Bonnyville Health Centre Collective Agreement 2020-2024

Article 28: Leaves of Absence

1. General Policies Covering Leaves of Absence
   1. Employees are eligible for the job protected leaves as set out in the Alberta Employment Standards Code. Employees are eligible for these leaves after ninety (90) days of employment. These Leaves of Absence are without pay.  The Employer may require proof of eligibility for the leaves.
   2. Requests for a leave of absence, without pay, where possible, will be made in writing to the Employer with as much advanced notice as possible, or as outlined in this Article. The granting of a leave of absence is subject to the approval of the Employer. Requests for a leave of absence will not be unreasonably denied and where such request is denied, reasons will be provided.
   3. The Employee shall not work for gain during the period of leave of absence except with the express written consent of the Employer.
   4. An Employee who has been granted leave of absence of any kind and who overstays their leave without permission of the Employer shall be deemed to have terminated their employment, except in extenuating circumstances acceptable to the Employer.
2. Accrual of Benefits While on Leave
   1. Benefits, including vacation, sick leave and Named Holidays do not accrue during any leave of absence without pay in excess of thirty (30) consecutive calendar days.
   2. When an Employee is on leave of absence without pay and is receiving STD, LTD or EI Sick Leave Benefit, the Employer will continue to pay the Employer’s share of all pre-paid premiums for a period not exceeding twenty-four (24) months from the beginning of STD or LTD provided that the Employee makes prior arrangements with the Employer for the pre-payment of the Employee’s share of all paid premiums.  Failure by an Employee to submit the Employee’s portion will result in the Employer discontinuing premium payments for that Employee.
   3. Where an Employee is granted a leave of absence of more than thirty (30) days’ duration, and that Employee is covered by any or all of the plans specified in Article 26, that Employee may, subject to the Insurer’s requirements, make prior arrangement for the prepayment of the full premiums, inclusive of the Employer premiums, for the applicable plans at least one (1) pay period in advance.
3. Leave for Union Business
   1. Provided the efficiency of the Employer shall not in any case be disrupted, a leave of absence with pay and without loss of seniority shall be granted by the Employer to Employees elected or appointed to represent the Union at Union Conventions, Workshops, Seminars, Schools, or to attend Union Business. The Union agrees to reimburse the Employer for actual salary paid to the Employee while on leave plus an amount determined by the Employer to cover the cost of benefits plus fifteen percent (15%) for administrative charges.
   2. Representatives of the Union shall be granted time off with pay and without loss of seniority in order to participate in collective bargaining and Essential Services negotiations with the Employer.  The Union agrees to reimburse the Employer for actual salary paid to the Employee while on leave plus an amount determined by the Employer to cover the cost of benefits plus fifteen percent (15%) for administrative charges. Requests for such leave will be made with as much notice as possible.
   3. Regular Employees who are elected or selected for a full-time position with the Union, or anybody with which the Union is affiliated, shall be granted leave of absence without pay but with no loss of seniority for a period of one (1) year.  Such leave shall be renewed each year, on request during their term of office.
4. Leave for Public Office
   1. The Employer recognizes the right of a Regular Employee to participate in public affairs.  Therefore, upon written request, the Employer shall allow leave of absence without pay so that a Regular Employee may be a candidate in federal, provincial or municipal elections.
   2. Regular Employees who are elected to public office shall be allowed leave of absence without pay but with no loss of seniority during their term of office.
5. 1. Maternity Leave
      1. An Employee who has completed ninety (90) days of continuous employment shall, upon their written request at least two (2) weeks in advance, be granted Maternity Leave to become effective thirteen (13) weeks immediately preceding the expected date of delivery or such shorter period as may be requested by the Employee, provided that they commence Maternity Leave no later than the date of delivery.
      2. Maternity Leave shall be without pay and benefits except for the portion of Maternity Leave during which the Employee has a valid health-related reason for being absent from work and is also in receipt of sick leave, EI SUB Plan benefits, STD or LTD.
      3. Maternity Leave shall not exceed sixteen (16) consecutive weeks.
      4. A pregnant Employee whose continued employment in their position may be hazardous to themselves or to their unborn child, in the written opinion of their physician or a registered midwife, request a modification to their job duties. Where a modification to the job duties is not possible, the Employee may request, a transfer to a more suitable position if one is available. Where no suitable position is available, the Employee may request Maternity Leave as provided by Article 28.05(a) if the Employee is eligible for such leave. In the event that such Maternity Leave must commence in the early stages of pregnancy which results in the need for an absence from work longer than eighteen (18) months, the Employee may request further leave without pay as provided by Article 28.01.
      5. A pregnant Employee whose pregnancy ends other than as a result of a live birth within sixteen (16) weeks of the estimated due is entitled to Maternity Leave.
