Part C - Leave

Article C1 - Leave - General

C1.01 When the employment of an employee who has been granted more vacation, or sick leave with pay than they have earned is terminated by death or layoff, the employee is considered to have earned the amount of leave with pay granted to them.

C1.02 An employee is entitled, once in each fiscal year, to be informed, upon request, of the balance of their vacation, or sick leave pay with credits.

C1.03 The amount of leave with pay credited to an employee by the Employer at the time when this Agreement is signed, or at a time when the employee becomes subject to this agreement, shall be retained by the employee.

C1.04 An employee shall not be granted two (2) different types of leave with pay in respect of the same period of time.

C1.05 An employee is not entitled to leave with pay during periods such employee is on leave without pay, on educational leave or under suspension.

C1.06 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.

C1.07 Leave credits will be earned on a basis of a day being equal to seven decimal five (7.5) hours.

C1.08 When leave is granted, it will be granted on an hourly basis and the number of hours debited for each day of leave shall be the same as the hours the employee would normally have been scheduled to work on that day, except for Bereavement Leave With Pay where a day is a calendar day.

C1.09

  1. When an employee becomes subject to this Agreement, the employee's earned daily leave credits shall be converted into hours on the basis of one day being equal to seven decimal five (7.5) hours.
  2. When an employee ceases to be subject to this Agreement, the employee's earned hourly leave credits shall be converted into days on the basis of seven decimal five (7.5) hours being equal to one day.

C1.10 In respect to applications for leave made pursuant to this Agreement, the employee may be required to provide satisfactory validation of the circumstances necessitating such requests.

Article C2 - Vacation Leave

C2.01 The vacation year shall be from April 1st to March 31st, inclusive.

C2.02 Accumulation of Vacation Leave Credits

An employee shall earn vacation leave credits for each calendar month during which he receives pay for at least seventy-five (75) hours at the following rate:

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

SEE APPENDIX "C" FOR VACATION CONVERSION TABLE

C2.03 For the purpose of clause C2.02 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 reappointed to the Canadian Food Inspection Agency within one (1) year following the date of lay-off.

C2.04 Entitlement to Vacation Leave with Pay

An employee is entitled to vacation leave with pay to the extent of his 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 vacation year.

C2.05 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 every 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 he has proceeded on vacation leave.

C2.06 Replacement of Vacation Leave

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

  1. is granted bereavement leave, or
  2. is granted sick leave on production of a medical certificate,

the period of vacation leave 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.

C2.07

  1. Carry Over

    Where in any vacation year an employee has not been granted all the vacation leave credited to him, the unused portion of such employee's vacation leave shall be carried over.

  2. Liquidation

    During any vacation year, upon application by the employee and at the discretion of the Employer, earned but unused vacation leave credits shall be compensated at the employee's daily rate of pay as calculated from the classification prescribed in such employee's certificate of appointment of such employee's substantive position on March 31 st.

C2.08 Recall From Vacation Leave

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

  1. in proceeding to his place of duty, and
  2. in returning to the place from which he was recalled if he immediately resumes his vacation upon completing the assignment for which such employee was recalled,
  3. in cancelling reservations previously made, after submitting such accounts as are normally required by the Employer.

C2.09 The employee shall not be considered as being on vacation leave during any period in respect of which he is entitled under clause C2.08 to be reimbursed for reasonable expenses incurred by him.

**C2.10 Cancellation or Alteration of Vacation Leave

When the Employer cancels or alters a period of vacation 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.

**C2.11 Leave when Employment Terminates

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

**C2.12 Vacation Leave Credits for Severance Pay

Where the employee requests, the Employer shall grant the employee his 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, and the tenth (10th) year of continuous employment in the case of resignation.

**C2.13 Abandonment

Notwithstanding clause C2.12, an employee whose employment is terminated by a declaration that he abandoned his position is entitled to receive the payment referred to in clause C2.12 if he requests it within six (6) months following the date upon which his employment is terminated.

