1.01 The parties to this agreement share a desire to improve the quality of the career foreign service within the public service of Canada, to maintain and enhance the professional standards of Foreign Service officers to the end that the people and Government of Canada will be well and effectively served in the furtherance of Canada’s national interests in Canada and abroad. Accordingly, they are determined to establish within the framework provided by law an effective working relationship.
1.02 The purpose of this agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the Association and the career foreign service employees it represents, and to set forth certain terms and conditions of employment relating to remuneration, employee benefits and general working conditions affecting employees covered by this agreement.
1.03 The Employer will retain all the functions, rights, powers and authority not specifically abridged or modified by this agreement.
1.04 Nothing in this agreement shall be construed as an abridgement or restriction of any employee’s constitutional rights or of any right expressly conferred in an act of the Parliament of Canada.
2.01 For the purpose of this agreement:
“Association” means the Professional Association of Foreign Service Officers ( Association ),
“bargaining agent” means the Professional Association of Foreign Service Officers ( agent négociateur ),
“bargaining unit” means the employees of the Employer in the Foreign Service Group as described in the certificate issued by the Public Service Staff Relations Board on March 11, 1968, as amended on May 10, 1999 ( unité de négociation ),
**
“common-law partner” refers to a person cohabiting in a conjugal relationship with an employee for a continuous period of at least one (1) year ( conjoint de fait ),
“continuous employment” has the same meaning as specified in the Directive on Terms and Conditions of Employment on the date of signing of this agreement ( emploi continu ),
“daily rate of pay” means an employee’s weekly rate of pay divided by five (5) ( taux de rémunération journalier ),
“day of rest” in relation to an employee means a day, other than a designated pay holiday, on which that employee is not ordinarily required to perform the duties of the employee’s position other than by reason of the employee being on leave ( jour de repos ),
“designated paid holiday” means the twenty-four (24) hour period commencing at 00:01 hours of a day designated as a holiday in this agreement ( jour férié désigné payé ),
“double time” means twice (2) the straight-time hourly rate ( tarif double ),
“employee” means a person who is a member of the bargaining unit ( fonctionnaire ),
“Employer” means His Majesty in right of Canada as represented by the Treasury Board, and includes any person authorized to exercise the authority of the Treasury Board ( employeur ),
“hourly rate of pay” means an employee’s daily rate of pay divided by seven decimal five (7.5) ( taux de rémunération horaire ),
“overtime” ( heures supplémentaires )
“part-time employee” means an employee whose normal scheduled hours of work on average are less than thirty-seven decimal five (37.5) hours per week, but not less than those prescribed in the Federal Public Sector Labour Relations Act ( fonctionnaire à temps partiel ),
“spouse” will, when required, be interpreted to include “common-law partner” except, for the purposes of the Foreign Service Directives, in which case the definition of “spouse” will remain as specified in Directive 2 of the Foreign Service Directives ( époux ),
“time and one half” means one and one half (1 1/2) times the straight time ( tarif et demi ),
“weekly rate of pay” means an employee’s annual rate of pay divided by fifty-two decimal one seven six (52.176) ( taux de rémunération hebdomadaire ).
2.02 Except as otherwise provided in this agreement, expressions used in this agreement:
2.03 The parties to this agreement share a desire to eliminate sexual stereotyping from all government communications and, to this end, have agreed to give equal importance to both sexes in alternating the use of the feminine and masculine genders in the wording of this agreement. Therefore, unless otherwise indicated by the context, what is formulated in the feminine gender includes the masculine and vice versa.
2.04 The English and French texts of this agreement are equally authentic.
3.01 The Employer shall continue to make all reasonable provisions for the occupational safety and health of employees. The Employer will welcome suggestions on the subject from the Association and the parties undertake to consult with a view to adopting and expeditiously carrying out reasonable procedures and techniques designed or intended to prevent or reduce the risk of employment injury or occupational illness. The Association agrees to encourage its members to observe all safety rules and to use all appropriate protective equipment and safeguards.
4.01 The Employer recognizes the Professional Association of Foreign Service Officers as the exclusive bargaining agent for all employees described in the certificate issued by the former Public Service Staff Relations Board on May 10, 1999, covering employees in the Foreign Service Group.
**
4.02 leave without pay to serve as president of the Association
The Employer shall grant a leave without pay to an employee who is elected or appointed to a full-time position of the Association within one (1) month after notice is given to the Employer of such election or appointment by the Association. The duration of such leave shall be for the period the employee holds such office.
5.01 The Employer will, as a condition of employment, deduct an amount equal to the membership dues from the monthly pay of all employees in the bargaining unit.
5.02 The Association shall inform the Employer in writing of the authorized monthly deduction to be checked off for each employee defined in clause 5.01. The Association shall give at least three (3) months’ advance notice to the Employer of any amendment to the amount of the authorized monthly deduction.
5.03
5.04 An employee, who satisfies the Employer to the extent that she declares in an affidavit that she is a member of a religious organization whose doctrine prevents her as a matter of conscience from making financial contributions to an employee organization and that she will make contributions to a charitable organization registered pursuant to the Income Tax Act, equal to dues, shall not be subject to this article, provided that the affidavit submitted by her is countersigned by an official representative of the religious organization involved.
5.05 The amounts deducted in accordance with clause 5.01 shall be remitted to the Association by cheque within a reasonable period of time after deductions are made and shall be accompanied by the name and pay number of each employee and the amount of the deductions made on the employee’s behalf.
5.06 The Employer shall provide a monthly revocable check-off of premiums payable on insurance plans, provided by the Association for its members in the bargaining unit, on the basis of presentation of appropriate documentation, provided that the amounts so deducted are combined with membership dues in a single monthly deduction. The Employer will not be required to inform an employee when her insurance plan coverage is affected because of lack of sufficient earnings to cover deductions or because of her transfer out of or into the bargaining unit.
5.07 The Association agrees to indemnify and save the Employer harmless against any claim or liability arising out of the application of this article, except for any claim or liability arising out of an error committed by the Employer.
6.01 The communication facilities of the Employer are for the delivery of government programs. Nevertheless, in the situations circumscribed by clauses 6.03 and 6.04 and subject to operational requirements, the Employer agrees to cooperate in providing certain facilities for communications between the Association and the employees on foreign assignment.
6.02 The Association agrees to indemnify and save the Employer harmless against any claim or liability arising out of the application of this article.
**
6.03 Global Affairs Canada Mail Distribution Service
Notwithstanding any restrictions on use of government mail facilities, the departmental internal mail facilities may be used for communications between the Association and the employees on foreign assignment, in conformity with applicable Employer policies as amended from time to time.
6.04 Departmental electronic mail systems
6.05 Bulletin boards
Reasonable space on bulletin boards, in convenient locations, including electronic bulletin boards where available, will be made available to the Association for the posting of official Association notices. The Association shall endeavour to avoid requests for posting of notices which the Employer, acting reasonably, could consider adverse to its interests or to the interests of any of its representatives. Posting of notices or other materials shall require the prior approval of the Employer, except notices related to the business affairs of the Association, including the names of Association representatives, and social and recreational events. Such approval shall not be unreasonably withheld.
7.01 The Employer agrees to supply the Association each month with the following information pertaining to all employees in the Foreign Service bargaining unit, including those who enter or leave the bargaining unit: surname, first initial, gender, geographic location, classification level, department, employee type, activity code and status.
**
7.02 The Employer agrees to provide each employee with a copy of this agreement. For the purpose of satisfying the Employer’s obligation under this clause, employees may be given electronic access to the collective agreement.
8.01 The parties acknowledge the mutual benefits to be derived from joint consultation and will consult on matters of common interest.
8.02 The subjects for joint consultation shall include career development and may include professional responsibilities and standards and workloads.
