Part of Covenant Health Collective Agreement 2020-2024

Covenant Health Collective Agreement 2020-2024

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Table of contents

Article 44: Part-Time, Temporary And Casual Employees

Note: Clause 44.01 amended for EMS in Local Conditions (Page 171)

  1. Except as modified by this Article, all provisions of this Collective Agreement apply to Part-time, Temporary and Casual Employees, except that Casual Employees shall not be entitled to benefits provided for in:

    Article 9: Probationary Period
    Article 11: Work Schedules and Shifts
    Article 23: Sick Leave
    Article 25: Employee Benefit Plans
    Article 26: Pension Plan
    Article 28: Seniority
    Article 30: Layoff and Recall
    Article 31: Technological Change
    Article 33: Leaves of Absence
    Article 38: Resignation/Termination

  2.  

    1. A Temporary Full-time or Temporary Part-time Employee shall be covered by the terms and conditions of this Collective Agreement, applicable to Full-time or Part-time Employees as the case may be.

    2. At the time of hire, the Employer shall state in writing the expected term of employment.

    3. A Temporary Employee shall not have the right to grieve the termination of their employment when no longer required in that position or on completion of the expected term of the position nor placement pursuant to Article 29.04(b).

 

  1. Hours of Work

    1. Amend Article 10.01 to read:

      “Regular hours of work, exclusive of meal periods, shall be up to seven and three-quarter (7 3/4) hours in any day. The ratio of work days to non-work days shall not exceed 5:2 averaged over a period of not more than four (4) weeks. Such four (4) week periods shall be consecutive and non-inclusive.”

    2. Amend Article 10.02(a) by adding:

      “Regular hours of work shall include, as scheduled by the Employer, one (1) rest period of fifteen (15) minutes in instances where the shift is less than seven and three-quarter (7 3/4) hours but more than three and three-quarter (3 3/4) hours.”

    3. Amend Article 10.02 by adding:

      “(d)    A Part-time Employee may work additional shifts from time-to-time.

      (e)    Where a Part-time Employee volunteers or agrees, when requested, to work additional shifts, they shall be paid their Basic Rate of Pay for such hours or, if applicable, at the overtime rate provided in Article 44.05(A) for those hours worked in excess of their regularly scheduled shift.

      (f)    An Employee required by the Employer to work an additional shift without them having volunteered or agreed to do so, will receive two times (2X) their Basic Rate of Pay. This premium payment will cease and the Employee’s Basic Rate of Pay will apply at the start of their next scheduled shift, or additional shift worked pursuant to Article 44.03(C)(e).

      (g)    At the time of hire or transfer, the Employer shall state in writing a specific number of hours per shift cycle, which shall constitute the regular hours of work for each Part-time Employee. Such hours may be altered in accordance with the Letter of Understanding re: Increasing or Decreasing Full-Time Equivalencies.

               Agreement to amend regular hours of work pursuant to the above shall not be considered a violation of Articles 11 and 29. Where the Parties are unable to agree on an alternate process, the provisions of Article 29 shall apply.

      (h)    In the event that a Casual Employee reports to work for a scheduled shift or a shift for which they have been called in for, and is not permitted to commence work, they shall be paid three (3) hours pay at the Basic Rate of Pay.”

  2.  Amend Article 11 (Work Schedules and Shifts) to read:

    Note: Clause 44.04 is not applicable to EMS

    “11.01 (a) An Employee shall be aware that they may be required to work various shifts throughout the twenty-four (24) hour day and the seven (7) days of the week. The first (1st) shift of the working day shall be the one wherein the majority of hours worked fall between twenty-four hundred (2400) hours and zero eight hundred (0800) hours.

        (b) A request by an Employee to work a shift pattern of permanent evenings, permanent nights, permanent evenings and nights, permanent evenings and days, or permanent nights and days shall be considered when operationally feasible. The Employer may require Employees permanently working evenings, nights or both to work blocks of day shift for the purpose of maintaining skill, knowledge and/or proficiency. This is limited to two (2) blocks per year totaling not more than fourteen (14) calendar days.

        (c) An Employee who has requested to work one of the Shift patterns referenced in 11.01(b) and has done so for at least twelve (12) months, may give the Employer notice that they wish to revert to one of the other Shift patterns noted in 11.01(b) or any other shift pattern that is available. Upon receiving such notice, the Employer will canvas all Employees included in the schedule to determine if other Employees wish to amend their shift pattern, regardless of how long they have worked in those Shift Patterns.

