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 D - Other Terms and Conditions
**Article D1 - Part-time Employees
Part-time employee means a person whose normal scheduled hours of work are less than thirty-seven and one-half (37½) hours per week, but not less than those prescribed in the Public Service Labour Relations Act.
Part-time employees shall be entitled to the benefits provided under this Agreement in the same proportion as their normal scheduled weekly hours of work compare with the normal weekly hours of work of full-time employees unless otherwise specified in this Agreement.
D1.03 The days of rest provisions of this Collective Agreement apply only in a week when a part-time employee has worked five (5) days and minimum of thirty-seven and one-half (37½) hours in a week at the hourly rate of pay.
D1.04 Leave will only be provided:
- during those periods in which employees are scheduled to perform their duties; or
- where it may displace other leave as prescribed by this Agreement.
D1.05 Designated Holidays
A part-time employee shall not be paid for the designated holidays but shall instead be paid a premium of four point two five (4.25) percent for all straight-time hours worked during the period of part-time employment.
D1.06 When a part-time employee is required to work on a day which is prescribed as a designated paid holiday for a full-time employee in clause B5.01 of this Agreement, the employee shall be paid time and one-half (1½) the hourly rate of pay for all hours worked.
D1.07 "Overtime" means:
- in the case of a part-time employee, authorized work in excess of seven and one-half (7½) hours per day or thirty-seven and one-half (37½) hours per week but does not include time worked on a holiday;
- in the case of a part-time employee whose normal scheduled hours of work are in excess of seven and one-half (7½) hours per day in accordance with clause D1.13 of this Article, authorized work in excess of those normal scheduled daily hours or an average of thirty-seven and one-half (37½) hours per week.
D1.08 Subject to Article B2-Overtime, a part-time employee who is required to work overtime shall be paid at time and one-half (1½) for the first seven and one-half (7½) hours worked and at double (2) time thereafter.
D1.09 Vacation Leave
A part-time employee shall earn vacation leave credits for each month in which the employee receives pay for at least twice (2) the number of hours in the employee's normal work week, at the rate for years of employment established in clause B8.02, prorated and calculated as follows:
- when the entitlement is nine decimal three seven five (9.375) hours a month, zero decimal two five zero (0.250) multiplied by the number of hours in the employee's work week per month;
- when the entitlement is twelve decimal five zero (12.50) hours a month, zero decimal three three three (0.333) multiplied by the number of hours in the employee's work week per month;
- when the entitlement is thirteen decimal seven five (13.75) hours a month, zero decimal three six seven (0.367) multiplied by the number of hours in the employee's work week per month;
- when the entitlement is fourteen decimal three seven five (14.375) hours a month, zero decimal three eight three (0.383) multiplied by the number of hours in the employee's work week per month;
- when the entitlement is fifteen decimal six two five (15.625) hours a month, zero decimal four one seven (0.417) multiplied by the number of hours in the employee's work week per month;
- when the entitlement is sixteen decimal eight seven five (16.875) hours a month, zero decimal four five zero (0.450) multiplied by the number of hours in the employee's work week per month;
- when the entitlement is eighteen decimal seven five (18.75) hours a month, zero decimal five zero zero (0.500) multiplied by the number of hours in the employee's work week per month.
SEE APPENDIX "C" FOR VACATION CONVERSION TABLE
D1.10 Sick Leave
A part-time employee shall earn sick leave credits at the rate of one-quarter (¼) of the number of hours in an employee's normal work week for each calendar month in which the employee has received pay for at least twice (2) the number of hours in the employee's normal work week.
D1.11 Vacation and Sick Leave Administration
- For the purposes of administration of clauses D1.09 and D1.10, where an employee does not work the same number of hours each week, the normal work week shall be the weekly average calculated on a monthly basis.
- An employee whose employment in any month is a combination of both full-time and part-time employment shall not earn vacation or sick leave credits in excess of the entitlement of a full-time employee.
**D1.12 Severance Pay
Notwithstanding the provisions of Article B25-Severance Pay, where the period of continuous employment in respect of which a severance benefit is to be paid consists of both full-and part-time employment or varying levels of part-time employment, the benefit shall be calculated as follows: the period of continuous employment eligible for severance pay shall be established and the part-time portions shall be consolidated to equivalent full-time. The equivalent full-time period in years shall be multiplied by the full-time weekly pay rate for the appropriate group and level to produce the severance pay benefit.
D1.13 Variable Hours of Work
Upon request of an employee and with the concurrence of the Employer, a part-time employee may complete his or her scheduled weekly hours of work in a manner that permits such an employee to work in excess of seven and one-half (7½) hours in any one day provided that over a period of twenty-eight (28) calendar days the part-time employee works an average of his or her scheduled weekly hours of work. As part of this clause, attendance reporting shall be mutually agreed between the employee and the Employer.
**D1.14 For an employee who completes required hours of work pursuant to D1.13, the definition of "daily rate of pay" clause A7.01(e) of Article A7 shall not apply.
Article D2 - Employee Performance Review and Employee Files
D2.01 For the purpose of this Article,
- a formal assessment and/or appraisal of an employee's performance means any written assessment and/or appraisal by any supervisor of how well the employee has performed his or her assigned tasks during a specified period in the past;
- formal assessment and/or appraisals of employee performance shall be recorded on a form prescribed by the Employer for this purpose.
- When a formal assessment of an employee's performance is made, the employee concerned must be given an opportunity to sign the assessment form in question upon its completion to indicate that its contents have been read. An employee's signature on his or her assessment form shall be considered to be an indication only that its contents have been read and shall not indicate his or her concurrence with the statements contained on the form. A copy of the employee's assessment form shall be provided to him or her at the time the assessment is signed by the employee.
- The Employer's representative(s) who assesses an employee's performance must have observed or been aware of the employee's performance for at least one-half (½) of the period for which the employee's performance is evaluated.
- An employee has the right to make written comments to be attached to the performance review form.
D2.03 When an employee disagrees with the assessment and/or appraisal of his or her work, the employee shall have the right to present written counter arguments to the manager(s) or committee(s) responsible for the assessment and/or appraisal decision.
D2.04 Upon written request of an employee, the personnel file of that employee shall be made available once per year for his or her examination in the presence of an authorized representative of the Employer.
D2.05 When a report pertaining to an employee's performance or conduct is placed on that employee's personnel file, the employee concerned shall be given an opportunity to sign the report in question to indicate that its contents have been read.
Article D3 - Employment References
D3.01 On application by an employee, the Employer shall provide personal references to the prospective employer of such employee, indicating length of service, principal duties and responsibilities, and performance of such duties.
Article D4 - Sexual Harassment
D4.01 The Institute and the Employer recognize the right of employees to work in an environment free from sexual harassment and agree that sexual harassment will not be tolerated in the work place.
- Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.
- If by reason of D4.02(a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.
Article D5 - No Discrimination
D5.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practised with respect to an employee by reason of age, race, creed, colour, national or ethnic origin, religious affiliation, sex, sexual orientation, family status, marital status, mental or physical disability, membership or activity in the Institute or conviction for which a pardon has been granted.
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