   2. Parental Leave
      Upon their written request, providing at least two (2) weeks advance notice, an Employee shall be granted parental leave without pay and benefits.  Such leave shall be taken as follows:
      1. For an Employee entitled to Maternity Leave, other than an Employee described in 28.05(a)(v), immediately following the last day of Maternity Leave, a period not exceeding sixty-two (62) weeks; or
      2. In the case of a parent who has completed ninety (90) days of continuous employment, a period not exceeding sixty-two (62) weeks within seventy-eight (78) weeks after the child’s birth; or
      3. In the case of an adoptive parent who has completed ninety (90) days of continuous employment, a period not exceeding sixty-two (62) weeks within seventy-eight (78) weeks after the child is placed with the adoptive parent.
   3. The total period of Maternity and Parental Leave shall not exceed seventy- eight (78) weeks unless mutually agreed between the Employer and Employee.
   4. Maternity and Parental Leaves shall be without loss of seniority.
   5. An Employee on Maternity or Parental Leave shall endeavor to provide the Employer with at least twelve (12) weeks’ written notice of readiness to return to work,  but in any event shall provide four (4) weeks’ written notice, at which time the Employer will reinstate the Employee in the same classification held by them immediately prior to taking Maternity or Parental Leave and at the same Basic Rate of Pay.
6. Court Appearance
   An Employee required by law to appear before a court of law as a witness in matters arising out of their employment with the Employer, as a witness subpoenaed by a court of law to appear in any court, or as a member of a jury, shall be paid the difference between the pay received for such court service and the pay the Employee would have normally received if they have been working, based on the Basic Rate of Pay.  The Employee will report to work during those hours that they are not required to attend court.  For the purpose of the Employee reporting to work, travel time shall be considered as time required to attend court.
7. Education Leave
   1. Should the Employer require an Employee to participate in a compulsory educational program, such Employee shall be compensated in accordance with the following:
      1. For program attendance on regularly scheduled working days, the Employee shall suffer no loss of regular earnings.
      2. On regularly scheduled days off, the Employee shall be paid at the applicable rate of pay for actual time in attendance at such program, or, if mutually agreed upon, shall be granted equivalent time off.
      3. The Employer will pay the cost of the course including tuition fees, travel and subsistence expenses according to Employer policy.
   2. In accordance with the Employer’s policy, a leave of absence and/or reasonable expenses may be granted to an Employee at the discretion of the Employer to enable the Employees to participate in education or exchange programs.
8. Compassionate Care Leave  
   1. An Employee shall be entitled to leave of absence without pay but with benefits at the normal cost sharing, for a period of twenty-seven (27) weeks to care for a qualified relative with a serious medical condition with a significant risk of death within twenty-six (26) weeks from the commencement of the leave.
   2. “Qualified relative” for compassionate care leave means a person in a relationship to the Employee as designated in the Alberta Employment Standards Code regulations.
   3. An Employee shall apply for compassionate care leave at least two (2) weeks, or as soon as reasonably possible, in advance of the commencement of the leave.  
9. Personal Leave
   1. Benefit eligible Regular Employees shall be entitled to Personal Leave days each year, from April 1st through March 31st. Employees shall request Personal Leave as far in advance as possible. Personal Leave is for the purpose of attending to personal matters and family responsibilities, including, but not limited to attending appointments with family members. Requests for Personal Leave shall be granted where operationally acceptable and shall not be unreasonably denied.
   2. The number of Personal Leave days are determined by the Employee’s FTE as of April 1 of each year.
      1. Employees with an FTE of zero point eight (0.80) or greater shall be entitled to three (3) days of seven point seven five (7.75) hours each;
      2. Employees with an FTE between zero point six (0.60) and zero point seven nine (0.79) FTE shall be entitled to two (2) days of seven point seven five (7.75) hours each;
      3. Employees with an FTE between zero point three eight (0.38) and zero point five nine (0.59) FTE shall be entitled one (1) day of seven point seven five (7.75) hours.
   3. Personal Leave days are granted per incident as a full day.
   4. Any Personal Leave days not used by March 31st of each year shall not be carried over or paid out.  Any Personal Leave Days not used upon termination of employment shall not be paid out.
   5. Any Personal Leave days not used by March 31st of each year shall not be carried over or paid out.  Any Personal Leave Days not used upon termination of employment shall not be paid out.
10. Domestic Violence Leave
    1. An Employee who has been subjected to domestic violence may require time off from work for address the situation and shall be entitled to a leave of absence without pay for up to ten (10) days per calendar year.
    2. An Employee may access applicable leaves of absence or banks such as sick leave, personal leave, court appearance leave or general leave without pay.
    3. The Employee and Employer will only disclose relevant information on a “need to know” basis to protect confidentiality while ensuring workplace safety.
11. Notice of Return to Work 
    An Employee off work for ninety (90) calendar days or more shall give the Employer at least fourteen (14) days’ notice of their intent to return to work.