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HSAS/SAHO: April 1, 2013 – March 31, 2018

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ARTICLE 13 – VACATION

13.01     Annual Vacation

All Employees shall be entitled to:

(a)     time off for annual vacations of 3, 4, 5 or 6 weeks dependent upon the Employee’s continuous employment; and

(b)     vacation pay calculated in accordance with Articles 13.07 and 13.08.

13.02     Vacation Year

“Vacation Year” means the twelve (12) month period commencing on the first (1st) day of April in each calendar year and concluding on the thirty first (31st) day of March of the following calendar year.

13.03     Continuous Employment

“Continuous Employment” means employment at any work location with the Regional Health Authority and/or its affiliates, unbroken by a termination from all employment.

13.04     Posting Vacation Credits

Projected accumulated vacation credits for Employees shall be posted by February 1st of each year and will be subject to verification in accordance with vacation credit entitlement determined on the vacation cut-off day of March 31st of each year.

13.05     Vacation Selection

(a)     Annual vacation shall be regulated on a mutually agreed basis within the workplace. In cases of disagreement, seniority shall govern in the Employee’s first selection of an unbroken period of vacation. However, when annual vacations are split, seniority shall only govern in that first selection as indicated by the employee. In order for an Employee to exercise her rights she must make her vacation selection by March 1 of each year.

(b)     Employees shall be entitled to receive vacation as it is earned during each vacation year.

(c)     Employees shall be entitled to receive vacation in an unbroken period.

(d)     Other-than-full-time Employees shall provide their Employer, at the time of vacation selection, the calendar day that they will be available to return to work.

13.06     Posting Vacation Schedules

The Employer shall post a vacation schedule for each workplace no later than March 15th of each year. Once posted, these dates cannot be changed without mutual consent.

13.07       Vacation Entitlement

Full-time Employees shall be entitled to time off and shall earn vacation credits as follows:

(a)     During the first (1st) and subsequent years, including the third (3rd) year of continuous employment, three (3) weeks of time off and fifteen (15) days of vacation credit (1 1/4 credits/month).

(b)     During the fourth (4th) and subsequent years, including the fourteenth (14th) year of continuous employment, four (4) weeks of time off and twenty (20) days of vacation credit (1 2/3 credits/month).

(c)     During the fifteenth (15th) and subsequent years, including the twenty fourth (24th) year of continuous employment, five (5) weeks of time off and twenty five (25) days of vacation credit (2 1/12 credits/month).

(d)     During the twenty fifth (25th) and subsequent years of continuous employment, six (6) weeks of time off and thirty (30) days of vacation credit (2 1/2 credits/month).

Other-than-full-time Employees shall earn vacation credits, as specified above, on a pro-rata basis.

13.08     Vacation Pay

(a)     During vacation leave periods, an Employee shall receive her regular rate of pay, based on available credits.

(b)     When an Employee’s annual vacation entitlement has been fully exhausted, 3/52, 4/52, 5/52 or 6/52 of the Employee’s gross earnings (all remuneration paid to the Employee except transportation allowance) during the vacation year will be calculated. Any amount by which this amount exceeds pay already received during the vacation leave period will be paid to the Employee.

13.09     Vacation Pay Advance

Where an Employee requests vacation pay in advance and provides fourteen (14) days written notice prior to the commencement of the vacation, vacation pay shall be provided to the Employee no later than her last scheduled working day prior to vacation.

13.10     Maximum Vacation Accumulation

Maximum vacation credits available as of March 31st of each year shall be the vacation credits earned during that vacation year plus five days earned vacation credits from previous vacation years.

13.11     Displacement Of Vacation

Where, in respect of any period of vacation leave, an Employee is:

(a)     granted bereavement leave, or

(b)     granted sick leave as a result of hospitalization during the scheduled vacation, or

(c)     granted sick leave, verified by a physician, which confined the Employee for a period of four (4) or more consecutive days, or

(d)     granted sick leave, verified by a medical doctor immediately prior to commencing scheduled vacation and such illness continues into the period of scheduled vacation, or

(e)     granted other approved leave of absence,

the period of vacation so displaced shall either be added to the vacation period if mutually agreed or reinstated for use at a later date.

13.12     Call Back From Vacation

An Employee called back from vacation shall be paid at two times (2x) her regular rate of pay for all hours worked. Upon completion of the work that the Employee had been called back to perform, the Employee may, at her discretion, resume and complete the remainder of the scheduled vacation days or, by mutual agreement, reschedule unused vacation to be taken at a later date.

Where the Employer requires an Employee to cancel scheduled vacation as provided in Article 13.06, the Employee shall immediately notify the Employer of any associated unrecoverable cost that the Employee will experience. The Employer will reimburse the Employee for such reasonable and actual cost, where supported by receipts or other satisfactory proof.

13.13     Vacation Pay On Termination Or Retirement

An Employee who terminates at any time in the vacation year before having taken vacation, shall be paid out for all vacation credits earned and not yet taken.

Employees formerly under collective agreements that provided for enhanced vacation pay upon termination or retirement are addressed in Letter of Understanding #3.

13.14     More Favorable Entitlement

(a)     An Employee whose current vacation entitlement is more favorable than the provision of Article 13.07 may continue her current entitlement. Subsequent increases to vacation entitlement shall be as per Article 13.07.

(b)     An Employee who works in more than one Regional Health Authority shall accrue vacation credits at the highest accrual rate to which she is entitled in any Regional Health Authority.

(c)     An Employee who works for more than one (1) Employer within a Regional Health Authority shall accrue vacation credits at the highest accrual rate to which she is entitled with any Employer.

 


 

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