WCB – Alberta (Millard Health) Collective Agreement 2021-2024

Article 18: Lay-Off and Recall

1. Prior to layoffs occurring, the parties will meet and discuss the appropriate application of Article 18.04 to the circumstances, including but not limited to:
   1. the timing and specific process to be followed; and
   2. any other issue the parties deem appropriate.

2. In case it becomes necessary to reduce the work force by:

   1. reduction in the number of Employees; or
   2. reduction in the number of regularly scheduled hours available to one or more Employees;

   the Employer will notify Employees who are to be laid off ten (10) working days prior to layoff. If the Employee laid off has not been provided with an opportunity to work ten (10) working days after notice of layoff, the Employee shall be paid in lieu of such work for that portion of the ten (10) working days during which work was not made available.

3. If the Employer proposes to layoff an Employee while they are on leave of absence, Workers’ Compensation, or absent due to illness or injury, they shall not be served with notice under Article 18.02 until they have advised the Employer of their readiness to return to work.
4. Layoff is not a normal occurrence. Layoff shall be in reverse order of seniority, however the Employer shall have the right to retain Employees who would otherwise be laid off when layoff in accordance with this Article would result in retaining Employees who are not capable and qualified of performing the work required.
5. Employees shall be recalled in reverse order of layoff provided they are qualified and capable of performing the work required. The method of recall shall be by telephone and, if such is not possible, by written notice with confirmation of delivery sent to the Employee’s last known place of residence. The Employee so notified will return to work as soon as possible but not later than five (5) days following the date of the telephone call or six (6) days following the date of initial registration of the letter.
6. No new Employees will be hired while there are other Employees on layoff as long as laid off Employees can perform the work required.
7. In the case of a layoff in excess of one (1) month, the Employee’s salary increment date shall be adjusted by the same amount of time as the layoff and the new salary increment date shall prevail thereafter.
8. In the case of a layoff in excess of one (1) month’s duration, an Employee may make prior arrangements and be responsible for the payment of the full premiums of any benefit plans they are eligible to continue.
9. Recall to Casual Work
   For the purpose of this clause "Casual Work" will mean:
   1. work on a call in basis inside their classification which is not regularly scheduled;
   2. regularly scheduled work for a period of three (3) month or less for a specific job; or
   3. work to relieve for an absence the duration of which is anticipated to be three (3) month or less.
10. The Employer shall offer opportunities for casual work to laid off Employees in order of their seniority before assigning the work to another Employee, providing the laid off Employee is qualified and capable of performing the work required.
11. A laid off Employee may refuse an offer of casual work without adversely affecting their recall status.
12. An Employee who accepts an offer of casual work will be governed by the Collective Agreement provisions governing casual Employees. However, such Employee's recall status and seniority standing upon recall will not be affected by the period of casual employment.