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HSAS & Canadian Blood Services: March 1, 2017 to March 31, 2022

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ARTICLE 20 – LEAVES OF ABSENCE

20.01     General Policies Governing Leaves of Absence

(a)     Except where otherwise stated, leaves of absence, are available to regular full time and regular part-time employees only.

(b)     Leaves of absence for part-time shall be limited to their posted scheduled hours of work.

(c)     A leave of absence without pay shall be granted to an Employee where the regular operations of the Centre are not unreasonably disrupted.

(d)     Unless otherwise stated in this article, with the exception of bereavement leave, all applications for leave of absence shall be made in writing to the Employer, where possible three (3) weeks in advance, except in extenuating circumstances, in order that staff substitution may be arranged. The Employer shall respond to the request for a leave of absence within seven (7) calendar days of the request by the Employee. Applications shall indicate the date of departure on leave of absence and the date of return.

(e)     (i)     In the case of leaves of absence without pay of more than one (1) month’s duration, Employees may make prior arrangements for the payment of the full premium (Employer’s and Employee’s share) for a maximum of six months of those insured benefit plans specified in Article 19 in which they are currently participating. Contributions of the employer and the employee to the Pension Plan during the period of the leave shall be in accordance with the rules and regulations of the Plan.

(ii)     In the case of leave of absence without pay of one (1) month or less, regular premium deductions for insured benefits specified in Article 19 shall be made by the Employer from the Employee’s last pay cheque or from the first pay cheque of the Employee after return from such absence. The Employee will continue to contribute to the Pension Plan for the first month.

(f)     In the case of leaves of absence without pay in excess of one (1) month, Employees shall cease to accrue sick leave, annual vacation, service, and seniority credits for pension purposes. The Employee’s anniversary increment date shall also be adjusted by the same amount of time as the leave of absence.

(g)     Employees shall not be entitled to Paid Holidays with pay which may fall during any period of leave of absence without pay.

(h)     All Employees shall have the right to access statutory leaves of absence subject to the Saskatchewan Employment Act and as otherwise stated in Article 20 and within the Collective Agreement.

20.02     Bereavement Leave

(a)     Paid bereavement leave of five (5) working days shall be granted (not accrued or earned but simply granted) and specifically granted in the event of the death of a member of the Employee’s family, i.e., children, parents, brothers, sisters, spouse (which includes common-law or same gender relationships, publicly maintained for a period of at least one (1) year), and fiancée. Step-parents, step- children, step-brothers and step-sisters, mother- in-law, father-in-law, daughter-in-law, son-in-law, guardian, grandparents, or grandchildren, shall be considered as members of the Employee’s family.

(b)     At the time of death of an employee’s aunt, uncle, niece, nephew, sister-in-law, and brother-in-law up to one (1) working day limited to seven and one-half (7.5) hours to attend the funeral.

(c)     Bereavement leave in the above shall be extended by two (2) additional working days where travel in excess of three hundred and twenty (320) kilometers one (1) way from the Employee’s residence is necessary.

(d)     The pay entitlement of regular part-time Employees for authorized bereavement leave shall be as provided in Article 20.01 (a) and (b), but shall be limited to their posted scheduled hours of work.

(e)     Notwithstanding the provisions of Article 20.01, where special circumstances exist, an Employee may request that Bereavement Leave be divided into two (2) periods. Such request is subject to the approval of the Employer. In no circumstances, however, shall an Employee be eligible for more days off with pay than they would have been eligible to receive had the Bereavement Leave been taken in one (1) undivided period.

20.03     Wedding Leave

Wedding leave of up to three (3) consecutive days of absence with pay shall be granted to the Employee for their wedding and shall be taken immediately prior to or after the wedding. This may be added to any period of annual leave available or may be taken separately.

