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UNW Collective Agreement

Article 17 - Leave - General

17.01 When the employment of an employee who has been granted more vacation, sick or special leave with pay than he/she has earned is terminated, the employee shall be considered to have earned that amount of leave with pay granted to him/her provided that:
  (a) an employee's employment is terminated by his/her death;
  (b) an employee's employment is terminated by lay-off instituted at any time after he/she has completed one (1) or more years of continuous employment.
17.02 When an employee is in receipt of an extra allowance and is granted leave with pay, he/she is entitled during his/her period of leave to receive the allowance if the special or extra duties in respect of which he/she is paid the allowance were assigned to him/her on a continuing basis.
17.03 Upon request of an employee who does not have access to the Employer’s Human Resources Management System, the Employer will provide a written statement of special, sick, vacation and mandatory leave balances once per year.
17.04 Any public servant who is recruited from the Public Service of Canada will receive credit for all sick leave and special leave credits earned but not taken by him/her in his/her Public Service prior to joining the Public Service of the Northwest Territories.
17.05 (i) When any period of vacation leave, special leave or time off in lieu of overtime has been approved and an employee’s leave is cancelled, changed, or reduced prior to being taken, he/she shall be reimbursed for reasonable expenses that he/she incurs in respect of any non-refundable deposits or prearrangements associated with his/her leave, after submitting such accounts as are normally required by the Employer.
  (ii) When during any period of vacation leave, special leave or time off in lieu of overtime, an employee is recalled to duty, he/she shall be paid at time and one half for the first shift worked.  Further, he/she shall be reimbursed for reasonable expenses that he/she incurs:
   

(a)
(b)
(c)

 

in proceeding to his/her place of duty;
in respect of any non-refundable deposits or prearrangements associated with his/her leave;
in returning to the place from which he/she was recalled if he/she immediately resumes vacation leave, special leave or time off in lieu of overtime upon completing the assignment for which he/she was recalled;
 
    after submitting such accounts as are normally required by the Employer
  (iii) The employee shall not be considered as being on vacation leave, special leave or time off in lieu of overtime during any period in respect of which he/she is entitled under 17.06(i) or (ii) above to be reimbursed for reasonable expenses incurred by him/her. The appropriate leave shall be restored to the appropriate leave bank, in accordance with 17.06(i) or (ii).
  (iv) For the purposes of this clause vacation leave, special leave and time off in lieu of overtime shall include:
   

(a)
(b)
(c)

any period of mandatory leave with pay,
leave under clause 18.08, and
days granted in lieu of designated paid holidays that are taken concurrent with vacation leave, special leave or time off in lieu of overtime.
 
17.06 An employee’s leave request shall not be denied based solely on the Employer incurring additional overtime costs.
17.07 All leave will be earned hourly based on the earning rates identified in the individual leave clauses. Leave will accrue on all regular hours, paid vacation leave, paid sick leave, paid special leave hours, and union leave with or without pay except for leave under Article 12.09.  Leave will also accrue on earned lieu time taken, designated paid holidays taken and on mandatory leave with pay days taken. This provision applies to all employee types and all types of paid leave.