Compensation plan for Financial Administration (FI) group and Personnel Administration (PE) group

Part I - General provisions

B.5.3.1 Introduction

B.5.3.1.1

This compensation plan promulgates terms and conditions of employment for employees in the Financial Administration Group and the Personnel Administration Group.  Such employees are described in detail under "Application".

B.5.3.1.2

In this document, words importing the masculine gender shall include the feminine gender.

B.5.3.2 Authority

B.5.3.2.1

This plan is authorized by the President, NRC.

B.5.3.3 Application

This plan applies to employees of NRC whose duties and responsibilities on a regular or on an acting basis are classified in the Financial Administration Group and the Personnel Administration Group.  Certain exceptions to the terms and conditions contained in this plan exist for employees at the FI-4, PE-6 and PE-7 levels.  Those exceptions are provided in Appendix 5.3B-A.  This plan applies to:

  1. employees appointed for a term of three (3) months or more who are performing duties normally performed by an employee subject to this plan;
  2. employees subject to this plan who, during the qualifying period for acting pay, are performing, on an acting basis, duties classified in a group and level not subject to this plan;
  3. employees not subject to this plan who are performing, on an acting basis, from the date on which the qualifying period of acting pay ends, duties normally performed by an employee subject to this plan.

B.5.3.3.2

This plan does not apply to a person not ordinarily required to work more than one-third (1/3) of the normal period for persons doing similar work.

B.5.3.4 Definitions

B.5.3.4.1

For the purpose of this compensation plan:

  • "continuous employment" has the same meaning as defined in the Human Resources Manual (HRM);
  • "compensatory leave" means leave with pay in lieu of payment.  Such leave with pay will be computed and credited to the employee at the same premium rate as if the overtime had been paid;
  • "Council" and the "National Research Council Canada" have the same meaning and mean the body Corporate known as the National Research Council Canada (NRC);
  • "daily rate of pay" means the weekly rate of pay divided by five (5);
  • "day of rest" means a day on which an employee, employed on a full-time basis, ordinarily is not required to perform duties other than by reason of being on leave of absence or on a designated paid holiday;
  • "double time" means two (2) times the straight-time rate;
  • "hourly rate of pay" means the employee's weekly rate of pay divided by the employee's normal weekly hours of work;
  • "leave of absence" means permission to be absent from duty;
  • "overtime" means authorized work performed in excess of the standard hours of work of a full-time employee and does not include time worked on a holiday;
  • "performance award" means a financial award payable to an employee based on the achievement of ongoing and/or key commitments, which may take the form of an in-range increase and/or lump sum payment;
  • "President" means the President of NRC as defined in the National Research Council Act;
  • "PSSA public service" means the public service as defined by the Public Service Superannuation Act;
  • "PSLRA" means the Public Service Labour Relations Act;
  • "second or subsequent day of rest" means the second or subsequent day in an unbroken series of consecutive and contiguous calendar days of rest;
  • "sick leave" means permission to be absent from duty on account of illness or injury;
  • "straight-time rate" means the hourly rate of pay;
  • "time and one-half" means one and one-half (1½) times the straight-time rate;
  • "weekly rate of pay" means the annual rate of pay divided by fifty-two decimal one seventy-six (52.176).

B.5.3.4.2

Except as otherwise provided in this compensation plan, the words used in this plan:

  1. if defined in the Public Service Labour Relations Act (PSLRA), have the meaning given to them in the PSLRA; and
  2. if defined in the Interpretation Act, but not defined in the PSLRA, have the meaning given to them in the Interpretation Act.

Part II - Working conditions

B.5.3.5 Hours of work

B.5.3.5.1

The scheduled work week shall be thirty-seven and one-half (37 1/2) hours from Monday to Friday inclusive, and the scheduled work day shall be seven and one-half (7 1/2) consecutive hours, exclusive of a lunch period, between the hours of 07:00 hours and 18:00 hours daily with Saturdays and Sundays as days of rest.

B.5.3.5.2

An employee's scheduled hours of work shall not be construed as guaranteeing the employee minimum or maximum hours of work.

B.5.3.5.3

Employees will register their attendance in a manner determined by the Council.

B.5.3.5.4

Subject to operational requirements, the Council will provide a paid rest period of fifteen (15) minutes during both the first and second half of the employee's normal working day.

B.5.3.6 Overtime

B.5.3.6.1

In this article, "overtime" means authorized work performed by an employee in excess of his daily scheduled hours of work.

B.5.3.6.2

Subject to its operational requirements, the Council shall make every reasonable effort:

B.5.3.6.2.1

to allocate overtime work on an equitable basis among the readily available qualified employees,

and

B.5.3.6.2.2

except in cases of emergency, to give employees who are required to work overtime as much advance notice as possible of this requirement, preferably not less than six (6) hours' advance notice.

B.5.3.6.3

A supervisor may, at his discretion, excuse an employee from overtime work.

B.5.3.6.4

An employee who is required to work overtime on a normally scheduled working day shall receive overtime compensation as follows:

B.5.3.6.4.1

time and one-half for each hour of overtime worked in excess of the seven and one-half (7 ½) hours that constitute the employee's normal work day.

B.5.3.6.4.2

double time for each hour of overtime which the employee works in excess of seven and one-half (7 ½) hours of overtime.

B.5.3.6.5

An employee who is required to work on his day of rest is entitled to overtime compensation as follows:

B.5.3.6.5.1

on the first day of rest at the rate of time and one-half for each of the first seven and one-half (7 1/2) hours of overtime worked by him, and double time for each hour of overtime worked by him thereafter, except that;

B.5.3.6.5.2

on the second and subsequent days of rest - at the double time rate for each hour worked,

provided that the days of rest are in an unbroken series of consecutive calendar days and without the requirement of having worked on his first day of rest.

B.5.3.6.6

Notwithstanding sub-clause B.5.3.6.5.2, where at the request of an employee and with the consent of the Council, work to be performed on a first day of rest is scheduled to be performed on a second or subsequent day of rest, overtime compensation will be paid in accordance with sub-clause B.5.3.6.5.1.  This sub-article would not apply where the employee is given a choice to complete the work on a first or second day of rest.

B.5.3.6.7

When an employee is required by the Council to report for work and reports on a day of rest, he shall be paid the greater of:

B.5.3.6.7.1

compensation at the applicable overtime rate,

or

B.5.3.6.7.2

compensation equivalent to three (3) hours' pay at the applicable overtime rate for each reporting to a maximum of eight (8) hours' compensation, at the straight-time rate, in an eight (8) hour period.

B.5.3.6.8

When an employee is required by the Council to report for work on a day of rest but who is able to complete the required work from his place of residence without having to report to his place of work, he shall be paid the greater of:

B.5.3.6.8.1

compensation at the applicable overtime rate,

or

B.5.3.6.8.2

compensation equivalent to two (2) hours' pay at the applicable overtime rate for each reporting to a maximum of eight (8) hours' compensation, at the straight-time rate, in an eight (8) hour period.

B.5.3.6.9

If an employee reports for work after being given instructions before the termination of his work shift, or at any earlier time of day, to work overtime on a regularly scheduled working day or shift for a period which is not contiguous to his scheduled working day or shift, the employee shall be paid the greater of:

B.5.3.6.9.1

compensation at the applicable overtime rate for the time actually worked,

or

B.5.3.6.9.2

compensation equivalent to two (2) hours' pay at the straight-time rate.

B.5.3.6.10

When an employee is required to report for work and reports under the conditions described in clause B.5.3.6.5 and B.5.3.6.9, and is required to use transportation services other than normal public transportation services, he shall be reimbursed for reasonable expenses incurred as follows:

B.5.3.6.10.1

allowance at the kilometric rate normally paid to an employee when authorized by the Council to use his automobile when the employee travels by means of his own automobile,

or

B.5.3.6.10.2

out-of-pocket expenses for other means of commercial transportation.

Time spent by an employee reporting to work or returning to his residence shall not constitute time worked.

B.5.3.6.11

Overtime credits earned will be recorded on the basis of each completed fifteen (15) minute period.

B.5.3.6.12

Overtime shall be compensated, except where an employee requests equivalent leave with pay and such request is approved.

B.5.3.6.13

Consistent with operational requirements and subject to adequate advance notice by the employee, the Council shall grant compensatory leave at times which are mutually acceptable to the employee and to the Council.

B.5.3.6.14

Compensation for overtime will be issued where practicable in the pay period following that in which the overtime was worked.

B.5.3.6.15

Compensatory leave credits earned in a fiscal year and outstanding on September 30 of the following fiscal year, will be liquidated by means of payment to the employee on the basis of one (1) hour's pay at straight-time rate for each hour of compensatory leave credit so liquidated.

B.5.3.6.16

Compensatory leave credits liquidated under clause B.5.3.6.20, B.5.3.6.21 and B.5.3.6.22 shall be liquidated in accordance with the provisions of B.5.3.6.15.

B.5.3.6.17

An employee who works three (3) or more hours of overtime immediately before or immediately following his normal hours of work shall be reimbursed his expenses for one meal in the amount of ten dollars and fifty cents ($10.50), except where free meals are provided.  Reasonable time with pay, to be determined by the Council, shall be allowed the employee in order that he may take a meal break either at or adjacent to his place of work.

B.5.3.6.18

An employee who works overtime continuously extending four (4) hours or more beyond the period provided in 6.17 above, shall be reimbursed for one additional meal in the amount of ten dollars and fifty cents ($10.50), except where free meals are provided.  Reasonable time with pay, to be determined by the Council, shall be allowed the employee in order that he may take a meal break either at or adjacent to his place of work.

B.5.3.6.19

An employee shall not be eligible to earn overtime credits unless he is requested in advance by an authorized officer of the Council to work overtime, or to perform work on a day of rest. It shall be the Council's responsibility to determine the amount of overtime to be worked. In addition, it shall be the Council's responsibility to determine when overtime work shall be performed and to determine when work shall be performed on a day of rest.

B.5.3.6.20

An employee whose employment is terminated by reason of abandonment of position is entitled to receive the payment for overtime earned but for which he has not received payment if he so requests it in writing within six (6) months following the date upon which his employment is terminated by a declaration by the Council.

B.5.3.6.21

An employee whose services with the Council terminate for any reason, except as provided in clause B.5.3.6.20, shall be entitled to receive compensation for overtime earned but for which he has not received payment.

B.5.3.6.22

If an employee dies, overtime credits earned but not liquidated by compensatory leave or payment before death shall be paid to his estate.

B.5.3.6.23

For the purpose of avoiding the pyramiding of overtime, there shall be no duplication of overtime payments for the same hours worked.

B.5.3.6.24

Overtime Compensation shall not be paid to an employee attending courses, training sessions, conferences and seminars, unless such overtime compensation has been authorized by the Council in advance of the course, training session, conference or seminar.

B.5.3.7 Standby

B.5.3.7.1

Where the Council requires an employee to be available on standby during off-duty hours, that employee shall be entitled to a standby payment of one-half (1/2) hours' pay for each four (4) hours or portion thereof of standby.

