Directive on Terms and Conditions of Employment – Unrepresented and Excluded Employees (REG1 to REG8, including Students)

1. Effective Date

This directive takes effect on April 1, 2013 and has been updated as of June 1, 2018.

2. Application

This directive applies to all indeterminate employees (full-time or part-time) and term employees who are classified as REG1 to REG8 who are either unrepresented or excluded from the bargaining unit, or those classified as REGS (students).

3. Context

This directive supports the Human Resources Policies and Procedures by providing direction to management and staff that will ensure the equitable, accurate, consistent, transparent and timely application of terms and conditions of employment across the organization.

The Appendices to this directive provide direction to the organization on the administration of terms and conditions of employment. It identifies mandatory requirements for the application and administration of all terms and conditions of employment that are in place for those employees covered by this directive.

This directive is to be read in conjunction with CNSC policies and related directives and procedures as stipulated under Section 8.

4. Definitions

Definitions to be used in the interpretation of this directive are provided in Appendix A.

5. Directive Statement

5.1      Objective

The objective of this directive is to ensure sound, consistent and effective practices with respect to the administration of terms and conditions of employment for unrepresented and excluded employees across the CNSC.

5.2      Expected Results

The expected results of this directive are:

• Persons appointed to the CNSC receive appropriate monetary and non-monetary compensation; and
• Terms and conditions of employment for unrepresented and excluded employees are administered in an equitable, accurate, consistent, transparent and timely manner.

6. Roles and Responsibilities

6.1      Human Resources Directorate is responsible for:

• Providing advice and guidance to managers and employees on the application and interpretation of this directive; and
• Ensuring that the resources, systems, service standards and controls are in place for the application and timely administration of the terms and conditions of employment set out in the Appendices of this directive.

6.2      Managers are responsible for:

• Providing employees with information regarding their terms and conditions of employment in this directive and the associated policies;
• Ensuring that the approval of compensation requests is consistent with this directive; and
• Ensuring that appropriate documented authorities are provided to the Human Resources Division in a timely manner.

6.3    Employees are responsible for:

• Ensuring that they are aware of this directive and associated policies; and
• Ensuring that their compensation requests under this directive are submitted in advance to their manager for approval.

7. Monitoring

The application of this directive will be monitored by the Labour Relations, Classification and Compensation Division of the Human Resources Directorate. In addition, the directive will be subject to periodic review to ensure that it meets the needs and requirements of the CNSC.

8. References

8.1    Relevant Legislation

• Public Service Labour Relations Act
• Public Service Superannuation Act
• Financial Administration Act
• Employment Insurance Act

8.2    Relevant CNSC Policy Instruments/Publications

• Directive on Membership Fees
• Pre-retirement Transition Leave Policy
• Travel Directive
• Relocation Directive

9. Enquiries

Please direct enquiries about this directive to the Labour Relations, Classification and Compensation Division (LRCCD) of the Human Resources Directorate.

Appendix A – Definitions

Acting Assignment means a situation where an employee is required to perform temporarily the duties of a higher classification level for at least the qualifying period specified in the terms and conditions of employment applicable to the employee’s substantive level.

Continuous employment has the same meaning as defined in the Directive on Terms and Conditions of Employment applicable to employees in the core public administration.

Daily rate of pay means an employee’s annual rate of pay divided by 260.88.

Day of rest means a day other than a designated paid holiday on which the employee is not ordinarily required to perform the duties of his position other than by reason of his being on leave.

Designated paid holiday means the 24 hour period commencing at 00:01 hour of a day designated as a holiday in this document.

Economic Adjustment means a change in the rates of pay applicable to a group and level.

Employee means a person so defined by the Public Service Labour Relations Act.

Employer means the Canadian Nuclear Safety Commission.

Hourly rate of pay means a full-time employee’s annual rate of pay divided by 1956.6.

Leave means authorized absence from duty.

Part-time is the situation whereby a person is ordinarily required to work more than one third of but less than the normal scheduled weekly hours of work established for persons doing similar work.

Service is an unbroken period of public service employment. Continuous service is broken when employment ceases between two periods of public service employment for at least one compensation day.

Spouse means the person married to the employee or a person living in a conjugal relationship with an employee for a continuous period of at least one year as common-law partner.

Weekly rate of pay means an employee’s annual rate of pay divided by 52.176.

Appendix B – Non-Salary Elements of Compensation

1.        Hours of Work

2.        Banked Time

3.        Designated Paid Holidays

4.        Annual Leave

5.        Sick Leave

6.        Family-Related Leave

7.        Bereavement Leave

8.        Personal Leave

9.        Examination Leave

10.      Maternity/Parental Leave Without Pay

11.      Maternity/Parental Allowance

12.      Leave Without Pay for Care of Immediate Family

13.      Compassionate Care Leave

14.      Education Leave Without Pay and Education Allowance

15.      Leave Without Pay for Relocation of Spouse

16.      Leave Without Pay for Personal Needs

17.      Other Leave With and Without Pay

18.      Severance Benefits

19.      Additional Benefits

Notes:

Term Employees over 3 Months

Term employees are entitled to leave with pay provisions outlined below in each of the sections as applicable. Where there are no individual references made to term employees, it is deemed that the term employee receives the same entitlements as an indeterminate employee.

Part-time Employees

Unless otherwise stated in the provision below, all part-time employees earn leave with pay in the same proportion as their normal weekly hours compared with the normal weekly hours of work of a full-time employee (pro-rated).

1.         Hours of Work

1.1    General

a.   The normal work week shall consist of 37.5 hours over a five-day period, exclusive of a meal period. All employees, unless the employee is taking authorized leave or is otherwise advised by the Employer, are expected to be at work from at least 9:00 to 15:15 from Monday to Friday inclusive.

b.   For the purposes of this Article, a week shall consist of seven consecutive days beginning at 00:01 hours Monday and ending at 24:00 Sunday. A day is a 24 hour period commencing at 00:01 hours.

1.2    Days of Rest

An employee will be granted two consecutive days of rest during each seven day period unless operational requirements do not so permit.

1.3    Time Accounting Report

All employees must complete a Time Accounting Report accurately detailing the time worked based on the Time Accounting Code guide relevant for the period in question.

To enable the CNSC to meet its cost-recovery obligations, all employees must submit the Time Accounting Report as soon as possible following the period in question as prescribed by the Employer.

1.4    Premium for Hours of Work Required beyond Flexible Time Bands

a.   Notwithstanding section 1.1.a. the Employer may vary the normal weekly and daily hours of work to meet operational needs. In these circumstances, the Employer will make every reasonable effort to notify the employee of the change to working hours at least seven (7) days in advance.

b.   An employee whose hours are changed to extend before or beyond 07:00 and 18:00 and has not received at lease seven (7) calendar days’ advance notice of a change in the employee’s hours of work, the employee will receive compensation at the rate of time and one-half (1 ½) for work performed for the first seven decimal five (7.5) hours of the changed schedule. Subsequent days with altered hours of work shall be paid for at straight time and every effort shall be made by the Employer to ensure that the normal scheduled days of rest are maintained.

c.   An employee working hours that were changed to extend before or beyond 07:00 and 18:00 will receive a premium of two dollars ($2) per hour for each hour worked, including overtime hours, between 18:00 and 07:00. Such premium shall not form part of the basic wage rate or be used in calculating overtime pay. Where the hours of work have been changed, there shall be a two dollar ($2) premium for each hour worked on Saturday and Sunday exclusive of overtime hours worked.

d.   An employee working a normal workday in accordance with the provisions of section 1.1.a. who is required to work overtime is not eligible to a premium of two dollars ($2).

e.   The Employer will make every reasonable effort not to schedule the commencement of seven decimal five (7.5) working hours within twelve (12) hours of the completion of the employee’s previous seven decimal five (7.5) working hours. There shall be a premium of time and one-half where an employee is required to report for work with less than twelve (12) hours rest for hours worked within the twelve (12) hour rest period.

