CUPE Health Care Workers' Council of Unions

ARTICLE 29 - LEAVE OF ABSENCES - GENERAL

29.01 General Leave of Absence

Leave without pay shall be granted to the Employee insofar as the regular operation of the facility or agency will permit. All requests for leave of absence must be submitted in writing and shall include commencement date and length of the leave. For any leave for over thirty (30) calendar days the Employee will furnish reasons for the request. The Employer(s) shall respond to all requests for leave of absence within seven (7) days of receipt of the request with a copy forwarded to the Local of the Union.

29.02 Leave Without Pay for Union Business

a) Except in extenuating circumstances, the Employer(s) agrees that on at least forty-eight (48) hours notice in writing leave of absence shall be given to any designated Employee(s) for the purpose of conducting union business, however, where Union business is regularly scheduled, the official will advise the Employer(s) as soon as he/she is aware.

b) The Employer(s) may waive any portion of the notice period.

c) An Employee granted leave under this Article shall earn vacation credits, sick leave credits and Designated Holiday pay.

d) The Employer(s) agrees to continue to pay normal salary, supplementary earnings and benefits to Employees delegated on a short term basis of one (1) month or less to attend to Union business and that the Employer(s) is to charge the Local of the Union for reimbursement of the cost. Such costs shall only include:

i) actual lost wages;
ii) Employer(s)'s share of Canada Pension contributions;
iii) Employer(s)'s share of Unemployment Insurance premiums;
iv) Employer(s)'s share of Pension contributions or equivalent;
v) Employer(s)'s share of Group Insurance premiums;
vi) Employer(s)'s share of Disability Income contributions;
vii) Employer(s)'s share of Dental Plan;
viii) Workers' Compensation premiums;
ix) Extended Health Plan and Enhanced Dental Plan Premiums.

e) On leaves of absence of more than one (1) month and at the request of the Local of the Union, the Employer(s) agrees to pay normal salary and benefits to an Employee and will charge the Local of the Union, in addition to those costs set forth in Article 29.02 (d) - Leave for Union Business an amount for the following benefits:

i) annual vacation;
ii) sick leave;
iii) Designated Holidays.

Employees on union leave shall be replaced for all applicable time off. If replacement staff is not provided, the Employer(s) shall provide reasons in writing to the Local of the Union.

29.03 Leave With Pay for Union Business

It is understood and agreed between the Parties that in order to facilitate the resolution of matters of mutual concern, other than collective bargaining, the following arrangements will be implemented:

a) The Local Union representatives shall suffer no loss in salary for time lost from duties for the purpose of attending meetings at the request of and with representatives of the Employer and/or administration.

b) Presidents of each Local of the Union shall be granted up to eight (8) hours without loss of pay to attend to matters within their bargaining unit related to the agreement between the Local of the Union and the Employer(s). Such leave shall only be in conjunction with District Union Management Meetings as per Article 13 - Union Management Committee and shall not exceed eight (8) hours in any given month. Notice of such leave shall be in accordance with Article 29.02.

29.04 Leave of Absence for Full-Time Union or Public Duties

a) An Employee who is elected, selected or appointed for a full time position with the Union or any labour body with which the Union is affiliated shall be granted an unpaid leave of absence without loss of seniority for the term of office. Such leave may be renewed each year during the term of office.

b) An Employee who is offered and accepts, selected or appointed to public office shall be granted unpaid leave of absence without loss of seniority for the term of public office.

29.05 Compassionate Leave

Upon request, on the death of a family member, as herein defined, an Employee shall be granted compassionate leave with pay from scheduled work occurring between the date of death and two (2) days after the funeral as follows:

a) Four (4) regularly scheduled consecutive working days in the event of the death of an Employee's spouse (including same sex), common-law spouse, parent, mother-in-law, father-in-law, grandchild, brother, sister, child, step child or someone with whom they have had an equivalent relationship.

b) Two (2) regularly scheduled consecutive working days in the event of the death of grandparents, great grandparents, spouse's grandparents, sister-in-law, brother-in-law, son-in-law, daughter-in-law or any other relative for whom an Employee is required to administer bereavement responsibilities.

c) Where the Employee acts as an active pallbearer, the Employee shall be granted compassionate leave with pay, up to four (4) hours.

In addition the Employee may request vacation or unpaid leave of absence or TIL Bank as may be required for this purpose.

29.06 Leave for Serious Illness

Where an Employee has primary care responsibilities, he/she shall be granted leave with pay for the serious illness of a member of the immediate family as defined in Article 29.05 up to a total of two (2) consecutive working days. Serious illness shall be defined as an emergent or life-threatening situation.

In addition the Employee may request vacation or unpaid leave of absence as may be required for this purpose.

