VACATION LEAVE WITH PAY

32.01 The vacation year shall be from April 1st to March 31st, inclusive, ofthe following calendar year.

Accumulation of Vacation Leave Credits

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32.02 For each calendar month in which an employee has earned at least seventy· five (75) or eighty (80) hours' pay (in accordance with the Hours of Work Code), the employee shall earn vacation leave credits as follows:

(a)

nine decimal three seven five (9.375) or ten (10) hours (in accordance with the the Hours of Work Code) until the month in which the anniversary of the employee's eighth (8¹h) year of service occurs;

twelve decimal five (12.5) or thirteen decimal three three (13.33) hours (in accordance with the Hours of Work Code) commencing with the month in which the employee's eighth (8¹¹¹) anniversary of service occurs;

thirteen decimal seven five (13.75) or fourteen decimal six seven (14.67) hours (in accordance with the Hours of Work Code) commencing with the month in which the employee's sixteenth (l6¹h) anniversary of service occurs;

fourteen decimal three seven five (14.375) or fifteen decimal three three (15.33) hours (in accordance with the Hours of Work Code) commencing with the month in which the employee's seventeenth ( 1 ih) anniversary of service occurs;

fifteen decimal six two five (15.625) or sixteen decimal six seven (16.67) hours (in accordance with the Hours of Work Code) commencing with the month in which the employee's eighteenth (18th) anniversary of service occurs;

sixteen decimal eight seven five(l6.875) or eighteen (18) hours (in accordance with the Hours of Work Code) commencing with the month in which the employee's twenty-seventh (27t¹¹) anniversary of service occurs;

(g) eighteen decimal seven five (18.75) or twenty (20) hours (in accordance with the Hours of Work Code) commencing with the month in which the employee's twenty-eighth (28¹h) anniversary of service occurs.

32.03

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(a)

(i) For the purpose of clause 32.02 only, all service within the Public Service, whether continuous or discontinuous, shall count towards the calculation of vacation leave credits except where a person who, on leaving the Agency or the Public Service, takes or has taken severance pay. However, the above exception shall not apply to an employee who receives severance pay on lay-off and is reappointed to the Agency within one year following the date oflay-off. For greater certainty, severance payments taken under Article 57.04 to 57.07, or similar provisions in other collective agreements, do not reduce the calculation of service for persons who have not yet left the Agency.

(ii) For the purpose of clause 32.02 only, effective April1, 2012 on a go forward basis, any fonuer service in the Canadian Forces for a continuous period of six months or more, either as a member of the Regular Force or of the Reserve Force while on Class B or C service, shall also be included in the calculation of vacation leave credits.

(b) Notwithstanding (a) above, an employee who was a member of a bargaining unit in the Public Service prior to May 31, 1990 shall retain, for the purpose of "service" and of establishing her/his vacation entitlement pursuant to this clause, those periods of former service which had previously qualified for counting as continuous employment, until such time as her/his employment in the Public Service is terminated.

(c) Service referred to in (a) above shall be deemed to include all breaks in employment between periods of student or term employment with Parks Canada that are not separated by a period of more than one calendar year without employment.

32.04 An employee is entitled to vacation leave with pay to the extent of the employee's earned credits but an employee who has completed six (6) months of continuous employment is entitled to receive an advance of credits equivalent to the anticipated credits for the current vacation year.

Scheduling of Vacation Leave With Pay 32.05

(a) Employees are expected to take all their vacation leave during the vacation year in which it is earned.

(b) Subject to the following subparagraphs, the Agency reserves the right to schedule an employee's vacation leave but shall make every reasonable effort:

(i) to provide an employee's vacation leave in an amount and at such time as the employee may request;

(ii) not to recall an employee to duty after the employee has proceeded on vacation leave;

(iii) not to cancel nor alter a period of vacation which has been previously approved in writing;

(iv) to provide at least four (4) weeks written notice to the employee when scheduling her/his leave.

32.06 The Agency shall give an employee as much notice as is practicable and reasonable of approval, denial, alteration or cancellation of a request for vacation. In the case of denial,

alteration or cancellation of such leave, the Agency shall give the reason in writing, upon written request from the employee.

32.07 Where, in respect of any period of vacation leave, an employee:

(a) is granted bereavement leave, or

(b) is granted leave with pay because of illness in the immediate family, or

(c) is brranted sick leave on production of a medical certificate,

the period of vacation leave so displaced shall either be added to the vacation period, if requested by the employee and approved by the Agency, or reinstated for use at a later date.

32.08 Advance Payments

(a) The Agency agrees to issue advance payments of estimated net salary for vacation periods of two (2) or more complete weeks, provided a written request for such advance payment is received from the employee at least six (6) weeks prior to the last pay day before the employee's vacation period commences.