**C2.14 Recovery on Termination

In the event of the 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 leave taken by the employee, calculated on the basis of the rate of pay applicable to such employee's classification on the date of termination.

**C2.15 Appointment to a Schedule I, IV or V Employer

Notwithstanding clause C2.12, 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 unused vacation leave credits provided that the appointing organization will accept such credits.

**C2.16 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.

Article C3 - Sick Leave

C3.01 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.

C3.02 An employee shall be granted sick leave with pay when such employee is unable to perform his duties because of illness or injury provided that:

  1. such 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. such employee has the necessary sick leave credits.

C3.03 Unless otherwise informed by the Employer, a statement signed by the employee stating that because of illness or injury such employee was unable to perform his duties shall, when delivered to the Employer, be considered as meeting the requirements of sub-clause C3.02(a).

C3.04 An employee shall not be granted sick leave with pay during any period in which such employee is on leave of absence without pay, or under suspension.

C3.05 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.

C3.06 Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provision of clause C3.02, sick leave with pay may, at the discretion of the Employer, be granted:

  1. for a period of up to one hundred and eighty-seven decimal five (187.5) hours if such employee is awaiting a decision on an application for injury-on-duty leave, or
  2. for a period of up to one hundred and eighty-seven decimal five (187.5) hours if such employee has not submitted an application for injury-on-duty leave,

subject to the deduction of such advanced leave from any sick leave credits subsequently earned and, in the event of termination of employment for other than death or lay-off, the recovery of the advance from any monies owed the employee.

C3.07 Sick leave credits earned but unused by an employee during a previous period of employment in the Canadian Food Inspection Agency shall be restored to an employee whose employment was terminated by reason of lay-off and who is reappointed in the Canadian Food Inspection Agency within one (1) year from the date of lay-off.

Article C4 - Bereavement Leave with Pay

**C4.01 Bereavement Leave with Pay

For the purpose of this Article, immediate family is defined as father, mother (or alternatively step-father, step-mother or foster parent), brother, sister, spouse (including common-law partner residing with the employee), child (including child of common-law partner), step-child or ward of the employee, grandparent, grandchild, father-in-law, or 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, an employee shall be entitled to a bereavement period of five (5) 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 that 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 such employee's 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 or his/her authorized representative may, after considering the particular circumstances involved, grant leave with pay for a period greater than that provided for in sub-clauses C4.01(a) and (b).
  4. If, during a period of sick leave, vacation leave or compensatory leave, an employee is bereaved in circumstances under which he would have been eligible for bereavement leave with pay under sub-clauses C4.01(a) and (b), the employee shall be granted bereavement leave with pay and his paid leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.

Article C5 - Maternity and Parental Leave Without Pay

C5.01 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 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 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.

  4. The Employer may require an employee to submit a medical certificate certifying pregnancy, or submit a birth certificate or proof of adoption.
  5. 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.
  6. 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.
  7. Parental leave without pay taken by a couple employed by the Agency shall not exceed a combined total of thirty-seven (37) weeks.
  8. 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 C3 - Sick Leave. For purposes of this paragraph, the terms "illness" or "injury" used in Article C3 - Sick Leave, shall include medical disability related to pregnancy.
  9. 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.

C5.02 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 maternity or parental benefits in accordance with the 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 C5.02(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 C5.02(a)(iii), or having become disabled within 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 C5.02(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 C5.02(a)(iii) without activating the recovery provisions described in C5.02(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 (2) 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 or she is eligible to receive the difference between ninety-three percent (93%) of his or her weekly rate of pay 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 C5.02(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 or parental allowance to which an employee is entitled is limited to that provided in C5.02(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 C5.02(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 C5.02(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 C5.02(h) and subject to C5.02(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.

C5.03 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 per cent (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 C5.02 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 Plan maternity and parental benefits for the reasons described above.

C5.04 Transitional Provisions

If, on the date of signature of this Agreement, an employee is currently on maternity and/or parental leave without pay or has requested a period of maternity and/or parental leave but has not commenced the leave, he or she shall, upon request, be entitled to the provisions of this Article. Any application must be received before the termination date of the leave period originally requested.