**
8.03 Without limiting the manner in which the parties agree to consult, Global Affairs Canada and Immigration, Refugees and Citizenship Canada undertake to maintain a consultation process with the Association in accordance with terms of reference which are mutually agreed upon.
9.01 An employee who is required to attend a meeting, the purpose of which is to conduct a disciplinary hearing concerning her or to render a disciplinary decision concerning her, shall:
9.02 When an employee is suspended from duty, demoted, or terminated in accordance with paragraph 12(1)(c), (d) or (e) of the Financial Administration Act, the Employer undertakes to notify her in writing of the reason for such suspension, demotion or termination. The Employer shall endeavour to give such notification at the time of suspension, demotion or termination.
9.03 The Employer shall notify the Executive Director of the Association that a suspension, demotion or termination has occurred.
9.04 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an employee, the existence of which she was not aware at the time of filing or within a reasonable period thereafter.
9.05 Any document or written statement related to disciplinary action, which may have been placed on the personnel file of an employee shall be destroyed after two (2) years have elapsed since the disciplinary action was taken provided that no further disciplinary action has been recorded during this period. This period will automatically be extended by the length of any period of leave without pay of three (3) months or more.
9.06 Subject to the Access to Information Act and the Privacy Act, the Employer shall provide the employee access to the information used during the disciplinary investigation.
10.01 For the purpose of this article,
10.02 Prior to an employee performance review, the following shall be made available to the employee:
10.03
10.04
10.05 Upon written request of an employee, the personnel file of that employee shall be made available once per year for the employee’s examination in the presence of an authorized representative of the Employer.
11.01 In cases of alleged misinterpretation or misapplication arising out of agreements concluded by the National Joint Council (NJC) of the public service on items which may be included in a collective agreement and which the parties to this agreement have endorsed, the grievance procedure will be in accordance with section 15 of the NJC By-Laws.
11.02 The parties recognize the value of informal discussion between employees and their supervisors to the end that problems might be resolved without recourse to a formal grievance. When the parties in writing avail themselves of an informal conflict management system established pursuant to section 207 of the FPSLRA, the time limits prescribed in this grievance procedure are suspended until either party gives the other notice in writing to the contrary.
11.03 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause a grievor to abandon his/her grievance or refrain from exercising his/her right to present a grievance as provided in this agreement.
11.04 Subject to clauses 11.05 to 11.10 and as provided in section 208 of the Federal Public Sector Labour Relations Act, a grievor who feels that he/she has been treated unjustly or considers himself/herself aggrieved by any action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance related to:
11.05 An employee may not present an individual grievance in respect of which an administrative procedure for redress is provided under any act of Parliament, other than the Canadian Human Rights Act.
11.06 Despite clause 11.05, an employee may not present an individual grievance in respect of the right to equal pay for work of equal value.
11.07 An employee may not present an individual grievance relating to the interpretation or application, in respect of the employee, of a provision of a collective agreement or an arbitral award unless the employee has the approval of and is represented by the bargaining agent for the bargaining unit to which the collective agreement or arbitral award applies.
11.08 An employee who, in respect of any matter, avails himself or herself of a complaint procedure established by a policy of the Employer may not present an individual grievance in respect of that matter if the policy expressly provides that an employee who avails himself or herself of the complaint procedure is precluded from presenting an individual grievance under this article.
11.09 An employee may not present an individual grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.
11.10 For the purposes of clause 10.09, an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.
11.11 Except as otherwise provided in this agreement a grievance shall be processed by recourse to the following levels:
11.12 Where the Employer demotes or terminates an employee for cause pursuant to paragraph 12(1)(c), (d) or (e) of the Financial Administration Act, the grievance procedure set forth in this agreement shall apply except that the grievance shall be presented at the final level only.
11.13 The Employer shall designate a representative at each level in the grievance procedure and shall inform each employee to whom the procedure applies of the name or title of the person so designated together with the name or title and address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented. This information shall be communicated to employees by means of notices posted by the Employer in places where such notices are most likely to come to the attention of the employees to whom the grievance procedure applies, or otherwise as determined by agreement between the Employer and the Association.
11.14 A grievor who wishes to present a grievance at a prescribed level in the grievance procedure, shall transmit this grievance to his/her immediate supervisor or local officer-in-charge who shall forthwith:
11.15 Where it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked, and it shall be deemed to have been received by the Employer on the date it is delivered to the appropriate office of the department or agency concerned.
Similarly the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his/her grievance at the next higher level shall be calculated from the date on which the Employer’s reply was delivered to the address shown on the grievance form.
11.16 A grievance shall not be deemed to be invalid by reason only that it is not in accordance with the form supplied by the Employer.
11.17 A grievor may be assisted and/or represented by the Association when presenting a grievance at any level.
11.18 The Association shall have the right to consult with the Employer with respect to a grievance at each level of the grievance procedure. Where consultation is with the deputy head, the deputy head shall render the decision.
11.19 A grievor may present a grievance to the first level of the procedure in the manner prescribed in clause 11.13, not later than the twenty-fifth (25th) day after the date on which he/she is notified orally or in writing or on which he/she first becomes aware of the action or circumstances giving rise to grievance.
11.20 The Employer shall normally reply to a grievance, at any level in the grievance procedure, except the final level, within ten (10) days after the date the grievance is presented at that level. Where such decision or settlement is not satisfactory to the grievor, he/she may submit a grievance at the next higher level in the grievance procedure within ten (10) days after that decision or settlement has been conveyed to him in writing.
11.21 If the Employer does not reply within fifteen (15) days from the date that a grievance is presented at any level, except the final level, the grievor may, within the next ten (10) days, submit the grievance at the next higher level of the grievance procedure.
11.22 The Employer shall normally reply to a grievance at the final level of the grievance procedure within thirty (30) days after the grievance is presented at that level.
11.23 Where a grievor has been represented by the Association in the presentation of his/her grievance, the Employer will provide the appropriate representative of the Association with a copy of the Employer’s decision at each level of the grievance procedure at the same time that the Employer’s decision is conveyed to the grievor.
11.24 The decision given by the Employer at the final level in the grievance procedure shall be final and binding upon the grievor unless the grievance is a class of grievance that may be referred to adjudication.
11.25 In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated paid holidays shall be excluded.
11.26 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the grievor and, where appropriate, the Association representative.
11.27 Where it appears that the nature of the grievance is such that a decision cannot be given below a particular level of authority, any or all the levels, except the final level, may be eliminated by agreement of the Employer and the grievor, and, where applicable, the Association.
11.28 A grievor may abandon a grievance by written notice to his/her immediate supervisor or officer-in-charge.
11.29 When a grievor fails to present a grievance to the next higher level within the prescribed time limits he/she will be deemed to have abandoned the grievance, unless he/she was unable to comply with the prescribed time limits due to circumstances beyond his/her control.
11.30 Where a grievor has presented a grievance up to and including the final level in the grievance procedure with respect to:
and his/her grievance has not been dealt with to his/her satisfaction, he/she may refer the grievance to adjudication in accordance with the provisions of the Federal Public Sector Labour Relations Act and Regulations.
11.31 Where a grievance that may be presented by a grievor to adjudication is a grievance relating to the interpretation or application in respect of him of a provision of this agreement or an arbitral award, he is not entitled to refer the grievance to adjudication unless the Association signifies in the prescribed manner:
11.32 Subject to and as provided in section 215 of the Federal Public Sector Labour Relations Act and clauses 11.14 to 11.29 of this collective agreement, the Association may present a group grievance to the Employer on behalf of employees in the bargaining unit who feel aggrieved by the interpretation or application, common in respect of those employees, of a provision of the collective agreement or an arbitral award.
