Human Resources Manual - 813a - Mandatory Leave with Pay

Contents

• Introduction
• Application
• Definitions
• Guidelines
• Procedures
• Authorities and References

Introduction

Application

Definitions

Guidelines

5. The five days MLWP cannot be carried over from one fiscal year to the next fiscal year.

Non-Continuous Positions

The following apply to employees in non-continuous positions or assigned non-continuous work:

6. Non-continuous employees will take the five days MLWP on days set by the Employer as the GNWT operations shut-down period.
7. Employees on leave without pay are not entitled to and do not receive the five days MLWP.Employees must work, or be on paid leave, the day immediately preceding and following the days set by the Employer to be eligible for the MLWP days.Exceptions are made for employees whose leave has been granted under Article 12 (time off for union business) of the Union of Northern Worker’ (UNW) Collective Agreement.
8. Employees in non-continuous positions will be provided with the five days MLWP no matter what their start date in that fiscal year.However, employees in non-continuous positions are only entitled to receive the five days MLWP during the GNWT operations shut-down period.
9. Casual employees assigned non-continuous work will be provided with five days MLWP no matter what their start date in that fiscal year.However, casual employees’ assigned non-continuous work are only entitled to receive the five days MLWP during the GNWT operations shut-down period.
10. The five days MLWP will not be paid out if an employee in a non-continuous position or assigned non-continuous work terminates his/her employment prior to the days set by the Employer for the GNWT operations shut-down period.
11. The five days MLWP are considered working days of rest for overtime purposes.Employees who are non-continuous should not be required to work during the five days MLWP.If employees are required to work, they will be entitled to overtime as per article 23.05 of the UNW Collective Agreement or overtime section of the Excluded Employees’ Handbook for the first and second days of rest.
12. The five days MLWP are considered non-working days of rest and do not count for the purposes of calculating winter bonus days.
13. Employees with acting responsibilities during time periods that span the five days MLWP will receive responsibility allowance during the MLWP days.
    
    

Continuous Positions

The following apply to employees in continuous operations:

14. MLWP is calculated by month for continuous employees.An employee is entitled to .41 of a MLWP day for every month that the employee works at least one day.12 months x .41 days = 5 days.
15. The five days MLWP will be schedule in advance to be taken at a time that is mutually acceptable to the Employer and employee.
16. Where the Employer and the employee are unable to schedule some or all of the five days MLWP, the employee will be paid out the remaining value of the MLWP days at the end of the fiscal year.
17. Where an employee in a continuous position is on leave without pay for more than three months in a fiscal year, the employee will be entitled to a pro-rated amount of MLWP.This means if an employee in a continuous position is on leave without pay for less than three months in a fiscal year he/she will be entitled to five days MLWP.Exceptions are made for employees whose leave has been granted under Article 12 (time off for union business) of the UNW Collective Agreement.
18. An employee in a continuous position who terminates his/her employment prior to the end of the fiscal year, and has not used some or all of the five days MLWP, will be paid out the remaining pro-rated value of the MLWP days.
19. Casual employees’ assigned continuous work will be entitled to a pro-rated amount of MLWP days dependent on the employment contract.The employment contract will not be extended to allow for utilization of the MLWP days.Any earned but unused MLWP days will be paid out.

Seasonal Workers

All employees in seasonal categories are considered to be in continuous operations and are subject to the following provisions:

1. The employee will have the five days MLWP pro-rated in accordance with the season;
2. The MLWP days must be taken at a mutually agreeable time to the Employer and employee during the season and the season will not be extended to allow for utilization of the MLWP days. Any earned but unused MLWP days will be paid out; and
3. The Employer recognizes that in certain circumstances due to operational requirements (i.e., seasonal fire fighters during an extremely busy fire season), employees may not be able to utilize their MLWP days during the season and will review the continuous positions at that time.

Promotions & Transfers

20. All employees who are transferred or promoted from a continuous to non-continuous position are subject to the following provisions:
    1. If the transfer or promotion is prior to the GNWT operations shut down period and the employee took some or all of the five days MLWP, the MLWP days must be converted to vacation, lieu or leave without pay.The employee must take the five days MLWP during the GNWT operations shut-down period as a non-continuous employee; and
    2. If the transfer or promotion is after the GNWT operations shut down period and the employee took some or all of the five days MLWP, the days are not adjusted.If the employee did not take the five days MLWP prior to accepting a non-continuous position, the employee is not entitled to the remaining days.
21. All employees who are transferred or promoted from a non-continuous to continuous position are subject to the following provisions:
    1. If the transfer or promotion is prior to the GNWT operations shut-down period, the employee can take the five days MLWP at a time mutually agreeable to the Employer and employee prior to the end of the fiscal year; and
    2. If the transfer or promotion is after the GNWT operations shut-down period, the employee took the five days MLWP during the GNWT operations shut-down period as a non-continuous employee and has used the MLWP entitlement for the fiscal year.

Transfer Assignments

22. All employees who are on a transfer assignment from a continuous to non-continuous position are subject to the following provisions:
    1. Use of the five days MLWP will be dependent on when the employee transfers from a continuous to a non-continuous position and when the transfer ends to return the employee to a continuous position;
    2. If the transfer assignment is prior to the GNWT operations shut-down period and the employee took some or all of the five days MLWP, the MLWP days must be converted to vacation, lieu or leave without pay.  The employee must take the five days MLWP during the GNWT operations shut-down period as a non-continuous employee; and
    3. If the transfer assignment is after the GNWT operations shut-down period and the employee took some or all of the five days MLWP, the days are not adjusted.If the employee did not take the five days MLWP prior to accepting a non-continuous position, the employee is NOT entitled to the remaining days
23. All employees who are on a transfer assignment from a non-continuous to continuous position are subject to the following provisions:
    1. Use of the MLWP days will be dependent on when the employee transfers from a non-continuous to continuous position and when the transfer ends to return the employee to a non-continuous position;
    2. If the transfer assignment is prior to the GNWT operations shut-down period, the employee will schedule the five days MLWP at a time mutually agreeable to the Employer and employee in the respective fiscal year;
    3. Where a transfer assignment is scheduled to end before the GNWT shut-down period, the employee should not schedule any days in the fiscal year as the employee will take the five days MLWP during the GNWT shut-down period; and
    4. If the transfer assignment is after the GNWT operations shut-down period, the employee took the five days MLWP during the GNWT operations shut-down period as a non-continuous employee and has used the MLWP entitlement for the fiscal year.

 

Procedures

Authorities and References

Copyright © 2005 Government of the Northwest Territories

Last Updated: 2009-11-06 (Y/M/D)