13.01 When the Employer requires an employee to
travel outside his headquarters area for the purpose of performing duties, the
employee shall be compensated in the following manner:
(a) On a normal working day on which the employee travels but
does not work, the employee shall receive his 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 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 (7 1/2) hour period of work and
travel, with a maximum payment for such additional travel time not to exceed
twelve (12) hours pay at the straight-time rate in any day.
(c) On a day of rest or on a designated paid holiday, the
employee shall be paid at the applicable overtime rate for hours travelled to a
maximum of twelve (12) hours pay at the straight-time rate.
13.02 For the purpose of clause 13.01, 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 a 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, direct to the employee's destination
and, upon his return, direct back to the employee's residence or work place.
(c) In the event that an alternate time of departure and/or
means of travel is requested by the employee, the Employer may authorize such
alternate arrangements in which case compensation for travelling time shall not
exceed that which would have been payable under the Employer's original
determination.
13.03 All calculations for travelling time shall be
based on each completed period of fifteen (15) minutes.
13.04 Upon application by the employee and at the
discretion of the Employer, compensation earned 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 30 September of the next following fiscal year shall be
paid at the employee's daily rate of pay on 30 September.
13.05 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 30 September of the next following fiscal year.
13.06 This Article does not apply to an employee
required to perform work in any type of transport in which the employee is
travelling. In such circumstances, the employee shall receive pay for actual
hours worked in accordance with the Articles, hours of Work, Overtime,
Designated Paid Holidays.
**
13.07 Travelling time shall include time necessarily
spent at each stop-over en route provided that such stop-over does not include
an overnight stay.
13.08 Compensation under this Article shall not be
paid for travel time to courses, training sessions, conferences and seminars
unless so provided for in the Article 18, Career Development.
13.09 Travel Status Leave
**
(a) An employee who is required to travel outside his
headquarters area on government business, as these expressions are defined by
the Employer, and is away from his permanent residence for forty (40) nights
during a fiscal year shall be granted seven decimal five (7.5) hours of time off
with pay. The employee shall be credited with one additional seven decimal five
(7.5) hours of time off for each additional twenty (20) nights that the employee
is away from his permanent residence to a maximum of eighty (80) additional
nights.
**
(b) The maximum number of hours off earned under this clause
shall not exceed thirty-seven decimal five (37.5) hours 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 the article 9.04.
**
(d) The provisions of this clause do not apply when the employee
travels to attend courses, training sessions, professional conferences and
seminars, unless the employee is required by the Employer.
Clauses 13.10 and 13.11 apply only to the NU Group
13.10 When an employee is required to work in more
than one location during a period of duty, transportation between such locations
shall be provided, or paid for, by the Employer.
13.11 When an employee is
required to report for work and reports under the conditions described in
paragraph 9.01(a) and clause 10.01, and is required to use transportation
services other than normal public transportation services, the employee shall be
reimbursed for reasonable round trip expenses incurred as follows:
(a) mileage allowance at the rate normally paid to an employee
when authorized by the Employer to use the employee's automobile when the
employee travels by means of his own automobile,
or
(b) out-of-pocket expenses for other means of commercial
transportation.
**
14.01 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 layoff, the employee is considered to have earned the
amount of leave with pay granted to the employee.
**
14.02 An employee is entitled, once in each fiscal
year, to be informed, upon request, of the balance of his vacation or sick leave
with pay credits.
14.03 The amount of leave with pay credited to an
employee by the Employer at the time when this Agreement is signed, or at the
time when the employee becomes subject to this Agreement, shall be retained by
the employee.
14.04 An employee shall not be granted two (2)
different types of leave with pay in respect of the same period of time.
14.05 An employee is not entitled to leave with pay
during periods he is on leave without pay, on educational leave or under
suspension.
**
14.06
(a) When an employee becomes subject to this Agreement, his
earned daily leave credits shall be converted into hours. When an employee
ceases to be subject to this Agreement, his earned hourly leave credits shall be
reconverted into days, with one day being equal to seven decimal five (7.5)
hours.