11.33 Presentation of group grievance
11.34 Opting out of a group grievance
11.35 Reference to adjudication
11.36 Subject to and as provided in section 220 of the Federal Public Sector Labour Relations Act, the Employer and the Association may present a grievance to the Association or the Employer, as the case may be, authorized to deal with the grievance. The party who receives the grievance shall provide the other party with a receipt stating the date on which the grievance was received by him.
11.37 There shall be no more than one (1) level in the grievance procedure.
11.38 The Employer and the Association shall designate a representative and shall notify each other of the title of the person so designated.
11.39 The Employer and the Association may present a grievance in the manner prescribed in clause 11.36, no later than the twenty-fifth (25th) day after the earlier of the day on which it received notification and the day on which it had knowledge of any act, omission or other matter giving rise to the policy grievance.
11.40 The Employer and the Association shall normally reply to the grievance within sixty (60) days when the grievance is presented.
11.41 The Employer or the Association, as the case may be, may by written notice to the officer-in-charge withdraw a grievance.
11.42 Reference to adjudication
A party that presents a policy grievance may refer it to adjudication, in accordance with sections 221 and 222 of the Federal Public Sector Labour Relations Act.
12.01 Where, at the request of the Employer, an employee performs duties outside the public service the performance of which is not under the direction or control of the Employer the provisions of this agreement, except for Article 21 (severance pay), do not apply to her. Where the employment of such employee is terminated, her severance pay entitlement under Article 21 shall be reduced by the amount of any severance pay she receives from any employer outside the public service under whose direction and control she was performing her duties.
13.01 Normal workweek
13.02 Compressed workweek
14.01 The Employer and the Association agree that the following conditions shall apply to employees for whom variable hours of work schedules are approved pursuant to clause 13.02. This agreement is modified by these provisions to the extent specified herein.
14.02 It is agreed that the implementation of any such variation in hours shall not result in any additional expenditure or cost by reason only of such variation.
14.03 General terms
14.04 Specific application of this agreement
For greater certainty, the following provisions of this agreement shall be administered as provided herein:
“Daily rate of pay” shall not apply.
Overtime compensation referred to in clause 19.04 of this agreement shall only be applicable on a normal day for hours in excess of the employee’s daily scheduled hours of work.
The qualifying period for acting pay as specified in clause 48.04 shall be converted to hours.
15.01 Exclusion
The provisions of this article do not apply where an employee attends social engagements unless the employee has received prior authorization and is required to attend by the Employer.
15.02 General
15.03 Overtime compensation on a scheduled workday
Subject to clause 15.02, an employee who is required by the Employer to work overtime on a scheduled workday shall be granted compensation at time and one half (1 1/2) for each completed period of fifteen (15) minutes of overtime worked up to seven decimal five (7.5) consecutive hours of overtime and double (2) time for each completed period of fifteen (15) minutes thereafter.
15.04 Overtime compensation on a day of rest
15.05 Reporting pay
Subject to clause 15.02, an employee who is required by the Employer to report for duty and reports on a day of rest shall be paid the greater of:
15.06 The Employer shall endeavour to pay overtime compensation by the eighth (8th) week after which it is claimed.
15.07 Compensatory leave
15.08 Transportation expenses
15.09 Overtime meal allowance
**
15.10 Except in cases of emergency, call-back, standby or mutual agreement, the Employer shall, wherever possible, give adequate advance notice of any requirement for overtime.
16.01 Exclusion
An employee who receives a call to duty or responds to a telephone or data line call at any time outside of his or her scheduled hours of work, may, at the discretion of the Employer, work at the employee’s residence or at another place to which the Employer agrees. In such instances, the employee shall be paid the greater of:
16.02
provided that the period worked is not contiguous to their normal hours of work.
16.03 Except when required by the Employer to use a vehicle of the Employer for transportation to work location other than an employee’s normal place of work, time spent by the employee reporting to work or returning to her residence shall not constitute time worked.
17.01 Exclusion
An employee who is on standby and receives a call to duty or is required to respond to telephone calls or data line calls, may at the discretion of the Employer work at the employee’s residence or at another place to which the Employer agrees, and receive compensation for time worked in accordance with paragraph 17.05(b). In such instances, the employee shall not be entitled to compensation under subparagraph 17.05(a)(ii).
17.02 When the Employer requires an employee to be available on standby during off-duty hours an employee shall be compensated at the rate of one half (1/2) hour for each four (4) hour period or portion thereof for which he has been designated as being on standby duty.
**
17.03 An employee designated for standby duty shall be available during their period of standby at a known telephone number, email address and/or other method of communication and be able, as specified by the Employer:
17.04 No standby payment shall be granted if an employee is unable to report for duty in accordance with paragraph 17.03(a) when required, or is not available to respond in accordance with paragraph 17.03(b).
17.05
17.06 Except when required by the Employer to use a vehicle of the Employer for transportation to a work location other than an employee’s normal place of work, time spent by the employee reporting to work or returning to his residence shall not constitute time worked.
18.01 Exclusion
Clauses 18.05 and 18.06 do not apply where an employee attends social engagements unless the employee has received prior authorization and is required to attend by the Employer.
18.02 Subject to clause 18.03, the following days shall be designated paid holidays for employees:
18.03 Clause 18.02 does not apply to an employee who is absent without pay on both her normal working day immediately preceding and her normal working day immediately following the designated paid holiday.
18.04 Designated paid holiday falling on a day of rest
18.05 When a day designated as a paid holiday for an employee is moved to another day under the provisions of clause 18.04:
18.06 Compensation for work on a designated paid holiday
The compensation that the employee would have been granted had the employee not worked on a designated paid holiday is seven decimal five (7.5) hours remunerated at straight time.
**
18.07 Reporting pay
When an employee is required to physically report to the workplace on a designated paid holiday, they shall be paid the greater of:
An employee who is required to work on a designated holiday may, at the discretion of the Employer, work at the employee’s residence or at another place to which the Employer agrees. In such instances, the employee shall be paid compensation at the applicable overtime rate for any time worked.
18.08 Work performed on a designated paid holiday may be compensated in the equivalent leave with pay in accordance with clause 15.07.
18.09 Designated paid holiday coinciding with a day of paid leave
Where a day that is a designated paid holiday for an employee coincides with a day of leave with pay or is moved as a result of the application of 18.04, the holiday shall not count as a day of leave.
**
18.10 Where operational requirements permit, the Employer shall not schedule an employee to work both December 25 and January 1 in the same holiday season.
19.01 Subject to clause 37.05, travel compensation will be paid for travel in connection with postings, courses, training sessions, professional conferences and seminars if the employee is required to attend by the Employer.
19.02 Where an employee is required by the Employer to travel outside of his headquarters area and on government business, as these expressions are normally defined by the Employer, and such travel is approved and the means of travel determined by the Employer, he is entitled to be paid only in accordance with clause 19.04 (travelling time) shall include time necessarily spent at each stopover en route provided such stopover is not longer than three (3) hours.
19.03 For purposes of clause 19.04, the travel time to be paid is as follows:
19.04 Subject to clause 19.01, if an employee is required to travel as set forth in clauses 19.02 and 19.03:
19.05 Compensatory leave
Upon request of an employee and with the approval of the Employer, or at the request of the Employer and the concurrence of the employee, compensation at the overtime rate earned under this article may be granted in compensatory leave with pay and subject to clause 15.07 (compensatory leave).
19.06 Travel status leave
20.01 Part-time employees shall be entitled to the benefits provided under this agreement in the same proportion as their normal scheduled weekly hours of work compared with the normal weekly hours of work of full-time employees unless otherwise specified in this agreement.
20.02 Part-time employees shall be paid at the hourly rate of pay for all work performed up to thirty-seven decimal five (37.5) hours per week.
20.03 The days of rest provisions of this agreement apply only in a week when a part-time employee has worked five (5) days and thirty-seven decimal five (37.5) hours.