Article C6 - Maternity-Related Reassignment or Leave

C6.01

  1. An employee who is pregnant or nursing may, during the period from the beginning of pregnancy to the end of the twenty-fourth (24 th) 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 clause C6.01(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. Dependent upon the particular circumstances of the request, the Employer may obtain an independent medical opinion.
  3. An employee who has made a request under clause C6.01(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 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 C7 - Leave Without Pay for the Care of Immediate Family

C7.01 For the purpose of this clause, immediate 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 parent) and any relative permanently residing in the employee's household or with whom the employee permanently resides.

C7.02 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 clause shall be for a minimum period of three (3) weeks;
  3. The total leave granted under this clause 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 a period 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.

C7.03 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.

C7.04 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 agreements other than the present agreement 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 or in the Public Service.

Transitional Provisions

C7.05 These transitional provisions are applicable to employees who have been granted and have proceeded on leave on or after the date of signature of this collective agreement.

  1. An employee who, on the date of signature of this agreement, is on Leave Without Pay for the Care and Nurturing of Pre-School Age Children or on Leave Without Pay for the Long-Term Care of a Parent under the terms of a previous agreement continues on that leave for the approved duration or until the employee's return to work, if the employee returns to work before the end of the approved leave.
  2. An employee who becomes a member of the bargaining unit on or after the date of signature of this agreement and who is on Leave Without Pay for the Care and Nurturing of Pre-School Age Children or on Leave Without Pay for the Long-Term Care of a Parent under the terms of another agreement, continues on that leave for the approved duration or until the employee's return to work, if the employee returns to work before the end of the approved leave.

Article C8 - Medical Appointment for Pregnant Employees

C8.01 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.

C8.02 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 C9 - Leave Without Pay for Personal Needs

C9.01 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 (1) under each of (a) and (b) of this clause during 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 C10 - Leave Without Pay for Relocation of Spouse

C10.01 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 C11 - Leave with Pay for Family-Related Responsibilities

C11.01 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 legal 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.

C11.02 The total leave with pay which may be granted under this Article shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year.

**C11.03 Subject to clause C11.02, the Employer shall grant leave with pay under the following circumstances:

  1. **to take a dependent family member for medical or dental appointments, or for appointments with school authorities or adoption agencies, if the supervisor was notified of the appointment as far in advance as possible;
  2. to provide for the immediate and temporary care of a sick member of the employee's family and to provide an employee with time to make alternate care arrangements where the illness is of a longer duration;
  3. to provide for the immediate and temporary care of an elderly member of the employee's family.
  4. **for needs directly related to the birth or to the adoption of the employee's child.

Article C12 - Marriage Leave with Pay

C12.01 After the completion of one (1) year continuous employment in the Public Service and the Canadian Food Inspection Agency, and providing an employee gives the Employer at least five (5) days' notice, the employee shall be granted thirty-seven decimal five (37.5) hours marriage leave with pay for the purpose of getting married.

C12.02 Where same-sex marriage is not available and after the completion of one (1) year's continuous employment in the Public Service and the Canadian Food Inspection Agency, and providing an employee gives the Employer at least five (5) days' notice and a sworn affidavit certifying to the spousal union, the employee shall be granted up to thirty-seven decimal five (37.5) hours' marriage leave with pay for the purpose of participating in a public commitment ceremony with a person of the same sex.

C12.03 An employee cannot be granted leave with pay in accordance with both C12.01 and C12.02 for a union with the same person.

C12.04 For an Employee with less than two (2) years of continuous employment, in the event of termination of employment for reasons other than death or lay-off within six (6) months after the granting of marriage leave, an amount equal to the amount paid to the employee during the period of leave will be recovered by the Employer from any monies owed the employee.

Article C13 - Court Leave with Pay

C13.01 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 or justice or before a grand jury;
    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 his or her 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 C14 - Personnel Selection Leave with Pay

C14.01 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), with whom the Canadian Food Inspection Agency has agreements on areas of selection, 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 their presence is required.

