Collective Agreement between the Canadian Food Inspection Agency and the Professional Institute of the Public Service of Canada regarding the Informatics (IN) Group Bargaining Unit
Part B - Working Conditions

**Article B1 - Hours of Work

B1.01 Day Work

  1. The normal work week shall be thirty-seven and one-half (37½) hours and the normal work day shall be seven and one-half (7½) consecutive hours, exclusive of a meal period, between the hours of 6:00 a.m. and 6:00 p.m. The normal work week shall be Monday to Friday inclusive.
  2. Where normal hours are to be changed so that they are different from those specified in clause B1.01(a) the Employer, in advance, except in cases of emergency, will consult with the Institute on such hours of work, and in such consultation, will show that such hours are required to meet the needs of the public and/or efficient operation of the Agency.

B1.02 The Employer, to allow for the summer and winter hours, provided the annual total is not changed, may vary the normal weekly and daily hours of work.

B1.03 Days of Rest

An employee shall be granted two (2) consecutive days of rest during each seven (7) day period unless operational requirements do not so permit.

B1.04 Shift Work

When, because of the operational requirements of the Service, hours of work are scheduled for employees on a rotating or irregular basis, they shall be scheduled so that employees work an average of thirty-seven and one-half (37½) hours per week exclusive of meal breaks.

B1.05 The Employer will make every reasonable effort:

  1. not to schedule the commencement of a shift within sixteen (16) hours of the completion of the employee's previous shift;
  2. to avoid excessive fluctuation in hours of work; and
  3. to grant days of rest which should be consecutive but may be in separate calendar weeks.

B1.06 The staffing, preparation, posting and administration of shift schedules is the responsibility of the Employer.

B1.07 The Employer shall set up a shift schedule which shall cover a minimum period of one (1) week, posted two (2) weeks in advance of the commencement of the scheduled period, which will cover the normal requirements of the work area.

B1.08 Provided sufficient advance notice is given and with the approval of the Employer, employees may exchange shifts if there is no increase in cost to the Employer.

B1.09 Where a new shift schedule has to be introduced by the Employer or an existing shift schedule has to be modified, the Employer, in advance, except in cases of emergency, will consult with the Institute on the timing of such shifts.

B1.10 Attendance Registers

Employees will submit monthly attendance registers; only hours of overtime and absences need to be specified.

B1.11 Consultation Regarding Change in Hours

The representative of each of the parties hereto shall, during the currency of this agreement, meet and consider the practicality of instituting work schedules that vary from seven and one-half (7½) hours per day, Monday through Friday each week, and/or vary from five (5) days per week. The parties shall make every reasonable effort to establish mutually acceptable work schedules that are consistent with operational requirements and shall particularly consider any specific proposals made by an employee or employees. If employees' requests for a variation in hours of work are consistent with the needs of the operational requirements, then such requests shall be implemented.

Notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in hours shall not result in any additional overtime work or additional payment by reason only of such variation nor shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the terms of this Agreement.

**B1.12 For an employee who completes required hours of work pursuant to clause B1.11, the agreement shall be administered as follows:

  1. **Article A7 – Interpretation and Definitions

    Sub-clause A7.01 (e) "daily rate of pay" shall not apply.

  2. Article B5 – Designated Paid Holidays

    A designated paid holiday shall account for seven and one-half (7½) hours.

B1.13 Shift Premium

An employee on shift work shall receive a shift premium of two dollars ($2.00) per hour for all hours (including overtime hours) worked between 4:00 p.m. and 8:00 a.m. The shift premium will not be paid for hours worked between 8:00 a.m. and 4:00 p.m.

B1.14 Weekend Premium

  1. An employee shall receive an additional premium of two dollars ($2.00) per hour for work on Saturday and/or Sunday for hours worked as stipulated in sub-clause B1.14(b) below.
  2. Weekend premium shall be payable in respect of all regularly scheduled hours at straight-time hourly rates worked on Saturday and/or Sunday.

**Article B2 - Overtime

B2.01 An employee at Level CS-01, CS-02, CS-03 or CS-04 who is required to work overtime shall be compensated as follows:

  1. on a normal work day at the rate of time and one-half (1½) for the first seven and one-half (7½) overtime hours worked and double (2) time thereafter;
  2. on days of rest at the rate of time and one-half (1½) for the first seven and one-half (7½) 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 of rest such employees shall be compensated on the basis of double (2) time for all hours worked on the second and each subsequent day of rest;
  3. where an employee is required to work a continuous period of overtime during which he or she becomes entitled to be paid at the double (2) time rate, the employee will continue to be paid at that rate until the conclusion of the overtime period;
  4. no employee will be required to work more than twenty-four (24) continuous hours without a break of at least twelve (12) hours before reporting back to work.

B2.02 Meal Allowance

  1. An employee who works three (3) or more hours of overtime immediately following such employee's normal hours of work shall be reimbursed his or her expenses for one meal in the amount of ten dollars and fifty cents ($10.50) except where free meals are provided.
  2. For each four (4) hours an employee works overtime continuously extending beyond the period provided in (a) above, such employee shall be reimbursed for one additional meal in the amount of ten dollars and fifty cents ($10.50) except where free meals are provided.
  3. Reasonable time with pay, to be determined by the Employer, shall be allowed the employee in order that the employee may take a meal break either at or adjacent to his or her place of work.
  4. This clause shall not apply to an employee who is in travel status that entitles the employee to claim expenses for lodging and/or meals.

B2.03 Reporting Pay

When an employee is required to report for work on a day of rest or a designated paid holiday, the employee shall be paid the greater of:

  1. compensation at the applicable overtime rate, or
  2. compensation equivalent to four (4) hours' pay at the employee's hourly rate of pay, except that the minimum of four (4) hours' pay shall apply the first time only an employee is required to report for work during a period of eight (8) hours, starting with the employee's first reporting.

If an employee is given instructions during his or her workday to work non-contiguous overtime on that day and works such overtime, the employee shall be paid for the time actually worked, or a minimum of two (2) hours' pay at the straight-time rate, whichever is greater.

B2.04 General

Employees shall record starting and finishing times of overtime work in a form determined by the Employer.

B2.05 All calculations for overtime shall be based on each complete period of fifteen (15) minutes.

B2.06 Except in cases of emergency, call-back, or mutual agreement, the Employer shall, wherever possible, give at least twelve (12) hours' notice of any requirement for overtime.

B2.07 The Employer will endeavour to make cash payments for overtime in the month following the month which the credits were granted.

**B2.08 When, in a situation involving overtime, an employee is required to report to work before public transportation services have commenced, or to remain at work or to return to work after normal transportation services have been suspended, the use of a taxi or the payment of kilometrage rate, as appropriate, shall be authorized from the employee's residence to the workplace and/or return if necessary.

**Article B3 - Call-Back

B3.01 When an employee, after having completed his or her normal hours of work, has left the place of work and prior to reporting for his or her next regular scheduled work period, is called back to work for a period of non-contiguous overtime, the employee shall be paid the greater of:

  1. the minimum of three (3) hours' pay at the applicable overtime rate; or
  2. compensation at the applicable rate of the overtime worked.

