Article 44: Correctional Service Specific Duty Allowance.
Article 46: variation in hours of work.
Article 47: shift and weekend premiums.
**Article 49: contracting out.
Article 51: agreement re-opener.
DE: Dentistry Group annual rates of pay (in dollars).
MD: Medicine Group annual rates of pay (in dollars).
ND: Nutrition and Dietetics Group annual rates of pay (in dollars).
OP: Occupational and Physical Therapy Group annual rates of pay (in dollars).
OP: Occupational and Physical Therapy Group annual rates of pay (in dollars).
PH: Pharmacy Group annual rates of pay (in dollars).
PS: Psychology Group annual rates of pay (in dollars).
SW: Social Work Group annual rates of pay (in dollars).
VM: Veterinary Medicine Group annual rates of pay (in dollars).
NU: Nursing Group Sub-Group: Medical Adjudicator (EMA) annual rates of pay (in dollars).
Memorandum of Agreement: Regional Resource Teams.
Memorandum of Understanding Concerning the Health Services Group Re: Safety and Health Information.
Part I: roles and responsibilities.
Part II: official notification.
Part III: relocation of a work unit.
Part VI: options for employees.
Part VII: special provisions regarding alternative delivery initiatives.
Annex “A”: statement of pension principles.
Annex “C”: role of PSC in administering surplus and lay-off priority entitlements.
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 improve the quality of the public service of Canada, to maintain professional standards and to promote the well-being and increased efficiency of its 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 the public service in which members of the bargaining units are employed.
Article 2: interpretation and definitions
2.01 For the purpose of this agreement:
“bargaining unit”
means the employees of the Employer in the group described in Article 25: recognition (« unité de négociation »);
“common-law partner”
means a person living in a conjugal relationship with an employee for a continuous period of at least one year (« conjoint de fait »);
“compensatory leave”
means leave with pay in lieu of thepayment for overtime, work performed on a designated holiday, travelling time compensated at overtime rate and call-back. The duration of such leave will be equal to the time compensated or the minimum time entitlement multiplied by the applicable overtime rate. The rate of pay to which an employee is entitled during such leave shall be based on the employee’s hourly rate of pay as calculated from the classification prescribed in the employee’s certificate of appointment on the day immediately prior to the day on which leave is taken (« congé compensatoire »);
“continuous employment”
has the same meaning as specified in the Directive on Terms and Conditions of Employment on the date of signing of this agreement (« emploi continu »);
“daily rate of pay”
means an employee’s weekly rate of pay divided by five (5) (« taux de rémunération journalier »);
“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 (« jour de repos »);
“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 (« jour férié désigné payé »);
“double time”
means two (2) times the employee’s hourly rate of pay (« tarif double »);
“employee”
means a person so defined by the Public Service Labour Relations Act and who is a member of the bargaining unit (« employé »);
“Employer”
means Her Majesty in right of Canada as represented by the Treasury Board, and includes any person authorized to exercise the authority of the Treasury Board (« employeur »);
“headquarters area”
has the same meaning as given to the expression in the Travel Directive (« région du lieu d’affectation »);
“hourly rate of pay”
means a full-time employee’s weekly rate of pay divided by thirty-seven decimal five (37.5) (« taux de rémunération horaire »);
“Institute”
means the Professional Institute of the Public Service of Canada (« Institut »);
“lay-off”
means the termination of an employee’s employment because of lack of work or because of the discontinuance of a function (« mise en disponibilité »);
“leave”
means authorized absence from duty (« congé »);
“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 (« cotisations syndicales »);
“overtime”
means work required by the Employer, to be performed by the employee in excess of his daily hours of work (« heures supplémentaires »);
“spouse”
will, when required, be interpreted to include “common-law partner” except, for the purposes of the Foreign Service Directives, the definition of “spouse” will remain as specified in Directive 2 of the Foreign Service Directives (époux);
“straight-time rate”
means the employee hourly rate of pay (« tarif normal »);
“time and one-half”
means one and one half (1 1/2) times the employee’s hourly rate of pay (« tarif et demi »);
“weekly rate of pay”
means an employee’s annual rate of pay divided by 52.176 (« taux de rémunération hebdomadaire »).
2.02 Except as otherwise provided in this agreement, expressions used in this agreement,
a. if defined in the public service Labour Relations Act, have the same meaning as given to them in the public service Labour Relations Act,
and
b. if defined in the Interpretation Act, but not defined in the public service 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
5.01 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 an abridgement or restriction of an employee’s constitutional rights or of any right expressly conferred in an act of the Parliament of Canada.
