Siksika Health Services Collective Agreement 2023-2026

Article 21: 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 will notify
      Employees within twenty-eight (28) calendar days from receipt of their application, as to the status of their request.
   2. An Employee who has been granted leave of absence of any kind and who overstays such leave without permission of the Employer shall be deemed to have terminated their employment unless a justifiable reason can be established by the Employee.
   3. Except as provided in Article 21.01(d), where an Employee is granted a leave of absence of more than a month’s duration, and that Employee is covered by any or all of the plans specified in Article 32, 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, STD or LTD, benefit plan premium payments shall be administered in the same fashion as an Employee absent due to illness.
   5. The Employee shall continue to accrue sick leave and vacation entitlement during the leave of absence to the end of the month in which the leave begins.
   6. Leave of absence with or 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.
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
   1. Full-time Employees shall be entitled to two (2) paid Personal leave Shifts each year, from April 1st through March 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.
4. Union Business
   1. Provided operational efficiency 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 with pay. If the request is denied, reasons shall be given by the Employer.
   2. Representatives of the Union shall be granted time off with pay in order to participate in collective bargaining 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 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 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.
   5. Subject to operational requirements, time off granted in accordance with Article 21.04 (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.
5. The Employer shall provide Maternity Leave and Parental Leave as set out in the Alberta Employment Standards Code in effect as of December 1, 2020.
6. Except as otherwise set out herein, the Employer shall provide all leaves of absence set out in and in accordance with the provisions of the Alberta Employment Standards Code, as of December 1, 2020.
7. Parental Leave
   1. An Employee who has completed their probationary period shall, upon their written request, be granted Maternity Leave to become effective six (6) 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.
   2. The Employee shall provide the written request six (6) weeks prior to the requested commencement date of Maternity Leave, understanding that in some circumstances the full six (6) week requirement cannot be fulfilled.   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, STD, or LTD. Maternity Leave shall not exceed eighteen (18) months unless an extension is granted by the Employer.  The Employee must declare prior to the start of their Maternity Leave if their desire the leave to be greater than twelve (12) months. Request for an extension shall not be unreasonably denied.  Such extension, when granted, shall not exceed an additional six (6) months.
   3. 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, 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 20.04(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 20.01.
   4. A parent-to-be who has completed their probationary period shall, upon their written request, be granted an unpaid leave to commence two (2) weeks prior to the delivery or such shorter period as may be mutually agreed between the Employee and the Employer.  Such leave shall be without pay and benefits and shall not exceed thirty-seven (37) weeks. The parent -to-be shall provide the written request six (6) weeks prior to the requested date of commencement of the Leave of Absence.
   5. An Employee absent on Parental Leave or Maternity Leave shall provide the Employer with four (4) weeks’ written advance notice of their readiness to return to work following which the Employer will reinstate them in the same position held by their immediately prior to taking such leave and at the same step in the salary scale or provide their with alternate work of a comparable nature at not less than the same step in the salary scale and other benefits that accrued to their up to the date they commenced the leave.
   6. Notwithstanding the provisions of Article 19.03(a), an Employee may make prior arrangements with the Employer to prepay the full cost of benefits premiums (Employer and Employee portion) as per Article 20.01(c) of the Collective Agreement.
8. Adoptive Parent Leave
   1. An Employee who has completed the probationary period shall be granted leave of absence without pay and benefits for a period of up to twelve (12) months in duration for the purpose of adopting a child provided that:
      1. the Employee makes written request for such leave at the time the application for adoption is approved and keeps the Employer advised of the status of such application; and
      2. the Employee provides the Employer with at least one (1) day’s notice that such leave is to commence.
   2. Notwithstanding the provisions of Article 19.03(a), an Employee on Adoptive Parent Leave may make prior arrangements with the Employer to prepay the full cost of benefits premiums (Employer and Employee portion) as per Article 20.01(c) of the Collective Agreement.
9. Educational Leave/Exchange Programs
   1. The parties to this Collective Agreement recognize the value of continuing education for each Employee and recognize that continuing education relevant to the Employer may be deemed necessary for Employees covered by this Collective Agreement and recognize that the responsibility for such continuing education lies not only with the individual but also with the Employer.
   2. Full-Time and Part-Time Employees may apply for Educational Leave of Absence. Such leaves must be applied for forty-five (45) days prior to the start date of the program where possible and will be approved by the Employer as soon as possible.
   3. Employees must send a letter of intent to return to work sixty (60) days prior to return date. If no letter is received, the Employer will consider this position to be open and will refill the position without notice to the Employee.
   4. While on educational leave without pay:
      1. an Employee shall not accrue sick leave or vacation credits unless such leave is less than thirty (30) days;
      2. an Employee’s anniversary date for salary increment purposes shall not change unless the duration of the leave exceeds twelve (12) months, in which case the anniversary date shall be delayed by the amount of time by which the leave exceeds twelve (12) months, and the newly established anniversary date shall prevail thereafter.
      3. An Employee absent on approved education leave shall be reinstated by the Employer in the same position and classification held by them immediately prior to taking such leave.
   5. During an Employee’s leave of absence, the Employee may work as a Casual Employee with the Employer without adversely affecting the Employee’s reinstatement to the position from which the Employee is on leave.
10. Bereavement Leave
    1. Bereavement leave with pay of:
       1. seven (7) consecutive calendar days, without loss of pay, 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, stepchildren, step-brother, step-sister,
          mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, legal guardian, grandparent, and grandchild. "Spouse" shall include common-law or same sex relationship.
       2. In the event of the death of another relative or friend, the Employer may grant time off without pay to attend the funeral service.
       3. Bereavement Leave shall be extended by two (2) additional days if travel in excess of three hundred and twenty and twenty (320) kilometers one way from the Employee’s residence is necessary for the purpose of attending the funeral.
    2. Notwithstanding the provisions of Article 21.06 (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 bereavement leave been taken in one undivided period.