20.04 Leave will only be provided during those periods in which employees are scheduled to perform their duties.
**
20.05 Designated holidays
A part-time employee shall not be paid for the designated holidays but shall instead be paid a premium of four decimal six per cent (4.6%) for all straight-time hours worked during the period of part-time employment.
20.06 Notwithstanding clause 20.02, when a part-time employee is required to work on a day which is prescribed as a designated paid holiday for a full-time employee in Article 18 she shall be paid at time and one half (1 1/2) for each completed period of fifteen (15) minutes worked.
20.07 Call-back
When a part-time employee meets the requirements to receive call-back pay in accordance with clause 16.02 and is entitled to receive the minimum payment rather than pay for actual time worked, she shall be paid a minimum payment of four (4) hours’ pay at the straight-time hourly rate of pay.
20.08 Reporting pay
Subject to clause 20.03, when a part-time employee meets the requirements to receive a minimum payment rather than actual time worked as reporting pay on a day of rest, in accordance with paragraph 15.05(b), or is entitled to receive a minimum payment rather than pay for actual time worked during a period of standby, in accordance with subparagraph 17.05(a)(ii), she shall be paid a minimum payment of four (4) hours’ pay at the straight-time hourly rate of pay.
20.09 Vacation leave
A part-time employee shall earn vacation leave credits for each month in which she receives pay for at least twice (2) the number of hours in her normal workweek, at the rate for years of service established in clause 23.02, pro-rated and calculated as follows:
20.10 Sick leave
A part-time employee shall earn sick leave credits at the rate of one quarter (1/4) of the number of hours in her normal workweek for each calendar month in which she has received pay for at least twice (2) the number of hours in her normal workweek.
20.11 Vacation and sick leave administration
20.12 Severance pay
Notwithstanding the provisions of Article 21 (severance pay), where the period of continuous employment in respect of which severance benefit is to be paid consists of both full-time and part-time employment or varying levels of part-time employment, the benefit shall be calculated as follows: the period of continuous employment eligible for severance pay shall be established and the part-time portions shall be consolidated to equivalent full-time. The equivalent full-time period in completed years shall be multiplied by the full-time weekly rate of pay for the classification prescribed in the employee’s certificate of appointment of her substantive position on the date of the termination of her employment to produce the severance pay benefit.
20.13 Pay
A part-time employee shall be eligible to receive an in-range pay increase when she has worked a total of nineteen hundred and fifty (1,950) hours at the hourly rate of pay during a period of employment provided that the maximum rate for her level is not exceeded. The in-range pay increase date shall be the first (1st) working day following completion of the hours specified in this clause.
21.01 When calculating entitlements under this article, the weekly rate of pay referred to in this article shall be the weekly rate of pay to which the employee is entitled for his classification.
21.02 Under the following circumstances and subject to clause 21.03 an employee shall receive severance entitlements calculated on the basis of his weekly rate of pay:
21.03 The period of continuous employment used in the calculation of severance entitlements payable to an employee under this article shall be reduced by any period of continuous employment in respect of which he was already granted any type of termination benefit by the public service, a federal Crown corporation, the Canadian Forces or the Royal Canadian Mounted Police. Under no circumstances shall the maximum severance pay provided under this article be pyramided.
For greater certainty, payments in lieu of severance for the elimination of severance pay for voluntary separation (resignation and retirement) made pursuant to clauses 21.05 to 21.08 of Appendix B or similar provisions in other collective agreements shall be considered as a termination benefit for the administration of clause 21.03.
21.04 Appointment to a separate agency
An employee who resigns to accept an appointment with an organization listed in Schedule V of the Financial Administration Act shall be paid any outstanding payment in lieu of severance if applicable under Appendix “B.”
21.05 For employees who were subject to the payment in lieu of severance for the elimination of severance pay for voluntary separation (resignation and retirement) and who opted to defer their payment, the former provisions outlining the payment in lieu are found at Appendix “B.”
22.01
22.02 The amount of leave with pay earned but unused credited to an employee by the Employer at the time when this agreement is signed, or at the time when the employee becomes subject to this agreement, shall be retained by the employee.
22.03 Except as otherwise specified in this agreement, where leave without pay for a period in excess of three (3) months is granted to an employee for reasons other than illness, the total period of leave granted shall be deducted from “continuous employment” for the purpose of calculating severance pay and “service” for the purpose of calculating vacation leave.
22.04 In the event of termination of employment for reasons other than incapacity, death or layoff, the Employer shall recover from any monies owed the employee an amount equivalent to unearned vacation and sick leave taken by the employee, as calculated from the classification prescribed in the employee’s certificate of appointment on the date of the termination of the employee’s employment.
22.05 Leave credits will be earned on a basis of a day being equal to seven decimal five (7.5) hours.
22.06
**
22.07 An employee shall not earn or be granted leave credits under this agreement in any month (with regard to leave which is accrued monthly) nor in any fiscal year (with regard to leave which is granted each fiscal year) for which leave has already been credited or granted to them under the terms of any other collective agreement or under other rules or regulations applicable to organizations within the federal public administration, as specified in Schedule I, Schedule IV or Schedule V of the Financial Administration Act.
23.01 The vacation year shall be from April 1 to March 31 of the following calendar year, inclusive.
23.02 Accumulation of vacation leave
An employee who has earned at least seventy-five (75) hours’ regular pay during any calendar month of a vacation year shall earn vacation leave credits at the following rates in respect of that month:
23.03
23.04 Entitlement to leave
An employee is entitled to vacation leave to the extent of his earned credits but an employee who has completed six (6) months of continuous service is entitled to receive an advance of credits equivalent to the anticipated credits for the vacation year.
23.05 Scheduling of vacation leave
Vacation leave as far as possible will be scheduled at times acceptable to the employee. However, vacation periods shall be designated by the Employer in accordance with operational requirements.
23.06 Where, in respect of any period of vacation leave, an employee:
the period of vacation leave so displaced shall either be added to the vacation period if requested by the employee and approved by the Employer or reinstated for use at a later date.
23.07 Carry-over of vacation leave
23.08 Recall from vacation leave
Where, during any period of vacation leave, an employee is recalled to duty, he shall be reimbursed for reasonable expenses that he incurs:
after submitting such accounts as are normally required by the Employer.
23.09 The employee shall not be considered as being on vacation leave during any period in respect of which he is entitled under clause 23.08 to be reimbursed for reasonable expenses incurred by him.
23.10 Vacation leave when employment terminates
Where an employee dies or otherwise ceases to be employed, he or his estate shall be paid an amount equal to the product obtained by multiplying the number of hours of earned but unused vacation leave to his credit by the hourly rate of pay applicable to him immediately prior to the termination of his employment.
23.11 Notwithstanding clause 23.10, an employee whose employment is terminated for cause pursuant to paragraph 12(1)(d) or (e) of the Financial Administration Act by reason of abandonment of his position is entitled to receive the payment referred to in clause 23.10, if he requests it within a year less one (1) day following the date upon which his employment is terminated.
23.12 Cancellation or alteration of vacation leave
When the Employer cancels or alters a period of vacation leave which it has previously approved in writing, the Employer shall reimburse the employee for the non-returnable portion of vacation contracts and reservations made by him in respect of that period, subject to the presentation of such documentation as the Employer may require. The employee must make every reasonable attempt to mitigate any losses incurred.
23.13 Where the employee requests, the Employer shall grant the employee his or her unused vacation leave credits prior to termination of employment if this will enable the employee, for purposes of severance pay, to complete the first (1st) year of continuous employment in the case of layoff, and the tenth (10th) year of continuous employment in the case of resignation.
23.14
23.15
24.01 Credits
An employee shall earn sick leave credits at the rate of nine decimal three seven five (9.375) hours for each calendar month for which she receives pay for at least seventy-five (75) hours.
