Canadian Blood Services (Technical) Collective Agreement 2021-2024

Article 19: Leaves of Absence

1. Bereavement Leave
   1. Bereavement leave of five (5) working days shall be granted in the event of the death of a member of the Employee’s family, i.e., children, parents, brothers, sisters, spouse (which includes common-law or same gender relationships, publicly maintained for a period of at least one (1) year), and fiancé(e). Step-parents, step-children, step-brothers and step-sisters, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, son- in-law, guardian, grandparents, grandparents-in-law, or grandchildren, shall be considered as members of the Employee’s family.
   2. Bereavement leave in 19.01(a) shall be extended by two (2) additional working days where travel in excess of three hundred and twenty (320) kilometres one (1) way from the Employee’s residence is necessary.
   3. In the event of the death of another relative or friend, the Employer may grant time off with pay to enable the Employee to attend the funeral services.
   4. The pay entitlement of regular part-time and temporary Employees for authorized bereavement leave shall be as provided in Article 19.01 (a) but shall be limited to their posted scheduled hours of work.
   5. Notwithstanding the provisions of Article 19.01, where special circumstances exist, an Employee may request that Bereavement Leave be divided into two (2) periods. Such request is subject to the approval of the Employer. In no circumstances, however, shall an Employee be eligible for more days off with pay than they would have been eligible to receive had the Bereavement Leave been taken in one (1) undivided period.
   6. Where, in respect of any period of vacation, an Employee is granted bereavement leave, the period of vacation so displaced shall be reinstated for use at a later date.
2. Special Leaves
   A regular full-time Employee shall be entitled to special leave for the following purposes:
   1. Wedding Leave
      Wedding leave of up to three (3) days of absence with pay may be granted to the Employee for their wedding.  This may be added to any period of annual leave available or may be taken separately.
   2. Parental Leave
      Parental leave of up to three (3) days with pay shall be granted upon request to a father, same sex partner, or adoptive parent.  Such leave with pay shall be taken within fourteen (14) calendar days of the birth or adoption of the child.
   3. Personal Leave
      1. Employees shall be entitled to Personal leave days each year, from April 1st through March 31st (fiscal year). Employees shall request such days as far in advance as possible. These days are 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 not be unreasonably denied, subject to operational requirements.  The Employer shall approve personal leave in such circumstances to a maximum of thirty (30) hours without loss of pay in each fiscal year; any requests for additional leave of absence in these circumstances shall be subject to the provisions of Article 19.07.  Such hours are non-cumulative from one fiscal year to the next.
      2. An employee may be required to submit satisfactory proof to the Employer demonstrating the need for Personal Leave.
   4. Upon written application by the Employee with the citizenship court notice attached, leave with pay of one (1) day shall be granted for the purpose of attending a formal hearing scheduled to take the Canadian oath of citizenship.
   5. The pay entitlement of regular part-time and temporary Employees for authorized special leave shall be as provided in Article 19.02, but shall be limited to their posted scheduled hours of work.
   6. Compassionate Care Leave
      An employee with a qualified relative in the end-stage of life shall be entitled to leave of absence without pay for a period up to six (6) months.  Qualified relative means a person in a relationship to the employee for whom the employee would be eligible for the compassionate care benefit under Employment Insurance legislation. Subject to Plan provisions, Employees may make prior arrangements for the continuation of those insured benefit plans specified in Article 18 in which they are participating on the existing cost sharing basis.
      1. At the request of the Employee, compassionate care leave may be taken in one (1) week increments.