**B3.02 When an employee is called back to work under the conditions described in clause B3.01 and is required to use transportation services other than normal public transportation services, the employee shall be reimbursed for reasonable expenses incurred as follows:

  1. kilometric allowance at the rate normally paid by the Employer where the employee travels by means of his automobile; or
  2. out-of-pocket expense for other means of commercial transportation.

Time spent by the employee called back to work or returning to his or her residence shall not constitute time worked.

**Article B4 - Stand-By

**B4.01 When the Employer requires an employee to be readily available on stand-by during off-duty hours, an employee shall be compensated at the rate of one-half (½) hour for each four (4) hour period or portion thereof for which he or she has been designated as being on stand-by duty.

**B4.02 An employee designated by letter or by list for stand-by duty shall be readily available during his or her period of stand-by at a known telephone number and be able to return for duty as quickly as possible if called. In designating employees for stand-by duty, the Employer will endeavour to provide for the equitable distribution of stand-by duties.

B4.03 No stand-by duty payment shall be granted if an employee is unable to report for duty when required.

B4.04 An employee on stand-by duty who is required to report to work shall be paid, in addition to the stand-by pay, the greater of:

  1. the applicable overtime rate for the time worked; or
  2. the minimum of three (3) hours' pay at the applicable rate for overtime; except that this minimum shall apply once during a single period of eight (8) hours' stand-by duty.

B4.05 When an employee on stand-by duty is called back for work under the conditions described in clause B4.04 and is required to use transportation services other than normal public transportation services, the employee shall be compensated in accordance with clause B3.03 of this Agreement.

B4.06 The Employer agrees that in the areas and in the circumstances where electronic paging devices are both practicable and efficient, such devices will be provided without cost to those employees on stand-by duty.

Article B5 - Designated Paid Holidays

B5.01 Subject to clause B5.02, the following days shall be designated paid holidays for employees:

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

B5.02 An employee absent without pay on both his or her full working day immediately preceding and his or her full working day immediately following a designated paid holiday is not entitled to pay for the holiday, except in the case of an employee who is granted leave without pay under the provisions of Article C5-Leave for Staff Relations Matters.

B5.03 Designated Paid Holiday Falling on a Day of Rest

When a day designated as a paid holiday under clause B5.01 coincides with an employee's day of rest, the holiday shall be moved to the employee's first normal working day following his or her day of rest.

B5.04 When a day designated as a paid holiday for an employee is moved to another day under the provisions of clause B5.03:

  1. work performed by an employee on the day from which the holiday was moved shall be considered as work performed on a day of rest; and
  2. work performed by an employee on the day to which the holiday was moved, shall be considered as work performed on a holiday.

B5.05 Designated Paid Holiday coinciding with a Day of Paid Leave

Where a day that is a designated paid holiday for an employee coincides with a day of leave with pay or is moved as a result of the application of clause B5.03, that day shall count as a holiday and not count as a day of leave.

B5.06 Compensation for Work on a Paid Holiday

Compensation for work on a paid holiday shall be as follows:

  1. on a designated paid holiday, at the rate of time and one-half (1½) for each first seven and one-half (7½) hours worked and double (2) time thereafter;
  2. when an employee works on a holiday, which is not his scheduled day of work, contiguous to a day of rest on which the employee also worked, such employee shall be compensated on the basis of double (2) time for each hour worked.

**Article B6 - Travelling Time

B6.01 For the purposes of this Agreement, travelling time is compensated for only in the circumstances and to the extent provided for in this Article.

B6.02 When an employee is required to travel outside his or her headquarters area on government business, as these expressions are defined by the Employer, the time of departure and the means of such travel shall be determined by the Employer and the employee will be compensated for travel time in accordance with clauses B6.03 and B6.04. Travelling time shall include time necessarily spent at each stop-over en route provided that such stop-over does not include an overnight stay.

B6.03 For the purposes of clauses B6.02 and B6.04, the travelling time for which an employee shall be compensated is as follows:

  1. For travel by public transportation, the time between the scheduled time of departure and the time of arrival at a destination, including the normal travel time to the point of departure, as determined by the Employer.
  2. For travel by private means of transportation, the normal time as determined by the Employer to proceed from the employee's place of residence or workplace, as applicable, directly to his or her destination and, upon his or her return, directly back to his or her residence or workplace.
  3. In the event that an alternate time of departure and/or means of travel is requested by the employee, the Employer may authorize such alternate arrangements in which case compensation for travelling time shall not exceed that which would have been payable under the Employer's original determination.

B6.04 If an employee is required to travel as set forth in clauses B6.02 and B6.03:

  1. On a normal working day on which he or she travels but does not work, the employee shall receive his or her regular pay for the day.
  2. On a normal working day on which he or she travels and works, the employee shall be paid:
    1. his or her regular pay for the day for a combined period of travel and work not exceeding eight (8) hours; and
    2. at the applicable overtime rate for additional travel time in excess of an eight (8) hour period of work and travel, with a maximum payment for such additional travel time not to exceed twelve (12) hours' pay at the straight-time rate in any day.
  3. On a day of rest or on a designated holiday, the employee shall be paid at the applicable overtime rate for hours travelled to a maximum of twelve (12) hours' pay at the straight-time rate.

B6.05 Compensation shall not be paid for travelling time to courses, training sessions, conferences and seminars to which an employee is sent for the purpose of career development, unless the employee is required to attend by the Employer.

B6.06 This Article does not apply to an employee required to perform work in any type of transport in which such employee is travelling. In such circumstances, the employee shall receive the greater of:

  1. on a normal working day, his or her regular pay for the day; or
  2. pay for actual hours worked in accordance with Article B2-Overtime, of this Agreement.

**B6.07 Travel Status Leave

  1. An employee who is required to travel outside his headquarters area on government business, as these expressions are defined by the Employer, and is away from his permanent residence for forty (40) nights during a fiscal year shall be granted seven decimal five (7.5) hours off with pay. The employee shall be credited with an additional seven decimal five (7.5) hours off for each additional twenty (20) nights that the employee is away from his permanent residence to a maximum of eighty (80) nights.
  2. The maximum number of hours off earned under this clause shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year and shall accumulate as compensatory leave with pay.
  3. **This leave with pay is deemed to be compensatory leave and is subject to Article B21– Compensatory Leave With Pay.
  4. The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars.

**Article B7 - Leave – General

B7.01

  1. When an employee becomes subject to this Agreement, his or her earned daily leave credits shall be converted into hours. When an employee ceases to be subject to this Agreement, his or her earned hourly leave credits shall be reconverted into days, with one day being equal to seven and one-half (7½) hours.
  2. When leave is granted, it will be granted on an hourly basis and the number of hours debited for each day of leave being equal to the number of hours of work scheduled for the employee for the day in question.
  3. Notwithstanding the above, in clause B10.01 of Article B10-Bereavement Leave with Pay, a "day" will mean a calendar day.

B7.02 When the employment of an employee who has been granted more vacation or sick leave with pay than the employee has earned is terminated by death or lay-off, the employee is considered to have earned the amount of leave with pay granted to the employee.

