Bethany Care Society Collective Agreement 2020-2024

Article 29: Part-time Employees

1. All provisions of this Collective Agreement shall apply to regular part-time Employees, except:
   
   Article 8 – Probationary Period
   Article 10 – Hours of Work
   Article 11 - Shift Schedules
   Article 12 – Overtime
   Article 16A – Salaries
   Article 18 – Annual Vacation
   Article 19 – Named Holidays
   Clause 20.06 – Bereavement Leave
   Article 25 – Sick Leave
   
   Which are replaced with the following:
2. Hours of Work
   Regular hours of work, exclusive of meal periods, shall be up to seven and three-quarters (7 3/4) consecutive hours in any day.  The ratio of work days to non-work days shall not exceed 5:2 in the complete cycle of the shift schedule.  At the time of hire or transfer, the Employer shall state in writing the specific number of hours per shift cycle, which shall constitute the regular hours of work for each part-time Employee.  Such hours shall not be altered except by the operation of the provisions of this Collective Agreement.
3. Regular hours of work shall be deemed to:
   1. include, as scheduled by the Employer, two (2) rest periods of fifteen (15) minutes during each full working shift of seven and three-quarter (73/4) hours; or
   2. include, as scheduled by the Employer, one (1) rest period of fifteen (15) minutes during each shift of not less than four (4) hours; and
   3. exclude a meal period of thirty (30) minutes to be scheduled by the Employer during each working day on which the Employee works in excess of four (4) hours;
   4. When an Employee is required by the Employer to remain readily available for duty during their meal period, they shall be paid for the meal period at their basic rate of pay unless they are permitted to take compensating time off for the full meal period at a later time in the shift.  Such paid meal period shall not be included in the calculation of regular hours of work.
   5. If an Employee is required to work during their meal period or rest period they shall be given a full meal period or rest period later in their shift, or, where that is not possible, be paid for the meal period or rest period as follows:
      1. for a rest period, at two times (2X) their basic rate of pay rather than at straight time; or
      2. for a meal period for which the Employee is entitled to be paid in accordance with Article 29.03(d), at two times (2X) their basic rate of pay in lieu of the premium in 29.03 (d)
      3. for a meal period for which the Employee is not otherwise entitled to be paid, at two times (2X) their basic rate of pay.
      4. Only meal or rest periods which result in more than seven and three quarters (73/4) hours being worked in a day may be banked for the purpose of lieu time.
4. An Employee shall be aware that they may be required to work various shifts throughout the twenty-four (24) hour day and the seven (7) days of the week.  The first shift of the working day shall be the one wherein the majority of hours worked fall between 2400 and 0800 hours.
5. Shift Scheduling Standards and Premiums for Non-compliance
   1. Except in cases of emergency or by mutual agreement between the Employer and the Employee, shift schedules shall provide for:
      1. at least two (2) of the scheduled days off to be consecutive in each two (2) week period;
      2. where possible, one (1) weekend off in each two (2) week period but, in any event, two (2) weekends off in each five (5) week period;
      3. at least twelve (12) hours off duty between the end of one shift and the commencement of the next shift;
      4. not more than seven (7) consecutive scheduled days of work.
   2. Where the Employer is unable to provide the provisions of Sub-clause 29.05(a) (i), (ii), or (iii), and an emergency has not occurred, nor has it been mutually agreed otherwise, the following conditions shall apply:
      1. failure to provide days off in accordance with Sub-clause 29.05(a)(i) shall result in the payment to each affected Employee of overtime pursuant to the Overtime Article of this Collective Agreement for one (1) regular shift worked during the two (2) week period;
      2. failure to provide both of the required two (2) weekends off duty in accordance with Sub-clause 29.05(a)(ii) shall result in payment to each affected Employee of overtime pursuant to the Overtime Article of this Collective Agreement for each of four (4) regular shifts worked during the five (5) week period;
      3. failure to provide one (1) of the required two (2) weekends off duty in accordance with Sub-clause 29.05(a)(ii) shall result in payment to each affected Employee of overtime pursuant to the Overtime Article of this Collective Agreement for each of two (2) regular shifts worked during the five (5) week period;
      4. failure to provide twelve (12) hours off duty in accordance with Sub-clause 29.05(a) (iii) shall result in payment of overtime pursuant to the Overtime Article of this Collective Agreement for hours worked on that next shift.
   3. For the purpose of this provision, “weekend” shall mean a consecutive Saturday and Sunday assuring a minimum of fifty-six (56) hours off duty.
   4. An Employee required to rotate shifts shall be assigned day duty approximately one-third (1/3) of the time unless mutually agreed to by the Employer and Employee provided that, in the event of an emergency or where unusual circumstances exist, the Employee may be assigned to such shift as deemed necessary by the Employer.
      