        (d) The Employer will not be required to revise the schedule more than once in any twelve (12) month period commencing with implementation of the new shift schedule. 

    11.02 Shift Scheduling Standards and Premiums for Non-Compliance

        (a) Except in cases of emergency or by mutual agreement between the Employer and the Employee, shift schedules shall provide for:

            (i) where possible one (1) weekend off in any two (2) week period but, in any event two (2) weekends off in any five (5) week period;

            (ii) at least fifteen (15) hours off duty between the end of one shift and the commencement of the next shift;

            (iii) not more than six (6) consecutive scheduled days of work;

        (b) Where the Employer is unable to provide for the provisions of Article 11.02(a)(i) or (ii) or (iii), and an emergency has not occurred, nor has it been mutually agreed otherwise, the following conditions shall apply:

            (i) failure to provide both of the required two (2) weekends off duty in accordance with Article 11.02(a)(i), shall result in payment to each affected Employee of two times (2X) their Basic Rate of Pay for each of four (4) regular shifts worked during the five (5) week period;

            (ii) failure to provide one (1) of the required two (2) weekends off duty in accordance with Article 11.02(a)(i), shall result in payment to each affected Employee of two times (2X) their Basic Rate of Pay for each of two (2) regular shifts worked during the five (5) week period;

            (iii) failure to provide fifteen (15) hours off duty between the end of one shift and the commencement of the next shift shall result in payment of two times (2X) the Basic Rate of Pay for all hours worked on that next scheduled shift. 

        (c) An optional scheduling system is available which may be applied with written agreement between the Employer and the Union. The optional scheduling system may be implemented subject to Letter of Understanding # 24 Re: Considering Optional Scheduling System. Where this option is applied, the relevant provisions of Article 11.02(a) shall be amended as follows:

            (i) where possible one (1) weekend off in any two (2) week period but, in any event, two (2) weekends off in any five (5) week period;

            (ii) at least fifteen (15) hours off duty between the end of one shift and the commencement of the next shift;

            (iii) not more than seven (7) consecutive scheduled days of work

        (d) An Employee required to rotate shifts shall be assigned day duty approximately one-third (1/3) of the time unless mutually agreed to by the Employer and Employee provided that, in the event of an emergency or where unusual circumstances exist, the Employee may be assigned to such shift as deemed necessary by the Employer.

    11.03 Schedule Posting and Schedule Changes

        (a) Unless otherwise agreed between the Employer and the Union shift schedules shall be posted twelve (12) weeks in advance. The Employer shall provide the Union with a copy of each shift schedule upon request.  If a shift schedule is changed after being posted, the affected Employees shall be provided with fourteen (14) calendar days’ notice of the new schedule. In the event that an Employee’s schedule is changed in the new shift schedule, and they are not provided with fourteen (14) calendar days’ notice, they shall be entitled to premium payment subject to the provisions of Article 11.03(b).

        (b) (i) If, in the course of a posted schedule, the Employer changes the Employee’s shift, they shall be paid at the rate of two times (2X) their Basic Rate of Pay for all hours worked on the first (1st) shift of the changed schedule unless fourteen (14) calendar days’ notice of such change has been given.

              (ii) If, in the course of a posted schedule, the Employer changes the Employee’s shift start time by two (2) hours or more, they shall be paid at the rate of two times (2X) their Basic Rate of Pay for all hours worked on this shift unless fourteen (14) calendar days’ notice of such change has been given.

    11.04 In the event that an Employee reports for work as scheduled and is required by the Employer not to commence work but to return to duty at a later hour, they shall be compensated for that inconvenience by receiving three (3) hours’ pay at their Basic Rate of Pay. 

    11.05 Should an Employee report and commence work as scheduled and be required to cease work prior to completion of their scheduled shift and return to duty at a later hour, they shall receive their Basic Rate of Pay for all hours worked with an addition of three (3) hours’ pay at their Basic Rate of Pay for that inconvenience.

    11.06 Employee Shift Trading

    Employees may exchange shifts with the approval of the Employer provided no increase in cost is incurred by the Employer. Shift and/or day off exchanges may be made up to twelve (12) weeks in advance.