(b) Providing the employee has been authorized to proceed on vacation leave for the period concemed, pay in advance of going on vacation shall be made prior to departure. Any overpayment in respect of such pay advances shall be an immediate first charge against any subsequent pay entitlements and shall be recovered in full prior to any further payment of salary.

32.09 Recall from Vacation Leave

(a) Where an employee is recalled to duty during any period of vacation leave, the employee shall be reimbursed for reasonable expenses that the employee incurs:

(i) in proceeding to the employee's place of duty, and

(ii) in returning to the place from which the employee was recalled if the employee immediately resumes vacation upon completing the assignment for which the employee was recalled, after submitting such accounts as are normally required by the Agency.

(b) The employee shall not be considered as being on vacation leave during any period in respect of which the employee is entitled under paragraph (a) to be reimbursed for reasonable expenses incurred by the employee.

32.10 Cancellation or Alteration of Vacation Leave

When the Agency cancels or alters a period of vacation leave which it has previously approved in writing, the Agency shall reimburse the employee for the non-returnable portion of vacation contracts and reservations made by the employee in respect of that period, subject to the

presentation of such documentation as the Agency may require. The employee must make every reasonable attempt to mitigate such losses.

Carry-Over and/or Liquidation of Vacation Leave 32.11

(a) Where in any vacation year, an employee has not been granted all of the vacation leave credited to him or her, the unused portion of her/his vacation leave up to a maximum of two hundred and sixty-two decimal five (262.5) or two hundred and eighty (280) hours (in accordance with the hours of Hours of Work Code) credits shall be carried over into the following vacation year. All vacation leave credits in excess of two hundred and sixty-two decimal five (262.5) or two hundred and eighty (280) hours (in accordance with the hours of Hours of Work Code) shall be automatically paid in cash at her/his daily rate of pay as calculated from the classification prescribed in her/his letter of offer of her/his substantive position on the last day of the vacation year.

(b)

(i) Notwithstanding paragraph (a), if on the date of signing of this at:,'t'eement or on the date an employee becomes subject to this agreement, he or she has more than two hundred and sixty-two decimal five (262.5) or two hundred and eighty (280) hours (in accordance with the Hours of Work Code) of unused vacation leave

credits earned during previous years, this number of unused vacation leave credits shall become the employee's accumulated leave maximum;

(ii) Unused vacation leave credits equivalent to the employee's accumulated leave maximum shall be carried over into the following vacation year;

(iii) Unused vacation leave credits in excess of the employee's accumulated leave maximum shall be automatically paid in cash at her/his daily rate of pay as calculated from the classification prescribed in her/his letter of offer of her/his substantive position on the last day of the vacation year.

(c) The employee's accumulated leave maximum shall be reduced inevocably by the number ofvacation leave credits liquidated in excess of the employee's annual vacation leave entitlement during the vacation year.

(d) Notwithstanding (b)(iii), where the Agency cancels a period of vacation leave which has been previously approved in writing, and which cannot be rescheduled before the end of the vacation year, the cancelled leave may be canied over into the next vacation year.

Leave When Employment Terminates

32.12 When an employee dies or otherwise ceases to be employed, the employee's estate or the employee shall be paid an amount equal to the product obtained by multiplying the number of days of earned but unused vacation leave to the employee's credit by the daily rate of pay as calculated from the classification prescribed in the letter of offer on the date of the tennination of employment.

32.13 Notwithstanding clause 32.12, an employee whose employment is terminated for cause by reason of abandonment of her/his position is entitled to receive the payment referred to in clause 32.12, if she/he requests it within six ( 6) months following the date upon which her/his

employment is terminated.

32.14 Where the employee requests, the Agency shall grant the employee her/his unused vacation leave credits prior to termination of employment if this will enable the employee,

tor

purposes of severance pay, to complete the first (1st) year of continuous employment in the case of lay-off, and the tenth ( l 0¹h) year of continuous employment in the case of resignation.

32.15 Appointment to or from another Public Service Employer

(a) Notwithstanding clause 32.12, an employee who resigns to accept an appointment with an organization listed in Schedules I, IV or V of the Financial Administration Act (F AA) may choose not to be paid for unused vacation leave credits, provided that the appointing organization will accept such credits.

(b) The Agency agrees to accept the unused vacation leave credits up to a maximum of two hundred and sixty-two decimal five (262.5) or two hundred and eighty (280) hours (in

accordance with the Hours of Work Code) of an employee who resigns from an

organization listed in Schedules I, IV or V of the Financial Administration Act (F AA) in order to take a position with the Agency if the transferring employee is eligible and has chosen to have these credits transferred

ARTICLE 33