      For the purpose of applying this provision:
      1. scheduled days off shall not be considered as day duty; and
      2. time off on vacation shall only be considered as day duty if day duty would have been worked by the Employee according to the shift schedule save and except for the vacation.
6. Schedule Posting and Schedule Changes
   1. Unless otherwise agreed between the Employer and the Union, shift schedules shall be available eight (8) weeks in advance.   If a shift schedule is changed after being made available, the affected Employees shall be provided with at least seven (7) calendar days’ notice of the new schedule.   In the event that an Employee’s schedule is changed in the new shift schedule and they are not provided with at least seven (7) calendar days’ notice, they shall be entitled to premium payment subject to the provisions of Sub-clause 29.03(b), (c) and (d).
   2. Unless an Employee is given at least seven (7) calendar days’ notice of a change of their scheduled day(s) off, they shall be paid two times (2X) the Basic Rate of Pay for hours worked on the first shift of the changed schedule unless such change is at the Employee’s request.
   3. If, in the course of a posted schedule, the Employer changes the Employee’s scheduled shift (i.e., days to evenings, days to nights or evenings to nights) but not their day off, they shall be paid overtime pursuant to the Overtime Article of this Collective Agreement for hours worked on the first shift of the changed schedule unless at least seven (7) calendar days’ notice of such change has been given.
   4. If, in the course of a posted schedule, the Employer changes the Employee’s shift start time by more than two (2) hours, they shall be paid overtime pursuant to the Overtime Article of this Collective Agreement for hours worked on this shift unless at least seven (7) calendar days’ notice of such change has been given.
7. The Employer, in scheduling shifts, shall take into consideration an Employee’s request for certain shift schedules, subject to the requirements of Clause 29.05.
8. When the Employer approves an Employee's request to temporarily change/trade their scheduled hours of work, such schedule change will not constitute an "Employer" schedule change as contemplated in Articles 11 and 29.
   
   Employer approval of the foregoing schedule changes shall be subject to operational requirements and will not result in additional cost to the Employer.   In all cases, Employees will be paid at straight time with no eligibility for premiums.
9. In the event that a part-time Employee reports for work as scheduled and is required by the Employer not to commence work but to return to duty at a later hour, they shall be compensated for that inconvenience by receiving two (2) hours pay at their basic rate of pay.
   
   Should a part-time Employee report and commence work as scheduled and be required to cease work prior to completion of their scheduled shift and return to duty at a later hour, they shall receive their basic hourly rate of pay for all hours worked with an addition of two (2) hours pay at their basic rate of pay for that inconvenience.
10. A part-time Employee shall not be scheduled to work more than two (2) different shifts between scheduled days off except as mutually agreed between the Employer and the Employee.
11. 1. A part-time Employee may work additional shifts.
    2. Where a part-time Employee volunteers or agrees when requested to work additional shifts, they shall be paid their basic rate for such hours, or if applicable, at the overtime rate(s) provided in Clause 29.13:
       1. for those hours worked in excess of seven and three-quarter (73/4) hours in a day; or
       2. for work performed by the Employee on days in excess of the work ratio referred to in Clause 29.02.
    3. Where the Employer requires a part-time Employee to work without their having volunteered or agreed to do so, they shall be paid the applicable overtime rate provided in Clause 29.13.
    4. Subject to operational requirements, the Employer will not unreasonably deny an Employee’s request for vacation under this Collective Agreement.
12. On the date fixed by proclamation, in accordance with the Daylight Savings Time Act, of conversion to Mountain Standard Time, regular hours of work shall be extended to include the resultant additional hour with additional payment due therefore at the applicable overtime rate.  On the date fixed by said Act for the resumption of Daylight Savings Time, the resultant reduction of one (1) hour in the shift involved shall be effected with the appropriate deduction in regular earnings.
13. Overtime
    1. Overtime is all time authorized by the Employer and worked by an Employee in excess of seven and three-quarter (73/4) hours per day.
    2. The overtime rate of two times (2X) the applicable basic rate of pay shall be paid for overtime worked.  An Employee will be paid for all overtime hours worked on any day worked in excess of the work ratio pursuant to the Shift Schedules Article of this Collective Agreement.
    3. The Employer shall designate an individual who may authorize overtime.
    4. Authorization for overtime after the fact by the Employer shall not be unreasonably denied where overtime arises as a result of unforeseeable circumstances in which it is impossible to obtain prior authorization.
    5. Overtime may be accumulated and taken in time off at a mutually acceptable time at the applicable premium rate. Time off not taken by the last day of March in any given year shall be paid out.
    6. Except in cases of emergency, no Employee shall be required or permitted to work more than a total of sixteen (16) hours (inclusive of regular and overtime hours) in a twenty-four (24) hour period beginning at the first hour the Employee reports for work.
    7. Rest periods and meal periods shall be provided in accordance with the Hours of Work Article of this Collective Agreement.
    8. Employees shall not be required to take time off during their regular scheduled shifts to equalize any overtime worked previously.
14. Named Holidays
    A Part-time Employee required to work on a Named Holiday pursuant to the Named Holidays Article shall be paid at one and one-half times (11/2X) their basic rate of pay for work performed up to nine and three-quarter (93/4) hours.  Two times (2X) their basic rate of pay shall be paid for work in excess of nine and three-quarter (93/4) hours on such day.
15. Part-time Employees shall be paid, in addition to their basic rate of pay, five percent (5%) of this rate per pay period in lieu of the Named Holidays named in the Named Holidays Article.
16. 1. Unless an Employee requests otherwise, each part-time Employee shall be scheduled so as to be given either Christmas Day or New Year’s day off.
    2. Subject to operational requirements, the Employer shall rotate, as evenly as possible amongst Employees in a department, the requirement to work on a Named Holiday.

