Wheatland & Adjacent Districts Emergency Medical Services Association Collective Agreement 2018-2023

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.
   2. The Employer will respond to such request no later than 30 days from the date the request was received.
   3. 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 his employment unless a justifiable reason can be established by the Employee.
   4. 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 34, 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.
   5. 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 or LTD, benefit plan premium payments shall be administered in the same fashion as an Employee absent due to illness.
   6. The Employee shall continue to accrue sick leave and vacation entitlement during the first thirty (30) days of the leave of absence.
   7. 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.
   8. An Employee’s anniversary date for salary increment purposes shall not change unless the duration of the leave exceeds thirty (30) days.
2. Special Personal Leave
   1. If an Employee is unable to report to work as the result of:
      1. illness or appointments in the immediate family requiring the Employee’s personal attention, or;
      2. immediate or urgent family circumstances, not foreseeable by or beyond the control of the Employee, that can only be resolved by the Employee’s personal attention, or;
      3. providing palliative care to a member of the immediate family who requires it.
   2. The Employer shall approve Special Personal Leave in such circumstances to a maximum of four (4) days without loss of pay in each calendar year; any requests for additional leave shall be subject to the provisions of Article 21.01. The Employee may be required to submit satisfactory proof of the illness, appointment or important family circumstance, and the family relationship. For the purpose of this article, immediate family shall be as per Article 21.08 (a) (i).
3. Union Business
   1. Insofar as the regular operation of the Employer will permit, Employees may, upon not less than fourteen (14) calendar days notice, be granted a leave of absence without pay, to attend business meetings, schools, seminars and conventions in connection with the Union’s affairs.
   2. A maximum of two representatives of the Union shall be granted time off without pay in order to participate in Collective Bargaining with the Employer or its Bargaining Agent.
   3. The local unit representative or his alternate shall, subject to operational requirements, be allowed time away from assigned duties without loss of regular pay to carry out his functions as provided in this Collective Agreement. The local unit representative shall obtain permission for such leave from the Chief Administrative Officer or his designate.
   4. The Union agrees to reimburse WADEMSA for actual salary paid to the employee while on leave plus an administrative charge of fifteen percent (15%).
4. Parental Leave
   1. An Employee who has completed her probationary period shall, upon her 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 she commences 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 or LTD (see Article 21.04(e). Maternity Leave shall not exceed eighteen (18) months unless an extension is granted by the Employer. Request for an extension due to ill health of the mother or the child shall not be unreasonably denied. Such extension, when granted, shall not exceed an additional six (6) months.
   2. A pregnant Employee, whose continued employment in her position may be hazardous to herself or to her unborn child in the written opinion of her 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 21.04(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 nine (9) months, the Employee may request further leave without pay as provided by Article 21.01.
   3. A parent to be who has completed his probationary period shall, upon his 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 eighteen (18)  months.
   4. An Employee absent on Parental Leave shall provide the Employer with six (6) weeks written advance notice of her readiness to return to work following which the Employer will reinstate her in the same position held by her immediately prior to taking such leave and at the same step in the salary scale or provide her with alternate work of a comparable nature at not less than the same step in the salary scale and other benefits that accrued to her up to the date she commenced the leave.
   5. Notwithstanding the provisions of Article 21.04(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 21.01(c) of the Collective Agreement.
5. Adoptive Parent Leave
   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. he 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 he provides the Employer with at least one (1) day’s notice that such leave is to commence.
   2. he provides the Employer with at least one (1) day’s notice that such leave is to commence.
6. Non-Birthing Parent
   Paternity leave of two (2) working days with pay shall be granted upon the written request of a male employee to enable such Employee to attend to matters directly related to the birth of his child. In extenuating circumstances, additional paternity leave may be granted.
7. Educational Leave
   All educational leave granted with pay by the Employer must demonstrate a benefit to the organization.
   1. The parties to this Collective Agreement recognize the value of continuing education for each Employee and recognize that continuing education 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. 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.
   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 his basic rate of pay to a maximum of twelve (12) hours per day.
         
         The Employer will pay the cost of the course including tuition fees, reasonable travel and subsistence expenses subject to prior approval.
   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 him immediately prior to taking such leave or be provided with alternate work of a comparable nature.
8. Bereavement Leave
   1. Bereavement leave with pay of:
      1. seven (7) consecutive calendar 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 shall be considered as members of the Employee’s immediate family. 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 his/her spouse for a period of at least one year before the death.
      2. seven (7) consecutive calendar days shall be granted in the event of the death of the following 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, legal guardian, grandparent, and grandchild).
   2. In extenuating circumstances Bereavement Leave may be extended upon written request by the Employee to the Employer, and it shall be at the Employer's discretion to grant additional Bereavement Leave.
   3. Notwithstanding the provisions of Article 21.08(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 he would have been eligible to receive had the bereavement leave been taken in one 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.
9. Bereavement Leave - Part-Time Employees
   In calculating paid bereavement leave entitlement for part-time Employees, the provisions of Article 21.08 shall apply only to regularly scheduled working days which fall during a seven (7) calendar day period, commencing with the date of death.
10. Professional Development Leave
    1. Upon written application to the Employer, a regular Employee may request a leave of absence without pay for reasons of professional development which the Employer views as beneficial to the organization. A regular Employee shall be eligible for consideration of professional development leave after completing two (2) years of continuous full-time service, or equivalent hours based on two thousand one hundred and ninety (2,190) hours per year exclusive of overtime hours worked. Such leave shall not exceed twelve (12) consecutive calendar months in an unbroken manner.
    2. Where a regular Employee has received a professional development leave, such a regular Employee will not be eligible for another professional development leave until they have completed three (3) consecutive years of full-time employment from the date they returned from the previous professional development leave.
    3. During such professional leave the Employee shall be accountable for both Employer and Employee portions of all benefits should the employee choose to continue his benefits. Sick time and vacation shall not be accrued during the approved professional leave of absence.
    4. An Employee absent on approved professional development leave shall be reinstated by the Employer in the same position and classification held by him immediately prior to taking such leave or be provided with alternate work of a comparable nature.
11. Military Leave
    1. The Employer shall grant unpaid leave to an Employee to participate in required military training, or active military duty. Such leave will be governed by Article 21.01, except that pay associated with military duty shall not be seen as a violation of Article 21.01 (g).
12. Public Office Leave
    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 so that an Employee may be a candidate in federal, provincial or municipal elections. Such leave will be governed by Article 21.01.
    2. Employees who successfully attain public office shall be granted a further leave of absence without pay to permit them to fulfill the duties of that office.
    3. An Employee who has been on public office leave shall be reinstated by the Employer in the same position and classification held by her immediately prior to taking such leave or be provided with alternate work of a comparable nature.
13. Personal Day
    Full-time employees who are in the employ of the Employer on April 1st shall be granted one (1) Personal Day in that year.  The Personal Day shall be scheduled at a time mutually agreed upon between the Employer and the employee.  If the Personal Day is not taken by the last day of March in the following year, it shall be paid out at the employee’s basic rate of pay.
14. All other leaves not listed
    The Employer recognizes leaves in accordance with Employment Standards and current legislation.