2.         Banked Time

a.   Banked time means periods of time worked in excess of 7.5 hours in any normal work day, or time worked on a day of rest or on a designated holiday, where an employee voluntarily works, with their line manager’s authorization, up to a maximum of 37.5 hours. Such accumulation of extra hours must be on productive work.

b.   Banked time can be accumulated in multiples of 15 minute periods. The current limit of 37.5 hours at any given time must be maintained. The time is accumulated in leave credits.

c.   Banked time leave may not be utilized without first being accumulated. Banked time leave must be approved by the line manager prior to using it.

d.   Employees who have accumulated banked time may utilize that time during the core hours with prior approval from their line manager, subject to operational requirements, except where it is used to cover an absence due to either illness or other unforeseen circumstance for which other leave credits are not available.

e.   Banked time cannot be carried over into the subsequent calendar years and shall not be converted to cash at any time.

3.         Designated Paid Holidays

3.1    General

Every full-time employee is entitled to a holiday with pay on each of the following designated holidays falling within his/her period of employment:

• New Year’s Day
• Good Friday
• Easter Monday
• Day fixed by proclamation of the Governor-in-Council for the celebration of the Sovereign’s Birthday
• Canada Day
• Labour Day
• Thanksgiving Day
• Remembrance Day
• Christmas Day
• Boxing Day
• One additional day each year recognized to be provincial or civic holiday in the area where the CNSC premises are located. Where no such day is recognized as such, it shall be the first Monday in August.
• One additional day when proclaimed by an Act of Parliament as a national holiday.

3.2    Holiday on a Day of Rest

a.    When a designated holiday coincides with a day of rest, the holiday is moved to the first scheduled working day following the day of rest.

b.    When special circumstances or the nature of the duties require an employee to work on the first working day immediately following a designated holiday that coincides with a day of rest, the employee is entitled to and shall be granted leave of absence with pay at some other time as the employee’s manager authorizes.

3.3    Holiday During Leave

a.   When a designated holiday falls within a period of leave with pay, the designated holiday shall not be deducted from the employee’s leave credits.

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

3.4    Compensation for Part-time Employees

a.   A part-time employee shall not be paid for the designated holidays but shall, instead be paid a premium of 4.25% for all straight-time hours worked during the period of part-time employment.

b.   When a part-time employee is required to work on a day which is prescribed as a designated paid holiday in 3.1, the employee shall be paid time and one-half (1.5) times the hourly rate of pay for all hours worked on the holiday.

4.         Annual Leave

4.1      General

a.    Annual Leave is granted to an employee each fiscal year to permit a rest from duty. Leave credits are earned on a monthly basis on a fiscal year cycle.

b.    Annual leave credits are calculated on a sliding scale based on the number of years of employment with the CNSC. These credits are advanced to each indeterminate employee and each employee hired for a term of more than six months at the beginning of the fiscal year. Any employee hired for a period of at least three months is entitled to annual leave with pay to the extent of the employee’s earned credits. An employee hired for six months or more is entitled to receive an advance of credits equivalent to the anticipated credits for the current fiscal year.

c.    Annual leave is credited at the beginning of each fiscal year. Credits include any additional days that the employee would become eligible for during the coming fiscal year. Credits will be granted for any month in that fiscal year during which the employee has received pay for at least ten working days.

4.2    Accumulation of Annual Leave

Annual leave credits shall be provided at the following rate:

a.    15 days annually until the month in which the employee’s fourth (4th) anniversary of service occurs;

b.    16 days annually until the month in which the employee’s fifth (5th) anniversary of service occurs;

c.    17 days annually until the month in which the employee’s sixth (6th) anniversary of service occurs;

d.    18 days annually until the month in which the employee’s seventh (7th) anniversary of service occurs;

e.    19 days annually until the month in which the employee’s eighth (8th) anniversary of service occurs;

f.     20 days annually commencing with the month in which the employee’s eighth (8th) anniversary of service occurs;

g.    21 days annually commencing with the month in which the employee’s tenth (10th) anniversary of service occurs;

h.    22 days annually commencing with the month in which the employee’s twelfth (12th) anniversary of service occurs;

i.      23 days annually commencing with the month in which the employee’s fourteenth (14th) anniversary of service occurs;

j.      24 days annually commencing with the month in which the employee’s sixteenth (16th) anniversary of service occurs;

k.    25 days annually commencing with the month in which the employee’s eighteenth (18th) anniversary of service occurs;

l.      26 days annually commencing with the month in which the employee’s twentieth (20th) anniversary of service occurs;

m.   27 days annually commencing with the month in which the employee’s twenty-second (22nd) anniversary of service occurs;

n.    28 days annually commencing with the month in which the employee’s twenty-fourth (24th) anniversary of service occurs;

o.    29 days annually commencing with the month in which the employee’s twenty-sixth (26th) anniversary of service occurs; and

p.    30 days annually commencing with the month in which the employee’s twenty-eighth (28th) anniversary of service occurs.

4.3       At the date of employment

Employees may bring unused vacation leave credits up to a maximum of six (6) weeks of an employee who resigns from the Public Service or an organization listed in Schedule V of the Financial Administration Act in order to take a position with the CNSC if the transferring employee is eligible and has chosen to have these credits transferred.

These provisions will also apply to term employees hired for more than six (6) months or, if the period is less than six (6) months, at the time they become indeterminate employees.

4.4    Recognition of Prior Service in the Canadian Forces for the Calculation of Annual Leave Entitlements

Effective April 1, 2012 on a go forward basis, any former service in the Canadian Forces for a continuous period of six (6) months or more, either as a member of the Regular Force or of the Reserve Force while on Class B or C service, shall also be included in the calculation of annual leave entitlements.

4.4    Unused Annual Leave Credits

Where in any vacation year an employee has not used all the annual leave credited to the employee, the unused portion of annual leave shall be carried over up to a maximum of two times their current annual leave credits. Annual leave credits in excess of this maximum will be paid out at the rate of pay for the employee’s substantive position in effect on the March 31st immediately preceding the payout, subject to availability of funds.

4.5      Payment in Lieu of Leave

a.    Employees may request pay (subject to the availability of funds) in lieu of earned but unused annual leave credits by completing the Payment in Lieu of Annual Leave form or by sending an e-mail to their line manager, who will forward the request with appropriate approval to the designated Compensation Advisor. Payment for the unused annual leave credits would be at the employee’s rate of pay effective at the time of request.

b.    When an employee dies or otherwise ceases to be employed by the CNSC, the employee or the employee’s estate, in the case of a deceased employee, shall be paid an amount equal to the product obtained by multiplying the number of days of earned but unused annual leave with pay to employee’s credit by the daily rate of pay from the employee’s substantive position on the date of termination of employment.

c.    In the event of termination of employment for reasons other than death or lay-off, the Employer shall recover from any monies owed, the employee an amount equivalent to unearned annual leave taken by the employee, calculated on the basis of the rate of pay applicable to the employee’s substantive position on the date of termination.

d.    Where, upon return to work from annual leave, an employee requests special leave or sick leave (on the production of a medical certificate), the period of annual leave in question will be credited to the employee’s annual leave account. The request must first be approved by the line manager.

4.6    Recall from Annual or Compensatory Leave

Where, during any period of annual or compensatory leave, an employee is recalled to duty, the employee shall be reimbursed for reasonable expenses, as normally defined by the Employer, incurred:

1. in proceeding to the employee’s place of duty, and
2. in returning to the place from which the employee was recalled if the employee immediately resumes vacation upon completing the recall assignment, after submitting such accounts as are normally required by the Employer.

The employee shall not be considered as being on annual or compensatory leave during any period in respect of which the employee is entitled under 4.6 to be reimbursed for reasonable expenses incurred by the employee.

4.7    Cancellation of Annual Leave

When the Employer cancels or alters a period of annual leave which it has previously approved in writing, the Employer shall reimburse the employee for the non-returnable portion of vacation contracts and reservations made by the employee in respect of that period, subject to the presentation of such documentation as the Employer may require. The employee must make every reasonable attempt to mitigate any losses incurred and will provide proof of such action, when available, to the Employer.

4.8    One-Time Annual Leave Credit

a.   After the completion of one (1) year’s continuous employment with either the CNSC or the Federal Public Service or its agencies, employees shall be credited with a one-time entitlement of thirty-seven and a half (37.5) hours of annual leave with pay.

b.   The annual leave credits provided for in section 4.8 (a) shall be excluded from the application of section 4.4 dealing with Unused Annual Leave Credits.

