Christenson Communities Ltd. (Royal Oak Manor, Lacombe) Collective Agreement 2020-2024

Article 28: Leaves of Absence

1. General Policies Governing All Leaves of Absence
   1. Applications for leave of absence shall be submitted, in writing, to the Employer as early as possible in order that staff substitutions may be arranged. Applications shall indicate the date of departure on leave and the date of return. The Employer shall indicate approval or disapproval in writing within fourteen (14) calendar days of the request for any leave of absence.
   2. Benefits do not accrue during any leave of absence without pay in excess of one (1) month.
   3. In the case of a leave of absence in excess of one (1) month, Employees shall cease to accrue sick credits, vacation entitlement and credit towards salary increments.
   4. Employees shall not be entitled to Named Holidays with pay which may fall during the period of leave of absence.
   5. When an Employee is on leave of absence without pay and is receiving Long Term Disability benefits, the Employer will continue to pay the Employer’s share of Alberta Health Care premiums for a period not exceeding twenty-four (24) months from the beginning of Long Term Disability provided that the Employee makes prior arrangements with the Employer for the payment of the Employee’s share of Alberta Health Care premiums.  Failure by an Employee to submit their portion of applicable premiums will result in the Employer discontinuing premium payments for that Employee.
   6. Applications for Leave of Absences for more than a period of twelve (12) months require approval by the Human Resources Manager.
   7. During an employee’s leave of absence, the employee may work as a casual employee with the Employer without adversely affecting the employee’s reinstatement to the position from which the employee is on leave.
2. 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.  Where approval is denied, the Employer will respond in writing and reasons shall be given.
3. Bereavement Leave
   1. An Employee shall be granted three (3) consecutive working days’ bereavement leave without loss of salary in the event of the death of the following relatives of the Employee:
      
              Child                        daughter-in-law        step-brother
              Parent                      son-in-law                 step-parent
              Brother                     father-in-law             step-child
              Sister                        mother-in-law           step-sister    
              Guardian                  grandparent              grandchild
              fiancee/fiancé          niece/nephew           aunt/uncle
       