29.07 Family Illness Leave

The purpose of Family Illness Leave is for the Employee to access time away from work, without loss of pay, in circumstances where a family member, as defined in Article 29.05 is ill and requires the attention of the Employee.

a) Effective September 1, 2002

Full time Employees shall accumulate Family Illness Leave credits at the rate of two (2) hours, prorated for OTFT, for each month of employment.

b) Employees are eligible to access Family Illness Leave credits as of January 1, 2003.

c) Family Illness Leave credits shall not be accumulated from year to year.

d) Employees may also request vacation time, earned time off, or unpaid leave of absence as may be required for this purpose.

29.08 Leave for Pressing Necessity

An Employee shall be granted leave without pay for pressing necessities. Pressing necessity shall be defined as any circumstances of a sudden or unusual occurrence that could not by the exercise of reasonable judgement have been foreseen by the Employee and which required the immediate attention of the Employee.

The Employee may elect to use vacation, Designated Holiday or earned day off.

29.09 Medical Care Leave

An Employee who is unable to make arrangements for personal preventative health care outside of scheduled work time shall be granted time off with pay. Such time off will be deducted from the Employee's sick leave accumulation and shall not exceed twenty-four (24) working hours per year.

On request, Employees will be required to show proof of such care.

29.10 Parental Leave (Maternity, Paternity, Adoption)

a) An Employee who makes application for leave under this Article at least one (1) month in advance of the requested start date:

i) and who provides her immediate supervisor with a medical certificate certifying that she is pregnant and specifying the estimated due date is entitled to and shall be granted maternity leave for a period not exceeding twelve (12) months except where circumstances in the opinion of the Employee's doctor, the leave should be further extended, which shall not commence prior to three (3) months immediately preceding the estimated due date specified in the medical certificate;

ii) and who provides their immediate supervisor with proof of adoption of a child shall be granted Adoption Leave for a period not exceeding twelve (12) months, which shall not commence prior to the date at which the child becomes available for adoption;

iii) an Employee who makes application for paternity leave at least one (1) month in advance of the commencement date shall be granted paternity leave for a period of up to one (1) year in duration. Paternity leave is in accordance with this Article.

b) No Employer(s) shall dismiss, or layoff, an Employee solely because he/she is pregnant or has applied for leave in accordance with subsection a) above;

c) With sixteen (16) day's notice, an Employee may return prior to the expiration of the leave.

d) An Employee returning from maternity leave shall be reinstated in the position with the hours of work in the department in which she was employed prior to going on leave. If her position is abolished during her leave, she shall be subject to layoff as if she had been occupying the position at the time of its abolition.

e) An Employee unable to perform her regular duties, but able to perform other work, shall, where possible, be permitted to do so at the appropriate rate of pay for the position she is filling.

29.11 Paid Jury or Court Witness Leave

When an Employee is absent by reason of a summons to serve as a juror or a subpoena to serve as witness, such Employee shall not suffer any loss of salary or wages while so serving. The amount paid by the Employer(s) shall be the difference between the Employee's normal salary and the indemnity (exclusive of travel and sustenance) paid by the court.

29.12 Educational Leave

An Employee shall be granted up to forty-eight (48) months unpaid leave for education leave. Persons on educational leave shall be eligible to apply for relief positions.

a)In Service Education/Staff Development

The Employer(s) shall provide in a suitable location such reference materials as may be required in relation to maintaining up to date knowledge.

In service education, workshops and seminars will be provided within normal working hours whenever possible.

Where an Employee's attendance is required at an in service, seminar or workshop, outside normal working hours, the Employee shall be paid in accordance with the collective agreement.

b) Cardiopulmonary Resuscitation (CPR) Training and Recertification

i) Where an Employee's attendance is required at CPR training or recertification, the Employee shall be paid at straight time rates or be given equivalent time in lieu;

ii) When offered by the Employer, CPR training and recertification will be provided within the normal working hours wherever possible.

c) Tests and Examinations

No Employee shall suffer loss of pay while writing examinations or tests required by the Employer.

d) Upgrading

An Employee may be given assistance by the Employer(s) to attend specific courses, seminars, schools, etc. pertaining to the Employee's classification and job.

Participation in pertinent educational programs is encouraged by the Employer(s). Subject to adequate staffing levels being maintained, and upon the request of an Employee, the Employer may grant leave, with or without pay, to attend conferences, workshops, seminars or professional meetings covered job-related topics. Tuition costs, registration fees, or expenses incurred may be paid by the Employer(s) concerned.

When the Employer(s) requires the attendance of one or more Employees at a conference or workshop, or similar educational session, normal salary and benefits shall be continued for the scheduled workdays lost during that period of absence. In addition, all registration or tuition fees and reasonable and substantiated expenses related to the session shall be paid by the Employer(s).

29.13 Benefits During Leave of Absence Without Pay

When on leave of absence without pay, Employees shall be entitled to benefits of this Agreement, other than salary as follows:

When leave is for thirty (30) consecutive calendar days or less, Employees shall be entitled to earn sick leave, vacation leave and Designated Holidays.

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CUPE Health Care Workers' Council of Unions
3725E Eastgate Drive
Regina, Sask
S4X 1A5

Phone: 1-306-546-2185
Fax: 306-781-8177
Email: Gordon Campbell, President