5.         Sick Leave

5.1    General

Sick leave with pay is granted, to the extent of accumulated credits, to an employee who is unable to work as a result of sickness or non-work-related injury.

5.2    Accumulation of Sick Leave

An employee shall earn sick leave credits at a rate of 9.375 hours for each calendar month for which the employee receives pay for at least ten days.

5.3    Utilization of Sick Leave Credits

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

• the employee satisfies the authorized line manager of this condition in such a manner as may be determined by the Employer; and
• the employee has the necessary sick leave credits.

b.    Unless otherwise informed by the Employer, a statement signed by the employee stating that because of illness or injury the employee was unable to perform their duties, shall, when delivered to the Employer, be considered as meeting the requirements of above.

c.    Notwithstanding the above paragraph, if the Employer considers it necessary, he may request that an employee produce a medical certificate to support any application for sick leave.

d.    Sick leave with pay shall not be granted during any period in which an employee is on leave of absence without pay or under suspension.

e.    If an employee is granted sick leave with pay and injury-on-duty leave is subsequently approved for the same period, the employee’s sick leave credits shall be restored.

5.4    Advancement of Sick Leave Credits

Where an employee is unable to perform his/her duties because of sickness or injury and he/she has insufficient sick leave credits to cover the period of illness, the employee may, with the approval of the Employer, be granted sick leave credits in advance up to a maximum of 25 days, subject to the deduction of such advanced leave from any leave credits subsequently earned.

6.         Family-Related Leave

a.    The total leave with pay which may be granted for family-related responsibilities shall not exceed five days in a fiscal year.

b. For the purpose of this type of leave, family is defined as:

1. Spouse (or common-law spouse residing with the employee);
2. Dependent children (including children of legal or common-law spouse, foster children residing with the employee and ward of the employee);
3. Parents (including stepparents or foster parents), father-in-law, mother-in-law;
4. Brother, sister, step-brother, step-sister;
5. Grandparents and grandchildren of the employee;
6. any relative permanently residing in the employee’s household or with whom the employee permanently resides, or
7. any relative for whom the employee has a duty of care, irrespective of whether they reside with the employee.

b.    This type of leave with pay shall be granted under the following circumstances:

• To take a dependent family member for medical or dental appointments, or for appointments with school authorities or adoption agencies. A dependent family member is a family member who is incapable of attending the appointment unaccompanied;
• To provide for the immediate and temporary care of a sick member of the employee’s family and to provide an employee with time to make alternate care arrangements where the illness is of a longer duration;
• To provide for the immediate or temporary care of an elderly family member/child of the employee’s family; or
• For needs directly related to the birth or the adoption of the employee’s child, which may be divided into two periods and granted on separate days.
• To attend school functions, if the supervisor was notified of the functions as far in advance as possible;
• To provide for the employee’s child in the case of an unforeseeable closure of the school or daycare facility;
• 7.5 hours out of the 37.5 hours stipulated above may be used to attend an appointment with a legal or paralegal representative for non-employment related matters, or with a financial or other professional representative, if the supervisor was notified of the appointment as far in advance as possible.

7.         Bereavement Leave

a.    For the purpose of this leave, 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), stepchild or ward of the employee, grandchild, grandparent, father-in-law, mother-in-law, and relative permanently residing in the employee’s household or with whom the employee permanently resides.

b.    Bereavement leave may be granted for a maximum of up to five working days for bereavement in the employee’s immediate family. This leave may be divided in two periods and granted on separate days when the day of the funeral and the service occur at different times. In addition, the employee may be granted up to three working days with pay for the purpose of travel related to the death.

c.    Bereavement leave may be granted for up to one day in the event of the death of an employee’s son-in-law, daughter-in-law, brother-in-law or sister-in-law.

d.    It is recognized that the circumstances which call for leave in respect of bereavement vary on an individual basis. On request, and in consideration of the particular circumstances involved, managers may grant leave with pay for a period greater than the above or for persons other than those listed above.

e.    If, during a period of paid leave, an employee is bereaved in circumstances under which he or she would have been eligible for bereavement leave with pay, the employee shall be granted bereavement leave with pay and his or her paid leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.

8.         Personal Leave

a.    An employee shall be granted, in each fiscal year, two days of leave with pay for reasons of a personal nature.

b.    Subject to operational requirements as determined by the Employer, the scheduling of the leave has to be at a time convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such times as requested by the employee.

c.       This leave with pay cannot be transferred from one fiscal year to the next.

9.         Examination Leave

Employees that are registered in courses outside of working hours, where the course of study is directly related to the employee’s duties or will improve the employee’s qualifications, may take leave in order to write examinations that are related to the course work. This time shall not include hours to study or prepare for the exams.

10.       Maternity/Parental Leave Without Pay

10.1  Maternity Leave Without Pay

a.    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 the pregnancy and ending not later than 18 weeks after the termination date of pregnancy. The Employer may require an employee to submit a medical certificate certifying pregnancy.

b.    Where the employee’s newborn child is born prematurely or is born with or contracts an illness that requires its hospitalization within the period defined above and:

1. the employee has not yet commenced maternity leave without pay; or
2. the employee has commenced maternity leave and then returns to work for all or part of the period during which the child is hospitalized,

maternity leave may be suspended and later resumed. However, in no case shall maternity leave extend later than 52 weeks after the termination of pregnancy.

c.    An employee who has not commenced maternity leave may elect to:

1. use earned vacation and compensatory leave credits up to an beyond the date that the pregnancy terminates; or
2. use sick leave credits up to and beyond the date that the pregnancy terminates, subject to the provisions set out in Section 5 above on Sick leave. For purposes of this paragraph, illness or injury shall include medical disability related to pregnancy.

d.    Unless there is a valid reason why the notice cannot be given, an employee shall inform the Employer in writing at least four weeks in advance of the commencement of continuous leave of absence with and/or without pay to cover her absence from work due to pregnancy.

e.    Maternity leave without pay shall be counted for the calculation of “continuous employment” for the purpose of calculating severance pay and “service” for the purpose of calculating vacation leave. Time spent on such leave shall be counted for annual wage adjustments purposes.

f.     Maternity leave without pay can be used in conjunction with Parental leave without pay for a period of up to 52 weeks upon the approval of the Employer.

10.2  Parental Leave Without Pay

a.    Where an employee has or will have the actual care and custody of:

1. a new-born child (including the new-born child of a common-law spouse); or
2. an adoptive preschool-aged child; or
3. an adoptive school-aged child, upon demonstrating the child requires special needs;

the employee shall, upon request, be granted parental leave without pay for a period of up to 37 consecutive weeks in the 52 week period beginning on the day on which the child is born or the day which the child comes into the employee’s care. At the request of the employee and at the discretion of the Employer, the leave may be taken in two periods.

b.    Where the employee’s child is hospitalized within the period defined above and:

1. the employee has not yet commenced parental leave without pay; or
2. the employee has commenced parental leave and then returns to work for all or part of the period during which the child is hospitalized,

parental leave may be suspended and later resumed. However, in no case shall parental leave extend later than 52 weeks after the day on which the child is born or the day on which the child comes into the employee’s care.

c.    An employee who intends to request parental leave shall notify the Employer, in writing, at least four weeks in advance of the expected date of the birth of the child or the date the child is expected to come into the employee’s care.

d.    The Employer may:

1. defer the commencement of parental leave, at the request of the employee,
2. grant the parental leave with less than four weeks notice; or
3. require the employee to submit a birth certificate or proof of adoption of the child.

e.    Parental leave without pay taken jointly by an employee-couple shall not exceed a total of 37 weeks for both individuals combined.

f.     Parental leave without pay shall be counted for the calculation of “continuous employment” for the purpose of calculating severance pay and “service” for the purpose of calculating vacation leave. Time spent on such leave shall be counted for annual wage adjustments purposes.