      2. Where possible, an employee shall apply for compassionate leave at least two (2) weeks in advance of the commencement of the leave and shall advise the employer if they want to take the leave in weekly increments.
3. Maternity, Adoption, and Parental Leave
   An Employee requesting maternity/parental leave shall provide the Employer with four (4) weeks written notice.
   1. 1. An Employee who has completed ninety (90) days of employment shall, upon their written request, be granted maternity leave to become effective thirteen (13) weeks immediately preceding the date of delivery or such shorter period as may be requested by the Employee, provided that they commences maternity leave no later than the date of delivery.  The Employee must give written notice to the Employer at the same time they are requesting Maternity Leave that they also intend to take Parental Leave.
      2. The Employer has the right to request the Employee to provide a medical certificate from their physician that they are able to perform all their regular duties and responsibilities; if not, they may be placed on maternity leave.
      3. Maternity leave shall be without pay and benefits as set out under Articles 19.07 (c)(i) and 19.07 (d) 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, EI benefits or LTD and has sick leave days available under the Sick Leave plan.
      4. Time off for Maternity Leave and Parental Leave combined shall not exceed seventy-eight (78) weeks, unless an extension is granted by the Employer.  Request for an extension due to the ill health of the mother or the child shall not be unreasonably denied.
   2. A pregnant Employee whose continued employment in their position may be hazardous to herself or to their unborn child, in the written opinion of their physician or registered midwife, 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 if the Employee is eligible for such leave.  In the event that the maternity leave must commence in the early stages of pregnancy which results in the need for an absence from work longer than seventy-eight (78) weeks, the Employee may request further leave without pay.
   3. An Employee who has completed ninety (90) days of employment shall, upon their written request be granted leave of absence without pay and benefits as set out under Articles 19.07 (c) (i) and 19.07 (d) for a period of up to sixty-two (62) weeks duration for the purpose of adopting a child provided that:
      1. they make written request for such leave at the time the application for adoption is approved, and
      2. they provide the Employer with at least one (1) days’ notice that such leave is to commence.
   4. A pregnant Employee whose pregnancy ends other than as a result of a live birth within sixteen (16) weeks of the estimated due date is entitled to maternity leave. Such maternity leave will end sixteen (16) weeks after the commencement of the leave.
   5. 1. A parent-to-be who has completed ninety (90) days of employment shall, upon their written request, be granted Parental leave to commence two (2) weeks prior to the delivery or such shorter period as may be mutually agreed between the Employee and the Employer.  Such leave shall be without pay and benefits as set out under Articles 19.07 (c) (i) and 19.07 (d) and shall not exceed sixty-two (62) weeks.
      2. If parents of a child are both employed with the same Centre, Parental Leave will not be granted to more than one (1) Employee at a time unless the Employer agrees otherwise.
      3. Employees who intend to share Parental Leave must give notice to their Manager in writing six (6) weeks in advance.
   6. An Employee on such leaves shall provide the Employer with six (6) weeks' written notice of readiness to return to work following which the Employer will reinstate them in the same position held by their immediately prior to taking leave and at the same step in the pay scale or provide their with alternate work of a comparable nature at not less than the same step in the pay scale and all other benefits that accrued to them to the date they commenced the leave.
   7. No Employee shall be required to return from such leaves of absence for the purposes of transferring or being promoted into any vacancy for which they were the successful candidate until such time as their Maternity, Adoption, and/or Parental Leave expires.
   8. An Employee on maternity/adoption/parental leave shall have access to insured benefits and Pension as specified in Article 19.07 (c)(i).