Article C15 - Injury-on-duty Leave with Pay

C15.01 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 Worker's Compensation Board that such employee is unable to perform their duties because of:

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

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

Article C16 - Examination Leave

C16.01 Leave with pay to take examinations or defend dissertation may be granted by the Employer to an employee who is not on education leave. 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 the employee's qualifications.

Article C17 - Career Development

Preamble

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.

C17.01 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 the employee's 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 shall receive an allowance in lieu of salary of not less than fifty per cent (50%) of his basic salary. The percentage of the allowance is at the discretion of the Employer. 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 he has undertaken to serve after completion of the course,

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

C17.02 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 the 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 his field of specialization, subject to budgetary and operational constraints.
  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 payment of convention or conference registration fees and reasonable travel expenses.
  7. **An employee shall not be entitled to any compensation under Articles B3 - Overtime or B8 - Travelling Time in respect of hours such employee is in attendance at or travelling to or from a conference or convention under the provisions of this clause, except as provided by sub-clause (e).

C17.03 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 his assigned work projects when in the opinion of the Employer such research is needed to enable the employee to fill his 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 sub-clause C17.03(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 normal compensation including any increase for which he may become eligible. The employee shall not be entitled to any compensation under Articles B3 - Overtime or B7 - 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.

C17.04 Selection Criteria

  1. Should the Employer establish selection criteria for granting leave under clauses C17.01 through C17.03 for a specified group, a copy of these criteria will be provided to an employee who so requests and to the Institute Representative on the CFIA Career Development Consultation Committee. The Employer, on request, will consult with the Institute Representative on the Committee with regard to the selection criteria.
  2. All applications for leave under clauses C17.01 through C17.03 will be reviewed by the Employer. A list of the names of the applicants to whom the Employer grants leave under clauses C17.01 through C17.03 will be provided to the Institute Representative on the Canadian Food Inspection Agency's Career Development Consultation Committee.

**C17.05 Canadian Food Inspection Agency (CFIA) Career Development Committee

  1. **The parties to this collective agreement acknowledge the mutual benefits to be derived from consultation on Career Development. To this effect the parties agree that such consultation will be held at the Agency level either through the existing Joint Consultation Committee or through the creation of a CFIA Career Development Consultation Committee. A consultation committee, as determined by the parties, may be established at the local, regional or national level.
  2. The CFIA Consultation committee shall be composed of mutually agreeable numbers of employees and Employer representatives who shall meet at mutually satisfactory times. Committee meetings shall normally be held on the Employer's premises during working hours.
  3. Employees forming the continuing membership of the CFIA Consultation Committees shall be protected against any loss of normal pay by reason of attendance at such meetings with management, including reasonable travel time where applicable.
  4. The Employer recognizes the use of such committees for the purpose of providing information, discussing the application of policy, promoting understanding and reviewing problems.
  5. It is understood that no commitment may be made by either party on a subject that is not within their authority or jurisdiction, nor shall any commitment made be construed as to alter, amend, add to or modify the terms of this Agreement.

Article C18 - Leave for Labour Relations Matters / Public Service Labour Relations Board Hearings

C18.01 Public Service Labour Relations Board Hearings

Complaints made to the Public Service Labour Relations Board Pursuant to Section 190(1) of the Public Service Labour Relations Act.

Where operational requirements permit, the Employer will grant leave with pay:

  1. to an employee who makes a complaint on his own behalf before the Public Service Labour Relations Board, and
  2. to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Institute making a complaint

C18.02 Application for Certification, Representations and Intervention with Respect to Application for Certification

Where operational requirements permit, the Employer will grant leave without pay:

  1. to an employee who represents the Institute in an application for certification or in an intervention, and
  2. to an employee who makes personal representations with respect to a certification.

C18.03 Employee Called as a Witness

The Employer will grant leave with pay:

  1. to an employee called as a witness by the Public Service Labour Relations Board, and
  2. where operational requirements permit, to an employee called as a witness by an employee or the Institute.