11.       Maternity and/or Parental Allowance

11.1 General

a.   An employee who has been granted maternity leave without pay and/or parental leave without pay shall be paid a maternity allowance and/or parental allowance in accordance with the Supplementary Unemployment Benefit Plan (SUB Plan) provided that she/he has:

1. completed six months of continuous employment before the commencement of maternity and/or parental leave without pay;
2. provided the Employer with proof that she/he has applied for and is eligible to receive maternity, parental, adoption or paternity benefits under the Employment Insurance Act or the Québec Parental Insurance Plan in respect of insurable employment with the Employer; and
3. signed an agreement with the Employer as set out in paragraph b.

b.   An employee, under paragraph 11.1 (a), shall sign an agreement with the Employer, providing:

1. that, unless the return to work is modified and another form of leave is granted by the Employer, she or he will return to work on the expiry date of the maternity leave and/or parental leave;

and

2. that, in addition to any work obligations related to the payment of the maternity and/or parental allowance, she or he will return to work for a period equal to the period for which the maternity and/or parental allowance will be paid.

c.   Maternity allowance payments and/or parental allowance payments made according to the Supplemental Unemployment Insurance Benefit Plan will consist of the following:

1. where an employee is subject to a waiting period of two weeks before receiving EI maternity benefits and/or parental benefits, an allowance of 93% of the weekly rate of pay for each week of the two week waiting period less any other monies earned during this period;

and/or

2. for each week that an employee receives maternity, parental, adoption or paternity benefits under the Employment Insurance Act or the Québec Parental Insurance Plan, the difference between the gross weekly amount of the EI benefit she/he is initially eligible to receive and 93% or her/his weekly rate of pay less any other monies earned during the period which result in a decrease in EI maternity, parental, adoption or paternity benefits;
3. where an employee has received the full (18) weeks of maternity benefit under Employment Insurance and thereafter remains on maternity leave without pay, she is eligible to receive a further maternity allowance for a period of one (1) week, (93%) of her weekly rate of pay for each week, less any other monies earned during this period;
4. where an employee has received the full (32) weeks of parental benefit under Employment Insurance and thereafter remains on parental leave without pay, he or she is eligible to receive a further parental allowance for a period of one (1) week, (93%) of his or her weekly rate of pay for each week, less any other monies earned during the period, unless the employee has already received the one (1) week of allowance for the same child;

and

5. where an employee has received the full 18 weeks of maternity benefit and the 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 weeks, at 93% of her weekly rate of pay for each week, less any other monies earned during this period.

d.   At the employee’s request, payments 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 maternity, parental, adoption or paternity benefits.

e.   The maternity allowance and/or parental allowance to which employees are entitled is limited to that set out in paragraph 11.1 (b). An employee will not be reimbursed for any amount of EI benefits that she or he may be required to repay pursuant to the Employment Insurance Act or the Québec Parental Insurance Plan.

f.    In the calculation of the maternity allowance and/or parental allowance, the weekly rate shall be:

1. for a full-time employee, the weekly rate of pay for the employee’s substantive position on the day immediately preceding the commencement of maternity leave or parental leave without pay; and
2. for a part-time employee, the full-time weekly rate of pay for the employee’s substantive position multiplied by the fraction obtained by dividing the employee’s assigned straight time hours or work during the last 2 weeks of continuous employment by the number of hours in the work week of a full-time employee.

g.   Notwithstanding paragraph e(i) and subject to e(ii), if on the day immediately preceding commencement of maternity and/or parental leave without pay, an employee has been on acting assignment for at least four months, the weekly rate shall be the rate the employee was being paid on that day.

h.   Where an employee becomes eligible for an annual wage adjustment while in receipt of the maternity allowance and/or parental allowance, payments under paragraph 11.1 (e) shall be adjusted accordingly.

i.    Maternity and/or parental allowance payments made under the sub-plan will neither reduce nor increase the employee’s severance pay.

j.    The maximum combined maternity and parental allowances payable shall not exceed 52 weeks for each combined maternity and parental leave without pay.

11.2  Special Maternity and/or Parental allowance for Disabled Employees

a.    An employee who:

1. fails to satisfy the eligibility requirements specified in paragraph 11.1 (a) (ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Long-term Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or the Government Employee’s Compensation Act prevents her from receiving maternity benefits under the Employment Insurance Plan or Québec Parental Insurance maternity, parental, adoption, or paternity benefits; and
2. has satisfied all other eligibility requirements specified in paragraph 11.1 (a)

shall be paid, in respect of each week of maternity allowance and/or parental allowance she/he would have otherwise received, the difference between 95% of her/his weekly rate of pay and the gross amount of her/his weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employee’s Compensation Act.

b.    An employee shall be paid a maternity allowance under paragraph 11.2 (a) and, where applicable, paragraph 11.1 (b) for a combined period of no more than the number of weeks during which she/he would have been eligible for maternity, parental, adoption or paternity benefits under the Employment Insurance Act or the Québec Parental Insurance Plan, for the reasons described in paragraph 11.2 (a).

12.       Leave Without Pay for Care of Immediate Family

Subject to operational requirements, an employee may be granted leave without pay for the care and nurturing of the employee’s pre-school age children; or the long term care of an ill or aged parent or a disabled child or other family permanently residing in the employee’s household or with whom the employee permanently resides, in accordance with the following conditions:

1. an employee shall notify the Employer in writing four weeks in advance of the commencement date of such leave;
2. leave granted under this clause shall be for a minimum period of three weeks;
3. the total leave granted under this clause shall not exceed five years during an employee’s total period of employment in the Public Service;
4. leave granted under this clause for a period of more than three 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 purpose of calculating vacation leave; and
5. time spent on such leave shall not be counted for pay increment purposes.

13. Compassionate Care Leave

a.    Notwithstanding the definition of “family under Family-related leave, an employee who provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) Compassionate Care Benefits may be granted leave for periods of less than three weeks while in receipt of or awaiting these benefits.

b.    Leave granted under this provision may exceed the five (5) year maximum only for the periods where the employee provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) Compassionate Care Benefits.

c.    When notified, an employee who was awaiting benefits must provide the Employer with proof that the request for Employment Insurance (EI) Compassionate Care Benefits has been accepted.

14.       Education Leave Without Pay and Education Allowance

a.    An employee may be granted education leave without pay for periods of up to three years, to attend a recognized institution for study in some field of education to enable the employee to fill a present or future role related to the needs of the Employer more adequately.

b.    At the sole discretion of the Employer, an employee on educational leave without pay may receive an educational allowance in lieu of salary of up to 100% of the employee’s basic salary provided that, where he/she receives a grant, bursary or scholarship, the educational leave allowance shall accordingly be reduced. In such cases the amount of the reduction shall not exceed the amount of the grant, bursary or scholarship. The percentage of this allowance is at the discretion of the Employer and must be agreed to in writing between the Employer and the employee prior to the allowance being approved.

c.    An allowance already being received by the employee may, at the discretion of the Employer, be continued during the period of the education leave. The employee shall be notified when the allowance is approved whether such an allowance is to be continued in whole or in part.

d.    If the employee, except with the permission of the Employer,

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

the employee shall repay the Employer all allowances paid under this clause during the education leave, or such lesser sum as shall be determined by the Employer.

Education leave without pay shall be counted for the calculation of “service” for the purpose of calculating severance pay and vacation leave.

15.       Leave Without Pay for Relocation of Spouse

a.    Leave without pay for a minimum period of three months and a maximum period of one year may be granted to an employee whose spouse is permanently relocated and up to five years to an employee whose spouse is temporarily relocated.

b.    Leave without pay granted under this clause shall be deducted from the calculation of “continuous employment” for the purpose of calculating severance pay and “service” for the purpose of calculating vacation leave for the employee involved. Time spent on such leave shall not count for pay increment purposes.

16.       Leave Without Pay for Personal Needs

a.    Subject to operational requirements, leave without pay for a period of up to three months may be granted to an employee for personal needs.

b.    Subject to operational requirements, leave without pay of more than three months but not exceeding one year may be granted to an employee for personal needs.

c.    Leave without pay granted under (a) shall be counted for the calculation of “continuous employment” for the purpose of calculating severance pay and “service” for the purpose of calculating vacation leave. Time spent on such leave shall be counted for pay increment purposes.

d.    Leave without pay granted under (b) shall be deducted from the calculation of “continuous employment” for the purpose of calculating severance pay and “service” for the purpose of calculating vacation leave for the employee involved. Time spent on such leave shall not be counted for pay increment purposes.

