Rexall/Pharma Plus Pharmacies Ltd. (Calgary) Collective Agreement 2019-2024

Article 19: 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 July in each calendar year and concluding on the last day of June of the following calendar year.
2. Vacation Entitlement
   Subject to Article 30.01(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 19.05. 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 shall earn entitlement to vacation calculated on a basis of twenty (20) working days; or
   3. 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
   4. 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.
   5. Supplementary Vacation – Applicable to Employees hired prior to ratification of the  Collective Agreement – March 2017
      Effective July 29, 2013, or on commencement of operations 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.
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 her employment had been continuous.
   2. Where an Employee is voluntarily terminating her employment, the Employer shall provide the Employee with a written statement of her 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 her 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.  Should a request to carry forward vacation be denied, the Employer shall pay out the vacation amount on the first pay after July 1 of each year.
   2. Notwithstanding Article 19.05(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. Upon the request of an Employee, earned vacation credits may be divided into more than one (1) vacation period if approved by the Employer. Such request shall not be unreasonably denied.
   5. The Employer shall post a vacation planner in April and October of each year.  The planner will include a deadline for submissions of vacation requests, and a date, not greater than two (2) weeks following the deadline for submissions, by which vacation requests made on the vacation planner will be approved or denied.
      
      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 two (2) weeks of 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.
6. Vacation pay will be payable in advance on the regular pay day prior to the commencement of the vacation period if requested by the Employee at least fourteen (14) days in advance of the regular pay day. In extenuating circumstances, consideration may be given to a shorter notice period.
7. Unless given four (4) weeks advance notice of an alteration to her scheduled vacation period, except in circumstances beyond the Company’s control, an Employee required by the Employer to work during her vacation period will receive two times (2X) her 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 her 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.

8. When an Employee’s vacation is cancelled by the Employer, the Employer shall be responsible for all non-refundable costs related to the cancellation of the vacation.