Work and Family Provisions in Canadian Collective Agreements - Table of Contents

Work and Family Provisions in Canadian Collective Agreements

Introduction

• Objectives of the Study
• What are Family-Friendly Provisions?
• Why Analyse Collective Agreements?
• Methodology
• Comments on the Scope of the Study
• Legislative Context
• Organization of the Study

Chapter I - Organization of Working Time

A. OVERTIME

• Right to Refuse Voluntary Overtime
• Time Off in Lieu of Overtime Pay

B. SCHEDULING

• Recognized Right to a Family Life
• Rest Between Shifts
• Maximum Consecutive Days of Work
• Sunday Work
• Consecutive days off
• Limits to Split Shifts
• Notice of Shift Change
• Shift Trades
• Preferential Shifts or Working Arrangements for Older Workers/Long-Service Employees

C. FLEXIBILITY IN HOURS OF WORK

• Flextime
  • Agreements based on operational flexibility
  • Flexible hours for groups of employees
  • Flexible hours for individual employees
  • Flexible lunch period
  • Banking hours
• Compressed Work Weeks
  • Employer initiated compressed work week arrangements
  • Employee initiated compressed work week arrangements
  • Reduced work week leave
• Annualized Hours

D. REDUCTION OF WORKING TIME

• Part-time Work
• Partial Leaves (Leave for Less than Full Time Work)
• Gradual Retirement
• Job Sharing
  • Agreements on general job sharing frameworks
  • Eligibility
  • Selection of partners
  • Duration
  • Termination of Job sharing arrangements: impact on employees
  • Trial period
  • Distribution of time and workload
  • Impact on pay, seniority, and benefits
  • Replacement of absent partner

E. TELEWORK (HOME BASED WORK)

• Joint Union-Management Committees on Telework
• Detailed Telework Clauses
  • Eligibility and Selection Criteria
  • Equipment and Other Costs
  • Schedules
  • Safeguards for Teleworking Employees
  • Management Contacting/Visiting Employees
  • Conditions and Employee Responsibilities

Chapter II - Maternity, Parental, and Adoption Leaves and Pregnancy-Related Provisions

A. MATERNITY LEAVE

• Reference to Legislated Standards
• Anti-Discrimination Clauses Related to Pregnancy and Maternity Leave
• Eligibility and notification requirements
• Start/end dates
  • Decision at the employee’s discretion
  • Decision by mutual agreement
  • Preset dates
  • Employer right to require the start of a leave
• Length of maternity leave
  • Initial leave
  • Extended maternity leave
  • Interrupted leave
• Maternity Benefits (Allowance)
  • Terms and conditions
  • Amount and Duration of Maternity Benefits
• Benefits and Seniority Protection
  • Seniority retention and accrual
  • Preservation of benefits
  • Notification of job vacancies, promotions, and training opportunities
• Return to work (Job protection)
  • Notification
  • Medical certificate
  • Right to reinstatement after leave
  • Additional protection against layoffs
  • Special Arrangements Following Return to Work
• Interrupted Pregnancies / Still-birth
  • Miscarriage
  • Stillborn child

B. PARENTAL AND ADOPTION LEAVES

• Eligibility and notification
• Start / End date
• Length of Parental and Adoption Leave
• Seniority Retention and Accrual
• Parental Benefits (SUB Plans)
• Paternity Leave
  • Long-term Paternity Leave
  • Leave for Attendance at Birth / Adoption

C. HEALTH AND SAFETY PROVISIONS FOR PREGNANT EMPLOYEES

• Withdrawal
• Reassignment to Other Work
  • Video Display Terminals
  • Diseases and Physical Dangers
• Medical Leave Related to Pregnancy
  • Leave for Medical Appointments
  • Leave for medical complications related to pregnancy
  • Choice of Physician

Chapter III - Other Family Related Leaves and Vacations

A. Family Care and Health Leave

• General Family Care
  • General Paid Leave
  • Use of Sick Leave Credits for General Family Care
  • Long-term Unpaid Leave
• Leave for Serious Household or Domestic Emergencies
• Family Illness Leave
  • Serious/Critical Illness in Family
  • Short-Term Family Illness Leave
  • Leave for Accidents Involving a Family Member
  • Long-Term Family Illness Leave
  • Medical Donor Leave
• Family Appointments
• Compassionate Leave
• Child Care Leave
• Elder Care Leave
• Family Violence

B. MAJOR FAMILY AND LIFE EVENTS

• Court Leave
  • Accompaniment of Dependents
  • Divorce/Separation/Custody Leave
  • Court Leave for Family Violence
• Convocation/Graduation of a Family Member
• Marriage Leave
  • Own Marriage
  • Other Family Members
• Bereavement Leave
  • Duration / Extension
  • Inclusion of Same Sex and Common-Law Spouses
  • Inclusion of Friends, Distant Relatives and Co-Workers
  • Accommodation for Other Ceremonies / Splitting of Leave
  • Coverage of Travel Expenses
• Religious Leave
  • General Provisions - Unpaid Leave
  • Paid Leave
  • Baptism, First Communion & Confirmation
• Spousal Relocation
• Employee Change of Residence
• Special Leave

C. PERSONAL REASONS LEAVE

• Short-Term Leave for Personal Reasons
• Long-Term Leave for Personal Reasons
• General Leave at Employer Discretion
• Deferred Salary / Prepaid Leave Plan
  • Eligibility and Approval Conditions
  • General Conditions - Restrictions on Work-Related Activities
  • Salary Accumulation and Payment During Leave
  • Effects on Benefits
  • Effects on Seniority
  • Return from Leave
  • Postponement of Leave
  • Withdrawal from the Plan

D. VACATIONS AND STATUTORY HOLIDAYS

• Guaranteed Vacation Time During the Summer
• Split Vacation Time
• Spousal Coordination of Vacation
• Additional Vacation Time
  • Vacation Extension
  • Supplemental Vacation Allowances
  • Long-Service Recognition
  • Pre-retirement Vacation
• Rescheduling in Case of Conflict
• Floating Holidays
• Special Family Day

Chapter IV - Child Care Services

A. WORKPLACE CHILD CARE FACILITIES

B. FINANCIAL SUBSIDIES AND FUNDING FOR CHILD CARE

• General Subsidies for Child Care
• Reimbursement of Child Care Expenses Under Specific Circumstances

C. JOINT UNION-MANAGEMENT COMMITTEES REGARDING CHILD CARE

Chapter V - Employee Benefits

A. EXTENT OF BENEFITS COVERAGE

• Dependent Coverage
• Same-Sex Partnerships
• Surviving Spouse and Dependents
• Divorce/Separation
• Retired Employees or Employees on Early Retirement
• Layoff
• Special Cases
  • Women Using A Shelter
  • Part-Time Employee’s Dependents

B. NON-MEDICAL BENEFITS

• Moving and Relocation
• Ultimate Removal Assistance
• Paid Travel to Visit Family
• Legal Services
• Tuition Assistance for Dependents
• Discounts for Family Members
• Use Of Telephone

C. ASSISTANCE PROGRAMS

• Employee and Family Assistance Programs
• Counselling Services
• Substance Abuse
• Paramedical
• Nursing Services
• Medical Transportation

Conclusion

Agreement References