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UNW Collective Agreement

Article 18 - Vacation Leave

   

ACCUMULATION OF VACATION LEAVE

18.01 (1)

For each hour that an employee receives pay he/she shall earn vacation leave at the following rates:

Years of Service Hourly Entitlement
0-2 years 0.063462
2-7 years 0.082616
7-15 years 0.096000
15-20 years 0.115385

20 + years

0.134770

 

The time to which this applies is set out in Article 17.07.

  (2) The accumulated service for part-time and seasonal employees shall be counted for the improved vacation leave entitlements in section (1) of this Article.
  (3) Leave will be taken in hours, on the basis of the employee's regularly scheduled hours of work for the day the leave is taken.
   

GRANTING OF VACATION LEAVE

18.02 (1) In granting vacation leave with pay to an employee, the Employer shall make every reasonable effort:
    (a) to schedule vacation leave for all employees in the fiscal year in which it is earned;
    (b) not to recall an employee to duty after he/she has proceeded on vacation leave;
    (c) to grant the employee his/her vacation leave during the fiscal year in which it is earned at a time specified by him/her;
    (d) to comply with any request made by an employee before January 31, that he/she be permitted to use in the following fiscal year any period of vacation leave of four (4) days or more earned by him/her in the current year
    (e)

(i)

to grant the employee vacation leave for at least up to five (5) consecutive weeks depending upon his/her vacation entitlements when so requested by the employee; and
      (ii) to grant employees their vacation leave preference and, where as between two or more employees who expressed a preference for the same period of vacation leave, length of service with the Government of the Northwest Territories will prevail;
      (iii) where the operational requirements of the service are such that an employee is not permitted to take his/her vacation leave during the specific period requested in one fiscal year, the employee will be given priority over all employees including those with greater length of service in considering that employee’s request for vacation during the specific period requested by the employee in the next fiscal year, and with priority over the application of (ii);
    (f) to grant the employee his/her vacation leave when specified by the employee if the period of vacation leave is less than a week, providing the employee gives the Employer reasonable advance notice.
  (2) The Employer shall approve or disapprove the request for vacation leave submitted by the employee as soon as possible, but no later than two (2) weeks after the request has been received.  In those work locations where the Employer has notified the Union in writing that advance scheduling leave of vacation leave will occur, this two week period shall commence on the date designated by the Employer as the deadline for submission of vacation leave applications for the purpose of advance scheduling.
  (3) Where the Employer has proposed to change, reduce or deny the vacation leave requested by the employee, the Employer shall provide the employee with the reasons, in writing, for such change, reduction or denial of vacation leave, within the two (2) week period noted in Article 18.02 (2) above.
  (4) Where an employee has medical travel under Article 20.10 or duty travel under Article 45 which has been approved, vacation leave for a coincident period may be approved,provided the employee can demonstrate no increased cost or administrative burden to the employer.  Employees will be solely responsible for any vacation related costs should the medical or duty travel subsequently be cancelled or rescheduled.
18.03  

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

    (a) is granted special leave, when there is a death in his/her immediate family as defined in Article 19; or
    (b) is granted special leave with pay because of illness in the immediate family as defined in Article 19; or
    (c) is granted 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 Employer or reinstated for use at a later date.
   

CARRY-OVER PROVISIONS

18.04 Normally, employees will not be permitted to carry over more vacation leave credits than can be earned in one (1) fiscal year. Vacation leave credits exceeding a one (1) year entitlement will be liquidated in cash in the month of June. However, in situations where an employee's vacation leave has been denied due to operational requirements, the employee shall be permitted to carry over that period of vacation leave in addition to the one (1) year of accrued vacation leave credits.
   

LEAVE WHEN EMPLOYMENT TERMINATES

18.05 Where an employee dies or otherwise terminates his/her employment:
  (a) The employee or his/her estate shall, in lieu of earned but unused vacation leave, be paid an amount equal to the product obtained by multiplying the number of hours of earned but unused vacation leave by the hourly rate of pay applicable to the employee immediately prior to the termination of his/her employment, or
  (b) the Employer shall grant the employee any vacation leave earned but not used by him/her before the employment is terminated by lay-off if the employee so requests because of a requirement to meet the minimum service requirements for severance pay.
18.06 An employee whose employment is terminated by reason of a declaration that he/she abandoned his/her position is entitled to receive the payment referred to in Clause 18.05.  If after reasonable efforts the Employer is unable to locate the employee within 6 months of termination, his/her entitlement shall lapse.
18.07 Where an employee other than a casual ceases to be employed for a reason other than dismissal, abandonment of position or rejection on probation and is re-employed, his/her completed years of prior employment shall be considered continuous service under Article 18.01(1).
   

WINTER BONUS DAY

18.08 (a) An employee who has requested and is granted vacation leave between October 1 and March 31 of any year shall, in addition to his/her vacation leave entitlement receive one (1) day of extra leave when he/she liquidates five (5) consecutive days of vacation leave within the above days; and one (1) more day when he/she liquidates at least an additional five (5) consecutive days of vacation leave; and one (1) more day when he/she liquidates at least an additional five (5) consecutive days of vacation leave; and one (1) more day when he/she liquidates at least an additional five (5) consecutive days of vacation leave. No employee may receive more than four (4) extra days in any one fiscal year. Extra leave days must be taken at the same time as vacation leave. There will be no carry-over of these extra leave days.
  (b) Where an employee applies for leave during the period of October 1 and March 31; and
    (i) the leave application was received prior to December 15th; and
    (ii)

the leave was denied; and

    (iii) the employee was prohibited from taking leave during the entire period from the date the leave form was submitted until March 31st
    the employee shall be granted the equivalent number of extra days they would have received had the original leave application been approved in accordance with 18.08(a).
  (c) Notwithstanding clause 16.06, in cases where a designated paid holiday falls within the period of vacation leave it shall be considered a day of liquidated vacation leave for determining the entitlement to the extra leave days under this clause.