CapitalCare Collective Agreement 2020-2024

Article 44: Part-Time, Temporary and Casual Employees

1. Except as modified by this Article, all provisions of this Collective Agreement apply to Part-Time, Temporary and Casual Employees, except that Casual Employees shall not be entitled to benefits provided for in:
   
       Article 9:    Probationary Period
       Article 11:    Work Schedules and Shifts
       Article 23:    Sick Leave
       Article 25:    Employee Benefit Plans
       Article 26:    Pension Plan
       Article 28:    Seniority
       Article 30:    Layoff and Recall
       Article 31:    Technological Change
       Article 33:    Leaves of Absence
       Article 37:    Discipline and Dismissal
       Article 38:    Resignation/Termination
    
2. 1. A Temporary Full-Time or Temporary Part-Time Employee shall be covered by the terms and conditions of this Collective Agreement, applicable to Full-Time or Part-Time Employees as the case may be.
   2. At the time of hire, the Employer shall state in writing the expected term of employment.
   3. A Temporary Employee shall not have the right to grieve the termination of their employment when no longer required in that position or on completion of the expected term of the position nor placement pursuant to Article 29.04(b).

3. Hours of Work

   (A) Amend Article 10.01 to read:
   “Regular hours of work, exclusive of meal periods, shall be up to seven and three-quarter (7 3/4) hours in any day.  The ratio of work days to non-work days shall not exceed five to two (5:2) averaged over a period of not more than four (4) weeks.  Such four (4) week periods shall be consecutive and non-inclusive”.
   
   (B) Amend Article 10.02(a) by adding:
   “Regular hours of work shall include, as scheduled by the Employer, one (1) rest period of fifteen (15) minutes in instances where the shift is less than seven and three-quarter (7 3/4) hours but more than three and three-quarter (3 3/4) hours.”
   
   (C) Amend Article 10 (Hours of Work) by adding:
   "Additional Hours

   1. A Part-Time Employee may work additional shifts from time to time.

   2. Where a Part-Time Employee volunteers or agrees, when requested, to work additional shifts, they shall be paid their Basic Rate of Pay for such hours or, if applicable, at the overtime rate provided in Article 44.05(A) for those hours worked in excess of seven and three-quarter (7 3/4) hours in a day.

   3. An Employee required by the Employer to work an additional shift without their having volunteered or agreed to do so, will receive two times (2X) their Basic Rate of Pay.  This premium payment will cease and the Employee’s Basic Rate of Pay will apply at the start of their next scheduled shift, or additional shift worked pursuant to Article 44.03(C)(b).

   (D) At the time of hire or transfer, the Employer shall state in writing a specific number of hours per shift cycle which shall constitute the regular hours of work for each Part-Time Employee. Such hours may be altered in accordance with the Letter of Understanding re: Decreasing or Increasing Full-Time Equivalency (FTE).
   
   (E) In the event that a Casual Employee reports to work for a scheduled shift or a shift for which they have been called in for, and is not permitted to commence work, they shall be paid three (3) hours pay at the Basic Rate of Pay.”

4. Amend Article 11 (Work Schedules and Shifts) to read:
   11.01 An Employee shall be aware that they may be required to work various shifts throughout the twenty-four (24) hour day and the seven (7) days of the week.  The first shift of the working day shall be the one wherein the majority of hours worked fall between twenty-four hundred (2400) and zero eight hundred (0800) hours.
   
   11.02 Shift Scheduling Standards and Premiums for Non-compliance

   1. Except in cases of emergency or by mutual agreement in writing between the Employer, the Employee, and the Union, shift schedules shall provide for:

      1. where possible one (1) weekend off in each two (2) week period but, in any event two (2) weekends off in each five (5) week period;

      2. at least fifteen (15) hours off duty between the end of one shift and the commencement of the next shift;

      3. not more than seven (7) consecutive scheduled days of work.

   2. Where the Employer is unable to provide for the provisions of Article 11.02 (a)(i), (ii) or (iii), and an emergency has not occurred, nor has it been mutually agreed in writingotherwise, the following conditions shall apply:

      1. failure to provide both of the required two (2) weekends off duty in accordance with Article 11.02(a)(i), shall result in payment to each affected Employee of two times (2X) their Basic Rate of Pay for each of four (4) regular shifts worked during the five (5) week period;

      2. failure to provide one (1) of the required two (2) weekends off duty in accordance with Article 11.02(a)(i), shall result in payment to each affected Employee of two times (2X) their Basic Rate of Pay for each of two (2) regular shifts worked during the five (5) week period;

      3. failure to provide fifteen (15) hours off duty between the end of one shift and the commencement of the next shift shall result in payment of two times (2X) the Basic Rate of Pay for all hours worked on that next scheduled shift.

   3. For the purpose of this provision a ‘weekend’ shall mean a consecutive Saturday and Sunday assuring a minimum fifty-six (56) hours off duty.

