ARTICLES 17 to 25
ARTICLE 17, ANNUAL VACATIONS
Paid annual vacations for regular employees shall be as follows:
- In the first calendar year of service: a prorated vacation entitlement based upon time actually worked in the year as a percentage of fifteen (15) working days. Employees commencing employment prior to September 1st may elect to take time-off with pay, or alternatively receive a cash payment, for all annual vacations earned prior to December 31st. Where an employee elects to take the cash payment, such payment will be made after December 31st. Where an employee elects to take time-off, such time must be taken before December 31st. All employees commencing employment after August 31st shall be paid vacation pay at the rate of six percent (6%).
- In the first (1st) year of service as defined in Article 17.03, and up to the end of the fourth (4th) year of service – fifteen (15) days’ vacation per annum.
- In the fifth (5th) year of service as defined in Article 17.03, and up to end of the eighth (8th) year of service – eighteen (18) days’ vacation per annum.
- In the ninth (9th) year of service as defined in Article 17.03, and up to the end of the sixteenth (16th) year of service – twenty-three (23) days’ vacation per annum.
- In the seventeenth (17th) year of service as defined in Article 17.03, and up to the end of the twenty-fourth (24th) year of service – twenty-eight (28) days’ vacation per annum.
- In the twenty-fifth (25th) year of service and thereafter as defined in Article 17.03, and up to the end of the twenty-ninth (29th) year of service – thirty (30) days’ vacation per annum.
- In the thirtieth (30th) year of service and thereafter as defined in Article 17.03, and each year thereafter – thirty-three (33) days’ vacation per annum.
17.02 Termination of Employment
Employees who leave the service of the District before the end of the year will have their vacation entitlement calculated on a prorated basis. In those cases where an employee has taken his/her full vacation entitlement before the end of the year, an appropriate deduction shall be made on termination of employment.
17.03 Vacation Year
For purposes of this Article, annual vacation shall be earned, computed and taken on a calendar year basis.
17.04 Accrual of Vacation
- With the approval of the Chief Administrative Officer, a regular employee may accrue a portion of his/her current annual vacation entitlement. Employees in their first (1st) to tenth (10th) calendar year of service may accrue up to five (5) working days, while employees in their eleventh (11th) and all subsequent calendar years of service may accrue up to ten (10) working days. All requests for accrual of annual vacation should be submitted to the Human Resource Department through the appropriate department head, division head, or supervisor before November 30th of each year, in order that full consideration may be given to such request before year-end.
- Any unused earned vacation, not accrued under this provision, will be taken prior to the end of the calendar year, or if agreed to by the District within a reasonable duration thereafter as deemed suitable by the District. Only in exceptional circumstances, and as may be agreed to by the Chief Administrative Officer, will unused vacation be paid out at the end of the calendar year.
ARTICLE 18, STATUTORY HOLIDAYS
The following have been designated as paid statutory holidays for regular or probationary employees:
|New Year’s Day||Family Day|
|Good Friday||Easter Monday|
|Victoria Day||Canada Day|
|British Columbia Day||Labour Day|
|Thanksgiving Day||Remembrance Day|
|Christmas Day||Boxing Day|
plus (+) any other public holiday proclaimed by the City of Victoria, the Province of British Columbia or the Federal Government.
18.02 Work on a Statutory Holiday
Where a regular or probationary employee is scheduled to work on a statutory holiday, he/she shall be compensated at the rate of double time (2x) for all hours worked on such day and be given a day off with pay in lieu of the holiday.
18.03 Statutory Holidays Falling During Annual Vacation
Where a regular or probationary employee is on annual vacation and a paid statutory holiday occurs and is celebrated during such period, the paid statutory holiday shall not be considered as part of the employee’s vacation, and an additional day-off with pay shall be granted to such employee, at a time acceptable to the employee and the District.
18.04 Statutory Holiday Falling on a Regular Scheduled Rest Day
Where a regular or probationary employee’s regularly scheduled rest day occurs on the day a statutory holiday occurs and is celebrated, he/she shall be given an additional day off in lieu thereof, at a time acceptable to the employee and the District.