24.02 Granting of sick leave
An employee is eligible for sick leave with pay when she is unable to perform her duties because of illness or injury provided that:
24.03 An employee shall not be granted sick leave with pay during any period in which she is on leave without pay, or under suspension.
24.04 When an employee is granted sick leave with pay and injury-on-duty leave is subsequently approved for the same period, it shall be considered, for the purpose of the record of sick leave credits, that she was not granted sick leave with pay.
24.05 Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provision of clause 24.02 above, sick leave with pay may, at the discretion of the Employer, be granted to an employee for a period of up to one hundred and eighty-seven decimal five (187.5) hours, subject to the deduction of such advanced leave from any sick leave credits subsequently earned and, in the event of termination of employment for other than death or layoff, the recovery of the advance from any monies owed the employee.
24.06 Sick leave credits earned but unused by an employee during a previous period of employment in the public service shall be restored to an employee whose employment was terminated by reason of layoff and who was reappointed in the public service.
24.07 The Employer agrees that an employee shall not be terminated for cause for reasons of incapacity pursuant to paragraph 12(1)(e) of the Financial Administration Act at a date earlier than the date at which the employee will have utilized his accumulated sick leave credits, except where the incapacity is the result of an injury or illness for which injury-on-duty leave has been granted pursuant to Article 25.
24.08 Where, in respect of any period of compensatory leave, an employee is granted sick leave with pay on production of a medical certificate, the period of compensatory leave so displaced shall either be added to the compensatory leave period if requested by her and approved by the Employer or reinstated for use at a later date.
24.09 The sick leave provisions of this agreement will be amended by mutual consent to address a new Employee Wellness Plan, when an agreement is reached between the parties.
25.01 An employee shall be granted injury-on-duty leave with pay for such period as may be reasonably determined by the Employer when a claim has been made pursuant to the Government Employees Compensation Act and a workers’ compensation authority has notified the Employer that it has certified that employee is unable to work because of:
if the employee agrees to remit to the Receiver General for Canada any amount received by him or her in compensation for loss of pay resulting from or in respect of such injury, illness or disease providing, however, that such amount does not stem from a personal disability policy for which the employee or the employee’s agent has paid the premium.
26.01 Maternity leave without pay
the period of maternity leave without pay defined in paragraph (a) may be extended beyond the date falling eighteen (18) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child’s hospitalization during which the employee was not on maternity leave, to a maximum of eighteen (18) weeks.
26.02 Maternity allowance
26.03 Special maternity allowance for totally disabled employees
26.04 Transitional provisions
If, on the date of signature of the memorandum of agreement modifying the provisions of this article, an employee is currently on maternity leave without pay or has requested a period of maternity leave but has not commenced the leave, she shall upon request be entitled to the provisions of this article. Any application must be received before the termination date of the leave period originally requested.
27.01 Parental leave without pay
beginning on the day on which the child is born or the day on which the child comes into the employee’s care.
beginning on the day on which the child comes into the employee’s care.
the period of parental leave without pay specified in the original leave request may be extended by a period equal to that portion of the period of the child’s hospitalization while the employee was not on parental leave. However, the extension shall end not later than one hundred and four (104) weeks after the day on which the child comes into the employee’s care.
27.02 Parental allowance
Under the Employment Insurance (EI) benefits plan, parental allowance is payable under two options either:
Once an employee opts for standard or extended parental benefits and the weekly benefit top-up allowance is set, the decision is irrevocable and shall not be changed should the employee opt to return to work at an earlier date than that originally scheduled.
Under the Québec Parental Insurance Plan (QPIP), parental allowance is payable only under Option 1: standard parental benefits.
27.03 Special parental allowance for totally disabled employees
shall be paid, in respect of each week of benefits under the standard parental allowance as specified under paragraphs 27.02(c) to (k) not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93%) of the employee’s rate of pay and the gross amount of their weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.
27.04 Transitional provisions
If, on the date of signature of the memorandum of agreement modifying the provisions of this article, an employee is currently on parental leave without pay or has requested a period of such leave without pay but has not commenced the leave, he or she shall upon request be entitled to the provisions of this article. Any application must be received before the termination date of the leave period originally requested.
28.01 Both parties recognize the importance of access to leave for the purpose of care for the immediate family.
28.02 For the purpose of this article, family is defined as spouse (or common-law partner), children (including foster children or children of legal or common-law partner), ward of the employee, parents (including step-parents or foster parents), brother, sister, stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, daughter-in-law, grandchild, the employee’s grandparents, any relative permanently residing in the employee’s household or with whom the employee permanently resides, or a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee.
28.03 Subject to clause 28.02, an employee shall be granted leave without pay for the care of family in accordance with the following conditions:
28.04 Caregiving leave
28.05 An employee who has proceeded on leave without pay may change his or her return-to-work date if such change does not result in additional costs to the Employer.
29.01 For the purpose of this article, family is defined as spouse (or common-law partner), children (including children of legal or common-law partner), foster children, ward of the employee, parents (including step-parents or foster parents), parents of spouse or common-law partner, brother, sister, stepbrother, stepsister, grandparents of the employee, grandchild, any relative permanently residing in the employee’s household or with whom the employee permanently resides, any relative for whom the employee has a duty of care, irrespective of whether they reside with the employee, or a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee.
29.02 The total leave with pay which may be granted under this article shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year.
29.03 Subject to clause 29.02, an employee shall be granted leave with pay under the following circumstances:
29.04 Where, in respect of any period of compensatory leave, an employee is granted leave with pay for illness in the family under paragraph 29.03(b) above, on production of a medical certificate, the period of compensatory leave so displaced shall either be added to the compensatory leave period if requested by the employee and approved by the Employer or reinstated for use at a later date.
30.01 Leave without pay will be granted for personal needs in the following manner:
31.01 At the request of an employee, leave without pay for a period of up to one (1) year shall be granted to an employee whose spouse is permanently relocated and up to five (5) years to an employee whose spouse is temporarily relocated.
32.01 For the purpose of this article, immediate family is defined as father, mother (or, alternatively, stepfather, stepmother, or foster parent), brother, sister, stepbrother, stepsister, spouse (including common-law partner), child (including child of common-law partner), stepchild, foster child or ward of the employee, grandchild, grandparent, father-in-law, mother-in-law, son-in-law, daughter-in-law, relative permanently residing in the employee’s household or with whom the employee permanently resides or, subject to clause 32.05, a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee.
32.02 An employee is entitled to one (1) day’s bereavement leave with pay for the purpose related to the death of his or her aunt or uncle, brother-in-law or sister-in-law, and grandparents of the spouse.
32.03 If, during a period of sick leave, vacation leave or compensatory leave, an employee is bereaved in circumstances under which he would have been eligible for bereavement leave with pay under clauses 32.01 or 32.02, he shall be granted bereavement leave with pay and his sick leave, vacation leave or compensatory leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.
32.04 It is recognized by the parties that the circumstances which call for leave in respect of bereavement are based on individual circumstances. On request, the deputy head of the department may, after considering the particular circumstances involved, grant leave with pay for a period greater than that provided for in clauses 32.01 and 32.02.
32.05 An employee shall be entitled to bereavement leave with pay for a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee only once in their career in the federal public administration.
33.01 For the purpose of this article, domestic violence is considered to be any form of abuse or neglect that an employee or an employee’s child experiences from someone with whom the employee has or had an intimate relationship.
33.02 The parties recognize that employees may be subject to domestic violence in their personal life that could affect their attendance at work.
33.03 Upon request, an employee who is subject to domestic violence or who is the parent of a dependent child who is subject to domestic violence from someone with whom the employee has or had an intimate relationship shall be granted domestic violence leave in order to enable the employee, in respect of such violence:
33.04 The total domestic violence leave with pay which may be granted under this article shall not exceed seventy-five (75) hours in a fiscal year.