B.5.3.7.2

An employee designated for standby duty shall be available during the period of standby at a known telephone number and be available to return for duty as quickly as possible if called.  In designating employees for standby the Council will endeavour to provide for the equitable distribution of standby duties.

B.5.3.7.3

No standby payment shall be granted if an employee is unable to report for duty when required.

B.5.3.7.4

An employee on standby who is called in to work by the Council and who reports for work shall be paid, in addition to the standby pay, the greater of:

B.5.3.7.4.1

compensation at the applicable overtime rate,

or

B.5.3.7.4.2

compensation equivalent to three (3) hours' pay at the applicable overtime rate for each reporting to a maximum of eight (8) hours' compensation, at the straight-time rate, in an eight (8) hour period.

B.5.3.7.5

When an employee on standby reports for work under the conditions described in clause B.5.3.7.4 and is required to use transportation services other than normal public transportation services, the employee shall be reimbursed for reasonable expenses incurred as follows:

B.5.3.7.5.1

an allowance at the kilometric rate normally paid to an employee when authorized by the Council to use his/her automobile when the employee travels by automobile,

or

B.5.3.7.5.2

out-of-pocket expense for other means of commercial transportation.

B.5.3.8 Call-back

B.5.3.8.1

When an employee is called back by the Council to perform work that has not been scheduled in advance, he is entitled to the greater of:

B.5.3.8.1.1

compensation at the applicable overtime rate,

or

B.5.3.8.1.2

compensation equivalent to three (3) hours' pay at the applicable overtime rate for each reporting to a maximum of eight (8) hours' compensation, at the straight-time rate, in an eight (8) hour period,

B.5.3.8.1.3

provided that the period of time worked by the employee is not contiguous to his scheduled working hours.

B.5.3.8.2

When an employee is called back by the Council to perform work that has not been scheduled in advance but who is able to complete the required work from his place of residence without having to report to his place of work, he shall be paid the greater of:

B.5.3.8.2.1

compensation at the applicable overtime rate,

or

B.5.3.8.2.2

compensation equivalent to two (2) hours' pay at the applicable overtime rate for each reporting to a maximum of eight (8) hours' compensation, at the straight-time rate, in an eight (8) hour period.

B.5.3.8.3

Call-back pay is not to be construed as different from or additional to overtime compensation or compensation for work on a designated holiday, but shall be construed so as to establish a minimum of overtime compensation to be paid.

B.5.3.8.4

When an employee is called back to perform work under the conditions described in clause B.5.3.8.1, and is required to use transportation services other than normal public transportation services, he shall be reimbursed for reasonable expenses incurred as follows:

B.5.3.8.4.1

an allowance at the rate kilometric normally paid to an employee when authorized by the Council to use his automobile when the employee travels by means of his own automobile,
or

B.5.3.8.4.2

out-of-pocket expenses for other means of commercial transportation.

B.5.3.8.5

Time spent by an employee reporting to work or returning to his residence shall not constitute time worked.

B.5.3.9 Designated holidays

B.5.3.9.1

Subject to clause B.5.3.9.2, the following days shall be designated as holidays with pay for employees:

  1. New Year's Day,
  2. Good Friday,
  3. Easter Monday,
  4. the day fixed by proclamation of the Governor in Council for celebration of the Sovereign's Birthday,,
  5. Canada Day,
  6. Labour Day,
  7. the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,
  8. Remembrance Day,
  9. Christmas Day,
  10. Boxing Day,
  11. one additional day in each year that, in the opinion of the Council, is recognized to be a provincial or civic holiday in the area in which the employee is employed or in any area where, in the opinion of the Council no such day is recognized as a provincial or civic holiday, the first Monday in August, and
  12. one additional day when proclaimed by an act of Parliament as a National Holiday.

B.5.3.9.2

An employee who is absent without pay on both his full working day immediately preceding and on his full working day immediately following a designated holiday is not entitled to pay for the holiday.

B.5.3.9.3 Holiday Falling on a Day of Rest

B.5.3.9.4

When a day, except Boxing Day, designated as a holiday under clause B.5.3.9.1 coincides with an employee's day of rest, the holiday shall be moved to the employee's first normal working day following his day of rest. Boxing Day shall be observed on the first normal working day immediately following the calendar day on which Christmas Day is granted as a designated holiday.

B.5.3.9.5

When a day designated as a holiday for an employee is moved to another day under the provisions of clause B.5.3.9.3:

B.5.3.9.5.1

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

B.5.3.9.5.2

work performed by an employee on the day to which the holiday was moved, shall be considered as work performed on a holiday.

B.5.3.9.6 Remuneration for Work on a Designated Holiday

B.5.3.9.7

Where an employee is required by the Council to work on a holiday he shall be paid, in addition to the pay he would have been granted had he not worked on the holiday,

B.5.3.9.7.1

time and one-half (1 ½) for all hours worked to a maximum of his normal daily scheduled hours of work; and

B.5.3.9.7.2

double (2) time for all hours worked in excess of his normal daily scheduled hours of work

or

B.5.3.9.7.3

upon request and with the approval of the Council an employee shall be granted a day of leave with pay at a later date in lieu of the designated holiday and pay at time and one-half (1 ½) and double (2) time as the case may be, for all hours worked, in accordance with the provisions of clause B.5.3.9.7.

B.5.3.9.8

The day of leave with pay at a later date earned under clause B.5.3.9.7.3 is in lieu of the pay the employee would have been granted had he not worked on the designated holiday.

B.5.3.9.9

The Council shall grant leave earned under the provisions of clause B.5.3.9.7.3 at times which are mutually acceptable to the employee and to the Council.

B.5.3.9.10

If any lieu days cannot be liquidated by the end of each fiscal year, they will be paid off at the employee's daily rate of pay.

B.5.3.9.11

Work performed by an employee on a designated holiday shall not be construed as overtime.

B.5.3.9.12

When a day that is a designated holiday for an employee falls within a period of leave with pay, the holiday shall not count as a day of leave.

B.5.3.9.13

An employee shall be compensated for work on a designated holiday only when he is required in advance by an authorized officer of the Council to perform work on a designated holiday; it shall be the Council's responsibility to determine the amount of work to be performed and when the work is to be done.

B.5.3.9.14

When an employee is required by the Council to report for work and reports on a designated paid holiday, he shall be paid the greater of:

B.5.3.9.14.1

compensation at the applicable rate for work on a designated holiday,

or

B.5.3.9.14.2

compensation equivalent to three (3) hours' pay at the applicable overtime rate for each reporting to a maximum of eight (8) hours' compensation, at the straight-time rate, in an eight (8) hour period.

B.5.3.9.15

When an employee is required by the Council to report for work on a designated paid holiday but who is able to complete the required work from his place of residence without having to report to his place of work, he shall be paid the greater of:

B.5.3.9.15.1

compensation at the applicable rate for work on a designated holiday,

or

B.5.3.9.15.2

compensation equivalent to two (2) hours' pay at the applicable overtime rate for each reporting to a maximum of eight (8) hours' compensation, at the straight-time rate, in an eight (8) hour period.

B.5.3.9.16

When an employee is required to report for work and reports on a designated paid holiday and is required to use transportation services other than normal public transportation services, the employee shall be reimbursed for reasonable expenses incurred as follows:

B.5.3.9.16.1

an allowance at the kilometric rate normally paid to an employee when authorized by the Employer to use his automobile when the employee travels by means of his own automobile

or

B.5.3.9.16.2

out-of-pocket expenses for other means of commercial transportation.

B.5.3.9.17

Time spent by an employee reporting to work or returning to his residence shall not constitute time worked.

B.5.3.10 Travelling time

B.5.3.10.1

Where an employee is required by the Council to travel on Council business to or from his headquarters area as normally defined by the Council, his method of travel shall be determined by the Council and he shall be compensated in the following manner:

B.5.3.10.2

On a normal working day on which the employee travels but does not work, the employee shall receive his regular pay for the day.

B.5.3.10.3

On a normal working day on which the employee travels and works, the employee shall be paid:

B.5.3.10.3.1

his regular pay for the day for a combined period of travel and work not exceeding seven and one-half (7 1/2) hours, and

B.5.3.10.3.2

at the applicable overtime rate for additional travel time in excess of a seven and one-half (7 1/2) hour period of work and travel, with a maximum payment for such additional travel time not to exceed twelve (12) hours' pay at the straight-time rate.

B.5.3.10.4

On his day of rest or on a designated paid holiday on which the employee travels, the employee shall be paid at the applicable overtime rate for hours traveled to a maximum of twelve (12) hours' pay at the straight-time rate.

B.5.3.10.5

Clause B.5.3.10.1 shall not apply to any period in excess of the normal work day during which the employee is resident in any accommodation for which the Council or its agent absorbs the cost. However, travelling time shall include time necessarily spent at each stop-over up to a maximum of five (5) hours at each such stop-over.

B.5.3.10.6

An employee may, subject to the approval of the Council, make an irrevocable election to receive leave with pay in lieu of the compensation provided under sub-clauses B 5.3.10.3.2 and B 5.3.10.4.

B.5.3.10.7

Consistent with operational requirements and subject to adequate advance notice by the employee, the Council shall grant compensatory leave at times which are mutually acceptable to the employee and the Council.

B.5.3.10.8

Compensatory leave credits earned in a fiscal year but not granted by 30 September of the following fiscal year will be liquidated by means of payment to the employee on the basis of one (1) hour's pay at the straight-time rate for each hour of compensatory leave so liquidated.

B.5.3.10.9

Clause B.5.3.10.1 does not apply to an employee travelling by means of any type of transport in which he is required by the Council to perform work. In such circumstances, the employee shall receive the greater of:

B.5.3.10.9.1

on a normal working day, his regular pay for the day,

or

B.5.3.10.9.2

pay for actual hours worked in accordance with the Designated Holidays, Hours of Work and Overtime articles of this compensation plan.

B.5.3.10.10

Where an employee is required by an authorized officer of the Council to travel on his days of rest or on a designated holiday to attend a course, conference or seminar, the provisions of clause B.5.3.10.1 shall apply.

B.5.3.10.11

Where an employee is permitted, but not required, by an authorized officer of the Council to attend a course, conference or seminar, the provisions of clause B.5.3.10.1 shall not apply, and no compensation shall be payable to the employee for time he travels outside his normal hours of work.

Part III - Leave provisions

B.5.3.11 Vacation leave

B.5.3.11.1 Accumulation of Vacation Leave Credits

B.5.3.11.2

An employee shall earn in respect of each fiscal year, annual vacation leave with pay at the following rates for each calendar month in which the employee receives pay for at least seventy-five (75) hours:

B.5.3.11.2.1

Clauses B.5.3.11.2.2 and B.5.3.11.2.3 apply to PE employees only.

