Good Samaritan Society Collective Agreement 2020-2024

Article 23: Leaves of Absence

1. General Policies Governing All Leaves of Absence
   1. Employees are eligible for the job protected leaves as set in the Alberta Employment Standards Code.
   2. Applications for leave of absence shall be submitted, in writing, to the Employer as early as possible.  Applications shall indicate the date of commencement of leave and the date of return from the leave. The Employer shall indicate approval or disapproval in writing within fourteen (14) calendar days of the request for any leave of absence.
   3. A leave of absence without pay may be granted to an Employee at the discretion of the Employer. Permission for leave of absence will not be unreasonably withheld and, where permission is denied, reasons will be given.  The Employee shall not work for gain during the period of leave of absence except with the express consent of the Employer.
   4. In the case of a leave of absence in excess of thirty (30) calendar days, Employees shall cease to accrue sick credits, vacation entitlement and credit towards salary increments.
   5. Employees shall not be entitled to Named Holidays with pay which may fall during the period of leave of absence.
   6. When an Employee is on leave of absence without pay and is receiving Long Term Disability benefits, the Employer will continue to pay the Employer’s share of Alberta Health Care premiums for a period not exceeding twenty-four (24) months from the beginning of Long Term Disability provided that the Employee makes prior arrangements with the Employer for the payment of the Employee’s share of Alberta Health Care premiums.  Failure by an Employee to submit their portion of applicable premiums will result in the Employer discontinuing premium payments for that Employee.
   7. Applications for Leaves of Absence for more than a period of twelve (12) months require approval by a Director of Operations.
2. 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, step-sister, 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 man or woman 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 members of the Employee's family: mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law aunt, uncle, niece, nephew, and legal guardian and grandparent.
      3. In calculating paid bereavement leave entitlement for part-time Employees, the provisions of this Article shall apply only to regularly scheduled working days which fall during a ten (10) calendar day period, commencing with the date of death.
   2. In the event of the death of another relative or friend, the Employer may grant time off with pay to attend the funeral service.
   3. Bereavement leave shall be extended by up to two (2) working days if travel in excess of three hundred and twenty-two (322) kilometres one way from the Employee’s residence is necessary.
3. Maternity Leave
   1. An Employee who has ninety (90) days of employment shall, upon their written request, be granted Maternity Leave to become effective thirteen (13) weeks immediately preceding the 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, Supplementary Unemployment Benefits or Long Term Disability benefits. Maternity Leave shall not exceed sixteen (16) weeks.
   2. A pregnant Employee whose continued employment in their position may be hazardous to them 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 above, 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 a need for an absence from work longer than eighteen (18) months, the Employee may request further leave without pay and benefits as provided by the General Leave Article.
   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. If Maternity Leave has not already commenced in accordance with Clause 23.03 (a) such Maternity Leave will end sixteen (16) weeks after the commencement of the leave.
4. Parental Leave
   1. An Employee who has completed ninety (90) days of employment shall, upon their written request (with at least three (3) weeks advance notice where possible), be granted a leave of absence without pay and benefits for the purpose of parenting duties following the birth or adoption of a child, for a period of up to sixty two (62) weeks. For the birth mother, Parental Leave starts immediately following Maternity Leave.
   2. An Employee absent on Parental Leave shall provide the Employer with three (3) 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 wage schedule or provide them with alternate work of a comparable nature at not less than the same step in the wage schedule and other benefits that accrued to them up to the date they commenced the leave.
   3. Parental leave shall end seventy-eight (78) weeks from the birth of the child or the date of adoption unless mutually agreed otherwise between the Employer and the Employee.
5. Educational Leave
   The Employer makes available to the Employee an opportunity to participate in educational programs. Employees are encouraged to improve their educational qualifications and training in order to increase their competence in their present position and to prepare themselves for future advancement.
   
   A paid leave of absence and/or reasonable expenses may be granted to an Employee at the discretion of the Employer to enable the Employee to participate in education programs.
6. Leave of Absence for Union Business
   1. Provided the efficiency of operations shall not in any case be disrupted, leave of absence with pay and without loss of seniority shall be granted by the Employer to Employees elected or appointed to represent the Union at conventions, meetings, workshops, seminars, schools and other Union business.
   2. Regular Employees who are hired for a paid position with the Union shall be granted leave of absence without pay but with no loss of seniority for a period of one (1) year.  Extension of such leave may be granted, if submitted in writing and approved by a Director of Operations.  Approval of an extension will be dependent on operational requirements and will not be unreasonably withheld.
   3. Should the Employer not grant a leave requested in Article 23.06 (a) or (b), the Employer will provide to the Employee the reasons in writing for the request not being granted.
   4. Members of the Board of Directors of the Union shall be granted a leave of absence with pay and without loss of seniority to attend meetings of the Board of Directors of the Union.  Such member shall provide the Employer with such request in writing with as much advance notice as possible.
   5. The President and Vice President of the Union shall be granted leave with pay as required to attend to Union business, provided reasonable 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.
   6. Representatives of the Union shall be granted time off with pay and without loss of seniority in order to participate in collective bargaining and Essential Services negotiations with the Employer.  
   7. Time off granted in accordance with Article 23.06 (a)(d)(e) and (f) shall be with pay and the Union agrees to reimburse the Employer for those costs plus a fifteen percent (15%) administration fee.
7. Court Appearance
   An Employee required by law to appear in Court for jury selection, as a member of a jury, or as a witness in a matter arising out of their employment shall be allowed time off without loss of pay which the Employee would have normally received based on their regular hours of work. Any fee received as such juror or witness shall be paid to the Employer.  An Employee acting as a voluntary witness shall not be paid for such absence. Where an Employee is required by law to appear before a court of law for reasons other than those stated above, they shall be granted a leave of absence without pay.
8. Special Leave
   The Parties recognize that an Employee may be unable to report to work due to unanticipated circumstances of pressing necessity which requires the Employee’s personal attention, which may include illness in the Employee’s immediate family.  The Employer shall approve special leave in such circumstances to a maximum of four (4) days without loss of pay in each calendar year.
9. Compassionate Care Leave
   1. An Employee who has completed at least ninety (90) days of employment, shall be entitled to a leave of absence without pay, 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 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.
10. Leave for Public Office
    1. The Employer recognizes the right of an 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, but with no loss of seniority, for a period of time not to exceed four years.
    3. An Employee who has been on public office leave shall be reinstated by the Employer in the same position and job classifications held by their immediately prior to taking such leave or be provided with alternate work of a comparable nature.
11. Domestic Violence Leave
    1. An Employee may access domestic violence leave under the Employment Standards Code.  Such leave shall not negate their ability to access other leaves under this Collective Agreement.
    2. Personal information concerning domestic violence shall be kept confidential by the Employer.
    3. The Employee and the Employer will only disclose relevant information on a “need to know” basis to protect confidentiality while ensuring workplace safety.