Top of page Article 1: purpose and scope of agreement 1.01 The purpose of this agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the employees and the Association, 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 unit are employed.

Top of page **Article 2: interpretation and definitions 2.01 For the purpose of this agreement: “allowance” (« indemnité ») means compensation payable for the performance of special or additional duties; “Association” (« Association ») means the Canadian Association of Professional Employees; “bargaining unit” (« unité de négociation ») means all the employees of the Employer, classified as ES or SI and classified as EC as of June 22, 2009 , in the Economics and Social Science Services Group, as described in the certificate issued by the former Public Service Labour Relations Board (PSLRB) on the 17th day of December 2003 ; “common-law partner” (« conjoint de fait ») means a person living in a conjugal relationship with an employee for a continuous period of at least one year; ** “compensatory leave” (« congé compensateur ») means leave with pay in lieu of a payment for overtime, work performed on a designated paid holiday, travelling time compensated at overtime rate, reporting pay, call-back and standby. 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; “continuous employment” (« emploi continu ») has the same meaning as specified in the Directive on Terms and Conditions of Employment on the date of the signing of this agreement; “daily rate of pay” (« taux de rémunération journalier ») means an employee’s weekly rate of pay divided by five (5); “day” (« jour ») means a twenty-four (24) hour period commencing at 00:01 hours; “day of rest” (« jour de repos ») in relation to an employee means a day other than a holiday on which that employee is not ordinarily required to perform the duties of his or her position other than by reason of being on leave or absent from duty without permission; “double time” (« tarif double ») means two (2) times the employee’s hourly rate of pay; “employee” (« fonctionnaire ») means a person who is a member of the bargaining unit; “Employer” (« Employeur ») 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; “FPSLRA” (« LRTSPF ») means the Federal Public Sector Labour Relations Act; “FPSLREB” (« CRTESPF ») means the Federal Public Sector Labour Relations and Employment Board; “headquarters area” (« zone d’affectation ») has the same meaning as given to the expression in the Travel Directive; “holiday” (« jour férié ») means: the twenty-four (24) hour period commencing at 00:01 hours of a day designated as a paid holiday in this agreement however, for the purpose of administration of a shift that does not commence and end on the same day, such shift shall be deemed to have been entirely worked: on the day it commenced where half (1/2) or more of the hours worked fall on that day,

or on the day it terminates where more than half (1/2) of the hours worked fall on that day; “hourly rate of pay” (« taux de rémunération horaire ») means a full-time employee’s weekly rate of pay divided by thirty-seven decimal five (37.5); “layoff” (« mise en disponibilité ») means the termination of an employee’s employment because of lack of work or because of the discontinuance of a function; “leave” (« congé ») means authorized absence from duty by an employee during his or her regular or normal hours of work; “membership dues” (« cotisations syndicales ») means the dues established pursuant to the constitution of the Association as the dues payable by its members as a consequence of their membership in the Association, and shall not include any initiation fee, insurance premium, or special levy; “overtime” (« heures supplémentaires ») means: in the case of a full-time employee, authorized work in excess of the employee’s scheduled hours of work,

or in the case of a part-time employee, authorized work in excess of seven decimal five (7.5) hours per day or thirty-seven decimal five (37.5) hours per week, but does not include time worked on a holiday,

or in the case of a part-time employee whose normal scheduled hours of work are in excess of seven decimal five (7.5) hours per day in accordance with the variable hours article (Appendix B), authorized work in excess of those normal scheduled daily hours or in excess of an average of thirty-seven decimal five (37.5) hours per week; “remuneration” (« rémunération ») means pay and allowances; “spouse” (« époux ») 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; “straight-time rate” (« tarif normal ») means the employee’s hourly rate of pay; “time and one half” (« tarif et demi ») means one and one half (1 1/2) times the employee’s hourly rate of pay; “weekly rate of pay” (« taux de rémunération hebdomadaire ») means an employee’s annual rate of pay divided by fifty-two decimal one seven six (52.176). 2.02 Except as otherwise provided in this agreement, expressions used in this agreement: if defined in the FPSLRA, have the same meaning as given to them in the FPSLRA,

and if defined in the Interpretation Act, but not defined in the FPSLRA, have the same meaning as given to them in the Interpretation Act.

Top of page Article 3: application 3.01 The provisions of this agreement apply to the Association, employees and the Employer. 3.02 Both the English and French texts of this agreement shall be official. Unless otherwise expressly stipulated, the provisions of this agreement apply equally to male and female employees.

Top of page Article 4: state security 4.01 Nothing in this agreement shall be construed to require the Employer to do or refrain from doing anything contrary to any instruction, direction or regulations given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

Top of page Article 5: precedence of legislation and the collective agreement 5.01 In the event that any law passed by Parliament, applying to employees covered by this agreement, renders null and void any provision of this agreement, the remaining provisions of the agreement shall remain in effect for the term of this agreement.

Top of page Article 6: managerial responsibilities 6.01 Except to the extent provided herein, this agreement in no way restricts the authority of those charged with managerial responsibilities in the public service.

Top of page Article 7: recognition 7.01 The Employer recognizes the Association as the exclusive bargaining agent for all employees described in the certificate issued by the FPSLREB on the 17th day of December 2003 covering employees of the Economics and Social Science Services Group.

Top of page Article 8: employee representatives 8.01 The Employer acknowledges the right of the Association to appoint or otherwise select employees as representatives. 8.02 The Employer and the Association shall, by mutual agreement, determine the area to be serviced by each representative. 8.03 The Association shall notify the Employer in writing of the name and jurisdiction of its representatives identified pursuant to clause 8.02. 8.04 A representative shall obtain the permission of his or her immediate supervisor before leaving work to investigate employee complaints, to meet with local management for the purpose of dealing with grievances and to attend meetings called by management. Upon the resumption of the normal duties of the representative, he or she shall report back to the supervisor, where practicable. 8.05 The Association will have the opportunity to have an employee representative introduced to new employees as part of the Employer’s formal orientation programs, where they exist.