B.5.3.11.2.2

nine decimal three seven five (9.375) hours until the month in which the anniversary of the employee's eighth (8th) year of service occurs;

B.5.3.11.2.3

twelve decimal five  (12.5) hours commencing with the month in which the employee's eighth (8th) anniversary of service occurs;

B.5.3.11.2.4

Clauses B.5.3.11.2.5 and B.5.3.11.2.6 apply to FI employees only commencing 7 November 2013.

B.5.3.11.2.5

nine decimal three seven five (9.375) hours until the month in which the anniversary of the employee's fifth (5th) year of service occurs;

B.5.3.11.2.6

twelve decimal five  (12.5) hours commencing with the month in which the employee's fifth (5th) anniversary of service occurs;

B.5.3.11.2.7

thirteen decimal seven five  (13.75) hours commencing with the month in which the employee's sixteenth (16th) anniversary of service occurs;

B.5.3.11.2.8

fourteen decimal three seven five (14.375) hours commencing with the month in which the employee's seventeenth (17th) anniversary of service occurs;

B.5.3.11.2.9

fifteen decimal six two five  (15.625) hours commencing with the month in which the employee's eighteenth (18th) anniversary of service occurs;

B.5.3.11.2.10

sixteen decimal eight seven five   (16.875) hours commencing with the month in which the employee's twenty-seventh (27th) anniversary of service occurs,

B.5.3.11.2.11

eighteen decimal seven five  (18.75) hours commencing with the month in which the employee's twenty-eight (28th) anniversary of service occurs.

B.5.3.11.3 Granting of Vacation Leave

B.5.3.11.4

Although vacation leave credits are earned as a matter of right, the scheduling and granting of such leave must be authorized in advance by the Council before such leave is taken. The scheduling and granting of vacation leave should be so arranged as to adequately meet the operational requirements of the Council and, subject to said operational requirements, an employee may:

B.5.3.11.4.1

during the first six (6) calendar months of employment be granted vacation leave up to the amount of earned credits;

B.5.3.11.4.2

after the first six (6) calendar months of employment be granted vacation leave in excess of the earned credits but only to the extent of credits that would accumulate to the end of the fiscal year concerned.  However, if an employee has used more vacation leave than he has earned and his services are terminated for a reason other than death, or lay-off with two (2) or more years of continuous service, the salary overpayment resulting from the use of unearned vacation leave shall be recovered from the employee by the Council.

The Council shall give an employee as much notice as practicable and reasonable of approval, disapproval or cancellation of a request for vacation leave.

B.5.3.11.5

An employee's vacation shall normally be taken in the fiscal year in which the employee becomes eligible to take it.  The Council shall, subject to operational requirements as determined by the Council, make every reasonable effort:

B.5.3.11.5.1

to schedule an employee's vacation leave at a time or times requested by the employee; and

B.5.3.11.5.2

after October 1st and after consultation with the employee, to assign the employee available vacation periods if the Council has been unable to schedule vacation during the periods preferred by the employee or if the employee has not filed with the Council the employee's preference by October 1st.

B.5.3.11.6

When in respect of any period of vacation leave, an employee:

B.5.3.11.6.1

is granted bereavement leave, or

B.5.3.11.6.2

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

B.5.3.11.6.3

is granted sick leave supported by a medical certificate,

the period of vacation leave so displaced shall either be added to the vacation period if so requested by the employee and approved by the Council or reinstated for use at a later date.

B.5.3.11.7 Carry-Over provisions and Liquidation of Vacation Leave

B.5.3.11.7.1

Where in any vacation year all of the vacation leave credited to an employee has not been scheduled, the unused portion of the vacation leave up to a maximum of two hundred and sixty-two point five (262.5) hours credit shall be carried over into the following vacation year. All vacation leave credits in excess of two hundred and sixty-two point five (262.5) hours will be paid at the employee's daily rate of pay as calculated from the classification of the employee's substantive position on March 31.

B.5.3.11.7.2

Notwithstanding the maximum allowable carryover specified in sub-clause B.5.3.11.7.1, where the Council cancels a period of vacation leave which has been previously approved in writing, and which cannot be rescheduled 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.

B.5.3.11.7.3

Notwithstanding sub-clause B.5.3.11.7.1, if on 9 June, 2008 or on the date an employee becomes subject to this Agreement after 9 June, 2008, an employee has more than two hundred sixty-two point five (262.5) hours of unused vacation leave credits, a minimum of seventy five (75) hours per year shall be granted or paid by March 31st of each year, commencing on March 31, 2009 until all vacation leave credits in excess of two hundred sixty-two point five (262.5) hours have been liquidated. Payment shall be in one instalment per year and shall be at the employee's daily rate of pay in his substantive position.

B.5.3.11.8

Upon application by the employee and at the discretion of the Council, earned but unused vacation leave credits in excess of one hundred and twelve point five (112.5) hours may be paid at the employee's daily rate of pay as calculated from the employee's substantive position.

B.5.3.11.9 Recall from Vacation Leave

B.5.3.11.10

When during any period of vacation leave an employee is recalled to duty, he shall be reimbursed for reasonable expenses, as normally defined by the Council, that he incurs:

B.5.3.11.10.1

in proceeding to his place of duty, and

B.5.3.11.10.2

in returning to the place from which the employee was recalled if he immediately resumes vacation upon completing the assignment for which he was recalled, after submitting such accounts and within such time limits as are normally required by the Council.

B.5.3.11.11

The employee shall not be considered as being on vacation leave for any period for which he is to be reimbursed (under clause B.5.3.11.12) for reasonable expenses incurred by the employee.

B.5.3.11.12 Leave When Employment Terminates

B.5.3.11.13

Except as provided in sub-clause B.5.3.11.15, when the employment of an employee is terminated for any reason, the employee or his estate shall, in lieu of earned but unused vacation leave be paid an amount equal to the product obtained by multiplying the number of days of earned but unused vacation leave by the daily rate of pay applicable to the employee immediately prior to the termination of his employment.

B.5.3.11.14

Where the employee requests, the Council shall grant the employee his unused vacation leave credits prior to termination of employment if this will enable the employee, for purposes of severance pay, to complete the first year of continuous employment in the case of lay-off and the tenth (10th) year of continuous employment in the case of resignation.

B.5.3.11.15

An employee whose employment is terminated by reason of abandonment of position is entitled to receive the payments referred to in sub-clause B.5.3.11.13 above if he so requests them in writing within six (6) months following the date upon which his employment is terminated by a declaration by the Council.

B.5.3.11.16 Advance Payment

B.5.3.11.17

The Council agrees to issue advance payments of estimated net salary for the period of vacation requested, provided six (6) weeks' notice is received from the employee prior to the last pay day before proceeding on leave. 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 and shall consist of an estimated two (2), three (3), four (4) or five (5) weeks' net entitlement subsequent to the last regular pay issue.

B.5.3.11.18

Any overpayment in respect of such advance shall be an immediate first charge against any subsequent pay entitlements and shall be recovered in full prior to any further payment of salary.

B.5.3.11.19 Continuous / Discontinuous Service

B.5.3.11.20

For the purposes of this article only, all service within the Public Service, as defined in the Public Service Labour  Relations Act, whether continuous or discontinuous, shall count toward vacation leave earnings except where a person who, on leaving the Public Service, takes or has taken severance pay, retiring leave or a cash gratuity in lieu of retiring leave.  However, the above exception shall not apply to an employee who receives severance pay on lay-off and is reappointed to the Public Service within one year following the date of lay-off.

B.5.3.11.21

An employee shall be credited with a one-time entitlement of thirty seven point five (37.5) hours of special vacation leave with pay on the first (1st) day of the month following the employee's second anniversary of service.

B.5.3.11.21.1

For the purpose of clause B.5.3.11.1 only, effective 1 April 2012 on a go forward basis, any former service in the Canadian Forces for a continuous period of six months or more, either as a member of the Regular Force or of the Reserve Force while on Class B or C service, shall be included in the calculation of vacation leave credits, once verifiable evidence of such service has been provided in a manner acceptable to the Council.

B.5.3.11.22 Transitional Provision

B.5.3.11.22.1

Effective 9 June 2008, employees with more than two (2) years of service, as defined in sub- clause B.5.3.11.20 , shall be credited a one-time entitlement of thirty-seven point five (37.5) hours of special vacation leave with pay.

B.5.3.12 Sick leave with pay

B.5.3.12.1 Credits

B.5.3.12.2

An employee shall earn sick leave credits at the rate of nine point three seven five (9.375) hours for each calendar month for which the employee receives pay for at least seventy-five (75) hours.

B.5.3.13 Granting of sick leave

B.5.3.13.1

An employee shall be granted sick leave with pay when he is unable to perform his duties because of illness or injury provided that:

B.5.3.13.1.1

he satisfies the Council of this condition in such manner and at such time as may be determined by the Council,

and

B.5.3.13.1.2

he has the necessary sick leave credits.

B.5.3.13.2

Unless otherwise informed by the Council, a statement signed by the employee stating that because of illness or injury he was unable to perform his duties, shall, when delivered to the Council, be considered as meeting the requirements of paragraph B.5.3.13.1.1.

B.5.3.13.3

When an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause B.5.3.13.1, sick leave with pay may, at the discretion of the Council, be granted to an employee for a period of up to one hundred and eighty-seven point five (187.5) hours, subject to the deduction of such advanced leave from any sick leave credits subsequently earned.

B.5.3.13.4

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.

B.5.3.13.5

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 Council or reinstated for use at a later date.

B.5.3.13.6

Sick leave credits earned but unused by an employee during a previous period of employment in the Council shall be restored to an employee whose employment was terminated by reason of layoff and who is reappointed in the Council within two (2) years from the date of layoff.

B.5.3.13.7

Sick leave credits earned but unused by an employee during a previous period of employment in the Council shall be restored to an employee whose employment was terminated by reason of end of term appointment and who is reappointed in the Council within one (1) year from the end of the period of term employment.

B.5.3.14 Other leave with or without pay – general

B.5.3.14.1

In respect of any requests for leave under this clause, the employee, when required by the Council, must provide satisfactory validation of the circumstances necessitating such requests, in such manner and at such time as may be determined by the Council.

B.5.3.15 Bereavement leave

B.5.3.15.1

For the purpose of this clause, "immediate family" is defined as father, mother, (or alternatively stepfather, stepmother, or foster parent), brother, sister, spouse, (including common-law spouse resident with the employee), child, (including child of common-law spouse), grandparent grandchild, stepchild, or ward of the employee, father-in-law, mother-in-law.  Any other relative permanently residing in the employee's household or with whom the employee permanently resides shall also be considered “immediate family”.

B.5.3.15.2

When a member of an employee's immediate family dies, an employee shall be entitled to a bereavement period of seven (7) consecutive calendar days which must include the day of the funeral or memorial commemorating the deceased. 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.

B.5.3.15.3

An employee is entitled to one (1) day's bereavement leave with pay for the purpose related to the death of his son-in-law, daughter-in-law, brother-in-law or sister-in-law.

B.5.3.15.4

If, during a period of sick leave, vacation leave or compensatory leave, an employee is bereaved in circumstances under which the employee would have been eligible for bereavement leave with pay under sub-clauses B.5.3.15.2, or B.5.3.15.3, the employee shall be granted bereavement leave with pay and the employee's sick leave, vacation leave or compensatory leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.