33.05 The Employer may, in writing and no later than fifteen (15) days after an employee’s return to work, request the employee to provide documentation to support the reasons for the leave. The employee shall provide that documentation only if it is reasonably practicable for them to obtain and provide it.
33.06 Notwithstanding clauses 33.03 and 33.04, an employee is not entitled to domestic violence leave if the employee is charged with an offence related to that act or if it is probable, considering the circumstances, that the employee committed that act.
34.01 The Employer shall grant leave with pay to an employee for the period of time she is required:
35.01 Where an employee participates in a personnel selection process, including the appeal process where applicable, for a position in the public service, as specified in Schedules I and IV of the Financial Administration Act, he is entitled to leave with pay for the period during which his presence is required for purposes of the selection process, and for such further period as the Employer considers reasonable for him to travel to and from the place where his presence is so required.
**
36.01 Subject to operational and budgetary constraints as determined by the Employer, an employee may be granted educational leave without pay for varying periods of up to one (1) year, renewable by mutual agreement, to attend a recognized institution for additional or special study in an academic discipline, or for a program of special study, directly related to the interests of the foreign service of Canada, or to a service which the Employer requires or is planning to provide.
36.02 An employee on such educational leave without pay may receive an educational leave allowance in lieu of salary of up to one hundred per cent (100%) of her basic salary provided that, where she receives a grant, bursary or scholarship, the educational leave allowance may be reduced. In such cases, the amount of the reduction shall not exceed the amount of the grant, bursary or scholarship.
36.03 Any allowance already being received by the employee and not part of her basic salary shall not be used in the calculation of the allowance for educational leave without pay.
36.04 Allowances already being received by the employee may, at the discretion of the Employer, be continued during the period of educational leave without pay and the employee shall be notified when the leave is approved whether such allowances are to be continued in whole or in part.
36.05 As a condition to the granting of educational leave without pay an employee shall, if required, give a written undertaking prior to commencement of leave to return to the service of the Employer for a period of not less than the period of the leave granted.
**
36.06 Should the employee fail for reasons within their control to complete the course or the program of special study or to resume their employment with the Employer following completion of the course, or cease to be employed, except by reason of death , layoff or incapacity, before termination of the period they have undertaken to serve after completion of educational leave, the employee shall repay the Employer the allowances paid to them during the educational leave, or such lesser sum as shall be determined by the Employer.
37.01 An employee shall have the opportunity, subject to operational requirements and budgetary constraints as determined by the Employer, to attend a reasonable number of conferences or conventions related to his field of specialization in order to benefit from an exchange of knowledge and experience with his professional colleagues. The Employer may grant leave with pay and reasonable expenses, including registration fees, to attend such gatherings.
37.02 An employee who attends a conference or convention at the request of the Employer to represent the interests of the Employer shall be deemed to be on duty and, as required, in travel status.
37.03 An employee invited to participate in a conference or convention in an official capacity such as to present a formal address or to give a course related to his field of employment, may be granted leave with pay for this purpose and may, in addition, be reimbursed for his payment of registration fees and reasonable travel expenses.
37.04 An employee shall not be entitled to any compensation under Article 15 (overtime) in respect of hours he is in attendance at a conference or convention under the provisions of this article.
36.05 Compensation shall not be paid under Article 19 (travelling time) in respect of hours travelling to or from a conference or convention under the provisions of this article, unless the employee is required to attend by the Employer.
38.01 Because the parties to this agreement share a desire to improve the quality of the career foreign service and to maintain and enhance the professional standards of Foreign Service Officers, employees may be given the opportunity on occasion:
38.02 An employee may apply at any time for professional development under this article, and the Employer may select an employee at any time for professional development. When an employee is selected for professional development, the Employer will consult with her before determining the location and duration of the program of work or studies to be undertaken.
38.03 An employee selected for professional development will continue to receive her normal compensation including any increase for which she may become eligible. She shall not be entitled to any compensation under Articles 15 (overtime) and 19 (travel) while on professional development under this article.
38.04 An employee on professional development under this article may be reimbursed for reasonable travel expenses and such other additional expenses as the Employer deems appropriate.
39.01 Leave with pay to write examinations may be granted by the Employer to an employee who is not on educational leave. Such leave will be granted only where, in the opinion of the Employer, the course of study is directly related to the employee’s duties or will improve his qualifications.
40.01 At its discretion, the Employer may grant
**
40.02 Personal leave
Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, a single period of up to fifteen (15) hours or four (4) periods of up to three decimal seven five (3.75) hours each of leave with pay for reasons of a personal nature.
The leave will be scheduled at times convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leaves at such times as the employee may request.
41.01 Subject to operational requirements as determined by the Employer, fifteen (15) hours of leave with pay and twenty-two decimal five (22.5) hours of leave without pay per fiscal year shall be granted to an employee who self-declares as an Indigenous person and who requests leave to engage in traditional Indigenous practices, including land-based activities such as hunting, fishing, and harvesting.
For the purposes of this article, an Indigenous person means First Nations, Inuit or Métis.
41.02 Unless otherwise informed by the Employer, a statement signed by the employee stating that they meet the conditions of this article shall, when delivered to the Employer, be considered as meeting the requirements of this article.
41.03 An employee who intends to request leave under this article must give notice to the Employer as far in advance as possible before the requested period of leave.
41.04 Leave under this article may be taken in one or more periods. Each period of leave shall not be less than seven decimal five (7.5) hours.
42.01 The terms and conditions of employment of an employee who is subject to the Foreign Service Directives are those contained in this agreement, unless they are less favourable to the employee than those contained in the Foreign Service Directives in which case the latter applies.
42.02 Agreements concluded by the National Joint Council of the public service on items which may be included in a collective agreement, and which the parties to this agreement have endorsed after December 6, 1978, and as amended from time to time, will form part of this agreement, subject to the Federal Public Sector Labour Relations Act (FPSLRA) and any legislation by Parliament that has been or may be, as the case may be, established pursuant to any act specified section 113 of the FPSLRA.
42.03 The NJC items which may be included in a collective agreement are those items which parties to the NJC agreement have designated as such or upon which the Chairman of the Federal Public Sector Labour Relations and Employment Board has made a ruling pursuant to paragraph (c) of the NJC Memorandum of Understanding which became effective December 6, 1978, as amended from time to time.
42.04 Upon request of an employee, the Employer shall make available at a mutually satisfactory time National Joint Council agreements which form part of this collective agreement and which have a direct bearing on the requesting employee’s terms and conditions of employment.
42.05 All directives, policies and regulations, which the Association has opted to take part in through provisions set out in the by-laws of the National Joint Council or memoranda of understanding, as amended from time to time, shall form part of this agreement. These directives, policies and regulations shall be accessible at https://www.njc-cnm.gc.ca.
42.06 Grievances in regard to the National Joint Council directives, policies and regulations shall be filed in accordance with clause 11.01 of the article on grievance procedure in this agreement.
**
43.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practised with respect to an employee by reason of age, race, creed, colour, national or ethnic origin, religious affiliation, sex, sexual orientation, gender identity and expression, family status, marital status, genetic characteristics, disability, conviction for which a pardon has been granted or in respect of which a record suspension has been ordered, or membership or activity in the Association.
43.02
43.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with discrimination. The selection of the mediator will be by mutual agreement.
44.01 The Association and the Employer recognize the right of employees to work in an environment free from sexual harassment and agree that sexual harassment will not be tolerated in the workplace.
44.02
44.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with sexual harassment. The selection of the mediator will be by mutual agreement.