   2. Bereavement may be extended for up to an additional two (2) days at the discretion of the Employer.
   3. Bereavement leave may be split to be taken in two (2) portions provided the total amount of bereavement leave taken does not exceed the amount the employee would have been entitled to take in one (1) unbroken period.
   4. Bereavement leave may be taken at any time within a reasonable time period after the death of a qualifying relative in order to accommodate religious and/or cultural traditions.  The employee must advise the Wellness Manager of this need at the time of the death of the qualifying relative.
   5. Bereavement leave shall be extended by up to two (2) days if travel in excess of three hundred and twenty (320) kilometres one way from the Employee’s residence is necessary.
   6. In the event of the death of another relative or friend, the Employer may grant time off without pay to attend the funeral service.
   7. Employees may be required to substantiate, in the form prescribed by the employer, any claim for bereavement leave.
4. Maternity Leave
   1. An employee who becomes eligible under Employment Standards shall, upon their written request, 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. 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. Maternity Leave shall not exceed sixteen (16) weeks.
   2. 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, 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 28.04(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.
   3. 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. Parental Leave
   1. A parent-to-be who becomes eligible under Employment Standards shall, upon their written request, be granted leave of absence without pay and benefits for a period up to sixty-two (62) weeks for parenting duties following the birth of a child.
   2. An employee who has ninety (90) days of employment shall be granted leave of absence without pay and benefits for a period of up to sixty-two (62) weeks for the purpose of adopting a child provided that:
      1. they make a written request for such leave at the time the application for adoption is approved and keeps the Employer advised of the status of such application; and
      2. they provides the Employer with at least one (1) day’s notice that such leave is to commence.
   3. Parental Leave shall end seventy-eight (78) weeks from the birth of the child or date of adoption, unless mutually agreed otherwise between the employer and the employee.
   4. An employee absent on Parental Leave shall endeavor to provide the Employer with twelve (12) weeks written advance notice of their readiness to return to work but in any event shall provide four (4) weeks written notice, following which the Employer will reinstate them in the same position they held immediately prior to taking such leave and at the same step in the salary scale or provide them with alternate work of a comparable nature at not less than the same step in the salary scale and other benefit that accrued to them up to the date they commenced the leave.
   5. Parental Leave of at least one (1) working day with pay shall be granted upon the written request of a parent-to-be to enable such employee to attend to matters directly related to the birth or adoption of a child.
6. Educational Leave
   1. The Employer makes available to the Employee an opportunity to participate in educational programs. Employees are encouraged to improve their educational qualifications and training in order to increase their competence in their present position and to prepare themselves for future advancement.
   2. A paid leave of absence and/or reasonable expenses may be granted to an Employee at the discretion of the Employer to enable the Employee to participate in education programs.
   3. 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 three-quarter (7 ¾) hours per day;
      3. The Employer will pay the cost of the course including tuition fees, reasonable travel and subsistence expenses subject to prior approval.
7. Leave of Absence for Union Business
   1. Provided the efficiency of operations shall not in any case be disrupted, leave of absence without pay and without loss of seniority shall be granted by the Employer to regular Employees elected or appointed to represent the Union at conventions, meetings, workshops, seminars, schools, and other Union business.
   2. Regular Employees who are elected or selected for a full-time position with the Union shall be granted leave of absence without pay but with no loss of seniority for a period of one (1) year.  Extension of such leave may be granted, if submitted in writing and approved by the Human Resources Manager.  Approval of an extension will be dependent on operational requirements and will not be unreasonably withheld.
   3. Should the Employer not grant a leave requested in Article 28.11 (a) or (b), the Employer will provide to the Employee the reasons in writing for the request not being granted.
   4. Members of the Board of Directors of the Union shall be granted a leave of absence without pay to attend meetings of the Board of Directors of the Union.  Such member shall provide the Employer with such request in writing with as much advance notice as possible.
   5. Representatives of the Union shall be granted time off without loss of seniority and without pay in order to participate in negotiations with the Employer.
   6. Time off granted in accordance with Article 28.07(a)(b)(c)(d) and (e) shall be with pay and the Union agrees to reimburse the Employer for the costs of the absence plus a fifteen percent (15%) administration fee.
8. Special Leave
   The Parties recognize that an employee may be unable to report to work due to unanticipated circumstances of pressing necessity which require the employee’s personal attention and which may include illness in the immediate family.  The Employer shall approve special leave in such circumstances to a maximum of thirty-one (31) hours without loss of pay in each calendar year. The employee shall use either a vacation day, a day in lieu of a Named Holiday, banked overtime, sick leave or an unpaid leave of absence for the hours not worked. The employee may be required to submit satisfactory proof of the need for Special Leave.
9. Caregiver Leaves
   1. Compassionate Care Leave
      1. An Employee who becomes eligible under Employment Standards, 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. At the request of the Employee, compassionate care leave may be taken in one (1) week increments.
      4. 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.
   2. Critical Illness Leave
      1. An Employee who becomes eligible under Employment Standards, and is a family member of a critically ill or injured child or a critically ill qualified adult relative,  shall be entitled to leave of absence without pay or benefits,
         
         •    for a period of thirty-six (36) weeks to care for their critically ill child; or,
         •    for a period of up to sixteen (16) weeks to care for a critically ill qualified adult relative.
          
      2. “Critically ill child” means a child, step-child, foster child or child who is under legal guardianship, and who is under eighteen (18) years of age for whom the Employee would be eligible for the parents of critically ill child leave under the Employment Standards Code (Alberta) and regulations.
      3. “Critically ill qualified adult relative” means a person in a relationship to the Employee for whom the Employee would be eligible for critical illness leave under the Employment Standards Code (Alberta) and regulations.
      4. At the request of the employee, critical illness leave may be taken in one (1) week increments.
      5. Where possible, an employee shall apply for critical illness 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. Employees may be required to submit to the Employer satisfactory proof demonstrating the need for compassionate care leave or critical illness leave.
10. Military Leave
    Upon application by an employee, the Employer shall grant a leave of absence for military leave. Such leave of absence shall be in accordance with the Government of Canada regulations and any regulations passed by the Employer relative to their pension and group insurance contributions.
11. Death or Disappearance of a Child Leave
    An Employee who meets the criteria for death or disappearance of child leave specified in the Employment Standards Code shall be entitled to a leave of absence without pay for a period up to:
    1. Fifty-two (52) weeks in the event of the disappearance of a child; or
    2. One hundred and four (104) weeks in the event of the death of a child.
12. Domestic Violence Leave
    1. An Employee who has been subjected to domestic violence may require time off from work to address the situation and shall be entitled to leave of absence without pay for of 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. Personal information concerning domestic violence shall be kept confidential by the Employer.
    4. When an Employee reports that they are experiencing domestic violence, the Employer shall complete a hazard assessment and, where appropriate, may facilitate alternate work arrangements.
13. Citizenship Ceremony Leave
    An Employee who becomes eligible under Employment Standards is entitled to one half (1/2) day of leave without pay to attend a citizenship ceremony to receive a certificate of citizenship, as provided for under the Citizenship Act (Canada).