B.5.3.15.5

The Council recognizes that the circumstances which call for leave in respect of bereavement are based on individual circumstances; on request the Council may, after considering the particular circumstances involved, grant leave with pay for a period greater and/or in a different manner than that provided for in sub-clauses B.5.3.15.2 and B.5.3.15.3.

B.5.3.16 MEDICAL APPOINTMENTS FOR PREGNANT EMPLOYEES

B.5.3.16.1

Up to three point seven five (3.75) hours of reasonable time off with pay will be granted to pregnant employees for the purpose of attending routine medical appointments.

B.5.3.16.2

Where a series of continuing appointments are necessary for the treatment of a particular condition relating to the pregnancy, absences shall be charged to sick leave.

B.5.3.17 MATERNITY LEAVE WITHOUT PAY

B.5.3.17.1

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.

B.5.3.17.2

Notwithstanding sub-clause B.5.3.17.1 above:

B.5.3.17.2.1

where the employee's new-born child is hospitalized within the period defined in sub-clause B.5.3.17.1 above;

and

B.5.3.17.2.2

where the employee has proceeded on maternity leave without pay and then, upon request and with the concurrence of the Council, returns to work for all or part of the period during which her new-born child is hospitalized;

the period of maternity leave without pay defined in sub-clause B.5.3.17.1 above 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 returned to work, to a maximum of eighteen (18) weeks.

B.5.3.17.3

The extension described in sub-clause B.5.3.17.2 above shall end not later than fifty-two (52) weeks after the termination date of pregnancy.

B.5.3.17.4

At its discretion, the Council may require an employee to submit a medical certificate certifying pregnancy.

B.5.3.17.5

An employee who has not commenced maternity leave without pay may elect to:

B.5.3.17.5.1

use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates;

B.5.3.17.5.2

use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in the Sick Leave article.  For purposes of this clause, illness or injury as defined in the Sick Leave article shall include medical disability related to pregnancy.

B.5.3.17.6

An employee shall inform the Council 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.

B.5.3.17.7

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

B.5.3.18 MATERNITY ALLOWANCE

B.5.3.18.1

An employee who has been granted maternity leave without pay shall be paid a maternity allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraph B.5.3.18.3 to B.5.3.18.10, provided that she:

B.5.3.18.1.1

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

B.5.3.18.1.2

provides the Council with proof that she has applied for and is in receipt of pregnancy benefits under of the Employment Insurance Act or the Québec Parental Insurance Plan in respect of insurable employment with the Council,

and

B.5.3.18.1.3

has signed an agreement with the Council stating that:

  1. she will return to work on the expiry date of her maternity leave without pay, unless this date is modified with the Council's consent;
  2. following her return to work, as described in section (a), should she claim the full or only a portion of weeks of maternity allowance she is entitled to, she will work a number of hours paid at straight time calculated by multiplying the number of hours in the work week on which her maternity allowance was calculated by the number of weeks for which the allowance was paid;
  3. should she fail to return to work in accordance with section (a) with an Employer described in Schedules I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (b), or having become disabled as defined in the Public Service Superannuation Act, she will be indebted to the Council for the full amount of the maternity allowance she has received;
  4. should she return to work but fail to work the total number of hours as specified in section (b) with an Employer described in Schedules I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (b), or having become disabled as defined in the Public Service Superannuation Act, she will be indebted to the Council for an amount determined as follows:

    (allowance received) x (number of hours not worked following her return to work)
    [total number of hours to be worked as specified in (b)]

    however, an employee whose specified period of employment expired and who is rehired by an Employer described in Schedules I, IV and V of the Financial Administration Act within a period of ninety (90) days or less is not indebted for the amount if her new period of employment is sufficient to meet the obligations specified in section (b).

B.5.3.18.2

For the purpose of sub-clause B.5.3.18.1.3 (b) and (d) periods of leave with pay shall count as time worked.

B.5.3.18.2.1

Periods of leave without pay during the employee's return to work will not be counted as time worked but will extend the period referred to in sections B.5.3.18.1.3 (b) and (c).

B.5.3.18.3

Maternity allowance payments made in accordance with the SUB Plan will consist of the following:

B.5.3.18.3.1

where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance pregnancy benefits, ninety-three percent (93%) of her weekly rate of pay and the CFO Transitional Allowance, where applicable, for each week of the waiting period, less any other monies earned during this period,

and

B.5.3.18.3.2

for each week that the employee receives a pregnancy benefit pursuant to the Employment Insurance Act  or the Québec Parental Insurance Plan, the difference between the gross weekly amount of the Employment Insurance pregnancy benefit she is eligible to receive and ninety-three percent (93%) of her weekly rate of pay and the CFO Transitional Allowance, where applicable, less any other monies earned during this period which may result in a decrease in Employment Insurance benefits to which she would have been eligible if no extra monies had been earned during this period.

B.5.3.18.4

At the employee's request, the payment referred to in subparagraph B.5.3.18.3.1 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.

B.5.3.18.5

The maternity allowance to which an employee is entitled is limited to that provided in paragraph B.5.3.18.3 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.

B.5.3.18.6

The weekly rate of pay referred to in paragraph B.5.3.18.3 shall be:

B.5.3.18.6.1

for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity leave without pay,

B.5.3.18.6.2

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 B.5.3.18.6.1 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.

B.5.3.18.7

The weekly rate of pay referred to in paragraph B.5.3.18.6 shall be the rate to which the employee is entitled for her substantive level to which she is appointed.

B.5.3.18.8

Notwithstanding paragraph B.5.3.18.7, and subject to subparagraph B.5.3.18.6.2, 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.

B.5.3.18.9

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

B.5.3.18.10

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

B.5.3.19 Special maternity allowance for totally disabled employees

B.5.3.19.1

An employee who:

B.5.3.19.1.1

fails to satisfy the eligibility requirement specified in sub-clause B.5.3.18.1.2 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

B.5.3.19.1.2

has satisfied all of the other eligibility criteria specified in sub-clause B.5.3.18.1 except B.5.3.18.1.2 and B.5.3.18.1.3;

shall be paid, in respect of each week of maternity allowance not received for the reason described in sub-clause B.5.3.19.1.1, the difference between ninety-three percent (93%) of her weekly rate of pay and the gross amount of her weekly disability benefit under the DI Plan, LTD Plan or via the Government Employees Compensation Act.

B.5.3.19.2

An employee shall be paid an allowance under this clause and under clause 19 for a combined period of no more than the number of weeks during which she would have been eligible for pregnancy benefits pursuant to the EI Act and the Québec Parental Insurance Plan had she not been disqualified from EI or the Québec Parental Insurance Plan maternity benefits for the reasons described in sub-clause B.5.3.19.1.1 above.

B.5.3.20 Maternity-related reassignment or leave

B.5.3.20.1

An employee who is pregnant or nursing may, during the period from the beginning of pregnancy to the end of the twenty-fourth (24th) week following the birth, request the Council to modify her job functions or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of her current functions may pose a risk to her health or that of the foetus or child.

B.5.3.20.2

An employee's request under clause B.5.3.20.1 must be accompanied or followed as soon as possible by a medical certificate indicating the expected duration of the potential risk and the activities or conditions to avoid in order to eliminate the risk. Dependent upon the particular circumstances of the request, the Council may obtain an independent medical opinion.

B.5.3.20.3

An employee who has made a request under clause B.5.3.20.1 is entitled to continue in her current job while the Council examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to be immediately assigned alternative duties until such time as the Council:

B.5.3.20.3.1

modifies her job functions or reassigns her,

or

B.5.3.20.3.2

informs her in writing that it is not reasonably practicable to modify her job functions or reassign her.

B.5.3.20.4

Where reasonably practicable, the Council shall modify the employee's job functions or reassign her.

B.5.3.20.5

Where the Council concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the Council shall so inform the employee in writing and shall grant leave of absence without pay to the employee for the duration of the risk as indicated in the medical certificate.  However, such leave shall end no later than twenty-four (24) weeks after the birth.

B.5.3.20.6

An employee whose job functions have been modified, who has been reassigned or who is on leave of absence shall give at least two (2) weeks notice in writing to the Council of any change in duration of the risk or the inability as indicated in the medical certificate, unless there is a valid reason why that notice cannot be given. Such notice must be accompanied by a new medical certificate.

B.5.3.21 Parental leave without pay

B.5.3.21.1

An employee who becomes a parent through the birth of a child (including the new-born child of a common-law spouse) or the adoption of a child below the age of majority shall, upon request, be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period beginning on or after the date of the child's birth or the date of acceptance of custody of the child for adoption.

B.5.3.21.2

Notwithstanding paragraph B.5.3.21.1:

B.5.3.21.2.1

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

B.5.3.21.2.2

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,

B.5.3.21.2.3

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.

B.5.3.21.3

An employee who intends to request parental leave without pay shall notify the Council at least four (4) weeks in advance of the expected date of the birth of the employee's child (including the child of a common-law spouse), or the date the child is expected to come into the employee's care pursuant to paragraph B.5.3.21.1.

B.5.3.21.4

The Council may:

B.5.3.21.4.1

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

B.5.3.21.4.2

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

B.5.3.21.4.3

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

B.5.3.21.5

Parental leave without pay taken by a couple employed in the Public Service shall not exceed a total of thirty-seven (37) weeks, or thirty-seven (37) weeks where they are subject to a waiting period referred to in B.5.3.22.3.1, for both individuals combined.  For the purpose of this paragraph, Public Service means any portion of the Public Service of Canada specified in Schedules I, IV and V of the Financial Administration Act.

B.5.3.21.6

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.

B.5.3.22 Parental allowance

B.5.3.22.1

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 B.5.3.22.3 to B.5.3.22.9, providing he:

B.5.3.22.1.1

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

B.5.3.22.1.2

provides the Council with proof that he has applied for and is in receipt of parental benefits pursuant to the Employment Insurance Act or the Québec Parental Insurance Plan in respect of insurable employment with the Council,

and

B.5.3.22.1.3

has signed an agreement with the Council stating that:

  1. the employee will return to work on the expiry date of his parental leave without pay, unless this date is modified with the Council's consent;
  2. following his return to work, as described in section (a), should the employee claim the full or only a portion of weeks of parental allowance he is entitled to, the employee will work a number of hours paid at straight time calculated by multiplying the number of hours in the work week on which the parental allowance was calculated by the number of weeks for which the allowance was paid;
  3. should he fail to return to work in accordance with section (a) with an Employer described in Schedule I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (b), or having become disabled as defined in the Public Service Superannuation Act, he will be indebted to the Council for the full amount of the parental allowance he has received;
  4. should he return to work but fail to work the total number of hours as specified in section (b) with an Employer described in Schedule I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (b), or having become disabled as defined in the Public Service Superannuation Act, he will be indebted to the Council for an amount determined as follows:

    (allowance received) X (number of hours not worked following his/her return to work)
    [total number of hours to be worked as specified in (b)]

    however, an employee whose specified period of employment expired and who is rehired by an Employer described in Schedules I, IV and V of the Financial Administration Act within a period of ninety (90) days or less is not indebted for the amount if his new period of employment is sufficient to meet the obligations specified in section (b).