(b) Earned leave credits or other leave entitlements shall be
equal to seven decimal five (7.5) hours per day.
(c) When leave is granted, it will be granted on an hourly basis
and the number of hours debited for each day of leave shall be equal to the
number of hours of work scheduled for the employee for the day in question.
(d) Notwithstanding the above, in Clause 17.02, Bereavement
Leave with Pay, a "day" will mean a calendar day.
15.01 The vacation year shall be from April 1st
to March 31st, inclusive.
15.02 Accumulation of Vacation Leave Credits
An employee shall earn vacation leave credits at the following
rate for each calendar month during which the employee receives pay for at least
ten (10) days:
**
Paragraph 15.02(a) applies only to the MD Group
(a) twelve decimal five (12.5) hours until the month in which
the employee's sixteen (16th) anniversary of service occurs;
**
Paragraphs 15.02(b) and (c) do not apply to the MD Group
(b) nine decimal three seven five (9.375) hours until the month
in which the employee's first (1st) anniversary of service occurs;
(c) twelve decimal five (12.5) hours commencing with the month
in which the employee's first (1st) anniversary of service occurs;
(d) thirteen decimal seven five (13.75) hours commencing with
the month in which the employee's sixteenth (16th) anniversary of
service occurs;
(e) fourteen decimal four (14.4) hours commencing with the month
in which the employee's seventeenth (17th) anniversary of service
occurs;
(f) fifteen decimal six two five (15.625) hours days commencing
with the month in which the employee's eighteenth (18th) anniversary
of service occurs;
(g) sixteen decimal eight seven five (16.875) hours per month
commencing with the month in which the employee's twenty-seventh (27th)
anniversary of service occurs;
(h) eighteen decimal seven five (18.75) hours per month
commencing with the month in which the employee's twenty-eighth (28th)
anniversary of service occurs.
15.03 For the purpose of clause 15.02 only, all
service within the Public Service, whether continuous or discontinuous, shall
count toward vacation leave except where a person who, on leaving the Public
Service, takes or has taken severance pay. However, the above exception shall
not apply to an employee who receives severance pay on lay-off and is
reappointed to the Public Service within one (1) year following the date of
lay-off.
15.04 Entitlement to Vacation Leave With Pay
An employee is entitled to vacation leave with pay to the extent
of the earned credits but an employee who has completed six (6) months of
continuous employment may receive an advance of credits equivalent to the
anticipated credits for the vacation year.
**
15.05 Approval, denial or cancellation of a request for Vacation Leave
The Employer shall give an employee as much notice as is
practicable and reasonable of approval, denial or cancellation of a request for
vacation. In the case of denial, alteration or cancellation of such leave, the
Employer shall give the written reason thereof, upon written request from the
employee.
15.06 Provision for Vacation Leave
In order to maintain operational requirements, the Employer
reserves the right to schedule an employee's vacation leave but shall make every
reasonable effort:
(a) to provide an employee's vacation leave in an amount and at
such time as the employee may request;
(b) not to recall an employee to duty after they have proceeded
on vacation leave.
15.07 Replacement of Vacation Leave
Where, in respect of any period of vacation leave, an employee:
(a) is granted bereavement leave,
or
(b) is granted sick leave on production of a medical
certificate,
or
(c) is granted leave with pay because of illness in the
immediate family,
the period of vacation leave 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.
15.08 Carry Over
(a) Where in any vacation year an employee has not been granted
all the vacation leave credited to them, the unused portion of the vacation
leave shall be carried over.
(b) Liquidation
During any vacation year, upon application by the employee and
at the discretion of the Employer earned but unused vacation leave credits shall
be compensated at the employee's daily rate of pay as calculated from the
classification prescribed in the employee's certificate of appointment of their
substantive position on March 31st.