20.04     Serious Illness Leave

(a)     For the purpose of attending to a serious illness of an immediate family member for whom they have a reasonable expectation of a duty of care, namely spouse (including common- law relationships that have been maintained for a period of at least one year and equivalent same-gender relationships), child or parent, a regular full time or regular part time Employee may be granted a maximum of four (4) days without loss of regular pay per fiscal year. Serious illness shall mean illness involving hospitalization or any illness that a medical doctor certifies to be critical. The Employee shall provide proof of illness if requested.

(b)     Where a regular full time or regular part time Employee is unable to arrange for the care of a child who is sick but not seriously ill, the Employee may, at the supervisor’s/manager’s discretion, be granted sick leave from their existing sick leave credits for the purpose of caring for the child. The maximum allowable usage of sick leave credits for this purpose is three (3) days in any fiscal year.

(c)     An employee may be required to submit satisfactory proof to the Employer demonstrating the need for Special Leave.

20.05     Compassionate Care Leave

An employee with a qualified relative in the end-stage of life shall be entitled to leave of absence without pay in accordance with Section 2-56 of the Saskatchewan Employment Act.

20.06     Maternity Leave

A pregnant Employee shall be granted unpaid pregnancy leave of up to 18 weeks, in accordance with the following and may be entitled to Parental leave according to Article 20.07:

(a)     The Employee shall endeavor to give four (4) weeks written notice, detailing when she will begin the maternity leave and when she will return. Such Employee may be requested to provide a medical certificate specifying the estimated date of delivery.

(b)     Maternity leave shall begin no sooner than twelve (12) weeks preceding the expected date of delivery and no later than the date of delivery.

(c)     A pregnant Employee whose continued employment in her position may be hazardous to herself or to her unborn child, in the written opinion of her physician, may request a transfer to a more suitable position if one is available. Where no suitable position is available, the Employee may request maternity leave if the Employee is eligible for such leave. In the event that the maternity leave must commence in the early stages of pregnancy which results in the need for an absence from work longer than twelve (12) months, the Employee may request further leave without pay. Such a request will not be unreasonably denied.

(d)     The Employer has the right to request the Employee to provide a medical certificate from her physician that she is able to perform all her regular duties and responsibilities.

(e)     The Employer agrees that when an Employee reports to work on the expiration of her maternity leave, the Employer shall permit her to resume work at the same salary, sick leave, and vacation entitlement she had when the unpaid leave commenced.

(f)     An Employee, who is on maternity leave, shall be entitled to continue participation in eligible benefit plans provided she makes arrangements to pay in advance or to provide post-dated cheques for the payment of her share of the benefit premiums for the period of leave.

(g)     The Employee shall reconfirm her intention to return to work or may request changes to the dates originally approved by giving the Employer at least four (4) weeks written notice before the leave is to commence or end.

(h)     Upon return to employment the Employee shall be reinstated to her former position unless the position has been discontinued in which case the Employee shall be placed in a comparable position. In the event that the employee’s position or a comparable position is not available, the employee shall have access to the layoff provisions contained within this collective agreement.

(i)     An employee granted maternity leave shall not earn vacation credits, sick leave credits or paid holiday pay for the period so granted. The employee shall earn seniority for the entire leave.

(j)     No Employee shall be required to return from such leaves of absence for the purposes of transferring or being promoted into any vacancy for which they were the successful candidate until such time as their Maternity, Adoption, and/or Parental Leave expires.

20.07     Parental Leave/ Adoption Leave

An Employee who becomes a parent through the birth or adoption of a child, shall be granted unpaid parental leave with four (4) weeks written notice, in accordance with the following:

(a)     Adoption leave shall be granted for a period of up to eighteen (18) weeks. In extenuating circumstances, the leave may be extended up to an additional six (6) months.

(b)     Parental leave shall be granted for a continuous period of up to thirty-four (34) weeks. The parent who does not take maternity or adoption leave is entitled to thirty-seven (37) weeks.

(c)     Parental leave must be taken between the period twelve (12) weeks prior to the birth or adoption of the child and fifty-two (52) weeks following the event.