45.01 The Employer shall reimburse an employee for his payment of membership or other fees to a professional organization or organizations when the payment of such fees is necessary to maintain a professional qualification required by the Employer for the performance of any duties and/or responsibilities assigned.
46.01 Subject to the willingness and capacity of individual employees to accept relocation and retraining, the Employer will make every reasonable effort to ensure that any reduction in the workforce will be accomplished through attrition.
47.01 If employees are prevented from performing their duties because of a strike or lockout on the premises of another Employer, the employees shall report the matter to the Employer, and the Employer will make reasonable efforts to ensure that such employees are employed elsewhere, so that they shall receive their regular pay and benefits to which they would normally be entitled.
48.01 Except as provided in this article, the existing terms and conditions governing the application of pay to employees, where applicable, are not affected by this agreement.
48.02 An employee is entitled to be paid, for services rendered, within the pay range specified in Appendix “A” for the level prescribed in his certificate of appointment issued by or under the authority of the Public Service Commission.
48.03 Pay ranges
48.04 Acting pay
An employee who is required by the Employer to substantially perform and performs the duties of a position which is classified at a higher classification level on an acting basis for a period of three (3) consecutive working days shall be paid acting pay calculated from the date on which he commenced to act as if he had been appointed to that higher classification level for the period he acts.
When an acting assignment is in an Executive (EX) position, the employee is excluded from the application of Article 15 (overtime) for the period where the employee is subject to the Performance Management Program for Executives. For greater certainty, an employee receiving payments provided under Article 15 (overtime), shall not be subject to the Performance Management Program for Executives for the same time period.
When a day designated as a paid holiday occurs during the qualifying period, the holiday shall be considered as a day worked for the purpose of the qualifying period.
48.05 No additional payments
An employee receiving payments provided under Article 15 (overtime), Article 16 (call-back pay), Article 17 (standby), Article 18 (designated paid holidays) shall not receive more than one compensation for the same service.
48.06 If, during the term of this agreement, a new classification standard for a group is established and implemented by the Employer, the Employer shall, before applying rates of pay to new levels resulting from the application of the standard, negotiate with the Association the rates of pay and the rules affecting the pay of employees on their movement to the new levels.
48.07 Statement of duties
Upon a written request, an employee shall be entitled to an official statement of the duties and responsibilities of the position to which the employee is assigned, including the position’s classification level and where applicable, the point rating allotted by factor to the position, and an organization chart depicting the position’s place in the organization.
48.08 Overpayment
Where an employee, through no fault of his or her own, has been overpaid, the appropriate pay office will, before recovery action is implemented, advise the employee of the intention to recover the overpayment. Where the amount of overpayment is in excess of fifty dollars ($50), and where the employee advises his or her local management that the stated recovery action will create a hardship, arrangements will be made by the Employer with the appropriate pay office to limit recovery action to not more than ten per cent (10%) of the employee’s pay each pay period until the entire amount is recovered.
49.01 This agreement may be amended by mutual consent.
**
50.01 The duration of this agreement shall be from the date it is signed to June 30, 2026.
50.02 Unless otherwise expressly stipulated, this agreement shall become effective on the date it is signed.
51.01 The Employer shall make every reasonable effort to accommodate an employee who requests time off to fulfill his or her religious obligations.
51.02 Employees may, in accordance with the provisions of this agreement, request annual leave, compensatory leave, leave without pay for other reasons in order to fulfill their religious obligations.
51.03 Notwithstanding clause 51.02, at the request of the employee and at the discretion of the Employer, time off with pay may be granted to the employee in order to fulfill his or her religious obligations. The number of hours with pay so granted must be made up hour for hour within a period of six (6) months, at times agreed to by the Employer. Hours worked as a result of time off granted under this clause shall not be compensated nor should they result in any additional payments by the Employer.
51.04 An employee who intends to request leave or time off under this article must give notice to the Employer as far in advance as possible but no later than four (4) weeks before the requested period of absence.
**
52.01 Up to three decimal seven five (3.75) hours with pay will be granted to pregnant employees for the purpose of attending each routine medical appointment.
52.02 Where a series of continuing appointments are necessary for the treatment of a particular condition relating to the pregnancy, absences shall be charged to sick leave.
53.01 An employee who is pregnant or nursing may, during the period from the beginning of pregnancy to the end of the twenty-fourth (24th) week following the birth, request the Employer to modify her job functions or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of her current functions may pose a risk to her health or that of the fetus or child.
53.02 An employee’s request under clause 53.01 must be accompanied or followed as soon as possible by a medical certificate indicating the expected duration of the potential risk and the activities or conditions to avoid in order to eliminate the risk. Dependent upon the particular circumstances of the request, the Employer may obtain an independent medical opinion.
53.03 An employee who has made a request under clause 53.01 is entitled to continue in her current job while the Employer examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to be immediately assigned alternative duties until such time as the Employer:
53.04 Where reasonably practicable, the Employer shall modify the employee’s job functions or reassign her.
53.05 Where the Employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the Employer shall so inform the employee in writing and shall grant leave of absence without pay to the employee for the duration of the risk as indicated in the medical certificate. However, such leave shall end no later than twenty-four (24) weeks after the birth.
53.06 An employee whose job functions have been modified, who has been reassigned or who is on leave of absence shall give at least two (2) weeks’ notice in writing to the Employer of any change in duration of the risk or the inability as indicated in the medical certificate, except if there is a valid reason why that notice cannot be given. Such notice must be accompanied by a new medical certificate.
Signed at Ottawa, this 30th day of June 2023.
The Treasury Board of Canada
Marie-Chantal Girard
Daniel Cyr
Micca Hart
Claudia Biasolo
Stéphanie Dusablon
Ebony Morris
Sylvain de Cotret
Mélanie Bernard
Jean-Paul Lemieux
The Professional Association of Foreign Service Officers
Pamela Isfeld
Paul Raven
William Dunlop
Bertrand Myre
Effective date | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 | Step 6 |
---|---|---|---|---|---|---|
$) July 1, 2021 | 72,292 | 75,182 | 78,190 | 81,318 | 84,570 | 87,954 |
A) July 1, 2022 | 74,822 | 77,813 | 80,927 | 84,164 | 87,530 | 91,032 |
X) July 1, 2022 – Wage adjustment | 75,757 | 78,786 | 81,939 | 85,216 | 88,624 | 92,170 |
B) July 1, 2023 | 78,030 | 81,150 | 84,397 | 87,772 | 91,283 | 94,935 |
Y) July 1, 2023 - Pay line adjustment | 78,420 | 81,556 | 84,819 | 88,211 | 91,739 | 95,410 |
C) July 1, 2024 | 79,988 | 83,187 | 86,515 | 89,975 | 93,574 | 97,318 |
