Alberta Health Services Collective Agreement 2020-2024

Article 33: Leaves Of Absence

1. General Policies Covering Leaves of Absence
   
   The following general policies apply to all leaves of absence as described in this Article:

   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 shall indicate approval or disapproval in writing within twenty-eight (28) days of the request for any leave of absence.

   2. An Employee who has been granted leave of absence of any kind and who overstays their leave without permission of the Employer shall be deemed to have terminated their employment.

   3. Except as provided in Article 33.01(d), where an Employee is granted a leave of absence of more than one (1) month’s duration, and that Employee is covered by any or all of the plans specified in Article 25, 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, EI SUB Plan benefits, STD or LTD, benefit plan premium payments shall be administered in the same fashion as an Employee absent due to illness.

   5. In the case of a leave of absence, an Employee shall accrue sick leave and vacation credits for the first (1st) month. Where the leave of absence exceeds one (1) month, an Employee’s increment date shall be adjusted by the amount of time that the leave of absence exceeds one (1) month, and the new increment date shall prevail thereafter.
   6. 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.
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. Educational Leave/Exchange Programs
   1. The Parties to this Collective Agreement recognize the value of continuing education for each Employee covered by this Collective Agreement. Furthermore, the Parties recognize that continuing education is a requirement for some Employees. 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 Employees to participate in education or exchange 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 their Basic Rate of Pay to a maximum of seven and three-quarter (7 ¾) hours per day;
      3. the Employer will pay the cost of the course including tuition fees, reasonable travel and subsistence expenses subject to prior approval.
   4. For the purpose of qualifying for an annual increment, an Employee granted educational/exchange leave shall be deemed to remain in the continuous service of the Employer for the first (1st) twenty-four (24) calendar months only of such period of leave. In the event the duration of educational/exchange leave continues for a period in excess of twenty-four (24) months, an Employee’s anniversary date for salary increment purposes shall be delayed by the amount of time that said leave exceeds twenty-four (24) months, and the newly established anniversary date shall prevail thereafter.
   5. An Employee absent on approved educational/exchange leave shall be reinstated by the Employer in the same position and classification held by them immediately prior to taking such leave or be provided with alternate work of a comparable nature.
4. Personal Leave
   1. Benefit eligible Regular Employees shall be entitled to Personal Leave days 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.
   2. The number of Personal Leave days are determined by the  FTE as of April 1 of each year.
      1. Full-time and Part-time Employees greater than zero point eight (0.80) FTE shall be entitled to three (3) days of seven and three-quarter (7 ¾) hours each;
      2. Part-time Employees between zero point six (0.60) and zero point eight (0.80) FTE shall be entitled to two (2) days of seven and three-quarter (7 ¾) hours each;
      3. Part-time Employees between zero point three eight (0.38) and zero point five nine (0.59) FTE shall be entitled to one (1) day of seven and three-quarter (7 ¾) hours.
   3. Personal Leave days are granted per incident as a full day.
   4. Any Personal Leave days not used by March 31st of each year shall not be carried over or paid out on termination of employment.
   5. New Employees hired after January 1st of each year shall not receive Personal Leave days until April 1st of the following year.
5. Bereavement Leave
   1. Bereavement Leave with pay of:
      1. five (5) consecutive working 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, grandchild, fiancé. Step-parent, step-children, step-brother, and step-sister, aunt, uncle, niece, nephew, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent-in-law, brother-in-law, sister-in-law, legal guardian and grandparent, shall be considered as members of the Employee’s immediate family. “Spouse” shall include common-law or same-sex relationship and shall be deemed to mean a person who resided with the Employee and who was held out publicly as their spouse for a period of at least one (1) year before the death.
   2. Bereavement Leave shall be extended by two (2) additional days if travel in excess of three hundred and twenty (320) kilometres one way from the Employee’s residence is necessary for the purpose of attending the funeral.
   3. Notwithstanding the provisions of Article 33.05(a) and (b), where special circumstances exist, an Employee may request that Bereavement Leave be divided into two (2) 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 the Bereavement Leave been taken in one (1) undivided period.
   4. Funeral / Memorial Ceremony Leave
      