B7.03 An employee is entitled, once in each fiscal year, to be informed, upon request, of the balance of vacation or sick leave with pay credits.

B7.04 The employee shall retain the amount of leave with pay credited to the employee by the Employer at the time when this Agreement is signed, or at the time when the employee becomes subject to this Agreement.

B7.05 An employee is not entitled to leave with pay during periods the employee is on leave without pay, on education leave or under suspension.

B7.06 Except as otherwise specified in this Agreement:

  1. where leave without pay for a period in excess of three (3) months is granted to an employee for reasons other than illness, the total period of leave granted shall be deducted from "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave;
  2. time spent on such leave which is for a period of more than three (3) months shall not be counted for pay increment purposes.

**B7.07 Notwithstanding anything contained in Article B8-Vacation Leave, Article B9-Sick Leave, or Article B22-Leave With or Without Pay for Other Reasons, an employee shall not be granted vacation leave, sick leave or other types of leave with pay while he or she is on leave without pay or under suspension.

B7.08 In respect to applications for leave made pursuant to this Collective Agreement, the employee may be required to provide satisfactory validation of the circumstances necessitating requests.

**B7.09 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 vacation and sick leave taken by the employee, as calculated from the classification prescribed in the employee's certificate of appointment on the date of the termination of the employee's employment.

**Article B8 - Vacation Leave

B8.01 The vacation year shall be from April 1st to March 31st, inclusive.

B8.02 Accumulation of Vacation Leave Credits

An employee shall earn vacation leave credits at the rate described below for each calendar month during which he or she receives pay for at least seventy-five (75) hours.

  1. nine point three seven five (9.375) hours until the month in which the employee's eighth (8th) anniversary of service occurs;
  2. twelve point five (12.5) hours commencing with the month in which the employee's eighth (8th) anniversary of service occurs;
  3. thirteen point seven five (13.75) hours commencing with the month in which the employee's sixteenth (16th) anniversary of service occurs;
  4. fourteen point three seven five (14.375) hours commencing with the month in which the employee's seventeenth (17th) anniversary of service occurs;
  5. fifteen point six two five (15.625) hours commencing with the month in which the employee's eighteenth (18th) anniversary of service occurs;
  6. sixteen point eight seven five (16.875) hours commencing with the month in which the employee's twenty-seventh (27th) anniversary of service occurs;
  7. eighteen point seven five (18.75) hours commencing with the month in which the employee's twenty-eighth (28th) anniversary of service occurs.

Conversion Examples:

Monthly Hours Annual Hours Annual Days
9.375 hours 112.5 hours 15 days
12.500 hours 150.0 hours 20 days
13.750 hours 165.0 hours 22 days
14.375 hours 172.5 hours 23 days
15.625 hours 187.5 hours 25 days
16.875 hours 202.5 hours 27 days
18.750 hours 225.0 hours 30 days

**B8.03

  1. For the purpose of clause B8.02 only, all service within the Public Service and the Canadian Food Inspection Agency, whether continuous or discontinuous, shall count toward vacation leave except where a person who, on leaving the Canadian Food Inspection Agency or the Public Service, takes or has taken severance pay. However, the above exception shall not apply to an employee who receives severance pay on lay-off and is re-appointed to the Canadian Food Inspection Agency within one year following the date of lay-off. For greater certainty, severance termination benefits taken under clauses B25.05 to B25.08, or similar provisions in other collective agreements, do not reduce the calculation of service for employees who have not left the public service.
  2. **For the purpose of clause 8.03(a) only, effective April 1, 2012 and forward from that date, any former service in the Canadian Forces for a continuous period of six (6) months or more, either as a member of the Regular Forces or of the Reserve Force while on Class B or C service, shall also be included in the calculation of vacation leave credits.

**B8.04 Entitlement to Vacation Leave with Pay

An employee is entitled to vacation leave with pay to the extent of his or her earned credits, but an employee who has completed six (6) months of continuous employment may receive an advance of credits equivalent to the anticipated credits for the current vacation year.

B8.05 Provision for Vacation Leave

In order to maintain operational requirements, the Employer reserves the right to schedule an employee's vacation leave but shall make reasonable effort:

  1. to provide an employee's vacation leave in an amount and at such time as the employee may request;
  2. not to recall an employee to duty after the employee has proceeded on vacation leave.

B8.06 The Employer shall give the employee as much notice as is practicable that a request for vacation leave has or has not been approved.  If the leave is not approved, the employee shall be so advised immediately.

B8.07 Carry-Over and/or Liquidation of Vacation Leave

Where in any vacation year all of the vacation leave credited to an employee has not been scheduled, upon request, the employee may carry over into the following vacation year up to a maximum of two hundred sixty-two point five (262.5) hours credits. All vacation leave credits in excess of two hundred sixty-two point five (262.5) hours will be paid in cash at the employee's daily rate of pay as calculated from the classification prescribed in his or her certificate of appointment of his or her substantive position on the last day of the vacation year.

B8.08 During any vacation year, upon application by the employee and at the discretion of the Employer, earned but unused vacation leave credits in excess of one hundred twelve point five (112.5) hours may be paid in cash at the employee's daily rate of pay as calculated from the classification prescribed in his or her certificate of appointment of his or her substantive position on March 31st of the previous vacation year.

B8.09 Recall from Vacation Leave

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

  1. in proceeding to his or her 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 assignment for which the employee was recalled after submitting such accounts as are normally required by the Employer.

B8.10 The employee shall not be considered as being on vacation or compensatory leave during any period in respect of which the employee is entitled under clause B8.09 to be reimbursed for reasonable expenses incurred by him or her.

B8.11 Cancellation or Alteration of Vacation Leave

When the Employer cancels or alters a period of vacation or compensatory 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.

**B8.12 Leave when Employment Terminates

When an employee dies or otherwise ceases to be employed, he or she or the employee's estate shall be paid an amount equal to the product obtained by multiplying the number of hours of earned but unused vacation leave with pay to his or her credit by the hourly rate of pay as calculated from the classification prescribed in his or her certificate of appointment on the date of the termination of his or her employment.

**B8.13 Abandonment

Notwithstanding clause B8.12, an employee whose employment is terminated by reason of a declaration that such employee abandoned his or her position is entitled to receive the payment referred to in clause B8.12 if the employee requests it within six (6) months following the date upon which his or her employment is terminated.

**B8.14 Replacement of Vacation Leave

Where in respect of any period of vacation leave with pay, an employee:

  1. is granted bereavement leave; or
  2. is granted leave with pay because of illness in the immediate family; or
  3. is granted sick leave;

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

**B8.15 Vacation Leave Credits for Severance Pay

Where the employee requests, the Employer shall grant the employee his or her unused vacation leave credits prior to termination of employment if this will enable such employee, for purposes of severance pay, to complete the first (1st) year of continuous employment in the case of lay-off.

**B8.16 Appointment to a Schedule I, IV, or V Employer

Notwithstanding clause B8.12, an employee who resigns to accept employment with an organization listed in Schedule I, IV or V of the Financial Administration Act may choose not to be paid for earned but unused vacation leave credits provided that the appointing organization will accept such credits.