17. Annual Vacation
    Part-time Employees shall be entitled to receive time off with pay for vacation purposes based on the number of calendar years of continuous employment as outlined below:
    
    Hours worked including                        The applicable                  Number of hours of paid
    vacation but exlusive               X           % outlined below       =     vacation time to be taken
    of overtime                                                                                        in the next vacation year
    
    Year(s) of Continous            Vacation 
    Employment Completed      Entitelement
    1                                                  6.00%
    2-9                                             8.00%
    10-19                                         10.00%
    20+                                           12.00%
    
    Supplemental Vacation
    The supplementary vacations as set out below are to be banked on the outlined supplementary vacation employment anniversary date and taken at a mutually agreeable time subsequent to the current supplementary vacation employment anniversary date but prior to the next supplementary vacation employment anniversary date:

    1. Upon reaching the employment anniversary of twenty-five (25) years of continuous service, Employees shall have earned an additional 2% vacation entitlement.
    2. Upon reaching the employment anniversary of thirty (30) years of continuous service, Employees shall have earned an additional 2% vacation entitlement.
    3. Upon reaching the employment anniversary of thirty-five (35) years of continuous service, Employees shall have earned an additional 2% vacation entitlement.
    4. Upon reaching the employment anniversary of thirty-five (40) years of continuous service, Employees shall have earned an additional 2% vacation entitlement.
    5. Upon reaching the employment anniversary of thirty-five (45) years of continuous service, Employees shall have earned an additional 2% vacation entitlement.

    Regular Part-time Employees shall earn supplementary vacation with pay calculated in hours in accordance with the following formula:
    
    Hours worked during                 The applicable                    Number of hours of paid,
    during the vacation        X         % as outlined        =            Supplementary vacation
    year at the rate                          below                                   time to be taken in the
    specified in this Article                                                           current supplementary
                                                                                                     vacation period

18. Vacation Entitlement
    Time of Vacation
    1. All vacation earned during one (1) vacation year shall be taken during the next following vacation year, at a mutually agreeable time, except that an Employee may be permitted to carry forward a portion of vacation entitlement to the next vacation year.  Requests to carry forward vacation shall be made, in writing, and shall be subject to the approval of the Employer.
    2. Notwithstanding Sub-clause 29.02(a) above, an Employee shall have the right to utilize vacation credits during the vacation year in which they are earned, provided the following conditions are met:
       1. such utilization does not exceed the total credits earned by an Employee at the time of taking vacation; and
       2. such vacation is taken at a mutually agreeable time.
    3. An Employee may request vacation leave during any period of the year.
    4. Upon the request of an Employee, earned vacation credits may be divided into more than one (1) vacation period if approved by the Employer.  Such request shall not be unreasonably denied.  Vacation leave will be deemed to have commenced on the first regularly scheduled work day absent on vacation leave and continue on consecutive calendar days until return to duty.
19. The Employer shall post a twelve (12) calendar month vacation schedule planners at the work site in accordance with its current practice.
20. An Employee shall submit their choice of vacation dates to the Employer for approval within the time frames established by the Employer.
21. An Employee will submit their annual vacation request on or before the March 31 deadline if they wish to exercise their seniority for their vacation request.  Annual vacation requests received after the March 31 deadline will be on a first-come first served basis for that vacation year.
22. In expressing their vacation preferences, subject only to the Employer’s operational requirements, an Employee will have a guarantee of vacation in at least one (1) of three (3) “prime times”.
    