      In the event of the death of a close friend or another relative not defined as part of the Employee’s immediate family as per 33.05(a), the Employer may grant up to one (1) working day off without loss of regular earnings to attend the funeral service or memorial ceremony.
6. Maternity Leave
   1. An Employee who has completed ninety (90) days of employment shall, upon their written request, be granted Maternity Leave to become effective thirteen (13) weeks immediately preceding the expected 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. 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, EI SUB Plan benefits, STD or LTD. Maternity Leave shall not exceed sixteen (16) weeks.
   2. A pregnant Employee whose continued employment in their position may be hazardous to themselves or to their unborn child, in the written opinion of their physician or a registered midwife, 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 33.06(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 33.01.
   3. A pregnant Employee whose pregnancy ends other than as a result of a live birth within sixteen (16) weeks of the estimated due date is entitled to maternity leave. Such maternity leave will end sixteen (16) weeks after the commencement of the leave.
7. Parental Leave
   1. A parent-to-be who has completed ninety (90) days of employment shall, upon their written request, be granted leave of absence without pay and benefits for a period up to sixty-two (62) weeks for parenting duties following the birth of a child.
   2. An Employee who has ninety (90) days of employment shall be granted leave of absence without pay and benefits for a period of up to sixty-two (62) weeks for the purpose of adopting a child provided that:
      1. they make a 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. they provide the Employer with at least one (1) day’s notice that such leave is to commence.
   3. Parental Leave shall end seventy-eight (78) weeks from the birth of the child or date of adoption, unless mutually agreed otherwise between the Employer and the Employee.
   4. An Employee absent on Parental Leave shall endeavour to provide the Employer with twelve (12) weeks written advance notice of their readiness to return to work but in any event shall provide four (4) weeks written notice, following which the Employer will reinstate them in the same position they held immediately prior to taking such leave and at the same step in the salary scale or provide them with alternate work of a comparable nature at not less than the same step in the salary scale and other benefit that accrued to them up to the date they commenced the leave.
   5. Parental Leave of at least one (1) working day with pay shall be granted upon the written request of a parent-to-be to enable such Employee to attend to matters directly related to the birth or adoption of a child.
8. 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 and Essential Services negotiations 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 such leaves of absence.
   5. Time off granted in accordance with Article 33.08 (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.
9. Leave for Public Office
   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 to permit them to fulfill the duties of that office.
   2. Regular Employees who are elected to public office shall be allowed a leave of absence without pay for a period of time not to exceed four (4) years.
   3. An Employee who has been on public office leave shall be reinstated by the Employer in the same position and classification they held immediately prior to taking such leave or be provided with alternate work of a comparable nature.
10. Caregiver Leaves
    1. Compassionate Care Leave
       1. An Employee who has completed at least ninety (90) days of employment, shall be entitled to leave of absence without pay but with benefits at the normal cost sharing, for a period of twenty-seven (27) weeks to care for a qualified relative with a serious medical condition with a significant risk of death within twenty-six (26) weeks from the commencement of the leave.
       2. Qualified relative for compassionate care leave means a person in a relationship to the Employee as designated in the Alberta Employment Standards Code regulations.
       3. At the request of the Employee, compassionate care leave may be taken in one (1) week increments.
       4. Where possible, an Employee shall apply for compassionate leave at least two (2) weeks in advance of the commencement of the leave and shall advise the Employer if they want to take the leave in weekly increments.
    2. Critical Illness Leave

       1. An Employee who has completed at least ninety (90) days of employment, and is a family member of a critically ill or injured child or a critically ill qualified adult relative,  shall be entitled to leave of absence without pay or benefits,

          - for a period of thirty-six (36) weeks to care for their critically ill child; or,
          
          - for a period of up to sixteen (16) weeks to care for a critically ill qualified adult relative.

       2. “Critically ill child” means a child, step-child, foster child or child who is under legal guardianship, and who is under eighteen (18) years of age for whom the Employee would be eligible for the parents of critically ill child leave under the Employment Standards Code (Alberta) and regulations.
       3. “Critically ill qualified adult relative” means a person in a relationship to the Employee for whom the Employee would be eligible for critical illness leave under the Employment Standards Code (Alberta) and regulations.
       4. At the request of the Employee, critical illness leave may be taken in one (1) week increments.
       5. Where possible, an Employee shall apply for critical illness leave at least two (2) weeks in advance of the commencement of the leave and shall advise the Employer if they want to take the leave in weekly increments.
    3. Employees may be required to submit to the Employer satisfactory proof demonstrating the need for compassionate care leave or critical illness leave.
11. Military Leave
    
    Upon application by an Employee, the Employer shall grant a leave of absence for military leave. Such leave of absence shall be in accordance with the Government of Canada regulations and any regulations passed by the Employer relative to LAPP and group insurance contributions.
12. Death or Disappearance of a Child Leave
    
    An Employee who meets the criteria for death or disappearance of child leave specified in the Employment Standards Code shall be entitled to a leave of absence without pay for a period up to:
     
    1. Fifty-two (52) weeks in the event of the disappearance of a child; or
    2. One hundred and four (104) weeks in the event of the death of a child.
13. Domestic Violence Leave
    1. An Employee who has been subjected to domestic violence may require time off from work to address the situation and shall be entitled to leave of absence without pay for of up to ten (10) days per calendar year.
    2. An Employee may access applicable leaves of absence or banks such as sick leave, personal leave, court appearance leave, or general leave without pay.
    3. Personal information concerning domestic violence shall be kept confidential by the Employer.
    4. When an Employee reports that they are experiencing domestic violence, the Employer and Employee shall complete a worker domestic/personal violence individualized safety plan and, where appropriate, the Employer may facilitate alternate work arrangements.
14. Citizenship Ceremony Leave
    
    An Employee who has completed ninety (90) days of employment is entitled to one half (1/2) day of leave without pay to attend a citizenship ceremony to receive a certificate of citizenship, as provided for under the Citizenship Act (Canada).