**B8.17 Appointment from a Schedule I, IV or V Employer

The Employer agrees to accept unused vacation leave credits up to a maximum of two hundred and six-two decimal five (262.5) hours of an employee who resigns from an organization listed in Schedule I, IV or V of the Financial Administration Act in order to take a position with the Employer if the transferring employee is eligible and has chosen to have these credits transferred.

**B8.18

  1. Employees shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay on the first (1st) day of the month following the employee's second (2nd) anniversary of service, as defined in clause B8.03.
  2. The vacation leave credits provided in clauses B8.18 (a) above shall be excluded from the application of paragraph B8.07 and B8.08 dealing with Carry-over and/or Liquidation of Vacation Leave.

**Article B9 - Sick Leave

**B9.01 Credits

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

**B9.02 A shift worker shall earn additional sick leave credits at the rate of one decimal two five (1.25) hours for each calendar month during which he or she works shifts and he or she receives pay for at least seventy-five (75) hours. Such credits shall not be carried over in the next fiscal year and are available only if the employee has already used one hundred and twelve decimal five (112.5) hours sick leave credits during the current fiscal year.

B9.03 An employee shall be granted sick leave with pay when such employee is unable to perform his or her duties because of illness or injury provided that:

  1. the employee satisfies the Employer of this condition in such a manner and at such a time as may be determined by the Employer, and
  2. the employee has the necessary sick leave credits.

B9.04 Unless otherwise informed by the Employer, a statement signed by the employee stating that because of illness or injury he or she was unable to perform his or her duties shall, when delivered to the Employer, be considered as meeting the requirements of clause B9.03(a).

B9.05 An employee shall not be granted sick leave with pay during any period in which the employee is on leave of absence without pay, or under suspension.

B9.06 When an employee is granted sick leave with pay and injury-on-duty leave is subsequently approved for the same period, it shall be considered for the purpose of the record of sick leave credits that the employee was not granted sick leave with pay.

**B9.07 Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause B9.03, sick leave with pay may, at the discretion of the Employer, be granted to an employee for a period of up to one hundred and eighty-seven decimal five (187.5) hours, subject to the deduction of such advanced leave from any sick leave credits subsequently earned with the Employer.

B9.08 The Employer may for good and sufficient reason advance sick leave credits to an employee when a previous advance has not been fully reimbursed.

B9.09 Sick leave credits earned but unused by an employee during a previous period of employment with the Public Service and the Canadian Food Inspection Agency shall be restored to an employee whose employment was terminated by reason of lay-off and who is re-appointed in the Canadian Food Inspection Agency within two (2) years from the date of layoff.

**B9.10 Sick leave credits earned but unused by an employee during a previous period of employment in the public service shall be restored to an employee whose employment was terminated due to the end of a specified period of employment, and who is re-appointed by the Canadian Food Inspection Agency within one (1) year from the end of the specified period of employment.

**Article B10 - Bereavement Leave

**B10.01 For the purpose of this Article, immediate family is defined as father, mother (or alternatively stepfather, stepmother or foster parent), brother, sister, spouse (including common-law partner residing with the employee), child (including child of common-law partner), stepchild or ward of the employee, grandparent, grandchild, father-in-law, mother-in-law, and any relative permanently residing in the employee's household or with whom the employee permanently resides.

  1. **When a member of the employee's immediate family dies, the employee shall be entitled to a single bereavement period of seven (7) consecutive calendar days. Such bereavement period, as determined by the employee, must include the day of the memorial commemorating the deceased or must begin within two (2) days following the death. During such period, the employee shall be paid for those days which are not regularly scheduled days of rest for the employee. In addition, the employee may be granted up to three (3) days' leave with pay for the purpose of travel related to the death.
  2. An employee is entitled to up to one (1) day's bereavement leave with pay for the purpose related to the death of his or her son-in-law, daughter-in-law, brother-in-law or sister-in-law.
  3. It is recognized by the parties that the circumstances which call for leave in respect of bereavement are based on individual circumstances. On request, the President of the CFIA may, after considering the particular circumstances involved, grant leave with pay for a period greater than that provided for in sub-clauses B10.01(a) and (b).
  4. If, during a period of sick leave, vacation leave or compensatory leave, an employee is bereaved in circumstances under which the employee would have been eligible for bereavement leave with pay under this Article, the employee shall be granted bereavement leave with pay and his or her paid leave shall be restored to the extent of any concurrent bereavement leave with pay granted.

Article B11 - Maternity and Parental Leave Without Pay

B11.01 Maternity and Parental Leave without Pay

  1. An employee who becomes pregnant shall, upon request, be granted maternity leave without pay for a period beginning before, on or after the termination date of pregnancy and ending no later than eighteen (18) weeks after the termination date of pregnancy.
  2. Where an employee has or will have actual care and custody of a newborn child, (including the new-born child of a common-law partner) or commences legal proceedings to adopt a child or obtains an order under the laws of a province for the adoption of a child, the employee shall be granted parental leave without pay upon request for a single period of up to thirty seven (37) consecutive weeks in the fifty-two (52) week period commencing on the day on which the child comes into the employee's care.
  3. Notwithstanding paragraph (b) above, at the request of an employee and at the discretion of the Employer, the leave referred to in paragraph (b) above may be taken in two (2) periods.
  4. Notwithstanding paragraphs (a) and (b):
    1. where the employee's child is hospitalized and the employee has not yet proceeded on maternity or parental leave without pay, or
    2. where the employee has proceeded on maternity and/or parental leave without pay and then returns to work for all or part of the period during which his or her child is hospitalized,
    the period of maternity and/or parental leave without pay specified in the original leave request may be extended by a period equal to the child's hospitalization during which the employee was not on maternity and/or parental leave without pay (to a maximum of eighteen (18) weeks for maternity leave). However, the extension shall end not later than fifty-two (52) weeks after the termination date of pregnancy or the day the child comes into the employee's care.
  5. The Employer may require an employee to submit a medical certificate certifying pregnancy, or submit a birth certificate or proof of adoption.
  6. An employee shall inform the Employer in writing of his or her plans for taking maternity and/or parental leave without pay to cover the absence from work at least four (4) weeks in advance of the initial date of continuous leave of absence, unless there is a valid reason why the notice cannot be given.
  7. Leave granted under this clause shall count for the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave shall count for pay increment purposes.
  8. Parental leave without pay taken by a couple employed by the Agency shall not exceed a combined total of thirty-seven (37) weeks.
  9. An employee who has not commenced maternity leave without pay may elect to:
    1. use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates;
    2. use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in Article B9-Sick Leave. For purposes of this paragraph, the terms "illness" or "injury" used in Article B9-Sick Leave, shall include medical disability related to pregnancy.
  10. The Employer may:
    1. defer the commencement of parental leave without pay at the request of the employee;
    2. grant the employee parental leave without pay with less than four (4) weeks' notice;
    3. require an employee to submit a birth certificate or proof of adoption of the child.

