CapitalCare Collective Agreement 2020-2024

Article 33: Leaves of Absence

1. General Conditions Covering Leaves of Absence
   1. A 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.
   2. An application for leave of absence shall be made, in writing, to the Employer as early as possible.  The application shall indicate the desired dates for departure and return from the leave of absence.
   3. An Employee who has been granted leave of absence of any kind and who overstays their leave without written permission of the Employer shall be deemed to have terminated their employment.
   4. Except as provided in Article 33.01(e), where an Employee is granted a leave of absence of more than thirty (30) calendar days’ duration, and that Employee is covered by any or all of the plans specified in Article 25 (Employee Benefit Plans), that Employee may, subject to the Insurer's requirements, make prior arrangement for the prepayment of the full premiums for the applicable plans at least one (1) pay period in advance.  The time limits as provided for in this Article may be waived in extenuating circumstances.
   5. For the portion of maternity leave during which an Employee has a valid health-related reason for being absent from work, and who is in receipt of sick leave, Supplemental Unemployment Benefits Plan, STD or LTD, benefit plan premium payments shall be administered in the same fashion as an Employee absent due to illness.
   6. In the case of a leave of absence or a deemed leave of absence, an Employee shall accrue sick leave and vacation credits for the first thirty (30) calendar days.  An Employee's increment date shall be adjusted by the same amount of time as the leave of absence and the new increment date shall prevail thereafter.
   7. During an Employee’s leave of absence, the Employee may work as a Casual Employee with CapitalCare without adversely affecting the Employee’s reinstatement to the position from which the Employee is on leave.  
2. Educational Leave/Exchange Programs
   1. The parties to this Collective Agreement recognize the value of continuing education for each Employee covered by this Collective Agreement.  Furthermore, the parties recognize that continuing education is a requirement for some Employees.  The responsibility for such continuing education lies not only with the individual but also with the Employer.
   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 Employees to participate in education or exchange 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 3/4) 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.
   4. For the purpose of qualifying for an annual increment, an Employee granted educational/exchange leave shall be deemed to remain in the continuous service of the Employer for the first eighteen (18) calendar months only of such period of leave.  In the event the duration of educational/exchange leave continues for a period in excess of eighteen (18) months, an Employee's anniversary date for salary increment purposes shall be delayed by the amount of time that said leave exceeds eighteen (18) months, and the newly established anniversary date shall prevail thereafter.
   5. An Employee absent on approved education/exchange 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.
3. Personal Leave
   1. Benefit eligible Regular Employees shall be entitled to Personal Leave days each year, from January 1st through December 31st. Employees shall request in writing 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. Employees requesting Personal Leave are not required to provide the Employer with details regarding the purpose of their request. Written requests for Personal Leave shall not be unreasonably denied, subject to operational requirements.
   2. The number of Personal Leave days are determined by the Full Time Equivalency (FTE) as of January 1 of each year.
      1. Full-Time and Part-Time Employees greater than zero point eight (0.80) FTE shall be entitled to three (3) days of seven point seven five (7.75) hours each or twenty three point two five (23.25) hours;
      2. Part-Time Employees between zero point six (0.60) and zero point eight (0.80) FTE shall be entitled to two (2) days of seven point seven five (7.75) hours each or fifteen point five (15.5) hours;
      3. Part-Time Employees between zero point three eight (0.38) and zero point five nine (0.59) FTE shall be entitled to one (1) day or seven point seven five (7.75) hours.
   3. Personal Leave absences shall be granted for a minimum of three hours, up to the maximum scheduled hours for the shift being taken as leave.  Should the Employee bank of personal leave hours drop below 3 hours, the Employee may take personal leave in increments of less than 3 hours.
   4. If Employment commences on or after January 1st of the year, Personal Leave days will be prorated for the remainder of the year as follows:
      1. Full-Time and Part-Time Employees greater than zero point eight (0.80) FTE shall be entitled to three (3) days of seven point seven five (7.75) hours each or twenty three point two five (23.25) hours:
         1. From February 1st to April 30th, eighteen (18) hours;
         2. From May 1st to August 31st, fifteen point five (15.5) hours; and
         3. From September 1st to December 31st, seven point seven five (7.75) hours.
      2. Part-Time Employees between zero point six (0.60) and zero point eight (0.80) FTE shall be entitled to two (2) days of seven point seven five (7.75) hours each or fifteen point five (15.5) hours:
         1. From February 1st to April 30th, twelve (12) hours;
         2. From May 1st to August 31st, nine (9) hours; and
         3. From September 1st to December 31st, six (6) hours.
      3. Part-Time Employees between zero point three eight (0.38) and zero point five nine (0.59) FTE shall be entitled to three (3) hours.
   5. Any Personal Leave days not used by December 31st of each year shall not be carried over or paid out on termination of employment.
4. Bereavement Leave
   1. Bereavement leave with pay of:
      1. five (5) consecutive working days shall be granted in the event of the death of a member of the Employee's immediate family.  Upon request, the Employee may be granted additional leave of absence without pay to attend to delayed matters pertaining to the death of an immediate family member.
         
