CapitalCare Collective Agreement 2020-2024

Article 21: Vacation With Pay

1. Definitions
   For the purpose of this Article:
   1. “vacation” means annual vacation with pay;
   2. “vacation year” means the twelve (12) month period commencing on the first (1st) day of the fiscal year in the calendar year and concluding on the last day of the fiscal year of the following calendar year.
2. Vacation Entitlement
   Subject to Article 33.01(f), during each year of continuous service in the employ of the Employer, an Employee shall earn vacation with pay in proportion to the number of months worked during the vacation year, to be taken in the following vacation year, except as provided for in Article 21.05.  The rate at which vacation is earned shall be governed by the total length of such employment as follows:
   1. during the first (1st) year of employment, an Employee shall earn entitlement to vacation calculated on a basis of fifteen (15) working days; or
   2. during each of the second (2nd) to ninth (9th) years of employment, an Employee earns vacation entitlement of twenty (20) working days; or
   3. during each of the tenth (10th) to nineteenth (19th) years of employment, an Employee earns vacation entitlement of twenty-five (25) working days; or
   4. during each of the twentieth (20th) and subsequent years of employment, an Employee earns vacation entitlement of thirty (30) working days.
   5. Supplementary 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 five (5) work days’ vacation with pay.
      2. Upon reaching the employment anniversary of thirty (30) years of continuous service, Employees shall have earned an additional five (5) work days’ vacation with pay.
      3. Upon reaching the employment anniversary of thirty-five (35) years of continuous service, Employees shall have earned an additional five (5) work days’ vacation with pay.
      4. Upon reaching the employment anniversary of forty (40) years of continuous service, Employees shall have earned an additional five (5) work days’ vacation with pay.
      5. Upon reaching the employment anniversary of forty-five (45) years of continuous service, Employees shall have earned an additional five (5) work days’ vacation with pay.
3. 1. Where a voluntarily terminated Employee commences employment within six (6) months of date of termination of employment with either the same, or an Employer signatory to a Collective Agreement containing identical provisions for entitlement to vacation as this agreement, or an Employer with a Collective Agreement for which the Union is the certified bargaining agent, such Employee shall retain the level of entitlement to vacation accrued with the former or same Employer.
   2. Where an Employee is voluntarily terminating their employment, the Employer shall provide the Employee with a written statement of their vacation entitlement upon termination.
4. No Employee who, immediately prior to being covered by the terms and conditions of this Collective Agreement, was entitled to or earned vacation benefits in excess of that set out herein shall have their vacation entitlements reduced.  Provided, however, that this clause would only apply where the Employee is working for the same Employer at all relevant times.
5. Time of Vacation
   1. All vacation earned during one 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.  Failure to request or because of denial of carry forward vacation will result in the amount being paid out on the last day of March.
   2. Notwithstanding Article 21.05(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 vacation period if approved by the Employer.  Such request shall not be unreasonably denied. A regular Employee who chooses to take their vacation in broken periods shall be allowed to exercise their preference as to choice of vacation dates for only one (1) vacation period which falls in whole or in part during the period June 1 to August 31 inclusive, except where such vacation periods are not requested by other Regular Employees.
   5. Vacation requests for the current vacation year shall be submitted in the following manner:
      1. The Employer shall post the vacation schedule planner by January 1st of each year.
      2. At the time of posting the planner, the Employer shall provide guidance as to the reasonable number of Employees for each program or site (whichever is applicable) who can be granted vacation at the same time.
      3. Seniority shall be considered when there is a dispute regarding preference for the time that vacation is to be taken.
      4. Regular Employees shall write all their vacation preference on the vacation planner, and submit all their vacation preference on a Vacation/Named Holiday Request Form by February 15th of that year.
      5. The vacation requests submitted for April 1st to April 30th by February 15th will be reviewed first.  The Employer shall provide written approval or denial of those requests no later than February 28th of that year.
      6. Any vacation requests submitted by February 15th for the period of time from May 1st of one year to March 31st of the following year will be approved or denied by March 31st of the same year.
   6. Where a regular Employee submits a vacation preference after February 15th, they shall have waived their right to choose their vacation preference based on their seniority.  Their vacation preference will be dealt with on a first come, first serve basis.  These requests will be approved or denied within four (4) weeks of the request being submitted.
6. Unless given four (4) weeks advance notice of an alteration to their scheduled vacation period, an Employee required by the Employer to work during their vacation period will receive two times (2X) their Basic Rate of Pay for all hours worked.  This premium payment will cease and the Employee's Basic Rate of Pay will apply at the start of their next regularly scheduled shift.  The time so worked will be rescheduled as vacation leave with pay to be added to the vacation period, when possible, or the Employee will be granted equivalent time off in lieu thereof at a mutually agreed later date.  With the approval of the Employer, an Employee may elect to receive payment at the Basic Rate of Pay in lieu of the aforementioned time off.
7. When an Employee's vacation is cancelled by the Employer, the Employer shall be responsible for all non-refundable costs related to the cancellation of the vacation.