B11.02 Maternity And/Or Parental Allowance

  1. An employee who has been granted maternity and/or parental leave without pay shall be paid an allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described below providing he or she:
    1. has completed six (6) months of continuous employment before the commencement of the leave,
    2. provides the Employer with proof of application for and receipt of pregnancy or parental benefits in accordance with Employment Insurance or the Québec Parental Insurance Plan in respect of insurable employment with the Employer, and
    3. signed an agreement with the Employer stating that he or she will return to work following the approved leave period (unless modified by a period of other approved leave) for a period equal to that for which an allowance was paid.
  2. Should an employee fail to return to work or fail to work the period specified in B11.02 (a)(iii) for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in B11.02 (a)(iii), or having become disabled with the meaning of the Public Service Superannuation Act, the employee shall repay to the Employer on a pro rata basis as follows:

    [allowance received] X

    [remaining period to be worked following return to work]
    ______________________________________________

    [total period to be worked as specified in (a) (iii)]

    However, an employee whose specified period of employment expired and who is rehired by the Employer within a period of five (5) days or less is not indebted for the amount if the new period of employment is sufficient to meet the obligations specified in (a) (iii).

  3. For the purpose of B11.02 (a) (iii) and (b), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in B11.02 (a) (iii) without activating the recovery provisions described in B11.02 (b).
  4. Maternity or Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
    1. where the employee is subject to a two-week waiting period before receiving Employment Insurance maternity or parental benefits, ninety-three percent (93%) of his or her weekly rate of pay for each week, less any other monies earned during this period, and
    2. for each week the employee receives maternity, parental, adoption or paternity benefits under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three percent (93%) of his or her weekly rate of pay for each week and the maternity, parental, adoption or paternity benefits less any other monies earned during this period which may result in a decrease in the maternity, parental, adoption or paternity benefits to which the employee would have been eligible if no extra monies had been earned during this period.
    3. where an employee has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefit under the Québec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to receive a further parental allowance for a period of two (2) weeks, ninety-three percent (93%) of her weekly rate of pay for each week less any other monies earned during this period.
  5. At the employee's request, the payment referred to in B11.01 (d)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI maternity or EI parental benefits.
  6. The maternity and parental allowance to which an employee is entitled is limited to that provided in B11.02(d) and an employee will not be reimbursed for any amount required to be repaid pursuant to the Employment Insurance Act or the Québec Parental Insurance Plan.
  7. The weekly rate of pay referred to in sub-clause (d) shall be:
    1. for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity and/or parental leave without pay;
    2. for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity and/or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in B11.02(g)(i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
  8. The weekly rate of pay referred to in B11.02(g) shall be the rate to which the employee is entitled for his or her substantive level to which the employee is appointed.
  9. Notwithstanding B11.02(h) and subject to B11.02(g)(ii), if on the day immediately preceding commencement of maternity and/or parental leave without pay, an employee has been on an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
  10. Where an employee becomes eligible for a pay increment or pay revision while in receipt of the maternity or parental allowance, the allowance shall be adjusted accordingly.
  11. Maternity or parental allowance payments made under the SUB plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
  12. The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.

B11.03 Special Allowance for Totally Disabled Employees

  1. An employee who fails to qualify for Employment Insurance or Québec Parental Insurance Plan maternity and/or parental benefits solely because of 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, or the Government Employees Compensation Act, and who has completed six (6) months of continuous employment before the commencement of the leave shall be paid, in respect of each week of benefits under the maternity and/or parental allowance not received for the reason described herein, the difference between ninety-three percent (93%) of the employee's rate of pay and the gross amount of his or her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.
  2. An employee shall be paid an allowance under this clause and under B11.02 for a combined period of no more than the number of weeks during which the employee would have been eligible for maternity, parental, adoption or paternity benefits under the Employment Insurance or the Québec Parental Insurance Plan, had the employee not been disqualified from Employment Insurance or Québec Parental Insurance maternity and parental benefits for the reasons described above.

Article B12 - Maternity-related Reassignment or Leave

B12.01

  1. An employee who is pregnant or nursing may, during the period from the beginning of pregnancy to the end of the twenty-fourth (24th) week following the birth, request the Employer to modify her job functions or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of her current functions may pose a risk to her health or that of the foetus or child.
  2. An employee's request under sub-clause B12.01(a) must be accompanied or followed as soon as possible by a medical certificate indicating the expected duration of the potential risk and the activities or conditions to avoid in order to eliminate the risk. Dependant upon the particular circumstances of the request, the Employer may obtain an independent medical opinion.
  3. An employee who has made a request under sub-clause B12.01(a) is entitled to continue in her current job while the Employer examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to be immediately assigned alternative duties until such time as the Employer:
    1. modifies her job functions or reassigns her, or
    2. informs her in writing that it is not reasonably practicable to modify her job functions or reassign her.
  4. Where reasonably practicable, the Employer shall modify the employee's job functions or reassign her.
  5. Where the Employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the Employer shall so inform the employee in writing and shall grant leave of absence without pay to the employee for the duration of the risk as indicated in the medical certificate. However, such leave shall end no later than twenty-four (24) weeks after the birth.
  6. An employee whose job functions have been modified, who has been reassigned or who is on leave of absence shall give at least two (2) weeks' notice in writing to the Employer of any change in duration of the risk or the inability as indicated in the medical certificate, unless there is a valid reason why that notice cannot be given. Such notice must be accompanied by a new medical certificate.

Article B13 - Medical Appointment for Pregnant Employees

B13.01 Up to three decimal seven five (3.75) hours of reasonable time off with pay will be granted to pregnant employees for the purpose of attending routine medical appointments.

B13.02 Where a series of continuing appointments are necessary for the treatment of a particular condition relating to the pregnancy, absences shall be charged to sick leave.

**Article B14 - Leave Without Pay for The Care of Immediate Family

B14.01 For the purpose of this Article, family is defined as spouse (or common-law partner resident with the employee) children (including foster children or children of spouse or common-law partner), or parents (including step-parents or foster parents), and any relative permanently residing in the employee's household or with whom the employee permanently resides.

B14.02 Subject to operational requirements, an employee shall be granted leave without pay for the care of immediate family in accordance with the following conditions:

  1. an employee shall notify the Employer in writing as far in advance as possible but not less than four (4) weeks in advance of the commencement date of such leave, unless such notice cannot be given because of an urgent or unforeseeable circumstance;
  2. leave granted under this Article shall be for a minimum period of three (3) weeks;
  3. the total leave granted under this Article shall not exceed five (5) years during an employee's total period of employment in the Canadian Food Inspection Agency or in the Public Service:
  4. leave granted for periods of one (1) year or less shall be scheduled in a manner which ensures continued service delivery;
  5. time spent on such leave shall not be counted for pay increment purposes.

B14.03 An employee who has proceeded on leave without pay may change his return to work date if such change does not result in additional costs to the Employer.

B14.04 All leave granted under leave without pay for the care and nurturing of the employee's pre-school age children or under leave without pay for the long-term care of a parent under the terms of previous collective agreements between the Canadian Food Inspection Agency and the Professional Institute of the Public Service of Canada or other agreements will not count towards the calculation of the maximum amount of time allowed for care of immediate family during an employee's total period of employment in the Canadian Food Inspection Agency and in the Public Service.