17.       Other Leave With and Without Pay

At its discretion, the Employer may grant leave with pay or without pay for purposes other than those specified above.

If the leave is primarily in the interest of the CNSC, the whole duration of the leave without pay is counted as service for the purpose of calculating vacation leave entitlement and severance pay. An example where this might apply includes assignments with an international agency.

18.       Severance Benefits

18.1 General

Under the following circumstances and subject to paragraph 17.2, an employee shall receive severance benefits calculated on the basis of the employee's weekly rate of pay for the employee's substantive position on the last day of employment:

a.    Lay-Off

1. On the first lay-off, for the first complete year of continuous employment from the Canadian Nuclear Safety Commission, two weeks’ pay, or 3 weeks’ pay for employees with 10 or more and less than 20 years of continuous employment, or 4 weeks’ pay for employees with 20 years of continuous employment, plus 1 week’s pay for each additional complete year of continuous employment, to a maximum of 30 weeks. In the case of a partial year of continuous employment, 1 week’s pay multiplied by the number of days completed of continuous employment divided by 365.
2. On second or subsequent lay-off from the Public Service, 1 week’s pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, 1 week’s pay multiplied by the number of days completed of continuous employment divided by 365, less any period in respect of which the employee was granted severance pay under 17.1 (a) (i) above.

b.    Death

If an employee dies, there shall be paid to the employee’s estate a severance payment in respect of the employee’s complete period of continuous employment, comprised of one week’s pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one week’s pay multiplied by the number of days completed of continuous employment (in the current year) divided by 365 to a maximum of 30 weeks’ pay.

c.    Release for Incapacity

When an employee has completed more than one year of continuous employment and is terminated by reason of incapacity, one week's pay for each complete year of continuous employment with a maximum benefit of 28 weeks.

d.   Release for Incompetence

Employees who have completed 10 years of continuous employment with the CNSC and are released for incompetence shall be paid severance pay equal to one week of pay for each completed year of continuous employment to a maximum of 28 weeks, less any period for which severance pay has already been granted.

e.    Release on Grounds of Misconduct and Abandonment

Employees who are released on grounds of misconduct or abandon their position are not entitled to severance pay.

f.    Retirement or Resignation

As of April 1, 2013 severance benefits for resignation and retirement ceased to accumulate. Employees, who selected to defer the payment of their accumulated severance pay as of April 1, 2013 until the end of employment, will be paid that accumulation upon resignation or retirement from the CNSC.

18.2 Severance Benefits

Severance benefits payable to an employee under 17.1 shall be reduced by any period of continuous employment in respect of which the employee was already granted any type of termination benefit by the Public Service, a Federal Crown Corporation, the Canadian Forces or the Royal Canadian Mounted Police. Under no circumstances shall the maximum severance pay provided u 55der 17.1 be pyramided.

18.3  Part-time Employment

Where period of continuous employment consists of both full-time and part-time employment or part-time employment only, the number of years of continuous employment for severance pay purposes shall be calculated as follows: all periods of continuous full-time employment shall be consolidated. Then, all periods of continuous part-time employment shall be converted to full-time employment and added to the years of full-time employment. The total years of continuous employment shall then be reduced, if necessary, to the allowable maximum number of years that may be paid for the particular type of termination.

18.4  Income Tax

Severance pay is taxable as income in the year it is paid.

19.       Additional Benefits

Employees may be entitled to other benefits for which the Employer is responsible. Benefits of most common interest are referenced at the following links on BORIS:

• Public Service Superannuation Plan
• Disability Insurance Plan
• Dental Care Plan
• Public Service Health Care Plan
• Public Service Management Insurance Plan

Notes on Benefit Coverage on Leave Without Pay (LWOP)

An employee proceeding on leave of absence without pay must make arrangements with their Compensation Advisor to maintain coverage and contributions during the period of LWOP, where necessary.

Appendix C – Salary Elements of Compensation

1.        Economic Salary Adjustment

2.        Pay Administration Rules

3.        Overtime

4.        Travelling Time

5.        Compensation for Overtime and Travelling Time

Notes:

Term Employees over 3 Months

Term employees are entitled to pay provisions outlined below in each of the sections as applicable. Where there are no individual references made to term employees, it is deemed that the term employee receives the same entitlements as a indeterminate employee.

Part-time Employees

Unless otherwise stated in the provisions below, all part-time employees are entitled to pay provisions outlined below in the same proportion as their normal weekly hours compared with the normal weekly hours of work of a full-time employee (pro-rated).

1.         Economic Salary Adjustment

a.   The economic salary adjustment is a change in the rate(s) of pay applicable to the salary scale for a group or level.  Employees classified as REG1 to REG8 that are unrepresented or excluded from the bargaining unit will receive the economic salary adjustment effective April 1st of each year. Salary Bands for Unrepresented and Excluded Employees

b.   An employee absent on leave with or without pay is eligible for the full percentage increase of the economic salary adjustment.

c.   The salary of an employee on leave without pay is recalculated for record purposes only to maintain the same position relative to the new salary maximum that existed within the old salary range.

d.   The salary-based allowance (e.g. maternity, parental, education allowances) of an employee on leave without pay is adjusted to reflect the revision.

2.         Pay Administration Rules

2.1      Promotion or Reclassification to a Higher Level

An employee who is promoted or whose position is reclassified to a higher level will receive a salary adjustment by the greater of the following two options:

1. if the employee’s current salary is within the salary range of the higher level position the employee shall be paid at the rate of pay in the new salary grid which is nearest to the rate the employee was receiving immediately before the promotion or reclassification that gives an increase in pay of not less than 4.0%; or
2. if the employee’s current salary is below the minimum of the new salary range of the higher level position, the employee’s salary will be adjusted to the minimum of the higher level position.

2.2    Transfers

A transfer occurs when an employee is appointed at the same classification level. Upon transfer, the employee's salary will remain unchanged.

2.3    Acting

When an employee is required by the employer to substantially perform the duties of a higher classification level on an acting basis for a period of at least five consecutive working days, the employee shall be paid acting pay calculated from the date on which the employee commenced to act as if the employee had been appointed to that higher classification level for the period in which the employee acts. Since the employee is only performing the duties of the acting position for a temporary period, the employee retains the terms and conditions of employment associated with their substantive position.

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.

An employee in receipt of acting pay is entitled to a recalculation of the acting rate of pay when revisions or increments are due in the substantive level.

2.4      Appointment to a Lower Classification Level

a.    When an employee applies for a position that has a lower classification level than the employee's current position, or when an employee is appointed to a lower classification level because of incompetence or incapacity, the employee's salary will be adjusted by the greater of the following two options:

1. if the employee’s salary is within the salary band of the new classification of the position, the employee shall be paid the rate of pay nearest but not less than the rate previously received, or
2. if the employee's current salary is higher than the maximum of the salary range of the new position, the employee's salary will be reduced to the maximum of the salary range of the new position, as of the date of appointment.

b.   When an employee's position is abolished and/or the employee is offered and accepts an alternate position with a lower classification level, or the employee’s position is reclassified to a lower level, the employee's salary will be adjusted in accordance with Section 2.5.

2.5    Reclassification to a Level with a Lower Maximum Rate

Where an employee’s position is reclassified to a level with a lower maximum rate of pay, the employee is entitled to be paid as follows:

1. Should the employee’s salary be within the salary band of the new classification of the position, the employee shall be paid the rate of pay nearest but not less than the rate previously received.
2. Should the employee’s salary exceed the maximum of the range for the new classification of the position, the employee continues to be paid the existing rate of pay until such time as the maximum rate of pay for the employee’s group and level is equal to, or greater than, the employee’s salary or until the position is vacated.
3. The employee subject to paragraph (b) above shall receive the equivalent of the economic increase paid in the form of a lump sum payment.

The Employer will make a reasonable effort to transfer the incumbent to a position having a level equivalent to that of the former group and/or level of the position. In the event that an incumbent subject to paragraph (b) declines an offer of transfer to a position in the same geographic area, without good and sufficient reason, that incumbent shall be immediately paid at the rate of pay for the reclassified position.