  3. Overtime

    Note: Clause 44.05 amended for EMS in Local Conditions (Page 171)

    1. Amend Article 12.01 to read:

      “All hours, authorized by the Employer and worked by:

      1. a Regular Part-time Employee in excess of the maximums specified in Article 44.03(A); or

      2. a Casual Employee in excess of their regularly scheduled shift or one hundred and fifty-five (155) hours worked in each consecutive and non-inclusive twenty-eight (28) calendar day period;

      shall be paid for at two times (2X) the Basic Rate of Pay on that day.”

  4. On-Call Duty

    1. Amend Article 13 by adding:

      “13.12  In the Sites where departments provide service on a regular basis more than five (5) days a week, five (5) days in each consecutive seven (7) day period shall be deemed as work days for the purposes of paying the on-call rate to Casual Employees.”

  5. Salaries

    Note: Clause 44.07 amended for EMS in Local Conditions (Page 171)

    1. Amend Article 14.02(a) to read:

      “Notwithstanding the time periods stated for increment advancement in the Salaries Appendix, Part-time, Temporary and Casual Employees to whom these provisions apply shall be entitled to an increment on the satisfactory completion of two thousand and twenty-two point seven five (2,022.75) regular hours of work, and a further increment on the satisfactory completion of each period of one thousand eight hundred and twenty-nine (1,829) regular hours of work thereafter until the maximum rate is attained.”

  6. Vacation With Pay For Part-Time Employees

    Note: Clause 44.08 amended for EMS in Local Conditions (Page 172)

    1. Article 21.02 is amended to read:

      “Part-time Employees

      Regular Part-time Employees shall earn vacation with pay calculated in hours in accordance with the following formula:

      Hours worked as a regular Employee as specified in Articles 44.03, 44.08(C) and 45.12(A)

      X

      The applicable percentage as outlined below

      =

      Number of hours of paid vacation time to be taken

      1. six percent (6%) during the first (1st) year of employment; or

      2. eight percent (8%) during each of the second (2nd) to ninth (9th) years of employment; or 

      3. ten percent (10%) during each of the tenth (10th) to nineteenth (19th) years of employment; or

      4. twelve percent (12%) during each of the twentieth (20th) and subsequent years of employment; and

      5. Regular Part-time Employees shall earn supplementary vacation with pay calculated in hours in accordance with the following formula:

        Hours worked during the vacation year as specified in Articles 44.03 and 44.08(C) and 45.11 (A)

        X

        The applicable percentage as outlined below

        =

        Number of hours of paid supplementary vacation time to be taken in the current supplementary vacation period

        1. upon reaching the employment anniversary of twenty-five (25) years of continuous service, Employees shall have earned an additional two percent (2%);

        2. upon reaching the employment anniversary of thirty (30) years of continuous service, Employees shall have earned an additional two percent (2%);

        3. upon reaching the employment anniversary of thirty-five (35) years of continuous service, Employees shall have earned an additional two percent (2%);

        4. Upon reaching the employment anniversary of forty (40) years of continuous service, Employees shall have earned an additional two percent (2%);

        5. Upon reaching the employment anniversary of forty-five (45) years of continuous service, Employees shall have earned an additional two percent (2%).”

    2. For Part-Time Employees, Article 21.05(a) is amended to read: 

      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, by February 15th and shall be subject to the approval of the Employer. Such carry-forwards shall not exceed thirty-eight point seven five (38.75) hours, prorated based upon full-time equivalency (FTE).

    3. Amend 21.05 for Part-Time Employees by adding:

      1. Part-Time Employees will be paid for their scheduled shift during their approved vacation blocks. To supplement their income while on vacation, a part-time Employee may request, and their manager may agree, to provide vacation pay for all unscheduled days within their approved vacation block up to full-time hours, provided the Employee has enough vacation accrued in their bank at the start of their approved block. This arrangement will not be considered a payout but instead will be coded and paid as “regular vacation”.

      Vacation for Casual Employees

    4. Article 21.02 is amended to read:

      1. Vacation Entitlement

        A Casual Employee shall earn vacation entitlement as outlined below. Vacation Leave will be deemed to have commenced on the first (1st) regularly scheduled work day absent on Vacation Leave, and continue on consecutive calendar days until return to duty:

        1. during the first (1st) year of employment an Employee is entitled to twenty-one (21) calendar days; or

        2. during the second (2nd) to ninth (9th) years of employment an Employee is entitled to twenty-eight (28) calendar days; or

        3. during the tenth (10th) to nineteenth (19th) years of employment an Employee is entitled to thirty-five (35) calendar days; or

        4. during the twentieth (20th) and subsequent years of employment an Employee is entitled to forty-two (42) calendar days off.