    “Prime times” will be as follows:
    1. Easter from one (1) week before until one (1) week after Easter Sunday in each year;
    2. Summer from June 1 until October 1 in each year;
    3. Christmas from December 15 of one calendar year until January 2 of the following calendar year.
23. An Employee can only use their seniority to obtain the same vacation “prime time” two (2) years in a row.
24. Subject to operational requirements, every reasonable effort will be made to grant Employees their choice of vacation.
25. The Employer will respond to vacation requests within three (3) weeks of the deadlines or within three (3) weeks of requests received after the deadlines.
26. Sick Leave
    1. Sick Leave is provided by the Employer as a form of insurance, for the purpose of maintaining regular earnings, during absences due to illness or accidents for which compensation is not payable under the Workers' Compensation Act or for quarantine by the Medical Officer of Health;
    2. The Employer recognizes that alcoholism, drug addiction and mental illness, are illnesses that can respond to therapy and treatment, and that absences from work due to such therapy shall be considered Sick Leave.
27. An Employee shall be allowed a credit for sick leave (pro-rated relative to a full-time Employee) from the date of employment at the rate of one and one-half (11/2) working days for each full month of employment up to a maximum credit of one hundred and twenty (120) working days (nine hundred and thirty (930) hours).
    
    Sick leave shall not accrue during the period of such absence in excess of thirty (30) days in the case of:
    1. illness;
    2. injury;
    3. leave of absence;
    4. unpaid leave while in receipt of weekly indemnity as provided for by the Short Term Disability Insurance Plan or the Long Term Disability Insurance Plan; and
    5. periods while in receipt of compensation from the Workers' Compensation Board.
28. 1. Employees reporting sick shall advise the Employer as soon as possible and regularly thereafter as required by the Employer;
    2. In the absence of reasons acceptable to the Employer, failure to give the proper notice may result in loss of Sick Leave benefits for that day of absence.
29. Subject to the above, a Part-time Employee granted sick leave shall be paid for the period of such leave at the basic rate of pay and the number of hours thus paid shall be deducted from their accumulated sick leave credits up to the total amount of the Employee’s accumulated credits at the time sick leave commenced.
30. Employees may be required to submit satisfactory proof to the Employer of any illness, non-occupational accident, or quarantine.  Such disclosure will not be required to be in the form of confidential medical information.  Payment of Sick Leave benefit shall not be effected until required substantiation has been supplied.  
31. When a Part-time Employee has accrued the maximum sick leave credit of one hundred and twenty (120) working days (nine hundred and thirty (930) hours), they shall no longer accrue sick leave credits until such time as their total accumulation is reduced below the maximum. At that time they shall recommence accumulating sick leave credits.
32. If a Part-time Employee requires time off for the purpose of attending a dental, physiotherapy, optical or medical appointment because the named health care provider is not available during the Employee's off hours or off days, provided they have been given prior authorization by the Employer, such absence shall be charged against their accumulated sick leave.  Employees may be required to submit satisfactory proof of such appointment.
33. 1. No sick leave shall be granted for any illness which is incurred once an Employee commences their vacation, in this event, the Employee will be receiving vacation pay.  For the purposes of this Article, vacation is deemed to have commenced on the completion of the last regularly scheduled shift worked prior to the vacation period inclusive of scheduled days off.
    2. Sick leave shall be granted:
       1. if an Employee becomes ill during their vacation period only after the expiry of the Employee’s vacation and provided the illness continues beyond the vacation;
       2. for the period of sick time falling within a scheduled vacation period provided that the Employee becomes ill prior to the commencement of the scheduled vacation.  If the Employee so wishes, the number of sick days paid within the scheduled vacation period shall be considered as vacation days not taken and may be rescheduled to a later date.
    3. Notwithstanding the foregoing, should an Employee demonstrate to the satisfaction of the Employer that they were admitted to hospital as an “in patient” during the course of their vacation, they shall be considered to be on sick leave for the period of hospitalization and subsequent period of recovery provided they notifies their Employer upon return from vacation and provides satisfactory proof of their hospitalization.  Vacation time not taken as a result of such stay in the hospital shall be rescheduled to a mutually agreeable time.
34. Upon the request of an Employee, the Employer shall advise an Employee of their accrued Sick Leave credits. Information on an Employee’s sick leave and sick leave entitlement shall be confidential unless the Employee consents in writing to such release.
35. An Employee who has exhausted their sick leave credits during the course of an illness, and the illness continues, shall be deemed to be on sick leave without pay or if applicable, until such time as they qualifies for STD, for the duration of the illness or as provided below, whichever first occurs.  The Employee shall keep the Employer advised as to when they shall be expected back to work and shall provide the Employer with fourteen (14) days written notice of readiness to return to work and:
    1. if the Employee is capable of performing the duties of their former position they shall be reinstated by the Employer in the same position which they held immediately prior to their disability at not less than the same increment in the salary schedule and other benefits that accrued to them prior to their disability.
    2. if the Employee is incapable of performing the duties of their former position but is capable of performing the duties of their former classification, a reasonable effort shall be made by the Employer to place them in an available position that they is capable of performing. In such a case the Parties agrees to waive the posting provisions of the Collective Agreement.
36. The reinstatement of an Employee in accordance with this Article shall not be construed as being in violation of the posting and/or scheduling provisions.
37. Bereavement Leave
    1. Upon request, an Employee shall be granted five (5) consecutive calendar days without loss of regular earnings in the event of a death of a member of the Employee’s immediate family (i.e. spouse, child, parent, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, grandchild, guardian or fiancé).  Spouse shall include common-law and/or same sex relationship.  Step-parent, step-children, step-brother and step-sister shall be considered as members of the Employee’s immediate family.
       