15.09 Recall From Vacation Leave
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:
(a) in proceeding to the place of duty,
and
(b) in returning to the place from which he was recalled if the
employee immediately resumes vacation upon completing the assignment for which
he was recalled,
after submitting such accounts as are normally required by the
Employer.
**
15.10 The employee shall not be considered as being
on vacation leave during any period in respect of which the employee is entitled
under clause 15.09 to be reimbursed for reasonable expenses incurred by him.
**
15.11 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 and will provide proof of
such action, when available, to the Employer.
15.12 Advance Payments
The Employer agrees to issue advance payments of estimated net
salary for vacation periods of two (2) or more complete weeks, providing a
written request for such advance payment is received from the employee at least
six (6) weeks prior to the last pay before the employee's vacation period
commences, and providing the employee has been authorized to proceed on vacation
leave for the period concerned. Pay in advance of going on vacation shall be
made prior to departure. Any overpayment in respect of such pay advances shall
be an immediate first charge against any subsequent pay entitlement and shall be
recovered in full prior to any further payment of salary.
**
15.13 Leave When Employment Terminates
When an employee dies or otherwise ceases to be employed, the
employee or the employee's estate 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 the employee's credit by the daily rate of pay as calculated from
the classification prescribed in the employee's certificate of appointment on
the date of the termination of employment.
15.14 Vacation Leave Credits for Severance Pay
Where the employee requests, the Employer shall grant the
employee earned but unused vacation leave credits prior to termination of
employment if this will enable the employee, for purposes of severance pay, to
complete the first (1st) year of continuous employment in the case of
lay-off, and the tenth (10th) year of continuous employment in the
case of resignation.
15.15 Abandonment
Notwithstanding clause 15.12, an employee whose employment is
terminated by reason of a declaration that the employee has abandoned their
position is entitled to receive the payment referred to in clause 15.12 if the
employee requests it within six (6) months following the date upon which his
employment is terminated.
15.16 Recovery on Termination
In the event of the termination of employment for reasons other
than death or lay-off the Employer shall recover from any monies owed the
employee, an amount equivalent to unearned vacation leave taken by the employee,
calculated on the basis of the rate of pay applicable to the employee's
classification on the date of termination.
15.17 Appointment to a Separate Employer
Notwithstanding clauses 15.13 and 15.14 an employee who resigns
to accept an appointment with an organization as defined in Schedule V of the Financial
Administration Act may choose not to be paid for unused vacation leave
credits, provided that the appointing organization will accept such credits.
**
15.18 Appointment from a Separate Employer
The Employer agrees to accept the unused vacation leave credits
up to a maximum of two hundred and sixty-two decimal five (262.5) hours of an
employee who resigns from an organization as defined in Schedule V of the Financial
Administration Act in order to take a position with the Employer if the
transferring employee is eligible and has chosen to have these credits
transferred.
**
15.19
(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 15.03.
(b) Transitional Provision
Effective on May 31, 2005, employee with more than two (2) years
of service, as defined in clause 15.03, shall be credited a one-time entitlement
of thirty-seven decimal five (37.5) hours of vacation leave with pay.
16.01 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 ten (10) days.
16.02 An employee shall be granted sick leave with
pay when the employee is unable to perform his 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.
16.03 Unless otherwise informed by the Employer, a
statement signed by the employee stating that because of illness or injury he
were unable to perform their duties shall, when delivered to the Employer, be
considered as meeting the requirements of paragraph 16.02(a).
16.04 An employee shall not be granted sick leave
with pay during any period the employee is under suspension or on leave of
absence without pay.
16.05 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.
**
16.06 Where an employee has insufficient or no
credits to cover the granting of sick leave with pay under the provision of
clause 16.02, 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 the employee.
16.07 Sick leave credits earned but unused by an
employee during a previous period of employment in the Public Service shall be
restored to an employee whose employment was terminated by reason of lay-off and
who is reappointed in the Public Service within two (2) year from the date of
lay-off.
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