Article 7: publications and authorship
Preamble
For the purpose of this article: “publication” shall include, for example, scientific and professional papers, articles, manuscripts, monographs, audio and visual products and computer software.
7.01 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.
7.02 The Employer agrees that publications prepared by an employee, within the scope of his employment, will be retained on appropriate departmental files for the normal life of such files. The Employer will not unreasonably withhold permission for publication. At the Employer’s discretion, recognition of authorship will be given where practicable in departmental publications.
7.03 When an employee acts as a sole or joint author or editor of a publication, the authorship or editorship shall normally be acknowledged on such publication.
7.04
a. The Employer may suggest revisions to a publication and may withhold approval to publish.
b. When approval for publication is withheld, the author(s) shall be so informed in writing of the reasons, if requested by the employee.
c. Where the Employer wishes to make changes in a publication with which the author does not agree, the employee shall not be credited publicly if the employee so requests.
Article 8: hours of work and shift work
8.01
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.
Clauses 8.02 to 8.07 do not apply to NU employees on shift work
8.02 Hours of work: general
a. This paragraph does not apply to the DE, MD and NU groups.
The scheduled workweek shall be thirty-seven decimal five (37.5) hours and the scheduled workday shall be seven decimal five (7.5) consecutive hours, exclusive of a meal period, between the hours of 7:00 am and 6:00 pm. The normal workweek shall be Monday to Friday inclusive.
b. Subparagraphs (i) to (v) apply to the NU Group only.
i. For employees engaged in non-shift work, the normal workweek shall be thirty-seven decimal five (37.5) hours and the normal workday shall be seven decimal five (7.5) consecutive hours, exclusive of a meal period, between the hours of 7 am and 6 pm.
ii. When normal hours, other than those provided in subparagraph 8.02(b)(i), are in existence when this agreement is signed, the Employer, on request, will consult with the Institute on such hours of work and in such consultation establish that such hours are required to meet the needs of the public and/or the efficient operation of the service. Where normal hours are to be changed so that they are different from those specified in paragraph 8.02(b), the Employer, except in cases of emergency, will consult in advance with the Institute on such hours of work and, in such consultation, will establish that such hours are required to meet the needs of the public and/or the efficient operation of the Service.
iii. It is understood that consultation may be held at the local level and will be referred to the appropriate Employer and Institute levels before implementation.
iv. Within five (5) days of notification of consultation served by either party, the Institute shall notify the Employer in writing of the representative authorized to act on behalf of the Institute for consultation purposes.
v. When operational requirements permit, an employee shall not be scheduled to work in excess of fifty-two decimal five (52.5) hours without at least two (2) consecutive days of rest.
c. Subparagraphs (i) to (iii) apply to the DE and MD groups only.
i. The normal hours of work shall average thirty-seven decimal five (37.5) hours per week over each four-week (4) period. Subject to the approval of the Employer, the hours of work shall be arranged to suit an employee’s individual duties.
ii. A reconciliation of hours of work will be made by the employee and the immediate supervisor for each four-week (4) period. In computing the hours of work within the period, vacation and other leaves of absence will account for seven decimal five (7.5) hours per day.
iii. Where operational requirements permit, the normal workweek shall be Monday through Friday.
d. This paragraph only applies to ND-DITs in hospitals.
The workweek of Dieticians, in the ND Group, employed in hospitals may be varied to accommodate local operational requirements provided that such variations are not contrary to the provisions of clause 8.04.
8.03 Flexible hours
This clause does not apply to employees in the MD and DE groups.
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 decimal five (7.5).
8.04 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.
8.05 Monthly attendance registers
Employees will submit monthly attendance registers; only those hours of overtime and absences need be specified.
8.06 Compressed workweek
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 of other than five (5) full days provided that over a period of twenty-one (21) or a period of twenty-eight (28) calendar days the employee works an average of thirty-seven decimal five (37.5) hours per week. As part of the provisions of this clause, attendance reporting shall be mutually agreed between the employee and the Employer. In every twenty-one (21) day period or in every twenty-eight (28) day period such an employee shall be granted days of rest on such days as are not scheduled as a normal workday for him.
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.
Implementation of this clause is subject to Article 46: variations in hours of work.
8.07 When operational requirements permit, two (2) rest periods of fifteen (15) minutes each shall be provided during each normal workday.
Clauses 8.08 to 8.25 apply only to NU emplo