Carewest Collective Agreement 2020-2024

Article 33: Leaves of Absence

1. General Policies Covering Leaves of Absence
   1. 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. The Employer shall indicate approval or disapproval in writing within thirty (30) days from the date of request for any leaves of absence.
   2. An Employee who has been granted leave of absence of any kind and who overstays their leave without permission of the Employer shall be deemed to have terminated their employment.
   3. Except as provided in Article 33.01(d), where an Employee is granted a leave of absence of more than one (1) month’s duration, and that Employee is covered by any or all of the plans specified in Article 25, 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.
   4. 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, EI SUB Plan benefits, STD or LTD, benefit plan premium payments shall be administered in the same fashion as an Employee absent due to illness.
   5. 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 (1st) month. Where the leave of absence exceeds thirty (30) days, an Employee’s increment date shall be adjusted by the amount of time that the leave of absence is thirty (30) days or more, and the new increment date shall prevail thereafter.
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. Personal Leave
   Benefit eligible Regular Employees shall be entitled to three (3) Personal leave days each year, from January 1st through December 31st. Employees shall request 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.  Requests for Personal Leave shall not be unreasonably denied, subject to operational requirements.
   
   If employment commences on or after May 1st of the year, Personal Leave days will be prorated for the remainder of the year as follows:
   
   •    May 1st to August 1st:  two (2) Personal Leave days;
   •    September 1st to December 31st:  one (1) Personal Leave day.
   
   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. 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. An Employee requesting education leave related to their profession shall not have such request unreasonably denied.
   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.
5. 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.  Immediate family of the Employee is defined as spouse, parent, child, brother, sister, fiancé. Step-parent, step-children, step-brother and step-sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, aunt, uncle, niece or nephew, legal guardian, grandparent, and grandchild 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. three (3) consecutive working days shall be granted in the event of the death of the following family members of the Employee’s family (i.e. mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, aunt, uncle, niece or nephew, legal guardian, grandparent, and grandchild).
   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.
   3. Notwithstanding the provisions of Article 33.05(a) and (b), where special circumstances exist, an Employee may request that bereavement leave be divided into two 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.
   4. In the event of the death of another relative or friend, the Employer may grant time off with pay to attend the funeral service.
6. 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, 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 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 33.06(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 shall not exceed sixteen (16) weeks.
7. Parental Leave
   1. A parent-to-be who has completed ninety (90) days of employment shall, upon their 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 a child.
   2. 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:
      1. they make written request for such leave at the time the application for adoption is approved and keep the Employer advised of the status of such application; and
      2. they provide the Employer with at least one (1) days’ 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 upon otherwise between the Employer and the Employee.

   4. An Employee absent on Parental Leave shall endeavour to provide the Employer with twelve (12) weeks’ written 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 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 with other benefits accrued to them at the date the leave commenced.

   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.

8. 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, Union business, or Union members hired to a paid position in the Union for a period of up to one (1) year.  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 with 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 with pay as required to attend to Union business, provided one (1) week’s notice is given.

   5. Subject to operational requirements, time off granted in accordance with Article 33.09 (a), (b), (c) and (d) shall be with pay and the Union agrees to reimburse the Employer for the total cost of the absence plus a fifteen percent (15%) administration fee.

9. 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 permit them to fulfill the duties of that office.

   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. A regular Employee who has been on public office 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.

10. Terminal Care Leave

    1. A regular or temporary Employee with a qualified relative in the end-stage of life shall be entitled to leave of absence without pay but with benefits at the normal cost sharing, for a period of up to six (6) months. Qualified relative means a person in a relationship to the Employee for whom the Employee would be eligible for the compassionate care benefit under Employment Insurance legislation.

    2. Regular or temporary Employees may be required to submit to the Employer satisfactory proof demonstrating the need for Terminal Care Leave.

11. Military Leave

    1. Upon application by an employee, the employer shall grant a leave of absence for military leave, subject to the eligibility conditions under the National Defence Act (Canada) or Employment Standards Code (Alberta), whichever is applicable. Such leave of absence shall be in accordance with any regulations passed by the employer relative to LAPP and group insurance contributions.