Covenant Health Collective Agreement 2020-2024

Article 33: Leaves Of Absence

1. General Policies Covering Leaves of Absence
   
   Employees are eligible for any leaves as set out in the Alberta Employment Standards Code. Employees are eligible for these leaves after ninety (90) days of employment. Leaves of Absence are without pay.  The Employer may require proof of eligibility for the leaves.
   
   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 thirty (30) days 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 thirty (30) days. Where the leave of absence exceeds thirty (30) days, an Employee’s increment date shall be adjusted by the amount of time that the leave of absence exceeds thirty (30) days, 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 3/4) 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.  Employees requesting Personal Leave are not required to provide the Employer with details regarding the purpose of their request. 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 twenty-three point two five (23.25) hours;

      2. Part time Employees between zero point six (0.60) and zero point eight (0.80) FTE shall be entitled to fifteen point five (15.5) hours;

      3. Part-time Employees between zero point three eight (0.38) and zero point five nine (0.59) FTE shall be entitled to seven point seven five (7.75) hours.

   3. Personal Leave is granted in hourly increments of no less than three (3) hours when requested by the Employee, subject to operational requirements.  

   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 same year.

5. Bereavement Leave

   1. Bereavement Leave with pay of:
      
      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 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. For the birth mother, Parental Leave starts immediately following Maternity Leave.

   2. An Employee who has completed 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) days’ 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 endeavor 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 held by them 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
   
   Subject to the provisions of Article 4.08:

   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. Upon ratification, paid positions of the Union shall be granted leave of absence with pay, and shall at their option continue to contribute and participate in the Employee Benefit Plans (Article 25), and/or the Pension Plan/LAPP, with the Union paying the Employer share of cost.

   5. Except in (c) and (d) above, representatives of the Union who are elected to a position with any Union affiliate may be granted, whenever possible, Leave of Absence without pay to permit them to fulfill the duties of the office. The HSAA affiliates including but not limited to: The Alberta Federation of Labour (AFL), National Union of Public and General Employees (NUPGE), Canadian Labour Congress (CLC), and Alberta District Labour Councils, or as designated by Health Sciences Association of Alberta.

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 held by them immediately prior to taking such leave or be provided with alternate work of a comparable nature.

10. Compassionate Care Leave
    
    In accordance with the Alberta Employment Standards Code:

    1. An Employee who must be away from work temporarily to provide care or support to a qualified family member who is gravely ill and who has a significant risk of death shall be entitled to leave of absence without pay but with benefits at the normal cost-sharing, for a period of up to twenty-seven (27) weeks. Qualified relative means a person in a relationship to the Employee for whom the Employee would be eligible for the compassionate care benefit under Employment Insurance legislation.

    2. Employees may be required to submit to the Employer satisfactory proof demonstrating the need for Compassionate Care 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. Registering/Professional College Leave
    
    An Employee who is elected, or is appointed to represent their registering or professional body will be granted leave of absence without pay and benefits.

13. Humanitarian Relief Leave
    
    An Employee may request in writing for an unpaid leave of absence to provide humanitarian relief or medical relief aid, in accordance with Article 33.01. Such request shall not be unreasonably denied.

14. Leave for Parents with Critically Ill Children 

    1. An Employee who must be away from work temporarily to provide care or support to a critically ill child shall be entitled to leave of absence without pay for a period of up to thirty-six (36) weeks. Critically ill child means a child who has a life-threatening illness or injury that can include various acute phases of illness and for which continued parental care and support is required and for whom the Employee would be eligible for Leave for Parents with Critically Ill Children benefit under Employment Insurance legislation.

    2. Employees may be required to submit to the Employer satisfactory proof demonstrating the need for Leave for Parents with Critically Ill Children.

15. Leave for Parents - Death or Disappearance of a Child
    
    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.
16. Domestic Violence Leave
    1. The Employer recognizes that Employees sometimes face situations of violence or abuse in their personal life that may affect their attendance and performance at work.
    2. 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.
    3. An Employee may access applicable leaves of absence or banks such as sick leave, personal leave, court appearance leave, or general leave without pay.
    4. Personal information concerning domestic violence shall be kept confidential by the Employer.
    5. The Employee and Employer will only disclose relevant information on a “need to know” basis to protect confidentiality while ensuring workplace safety.