   9. Maternity / Parental / Adoption Supplemental Employment Benefit (SEB)
      Maternity / Parental / Adoption Supplemental Employment Benefit (SEB) shall only apply to eligible Regular Full-time and Regular Part-time employees. 
      
      Eligible employee shall mean an employee who has completed at least thirteen (13) weeks of employment prior to commencing their maternity and/or parental/adoption leave, and who is in receipt of Employment Insurance maternity or parental benefits.
      
      Maternity Supplemental Employment Benefits
      An employee, who is in receipt of Employment Insurance (EI) maternity benefits pursuant to the Employment Insurance Act, shall be paid a SEB that is equivalent to the difference between the gross weekly EI benefit the employee is eligible to receive and seventy-five percent (75%) of the employee’s regular weekly rate of pay. This SEB payment shall commence following completion of the one (1) week EI waiting period and upon submitted proof of receipt of EI benefits.  The SEB payment shall continue while the employee is in receipt of EI maternity benefits for a maximum of fifteen (15) weeks which is inclusive of the Alberta SUB plan (for the health-related portion of the maternity leave of absence) as set out under Article 19.03 (a) (iii).
      
      CBS will pay seventy-five percent (75%) of the employee’s regular weekly rate of pay for the one (1) week waiting period required for maternity benefits under the Employment Insurance Act. 
      
      Parental/Adoption Supplemental Employment Benefits
      An employee, who is in receipt of Employment Insurance (EI) parental benefits pursuant to the Employment Insurance Act, shall be paid a SEB that is equivalent to the difference between the gross weekly EI benefit the employee is eligible to receive and seventy-five percent (75%) of the employee’s regular weekly rate of pay. This SEB payment shall commence following completion of any required one (1) week EI waiting period and upon submitted proof of receipt of EI benefits.  The SEB payment shall continue while the employee is in receipt of EI parental benefits for a maximum of ten (10) weeks.
      
      If a one (1) week waiting period is required for parental benefits under the Employment Insurance Act, CBS will pay seventy-five percent (75%) of the employee’s regular weekly rate of pay for this waiting period.
      
      In instances where two employees share the parental/adoption leave and both are in receipt of EI parental benefits, both employees shall be eligible for the SEB to a maximum of ten (10) weeks each.   
      
      SEB Payment Calculation
      1.    SEB payments will be based on the regular weekly rate of pay in the employee’s home position.
      2.    The regular weekly rate of pay shall be determined by multiplying the employee’s regular weekly work hours by the regular hourly rate on the last day worked prior to the commencement of the leave and excludes overtime, premiums and allowances.
      3.    Regular weekly work hours for regular part-time employees shall be determined by calculating the average regular hours paid per week over the twenty (20) weeks preceding the commencement of the leave. 

      Salary changes with an effective date during the leave will not result in an adjustment to the SEB Plan.

4. Education Leave
   1. Provided that the operational efficiency of the Employer is not seriously disrupted, the Employer will encourage participation in educational programs.  Leaves of absence with or without pay and/or reasonable expenses may be granted at the discretion of the Employer to enable Employees to participate in such programs.  The Employer shall endeavour to ensure that each Employee be given an equal opportunity to attend such educational programs.
   2. Should the Employer direct an Employee to participate in a specific 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. For hours in attendance at such program on regularly scheduled days off, the Employee shall be paid at their basic rate of pay to a maximum of seven and one-half (7 1/2) hours per day.
      3. The Employer will pay the cost of the course including tuition fees, course required books, reasonable travel and subsistence expenses subject to prior approval.
   3. For the purpose of determining salary increments, an Employee granted leave of absence for educational purposes shall be deemed to remain in the continuous service of the employer for the first twenty-four (24) calendar months only of such period of leave.  In the event the period of educational leave continues for a period in excess of twenty-four (24) months, an Employee’s salary increment date shall be delayed by the amount of time that said leave exceeds twenty-four (24) months and the newly established increment date shall prevail thereafter.
   4. An Employee absent on approved education leave will be reinstated by the Employer in the same position and classification held by them immediately prior to taking such leave or be provided with alternate work of a comparable nature if one is available.
5. Union Business
   1.  
      1. Provided that the operational efficiency of the Centre or satellite site will not in any way be disrupted, leave of absence with pay will be granted by the Employer to an Employee attending Union conventions, meetings, workshops, seminars, schools or Union business. Such leaves of absence will be limited to four (4) Employees at any one time and will not exceed thirty calendar days per event in each calendar year in each Centre/satellite site. Such leaves of absence will be subject to the provisions in articles 19.07 (b) and 22.03 (b). Such request for leave of absence will be made in accordance with the provisions of Article 19.07 (b). The Union agrees to reimburse the employer for the gross salary of the Employee while on leave plus a fifteen (15%) administrative charge.
      2. Subject to the operational requirements of the Centre/satellite site, one member of the bargaining unit appointed to a paid position with the Union for a period of up to one (1) year, may be granted leave of absence without pay in accordance with the provisions in Articles 19.07 (b), (c), (d) and (e).
      3. Employees on such leave shall provide the Employer with at least four (4) weeks’ written notice of their return to work.
         