   4. An Employee required to rotate shifts shall be assigned day duty approximately one-third (1/3) of the time unless mutually agreed to by the Employer, the Employee and the Union provided that, in the event of an emergency or where unusual circumstances exist, the Employee may be assigned to such shift as deemed necessary by the Employer.

   11.03 Schedule Posting and Schedule Changes

   1. Unless otherwise agreed between the Employer and the Union in writing shift schedules shall be posted twelve (12) weeks in advance.  Except in cases of emergency or by mutual agreement between the Employer and the Employee, if a shift schedule is changed after being posted, the affected Employees shall be provided with fourteen (14) calendar days’ notice of the new schedule.  In the event that an Employee's schedule is changed in the new shift schedule and they are not provided with fourteen (14) calendar days’ notice, they shall be entitled to premium payment subject to the provisions of Article 11.03(b).

   2.  

      1. If, in the course of a posted schedule, the Employer changes the Employee's shift (i.e. days to evenings, days to nights or evenings to nights), they shall be paid at the rate of two times (2X) their Basic Rate of Pay for all hours worked on the first shift of the changed schedule unless fourteen (14) calendar days’ notice of such change has been given;

      2. If, in the course of a posted schedule, the Employer changes the Employee's shift start time by two (2) hours or more, they shall be paid at the rate of two times (2X) their Basic Rate of Pay for all hours worked on this shift unless fourteen (14) calendar days’ notice of such change has been given.

   11.04 In the event that an Employee reports for work as scheduled and is required by the Employer not to commence work but to return to duty at a later hour, they shall be compensated for that inconvenience by receiving two (2) hours pay at their Basic Rate of Pay.

   11.05 Should an Employee report and commence work as scheduled and be required to cease work prior to completion of their scheduled shift and return to duty at a later hour, they shall receive their Basic Rate of Pay for all hours worked with an addition of two (2) hours pay at their Basic Rate of Pay for that inconvenience.
   
   11.06 Employee Shift Trading
   Employees may exchange shifts with the approval of the Employer provided no increase in cost is incurred by the Employer.”

5. Overtime

   1. Amend Article 12.01 to read:
      
      “All hours, authorized by the Employer and worked by:

      1. a Regular Part-Time Employee in excess of the maximums specified in Article 44.03(A); or

      2. a Casual Employee in excess of seven and three-quarter (7 3/4) hours in a day or one hundred and fifty-five (155) hours worked in each consecutive and non-inclusive twenty-eight (28) calendar day period;

      shall be paid for at two times (2X) the Basic Rate of Pay on that day”.

   2. Article 12.04 is null and void.

6. On-Call Duty
   Amend Article 13.03 by adding:
   
   “In Centres where departments provide service on a regular basis more than five (5) days a week, five (5) days in each consecutive seven (7) day period shall be deemed as work days for the purposes of paying the on-call rate to Casual Employees.”

7. Salaries
   Amend Article 14.02(a) to read:
   
   “Notwithstanding the time periods stated for increment advancement in the Salaries Appendix, Part-Time, Temporary and Casual Employees to whom these provisions apply shall be entitled to an increment on the satisfactory completion of two thousand and twenty-two point seven five (2022.75) regular hours of work, and a further increment on the satisfactory completion of each period of one thousand eight hundred and twenty-nine (1829) regular hours of work thereafter until the maximum rate is attained.”

8. Vacation With Pay for Part-Time Employees

   (A) Article 21.02 is amended to read:
   
   “Part-Time Employees:
   Regular Part-Time Employees shall earn vacation with pay calculated in hours in accordance with the following formula:
   
   Hours worked as a                 The applicable                 Number of
   Regular Employee as      X     percentage as       =        hours of paid
   specified in Articles               ourlined below                 vacation time
   44.03 and 44.08 (C)                                                        to be taken
    

   1. Six percent (6%) during the first (1st) year of continuous Part-Time employment; or

   2. eight percent (8%) during each of the second (2nd) to ninth (9th) years of continuous Part-Time employment; or

   3. ten percent (10%) during each of the tenth (10th) to nineteenth (19th) years of continuous Part-Time employment; or

   4. twelve percent (12%) during each of the twentieth (20th) and subsequent years of continuous Part-Time employment.

   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.
      
      Regular Part-Time Employees shall earn supplementary vacation with pay calculated in hours in accordance with the following formula:
      
      Hours worked                           The applicable                  Number of
      during the vacation                  percentage as                   hours of paid
      year at the rate             X         outlined below        =        supplementary
      specified in Articles                                                            vacation time to
      44.03 and 44.08 (C)                                                           be taken in the
                                                                                                   current supplementary
                                                                                                   vacation period.
      
      (A)    Upon reaching the employment anniversary of twenty-five (25) years of continuous service, Employees shall have earned an additional two percent (2%).
      
      (B)    Upon reaching the employment anniversary of thirty (30) years of continuous service, Employees shall have earned an additional two percent (2%).
      