3.         Overtime

3.1    General

Overtime is defined as pre-authorized time worked by a full-time employee on a day of rest, on a designated paid holiday or on a regularly scheduled workday in excess of 7.5 hours.

Compensation for overtime shall not be paid with respect of attendance at training or development courses, workshops or conferences, or seminars, unless such participation was directed by the Employer and not voluntary on the part of the employee.

All calculations for overtime shall be based on each completed period of 15 minutes.

3.2    Overtime Calculation

All employees required to work overtime shall be compensated at:

1. on a regular scheduled workday at the rate of one and one-half (1 ½) time for the first seven decimal five (7.5) overtime hours worked and at the rate of double (2) time for all hours of overtime in any contiguous period in excess of the first seven decimal five (7.5) hours;
2. on days of rest at the rate of one and one-half (1 ½) time for the first seven decimal five (7.5) overtime hours worked and double (2) time thereafter except, that when an employee is required by the Employer to work on two (2) or more consecutive and contiguous days or rest the employee shall be compensated on the basis of double (2) time for all hours worked on the second and each subsequent day of rest;
3. on a designated paid holiday, at the rate of one and one-half (1 ½) time for the first seven decimal five (7.5) hours worked and double (2) time thereafter; or
4. when an employee works on a designated paid holiday, contiguous to a day of rest on which the employee also worked, the employee shall be compensated on the basis of double (2) time for each hour worked.

3.3    Call-back

a.   Where an employee completes a call-back requirement without being required to leave the location at which the employee was contacted, the minimum of three hours provided in Section (b), below shall be replaced by a minimum of one hour, which shall apply only once in respect of each one-hour period.

b.   When an employee is called back and is required to report to a place of work to perform duties not previously scheduled, the employee shall be entitled to the greater of:

1. a minimum of three hours pay at the applicable overtime rate, or
2. compensation at the applicable rate of overtime for the actual hours worked.

Employees called back to work under this clause will be entitled to reimbursement of the mileage allowance at the rate normally paid to an employee when authorized by the Employer to use a personal automobile or out-of-pocket expenses for commercial transportation, as applicable.

3.4    Stand-by

a.   An employee designated for standby duty shall be available during the period of standby at a known telephone number and be able to report for duty as quickly as possible if called.

b.   When the Employer requires an employee to be available on standby during off-duty hours, the employee shall be compensated at the rate of one-half (0.5) hour of pay for each four hour period or portion thereof of standby duty. No payment shall be made where the employee is unable to perform work when required.

c.   An employee on standby who is called in to work by the Employer and who reports for work shall be compensated according to Call-back provisions.

3.5    Overtime Meal Allowance

An employee works four (4) or more hours of overtime on a regularly scheduled workday, shall be reimbursed for one meal valued at $10.50, except where free meals are provided.  Reasonable time with pay, to be determined by the Employer, shall be allowed the employee in order to take a meal break either at or adjacent to the employee’s place of work.

If the employee works overtime continuously extending three (3) hours or more beyond the first four hours, the employee shall be reimbursed for one additional meal in the amount of $10.50, except where free meals are provided.

3.6      Transportation

At the discretion of their manager, employees required to work overtime may be reimbursed for transportation from the place of work to home and/or return by taxi, public transit or private vehicle at the higher kilometric rate. Parking charges will also be reimbursed when applicable.

4.         Travelling Time

When the Employer requires an employee to travel for the purpose of performing duties the employee shall be compensated as follows:

1. On a normal working day on which an employee travels but does not work, the employee shall receive regular pay for the day;
2. On a normal working day on which an employee travels and works, the employee shall be paid:
   1. regular pay for the day for a combined period of travel and work not exceeding 7.5 hours; and
   2. at the applicable overtime rate for additional travel time in excess of a 7.5 hour period of work and travel, not to exceed a maximum payment for such additional travel time not to exceed 12 hours pay in any day, calculated at the straight-time rate.
3. On a day of rest or on a designated paid holiday, the employee shall be paid at the applicable overtime rate for hours travelled to a maximum payment of 12 hours pay, calculated at the straight-time rate.
4. Travelling time shall include time necessarily spent at each stop-over en route provided that such stop-over does not include an overnight stay.

5.         Compensation for Overtime and Travelling Time

Overtime (with the exception of overtime meal allowances) may be compensated in the form of compensatory leave or pay with the approval of the Employer.

Compensatory leave earned under Sections 3.2, 3.3, 3.4 or 4 which is carried over from a previous fiscal year and outstanding on September 30th of the next fiscal year shall be paid out at the rate of pay in effect on March 31st of the fiscal year in which the leave was earned.

Where, in respect of any period of compensatory leave, an employee is granted leave with pay for illness in the family 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 employee’s manager, or reinstated for use at a later date.

There shall be no pyramiding of premium rates.

Appendix D: Non-Salary and Salary Elements of Compensation for Students

1.      Objective

2.      Application

3.      Definition

4.      Hours of Work

5.      Leave Provisions

6.      Performance Evaluation

7.      Compensation

8.      Overtime and Travel Time

9.      Benefits

1.         Objective

The CNSC recognizes that hiring students is an effective means of meeting legitimate operational requirements while providing meaningful career development opportunities to the young people of Canada. This also fosters an approach to compensation that will result in students wishing to return to the CNSC for repetitive work term assignments and that will reward returning students for experience acquired in past assignments at CNSC. The compensation framework allows the CNSC the flexibility to recognize broad academic levels and attained experience in previous CNSC employment assignments.

2.         Application

The following terms and conditions of employment outlined in this appendix apply to all students employed at the CNSC hired through established student recruitment programs as outlined in the CNSC Staffing Policy.

3.         Definition

“Student” refers to a full- or part-time student enrolled in an accredited university, community college or secondary program (who may also be a participant in a post-secondary co-operative education program), who is returning to studies in the upcoming academic term.

“Term” refers to a term of employment with a start and end date that is typically four months but may be longer depending on the program (i.e. six, eight, twelve or eighteen). The term can be either full-time or part-time.

4.         Hours of Work

Students follow the same terms and conditions of employment with respect to hours of work and banked time as described in Appendix B (Sections 1 and 2).

5.         Leave Provisions

Students employed for a work term greater than three months are entitled to annual leave and sick leave as described in Appendix B (Sections 4 and 5).

Students employed for a work term less than three months are entitled to receive vacation pay in lieu of leave credits equal to 4% of the amount of all hours worked as well as overtime, but students are not entitled to sick leave.

6.         Performance Evaluation

A student’s performance will be reviewed by the line manager at the end of the work term assignments (unless otherwise required under an institution’s cooperative program) to provide the student with insight into future career development and to review the success of the tasks assigned the student.

7.         Compensation

Upon hire, the HR Advisor will determine the rate of pay based on the number of academic semesters completed at the student's highest academic level achieved. Step increase progression for current and returning students occurs on the anniversary of the student’s original start date. Students step in the salary range of their highest academic level, based on completed academic semesters and completed CNSC work terms (1 per calendar year). Post-graduate students are to be remunerated at the Master's or Doctorate rate upon commencement in, or completion of, the post-graduate program.

Students are not entitled to acting pay.

8.         Overtime and Travel Time

Students will be paid overtime and travel time compensation according to the provisions set out in Appendix C (Sections 3 and 4).

9.         Benefits

Students are not entitled to the benefits programs as provided in Appendix B, Section 19.

Appendix E: Non-Salary and Salary Elements of Compensation for Terms Less Than Three (3) Months

1.      Objective

2.      Application

3.      Hours of Work

4.      Leave Provisions

5.      Compensation

6.      Benefits

1.         Objective

The CNSC recognizes that hiring employees for a term of less than three months is an effective means of meeting legitimate operational requirements. There are valid reasons for using short term employment, such as backfilling temporary vacancies resulting from indeterminate employees on leave or assignment, short-term projects or fluctuating workloads. The CNSC also recognizes that this option should only be used in situations where a need clearly exists for a limited time and is not anticipated to become a permanent or ongoing need.

2.         Application

The following terms and conditions of employment outlined in this appendix apply to all employees appointed for a term of less than three months.

3.         Hours of Work

Terms of less than three months follow the same terms and conditions of employment with respect to hours of work and banked time as described in Appendix B (sections 1 and 2).

4.         Leave Provisions

4.1    Annual Leave

Terms of less than three months are not entitled to annual leave with pay. They are to be paid vacation pay equal to 4% of the amount of all hours worked as well as overtime.

If the terms are extended beyond three months, annual leave will be calculated from the date of continuous employment and the vacation pay will not be paid for the period of employment of less than three months.

4.2    Sick Leave

Terms of less than three months are not entitled to paid sick leave but they are entitled to earn sick leave credits for each month in which they are paid for at least 10 days.

This leave will be credited to their leave account only if the employee becomes employed as an indeterminate or term employee of more than three months without a break in service of more than five working days.

4.3    Other leave

Terms of less than three months are not entitled to leave with pay but may be granted other leave without pay at the discretion of the delegated manager for any purpose. Such leave is not to be extended beyond the expiry date of the specified period for which the employee was employed.

5.         Compensation

5.1    Acting pay

Acting pay is to be paid to a term of less than three months who is assigned the duties of a higher classification level on an acting basis for at least the qualifying period specified in Appendix C, section 2.3.

5.2    Overtime and travel time

Terms of less than three months will be paid overtime and travel time compensation in accordance with the provisions set out in Appendix C, sections 3 and 4.

6.         Benefits

Terms of less than three months are not entitled to the benefits programs as provided in Appendix B, section 19.

Appendix F: Grievance Procedure

1.        Informal Resolution Process

2.        Grievance Presentation

3.        Filing a Grievance

4.        Representation

5.        Time Limits

6.        Abandonment of a Grievance

7.        Non-Adjudicable Grievances

1.         Informal Resolution Process

The Employer recognizes the value of informal discussions between employees and their supervisors to the end that problems might be resolved without recourse to a formal grievance.  When an employee, within the time limits prescribed gives notice that he or she wishes to take advantage of this process, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits.

2.         Grievance Presentation

Subject to and as provided in Section 208 of the Public Service Labour Relations Act, an employee who feels treated unjustly or aggrieved by an action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance.

A grievance shall be processed by recourse to the following levels:

(a) level 1: first level management

(b) level 2: intermediate level where such level is established within the Employer

(c) final level: Authorized representative at the vice-president level

Where it appears that the nature of the grievance is such that a decision cannot be given below a particular level of authority, any or all the levels, except the final level may be eliminated by agreement of the Employer and the employee. Where the Employer terminates an employee, the grievance shall be presented at the Final Level only.

Where a grievance relates to an allegation of sexual harassment and the person designated to hear the grievance is the subject of the complaint, the grievance shall be heard by another person, as designated by the Employer.

3.         Filing a Grievance

(a) An employee who wishes to present a grievance at a prescribed level of the grievance procedure shall transmit the grievance to the immediate supervisor who shall forthwith provide the employee with a receipt stating the date on which the grievance was received and submit the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level.

(b)  A grievance of an employee shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer.

(c)  The Employer recognizes that employees have a right to present a grievance or to use the problem-solving processes and shall not seek by intimidation or threat to cause an employee to abandon a grievance or to refrain from exercising their rights.

4.         Representation

An employee may be assisted and/or represented by a person of his or her choice when using the grievance procedure described herein.

5.         Time Limits

An employee may present a grievance at the First Level no later than thirty-five (35) days after the day on which he or she first becomes aware of the action or circumstances giving rise to the grievance.

Except at the final level, the Employer shall reply to an employee's grievance within twenty (20) days after the date the grievance is presented.  Where such decision or settlement is not satisfactory to the employee, or the Employer does not reply within the time frame, he or she may, within fifteen (15) days, submit a grievance at the next higher level.

The Employer shall reply to an employee’s grievance at the Final Level within thirty (30) days after the date the grievance is presented at that level.

Where a grievance or a reply is presented by mail, it shall be deemed to have been presented on the day on which it is postmarked and to have been received on the date it is delivered or five (5) business days after it is postmarked, whichever is the earlier.

With the exception of the section above (mail) for the calculation of time limits as prescribed herein, the number of days are reflective of calendar days, and for greater certainty includes Saturdays, Sundays and designated paid holidays.

The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the employee.

6.         Abandonment of a Grievance

An employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless the employee was unable to comply with the prescribed time limits due to circumstances beyond his or her control.

An employee may abandon a grievance by written notice to his or her immediate supervisor.

7.         Non-Adjudicable Grievances

Where a grievance has been presented up to and including the Final Level in the grievance process, and the grievance is not one that may be referred to adjudication, the decision on the grievance taken at the Final Level in the grievance process is final and binding and no further action may be taken under the Public Service Labour Relations Act.

Where an employee has presented a grievance up to the Final Level in the grievance procedure with respect to:

(a) the interpretation or application in respect of the employee of the terms and conditions of employment;

or

(b) disciplinary action resulting in the termination of employment, demotion, suspension or a financial penalty;

and the grievance has not been dealt with to the employee’s satisfaction, the employee may refer the grievance to adjudication in accordance with the provisions of the Public Service Labour Relations Act and Regulations.

Retroactive Pay During Restructuring

Employees at the REG5 to REG7 levels who are at the maximum rates of pay on April 1, 2016 prior to the restructure will move to the maximum rate of pay effective April 1, 2016 upon implementation of the REG5 to REG7 restructure.

Wages

The wages increases are as follows:

• All REG1 to REG8 staff will receive economic increases of 1.25% per year, for each of the four years (April 1, 2014 to March 31, 2018).
• The REG5 to REG7 salary band was restructured at step 7 and a step 8 was added, effective April 1, 2016 (the net increase at the new maximum was 1.9%).
• The REG1 to REG4 salary band was increased by 0.5%, effective April 1, 2016.
• REG1 to REG4 employees will receive a signing bonus of $650.
• Positions that would be classified as Financial Management
  (FI) positions in the core public service will receive an annual terminable allowance, up to an amount that would make their annual total salary equivalent to the salary of those FI positions.

OR

Wages

1. Effective April 1, 2014, there shall be a 1.25% economic increase to all levels and steps.
2. Effective April 1, 2015, there shall be a 1.25% economic increase to all levels and steps.
3. Effective April 1, 2016, there shall be a 0.5% increase to all steps in levels REG1 to REG4.
4. Effective April 1, 2016, there shall be an restructure of step 7 and the addition of step 8 for levels REG5 to REG7.
5. Effective April 1, 2016, there shall be a 1.25% economic increase to all levels an steps.
6. Effective April 1, 2017, there shall be a 1.25% economic increase to all levels and steps.
7. Effective the date of signing of the collective agreement, all employees classified REG1 to REG4 (with the exception of those employees at REG4 who are eligible to receive a terminable allowance as outlines in MOA#8), will receive a $650 signing bonus.

Appendix G

Salary Grids

April 1, 2013 – old rates

	Step 1	Step 2	Step 3	Step 4	Step 5	Step 6	Step 7	Step 8
REG1	$32,469	$33,768	$35,119	$36,523	$37,984	$39,503	$41,084	$42,818
REG2	$37,909	$39,425	$41,002	$42,641	$44,349	$46,123	$47,968	$49,993
REG3	$44,257	$46,028	$47,869	$49,781	$51,773	$53,843	$55,998	$58,366
REG4	$51,669	$53,737	$55,885	$58,120	$60,445	$62,863	$65,378	$68,142
REG5	$60,146	$63,034	$66,060	$69,230	$72,554	$76,037	$81,949
REG6	$70,224	$73,594	$77,126	$80,830	$84,709	$88,775	$95,673
REG7	$84,607	$88,667	$92,923	$97,385	$102,058	$106,956	$115,273
REG7TS	$90,018	$94,340	$98,868	$103,614	$108,587	$113,798	$122,604
REG8	$95,220	$99,791	$104,581	$109,601	$114,861	$120,374	$126,153	$132,300