      2. Vacation Pay

        Vacation pay shall be paid in accordance with the following:

        1. during the first (1st) year of employment six percent (6%) of their regular earnings as defined in (C) below; or

        2. during the second (2nd) to ninth (9th) years of employment eight percent (8%) of their regular earnings as defined in (C) below; or

        3. during the tenth (10th) to nineteenth (19th) years of employment ten percent (10%) of their regular earnings as defined in (C) below; or

        4. during the twentieth (20th) and subsequent years of employment twelve percent (12%) of their regular earnings as defined in (C) below.”

      3. Article 21.06 is amended to read:

        “Subject to the approval of the Employer, and depending on the Employer’s payroll and administrative systems, vacation pay entitlements may be received by an Employee at various times of the year.”

    5. Only those regularly scheduled hours and additional hours worked at the Basic Rate of Pay and on a Named Holiday to a maximum of seven and three-quarter (7 3/4) hours and periods of sick leave with pay will be recognized as regular earnings for the purpose of determining vacation pay.

  7. Named Holidays

    Note: Additional Clause 44.09 for EMS in Local Conditions (Page 172)

    1. With the exception of Article 22.08, Article 22 is replaced in its entirety by the following:

      1. An Employee to whom these provisions apply required to work on a Named Holiday, which are:

        New Year's Day
        Labour Day
        Alberta Family Day
        Thanksgiving Day
        Good Friday
        Remembrance Day
        Victoria Day
        Boxing Day
        Canada Day

        and all general holidays proclaimed to be a statutory holiday by any of the following:

        1. the Municipality in which the Site is located;

        2. the Province of Alberta; or

        3. the Government of Canada;

        shall be paid at one and one-half times (1 1/2X) their Basic Rate of Pay for their regularly scheduled shift worked on a Named Holiday and two point five times (2.5X) their Basic Rate of Pay for time worked in excess of their regularly scheduled shift.

      2. An Employee to whom these provisions apply required to work on Christmas Day and the August Civic Holiday shall be paid for all hours worked on the Named Holiday at two times (2X) their Basic Rate of Pay and three times (3X) their Basic Rate of Pay for time worked in excess of their regularly scheduled shift.

      3. An Employee to whom these provisions apply shall be paid, in addition to their Basic Rate of Pay, five percent (5%) of their basic hourly rate of pay in lieu of the Named Holidays, and the Floater Holiday.”

  8. Sick Leave

    1. Amend Article 23.02 to read:

      1. An Employee shall be allowed a credit for sick leave computed from the date of employment. 

      2. A Part-time Employee shall accumulate sick leave credits up to a maximum credit of one-hundred and twenty (120) working days, pro-rated to the regularly scheduled hours of the part-time Employee in relation to the regularly scheduled hours for a full-time Employee.

      3. A Part-time Employee shall accumulate sick leave credits on the basis of one and one-half (1 1/2) days per month, pro-rated on the basis of the hours worked by the Part-time Employee in relation to the regularly scheduled hours for a Full-time Employee.

      4. For Part-time Employees, sick leave accrual shall be based upon regularly scheduled hours of work and any additional shifts worked, to a maximum of full-time hours.”

    2. Amend Article 23.04 to read:

      “An Employee granted sick leave shall be paid, at their Basic Rate of Pay, for regularly scheduled shifts absent due to illness, and the number of hours thus paid, shall be deducted from their accumulated sick leave credit up to the total amount of their accumulated credit at the time the sick leave commenced.”

 

  1. Bereavement Leave

    In calculating paid Bereavement Leave entitlement for Part-time Employees, the provisions of Article 33.05 shall apply only to regularly scheduled working days which fall during a ten (10) calendar day period, commencing with the date of death.

  2. Change of Status

    1. A Temporary or Casual Employee who transfers to regular full-time or regular part-time employment with the Employer shall be credited with the following entitlements earned during their period of employment, provided not more than six (6) months have elapsed since they last worked for the Employer:

      1. salary increments;

      2. vacation entitlement; and

      3. seniority in accordance with Article 28.01.

    2. A Temporary Employee shall also be credited with sick leave earned and not taken during their period of temporary employment.

  3. Further to Article 9.01, Part-time Employees will have completed their probationary period after one thousand seven and one-half (1,007 1/2) hours or one (1) year of employment, whichever is the lesser.

Employers: Covenant Health