ARTICLE 19, SICK LEAVE
- In cases of illness, regular employees, who have completed three (3) months of continuous service, shall be granted sick leave with pay in accordance with the following schedule:
- With the exception of regular employees who were actively employed on June 7, 1984 and who are eligible for the “grandparenting” provisions pursuant to the Letter of Understanding No. 1 attached to this Agreement:
- During the first calendar year of service: one (1) day for each completed month of service commencing upon satisfactory completion of three (3) months of continuous service.
- Upon completion of the first calendar year of service and up to and including the fifth (5th) year of service: twelve (12) days per year.
- Upon completion of the fifth (5th) calendar year of service and up to and including the fifteenth (15th) year of service: eighteen (18) days per year.
- Upon completion of the fifteenth (15th) calendar year of service and each completed year of service thereafter: twenty-four (24) days per year.
- The yearly sick leave entitlements set out in sections (a) through (b) above shall be advanced to employees on January 1st of each year of service. However, should the employment of such employee terminate for any reason before the yearly sick leave entitlement advanced on this basis has been earned in that year, an adjustment shall be made to the employee’s final cheque to repay such advance.
19.02 Proof of Illness
The Employer reserves the right to require satisfactory proof of illness before any sick leave is granted.
Where the Employer requires a medical report during an examination of the “duty to accommodate” (pursuant to the requirements of the Human Rights Code of BC) the Employer shall pay the doctor directly.
19.03 Sick Leave Accrual
With the exception of those regular employees who were actively employed on June 7, 1984, and who are eligible for the “grandparent” provisions pursuant to Letter of Understanding No.1, the unused sick leave entitlement shall accrue and be available to employees as provided in Article 19.01, at the rate of one hundred percent (100%) during the first five (5) years of employment; at the rate of sixty-six and two-thirds percent (66 2/3%) from the sixth (6th) year to and including the fifteenth (15th) year of employment, but in the sixteenth (16th) year and each year thereafter, the amount of accrual shall be fifty percent (50%) of the unused entitlement. The maximum accrual allowance to one (1) employee shall be one hundred and thirty (130) days.
19.04 Sick Leave Payout
No cash payment for unused sick leave will be paid to any employee leaving the service of the Employer.
An employee who receives wage loss benefits from the Insurance Corporation of British Columbia or a court action shall reimburse the Employer (at the rate paid out) for benefits received under Article 19 (Sick Leave) up to the amount of:
- benefits received from the Employer as sick leave under Article 19 (Sick Leave); or
- benefits received from the Insurance Corporation of British Columbia or a court action and designated as compensation for loss of wages, whichever is less.
The sick leave shall be restored to the amount of reimbursement remitted by the employee.
19.06 Sick Leave During Vacation
Where an employee qualifies for sick leave due to illness or injury during the period of vacation time, sick leave shall displace vacation leave. An illness or injury occurring while the employee is on scheduled vacation time shall not be accepted as a claim for sick leave benefits unless recuperation involves hospitalization or confinement to bed by order of a medical practitioner. Written medical verification of such illness or injury and hospitalization or confinement must be provided to the Employer in order for the employee to be eligible for sick leave benefits.
ARTICLE 20, EFFECT OF ABSENCE ON SICK LEAVE, VACATIONS AND STATUTORY HOLIDAYS
20.01 Regular employees shall earn vacation, sick leave and statutory holidays while they are in receipt of paid sick leave, provided the absence from work with pay does not exceed six (6) consecutive months.
20.02 Regular employees shall not earn vacation, sick leave and statutory holidays while they are on:
- paid sick leave longer than six (6) consecutive months;
- Long Term Disability Plan;
- unpaid leave in excess of thirty (30) consecutive days (calculated from the first day of absence of the leave from work with statutory holiday entitlements determined by the Employment Standards Act);
- Workers Compensation in excess of ninety (90) consecutive days.
