Carewest 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 day of April in each calendar year and concluding on the last day of March of the following calendar year.
2. Vacation Entitlement
   Subject to Article 33.01(e), 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 Employer or an Employer signatory to a Collective Agreement containing identical provisions for entitlement to vacation as this agreement, such Employee shall accrue vacation entitlement as though their employment had been continuous.
   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 (1) 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. Such carry-forwards shall not exceed thirty-eight point seven five (38.75) hours.
      1. Notwithstanding the carryover provisions of this article, supplementary vacation pursuant to article 21.02 may be carried over without it considering to have exceeded the carryover limit, until the next week of supplementary vacation is awarded. Any supplementary vacation not taken at that time will be paid out.
   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. 1. Subject to 21.05(b)(i), the Employer shall grant the annual vacation to which the Employee is entitled in one unbroken period.
      2. Upon the request of an Employee, the Employer may grant an Employee’s request to divide the Employee’s vacation.  Such request shall not be unreasonably denied.
   5. The Employer shall post vacation schedule planners at the work site:
      1. by the first week of January for vacations to be taken between April 1st and September 30th of the same calendar year; and
      2. by the first week of June for vacations to be taken between October 1st of the same calendar year and March 31st of the following calendar year.
      3. A Regular Employee shall book and take a minimum of 70% of their accrued vacation credits annually within the timeframes specified by this article.
   6. 1. The vacation planner will include a deadline for submission of vacation requests and the date, not greater than four (4) weeks following the deadline for submissions, by which vacation requests made on the vacation planner will be approved or denied.
      2. all other requests for vacation will be considered on a first come first served basis. These requests will be approved or denied within four (4) weeks of the request being submitted.
   7. Seniority shall be considered when there is a dispute regarding preference for the time that vacation is to be taken. Employees failing to exercise seniority rights within the time that the Employees are asked to choose a vacation time shall not be entitled to exercise their rights in respect to any vacation time previously selected by an Employee with less seniority.
   8. An Employee granted vacation shall not be responsible for finding their own coverage during the approved vacation period.
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 canceled by the Employer, the Employer shall be responsible for all nonrefundable costs related to the cancellation of the vacation.  The Employee must first exhaust all other sources of reimbursement prior to seeking reimbursement from the Employer.