         The Employer will reinstate the Employee in the same position held by their immediately prior to taking leave, and at the same step in the pay scale or provide their with alternate work of a comparable nature at not less than the same scale and all other benefits that accrued to them to the date they commenced the leave.
   2. For members of the Union Board of Directors, where the request for leave to attend Board Meetings is made in writing, it shall be granted.  Such leave shall be with pay.  The Union agrees to reimburse the Employer for the gross salary of the Employee while on leave plus a fifteen percent (15%) administrative charge.
   3. Representatives of the Union bargaining committee(s) shall be granted time off without loss of pay in case of attendance in scheduled negotiation meetings with Employer representatives.
      
      For purposes of this provision, there shall be up to two (2) representatives of the Union from the Calgary Centre and up to three (3) representatives of the Union from the Edmonton Centre.  The number of representatives from the Edmonton Center could include a representative from the satellite site.
   4. The President and Vice-President of the HSAA will be granted leave of absence without pay and the provisions of Article 19.07 will apply.
   5. (e)    The name of a Steward shall be supplied in writing to the employer before they are recognized as a Steward.  A Steward shall be entitled to leave work to carry out their functions as provided in this collective agreement, provided permission to leave work during working hours, and agreement of the length of time of such leave, shall first be obtained from the supervisor.  Such permission shall not be unreasonably withheld.  Stewards shall suffer no loss of pay for time spent on the Employer’s premises in performing their duties as Stewards.
6. Appointment Leave
   1. Whenever possible, Employees should endeavour to arrange appointments outside working hours.  Upon written request, an Employee will be granted up to twenty (20) hours of paid leave per fiscal year (April 1 - March 31) for the purpose of attending dental, physiotherapy, optical and medical appointments, provided that: (a) they have been given prior written authorization by the Employer; and (b) they submit satisfactory proof of attendance at such appointments when required to do so by the Employer.
   2. The pay entitlement for regular part-time and temporary Employees for authorized appointment leave shall be based on their full-time equivalency.
7. General Policies Governing Leaves of Absence
   1. Leave of absence without pay may be granted to an Employee at the discretion of the Employer.  The Employee shall not work for gain during the period of leave of absence except with the express consent of the Employer.
   2. Unless otherwise stated in this article, with the exception of bereavement leave, all applications for leave of absence shall be made in writing to the Employer, twenty-eight (28) calendar days in advance except in extenuating circumstances, in order that staff substitution may be arranged.  The Employer shall endeavour to respond to the request for a leave of absence within fourteen (14) calendar days of the request by the Employee. Applications shall indicate the date of departure on leave of absence and the date of return.
   3. 1. In the case of leaves of absence without pay of more than one (1) month's duration, Employees may make prior arrangements for the payment of the full premium (Employer’s and Employee’s share) of those insured benefit plans specified in Article 18 in which they are currently participating.  The Employee may choose to contribute to the Pension Plan for up to one (1) month.
      2. In the case of leave of absence without pay of one (1) month or less, regular premium deductions for insured benefits specified in Article 18 shall be made by the Employer from the Employee’s last pay cheque or from the first pay cheque of the Employee after return from such absence.  The Employee may choose to contribute to the Pension Plan for up to one (1) month.
   4. In the case of leaves of absence without pay in excess of one (1) month, Employees shall cease to accrue sick leave, annual vacation and service credits for pension purposes.  The Employee’s anniversary increment date shall also be adjusted by the same amount of time as the leave of absence.
   5. Employees shall not be entitled to Named Holidays with pay which may fall during any period of leave of absence without pay.
8. Leave for Public Office
   1. The Employer recognizes the right of an Employee to participate in public affairs.  Therefore, upon written request, the Employer shall allow a leave of absence without pay to permit them to fulfill the duties of that office.
   2. Regular Employees who are elected to public office shall be allowed a leave of absence without pay for a period of time not to exceed four years.
   3. An Employee who has been on public office leave shall be reinstated by the Employer in the same position and classification held by their immediately prior to taking such leave or be provided with alternate work of a comparable nature.