Article B15 - Leave Without Pay for Personal Needs

B15.01 Leave without pay will be granted for personal needs, in the following manner:

  1. Subject to operational requirements, leave without pay for a period of up to three (3) months will be granted to an employee for personal needs.
  2. Subject to operational requirements, leave without pay of more than three (3) months but not exceeding one (1) year will be granted to an employee for personal needs.
  3. An employee is entitled to leave without pay for personal needs only once under each of (a) and (b) of this clause during his or her total period of employment in the Public Service and the Canadian Food Inspection Agency. Leave without pay granted under this clause may not be used in combination with maternity or parental leave without the consent of the Employer.

Article B16 - Leave Without Pay for Relocation of Spouse or Common-law Partner

B16.01 At the request of an employee, leave without pay for a period of up to one (1) year shall be granted to an employee whose spouse or common-law partner is permanently relocated and up to five (5) years to an employee whose spouse or common-law partner is temporarily relocated.

**Article B17 - Leave With Pay for Family-related Responsibilities

**B17.01

  1. For the purpose of this clause, family is defined as spouse (or common-law partner resident with the employee), dependent children (including foster children or children of spouse or common-law partner), parents (including step-parents or foster parents), or any relative permanently residing in the employee's household or with whom the employee permanently resides.
  2. **The Employer shall grant leave with pay under the following circumstances:
    1. **an employee is expected to make every reasonable effort to schedule medical or dental appointments for dependant family members to minimize or preclude his or her absence from work; however, when alternate arrangements are not possible an employee shall be granted leave for a medical or dental appointment when the dependant family member is incapable of attending the appointment by himself or herself, or for appointments with appropriate authorities in schools or adoption agencies. An employee requesting leave under this provision must notify his or her supervisor of the appointment as far in advance as possible;
    2. **to provide for the immediate and temporary care of a sick member or elderly 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;
    3. **for needs directly related to the birth or to the adoption of the employee's child;
    4. **seven decimal five (7.5) hours out of the thirty-seven decimal five (37.5) hours stipulated in B17.01(c) may be used:
      1. to attend school functions, if the supervisor was notified of the function as far in advance as possible;
      2. to provide for the employee's child in the case of an unforeseeable closure of the school or daycare facility;
      3. 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.
  3. The total leave with pay which may be granted under the paragraphs (b)(i), (ii), (iii) and (iv) shall not exceed thirty seven decimal five (37.5) hours in a fiscal year.

**Article B18 - Court Leave with Pay

**B18.01 Leave with pay shall be given to every employee, other than an employee already on leave without pay, on education leave, or under suspension who is required:

  1. to be available for jury selection;
  2. to serve on a jury; or
  3. by subpoena or summons to attend as a witness in any proceeding held:
    1. **in or under the authority of a court of justice;
    2. before a court, judge, justice, magistrate or coroner;
    3. before the Senate or House of Commons of Canada or a committee of the Senate or House of Commons otherwise than in the performance of the duties of the employee's position;
    4. before a legislative council, legislative assembly or house of assembly, or any committee thereof that is authorized by law to compel the attendance of witnesses before it; or
    5. before an arbitrator or umpire or a person or body of persons authorized by law to make an inquiry and to compel the attendance of witnesses before it.

Article B19 - Personnel Selection Leave with Pay

B19.01 Where an employee participates in a personnel selection process, including the appeal process where applicable, for a position in the Canadian Food Inspection Agency or for positions in other Agencies or departments (as defined in the Public Service Labour Relations Act), the employee is entitled to leave with pay for the period during which the employee's presence is required for purposes of the selection process, and for such further period as the Employer considers reasonable for the employee to travel to and from the place where the employee's presence is required.

Article B20 - Injury-on-duty Leave with Pay

B20.01 An employee shall be granted injury-on-duty leave with pay for such reasonable period as may be determined by the Employer where it is determined by a Provincial Workers' Compensation Board that the employee is unable to perform his or her duties because of:

  1. personal injury accidentally received in the performance of the employee's duties and not caused by the employee's wilful misconduct,
  2. sickness resulting from the nature of the employee's employment,
  3. exposure to hazardous conditions in the course of the employee's employment,

if the employee agrees to pay to the Receiver General of Canada any amount received by such employee for loss of wages in settlement of any claim such employee may have in respect of such injury, sickness or exposure.

**Article B21 - Compensatory Leave with Pay

**B21.01 Upon application by the employee and at the discretion of the Employer, compensation earned under Articles B2 - Overtime, B3 - Call-back, B4 - Standby, and travelling time compensated at an overtime rate under Article B6 - Travelling Time may be taken in the form of compensatory leave, which will be calculated at the premium rate laid down in the applicable Article.

**B21.02 The Employer reserves the right to direct an employee to take accumulated leave provided the Employer first makes every reasonable effort to grant such leave in such amounts and at such times as the employee may request.

**B21.03 Compensatory leave in excess of thirty-seven decimal five (37.5) hours earned in a fiscal year and unused as of March 31st of that same fiscal year shall be paid at the employee's hourly rate of pay on March 31st.

**B21.04 At the request of the employee and with the approval of the Employer, accumulated compensatory leave may be paid out, in whole or in part, once per fiscal year, at the employee's hourly rate of pay as calculated from the classification prescribed in the certificate of appointment at the time of the request.

**B21.05 When an employee dies or otherwise ceases to be employed, he or she or the employee's estate shall be paid an amount equal to the product obtained by multiplying the number of hours of earned but unused compensatory leave to his or her credit by the hourly rate of pay as calculated from the classification prescribed in his or her certificate of appointment on the date of the termination of his or her employment.

**B21.06 When a payment is being made as a result of the application of this Article, the Employer will endeavour to make such payment within six (6) weeks following the end of the pay period in which the employee requests payment, or, if the payment is required to liquidate compensatory leave unused at the end of the fiscal year, the Employer will endeavour to make such a payment within six (6) weeks of the commencement of the first pay period after March 31st.

**Article B22 - Leave With or Without Pay for Other Reasons

**B22.01 At its discretion, the Employer may grant:

  1. leave with pay when circumstances not directly attributable to the employee prevent the employee's reporting for duty;
  2. leave with or without pay for purposes other than those specified in this Agreement.

**B22.02 Volunteer Leave

Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) days, the employee shall be granted, in each fiscal year, a single period of up to seven decimal five (7.5) hours' leave with pay to work as a volunteer for a charitable or community organization or activity, other than for activities related to the Government of Canada Workplace Charitable Campaign.

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

**B22.03 Personal Leave

Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) days, the employee shall be granted, in each fiscal year, a single period of up to seven decimal five (7.5) hours' leave with pay for reasons of a personal nature.

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

**Article B23 - Religious Observance

**B23.01 The Employer shall make every reasonable effort to accommodate an employee who requests time off to fulfill his or her religious obligations.

**B23.02 Employees may, in accordance with the provisions of this Agreement, request annual leave, compensatory leave, leave without pay for other reasons or a shift exchange in order to fulfill their religious obligations.