       Upon request, an Employee shall be granted three (3) consecutive calendar days without loss of regular earnings in the event of a death of an Employee’s aunt or uncle.
       
       The Employer may extend the above bereavement leave by up to two (2) additional days without loss of regular earnings in the event travel in excess of two hundred (200) kilometres is required to attend the funeral.
       
       Bereavement leave shall be taken within the ten (10) consecutive calendar days commencing with the date of the death.
    2. In the event of a death of another relative or close friend, the Employer may grant up to one (1) working day off with pay to attend the funeral services.
    3. Employees may be required to substantiate, in the form prescribed by the Employer, any claim for bereavement leave. Payment of bereavement leave benefit shall not be effected until required substantiation has been supplied.
38. Salaries
    1. Basic salary scales and increments shall be as set out in the Salaries Appendix and shall:
       1. be effective on the dates specified therein;
       2. be applicable to an Employee employed in a designated classification only when such classification has been created within the work force of the Employer and falls within the scope of this bargaining unit;
       3. form a part of this Collective Agreement.
    2. 1. Subject to any of the other terms of this Collective Agreement providing for the withholding or delay in granting of an increment, an Employee’s basic rate of pay will be advanced to the next higher basic rate of pay following in the case of a part-time Employee, two thousand and twenty-two point seven five (2022.75) hours worked with the Employer.
       2. The regular hours that an Employee would have worked during the following Employer paid leaves will be considered as regular hours worked for the purpose of advancing to the next increment: vacation, sick leave, lieu time taken, court appearance, bereavement, special leave and education leave. In addition, the hours equivalent to an Employee's FTE for the first 12 months of an unpaid education leave will be credited toward an Employee's salary increment.
    3. Both parties to this Collective Agreement recognize that Employees normally improve in skill and ability relative to experience.  In the event that there is reason to believe that such improvement has not occurred, an annual increment may be withheld.  Where an increment is withheld, the Employee and Union shall be so advised, in writing, and the Employee’s performance will be evaluated, in writing on a month-to-month basis.  After they reaches a satisfactory performance level, the increment shall be granted as of that date.  The Employee’s anniversary date for increment purposes shall not be changed and will be subject to 29.38 (b).
39. For part-time Employees, probation period means five hundred and three point seven five (503.75) regular hours worked exclusive of overtime or fifty-two (52) weeks continuous employment whichever first occurs immediately following the date on which the current period of continuous employment commenced.  If, in the opinion of the Employer, the Employee is found to be unsatisfactory, they may be terminated without notice and without recourse to the grievance procedure.  Hours worked as a Casual Employee in the same classification shall be considered as contributing to the completion of a probationary period up to a maximum of two hundred and forty-eight (248) hours provided that not more than three (3) months have elapsed since they worked for the Employer.
    
    The Employer shall provide a written evaluation to each probationary Employee prior to the completion of their probationary period.
    
    An Employee who has completed their probationary period and has remained in the employ of the Employer in a position covered by the Collective Agreement will not subsequently be placed on probation.