B.5.3.22.2

For the purpose of sections B.5.3.22.1.3 (b) and (d), 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 will extend the period referred to in section B.5.3.22.1.3 (b).

B.5.3.22.3

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

B.5.3.22.3.1

where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his weekly rate of pay and the CFO Transitional Allowance, where applicable, for each week  of the waiting period, less any other monies earned during this period;

B.5.3.22.3.2

for each week in respect of which the employee receives parental, adoption or paternity benefits pursuant to the Employment Insurance Act or the Québec Parental Insurance Plan, the difference between the gross weekly amount of the parental, adoption or paternity benefits he is eligible to receive and ninety-three per cent (93%) of his weekly rate of pay and the CFO Transitional Allowance, where applicable, less any other monies earned during this period;

B.5.3.22.3.3

where an employee has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefit under the Québec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to receive a further parental allowance for a period of two (2) weeks, ninety-three per cent (93%) of her weekly rate of pay and the CFO Transitional Allowance, where applicable, for each week, less any other monies earned during this period.

B.5.3.22.4

At the employee's request, the payment referred to in subparagraph B.5.3.22.3.1 will be estimated and advanced to the employee.  Adjustments will be made once the employee provides proof of receipt of EI parental benefits.

B.5.3.22.5

The parental allowance to which an employee is entitled is limited to that provided in paragraph B.5.3.22.3 and an employee will not be reimbursed for any amount that he is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act of Québec.

B.5.3.22.6

The weekly rate of pay referred to in paragraph B.5.3.23.3 shall be:

B.5.3.22.6.1

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;

B.5.3.22.6.2

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 B.5.3.22.6.1 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.

B.5.3.22.7

The weekly rate of pay referred to in paragraph B.5.3.22.6 shall be the rate and CFO Transitional Allowance, where applicable, to which the employee is entitled for the substantive level to which he is appointed.

B.5.3.22.8

Notwithstanding paragraph B.5.3.22.7, and subject to subparagraph B.5.3.22.6.2, 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 the employee was being paid on that day.

B.5.3.22.9

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

B.5.3.22.10

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

B.5.3.23 Special parental allowance for totally disabled employees

B.5.3.23.1

An employee who:

B.5.3.23.1.1

fails to satisfy the eligibility requirement specified in sub-clause B.5.3.23.1.2 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 EI or Québec Parental Insurance Plan benefits;

and

B.5.3.23.1.2

has satisfied all of the other eligibility criteria specified in sub-clause B.5.3.22.1 except sub-clauses B.5.3.22.1.2 and B.5.3.22.1.3

shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in sub-clause B.5.3.23.1.1, the difference between ninety-three per cent (93%) of the employee's rate of pay and the CFO Transitional Allowance, where applicable, and the gross amount of his weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.

B.5.3.23.2

An employee shall be paid an allowance under this clause and under clause 22 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 pursuant to the EI Act or the Quebec Parental Insurance Plan, had the employee not been disqualified from EI or Québec Parental Insurance Plan benefits for the reasons described in sub-clause B.5.3.23.1.2 above.

B.5.3.24 LEAVE WITHOUT PAY FOR THE CARE AND NURTURING OF PRE-SCHOOL AGE CHILDREN

B.5.3.24.1

An employee shall be granted leave without pay for the care and nurturing of the employee's pre-school age children (including children of common-law spouse) in accordance with the following conditions:

B.5.3.24.1.1

an employee shall notify the Council in writing four (4) weeks in advance of the commencement date of such leave, unless because of an urgent or unforeseeable circumstance such notice cannot be given;

B.5.3.24.1.2

leave granted under this sub-clause shall be for a minimum period of six (6) weeks;

B.5.3.24.1.3

the total leave granted under this sub-clause shall not exceed (5) years during an employee's total period of employment in the Public Service;

B.5.3.24.1.4

leave granted under this clause for a period of more than three (3) months shall be deducted for the calculation of "continuous employment" for the purposes of calculating severance pay and for the calculation of "service" for the calculation of vacation leave;

B.5.3.24.1.5

time spent on such leave shall not be counted for pay increment purposes.

B.5.3.25 LEAVE WITH PAY FOR FAMILY RELATED RESPONSIBILITIES

B.5.3.25.1

For the purpose of this clause, family is defined as spouse, (or common-law spouse resident with the employee), dependent children (including foster children or children of legal or common-law spouse), parents (including step-parents or foster parents).  Any relative permanently residing in the employee's household or with whom the employee permanently resides shall also be considered family.

B.5.3.25.2

The Council shall grant leave with pay under the following circumstances:

B.5.3.25.2.1

to take a family member for a medical or dental appointment, or for appointments with appropriate authorities in schools or adoption agencies. an employee is expected to make a reasonable effort to schedule medical or dental appointments for  family members to minimize or preclude his absence from work. An employee requesting leave under this provision must also notify his supervisor of the appointment as far in advance as possible.

B.5.3.25.2.2

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.

B.5.3.25.2.3

for needs directly related to the birth or to the adoption of the employee's child.

B.5.3.25.3

The total number of hours of leave with pay which may be granted under B.5.3.25.2.1 to B.5.3.25.4.3 shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year.

B.5.3.25.4

Seven decimal five (7.5) hours out of thirty-seven decimal five (37.5) hours stipulated in clause B.5.3.25.3 above may be used:

B.5.3.25.4.1

to attend school functions, if the supervisor was notified of the functions as far in advance as possible;

B.5.3.25.4.2

to provide for the employee's child in the case of an unforeseeable closure of the school or daycare facility;

B.5.3.25.4.3

to attend an appointment with a legal or paralegal representative for non-employment related matters, or with financial or other professional representative, if the supervisor was notified of the appointment as far in advance as possible.

B.5.3.26 LEAVE WITHOUT PAY FOR PERSONAL NEEDS

B.5.3.26.1

Leave without pay will be granted for personal needs, in the following manner:

B.5.3.26.1.1

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.

B.5.3.26.1.2

subject to operational requirements, leave without pay of more than three (3) months but not exceeding one (1) year will be granted to an employee for personal needs.

B.5.3.26.2

An employee is entitled to leave without pay for personal needs only once under each of B.5.3.26.1.1 and B.5.3.26.1.2 of this clause during his total period of employment in the Public Service.  Leave without pay granted under this clause may not be used in combination with maternity or parental leave without the consent of the Council.

B.5.3.26.3

Leave without pay granted under B.5.3.26.1.2 of this clause for a period of more than three (3) months shall be deducted from the calculation of "continuous employment" for the purpose of calculating severance pay and from the calculation of “service” for the calculation of vacation leave.  Time spent on such leave which is for a period of more than three (3) months shall not be counted for pay increment purposes.

B.5.3.27 Leave without pay for the long term care of a parent

B.5.3.27.1

At the discretion of the Council, an employee may be granted leave without pay for the long-term care of the employee's parents, including step-parents or foster parents, in accordance with the following conditions:

B.5.3.27.1.1

an employee shall notify the Council 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 an urgent or unforeseeable circumstance, such notice cannot be given;

B.5.3.27.1.2

leave granted under this clause shall be for a minimum period of three (3) weeks;

B.5.3.27.1.3

the total leave granted under this clause shall not exceed five (5) years during an employee's total period of employment with the National Research Council;

B.5.3.27.1.4

leave granted under this clause for a period of more than three (3) months shall be deducted from the calculation of “continuous employment” for the purposes of calculating severance pay and from the calculation of “service” for the purposes of calculating vacation leave;

B.5.3.27.1.5

time spent on such leave shall not be counted for pay increment purposes.

B.5.3.27.2

At the discretion of the Council, an employee who has proceeded on leave without pay under this clause, may change his return to work date.

B.5.3.28 Leave without pay to accompany spouse

B.5.3.28.1

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.

B.5.3.28.2

Except where the period of such leave is less than three (3) months, the period of leave without pay granted under this clause shall be deducted from the calculation of "continuous employment" for the purpose of calculating severance pay and from the calculation of “service” for the calculation of vacation leave.  Time spent on such leave which is for a period of more than three (3) months shall not be counted for pay increment purposes.

B.5.3.29 Court leave

B.5.3.29.1

Leave of absence with pay shall be given to every employee, other than an employee on leave of absence without pay, or under suspension, who is required.

B.5.3.29.1.1

to be available for jury selection; or

B.5.3.29.1.2

to serve on a jury; or

B.5.3.29.1.3

by subpoena or summons to attend as a witness in any proceeding held

  1. in or under the authority of a court of justice;
  2. before a court, judge, justice, magistrate or coroner of Canada;
  3. before the Senate or House of Commons of Canada or a committee of the Senate or House of Commons other than in the performance of the duties of his position;
  4. before a legislative council, legislative assembly or house of assembly, or any committee thereof that is authorized by Canadian law to compel the attendance of witnesses before it; or
  5. before an arbitrator or umpire or a person or body of persons authorized by Canadian law to make an inquiry and to compel the attendance of witnesses before it.

B.5.3.30 INJURY ON DUTY LEAVE

B.5.3.30.1

An employee shall be granted injury-on-duty leave with pay for such reasonable period as may be determined by the Council where it is determined by a provincial Worker's Compensation Board that the employee is unable to perform his duties because of

B.5.3.30.1.1

personal injury accidentally received in the performance of his duties and not caused by the employee's willful misconduct,

B.5.3.30.1.2

sickness resulting from the nature of the employee's employment,

B.5.3.30.1.3

over-exposure to radioactivity or other hazardous conditions in the course of the employee's employment,

if the employee agrees to remit to the Receiver General of Canada any amount received for loss of pay in settlement of any claim the employee may have in respect of such injury, sickness or exposure provided however that such amount does not stem from a personal disability policy for which the employee or his agent has paid the premium.

B.5.3.30.2

When the absence, as a result of injury-on-duty, is less than the applicable Provincial Worker's Compensation Board waiting period, an employee may be granted injury-on-duty leave during the applicable waiting period providing the employee satisfies the Council that he was unable to perform his duties.

B.5.3.30.3 Education Leave without pay

B.5.3.30.4

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 present role more adequately, or to undertake studies in some field in order to provide a service which the Council requires or is planning to provide.

B.5.3.30.5

At the Council's discretion, an employee on Education Leave without pay under this clause may receive an allowance in lieu of salary of up to one hundred percent (100%) of his annual rate of pay, depending on the degree to which the education leave is deemed, by the Council, to be relevant to organizational requirements.  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.

B.5.3.30.6

Any allowance already being received by the employee and not part of his basic salary shall not be used in the calculation of the education leave allowance.

B.5.3.30.7

Allowances already being received by the employee may, at the discretion of the Council, be continued during the period of education leave.  The employee shall be notified when the leave is approved whether such allowances are to be continued in whole or in part.