**B23.03 Notwithstanding clause B23.02, at the request of the employee and at the discretion of the Employer, time off with pay may be granted to the employee in order to fulfill his or her religious obligations. The number of hours with pay so granted must be made up hour for hour within a period of six (6) months, at times agreed to by the Employer. Hours worked as a result of time off granted under this clause shall not be compensated nor should they result in any additional payments by the Employer.

**B23.04 An employee who intends to request leave or time off under this Article must give notice to the Employer as far in advance as possible, but no later than four (4) weeks before the requested period of absence.

**Article B24 - Career Development

**B24.01 General

The parties recognize that in order to maintain and enhance professional expertise, employees, from time to time, need to have an opportunity to attend or participate in career development activities described in this Article.

**B24.02 Education Leave

  1. An employee may be granted education leave without pay for varying periods up to one (1) year, which can be renewed by mutual agreement, to attend a recognized institution for additional or special studies in some field of education in which special preparation is needed to enable the employee to fill his or her present role more adequately, or to undertake studies in some field in order to provide a service which the Employer requires or is planning to provide.
  2. An employee on Education Leave without pay under this clause may receive an allowance in lieu of salary of up to one hundred percent (100%) of the employee's annual rate of pay depending on the degree to which the education leave is deemed by the Employer to be relevant to organizational requirements. Where the employee receives a grant, bursary or scholarship, the education leave allowance may be reduced. In such cases, the amount of the reduction shall not exceed the amount of the grant, bursary or scholarship.
  3. Allowances 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 leave is approved whether such allowances are to be continued in whole or in part.
  4. As a condition to the granting of education leave, an employee shall, if required, give a written undertaking prior to the commencement of the leave to return to the service of the Employer for a period of not less than the period of the leave granted. If the employee, except with the permission of the Employer:
    1. fails to 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 to the employee under this clause during the education leave or such lesser sum as shall be determined by the Employer.

**B24.03 Attendance at Conferences and Conventions

  1. Career development refers to an activity which is, in the opinion of the Employer, likely to be of assistance to the employee in furthering career development and to the organization in achieving its goals. The following activities shall be deemed to be part of career development:
    1. a course given by the Employer;
    2. a course offered by a recognized academic institution;
    3. a seminar, convention or study session in a specialized field offered directly related to an employee's work.
  2. The parties to this Agreement recognize that attendance or participation at conferences, conventions, symposia, workshops and other gatherings of a similar nature contributes to the maintenance of high professional standards.
  3. In order to benefit from an exchange of knowledge and experience, an employee shall have the opportunity on occasion to attend conferences and conventions which are related to the employee's field of specialization, subject to operational requirements.
  4. The Employer may grant leave with pay and reasonable expenses including registration fees to attend such gatherings, subject to budgetary and operational constraints.
  5. An employee who attends a conference or convention at the request of the Employer to represent the interests of the Employer shall be deemed to be on duty and, as required, in travel status. The Employer shall pay the registration fees of the convention or conference the employee is required to attend.
  6. An employee invited to participate in a conference or convention in an official capacity, such as to present a formal address or to give a course related to the employee's field of employment, may be granted leave with pay for this purpose and may, in addition, be reimbursed for his or her payment of convention or conference registration fees and reasonable travel expenses.
  7. **An employee shall not be entitled to any compensation under Articles B2-Overtime and B6-Travelling Time in respect of hours he or she is in attendance at or travelling to or from a conference or convention under the provisions of this clause, except as provided by clause B24.03(e).

**B24.04 Professional Development

  1. The parties to this Agreement share a desire to improve professional standards by giving the employees the opportunity on occasion:
    1. to participate in workshops, short courses or similar out-service programs to keep up to date with knowledge and skills in their respective fields,
    2. to conduct research or perform work related to their normal research programs in institutions or locations other than those of the Employer,
    3. to carry out research in the employee's field of specialization not specifically related to such employee's assigned work projects when in the opinion of the Employer such research is needed to enable the employee to fill his or her present role more adequately.
  2. **Subject to the Employer's approval an employee shall receive leave with pay in order to participate in the activities described in clause B24.04(a).
  3. An employee may apply at any time for professional development under this clause, and the Employer may select an employee at any time for such professional development.
  4. When an employee is selected by the Employer for professional development under this clause, the Employer will consult with the employee before determining the location and duration of the program of work or studies to be undertaken.
  5. An employee selected for professional development under this clause shall continue to receive his or her normal compensation including any increase for which he or she may become eligible. The employee shall not be entitled to any compensation under Articles B2-Overtime and B6-Travelling Time while on professional development under this clause.
  6. An employee on professional development under this clause may be reimbursed for reasonable travel expenses and such other additional expenses as the Employer deems appropriate.

**B24.05

  1. The Employer shall establish selection criteria for granting leave under clauses B24.02, B24.03 and B24.04. Upon request, a copy of these criteria will be provided to an employee and/or the Institute representative.
  2. The parties to this Collective Agreement acknowledge the mutual benefits to be derived from consultation on career development. To this effect, the Employer, upon request, will consult with the Institute as prescribed in Article C10-Joint Consultation.

**B24.06 Examination Leave with Pay

Leave with pay may be granted to an employee for the purpose of writing an examination that will require the employee's absence during his or her normal hours of work. Such leave will be granted only where, in the opinion of the Employer, the course of study is directly related to the employee's duties or will improve his or her qualifications.

**Article B25 - Severance Pay

**Effective December 29, 2013, paragraphs B25.01(b) and (c) are no longer in effect in this Collective Agreement.

**B25.01 Under the following circumstances and subject to clause B25.02, an employee shall receive severance benefits calculated on the basis of his or her weekly rate of pay:

  1. **Lay-Off
    1. **On the first lay-off for the first complete year of continuous employment, two (2) weeks' pay, or three (3) weeks' pay for employees with ten (10) or more but less than twenty (20) years of continuous employment, or four (4) weeks' pay for employees with twenty or more years of continuous employment, plus one (1) week's pay for each additional complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365).
    2. **On second or subsequent lay-off, one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), less any period in respect of which the employee was granted Severance Pay under B25.01(a)(i) above.
  2. **Resignation

    On resignation, subject to paragraph B25.01(c) and with ten (10) or more years of continuous employment, one-half (½) week's pay for each complete year of continuous employment up to a maximum of twenty-six (26) years with a maximum benefit of thirteen (13) weeks' pay.

  3. Retirement
    1. On retirement, when an employee is entitled to an immediate annuity or to an immediate annual allowance under the Public Service Superannuation Act, or
    2. a part-time employee, who regularly works more than thirteen and one-half (13½) but less than thirty (30) hours in a week, and who, if the employee were a contributor under the Public Service Superannuation Act, would be entitled to an immediate annuity thereunder, or would have been entitled to an immediate annual allowance if he or she were a contributor under the Public Service Superannuation Act,

    one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum benefit of thirty (30) weeks' pay.

  4. 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 (1) week's pay for each complete year of continuous employment, and in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay, regardless of any other benefit payable.

