Canadian Blood Services (Transport Unit) Collective Agreement 2017-2021

Article 18: Leaves of Absence

1. General Leave
   
   Leave of absence without pay may be granted to an Employee at the discretion of the Employer, and the Employee shall not work for gain during the period of leave of absence except with the express consent of the Employer. With the exception of an impaired driving conviction, which is just cause for dismissal, Employees may be granted a leave of absence to a maximum of six (6) months for license suspensions occasioned outside working times, at the discretion of the Employer.  Upon satisfactory proof from the Employee that the license revalidation has been delayed by slow governmental process and supporting proof from the Employee that the application was applied for right away and that the delay was due to no fault on their part, a few days’ extension of such leave of absence may be allowed.  Such extension of leave, however, must be applied for in writing on the expiration of the license suspension period.
2. Paid Leaves of Absence
   1. Bereavement Leave
      1. Bereavement leave up to five (5) working days with pay shall be granted in the event of the death of a member of the Employee’s family, i.e. children, parents, brothers, sisters, spouse (common-law included or same gender relationship publicly maintained for a period of at least one (1) year), fiancé(e), step-parents, 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, grandchildren, stepdaughter or stepson.
      2. Bereavement leave may be extended up to two (2) working days with pay if travel is necessary, and provided the travel required is greater than three hundred and twenty (320) kilometres from the Employee’s residence, one (1) way.
      3. 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.
      4. 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.
      5. Notwithstanding the provisions of Article 18.02(a), 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.
   2. Personal Leave
      
      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.  Requests for additional leave of absence in these circumstances shall be subject to the provisions of Article 18.07.  Such hours are non-cumulative from one fiscal year to the next.
      
      An Employee may be required to submit satisfactory proof to the Employer demonstrating the need for Personal Leave.
   3. Citizenship Leave
      
      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.
   4. Wedding Leave
      
      Up to three (3) working days with pay shall be granted for the Employee’s wedding.  This may be added to any period of annual leave available or may be taken separately.
   5. 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.
   6. Appointment Leave
      
      Whenever possible, Employees should endeavour to arrange appointments outside working hours.  Upon written request, a full-time Employee shall be granted up to a maximum of 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:
      1. they have been given prior written authorization by the Employer; and
      2. they submit satisfactory proof of attendance at such appointments when required to do so by the Employer.

3. Compassionate Care Leave
   
   An Employee with a qualified relative in the end-stage of life shall be entitled to a 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 17 in which they are participating on the existing cost sharing basis.

   (i) At the request of the Employee, compassionate care leave may be taken in one (1) week increments.
   
   (ii) 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.

4. Maternity, Adoption, and Parental Leave
   An Employee requesting maternity or parental leave shall provide the Employer with four (4) weeks’ written notice.
   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 intent to take parental leave.
      
      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.
      
      Maternity leave shall be without pay and insured benefits as set out under Articles 18.04(f), 18.07 (d) and 18.07 (c)(i), except for the portion of maternity leave during which the Employee has a valid health related reason for being absent from work and as set out under the SEB plan in article 18.05.  An Employee who provides a medical certificate for a valid health related absence, and who is in receipt of EI maternity leave benefits and has sick leave days available under the Sick Leave Plan, will be eligible to supplementary benefits from the Employer.
      
      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 16.07(c)(i) and 16.07(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) day's 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 an unpaid 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 18.07 (d) and 18.07 (c)(i), and shall not exceed sixty-two (62) weeks.
      2. If the 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 otherwise agreed to by the Employer.
      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 maternity/parental or adoption leave 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 them immediately prior to taking leave and at the same step in the pay scale or provide them 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 benefits as specified in Article 18.07(c)(i).  Pension contributions shall be in accordance with the regulation under the Pension Plan.

5. 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 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 SEB plan (for the health-related portion of the maternity leave of absence) as set out under Article 18.04 (a).
   
   CBS will pay seventy-five percent (75%) of the Employee’s regular weekly rate of pay for the 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 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 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
   
   - SEB payments will be based on the regular weekly rate of pay in the Employee’s home position.
   - 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.
   - 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 payment.

6. In-Service Leave
   1. The Union and the Employer recognize the value of continuing in-service education for Employees and that responsibility for such lies not only with the Employer but also with the Employee. For the purpose of this Article in-service includes:  orientation, acquisition and maintenance of essential skills, and other programs which may be offered by the Employer.
   2. The Employer reserves the right to identify specific in-service sessions as being compulsory for Employees and those required to attend such sessions shall be paid at the applicable rate of pay for attendance.
7. General Policies Governing Leaves of Absences
   1. All applications for leave of absence without pay shall be made in writing to the Employer twenty-eight (28) calendar days in advance except in extenuating circumstances, in order that staff substitutions may be arranged.  Applications shall indicate the date of departure on leave of absence and the date of return. The Employer shall endeavor to respond to the request for a leave of absence within fourteen (14) calendar days of the request by the Employee.
   2. An Employee who overstays their leave without permission of the Employer shall be considered to have terminated their employment.
   3. 1. In the case of leaves of absence without pay of more than one (1) month’s duration, and not exceeding twelve (12) calendar months, 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 17 in which they are currently participating, excluding the LTD plan.  The Employee shall advise the Employer in writing of their decision to continue to contribute to the Pension Plan for up to a maximum one (1) month, subject to the rules and regulations of the plan.
      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 17 shall be made by the Employer from the Employee’s last pay cheque or from the Employee’s first pay cheque after return from such absence.  The Employee shall advise the Employer in writing of their decision to continue to contribute to the Pension Plan for length of the absence, for up to a maximum one (1) month, subject to the rules and regulations of the plan.
   4. In the case of leaves of absence without pay in excess of one (1) month, Employees shall cease to accrue sick leave and vacation days for the entire duration of such absence.  Upon return to employment, the Employee’s anniversary date for the purpose of determining future salary increments, sick leave and vacation service credits will be adjusted by the same amount of time as the leave of absence.
   5. Employees will not be entitled to named holidays with pay which may fall during any period of leave of absence without pay.
8. Union Leave
   1.           Provided the operational efficiency of the Centre shall not in any way be disrupted, leave of absence with pay shall be granted by the Employer to an Employee attending Union conventions, meetings, workshops, seminars, schools or Union business. Such leaves of absence shall be limited to two (2) Employees; however, only one (1) Employee may be on leave at any one time and shall not exceed an aggregate of eight (8) working days in each calendar year in each Centre.  Such leaves of absence shall be subject to the provisions in Articles 18.07 and 21.03.  Where such request for leave of absence is made in writing, the Employer’s reply shall be given in writing.  The Union agrees to reimburse the Employer for the gross salary of the Employee while on leave plus a fifteen percent (15%) administrative charge.
   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. Union Representatives who are members of the bargaining committee of this local unit shall not suffer loss of regular pay in case of attendance at scheduled negotiation meetings with Employer representatives, if the Employee is scheduled to work on such day(s).  The bargaining committee shall be comprised of no more than two (2) Employees from the Edmonton Centre.
   4. The President and Vice President of HSAA will be granted leave of absence without pay and the provisions of Article 18.07 will apply.
9. 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 (4) 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 them immediately prior to taking such leave or be provided with alternate work of a comparable nature.