B.5.3.30.8

As a condition to the granting of education leave an employee shall, if required, give a written undertaking prior to commencement of the leave to return to the service of the Council for a period of not less than the period of the leave granted.

B.5.3.30.9

If the employee, except with the permission of the Council:

  1. fails to complete the course,
  2. does not resume his employment with the Council following completion of the course, or
  3. ceases to be employed, except by reason of death or lay-off, before termination of the period he has undertaken to serve after completion of the course

B.5.3.30.9.1

he shall repay the Council all allowances paid to him during the education leave or such lesser sum as shall be determined by the Council.

B.5.3.31 Professional Development

B.5.3.31.1

The Council considers important to improve professional standards by giving employees the opportunity on occasion to participate in seminars, workshops, short courses or similar out-service programs for the development of knowledge and skills in their respective fields.

B.5.3.31.2

An employee may apply at any time for professional development under this clause, and the Council may select an employee at any time for such professional development.

B.5.3.31.3

When an employee is selected by the Council for professional development under this clause the Council will consult with the employee before determining the location and duration of the program of work or studies to be undertaken.

B.5.3.31.4

An employee selected for professional development under this clause will continue to receive his normal compensation including any increase for which he may become eligible.  The employee shall not be entitled to any compensation under Article B.5.3.6 (Overtime) and Article B.5.3.10 (Travelling) while on professional development under this clause.

B.5.3.31.5

An employee on professional development under this clause may be reimbursed for reasonable travel expenses and such other additional expenses as the Council deems appropriate.

B.5.3.31.6 Attendance at Conferences and Conventions

B.5.3.31.7

An employee shall have the opportunity, subject to operational requirements, to attend a reasonable number of conferences or conventions related to his field of specialization in order to benefit from an exchange of knowledge and experience with his professional colleagues.  The Council may grant leave with pay and reasonable expenses, including registration fees, to attend such gatherings, subject to budgetary constraints as determined by the Council.

B.5.3.31.8

An employee who attends a conference or convention on the written instruction of the Council to represent the interests of the Council shall be deemed to be on duty and, as required, in travel status.

B.5.3.31.9

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 his field of employment, may be granted leave with pay for this purpose and may, in addition, be reimbursed for his payment of registration fees and reasonable travel expenses.

B.5.3.31.10

An employee shall not be entitled to any compensation under Article B.5.3.6 (Overtime) and Article B.5.3.10 (Travelling) in respect of hours he is in attendance at or travelling to or from a seminar, workshop, short course or similar out service program under the provisions of this Article except as provided in B.5.2.31.8 above.

B.5.3.32 EXAMINATION LEAVE

B.5.3.32.1

Examination leave with pay shall be granted for an employee to write an examination for an accredited secondary school, technological institute or university subject, provided the course of study of the employee concerned can reasonably be construed by the Council as likely to increase the employee's usefulness to the Council and is not an examination for a completely extraneous subject.

B.5.3.33 PERSONNEL SELECTION LEAVE

B.5.3.33.1

Where an employee participates in a personnel selection process for a position in the Public Service, as defined in the Financial Administration Act, the Council shall grant leave of absence with pay for the period during which the employee's presence is required for purposes of the selection process, and for such further period as the Council considers reasonable for the employee to travel to and from the place where his presence is so required.

B.5.3.34 RELIGIOUS OBSERVANCE

B.5.3.34.1

The Council shall make every reasonable effort to accommodate an employee who requests time off to fulfill his religious obligations.

B.5.3.34.2

Employees may, in accordance with the provisions of this Plan, request annual leave, compensatory leave, leave without pay for other reasons in order to fulfill their religious obligations.

B.5.3.34.3

Notwithstanding clause B.5.3.34.2, at the request of the employee and at the discretion of the Council, time off with pay may be granted to the employee in order to fulfill his religious obligations.  The number of hours with pay so granted must be made up hour for hour within a period of six (6) months, at times agreed to by the Council.  Hours worked as a result of time off granted under this clause shall not be compensated nor should they result in any additional payments by the Council.

B.5.3.34.4

An employee who intends to request leave or time off under this Article must give notice to the Council as far in advance as possible but not later than four (4) weeks before the requested period of absence.

B.5.3.35 VOLUNTEER LEAVE

B.5.3.35.1

Subject to operational requirements as determined by the Council 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 seven point five (7.5) hours of leave with pay to work as a volunteer for a charitable or community organization or activity, other than for activities related to the National Research Council Workplace Charitable Campaign.

B.5.3.35.2

The leave shall be scheduled at a time convenient both to the employee and the Council.  Nevertheless, the Council shall make every reasonable effort to grant the leave at such a time as the employee may request.

B.5.3.36 PERSONAL LEAVE

B.5.3.36.1

Subject to operational requirements as determined by the Council 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 seven point five ( 7.5) hours of leave with pay for reasons of a personal nature.

B.5.3.36.2

The leave shall be scheduled at a time convenient both to the employee and the Council.  Nevertheless, the Council shall make every reasonable effort to grant the leave at such a time as the employee may request.

B.5.3.37 OTHER LEAVE WITH PAY

B.5.3.37.1

This clause shall encompass, but is not limited to, the following:

B.5.3.37.1.1

at its discretion, the Council may grant leave with pay for purposes other than those specified in this compensation plan, including military or civil defense training, and emergencies affecting the community or place of work;

B.5.3.37.1.2

every employee who is a qualified elector in municipal elections in Canada, shall, for the purpose of casting his vote on an election day, be excused from his regular duties for a period sufficient to allow the employee three (3) consecutive hours to vote immediately prior to the closing of the polls.

B.5.3.37.1.3

with reference to federal and provincial elections, excused duty for voting purposes shall be sufficient to allow an employee the number of consecutive hours to vote immediately prior to closing of the polls specified in the Canada Elections Act or the relevant provincial election act.

B.5.3.38 LEAVE WITH OR WITHOUT PAY FOR OTHER REASONS

B.5.3.38.1

At its discretion, the Council may grant leave with or without pay for purposes other than those specified in this compensation plan.  Any period of leave without pay of more than three (3) months granted under this clause shall be deducted from the calculation of continuous employment or service as applicable, for the purpose of calculating severance pay and vacation leave for the employee involved.  Time spent on such leave shall not be counted for pay increment purposes.

PART IV – PAY

B.5.3.39 Acting Pay

B.5.3.39.1

When an employee is required by the Council to substantially perform the duties of a higher classification level in an acting capacity and performs those duties for at least four (4) consecutive working days, the employee shall be paid acting pay calculated from the date on which he commenced to act as if he had been appointed to that higher classification level for the period in which he acts.

B.5.3.39.2

When a day designated as a paid holiday occurs during the qualifying period, the holiday shall be considered as a day worked for purposes of the qualifying period.

B.5.3.40 SEVERANCE PAY

B.5.3.40.1 GENERAL

B.5.3.40.2

Under the following circumstances and subject to clause B.5.3.40.3, an employee shall receive severance benefits calculated on the basis of the weekly rate of pay.

B.5.3.40.3

Severance benefits payable to an employee under this Article shall be reduced by any period of continuous employment in respect of which he was already granted severance pay, retiring leave, rehabilitation leave or a cash gratuity in lieu thereof by the Public Service, a federal crown corporation, the Canadian Armed Forces or the Royal Canadian Mounted Police.

B.5.3.40.4

Under no circumstances shall the maximum severance pay provided under this article by pyramided.

B.5.3.40.5

The weekly rate of pay referred to in the following clauses shall be the weekly rate of pay to which the employee is entitled for his substantive classification on the date of the termination of his employment.

B.5.3.40.6

For greater certainty, payments made pursuant to B.5.3.47 to B.5.3.47.6 or similar provisions in other collective agreements and/or compensation plans shall be considered as a termination benefit for the administration of this clause.  Effective 21 May 2012, these payments shall also be included in Workforce Adjustment (WFA) calculations with respect to the maximum total lay-off benefits to which a surplus employee is entitled under the NRC WFA Policy.

B.5.3.41 LAY-OFF

B.5.3.41.1

On the first lay-off two (2) weeks' pay for the first complete year of continuous employment or three (3) weeks' pay for employees with ten (10) years 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 additional complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty five (365) less any period in respect of which the employee was granted severance pay under sub-paragraph B.5.3.41.1.

B.5.3.41.2

On second or subsequent lay-off one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty five (365), less any period in respect of which the employee was granted severance pay under sub-paragraph B.5.3.41.1. Effective 2 October 2011 for the PE Group and 8 November 2011 for the FI Group, paragraphs B.5.3.42 through B.5.3.42.2 and B.5.3.44 through B.5.3.44.2 are deleted from the Compensation Plan.

B.5.3.42 Resignation

B.5.3.42.1

Subject to clauses B.5.3.40.3 and B.5.3.44, an employee who has ten (10) or more years of continuous service is entitled to be paid on resignation from the Council severance pay equal to the amount obtained by multiplying half of his weekly rate of pay on the effective date of his resignation by the number of completed years of his continuous employment to a maximum of twenty-six (26) weeks with a maximum benefit of thirteen (13) week's.

B 5.3.42.2

Notwithstanding clause B.5.3.42.1, an employee who resigns to accept an appointment with an organization listed in Schedule I, IV or V of the Financial Administration Act shall be paid all severance payments resulting from the application of A.5.3.4.168 prior to 1 October 2011 or A.5.3.4.182 to A.5.3.4.187 commencing on 2 October 2011.

B.5.3.43 REJECTION ON PROBATION

B.5.3.43.1

Subject to clause B.5.3.40.3, on rejection on probation, when an employee appointed to the continuing staff of the NRC has completed more than one (1) year of continuous employment and ceases to be employed by reason of rejection during a probationary period, one (1) week's pay for each completed continuous service with a maximum benefit of twenty seven (27) weeks.

B.5.3.44 RETIREMENT

B.5.3.44.1

Subject to clause B.5.3.40.3, on termination of employment, an employee who is entitled to an immediate annuity under the Public Service Superannuation Act, or when he is entitled to an immediate annual allowance under the Public Service Superannuation Act,

or

B.5.3.44.2

a part-time employee, who regularly works more than twelve and one-half (12 1/2) hours a week but less than thirty (30) hours a week, and who, if the employee were a contributor under the Public Service Superannuation Act, would be entitled to an immediate annuity thereunder, or who would have been entitled to an immediate annual allowance if he were a contributor under the Public Service Superannuation Act,

shall be paid a severance payment in respect of the employee's complete period of continuous employment, comprised of one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty five (365), to a maximum of thirty (30) weeks.

B.5.3.45 DEATH

B.5.3.45.1

Subject to B.5.3.40.3, regardless of any other benefit payable, if an employee dies, there shall be paid to his estate a severance payment in respect of the employee's complete period of continuous employment, comprised of one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty five (365), to a maximum of thirty (30) weeks.

B.5.3.46 Release for Incapacity or Unsatisfactory Performance

B.5.3.46.1

Subject to clause B.5.3.40.3, when an employee who is released for incapacity shall on termination of his employment be entitled to severance pay on the basis of one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.

B.5.3.46.2

Subject to clause B.5.3.40.3, when an employee has completed more than ten (10) years of continuous employment and ceases to be employed by reason of release for unsatisfactory performance shall be entitled to one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.

B.5.3.47 Severance Termination

B.5.3.47.1

Subject to B.5.3.40.3 above, indeterminate employees on 2 October 2011 for the PE Group and 8 November 2011 for the FI Group shall be entitled to a severance payment equal to one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty‑five (365), to a maximum of thirty (30) weeks.

B.5.3.47.2

Subject to B.5.3.40.3 above, on 2 October 2011 for the PE Group and 8 November 2011 for the FI Group, term employees shall be entitled to a severance payment equal to one (1) week's pay for each complete year of continuous employment, to a maximum of thirty (30) weeks.

B.5.3.47.3 Terms of Payment for Severance Termination

B.5.3.47.4 Options

B.5.3.47.5

The amount to which an employee is entitled shall be paid, at the employee's discretion, either:

  1. as a single payment at the rate of pay of the employee's substantive position as of 2 October 2011 for the PE Group and 8 November 2011 for the FI Group, or
  2. as a single payment at the time of the employee's termination of employment from the Council, based on the rate of pay of the employee's substantive position at the date of termination of employment from the Council, or,
  3. as a combination of (a) and (b), pursuant to B.5.3.47.6(c).

B.5.3.47.6 Selection of Option

  1. The Employer will advise the employee of his years of continuous employment no later than three (3) months following the date of 2 October 2011 for the PE Group and 8 November 2011 for the FI Group.
  2. The employee shall advise the Employer of the term of payment option selected within six (6) months from the date of 2 October 2011 for the PE Group and 8 November 2011 for the FI Group.
  3. The employee who opts for the option described in B.5.3.47.5(c) must specify the number of complete weeks to be paid out pursuant to B.5.3.47.5(a) and the remainder to be paid out pursuant to B.5.3.47.5(b).
  4. An employee who does not make a selection under B.5.3.47.6(b) will be deemed to have chosen option B.5.3.47.5(b).

B.5.3.47.7 Appointment from a Different Bargaining Unit

This clause applies in a situation where an employee is appointed into a position in the FI/PE Compensation Plan from a position outside the FI/PE Compensation Plan where, at the date of appointment, provisions similar to those in paragraphs B.5.3.42 through B.5.3.42.2 and B.5.3.44 through B.5.3.44.2 are still in force, unless the appointment is only on an acting basis.

  1. Subject to B.5.3.40.1 through B.5.3.40.6 above, on the date an indeterminate employee becomes subject to this Compensation Plan after 2 October 2011 for the PE Group and 8 November 2011 for the FI Group, the  employee shall be entitled to severance payment equal to one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty‑five (365), to a maximum of thirty (30) weeks, based on the employee's rate of pay of his substantive position on the day preceding the appointment.
  2. Subject to B.5.3.40.1 through B.5.3.40.6 above, on the date a term employee becomes subject to this Compensation Plan after 2 October 2011, he shall be entitled to severance payment payable under B.5.3.47.5(b), equal to one (1) week's pay for each complete year of continuous employment, to a maximum of thirty (30) weeks, based on the employee's rate of pay of his substantive position on the day preceding the appointment.
  3. An employee entitled to a severance payment under sub-paragraph (a) or (b) shall have the same choice of options outlined in B.5.3.47.5, however the selection of which option must be made within three (3) months of being appointed to the FI/PE Compensation Plan.

B.5.3.48 PAY ADMINISTRATION:

B.5.3.48.1 Entitlement to Pay

B.5.3.48.2

Every employee is entitled to be paid for services rendered at one of the current rates of pay specified for the classification level to which he has been appointed by the Council;

B.5.3.48.2.1

the rates of pay shall be implemented as indicated in the current ‘salary ranges', for the PE and FI Groups.

B.5.3.48.3 Rate of Pay on Initial Appointment

B.5.3.48.4

An employee's rate of pay on initial appointment shall not be less than the minimum nor more than the maximum rate of the range of rates applicable to the classification level in the group to which he is appointed by the Council.

B.5.3.48.5

An employee who was appointed above the minimum rate during a period where a pay increase becomes retroactive and who is notified in writing at the time of his letter of appointment that a negotiated retroactive pay increase would not apply to him shall, effective from the date of his appointment, have his rate of pay on appointment altered to the rate in the new scale of rates for his classification level which is nearest to but not less than the rate at which he was appointed.  Changes in the employee's rate of pay which took place during the retroactive period will also be recalculated on the basis set forth in this paragraph.

B.5.3.48.6 Rate of Pay on Promotion

B.5.3.48.7

When an employee is appointed by the Council to a higher classification level in the same group, he shall be paid at the nearest rate in the new classification level which gives the employee a salary increase not less than the minimum increment of the higher classification level to which he is being appointed by the Council.  If there is no such rate the employee shall be paid the maximum rate in his new scale. If the employee is appointed to a higher classification with a salary range and no increments, the employee shall be paid a salary at least five percent (5%) (of the maximum rate of pay for the level to which the employee is being appointed) higher than his current salary which needs to fall between the minimum and maximum of the salary range of the higher position.

B.5.3.48.8

Where an employee who is being paid acting pay is promoted to the position for which the employee is receiving acting pay, he shall be paid in that position at the rate at which the employee was being paid acting pay and the employee's first pay increment in that position shall become due on the date on which it would have become due as if the employee had been promoted to that position on the date on which he was most recently authorized to receive acting pay in that position.

B.5.3.48.9 Coincidences of Effective Date

B.5.3.48.10

Where there is a coincidence of date of appointment by the Council to a higher level in the same group and either a pay increment date or a general salary revision date or both, the employee's rate shall be adjusted in the following sequence as applicable:

B.5.3.48.10.1

The employee shall receive his pay increment;

B.5.3.48.10.2

His rate of pay shall be revised in accordance with the general salary revision;

B.5.3.48.10.3

His rate of pay on appointment shall be established in the new classification level in accordance with the provisions of sub-clause B.5.3.44.7.

B.5.3.48.11 Pay Increments

B.5.3.48.12

Except as provided in sub-clauses B.5.3.48.15 and B.5.3.48.16 of clause B.5.3.48.11 an employee holding an appointment at one of the classification levels listed in pay rates of this compensation plan shall be granted a pay increment on completion of the applicable pay increment period until he reaches the maximum rate in the scale of rates for the classification level to which he is appointed.

B.5.3.48.13

For the purpose of computing periods of service for pay increments a "month" is a calendar month in which an employee receives pay for at least seventy-five (75) hours.  Periods of leave without pay in excess of one (1) month in the case of semi-annual increments, and in excess of two (2) months in the case of annual increments will defer an authorized increment by the number of months of leave without pay except as otherwise provided in this plan.  An increment shall not be authorized for any employee during a period of leave of absence without pay except where leave without pay for educational or military purposes or election to a full time municipal office has been authorized by the Council or provided for under this agreement.

B.5.3.48.14

The pay increment date for an employee appointed to a position in the PE or FI group on promotion, demotion or from outside the Council after the date of implementation of this compensation plan, shall be the first day of the month which is nearest to the anniversary date of the employee's appointment to his classification level except that for employees in the classification levels in which semi-annual increments may be provided as shown in the pay rates, the first increment authorized by the Council shall become effective six (6) months from the first day of the month which is nearest to the appointment date of the employee to his classification level and at six (6) month intervals thereafter.

B.5.3.48.15

The Council may deny a pay increment to an employee if it is satisfied the employee is not performing the duties of his position satisfactorily.  Where the Council intends to deny a pay increment the Council shall give the employee notice in writing of this decision at least two (2) weeks and not more than six (6) weeks prior to the date the pay increment would otherwise have been effective had it been authorized.

B.5.3.48.16

When an employee appointed to one of the classification levels listed in the pay rates is not granted a pay increment on the anniversary date on which a pay increment could normally have been authorized for him, a pay increment may be deferred by the Council to the first day of any month following the month from which the pay increment was deferred, and for subsequent increments in his classification level the employee shall retain the increment date that was applicable to him immediately prior to the denial referred to in sub-clause B.5.3.48.15.

B.5.3.48.17 Payment Following Death of Employee

B.5.3.48.18

When an employee dies the Council shall pay to the estate of that employee the amount of pay he would have received but for his death for the period from the date of his death to the end of the month in which his death occurred, provided that the employee has been continuously employed in the Public Service for one year.

B.5.3.48.19

Any previous overpayment of salary to the deceased employee or any debt owing by him to the Council may be recovered from this payment.

B.5.3.48.20

A new employee shall be issued his first pay through direct deposit as soon as possible.

B.5.3.48.21

If an employee signs and submits to the Council an affidavit stating that he has lost or inadvertently mutilated his pay cheque, the Council shall make arrangements with the Department of Public Works and Government Services, to issue a duplicate cheque as soon as possible.

B.5.3.48.22

An employee shall receive the payment for pay supplements such as call-back pay, designated holiday pay, and overtime pay, where practicable in the pay period following that in which the pay supplements are earned.

B.5.3.48.23

Overtime pay which has been paid to an employee during the period covered by the retroactive general salary revisions will be recomputed and the difference between the amount paid on the old salary scales and the amount payable on the new salary scales will be paid to the employee.

B.5.3.48.24 Chief Financial Officer (CFO) Transitional Allowance

B.5.3.48.24.1

Effective 7 November 2013 the CFO Transitional Allowance is rolled into salary for the FI-3 and FI-4 levels.

B.5.3.48.25 Membership Fees

B.5.3.48.25.1

Upon receipt of proof of payment, the Council shall reimburse an employee his annual membership fees paid to either the Institute of Chartered Accountants (CA), the Society of Management Accountants (CMA) or the Association of Certified General Accountants (CGA).

B.5.3.48.25.2

When the payment of such fees is not a requirement for the continuation of the performance of the duties of an employee's position, but eligibility for a professional accounting designation from one of these associations is a qualification specified in the FI Selection Standards, the Council shall reimburse the employee, upon receipt of proof of payment, for his annual membership fees paid to one of the associations referred to in clause B.5.3.48.25.1 to a maximum of twelve hundred and fifty ($1,250) dollars. This maximum amount effective January 1, 2008, covers fees that become due and are paid following that date.  The Council shall reimburse annual fees paid to one of the associations referred to in clause B.5.3.48.25.1 for employees pursing a formal study program to obtain a professional accounting designation (CA, CMA or CGA).

PART V – PART-TIME EMPLOYEES

B.5.3.49 Definition :

B.5.3.49.1

Part-time employee means a person whose normal scheduled hours of work are less than the weekly hours of work prescribed in section 5, "Hours of Work", but not less than those prescribed in the Public Service Labour Relations Act.