  5. Rejection on Probation

    On rejection on probation, when an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of rejection during a probationary period, such employee shall be paid severance pay equal to the amount obtained by multiplying his or her weekly rate of pay on termination of employment by the number of completed years of continuous employment to a maximum of twenty-seven (27) weeks, less any period in respect of which he or she was granted severance pay, retiring leave or a cash gratuity in lieu of retiring leave.

  6. Termination for Cause for Reasons of Incapacity or Incompetence
    1. When an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of termination for cause for reasons of incapacity pursuant to paragraph 12(2)(d) of the Financial Administration Act, one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.
    2. When an employee has completed more than ten (10) years of continuous employment and ceases to be employed by reason of termination for cause for reasons of incompetence pursuant to paragraph 12(2)(d) of the Financial Administration Act, one week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.

**B25.02 The period of continuous employment used in the calculation of severance benefits payable to an employee under this Article 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 Armed Forces or the Royal Canadian Mounted Police. Under no circumstances shall the maximum severance pay provided under clause B25.01 and B25.05 be pyramided.

For greater certainty, payments made pursuant to B25.05 to B25.08 or similar provisions in other collective agreements shall be considered as a termination benefit for the administration of this clause.

**B25.03 The weekly rate of pay referred to in the above clauses shall be the weekly rate of pay to which the employee is entitled for the classification prescribed in his certificate of appointment, immediately prior to the termination of such employee's employment.

**B25.04 Appointment to another employer organization

An employee who resigns to accept an appointment with an organization listed in Schedule I, IV or V of the Financial Administration Act shall be paid all severance payments resulting from the application of B25.01(b) (prior to December 29, 2013) or B25.05 to B25.08 (December 29, 2013).

**B25.05 Severance Termination

  1. Subject to B25.02 above, indeterminate employees on December 29, 2013 shall be entitled to a severance payment equal to one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks.
  2. Subject to B25.02 above, term employees on December 29, 2013 shall be entitled to a severance payment equal to one (1) week's pay for each complete year of continuous employment, to a maximum of thirty (30) weeks.

**Terms of Payment

**B25.06 Options

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

  1. as a single payment at the rate of pay of the employee's substantive position as of December 29, 2013 or
  2. as a single payment at the time of the employee's termination of employment from the Canadian Food Inspection Agency, based on the rate of pay of the employee's substantive position at the date of termination of employment from the Canadian Food Inspection Agency,
    or
  3. as a combination of (a) and (b), pursuant to B25.07 (c).

**B25.07 Selection of Option

  1. The Employer will advise the employee of his or her years of continuous employment no later than three (3) months following the date of signing of the collective agreement.
  2. The employee shall advise the Employer of the term of payment option selected within six (6) months from the date of signing of the collective agreement.
  3. The employee who opts for the option described in B25.06 (c) must specify the number of complete weeks to be paid out pursuant to B25.06 (a) and the remainder to be paid out pursuant to B25.06 (b).
  4. An employee who does not make a selection under B25.07 (b) will be deemed to have chosen option B25.06 (b).

**B25.08 Appointment from a Different Bargaining Unit

This clause applies in a situation where an employee is appointed into a position in the IN bargaining unit from a position outside the IN bargaining unit where, at the date of appointment, provisions for severance pay entitlement for reasons of resignation or retirement are still in force, unless the appointment is only on an acting basis.

  1. Subject to B25.02 above, on the date an indeterminate employee becomes subject to this Agreement after December 29, 2013, he or she shall be entitled to a severance payment equal to one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks, based on the employee's rate of pay of his substantive position on the day preceding the appointment.
  2. Subject to B25.02 above, on the date a term employee becomes subject to this Agreement after December 29, 2013, he or she shall be entitled to a severance payment equal to one (1) week's pay for each complete year of continuous employment, to a maximum of thirty (30) weeks, based on the employee's rate of pay of his substantive position on the day preceding the appointment.
  3. An employee entitled to a severance payment under sub-paragraph (a) or (b) shall have the same choice of options outlined in B25.06, however the selection of which option must be made within three (3) months of being appointed to the bargaining unit.

**Article B26 - Reclassification and Statement of Duties

**B26.01 If, during the term of this Agreement, a new classification standard is established and implemented by the Employer, the Employer shall, before applying rates of pay to the new levels resulting from the application of the standard, negotiate with the Institute the rate of pay and the rules affecting the pay of employees on their movement to the new levels.

**B26.02 Upon written request, an employee shall be entitled to an official, complete and current statement of the duties and responsibilities of his or her position including the position's classification level and point rating allotted by factor and an organization chart depicting the position's place in the organization.

**Article B27 - Technological Change

**B27.01 The parties have agreed that in cases where, as a result of technological change, the services of an employee are no longer required beyond a specified date because of lack of work or the discontinuance of a function, the Employment Transition Policy – Appendix "B" concluded by the parties will apply.  In all other cases, the following clauses will apply.

**B27.02 In this Article "Technological Change" means:

  1. the introduction by the Employer of equipment or material of a substantially different nature than that previously utilized which will result in significant changes in the employment status or working conditions of employees; or
  2. a major change in the Employer's operation directly related to the introduction of that equipment or material which will result in significant changes in the employment status or working conditions of the employees.

**B27.03 Both parties recognize the overall advantages of technological change and will, therefore, encourage and promote technological change in the Employer's operations. Where technological change is to be implemented, the Employer will seek ways and means of minimizing adverse effects on employees which might result from such changes.

**B27.04 The Employer agrees to provide as much advance notice as is practicable but, except in cases of emergency, not less than one hundred and twenty (120) days' written notice to the Institute of the introduction or implementation of technological change.

**B27.05 The written notice provided for in clause B27.04 will provide the following information:

  1. the nature and degree of change;
  2. the anticipated date or dates on which the Employer plans to effect change;
  3. the location or locations involved.

**B27.06 As soon as reasonably practicable after notice is given under clause B27.04, the Employer shall consult meaningfully with the Institute concerning the effects of the technological change referred to in clause B27.05 on each group of employees. Such consultation will include but not necessarily be limited to the following:

  1. the approximate number, class and location of employees likely to be affected by the change;
  2. the effect the change may be expected to have on working conditions or terms and conditions of employment on employees.

**B27.07 When, as a result of technological change, the Employer determines that an employee requires new skills or knowledge in order to perform the duties of his or her substantive position, the Employer will make every reasonable effort to provide the necessary training during the employee's working hours and at no cost to the employee.

**Article B28 - Safety and Health

**B28.01 The Employer shall continue to make all reasonable provisions for the occupational safety and health of employees. The Employer will welcome suggestions on the subject from the Institute, and the parties undertake to consult with a view to adopting and expeditiously carrying out reasonable procedures and techniques designed or intended to prevent or reduce the risk of employment injury.

**B28.02 The Employer shall continue to provide, where economically and administratively feasible, working accommodations and facilities to meet the special requirements of computer systems services, and the Employer agrees to consult with the Institute for the purpose of considering expeditiously the Institute's suggestions on the subject.

**B28.03 Subject to any legislation, amendments or any instrument introduced by Parliament, it is recognized that Part II of the Canada Labour Code applies to CFIA.

Date modified: