10.01 Seniority Defined
(a) Seniority means the number of hours worked, exclusive of overtime, and all hours as set out in Article 10.02 that an Employee has accumulated while working from the last date the Employee commenced employment with the Regional Health Authority and/or its affiliates. Seniority shall not apply during the probationary period, however, once the probationary period has been completed, seniority shall be credited from the last date of employment.
(b) In addition to Article 10.01(a), Employees on standby shall be credited with seniority as follows:
(i) all call in/back hours.
(ii) Hours on Standby = Hours of Seniority
The crediting of standby hours shall occur monthly on dates identified as the payroll month end. Employees utilizing seniority during a calendar month, as permitted under the collective agreement, shall have access to standby hours credited up to the previous month end.
(c) In no case shall an Employee accumulate annual seniority in excess of full-time hours for that classification as determined in Article 15.
10.02 Accrual Of Seniority
Seniority shall accrue during:
(a) the first one hundred and nineteen (119) calendar days of sick leave including time on E.I. sick benefit or Income Replacement Benefits under the Automobile Insurance Act;
(b) unpaid leaves of absence up to and including one hundred and sixty-eight (168) work hours in a calendar year;
(c) hours absent while receiving benefits from the Worker’s Compensation Board;
(d) temporary positions, out-of-scope of any union, with the Employer not to exceed twelve (12) months unless extended by mutual agreement with the union;
(e) bereavement leave, pressing necessity leave, family responsibility leave, medical care leave;
(f) jury duty and court service;
(g) vacation leave;
(h) leave for elected Public Office;
(i) union leave;
(j) all maternity/paternity/adoption/parental leave;
(k) education leave up to twenty-four (24) months.
(l) Long-term disability or Income Replacement Benefits under the Automobile Insurance Act.
(m) If an Employee’s hours of work are reduced due to a disability, full-time Employees shall maintain their pre- disability accrual rate.
Other than full-time Employees shall accrue seniority as follows:
(i) For those who have worked one (1) year or more:
Paid Hours in Previous 52 Weeks = Seniority Hours Per Week of Leave
(ii) For other than full-time Employees who have worked for less than one (1) year:
Paid Hours = Seniority Hours Per Week Leave
Number of Weeks of Employment
10.03 Maintenance Of Seniority
Seniority shall be maintained, but not accrue, during:
(a) period of lay-off in excess of one month;
(b) suspension for discipline;
(c) unpaid leaves of absence over one hundred and sixty-eight (168) work hours in a calendar year;
(d) the probationary period in a permanent out-of-scope position.
(e) temporary positions in other bargaining units with the Employer not to exceed twelve (12) months unless extended by mutual agreement with the union.
(f) Employees shall have the ability to transfer seniority in accordance with Article 28 PORTABILITY OF BENEFITS AND SENIORITY.
10.04 Loss Of Seniority
An Employee shall lose all seniority within a Regional Health Authority if she:
(a) terminates employment with all Employers within a Regional Health Authority;
(b) is discharged for just cause;
(c) fails to return to work immediately following the termination of a leave of absence or within fourteen (14) days from receipt of notification by the Employer to return to work following a lay-off, unless in either case the Employee can show a justifiable reason for failure to report to work;
(d) is on lay-off from all Employers within the Regional Health Authority for more than three (3) years;
(e) is a casual Employee and has not worked for a period of two hundred and seventy-four (274) calendar days exclusive of approved leaves of absence, sick leave, WCB, or DIP;
(f) fills any position not within the scope of this agreement on a temporary basis exceeding 12 months, unless mutually agreed otherwise;
(g) works exclusively in a permanent out-of-scope position and successfully completes the probationary period.
For (a) to (e) loss of seniority shall result in the termination of an Employee.
10.05 Seniority List
The Employer shall maintain a seniority list showing the date upon which each Employee’s service last commenced and including total seniority hours up to and including the Saturday in which December 31 falls each year, as calculated in Article 10.01. An up-to-date seniority list shall be posted in places accessible to all Employees by February 1st of each year, with a copy to the union. The seniority list shall be open for correction for a period of thirty (30) days from the date of posting. Correction requests shall be limited to seniority accrual for the previous 12 months.