      C)    Upon reaching the employment anniversary of thirty-five (35) years of continuous service, Employees shall have earned an additional two percent (2%).
      
      (D)    Upon reaching the employment anniversary of forty (40) years of continuous service, Employees shall have earned an additional two percent (2%).
      
      (E)    Upon reaching the employment anniversary of forty-five (45) years of continuous service, Employees shall have earned an additional two percent (2%).”
       

   Vacation for Casual Employees:
   (B) Casual Employees shall receive payment in lieu of vacations with pay to which they are entitled to be included with the payment for hours worked.
   
   Article 21.02 is amended to read:
    

   1. Vacation Entitlement
      A Casual Employee shall earn vacation entitlement as outlined below.  Vacation leave will be deemed to have commenced on the first (1st) regularly scheduled work day absent on vacation leave, and continue on consecutive calendar days until return to duty.

      1. during the first (1st) year of employment an Employee is entitled to twenty-one (21) calendar days; or

      2. during the second (2nd) to ninth (9th) years of employment an Employee is entitled to twenty-eight (28) calendar days; or

      3. during the tenth (10th) to nineteenth (19th) years of employment an Employee is entitled to thirty-five (35) calendar days; or

      4. during the twentieth (20th) and subsequent years of employment an Employee is entitled to forty-two (42) calendar days off.

   2. Vacation Pay

      1. during the first (1st) year of employment six percent (6%) of their regular earnings as defined in (C) below; or

      2. during the second (2nd) to ninth (9th) years of employment eight percent (8%) of their regular earnings as defined in (C) below; or

      3. during the tenth (10th) to nineteenth (19th) years of employment ten percent (10%) of their regular earnings as defined in (C) below; or

      4. during the twentieth (20th) and subsequent years of employment twelve percent (12%) of their regular earnings as defined in (C) below.”

   (C) Only those regularly scheduled hours and additional hours worked at the Basic Rate of Pay and on a Named Holiday to a maximum of seven and three-quarter (7 3/4) hours and periods of sick leave with pay will be recognized as regular earnings for the purpose of determining vacation pay.

9. Named Holidays
   (A) Article 22 (Named Holidays) is replaced in its entirety by the following:

   1. An Employee to whom these provisions apply required to work on a Named Holiday, which are:
      
      New Years Day
      Alberta Family Day
      Good Friday
      Victoria Day
      Canada Day
      Labour Day
      Thanksgiving Day
      Remembrance Day
      Boxing Day
      
      and all general holidays proclaimed to be a statutory holiday by any of the following:

      1. the Municipality of Edmonton and Sherwood Park;

      2. the Province of Alberta; or

      3. the Government of Canada;

      shall be paid at one and one-half times (1 1/2X) their Basic Rate of Pay for the first seven and three-quarter (7 3/4) hours worked on a Named Holiday and two times (2X) their Basic Rate of Pay for time worked in excess of seven and three-quarter (7 3/4) hours.

   2. An Employee to whom these provisions apply required to work on Christmas Day and the August Civic Holiday shall be paid for all hours worked on the Named Holiday at two times (2X) their Basic Rate of Pay.

   3. An Employee to whom these provisions apply shall be paid, in addition to their Basic Rate of Pay, five percent (5%) of their basic hourly rate of pay in lieu of the Named Holidays, and the ‘floater holiday’.”

10. Sick Leave
    (A) Amend Article 23.03 to read:
    
    “An Employee shall be allowed a credit for sick leave computed from the date of employment at the rate of one and one-half (1 1/2) working days for each full month of employment up to a maximum credit of one hundred and twenty (120) working days, pro-rated to the regularly scheduled hours they worked each month.  However, an Employee shall not be entitled to apply sick leave credits prior to the completion of one hundred and fifty-five (155) regular hours worked of the probationary period as per Article 9 (Probationary Period).”
    
    (B) Amend Article 23.05 to read:
    
    “An Employee granted sick leave shall be paid, at their Basic Rate of Pay, for regularly scheduled shifts absent due to illness, and the number of hours thus paid, shall be deducted from their accumulated sick leave credit up to the total amount of their accumulated credit at the time the sick leave commenced.”

11. Bereavement Leave
    In calculating paid bereavement leave entitlement for Part-Time Employees, the provisions of Article 33.04 (Bereavement Leave) shall apply only to regularly scheduled working days which fall during a ten (10) calendar day period, commencing with the date of death.

12. Change of Status

    1. A Temporary or Casual Employee who transfers to Regular Full-Time or Regular Part-Time employment with the Employer shall be credited with the following entitlements earned during their period of employment, provided not more than six (6) months have elapsed since they last worked for the Employer:

       1. vacation entitlement; 

       2. salary increments; and

       3. seniority, in accordance with Article 28.01.

    2. A Temporary Employee shall also be credited with sick leave earned and not taken during their period of temporary employment.

13. Further to Article 9.01, Part-Time Employees will have completed their probationary period after five hundred and three point seven five (503.75) hours or six (6) months of employment, whichever is the lesser.