Top of page Article 9: use of Employer facilities 9.01 Space on bulletin boards (including electronic bulletin boards where available) will be made available to the Association for the posting of official Association notices, in convenient locations determined by the Employer and the Association. The posting of notices or other material shall require the prior approval of the Employer, except notices of Association business affairs and meetings, and Association elections, the names of the Association’s representatives and social and recreational events. The Employer reserves the right to refuse the posting of any information which it considers adverse to its interests or to the interests of any of its representatives. 9.02 Where technically feasible within the existing departmental infrastructure, and subject to security restrictions, each department shall establish a hyperlink to the Association’s website from the departmental intranet website. 9.03 The Employer will continue its present practice of making available to the Association specific locations on its premises, and where it is practical to do so on vessels, for the placement of reasonable quantities of literature of the Association. 9.04 A duly accredited representative of the Association may be permitted access to the Employer’s premises, which includes vessels, to assist in the resolution of a complaint or grievance and to attend meetings called by management. Permission to enter the premises shall, in each case be obtained from the Employer. In the case of access to vessels, the Association representative upon boarding any vessel must report to the Master, state his or her business and request permission to conduct such business. It is agreed that these visits will not interfere with the sailing and normal operation of the vessels. 9.05 The Association shall provide the Employer a list of such Association representatives and shall advise promptly of any change made to the list. 9.06 Subject to the availability of appropriate facilities, the Association may hold general meetings of the local membership on departmental premises. The location, date and duration of such meetings shall require the prior approval of the deputy head or his or her delegate. This clause does not entitle an employee to attend such meetings during his or her scheduled hours of work.

Top of page Article 10: check-off 10.01 The Employer will as a condition of employment deduct an amount equal to the amount of the membership dues from the monthly pay of an employee. 10.02 The Association shall inform the Employer in writing of the authorized monthly deduction to be checked off for each employee. 10.03 For the purpose of applying clause 10.01, deductions from pay for each employee in respect of each calendar month will start with the first full calendar month of employment to the extent that earnings are available. 10.04 An employee who satisfies the Association to the extent that the employee satisfies in an affidavit that he or she is a member of a religious organization whose doctrine prevents an employee as a matter of conscience from making financial contributions to an employee organization and that the employee will make contributions to a charitable organization registered pursuant to the Income Tax Act, 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. The Association will inform the Employer accordingly. 10.05 No employee organization, as defined in section 2 of the FPSLRA, other than the Association, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of employees in the bargaining unit. 10.06 The amounts deducted in accordance with clause 10.01 shall be remitted to the Association within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each employee and the deductions made on each employee’s behalf. 10.07 The Employer agrees to continue the past practice of making deductions for other purposes on the basis of the production of appropriate documentation. 10.08 The Association 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 limited to the amount actually involved in the error. 10.09 At the request of the employee and provided that there is four (4) weeks’ advance notice, the Employer will provide to the employee by the end of February, a letter describing all deductions from the employee’s pay that are eligible for a tax credit and that are not identified on the T4.

Top of page Article 11: information 11.01 The Employer agrees to provide the Association, 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, date of appointment to a particular position and classification of the employee and the Employer will endeavour to provide it normally within one (1) month following the termination of each quarter. 11.02 Employees will be given electronic access to the collective agreement. Where electronic access to the agreement is unavailable or impractical, or upon request, the employee will be supplied with a printed copy of the agreement. 11.03 National Joint Council agreements which form part of this collective agreement and which have a direct bearing on employees’ terms and conditions of employment shall be made available to employees by the Employer either electronically or in paper form. 11.04 The Employer agrees to distribute to each new employee an information package prepared and supplied by the Association. Such information package shall require the prior approval of the Employer.

Top of page Article 12: employees on premises of other employers 12.01 If employees are prevented from performing their duties because of a strike or lockout on the premises of a provincial, municipal, commercial or industrial 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 their regular pay and benefits to which they would normally be entitled.

Top of page Article 13: restriction on outside employment 13.01 Unless otherwise specified by the Employer as being in an area that could represent a conflict of interest, employees shall not be restricted in engaging in other employment outside the hours they are required to work for the Employer.

Top of page Article 14: leave for Association business Complaints made to the FPSLREB pursuant to section 190(1) of the FPSLRA 14.01 When operational requirements permit, in cases of complaints made to the FPSLREB pursuant to subsection 190(1) of the FPSLRA alleging a breach of section 157, paragraphs 186(1)(a), 186(1)(b), 186(2)(a)(i), 186(2)(b), section 187, subsections 188(a) or 189(1) of the FPSLRA, the Employer will grant leave with pay: to an employee who makes a complaint on his or her own behalf, before the FPSLREB,

and to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Association making a complaint. Applications for certification, representations and interventions with respect to applications for certification 14.02 Where operational requirements permit, the Employer will grant leave without pay: to an employee who represents the Association in an application for certification or in an intervention,

and to an employee who makes personal representations with respect to a certification. 14.03 The Employer will grant leave with pay: to an employee called as a witness by the FPSLREB,

and when operational requirements permit, to an employee called as a witness by an employee or the Association. Arbitration Board, Public Interest Commission and Alternate Dispute Resolution 14.04 When operational requirements permit, the Employer will grant leave with pay to a reasonable number of employees representing the Association before an Arbitration Board, Public Interest Commission or in an Alternate Dispute Resolution Process. 14.05 The Employer will grant leave with pay to an employee called as witness by an Arbitration Board, Public Interest Commission or in an Alternate Dispute Resolution Process and, when operational requirements permit, to an employee called as a witness by the Association. Adjudication 14.06 When operational requirements permit, the Employer will grant leave with pay to an employee who is: a party to the adjudication, the representative of an employee who is a party to an adjudication,

and a witness called by an employee who is a party to an adjudication. Meetings during the grievance process 14.07 Where operational requirements permit, the Employer will grant to an employee: 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 the employee and on duty status when the meeting is held outside the employee’s headquarters area,