B.5.3.50 General

B.5.3.50.1

Part-time employees shall be entitled to the benefits provided under this Plan in the same proportion as their normal weekly hours of work compare with the normal weekly hours of work of full-time employees except that:

  • part-time employees shall be paid at the straight-time rate of pay for all hours of work performed up to the normal daily hours for a full-time employee; and
  • at the applicable overtime rate of pay as specified in section 6 "Overtime";

leave will only be provided

  • during those periods in which the employees are scheduled to perform their duties; or
  • where it may displace other leave as prescribed in this plan.

B.5.3.50.2

The days of rest provisions of this Plan only apply on a day which is normally a day of rest for a full-time employee.

B.5.3.50.3

Notwithstanding the provisions of the section B.5.3.40 «Severance Pay», an employee whose continuous employment is a combination of both full-time and part-time continuous employment shall, for the purpose of severance pay, have those completed years of part-time continuous employment reduced in the same proportion as the part-time weekly hours of work compare with the scheduled weekly hours of work of full-time employees.  For such an employee who is a part-time employee, on the date of termination of employment, the weekly rate of pay referred to in the section B.5.3.40, "Severance Pay» shall be the weekly rate of pay that the employee is being paid on termination of employment, adjusted to the full-time weekly rate.

B.5.3.50.4

A part-time employee shall not be paid for the designated holidays but shall, instead, be paid a premium of four decimal two five percent (4.25%) for all straight-time hours during the period of part-time employment.

B.5.3.50.5

When a part-time employee is required to work on a day which is prescribed as a designated holiday for a full-time employee, the employee shall be paid time and one-half (1 1/2) the straight-time rate of pay for the first seven and one-half (7 1/2) hours worked on the holiday and double time (2) thereafter.

B.5.3.50.6

The pay increment period for part-time employees will be the same as for full time employees of the same group and level; the review date will be the anniversary date.

B.5.3.A Appendix A - Certain exceptions to the compensation plan for the financial administration group and the personnel administration group

B.5.3.A.1 Application

B.5.3.A.2

The terms and conditions of employment contained in this Appendix are applicable to employees at the FI-4 level, and the PE-6 and PE-7 levels.  In this appendix, an employee is an employee classified at those groups and levels.

B.5.3.A.3 Hours of Work

B.5.3.A.4

The standard hours of work are normally seven point five (7.5) hours per day; thirty-seven point five (37.5) hours per week.  Notwithstanding this, because the nature of the work and the exigencies of the service require flexibility in arrival and departure times and hours of work, an employee shall not be entitled to payment for overtime (including work on a day of rest or on a designated holiday) or other conditions relating to hours of work, such as call-back, stand-by, travel on a day of rest and travel on a designated holiday.

B.5.3.A.5 Acting Pay

B.5.3.A.6

When an employee is required to perform for a temporary period of at least twenty (20) consecutive working days, a substantial portion of the duties of a position higher than the one held by the employee, the employee shall be entitled to receive acting pay calculated from the date on which the employee commenced to act as if the employee had been appointed to the higher classification level for the period in which he acts.

B.5.3.A.7 Meal Allowance

B.5.3.A.8

An employee who works overtime beyond the normal meal period or who works at least three (3) hours on a day of rest or on a designated paid holiday may be reimbursed in accordance with the NRC Travel Directive for out-of-pocket expenses for one (1) or more meals, depending upon the number of meal periods occurring in the overtime hours.

B.5.3.A.9 Management Leave

B.5.3.A.10

An employee who is required by the Council to work excessive hours of work or travel on a day of rest or on a holiday, may be granted such leave with pay as the Director General considers appropriate.

B.5.3.A.11 Sick Leave-Discretionary

B.5.3.A.12

Where the Director General is satisfied that an employee is unable to perform the employee's duties because of illness or injury, the employee may be granted, prior to the accumulation of sufficient sick leave credits or following the exhaustion of sick leave credits, up to thirteen (13) weeks' sick leave with pay.  The amount of leave so granted shall be recovered from future sick leave credits.

B.5.3.A.13 Merit Review Process

B.5.3.A.14

A merit review will be conducted once annually with an effective date of 1 April. It will result in an overall performance rating which will be used to guide the amount of the employee's in-range salary increase and/or performance bonus payment. Employees paid at the maximum of the pay range may receive a performance bonus and employees paid below the maximum of the pay range may receive both an in-range increase and a performance bonus.

B.5.3.A.15

The performance ratings in use are: Significantly Exceeded Expectations, Exceeded Expectations, Met Expectations, Met Some Expectations and Did Not Meet Expectations.

B.5.3.A.16

There is no quota or predetermined percentage of the population for any of the performance ratings. The objective of the merit review process is to arrive at fair and consistent performance ratings across the population. Therefore the results may involve changes in the ratings following review by the Merit Review Committee (MRC).

B.5.3.A.17 Salary Revision

B.5.3.A.18

Salary ranges may be revised in response to general increases in wage rates both inside and outside NRC.  Employees having a performance rating of Did Not Meet Expectations will not receive the benefit of the pay revision.

B.5.3.A.19 Performance Pay Administration

B.5.3.A.20

In-range increases and performance awards will be effective on April 1 of each year.

B.5.3.A.21

Only members of the group on strength at NRC on March 31 and in any position with NRC on April 1 of the calendar year, are eligible for the purposes of this exercise.

B.5.3.A.22

Employees may progress through the salary range by a series of variable increases related to the employee's assessed level of performance.

B.5.3.A.23

Expenditures on salary administration must be controlled through a performance increase budget.

B.5.3.A.24

A performance pay budget for the group payroll as at March 31 will be established for each merit review period.

B.5.3.A.25

The performance ratings (in-range increase and performance award) of the entire group should be considered in determining individual performance rating.  This applies to both the in-range increase and the performance award.

B.5.3.A.26 In-Range Increase

B.5.3.A.27

As a general guide, an in-range increase up to the maximum of the salary range, as a percentage of the employee's salary, may be granted annually for assessed performance ratings as follows:

B.5.3.A.28

Overall Performance Rating Increase as a % of current salary
Significantly Exceeded Expectations Up to 10%
Exceeded Expectations Up to 7.5%
Met Expectations Up to 5%
Met Some Expectations 0%
Did Not Meet Expectations 0%

B.5.3.A.29

Under no circumstances should an in-range performance increase be authorized for an employee whose performance has been assessed as Did Not Meet Expectations.

B.5.3.A.30

The intent is that a Met Expectations rating will result in salary progression from the bottom to the top of the pay range at the end of the third year.

B.5.3.A.31 Performance Bonus

B.5.3.A.32

A performance bonus may be granted to an employee having a performance rating of Significantly Exceeded Expectations, Exceeded Expectations or Met Expectations.

B.5.3.A.33

The lump sum must be re-earned each year.

B.5.3.A.34

The amounts for the performance bonus payments are determined by the President in consultation with Treasury Board guidelines. They may vary on an annual basis.

B.5.3.A.35

The maximum permissible amount for the awards should not be automatically granted.  Consideration must be given to factors such as the salary relationship with immediate supervisors or subordinates and the number of consecutive years of above Met Expectations.

B.5.3.A.36

Employees promoted to or within the FI-4 level or the PE-6 and PE-7 levels during the review period will have their in-range increase and/or performance bonus prorated on the basis of the time spent in the position for which the increase or award is being granted.  For example, an employee promoted to a higher level during the review period may receive a prorated in-range increase and performance bonus on the basis of an assessment for the time the employee performed at each level.

B.5.3.A.37 Employees on Leave With Pay

B.5.3.A.38

Employees who have been on leave with pay for a part of the fiscal year may be eligible for an in-range increase or a performance bonus if they have been on strength for long enough to permit a meaningful evaluation of performance.  The performance pay should be prorated for the time they have been working.

B.5.3.A.39

If the period worked is less than three (3) months, the appropriate Director General may conclude that performance was unable to be assessed and no performance pay would be awarded.

B.5.3.A.40

Employees who have been on leave with pay are to be included in the calculation of the budget.

B.5.3.A.41 Employees on Leave Without Pay

B.5.3.A.42

Employees who have been absent on leave without pay for the full fiscal year and have not returned to work by March 31 of that fiscal year are not eligible for any performance increase.  They are not to be included in the calculation of the budget.

B.5.3.A.43

Employees who have been on leave without pay for a part of the fiscal year may be eligible for an in-range increase or a performance bonus if they have been on strength for long enough to permit a meaningful evaluation of performance.  The performance pay should be prorated for the time they have been back on payroll.  They are to be included in the calculation of the budget.

B.5.3.A.44

If the period worked is less than three (3) months, the appropriate Director General may conclude that performance was unable to be assessed and no performance pay would be awarded.  They are not to be included in the calculation of the budget.

B.5.3.A.45 Performance Pay While Receiving Acting

B.5.3.A.46

An employee who is receiving acting pay for a temporary assignment at the FI-4 level or the PE-6 or PE-7 levels is eligible for performance pay at the acting level when the following criteria are met:

B.5.3.A.47

  • the substantive rate of pay has reached the maximum salary range and the employee is no longer eligible for increments or in-range performance increases in the substantive level; or an increment or in-range performance increase in the substantive level does not result in a change to the acting rate of pay; and

B.5.3.A.48

  • performance of the acting level duties is assessed as Met Expectations or better;

B.5.3.A.49

  • the employee is on strength in any position at NRC on 31 March and on April 1.  It is not a requirement for the employee to be acting in the position on 31 March.

B.5.3.A.50

  • there are sufficient funds in the performance budget to award a performance increase.

B.5.3.A.51

If the acting period is less than three (3) months, the appropriate Director General may conclude that the performance was unable to be assessed and no performance pay would be awarded.  They are not to be included in the calculation of the budget.

B.5.3.A.52

The performance bonus should be prorated for the period the employee was acting in the position.

B.5.3.A.53

Prorating the in-range increase, based on the length of time in the acting assignment, is an option.

B.5.3.A.54

Employees in acting status who are eligible for performance pay are to be included in the calculation of the budget.

B.5.3.A.55 Salary Protected Employees

B.5.3.A.56

An employee who is salary protected at the FI-4, PE-6 or PE-7 level and is either reclassified downwards or appointed to a lower level position, is salary protected for salary purposes only.  All other terms and conditions of employment originate from the lower level position he actually occupies.

B.5.3.A.57

The employee is eligible to receive an in-range increase as per B.5.3.A.26 but is not eligible to receive a performance bonus as per B.5.3.A.31.

B.5.3.A.58 Salary-Related Benefits

B.5.3.A.59

The performance bonus will be included as part of salary for the period in respect of which it was paid.

B.5.3.A.60

Any such performance bonus paid in the year of retirement, but related to the year prior to retirement, will be fully counted in the calculation of the five-year (5) average salary for pension purposes.  However, it will not be reflected in the level of coverage under salary-related benefits such as Supplementary death benefit and insurances.

B.5.3.A.61

Performance bonus will also not be considered part of salary for the purposes of termination benefits such as severance pay and cash-out of vacation leave, or for salary calculations related to promotion or transfer.

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