ARTICLE 21, COMPASSIONATE LEAVE
21.01 Regular employees will normally be granted compassionate leave with pay for the purposes of grieving as follows:
- death of a family member (family member includes spouse, common-law spouse, and same-sex spouse, parents, children, step children, step parents, brother, sister, in-laws, grandparents, grandchildren, foster parents, foster children, or any other relative who has been living at the same residence as the employee) – up to three (3) days;
- the Employer may also authorize reasonable travel time with pay to a maximum of two (2) additional days in instances where such time is deemed appropriate as a result of the location where the employee shall be attending the funeral.
- other than the compassionate leave mentioned above, employees may be granted leave with pay for short periods to attend a funeral or act as a pallbearer – up to one half (½) day per year.
21.02 In the event of the death of a regular employee’s fellow employee or relative not listed in Article 21.01, the employee may be granted reasonable unpaid time off for the purpose of attending the funeral.
21.03 Compassionate Leave While on Vacation
Leave of absence, with pay, shall be granted to an employee in the event of a death of a member of the immediate family defined in Article 21.01 (i) and (ii), Compassionate Leave, while the employee is on annual vacation.
ARTICLE 22, JURY OR COURT WITNESS DUTY
- Where a regular employee, regular probationary or auxiliary employee working full-time shifts in excess of three (3) continuous months has been selected to serve as a juror, or ordered to appear as a witness in any court action, he/she shall be granted leave of absence for such purpose.
- Except where the court action is occasioned by such employee’s private affairs, the leave of absence shall be with pay, provided that the employee turns over to the District any monies received for such service, other than normal expenses.
ARTICLE 23, GENERAL AND OTHER LEAVE
23.01 General Leave
The District may grant approval for a regular employee to take a leave of absence without pay for special proposes. Written requests for such leaves of absence should be submitted to the Human Resources Department through the appropriate department head or section supervisor for processing.
23.02 Leave for Training
Leaves of absence for education, skills upgrading or such other training purposes, as may be approved by the department head and the Chief Administrative Officer, shall not be a reason for loss in seniority. Continuation of all or a portion of the regular employee’s benefits shall be determined in writing, prior to the granting of leaves of absence for this purpose.
23.03 Personal, Emergency and Family Leave
- A regular employee shall in each calendar year be entitled to utilize up to a maximum of three (3) paid work days for the purposes of personal leave (such as, but not limited to, marriage of employee; wedding of the employee’s child; birth or adoption of the employee’s child except while on maternity, parental or adoption leave; citizenship), household or domestic emergency and family illness leave.
- Such leave shall apply only on the work day on which the situation occurs, and provided the Employer is open for business.
- An employee shall get prior approval for the leave from the Employer and schedule the leave to meet operational requirements.
- In the event of an emergency or unforeseeable occurrence the employee shall notify their supervisor of their absence as soon as practical.
- The Employer reserves the right to seek a satisfactory reason for the leave.
23.04 Benefit Trust Leave
An employee who is appointed by CUPE as a Trustee to the Capital Area Benefit Advisory Group or CUPE/GVLRA LTD Trust shall be granted leave of absence without loss of pay to attend meetings of the Trust(s).
ARTICLE 24, LEAVE OF ABSENCE UNION OFFICIALS
24.01 List of Union Officials
The Union shall provide the District with a list of employees who are its elected officers, stewards and other official representatives. This list shall be kept current at all times.
24.02 Leave For Union Business
- All applications for leave of absence to conduct Union business, whether with or without pay, shall be granted only upon application to, and upon receiving permission from the Chief Administrative Officer, or such other management person as designated by the Chief Administrative Officer.
- Not more than three (3) official representatives of the Union shall be granted time-off without loss in regular salary/wages when meeting with official representatives of the District for the purpose of:
- Settling a grievance that has not been referred to a third party or to arbitration,
- Union/Management Committee meetings,
- Safety Committee meetings,
- Reclassification meetings,
- Joint Committees specifically established under the terms of the Memorandum of Agreement,
- Not more than four (4) official representatives of the Union shall be granted time-off without loss in regular salary/wages when meeting with official representatives of the District while negotiating the renewal or revision of this Collective Agreement, where the matters in dispute have not been referred to any third party.