April 1, 2014 – economic increase 1.25%

	Step 1	Step 2	Step 3	Step 4	Step 5	Step 6	Step 7	Step 8
REG1	$32,875	$34,190	$35,558	$36,980	$38,459	$39,997	$41,598	$43,353
REG2	$38,383	$39,918	$41,515	$43,174	$44,903	$46,700	$48,568	$50,618
REG3	$44,810	$46,603	$48,467	$50,403	$52,420	$54,516	$56,698	$59,096
REG4	$52,315	$54,409	$56,584	$58,847	$61,201	$63,649	$66,195	$68,994
REG5	$60,898	$63,822	$66,886	$70,095	$73,461	$76,987	$82,973
REG6	$71,102	$74,514	$78,090	$81,840	$85,768	$89,885	$96,869
REG7	$85,665	$89,775	$94,085	$98,602	$103,334	$108,293	$116,714
REG7TS	$91,143	$95,519	$100,104	$104,909	$109,944	$115,220	$124,137
REG8	$96,410	$101,038	$105,888	$110,971	$116,297	$121,879	$127,730	$133,954

April 1, 2015 – economic increase 1.25%

	Step 1	Step 2	Step 3	Step 4	Step 5	Step 6	Step 7	Step 8
REG1	$33,286	$34,617	$36,002	$37,442	$38,940	$40,497	$42,118	$43,895
REG2	$38,863	$40,417	$42,034	$43,714	$45,464	$47,284	$49,175	$51,251
REG3	$45,370	$47,186	$49,073	$51,033	$53,075	$55,197	$57,407	$59,835
REG4	$52,969	$55,089	$57,291	$59,583	$61,966	$64,445	$67,022	$69,856
REG5	$61,659	$64,620	$67,722	$70,971	$74,379	$77,949	$84,010
REG6	$71,991	$75,445	$79,066	$82,863	$86,840	$91,009	$98,080
REG7	$86,736	$90,897	$95,261	$99,835	$104,626	$109,647	$118,173
REG7TS	$92,282	$96,713	$101,355	$106,220	$111,318	$116,660	$125,689
REG8	$97,615	$102,301	$107,212	$112,358	$117,751	$123,402	$129,327	$135,628

April 1, 2016 – restructure | REG1-4 increase 0.5% | REG5-7 restructure of step 7 and add step 8

	Step 1	Step 2	Step 3	Step 4	Step 5	Step 6	Step 7	Step 8
REG1	$33,452	$34,790	$36,182	$37,629	$39,135	$40,699	$42,329	$44,114
REG2	$39,057	$40,619	$42,244	$43,933	$45,691	$47,520	$49,421	$51,507
REG3	$45,597	$47,422	$49,318	$51,288	$53,340	$55,473	$57,694	$60,134
REG4	$53,234	$55,364	$57,577	$59,881	$62,276	$64,767	$67,357	$70,205
REG5	$61,659	$64,620	$67,722	$70,971	$74,379	$77,949	$81,691	$85,612
REG6	$71,991	$75,445	$79,066	$82,863	$86,840	$91,009	$95,377	$99,955
REG7	$86,736	$90,897	$95,261	$99,835	$104,626	$109,647	$114,910	$120,426
REG7TS	$92,282	$96,713	$101,355	$106,220	$111,318	$116,660	$125,689
REG8	$97,615	$102,301	$107,212	$112,358	$117,751	$123,402	$129,327	$135,628

April 1, 2016 – economic increase 1.25%

	Step 1	Step 2	Step 3	Step 4	Step 5	Step 6	Step 7	Step 8
REG1	$33,870	$35,225	$36,634	$38,099	$39,624	$41,208	$42,858	$44,665
REG2	$39,545	$41,127	$42,772	$44,482	$46,262	$48,114	$50,039	$52,151
REG3	$46,167	$48,015	$49,934	$51,929	$54,007	$56,166	$58,415	$60,886
REG4	$53,899	$56,056	$58,297	$60,630	$63,054	$65,577	$68,199	$71,083
REG5	$62,430	$65,428	$68,569	$71,858	$75,309	$78,923	$82,712	$86,682
REG6	$72,891	$76,388	$80,054	$83,899	$87,926	$92,147	$96,569	$101,204
REG7	$87,820	$92,033	$96,452	$101,083	$105,934	$111,018	$116,346	$121,931
REG7TS	$93,436	$97,922	$102,622	$107,548	$112,709	$118,118	$127,260
REG8	$98,835	$103,580	$108,552	$113,762	$119,223	$124,945	$130,944	$137,323

April 1, 2017 – economic increase 1.25%

	Step 1	Step 2	Step 3	Step 4	Step 5	Step 6	Step 7	Step 8
REG1	$34,293	$35,665	$37,092	$38,575	$40,119	$41,723	$43,394	$45,223
REG2	$40,039	$41,641	$43,307	$45,038	$46,840	$48,715	$50,664	$52,803
REG3	$46,744	$48,615	$50,558	$52,578	$54,682	$56,868	$59,145	$61,647
REG4	$54,573	$56,757	$59,026	$61,388	$63,842	$66,397	$69,051	$71,972
REG5	$63,210	$66,246	$69,426	$72,756	$76,250	$79,910	$83,746	$87,766
REG6	$73,802	$77,343	$81,055	$84,948	$89,025	$93,299	$97,776	$102,469
REG7	$88,918	$93,183	$97,658	$102,347	$107,258	$112,406	$117,800	$123,455
REG7TS	$94,604	$99,146	$103,905	$108,892	$114,118	$119,594	$128,851
REG8	$100,070	$104,875	$109,909	$115,184	$120,713	$126,507	$132,581	$139,040

Effective the date of approving this memo, all unrepresented and excluded employees classified REG1 to REG4 (with the exception of those employees at REG4 who are eligible to receive a terminable allowance as outlined above), will receive a $650 one-time lump-sum bonus.

Appendix H

Terminable Allowance

In an effort to address retention and recruitment problems, the Employer will provide a terminable allowance to incumbents of specific positions in the Finance and Administration Directorate performing duties that are equivalent to those classified in the Financial Management (FI) group as defined by Treasury Board Secretariat.

APPLICATION

Commencing on April 1, 2014 and ending March 31, 2018, incumbents of positions identified above shall be paid bi-weekly, subject to the following conditions:

1. The terminable allowance does not form part of the employee’s salary;
2. Part-time employees shall be paid a pro-rated amount in accordance with their scheduled work week;
3. An employee is not entitled to the terminable allowance for any periods of leave without pay;
4. If an employee is required by the employer to perform the duties of a higher classification level in accordance with acting provisions, and that higher level position is also entitled to a terminable allowance, the payable amount shall be proportionate to the time in each level.

2014 Annual Terminable Allowance

	Step 1	Step 2	Step 3	Step 4	Step 5	Step 6	Step 7	Step 8
REG4				$331	$1479	$2533	$3488	$4192
REG5		$2607	$3460	$4169	$4733	$5140	$5388	$3176
REG6		$10086	$10096	$9939	$9607	$9097	$8780	$7756
REG7		$5854	$5624	$5202	$4574	$3728	$3082	$1457

2015 Annual Terminable Allowance

	Step 1	Step 2	Step 3	Step 4	Step 5	Step 6	Step 7	Step 8
REG4				$335	$1498	$2564	$3532	$4245
REG5		$2640	$3503	$4221	$4792	$5205	$5456	$3216
REG6		$10212	$10223	$10063	$9727	$9211	$8889	$7853
REG7		$5927	$5694	$5267	$4631	$3774	$3120	$1475

2016 Annual Terminable Allowance

	Step 1	Step 2	Step 3	Step 4	Step 5	Step 6	Step 7	Step 8
REG4				$643	$1846	$2948	$3952	$4695
REG5		$326	$1095	$1712	$2169	$2462	$2580	$2517
REG6		$7675	$7553	$7246	$6759	$6078	$5589	$7125
REG7		$2727	$2324	$1719	$896			$424

2017 Annual Terminable Allowance

	Step 1	Step 2	Step 3	Step 4	Step 5	Step 6	Step 7	Step 8
REG4				$651	$1869	$2985	$4002	$4753
REG5		$330	$1109	$1734	$2196	$2492	$2612	$2548
REG6		$7771	$7647	$7336	$6844	$6154	$5659	$7214
REG7		$2762	$2353	$1740	$907			$429