**C18.04 Arbitration Board, Public Interest Commission Hearings, and Alternative Dispute Resolution Process

Where operational requirements permit, the Employer will grant leave with pay to an employee representing the Institute before an Arbitration Board, or in an Alternative Dispute Resolution process, or Public Interest Commission hearing; all of which are as defined in the Public Service Labour Relations Act.

C18.05 Employee Called as a Witness

The Employer will grant leave with pay to an employee called as a witness by an Arbitration Board, in an Alternative Dispute Resolution process, or Conciliation Board hearing; all of which are as defined in the Public Service Labour Relations Act.

C18.06 Adjudication

Where operational requirements permit, the Employer will grant leave with pay to an employee who is:

  1. a party to an adjudication, or
  2. the representative of an employee who is a party to an adjudication, or
  3. a witness called by an employee who is party to an adjudication.

C18.07 Meetings During the Grievance Process

Employee Presenting Grievance

Where operational requirements permit, the Employer will grant to an employee:

  1. where the Employer originates a meeting with the employee who has presented the grievance, leave with pay when the meeting is held in the headquarters area of such employee and on duty status when the meeting is held outside the headquarters area of such employee; and
  2. where an employee who has presented a grievance seeks to meet with the Employer, leave with pay to the employee when the meeting is held in the headquarters area of such employee and leave without pay when the meeting is held outside the headquarters area of such employee.

C18.08 Employee Who Acts as a Representative

Where an employee wishes to represent at a meeting with the Employer, an employee who has presented a grievance, the Employer will, where operational requirements permit, grant leave with pay to the representative when the meeting is held in the headquarters area of such employee and leave without pay when the meeting is held outside the headquarters area of such employee.

C18.09 Grievance Investigations

Where an employee has asked or is obliged to be represented by the Institute in relation to the presentation of a grievance and an employee acting on behalf of the Institute wishes to discuss the grievance with that employee, the employee and the representative of the employee will, where operational requirements permit, be given reasonable leave with pay for this purpose when the discussion takes place in the headquarters area of such employee and leave without pay when it takes place outside the headquarters area of such employee.

C18.10 Contract Negotiations Meetings

Where operational requirements permit, the Employer will grant leave without pay to an employee for the purpose of attending contract negotiations meetings on behalf of the Institute.

C18.11 Preparatory Contract Negotiations Meetings

Where operational requirements permit, the Employer will grant leave without pay to an employee to attend preparatory contract negotiations meetings.

C18.12 Meetings between the Institute and Management

Where operational requirements permit, the Employer will grant leave with pay to an employee to attend meetings with Management on behalf of the Institute.

C18.13 Institute Executive Council Meetings and Conventions

Where operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees to attend meetings and conventions provided in the constitution and by-laws of the Institute.

C18.14 Stewards Training Courses

  1. Where operational requirements permit, the Employer will grant leave without pay to employees appointed as Stewards by the Institute, to undertake training sponsored by the Institute related to the duties of a Steward.
  2. Where operational requirements permit, the Employer will grant leave with pay to employees appointed as Stewards by the Institute, to attend training sessions concerning Employer-employee relations sponsored by the Employer.

Article C19 - Religious Observance

C19.01 The Employer shall make every reasonable effort to accommodate an employee who requests time off to fulfill his or her religious obligations.

C19.02 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 the case of a shift worker) in order to fulfill their religious obligations.

C19.03 Notwithstanding clause C19.02, 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.

C19.04 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 C20 - Other Leave with Pay

C20.01 At its discretion, the Employer may grant leave with pay for purposes other than those specified in this Agreement, including military or civil defence training, emergencies affecting the community or place of work, and when circumstances not directly attributable to the employee prevent his reporting for duty.

C20.02 Volunteer Leave

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

C20.03 Personal Leave

Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working 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 times 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.

Article C21 - Other Leave Without Pay

C21.01 At its discretion, the Employer may grant leave without pay for purposes other than those specified in this Agreement, including enrollment in the Canadian Armed Forces and election to a full-time municipal office.

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