Collective Agreement between the Canadian Food Inspection Agency and the Public Service Alliance of Canada (PSAC) regarding the Public Service Alliance of Canada (PSAC) Bargaining Unit
** Article 62 – Severance Pay

** Effective on November 8, 2014, paragraphs 62.01(b) and (d) are deleted from this Collective Agreement.

** 62.01 Under the following circumstances and subject to clause 62.02, an employee shall receive severance benefits calculated on the basis of the weekly rate of pay to which he or she is entitled for the classification prescribed in his or her certificate of appointment on the date of his or her termination of employment.

  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 365, less any period in respect of which the employee was granted severance pay under paragraph (a)(i).
  2. * Resignation

    On resignation, subject to sub-clause 62.01(d) and with ten (10) or more years of continuous employment, one-half (0.5) 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. 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, one (1) week's pay.

  4. Retirement
    1. On retirement, when an employee is entitled to an immediate annuity under the Public Service Superannuation Act or when the employee is entitled to an immediate annual allowance, under the Public Service Superannuation Act,

      or

    2. a part-time employee, who regularly works more than thirteen decimal five (13.5) but less than thirty (30) hours a week, and who, if he or she were a contributor under the Public Service Superannuation Act, would be entitled to an immediate annuity thereunder, or who would have been entitled to an immediate annual allowance if he or she were a contributor under the Public Service Superannuation Act, 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.
  5. 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.

  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 the provisions of 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 (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.

** 62.02 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. Under no circumstances shall the maximum severance pay provided under clause 62.01 and 62.04 be pyramided.

For greater certainty, payments made pursuant to 62.04 to 62.07 or similar provisions in other collective agreements shall be considered as a termination benefit for the administration of this clause.

** 62.03 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 62.01(b) prior to November 8, 2014 or 62.04 to 62.07 after November 8, 2014.

** 62.04 Severance Termination

  1. **Subject to 62.02 above, indeterminate employees on November 8, 2014 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 62.02 above, term employees on November 8, 2014 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

** 62.05 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 November 8, 2014, 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 62.06(c).

** 62.06 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 official 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 official date of signing of the collective agreement.
  3. ** The employee who opts for the option described in 62.05(c) must specify the number of complete weeks to be paid out pursuant to 62.05(a) and the remainder to be paid out pursuant to 62.05(b).
  4. ** An employee who does not make a selection under 62.06(b) will be deemed to have chosen option 62.05(b).

** 62.07 Appointment from a Different Bargaining Unit

This clause applies in a situation where an employee is appointed into a position in the PSAC bargaining unit from a position outside the PSAC bargaining unit where, at the date of appointment, provisions similar to those in 62.01(b) and (d) are still in force, unless the appointment is only on an acting basis.

  1. ** Subject to 62.02 above, on the date an indeterminate employee becomes subject to this Agreement after November 8, 2014, 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 or her substantive position on the day preceding the appointment.
  2. ** Subject to 62.02 above, on the date a term employee becomes subject to this Agreement after November 8, 2014, 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 or her 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 62.05, however the selection of which option must be made within three (3) months of being appointed to the bargaining unit.
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