and 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. 14.08 Where an employee wishes to represent, at a meeting with the Employer, an employee who has presented a grievance, the Employer will arrange the meeting having regard to operational requirements, and will grant leave with pay to the representative when the meeting is held in the representative’s headquarters area and leave without pay when the meeting is held outside the representative’s headquarters area. 14.09 Where an employee has asked or is obliged to be represented by the Association in relation to the presentation of a grievance and an employee acting on behalf of the Association 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 his or her headquarters area and reasonable leave without pay when it takes place outside his or her headquarters area. Contract negotiations meetings 14.10 Where operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees for the purpose of attending contract negotiation meetings on behalf of the Association. Preparatory contract negotiations meetings 14.11 Where operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees to attend preparatory contract negotiations meetings. Meetings between the Association and management not otherwise specified in this article 14.12 Where operational requirements permit, the Employer will grant leave with pay to a reasonable number of employees who are meeting with management on behalf of the Association. 14.13 Subject to operational requirements, the Employer shall grant leave without pay to a reasonable number of employees to attend meetings of the Association and organizations to which the Association is affiliated. Representatives’ training courses 14.14 Where operational requirements permit, the Employer will grant leave without pay to employees who exercise the authority of a representative on behalf of the Association to undertake training related to the duties of a representative. Employment relations meetings, inquiries or seminars 14.15 Where operational requirements permit and when the subject matter is related to the terms and conditions of employment of the employees in the bargaining unit, an employee may be granted leave without pay by the Employer to appear at public meetings, inquiries or seminars on behalf of the Association provided the employee can prove that his or her attendance has been sanctioned by the Association. Leave for election or appointment to Association position 14.16 The Employer will grant leave of absence without pay to an employee who is elected or appointed to a full-time position of the Association within one (1) month after notice is given to the Employer of such election or appointment by the Association. The duration of such leave shall be for the period the employee holds such office.

Top of page Article 15: illegal strikes 15.01 The FPSLRA provides penalties for engaging in illegal strikes. Disciplinary action may also be taken, which will include penalties up to and including discharge, for participation in an illegal strike pursuant to the provisions of paragraph 12(1)(c) of the Financial Administration Act.

Top of page Article 16: no discrimination 16.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practised with respect to an employee by reason of age, race, creed, colour, national or ethnic origin, religious affiliation, sex, sexual orientation, gender identity and expression, family status, marital status, mental or physical disability, membership or activity in the Association, a conviction for which a pardon has been granted. 16.02 Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint. If by reason of paragraph 16.02(a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement. 16.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with discrimination. The selection of the mediator will be by mutual agreement. 16.04 Upon request by the complainant(s) and/or respondent(s) an official copy of the investigation report shall be provided to them by the Employer subject to the Access to Information Act and the Privacy Act.

Top of page Article 17: no sexual harassment 17.01 The Association and the Employer recognize the right of employees to work in an environment free from sexual harassment and agree that sexual harassment will not be tolerated in the workplace. 17.02 Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint. If by reason of paragraph 17.02(a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement. 17.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with sexual harassment. The selection of the mediator will be by mutual agreement. 17.04 Upon request by the complainant(s) and/or respondent(s) an official copy of the investigation report shall be provided to them by the Employer subject to the Access to Information Act and the Privacy Act.

Top of page Article 18: duty aboard vessels 18.01 Nothing in this agreement shall be construed to impair in any manner whatsoever the authority of the Master. 18.02 The Master may, whenever he or she deems it advisable, require any employee to participate in lifeboat or other emergency drills without the payment of overtime. 18.03 Any work necessary for the safety of the vessel, passengers, crew or cargo shall be performed by all employees at any time on immediate call and, notwithstanding any provisions of this agreement which might be construed to the contrary, in no event shall overtime be paid for work performed in connection with such emergency duties of which the Master shall be the sole judge. 18.04 When an employee suffers loss of clothing or personal effects (those which can reasonably be expected to accompany the employee aboard the ship) because of marine disaster or shipwreck, the employee shall be reimbursed the value of those articles up to a maximum of one thousand ($1,000) dollars based on replacement cost. 18.05 An employee shall submit to the Employer a full inventory of his or her personal effects and shall be responsible for maintaining it in a current state. An employee or the employee’s estate making a claim under this article shall submit to the Employer reasonable proof of such loss, and shall submit an affidavit listing the individual items and values claimed.

Top of page Article 19: leave, general 19.01 An employee is entitled, once in each fiscal year, to be informed upon request, of the balance of his or her vacation and sick leave credits. 19.02 When an employee becomes subject to this agreement, his or her earned daily leave credits shall be converted into hours, with one (1) day being equal to seven decimal five (7.5) hours. When an employee ceases to be subject to this agreement, his or her earned hourly leave credits shall be reconverted into days, with one (1) day being equal to seven decimal five (7.5) hours. Earned leave credits or other leave entitlements shall be equal to seven decimal five (7.5) hours per day. 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. Notwithstanding the above, in clause 21.02 (bereavement leave with pay), a “day” will mean a calendar day. 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. 19.03 An employee shall not be granted two (2) different types of leave with pay at the same time. 19.04 An employee is not entitled to leave with pay during any period which the employee is on leave without pay, on education leave or under suspension. 19.05 In the event of termination of employment for reasons other than incapacity, death or layoff, the Employer shall recover from any monies owed the employee an amount equivalent to unearned vacation and sick leave taken by the employee, as calculated from the classification prescribed in the employee’s certificate of appointment on the date of the termination of the employee’s employment. 19.06 When the employment of an employee who has been granted more sick or vacation leave with pay than he or she has earned is terminated by layoff, the employee is considered to have earned the amount of leave with pay granted to him or her if at the time of layoff, he or she has completed two (2) or more years of continuous employment. 19.07 An employee shall not earn leave credits under this collective agreement in any month for which leave has already been credited to him or her under the terms of any other collective agreement to which the Employer is a party or under other rules or regulations of the Employer. 19.08 Except as otherwise specified in this agreement, 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; leave without pay for periods in excess of three (3) months shall not be counted for pay increment purposes.

Top of page Article 20: designated paid holidays 20.01 Subject to clause 20.02, the following days shall be designated paid holidays for employees: New Year’s Day

Good Friday

Easter Monday

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

Canada Day

Labour Day

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

Remembrance Day

Christmas Day

Boxing Day one additional day in each year that, in the opinion of the Employer, is recognized to be a territorial, 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 additional day is recognized as a provincial or civic holiday, the first Monday in August, one additional day when proclaimed by an act of Parliament as a national holiday. 20.02 An employee absent without pay on both his or her full working day immediately preceding and his or her full working day immediately following a designated holiday is not entitled to pay for the holiday, except in the case of an employee who is granted leave without pay under the provisions of Article 14 (leave for Association business). 20.03 When a day designated as a paid holiday under clause 20.01 coincides with an employee’s day of rest, the holiday shall be moved to the employee’s first normal working day following the employee’s day of rest. 20.04 When a day designated as a paid holiday for an employee is moved to another day under the provisions of clause 20.03: work performed by an employee on the day from which the holiday was moved shall be considered as work performed on a day of rest,

and work performed by an employee on the day to which the holiday was moved, shall be considered as work performed on a holiday. 20.05 When an employee works on a holiday, he or she shall be paid time and one half (1 1/2) for all hours worked up to the regular daily scheduled hours of work as specified by this agreement, and double (2) time thereafter, in addition to the pay that the employee would have been granted had he or she not worked on the holiday. Notwithstanding paragraph (a), when an employee works on a holiday following a day of rest on which the employee also worked and received overtime in accordance with clause 28.11 of this agreement, the employee shall be paid in addition to the pay that the employee would have been granted had the employee not worked on the holiday, two (2) times his or her hourly rate of pay for all time worked. The pay noted in paragraphs (a) and (b) to which an employee is entitled, had he or she not worked on the holiday, is equivalent to seven decimal five (7.5) hours of pay at the straight-time rate of pay. 20.06 When an employee is required to report for work and reports on a designated holiday, the employee shall be paid the greater of: compensation in accordance with the provisions of clause 20.05;

or compensation equivalent to three (3) hours’ pay at the applicable overtime rate of pay. 20.07 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee’s normal place of work, time spent by the employee reporting to work or returning to his or her residence shall not constitute time worked. 20.08 Where a day that is a designated holiday for an employee coincides with a day of leave with pay, that day shall count as a holiday and not as a day of leave. 20.09 Where operational requirements permit, the Employer shall not schedule an employee to work both December 25 and January 1 in the same holiday season. 20.10 Payments referred to in clause 20.05 shall be compensated with a payment except where, upon request of an employee and with the approval of the Employer, they may be compensated in equivalent leave with pay to be administered in accordance with paragraph 28.14(b) of this agreement.

Top of page **Article 21: other leave with or without pay ** 21.01 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 a single period of up to 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. The leave shall be scheduled at a time convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such time as the employee may request. 21.02 Bereavement leave with pay ** For the purpose of this clause, immediate family is defined as father, mother (or, alternatively, stepfather, stepmother, or foster parent), brother, sister, stepbrother, stepsister, spouse (including common-law partner), child (including child of common-law partner), stepchild, foster child or ward of the employee, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law and 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. When a member of the employee’s immediate family dies, an employee shall be entitled to bereavement leave with pay. Such bereavement leave, as determined by the employee, must include the day of the memorial commemorating the deceased or must begin within two (2) days following the death. During such period the employee shall be paid for those days which are not regularly scheduled days of rest for the employee. In addition, the employee may be granted up to three (3) days’ leave with pay for the purpose of travel related to the death. At the request of the employee, such bereavement leave with pay 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. When requested to be taken in two (2) periods: the first period must include the day of the memorial commemorating the deceased or must begin within two (2) days following the death,

and the second period must be taken no later than twelve (12) months from the date of death for the purpose of attending a ceremony. 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. An employee is entitled to one (1) day’s bereavement leave with pay for the purpose related to the death of his or her brother-in-law or sister-in-law, and grandparents of spouse. If, during a period of vacation leave, sick leave or compensatory leave, an employee is bereaved in circumstances under which he or she would have been eligible for bereavement leave with pay under paragraph (a) or (d) of this clause, the employee shall be granted bereavement leave with pay and his or her vacation leave, sick leave or compensatory leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted. 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 deputy head of a department may, after considering the particular circumstances involved, grant leave with pay for a period greater or in a manner other than that provided for in paragraphs 21.02(a) and (d). ** An employee shall be entitled to bereavement leave 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. 21.03 Maternity leave without pay 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. Notwithstanding paragraph (a): where the employee has not yet proceeded on maternity leave without pay and her newborn child is hospitalized,

or 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. The extension described in paragraph (b) shall end not later than fifty-two (52) weeks after the termination date of pregnancy. The Employer may require an employee to submit a medical certificate certifying pregnancy. An employee who has not commenced maternity leave without pay may elect to: use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates; use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in Article 22 (sick leave with pay). For purposes of this subparagraph, the terms “illness” or “injury” used in Article 22 (sick leave with pay) shall include medical disability related to pregnancy. 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. 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. 21.04 Maternity allowance 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 paragraphs (c) to (i), provided that she: has completed six (6) months of continuous employment before the commencement of her maternity leave without pay, 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 has signed an agreement with the Employer stating that: ** 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; 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; ** 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, layoff, 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 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). 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). Maternity allowance payments made in accordance with the SUB Plan will consist of the following: 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, for each week that the employee receives a maternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, she is eligible to receive the difference between ninety-three per cent (93%) of her weekly rate of pay 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,

and where an employee has received the full fifteen (15) weeks of maternity benefits under the 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 at ninety-three per cent (93%) of her weekly rate of pay, less any other monies earned during this period. At the employee’s request, the payment referred to in subparagraph 21.04(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 Plan maternity benefits. 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. The weekly rate of pay referred to in paragraph (c) shall be: for a full-time employee, the employee’s weekly rate of pay on the day immediately preceding the commencement of maternity leave without pay; 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. 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. 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. Where an employee becomes eligible for an upward pay increment or pay revision while in receipt of the maternity allowance, the allowance shall be adjusted accordingly. Maternity allowance payments made under the SUB Plan will neither reduce nor increase an employee’s deferred remuneration or severance pay. 21.05 Special maternity allowance for totally disabled employees An employee who: fails to satisfy the eligibility requirement specified in subparagraph 21.04(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 has satisfied all of the other eligibility criteria specified in paragraph 21.04(a), other than those specified in sections 21.04(a)(iii)(A) and (B), shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph 21.05(a)(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. An employee shall be paid an allowance under this clause and under clause 21.04 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 the Québec Parental Insurance Plan had she not been disqualified from Employment Insurance or Québec Parental Insurance Plan maternity benefits for the reasons described in subparagraph 21.05(a)(i). 21.06 Parental leave without pay ** Where an employee has or will have the actual care and custody of a newborn child (including the newborn child of a common-law partner), the employee shall, upon request, be granted parental leave without pay for either: a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period (standard option),

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

or 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. ** Notwithstanding paragraphs (a) and (b) above, at the request of an employee, the leave referred to in paragraphs (a) and (b) above may be taken in two (2) periods. Notwithstanding paragraphs (a) and (b): 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 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. 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. The Employer may: defer the commencement of parental leave without pay at the request of the employee; grant the employee parental leave without pay with less than four (4) weeks’ notice; require an employee to submit a birth certificate or proof of adoption of the child. 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. 21.07 Parental allowance ** Under the Employment Insurance (EI) benefits plan, parental allowance is payable under two options, either: Option 1: standard parental benefits, paragraphs 21.07(c) to (k),

or

or Option 2: extended parental benefits, paragraphs 21.07(l) to (t). Once an employee elects the standards 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 ** 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: has completed six (6) months of continuous employment before the commencement of parental leave without pay, 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 Québec Parental Insurance Plan in respect of insurable employment with the Employer,

and has signed an agreement with the Employer stating that: 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/her parental leave without pay, unless the return-to-work date is modified by the approval of another form of leave; 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 21.04(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 per cent (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 21.04(a)(iii)(B), if applicable. should he or she fail to return to work in accordance with 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, layoff, 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). 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 Parental allowance payments made in accordance with the SUB Plan will consist of the following: ** where an employee on parental leave without pay as described in subparagraphs 21.06(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 (and the recruitment and retention “terminable allowance” if applicable), for the waiting period, less any other monies earned during this period; ** for each week the employee receives parental, adoption or paternity benefits under the Employment Insurance or the Québec Parental Insurance Plan, he or she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate of pay (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/her parental, adoption or paternity benefit to which he or she would have been eligible if no extra monies had been earned during this period; ** 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 (and the recruitment and retention “terminable allowance” if applicable) for each week, less any other monies earned during this period; ** 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; ** 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 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 subparagraph 21.04(c)(iii) for the same child;

and ** 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 subparagraphs 21.04(c)(iii) and 21.07(c)(v) for the same child. At the employee’s request, the payment referred to in subparagraph 21.07(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 parental benefits. 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 Québec. The weekly rate of pay referred to in paragraph (c) shall be: 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; 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. ** 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 she or he is appointed. ** 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. Where an employee becomes eligible for a pay increment or pay revision that would increase the parental allowance, the allowance shall be adjusted accordingly. Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee’s deferred remuneration or severance pay. ** The maximum combined, shared, maternity and standard parental allowances payable under this collective agreement shall not exceed fifty-seven (57) weeks for each combined maternity and parental leave without pay. Option 2: extended parental allowance ** Parental allowance payments made in accordance with the SUB Plan will consist of the following: where an employee on parental leave without pay as described in subparagraphs 21.06(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; 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 benefit, 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; 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 subparagraph 21.04(c)(iii) for the same child. 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 subparagraph 21.04(c)(iii) for the same child; ** At the employee’s request, the payment referred to in subparagraph 21.07(l)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance. ** 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. ** The weekly rate of pay referred to in paragraph (l) shall be: for a full-time employee, the employee’s weekly rate of pay on the day immediately preceding the commencement of parental leave without pay; 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. ** 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. ** 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 (and the recruitment and retention “terminable allowance” if applicable) shall be the rate the employee was being paid on that day. ** Where an employee becomes eligible for a pay increment or pay revision while in receipt of the allowance, the allowance shall be adjusted accordingly. ** Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee’s deferred remuneration or severance pay. ** 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. 21.08 Special parental allowance for totally disabled employees An employee who: fails to satisfy the eligibility requirement specified in subparagraph 21.07(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 Plan benefits,

and has satisfied all of the other eligibility criteria specified in paragraph 21.07(a), other than those specified in sections 21.07(a)(iii)(A) and (B), shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in subparagraph 21.08(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. An employee shall be paid an allowance under this clause and under clause 21.07 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 Plan benefits for the reasons described in subparagraph 21.08(a)(i). 21.09 Leave without pay for the care of family Subject to operational requirements, an employee shall be granted leave without pay for the care of family in accordance with the following conditions: ** For the purpose of this clause, family is defined as spouse (or common-law partner), children (including foster children or children of a spouse or common-law partner) parents (including step-parents or foster parent), ward of the employee, brother, sister, stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, daughter-in-law, grandchild, the employee’s grandparents 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. Subject to paragraph (a), up to five (5) years leave without pay during an employee’s total period of employment in the public service may be granted for the personal long-term care of the employee’s family or for the care of a dying family member. Leave granted under this paragraph shall be for a minimum period of three (3) weeks. 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. ** 21.10 Caregiving leave 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. The leave without pay described in paragraph 21.10(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. 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. 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, paragraph 21.10(a) above ceases to apply. 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. 21.11 Leave without pay for personal needs Leave without pay will be granted for personal needs in the following manner: 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 and service for the purpose of calculating vacation leave. Time spent on such leave shall be counted for pay increment purposes. 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. An employee is entitled to leave without pay for personal needs twice under each of paragraphs (a) and (b) during the employee’s total period of employment in the public service. The second period of leave under each paragraph can be granted provided that the employee has remained in the public service for a period of ten (10) years subsequent to the expiration of the first period of leave under the relevant paragraph. Leave without pay granted under this clause may not be used in combination with maternity or parental leave without the consent of the Employer. 21.12 Leave without pay for relocation of spouse At the request of an employee, leave without pay for a period of up to one (1) year shall be granted to an employee whose spouse is permanently relocated and up to five (5) years to an employee whose spouse is temporarily relocated. 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. Time spent on such leave which is for a period of more than three (3) months shall not be counted for pay increment purposes. 21.13 Leave with pay for family-related responsibilities ** For the purpose of this clause, family is defined as spouse (or common-law partner), children (including foster children and children of spouse or common-law partner and ward of the employee), parents (including step-parents or foster parents), parents of a spouse or common-law partner, brother, sister, stepbrother, stepsister, grandparents, grandchild, 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. The total leave with pay which may be granted under this clause shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year. The Employer shall grant leave with pay under the following circumstances: to take a family member for medical or dental appointments, or for appointments with school authorities or adoption agencies, if the supervisor was notified of the appointment as far in advance as possible; 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; to provide for the immediate and temporary care of an elderly member of the employee’s family; for needs directly related to the birth or to the adoption of the employee’s child to attend school functions, if the supervisor was notified of the functions as far in advance as possible; to provide for the employee’s child in the case of an unforeseeable closure of the school or daycare facility; Seven decimal five (7.5) hours of the thirty-seven decimal five (37.5) hours stipulated in paragraph 21.12(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. Where, in respect of any period of compensatory leave, an employee is granted leave with pay for illness in the family under paragraph 21.12(c) above, on production of a medical certificate, the period of compensatory leave so displaced shall either be added to the compensatory leave period, if requested by the employee and approved by the Employer, or reinstated for use at a later date. 21.14 Court attendance leave Leave with pay shall be granted to every employee, who is required: to serve on a jury or to be available for jury selection;

and by subpoena or summons to attend as a witness in any proceeding held: in or under the authority of a court of justice, before a court, judge, justice, magistrate or coroner, 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, 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,

and 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. 21.15 Injury-on-duty leave An employee shall be granted injury-on-duty leave with pay for such period as may be reasonably determined by the Employer when a claim has been made pursuant to the Government Employees’ Compensation Act, and a workers’ compensation authority has notified the Employer that it has certified that the employee is unable to work because of: personal injury accidentally received in the performance of his or her duties and not caused by the employee’s wilful misconduct,

or an industrial illness or a disease arising out of and in the course of the employee’s employment, if the employee agrees to remit to the Receiver General for Canada any amount received by him or her 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. 21.16 Personnel selection leave Where an employee participates in a personnel selection process, including the appeal process where applicable, for a position in the public service, as defined in the FPSLRA, the employee is entitled to leave with pay for the period during which the employee is required, either in person or via electronic means 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 or her presence is so required. This clause applies equally in respect of the personnel selection processes related to deployment. 21.17 Leave with or without pay for other reasons At its discretion, the Employer may grant: leave with pay when circumstances not directly attributable to the employee prevent his or her reporting for duty. Such leave shall not be unreasonably withheld; leave with or without pay for purposes other than those specified in this agreement. ** 21.18 Domestic violence leave For the purposes of this clause 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. The parties recognize that employees may be subject to domestic violence in their personal life that could affect their attendance at work and productivity. Upon request, an employee who is subject to domestic violence or who is the parent of a 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: to seek care and/or support for themselves or their child in respect of a physical or psychological injury or disability; to obtain services from an organization which provides services for individuals who are subject to domestic violence; to obtain professional counselling; to relocate temporarily or permanently;

or to seek legal or law enforcement assistance or to prepare for or participate in any civil or criminal legal proceeding. The total domestic violence leave with pay which may be granted under this clause shall not exceed seventy-five (75) hours in a fiscal year. 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. The Employer will protect the employees from adverse effects on the basis of their disclosure, experience, or perceived experience of domestic violence. Notwithstanding paragraphs 21.18(b) and 21.18(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.

Top of page Article 22: sick leave with pay Credits 22.01 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. Granting of sick leave 22.02 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: 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 the employee has the necessary sick leave credits. 22.03 Unless otherwise informed by the Employer, a statement signed by the employee stating that because of illness or injury he or she was unable to perform his or her duties, shall, when delivered to the Employer, be considered as meeting the requirements of paragraph 22.02(a). 22.04 When an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause 22.02 (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. 22.05 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. 22.06 Where, in respect of any period of compensatory leave, an employee is granted sick leave with pay on production of a medical certificate, the period of compensatory leave so displaced shall either be added to the compensatory leave period if requested by the employee and approved by the Employer or reinstated for use at a later date. 22.07 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 layoff and who is reappointed in the public service within two (2) years from the date of layoff. 22.08 The Employer agrees that an employee recommended for termination for cause pursuant to paragraph 12(1)(e) of the Financial Administration Act for reasons of incapacity by reason of ill health shall not be released at a date earlier than the date at which the employee will have utilized his or her accumulated sick leave credits.