- Official representatives of the Union shall be granted leaves of absence without salary or benefits for the purpose of attending meetings or transacting other business in connection with matters affecting members of the bargaining unit.
- The Union shall provide the District with reasonable notice prior to the commencement of any leave granted under this Article 24.02.
- When leave without pay is granted under section (iv), the District shall not make a deduction from the regular salary or the benefits of the employee(s) on leave provided the Union reimburses the District the amount of the salary and benefit costs within thirty (30) days of the invoicing date by the District.
24.03 Public Office Leave
- The Employer shall grant unpaid leave of absence without loss of seniority so that an employee may stand as a candidate for a federal, provincial or municipal elective public office up to and including eight (8) weeks provided written notice is given to the Employer a minimum of two (2) weeks in advance of the effective date of the leave.
- An employee elected to a full-time public office shall be granted unpaid leave of absence for their term of office. During such leave of absence, seniority, benefits and entitlements shall be frozen and shall not continue to accrue or be utilized by that elected employee.
- An employee elected or appointed to a public office, which is not of a full-time nature, may be granted time off work without pay subject to:
- written application being made to the Employer a minimum of five (5) days in advance; and,
- the unpaid leave of absence shall be taken in a minimum of one (1) day blocks unless otherwise agreed to by the Employer; and,
- the aggregate of unpaid leave of absence shall not exceed ten (10) working days in any calendar year to conduct business or thirty (30) days if serving as Mayor or Chairperson. By mutual agreement of the Parties, this leave may be extended.
- a request for extended leave shall not be unreasonably withheld.
- An employee who obtains such leave of absence pursuant to (ii) above must return to work with the Employer within thirty (30) calendar days after completion of public office.
24.04 Leave for Full-Time Union Duties
- An employee who has been offered a temporary or full-time position with the Canadian Union of Public Employees, the British Columbia Federation of Labour, or the Canadian Labour Congress shall be granted unpaid leave of absence without loss of seniority for the term of their appointment.
- An employee elected to a full-time Union office shall be granted unpaid leave of absence for their term of office. During such leave of absence, seniority, benefits and entitlements shall be frozen and shall not continue to accrue or be utilized by that elected employee.
- A request for such leaves shall be provided to the Employer in writing a minimum of thirty (30) days prior to the effective date of the leave.
- If the Union requests an extension to the leave, then such request shall be made in writing to the Chief Administrative Officer (or designate) at least one (1) month in advance. The request must be discussed as soon as possible between the Chief Administrative Officer (or designate) and Union Representative.
- In the event that an auxiliary employee fills the vacated position and it is extended beyond one (1) year, the auxiliary conversion provisions of the Collective Agreement shall not apply.
ARTICLE 25, MATERNITY, AND PARENTAL LEAVE
For the purpose of this Article “parent” includes a natural, adoptive, or same-sex parent.
25.01 Length of Leave
- Birth Mother
A pregnant employee shall be entitled to up to seventeen (17) consecutive weeks of maternity leave and up to thirty-five (35) consecutive weeks of parental leave, all without pay. The parental leave must immediately follow the maternity leave. In the event the birth mother dies or is totally disabled, an employee who is a parent of the child shall be entitled to both maternity and parental leave without pay.
- Parental Leave
Other than the birth mother, a parent shall be entitled to up to thirty-seven (37) consecutive weeks of parental leave without pay. The employee shall take the leave within fifty-two (52) weeks of the child’s birth or date the child comes within the care and custody of the employee.
- Extensions – Special Circumstances
An employee shall be entitled to extend leave without pay where a physician certifies:
- the birth mother as unable to return to work for medical reasons related to the birth
- the parent is unable to return to work because the child suffers from a physical, psychological, or emotional condition requiring an additional period of parental care.
- Maximum Allowable Leave
It is understood that the maximum allowable leave or combination of leave entitlements pursuant to this Article shall be fifty-two (52) continuous weeks or the maximum permitted by Employment Insurance.
25.02 Notice Requirements and Commencement of Leave
- An employee who requests parental leave shall be required to provide proof of adoption or birth of the child.