(d)     The Employer agrees that when an Employee reports to work on the expiration of the parental leave I adoption leave, the Employer shall permit the Employee to resume work at the same salary, sick leave, and vacation entitlement which they would have received had they never taken leave. For clarification, full time Employees shall continue to accrue service, paid vacation, sick leave, and applicable salary increments.

(e)     An Employee who is on parental leave I adoption leave shall be entitled to continue participation in eligible benefit plans provided they make arrangements to pay in advance or to provide post-dated cheques for the payment of their share of the benefit premiums for the period of leave.

(f)     An employee granted parental and/or adoption leave shall not earn vacation credits, sick leave credits or paid public holiday pay for the period so granted. The employee shall earn seniority for the entire leave.

(g)     The employee may make a one-time request to extend to their parental/adoption leave at least four (4) weeks prior to their originally scheduled return to work date. Such extension shall not exceed twenty-six (26) weeks.

(h)     The Employee shall reconfirm their intention to return to work by giving the Employer at least four (4) weeks’ written notice before the leave is to end.

(i)     Upon return to employment, the Employee shall be reinstated to their former position unless the position has been discontinued in which case the Employee shall be placed in a comparable position, subject to changes at the workplace which may have occurred.

(j)     No Employee shall be required to return from such leaves of absence for the purposes of transferring or being promoted into any vacancy for which they were the successful candidate until such time as their Maternity, Adoption, and/or Parental Leave expires.

20.08     The total duration of the leaves provided for in Articles 20.06 & 20.07 shall not exceed seventy- eight (78) weeks.

20.09     Maternity/ Parental/ Adoption Supplemental Employment Benefit (SEB)

Maternity/Parental/Adoption Supplemental Employment Benefit (SEB) shall only apply to regular full time and regular part time Employees.

Eligible Employee shall mean an Employee who has completed at least thirteen (13) weeks of employment prior to commencing her pregnancy and/or their parental/adoption leave, and who is in receipt of Employment Insurance maternity or parental benefits.

Maternity Supplemental Employment Benefits

An Employee, who is in receipt of Employment Insurance (El) maternity benefits pursuant to the Employment Insurance Act, shall be paid a SEB that is equivalent to the difference between the gross weekly El benefit the Employee is eligible to receive and seventy-five percent (75%>) of the Employee’s regular weekly rate of pay. This SEB payment shall commence following completion of the El waiting period and upon submitted proof of receipt of El benefits. The SEB payment shall continue while the Employee is in receipt of El maternity benefits for a maximum of fifteen (15) weeks.

CBS will pay seventy-five percent (75%>) of the Employee’s regular weekly rate of pay for the EI waiting period required for maternity benefits under the Employment Insurance Act.

Parental/Adoption Supplemental Employment Benefits

An Employee, who is in receipt of Employment Insurance (El) parental benefits pursuant to the Employment Insurance Act, shall be paid a SEB that is equivalent to the difference between the gross weekly El benefit the Employee is eligible to receive and seventy-five percent (75%) of the Employee’s regular weekly rate of pay. This SEB payment shall commence following completion of any required El waiting period and upon submitted proof of receipt of El benefits. The SEB payment shall continue while the Employee is in receipt of El parental benefits for a maximum of ten (10) weeks.

If a waiting period is required for parental benefits under the Employment Insurance Act, the Employer will pay seventy-five percent (75%) of the Employee’s regular weekly rate of pay for this waiting period.

In instances where two Employees share the parental/adoption leave and both are in receipt of El parental benefits, both Employees shall be eligible for the SEB to a maximum of ten (10) weeks each.

SEB Payment Calculation

SEB payments will be based on the regular weekly rate of pay in the Employee’s home position.

The regular weekly rate of pay shall be determined by multiplying the Employee’s regular weekly work hours by the regular hourly rate on the last day worked prior to the commencement of the leave and excludes overtime, premiums, and allowances.

Regular weekly work hours for regular part time Employees shall be determined by calculating the average regular hours paid per week over the twenty (20) weeks preceding the last paid day prior to commencement of the leave.

Salary changes with an effective date during the leave will not result in an adjustment to the SEB payment.