Top of page **Article 23: career development General An employee is entitled to a personal learning plan which will be jointly developed with the responsible manager. The personal learning plan will be reviewed and updated on an annual basis at the employee’s request. 23.01 Education leave 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 his or her present 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. An employee on education leave under this clause shall receive allowances in lieu of salary equivalent of up to one hundred per cent (100%) of the employee’s basic salary provided that 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. Any allowance already being received by the employee and not part of the employee’s basic salary shall not be used in the calculation of the education leave allowance. Allowances already being received by the employee may at the discretion of the Employer be continued during the period of the education leave and the employee shall be notified when the leave is approved whether such allowances are to be continued in whole or in part. 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, fails to complete the course, does not resume employment with the Employer on completion of the course,

or ceases to be employed before termination of the period the employee has undertaken to serve after completion of the course. he or she shall repay the Employer all allowances paid to him or her under this clause during the education leave or such lesser sum as shall be determined by the Employer. 23.02 Attendance at conferences and conventions The parties to this agreement recognize that the attendance or participation at conferences, conventions, symposia, workshops and other gatherings of a similar nature contributes to the maintenance of high professional standards. An employee shall have the opportunity, subject to operational requirements, to attend a reasonable number of conferences or conventions related to the employee’s field of specialization in order to benefit from an exchange of knowledge and experience with the employee’s professional colleagues. The Employer may grant leave with pay and reasonable expenses, including registration fees, to attend such gatherings, subject to budgetary constraints as determined by the Employer. An employee who attends a conference or convention at the request of the Employer to represent the interests 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 conference or convention that the employee is required to attend. 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 the employee’s field of employment, may be granted leave with pay for this purpose and may, in addition, be reimbursed for his or her payment of registration fees and reasonable travel expenses. An employee shall not be entitled to any compensation under Article 28 (hours of work and overtime) in respect of hours the employee is in attendance at a conference or convention under the provisions of this clause. Compensation shall not be paid under Article 30 (travelling time) in respect of hours travelling to or from a conference or convention under the provisions of this clause, unless the employee is required to attend by the Employer. 23.03 Professional development Because the parties to this agreement share a desire to improve professional standards, employees may be given the opportunity on occasion subject to operational and budgetary constraints: to participate in seminars, workshops, courses or similar out-service programs to keep up to date with knowledge and skills in their respective fields, to conduct research or to perform work related to their normal research programs in institutions or locations other than those of the Employer, to carry out research in the employee’s field of specialization not specifically related to the employee’s assigned work projects when in the opinion of the Employer such research is needed to enable the employee to fill his or her present role more adequately,

or ** to participate in language workshops or courses to improve and/or attain their language competencies. 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. 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. An employee selected for professional development under this clause will continue to receive his or her normal compensation including any increase for which the employee may become eligible. The employee shall not be entitled to any compensation under Articles 28 (hours of work and overtime) and Article 30 (travelling time) while on professional development under this clause. 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. The Employer will ensure the availability for office use of such professional publications as are related to the employees’ fields of specialization. 23.04 Consultation The parties to this agreement acknowledge the mutual benefits to be derived from consultation on career development, and agree to consult on this issue at the departmental and local Union level, subject to the provisions of Article 38 (joint consultation) 23.05 Examination leave Leave with pay to write examinations may be granted by the Employer to an employee who is not on educational 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 the employee’s qualifications.

Top of page **Article 24: vacation leave with pay 24.01 The vacation year shall be from April 1 to March 31 of the following calendar year, inclusive. Accumulation of vacation leave credits 24.02 An employee shall earn vacation leave credits at the following rate for each calendar month during which the employee receives pay for at least seventy-five (75) hours: nine decimal three seven five (9.375) hours at the employee’s straight-time hourly rate until the month in which the anniversary of the employee’s eighth (8th) year of service occurs; (fifteen (15) days per year); twelve decimal five (12.5) hours at the employee’s straight-time hourly rate commencing with the month in which the anniversary of the employee’s eighth (8th) year of service occurs; (twenty (20) days per year); thirteen decimal seven five (13.75) hours at the employee’s straight-time hourly rate commencing with the month in which the anniversary of the employee’s sixteenth (16th) year of service occurs; (twenty-two (22) days per year); fourteen decimal three seven five (14.375) hours at the employee’s straight-time hourly rate commencing with the month in which the anniversary of the employee’s seventeenth (17th) year of service occurs; (twenty-three (23) days per year); fifteen decimal six two five (15.625) hours at the employee’s straight-time hourly rate commencing with the month in which the anniversary of the employee’s eighteenth (18th) year of service occurs; (twenty-five (25) days per year); sixteen decimal eight seven five (16.875) hours at the employee’s straight-time hourly rate commencing with the month in which the anniversary of the employee’s twenty-seventh (27th) year of service occurs; (twenty-seven (27) days per year); eighteen decimal seven five (18.75) hours at the employee’s straight-time hourly rate commencing with the month in which the anniversary of the employee’s twenty-eighth (28th) year of service occurs; (thirty (30) days per year); leave will be scheduled on an hourly basis with the hours debited for each day of vacation leave being the same as the hours the employee would have been scheduled to work on that day or portion thereof; ** for the purpose of clause 24.02 only, all service within the public service and service in the Library of Parliament or the Office of the Parliamentary Budget Officer; whether continuous or discontinuous, shall count toward vacation leave; Notwithstanding (i) above, an employee who was a member of the SI bargaining unit on (the date of signing of the collective agreement: May 17 or 18 or 19, 1989 ) or an employee who became a member of the SI bargaining unit between (the date of signing of the collective agreement: May 17 or 18 or 19, 1989 ) and May 31, 1990 , shall retain, for the purpose of “service” and of establishing his or her vacation entitlement pursuant to this article, those periods of former service which had previously qualified for counting as continuous employment, until such time as his or her employment in the public service is terminated; For the purpose of paragraph 24.02(i) only, effective April 1, 2012 , on a go-forward basis, any former 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 leave credits. Entitlement to vacation leave with pay ** 24.03 An employee is entitled to vacation leave with pay to the extent of the employee’s earned credits. An employee who has completed six (6) months of continuous service may receive an advance of credits equivalent to the anticipated credits for the vacation year. Scheduling of vacation leave with pay 24.04 The Employer reserves the right to schedule an employee’s accumulated earned but unused vacation leave credits but shall make a reasonable effort: to grant an employee’s vacation leave in an amount and at such time as the employee may request; to ensure that approval of an employee’s request for vacation leave is not unreasonably denied; to schedule vacation leave on an equitable basis and when there is no conflict with the interests of the Employer or the other employees, according to the wishes of the employee. 24.05 The Employer shall give an employee as much notice as is practicable and reasonable of approval, denial or cancellation of a request for vacation leave. 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. 24.06 Where in respect of any period of vacation leave, an employee is granted: bereavement leave with pay,