Z) July 1, 2024 – Wage adjustment | 80,188 | 83,395 | 86,731 | 90,200 | 93,808 | 97,561 |
D) July 1, 2025 | 81,792 | 85,063 | 88,466 | 92,004 | 95,684 | 99,512 |
Effective date | Step 7 |
---|---|
$) July 1, 2021 | 91,472 |
A) July 1, 2022 | 94,674 |
X) July 1, 2022 – Wage adjustment | 95,857 |
B) July 1, 2023 | 98,733 |
Y) July 1, 2023 - Pay line adjustment | 99,227 |
C) July 1, 2024 | 101,212 |
Z) July 1, 2024 – Wage adjustment | 101,465 |
D) July 1, 2025 | 103,494 |
Effective date | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 | Step 6 |
---|---|---|---|---|---|---|
$) July 1, 2021 | 81,709 | 85,386 | 89,228 | 93,242 | 97,440 | 101,824 |
A) July 1, 2022 | 84,569 | 88,375 | 92,351 | 96,505 | 100,850 | 105,388 |
X) July 1, 2022 – Wage adjustment | 85,626 | 89,480 | 93,505 | 97,711 | 102,111 | 106,705 |
B) July 1, 2023 | 88,195 | 92,164 | 96,310 | 100,642 | 105,174 | 109,906 |
Y) July 1, 2023 - Pay line adjustment | 88,636 | 92,625 | 96,792 | 101,145 | 105,700 | 110,456 |
C) July 1, 2024 | 90,409 | 94,478 | 98,728 | 103,168 | 107,814 | 112,665 |
Z) July 1, 2024 – Wage adjustment | 90,635 | 94,714 | 98,975 | 103,426 | 108,084 | 112,947 |
D) July 1, 2025 | 92,448 | 96,608 | 100,955 | 105,495 | 110,246 | 115,206 |
Effective date | Step 7 | Step 8 |
---|---|---|
$) July 1, 2021 | 106,404 | 113,996 |
A) July 1, 2022 | 110,128 | 117,986 |
X) July 1, 2022 – Wage adjustment | 111,505 | 119,461 |
B) July 1, 2023 | 114,850 | 123,045 |
Y) July 1, 2023 - Pay line adjustment | 115,424 | 123,660 |
C) July 1, 2024 | 117,732 | 126,133 |
Z) July 1, 2024 – Wage adjustment | 118,026 | 126,448 |
D) July 1, 2025 | 120,387 | 128,977 |
Effective date | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 |
---|---|---|---|---|---|
$) July 1, 2021 | 98,435 | 102,369 | 106,467 | 110,724 | 115,155 |
A) July 1, 2022 | 101,880 | 105,952 | 110,193 | 114,599 | 119,185 |
X) July 1, 2022 – Wage adjustment | 103,154 | 107,276 | 111,570 | 116,031 | 120,675 |
B) July 1, 2023 | 106,249 | 110,494 | 114,917 | 119,512 | 124,295 |
Y) July 1, 2023 - Pay line adjustment | 106,780 | 111,046 | 115,492 | 120,110 | 124,916 |
C) July 1, 2024 | 108,916 | 113,267 | 117,802 | 122,512 | 127,414 |
Z) July 1, 2024 – Wage adjustment | 109,188 | 113,550 | 118,097 | 122,818 | 127,733 |
D) July 1, 2025 | 111,372 | 115,821 | 120,459 | 125,274 | 130,288 |
Effective date | Step 6 | Step 7 |
---|---|---|
$) July 1, 2021 | 119,760 | 127,043 |
A) July 1, 2022 | 123,952 | 131,490 |
X) July 1, 2022 – Wage adjustment | 125,501 | 133,134 |
B) July 1, 2023 | 129,266 | 137,128 |
Y) July 1, 2023 - Pay line adjustment | 129,912 | 137,814 |
C) July 1, 2024 | 132,510 | 140,570 |
Z) July 1, 2024 – Wage adjustment | 132,841 | 140,921 |
D) July 1, 2025 | 135,498 | 143,739 |
Effective date | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 |
---|---|---|---|---|---|
$) July 1, 2021 | 119,760 | 124,552 | 129,533 | 134,712 | 143,591 |
A) July 1, 2022 | 123,952 | 128,911 | 134,067 | 139,427 | 148,617 |
X) July 1, 2022 – Wage adjustment | 125,501 | 130,522 | 135,743 | 141,170 | 150,475 |
B) July 1, 2023 | 129,266 | 134,438 | 139,815 | 145,405 | 154,989 |
Y) July 1, 2023 - Pay line adjustment | 129,912 | 135,110 | 140,514 | 146,132 | 155,764 |
C) July 1, 2024 | 132,510 | 137,812 | 143,324 | 149,055 | 158,879 |
Z) July 1, 2024 – Wage adjustment | 132,841 | 138,157 | 143,682 | 149,428 | 159,276 |
D) July 1, 2025 | 135,498 | 140,920 | 146,556 | 152,417 | 162,462 |
Rates of pay will be adjusted within 180 days of signature of the collective agreement. Changes to rates of pay with an effective date prior to the salary adjustment date will be paid according to Appendix “C,” as a lump-sum payment. In particular:
An employee being paid in the FS-01 level scale of rates, shall, on the relevant effective date in Appendix “A,” be paid in the A, X, B, Y, C, Z and D rate of pay shown immediately below the employee’s former rate of pay.
An employee being paid in the FS-02 to FS-04 levels scale of rates, shall, on the relevant effective date in Appendix “A,” be paid in the A, X, B, Y, C, Z and D rate of pay shown immediately below the employee’s former rate of pay.
Effective August 1 of each year, a full-time employee shall receive an in-range pay increment provided they have received pay for at least six (6) full months in the previous twelve (12) months.
This appendix is to reflect the language agreed to by the Employer and the Professional Association of Foreign Service Officers for the elimination of severance pay for voluntary separation (resignation and retirement) on December 4, 2013. These historical provisions are being reproduced to reflect the agreed upon language in cases of deferred payment.
Article 20: severance pay
20.01 When calculating entitlements under this article, the weekly rate of pay referred to in this article shall be the weekly rate of pay to which the employee is entitled for his classification.
Effective on December 4, 2013, paragraphs 20.02(c) and (d) are deleted from the collective agreement.
20.02 Under the following circumstances and subject to clause 20.03 an employee shall receive severance entitlements calculated on the basis of his weekly rate of pay:
20.03 The period of continuous employment used in the calculation of severance entitlements payable to an employee under this article shall be reduced by any period of continuous employment in respect of which he was already granted any type of termination benefit by the public service, a federal Crown corporation, the Canadian Forces or the Royal Canadian Mounted Police. Under no circumstances shall the maximum severance pay provided under this article be pyramided.
For greater certainty, payments made pursuant to clauses 20.05 to 20.08 or similar provisions in other collective agreements shall be considered as a termination benefit for the administration of clause 20.03.
20.04 Appointment to a separate agency
An employee who resigns to accept an appointment with an organization listed in Schedule V of the Financial Administration Act shall be paid all severance payments resulting from the application of paragraph 20.02(c) (prior to December 4, 2013) or clauses 20.05 to 20.08 (commencing on December 4, 2013).
20.05 Severance termination
20.06 Options
The amount to which an employee is entitled shall be paid, at the employee’s discretion, either:
20.07 Selection of option
20.08 Appointment from a different bargaining unit
This clause applies in a situation where an employee is appointed into a position in the FS bargaining unit from a position outside the FS bargaining unit where, at the date of appointment, provisions similar to those in paragraphs 20.02(c) and (d) are still in force, unless the appointment is only on an acting basis.
This memorandum is to give effect to an agreement reached between the Employer and the Professional Association of Foreign Service Officers (the Association) regarding consultation on the shipment of temperature-controlled medication to employees posted abroad.
Both parties recognize the challenge faced by employees of numerous bargaining units who are posted abroad and who require temperature-controlled medication which is not available locally. This memorandum will confirm the Employer’s commitment to continue consultation on this issue with a view to identifying a viable solution within existing frameworks including the Occupational Health and Safety Committee and the Labour Management Consultation Committee, with bargaining agents, including the Association.
This memorandum of understanding expires on June 30, 2026.
The purpose of this memorandum of understanding (MOU) is to confirm the parties’ commitment to ongoing collaboration with regards to the identification of human resources (HR) and pay administration simplification solutions. The parties recognize that this exercise, may extend beyond the conclusion of negotiations for the current collective agreement.
Given the parties’ shared commitment to these ongoing efforts, they may, by mutual consent, avail themselves of article 49 should a revision be necessary to support one (1) or more solutions.
Efforts to identify human resources (HR) and pay administration simplification solutions will continue to focus on topics including but not limited to:
This MOU expires on June 30, 2026, or upon implementation of the Next Generation HR and pay system, whichever comes first, unless otherwise agreed by the parties.