20.10      Paternity leave of up to two (2) days with pay shall be granted upon request to a male Employee. Such leave with pay shall be taken within fourteen (14) calendar days of the birth of the child.

20.11      Association Business

(a)     (i)     One member of the bargaining unit appointed to a paid position with the Association for a period of up to one (1) year, may be granted leave of absence without pay subject to CBS’ operational requirements.

(ii)     Employees on such leave shall provide the Employer with at least four (4) weeks’ written notice of their return to work.

(iii)     The Employer will reinstate the Employee in the same position held by their immediately prior to taking leave, and at the same step in the pay scale or provide them with alternate work of a comparable nature at not less than the same scale and all other benefits that accrued to them to the date they commenced the leave. In the event that the employee’s position or a comparable position is not available, the employee shall have access to the layoff provisions contained within this collective agreement.

(b)     For members of the Association Executive Council, where the request for leave to attend meetings is made in writing, it shall be granted subject to CBS’s operational requirements. Such leave shall be with pay. The Association agrees to reimburse the Employer for the gross salary and benefits of the Employee while on leave.

(c)     Association representatives who are members of the HSAS bargaining committee shall not suffer any loss in pay in case of attendance in scheduled negotiation, conciliation, and mediation meetings with Employer representatives to a maximum of the scheduled hours for each applicable day. Attendance of Association representatives shall not exceed two (2) individuals at any given time.

20.12     Appointment Leave

(a)    Whenever possible, Employees should endeavor to arrange medical and dental appointments outside working hours. Upon written request, an Employee will be granted up to twenty-five (25) hours of paid leave per fiscal year (April 1 – March 31) for the purpose of attending appointments provided that: they have been given authorization by the Employer. Such authorization will not be unreasonably denied.

(b)    The pay entitlement for regular part-time Employees for authorized appointment leave shall be limited to their posted and confirmed hours of work.

(c)    Employees shall make every effort to provide three (3) weeks’ notice, but in any event no less than three (3) days’ notice shall be provided.

20.13     Jury or Witness Duty

Leave of absence without loss of regular pay shall be granted to an Employee who is subpoenaed by the Employer or the Crown as a witness in a court action or to a regular full time or regular part time Employee who is required to serve as a juror in any court of law, provided that the amount paid to the Employee for such service is promptly repaid to the Employer. A leave of absence, without pay, will be granted to an employee whose private affairs have occasioned a court appearance or is subpoenaed by an agent other than the crown or is accused and jailed pending court appearance.

20.14     Education Leave

(a)     Provided that the operational efficiency of the Employer is not seriously disrupted, the Employer will encourage participation in educational programs as contemplated in the Employer’s Professional Development Policy (Policy FF4800). Leaves of absence with or without pay and/or reasonable expenses may be granted at the discretion of the Employer to enable Employees to participate in such programs. The Employer shall endeavor to ensure that each Employee be given an equal opportunity to participate in such educational programs.

(b)     Should the Employer direct an Employee to participate in a specific program, such Employee shall be compensated in accordance with the following:

(i)     For program attendance on regularly scheduled working days, the Employee shall suffer no loss of regular earnings.

(ii)     For hours in attendance at such program on regularly scheduled days off, the Employee shall be paid at their basic rate of pay to a maximum of seven and one- half (7 1/2) hours per day.

(iii)     The Employer will pay the cost of the course including tuition fees, course required books, reasonable travel, and subsistence expenses subject to prior approval.

(c)     For the purpose of determining salary increments, an Employee granted leave of absence for educational purposes shall be deemed to remain in the continuous service of the employer for the first twelve (12) calendar months only of such period of leave. In the event the period of educational leave continues for a period in excess of twelve (12) months, an Employee’s salary increment date shall be delayed by the amount of time that said leave exceeds twelve (12) months and the newly established increment date shall prevail thereafter.

(d)     An Employee absent on approved education leave will be reinstated by the Employer in the same position and classification held by them immediately prior to taking such leave or be provided with alternate work of a comparable nature.

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