- An employee shall provide written notice, at least four (4) weeks in advance, of the intended commencement date of the maternity and/or parental leave. In the case of adoption of a child, the employee shall provide as much notice as possible.
- Where the duties of a pregnant employee cannot reasonably be performed because of the pregnancy an appropriate accommodation shall be explored between the Parties prior to the Employer requiring the pregnant employee to commence maternity leave before her scheduled leave. In such cases the employee’s previously scheduled leave period will not be affected.
- An employee on maternity leave or parental leave shall provide four (4) weeks’ notice prior to the date the employee intends to return to work.
- An employee who wishes to return to work within six (6) weeks following the actual date of the birth may be required to provide a certificate from a medical practitioner stating the employee is able to return to work.
- Where a pregnant employee gives birth before requesting maternity leave or before commencing maternity leave, the maternity leave will be deemed to have started on the date of birth.
25.03 Return to Work
On resuming employment an employee shall be reinstated to their previous position or a comparable position if their previous position has been eliminated, and for the purposes of pay increments and benefits, referenced in 25.05 herein, and vacation entitlement (but not for public holidays or sick leave) maternity and parental leave shall be counted as service. Vacation pay shall be prorated in accordance with the duration of the leave and an employee may elect not to take that portion of vacation which is unpaid.
25.04 Sick Leave
- An employee who suffers any illness or disability prior to commencing maternity leave shall be entitled to sick leave benefits.
- An employee while on maternity leave or parental leave shall not be entitled to sick leave benefits during the period of leave.
- Notwithstanding section (ii), an employee on maternity leave or parental leave who has notified the Employer of their intention to return to work pursuant to Articles 25.02 (iv) and (v) and who subsequently suffers any illness or disability which prevents them from returning to work as scheduled, whether or not such illness or disability is related to pregnancy, shall be entitled to sick leave benefits commencing on the first day on which the employee would otherwise have returned to work.
- MSP, Dental, EHB and Group Life Insurance benefits shall continue uninterrupted during the period of time the employee is on maternity or parental leave and the employee shall make arrangements prior to commencing the leave to pay their share of the benefit premiums for that period where the premiums are cost-shared.
- Pension contributions will cease during the period of the leave unless the employee makes arrangements prior to commencing the leave to pay the contributions pursuant to the provisions of the Municipal Pension Plan.
25.06 Supplementary Employment Insurance Benefits
- The SEIB Plan is intended to supplement the Employment Insurance benefits received by an employee while they are temporarily unable to work as a result of giving birth.
- Birth mothers who are entitled to maternity leave and who have applied for and are in receipt of Employment Insurance benefits are eligible to receive SEIB Plan payments.
- Subject to the approval of the Employment Insurance Commission, parents who, due to the death or total disability of the birth mother, have applied for and are in receipt of Employment Insurance maternity benefits are eligible to receive SEIB Plan payments.
- The SEIB Plan payment is based on the difference between the Employment Insurance benefit plus any other earnings received by an employee and one hundred percent (100%) of their gross weekly earnings and is paid for the first seventeen (17) weeks, which includes the two (2) week Employment Insurance waiting period, and provided the employee continues to receive Employment Insurance benefits.
- Should an employee resign prior to the expiration of their maternity or parental leave, or fail to remain in the active employ of the Employer for at least six (6) months after their return to work, the Employer shall recover monies paid pursuant to the SEIB Plan on a pro-rated basis.
- The Plan meets the requirements of Section 38 of the Employment Insurance Regulations, specifically that, when combined with an employee’s weekly Employment Insurance benefit, the payment will not exceed the claimant’s normal weekly earnings from employment and an employee’s accumulated leave credits will not be reduced.
- Income tax rules or regulations may require a payback of Employment Insurance earnings depending upon the tax rules in effect at the time an employee is receiving benefits. Under this SEIB Plan the Employer does not guarantee any specific level of earnings but rather is liable only for the payment of the benefit as described above. The Employer, under no circumstance, will be responsible for any payback arising from changes to or the application of the tax regulations.
Seniority shall continue to accrue to the credit of the employee taking leave under this Article.