         Immediate family of the Employee is defined as spouse, parent, child, brother, sister, grandchild, fiancé, step-parent, step-children, step-brother and step-sister, aunt, uncle, niece, nephew, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent-in-law, brother-in-law, sister-in-law, legal guardian and grandparent shall be considered as members of the Employee's immediate family. “Spouse” shall include common-law or same sex relationship and shall be deemed to mean a person who resided with the Employee and who was held out publicly as their spouse for a period of at least one (1) year before the death;
      2. Bereavement leave shall be extended by two (2) additional days if travel in excess of three hundred and twenty (320) kilometers one way from the Employee’s residence is necessary for the purpose of attending the funeral.
   2. Notwithstanding the provisions of Article 33.04(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.
   3. In the event of the death of a close friend or another relative not defined as part of the Employee’s immediate family as per 33.04(a)(i), subject to operational requirements, the Employer may grant time off with pay to attend the funeral service, and such approval will not be unreasonably denied.
5. Maternity Leave
   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 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, Supplemental Unemployment Benefits Plan, 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 herself 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 33.05(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 33.01.  
   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.
6. Parental Leave
   1. A parent-to-be who has completed ninety (90) days of employment shall, upon written request, be granted a leave of absence without pay and benefits for a period up to sixty-two (62) weeks for parenting duties following the birth of the child.
   2. An Employee absent on Parental Leave shall provide the Employer with six (6) weeks written advance notice of their readiness to return to work following which the Employer will reinstate them in the same position held by them 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 benefits that accrued to them up to the date they commenced the leave.
   3. An Employee who has completed 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 the Employee:
      1. makes 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. provides the Employer with at least one (1) days notice that such leave is to commence.
   4. 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.
   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 the child.
7. Union Business
   1. Provided the operational efficiency of the facility shall not in any case be disrupted, leave of absence shall be granted by the Employer to an Employee elected or appointed to represent the Union at conventions, meetings, workshops, seminars, schools, and Union business.  Such leave shall be without pay.  If the request is denied, reasons shall be given by the Employer.
   2. Representatives of the Union shall be granted time off without pay in order to participate in collective bargaining and Essential Services Negotiations with the Employer or its bargaining agent.
   3. Members of the Board of Directors of the Union shall be granted a leave of absence without pay to attend to Union business.  Such member shall provide the Employer with such request in writing with as much advance notice as possible.
   4. The President and Vice President shall be granted leave without pay as required to attend to Union business, provided one (1) weeks notice is given.  Upon notification from the Union to the Employer, the parties shall meet and negotiate specific letters of understanding for leaves of absence under this article.
   5. Subject to operational requirements, when leave for Union Business is granted in accordance with 33.07 (a), (b), (c) and (d) above, the leave shall be granted with pay, provided the Union shall reimburse the Employer for all monies paid to the Employee while on leave, plus a fifteen percent (15%) administration fee.  
8. Compassionate Care Leave
   1. An Employee who has completed at least ninety (90) days of employment, 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.
   5. Employees may be required to submit to the Employer satisfactory proof demonstrating the need for compassionate care leave.
9. Critical Illness of a Child Leave
   1. An Employee who has completed at least ninety (90) days employment, with a critically ill or injured child requiring care or support, 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.
   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).
   3. At the request of the Employee, critical illness of a child leave may be taken in one (1) week increments.
   4. Where possible, an Employee shall apply for critical illness of a child 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.
   5. Employees may be required to submit to the Employer satisfactory     proof demonstrating the need for critical illness of a child leave.
10. 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.
11. 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 up to ten (10) days per calendar year.
    2. An Employee may access sick leave banks for this purpose.
    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.
12. 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 a leave of absence without pay to be a candidate in federal, provincial or municipal elections.
    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 immediately prior to taking such leave or be provided with alternate work of a comparable nature.
13. Citizenship Ceremony Leave
    An Employee who has completed ninety (90) days of employment 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).
14. Military Leave
    An Employee who is required by military authorities to attend training or perform military services shall be granted leave without pay.