Alberta Health Services Collective Agreement 2020-2024

Article 21: 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 (1st) day of April in each calendar year and concluding on the last day of March of the following calendar year.

   Effective January 1, 2023, 21.01(b) will be replaced with the following:
   
   (b) “vacation year” means the twelve (12) month period commencing on the first (1st) day of May in each calendar year and concluding on the last day of April of the following calendar year.

Note: Clause 21.02 amended for EMS in Local Conditions (Page 213)

1. Vacation Entitlement
   
   Subject to Article 33.01(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 21.05. 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
      
      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;

      4. upon reaching the employment anniversary of forty (40) years of continuous service, Employees shall have earned an additional five (5) work days’ vacation with pay;

      5. upon reaching the employment anniversary of forty-five (45) years of continuous service, Employees shall have earned an additional five (5) work days’ vacation with pay.

2.  

   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 their employment had been continuous.

   2. Where an Employee is voluntarily terminating their employment, the Employer shall provide the Employee with a written statement of their vacation entitlement upon termination.

3. 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 their vacation entitlements reduced. Provided, however, that this clause would only apply where the Employee is working for the same Employer at all relevant times.

4. Time of Vacation
   
   Note: Clause 21.05(a) amended for EMS in Local Conditions (Page 214)

   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. Such carry-forwards shall not exceed thirty-eight point seven five (38.75) hours.

   2. Notwithstanding Article 21.05(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.  

      1. Subject to Article 21.05(b)(ii), the Employer shall grant the annual vacation to which the Employee is entitled in one (1) unbroken period.

      2. Upon the request of the Employee, the Employer may grant an Employee’s request to divide the Employee’s vacation. Such request shall not be unreasonably denied.

   5. The Employer shall post a vacation planner no later than January 1st of each year. At the time of posting the planner, the Employer shall provide guidance as to the reasonable number of Employees participating in the planner who can be granted vacation at the same time. Employees shall submit their vacation preferences for their annual vacation entitlement by March 15th of that year.  Following the deadline for submissions, vacation requests made on the vacation planner will be approved or denied no later than April 30th of that year. Employees are required to request at least seventy-five percent (75%) of their annual vacation entitlement on the vacation planner.
      
      Seniority shall be considered when there is a dispute regarding preference for the time that vacation is to be taken.
      
      All other requests for vacation will be considered on a first come first serve basis. These requests will be approved or denied within four (4) weeks of the request being submitted.

5. Excess accrued vacation not taken by May 1 in any given year may be paid out upon written request of an Employee, in accordance with Employer policy.

6. Unless given four (4) weeks advance notice of an alteration to their scheduled vacation period, an Employee required by the Employer to work during their vacation period will receive two times (2X) their 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 their 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.

7. 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.