or leave with pay because of illness in the immediate family,

or is granted sick leave on production of a medical certificate, 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. Carry-over of vacation leave 24.07 Employees with leave credits in excess of two hundred and sixty-two decimal five (262.5) hours either on March 31, 2000 , or upon becoming a member of the bargaining unit. An employee who as of March 31, 2000 , had accumulated annual leave in excess of two hundred and sixty-two decimal five (262.5) hours, shall liquidate the excess annual leave at a rate of twenty per cent (20%) in each subsequent vacation year, until all leave in excess of two hundred and sixty-two decimal five (262.5) hours has been eliminated. In the case of an individual who became or becomes a member of the bargaining unit after March 31, 2000 , and who has, at the end of the vacation year during which he or she became a member, accumulated annual leave in excess of two hundred and sixty-two decimal five (262.5) hours, he or she shall liquidate the excess annual leave at a rate of twenty per cent (20%) in each subsequent vacation year, until all leave in excess of two hundred and sixty-two decimal five (262.5) hours has been eliminated. In calculating the amount to be liquidated under subparagraphs (i) or (ii), should the calculation result in a fraction of an hour, that number shall be rounded to the nearest half hour. An employee subject to subparagraphs (i) or (ii) who has not, at the end of the vacation year, used the excess annual vacation leave required to be liquidated shall be paid at the employee’s daily rate of pay as calculated from the classification prescribed in the employee’s certificate of appointment of the employee’s substantive position on the last day of the vacation year, for that portion of the twenty per cent (20%) of excess annual leave which was not used. An employee liquidating leave under subparagraphs (i) or (ii), shall use before the end of the vacation year, all vacation leave earned within a vacation year, or it will be paid at the employee’s daily rate of pay as calculated from the classification prescribed in the employee’s certificate of appointment of the employee’s substantive position on the last day of the vacation year. An employee liquidating leave under subparagraphs (i) or (ii) shall carry over into the following vacation year earned but unused vacation leave credits up to a maximum of two hundred and sixty-two decimal five (262.5) hours plus the portion of excess annual leave that was not required to be liquidated under subparagraphs (i) or (ii). Employees with leave credits not in excess of two hundred and sixty-two decimal five (262.5) hours either on March 31, 2000 , or upon becoming a member of the bargaining unit. An employee who has earned vacation leave credits which have not been used, shall carry over into the following vacation year earned but unused vacation leave credits up to a maximum of two hundred and sixty-two decimal five (262.5) hours. All vacation leave credits in excess of two hundred and sixty-two decimal five (262.5) hours shall be paid at the employee’s daily rate of pay as calculated from the classification prescribed in the employee’s certificate of appointment of the employee’s substantive position on the last day of the vacation year. Notwithstanding the maximum allowable carry-over specified under subparagraph 24.07(a)(vi) or paragraph 24.07(b), where the Employer cancels a period of vacation leave which had been approved in writing or electronically, and which cannot be scheduled before the end of the vacation year, the cancelled leave may, at the request of the employee, be carried over and used in the next vacation year. Payment of leave credits during the vacation year During any vacation year, upon application by the employee and at the discretion of the Employer, earned but unused vacation leave credits shall be paid at the employee’s daily rate of pay as calculated from the classification prescribed in the employee’s certificate of appointment of the employee’s substantive position on March 31, of the previous vacation year. Recall from vacation leave with pay 24.08 The Employer will make every reasonable effort not to recall an employee to duty after the employee has proceeded on vacation leave with pay. Where, during any period of vacation leave with pay, an employee is recalled to duty, the employee shall be reimbursed for reasonable expenses, as normally defined by the Employer, that the employee incurs: in proceeding to the employee’s place of duty,

and in returning to the place from which the employee was recalled if the employee immediately resumes vacation upon completing the assignment for which the employee was recalled, after submitting such accounts as are normally required by the Employer. The employee shall not be considered as being on vacation leave during any period in respect of which the employee is entitled under paragraph 24.08(b) to be reimbursed for reasonable expenses incurred by the employee. Leave when employment terminates 24.09 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 hours of earned but unused vacation leave with pay to the employee’s credit by the hourly rate of pay as calculated from the classification prescribed in the employee’s certificate of appointment of the substantive position on the date of the termination of the employee’s employment, except that the Employer shall grant the employee any vacation leave earned but not used by the employee before the employment is terminated by layoff if the employee so requests because of a requirement to meet minimum continuous employment requirements for severance pay. Upon request of the employee, the Employer shall grant the employee any 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 layoff. 24.10 Notwithstanding clause 24.09, an employee whose employment is terminated by reason of a declaration that the employee abandoned his or her position is entitled to receive the payment referred to in clause 24.09, if the employee requests it within six (6) months following the date upon which his or her employment is terminated. Advance payments 24.11 The Employer agrees to issue advance payments of estimated net salary for vacation periods of two (2) or more complete weeks, provided a written request for such advance payment is received from the employee at least six (6) weeks prior to the last pay day before the employee’s vacation period commences. 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 entitlements and shall be recovered in full prior to any further payment of salary. Cancellation of vacation leave 24.12 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 to the Employer. 24.13 Upon request of the employee, the Employer shall grant the employee his or her 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 layoff. Appointment to a separate employer 24.14 Notwithstanding clause 24.09 an employee who resigns to accept an appointment with an organization listed 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. Appointment from a separate employer 24.15 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 listed in Schedule V of the Financial Administration Act in order to take a position with the Employer if the employee has chosen to have these credits transferred, provided that the transferring organization is in agreement. 24.16 The employee 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 paragraph 24.02(j). The vacation leave credits provided in paragraph 24.16(a) above shall be excluded from the application of clause 24.07 dealing with the carry-over of vacation leave.

Top of page Article 25: severance pay 25.01 Under the following circumstances and subject to clause 25.02, an employee shall receive severance benefits calculated on the basis of the employee’s weekly rate of pay: Layoff On the first layoff for the first 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 