Mosaic Primary Care Network Collective Agreement 2023 - 2027

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:      Shift Schedules
       Article 23:     Personal Leave 
       Article 25:     Employee Benefit Plans 
       Article 26:     Pension Plan 
       Article 28:     Seniority 
       Article 30:     Layoff and Recall 
       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 10.02 to read: 
   “Regular hours of work, exclusive of meal periods, shall be up to seven and three-quarter (7 ¾) hours in any day. The ratio of work days to non-work days shall not exceed 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 10.03 (a) by adding: 
   “Regular hours of work shall include, as scheduled by the Employer, one (1) rest period of fifteen (15) minutes during each period of three point eight seven five (3.875) hours of work.” 
   
   (C) Amend Article 10.02 by adding: 
   
   (c) A Part-time Employee may work additional shifts from time to time. 
   (d) 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 44.04(A) for those hours worked in excess of their regularly scheduled shift. 
   (e) An Employee required by the Employer to work an additional shift without their having volunteered or agreed to do so, will receive one and one-half times (1.5X) 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)(e). 
   (f) 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: Increasing or Decreasing Full-Time Equivalencies.
   (g) Agreement to amend regular hours of work pursuant to the above shall not be considered a violation of Articles 11 and 29. Where the Parties are unable to agree on an alternate process, the provisions of Article 29 shall apply.
   (h) 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. Overtime
   (A) Amend Article 12.01 to read: 
   “All hours, authorized by the Employer and worked by: 

   (i) a Regular Part-time Employee in excess the maximums specified in Article 44.03(A);
   (ii) a Casual Employee in excess of 7 ¾ hours per day or forty (40) hours in a week 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 one and one-half times (1.5X) the basic rate of pay on that day.”  
   
   (B) Article 12.04 is null and void. 

5. Salaries 
   (A) 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 (2,022.75) regular hours of work.  Employer paid leaves will be considered as regular hours worked for the purpose of advancing to the next increment.”
6. Vacation With Pay For Part-Time Employees
   (A) Article 21.01 is amended to read: 
   
   “Part-time Employees
    Regular Part-time Employees shall earn vacation with pay calculated in hours 
   
   (a) six percent (6%) during each of the first (1st) year of employment; or 
   (b) eight percent (8%) during the second (2nd) to ninth (9th) years of employment; or
   (c) ten percent (10%) during each of the tenth (10th) to nineteenth (19th) years of employment; or 
   (d) twelve percent (12%) during each of the twentieth (20th) and subsequent years of employment.
   
   (B) Part-Time Employees will be paid for their scheduled shift during their approved vacation. To supplement their income while on vacation, a part-time Employee may request, and their Supervisor/Manager may agree, to provide vacation pay for all unscheduled days within their approved vacation up to full-time hours, provided the Employee has enough vacation accrued in their bank at the start of their approved vacation. This arrangement will not be considered a payout but instead will be coded and paid as “regular vacation”.
   
   Vacation for Casual Employees 
   (C) Article 21.02 is amended to read: 
   
   (a) 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: 
   
   (i) during each of the first (1st) year of employment an Employee shall earn entitlement to vacation on the basis of fifteen (15) working days;
   (ii) during the second (2nd) to ninth (9th) years of employment, an Employee shall earn entitlement to vacation calculated on a basis of twenty (20) working days; or 
   (iii) during each of the tenth (10th) to nineteenth (19th) years of employment, an Employee shall earn entitlement to vacation calculated on a basis of twenty-five (25) working days; or 
   (iv) during each of the twentieth (20th) and subsequent years of employment, an Employee shall earn entitlement to vacation calculated on a basis of thirty (30) working days. 
   
   (b) Vacation Pay 
    Vacation pay shall be paid in accordance with the following:
   
   (i) six percent (6%) during each of the first (1st) year of employment; or
   (ii) eight percent (8%) during the second (2nd) to ninth (9th) years of employment; or
   (iii) ten percent (10%) during each of the tenth (10th) to nineteenth (19th) years of employment; or 
   (iv) twelve percent (12%) during each of the twentieth (20th) and subsequent years of employment. 
   
   (c) Article 21.06 is amended to read: 
   “Subject to the approval of the Employer, and depending on the Employer’s payroll and administrative systems, vacation pay entitlements may be received by an Employee at various times of the year.” 
   
   (D) 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 personal leave with pay will be recognized as regular earnings for the purpose of determining vacation pay.
7. Named Holidays
   (A) With the exception of Article 22.06, Article 22 is replaced in its entirety by the following:  
   
   “(a) An Employee to whom these provisions apply required to work on a Named Holiday, which are: 
   
   New Year's Day
   Alberta Family Day
   Good Friday
   Victoria Day
   Canada Day
   August Civic Holiday
   Labour Day
   National Day of Truth & Reconciliation
   Thanksgiving Day
   Remembrance Day
   Christmas Day
   Boxing Day
   
   and all general holidays proclaimed to be a statutory holiday by any of the following:
   
   (i) the Municipality in which the site is located; 
   (ii) the Province of Alberta; or 
   (iii) the Government of Canada; 
   
   shall be paid at one and one-half times (1.5X) their basic rate of pay for their regularly scheduled shift worked on a Named Holiday and one and one-half times (1.5X) their basic rate of pay for time worked in excess of their regularly scheduled shift. 
   
   (b) 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.”
8. Bereavement Leave 
   In calculating paid Bereavement Leave entitlement for Part-time Employees, the provisions of Article 33.05 shall apply only to regularly scheduled working days which fall during a ten (10) calendar day period, commencing with the date of death.
9. 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. salary increments;
      2. vacation entitlement; and
      3. seniority in accordance with Article 28.01.
   2. A Temporary Employee shall also be credited with personal leave earned and not taken during their period of temporary employment.
   3. A Casual Employee who is not on a legislated leave and has not worked in the previous six (6) months will be deemed to have resigned their employment.