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UNW Collective Agreement

Article 21 - Other Types of Leave

  COURT LEAVE
21.01 Leave of absence with pay shall be given to every employee, other than an employee on leave of absence without pay or under suspension, who is required:
  (a) to serve on a jury and the jury selection process; or
  (b) by subpoena or summons to attend as a witness in any proceeding held:
    (i) in or under the authority of a court of justice or before a grand jury;
    (ii) before a court, judge, justice, magistrate, or coroner;
    (iii) before the Senate or House of Commons of Canada, or a committee of the Senate or House of Commons, other than in the performance of the duties of his/her position;
    (iv) before the Executive Council or Legislative Assembly, or any committee thereof that is authorized by law to compel the attendance of witnesses before it;
    (v) before an arbitrator or umpire or a person or body of persons authorized by law to make an inquiry and to compel the attendance of witnesses before it.
  (c) by law to attend a proceeding under the Youth Criminal Justice Act (Canada) concerning a dependent.
 

INJURY ON DUTY LEAVE

21.02 An employee shall be granted injury-on-duty leave with pay for such reasonable period as may be determined by the Employer where it is determined by a Workers' Safety & Compensation Commission that he/she is unable to perform his/her duties because of:
  (a) personal injury accidentally received in the performance of his/her duties and not caused by the employee's willful misconduct; or
  (b) sickness resulting from the nature of his/her employment; or
  (c) over-exposure to radioactivity or other hazardous conditions in the course of his/her employment;
  if the employee agrees to pay the Government of the Northwest Territories any amount received by him/her for loss of wages in settlement of any claim he/she may have in respect of such injury, sickness or exposure, providing however that such amount does not stem from a personal disability policy for which the employee or his/her agent has paid the premium.
 

LEAVE IN EMERGENCY OR
UNUSUAL CIRCUMSTANCES

21.03 Notwithstanding any provisions for leave in this Agreement, the Employer may grant leave of absence with or without pay to an employee in emergency or unusual circumstances.
 

MATERNITY LEAVE WITHOUT PAY

21.04 (a) (i) An employee who becomes pregnant shall notify the Employer in writing at least four (4) weeks prior to the expected date of the commencement of maternity leave without pay and, subject to Section (ii) of this Clause, shall be granted leave without pay for a period of seventeen consecutive weeks commencing at any time during the seventeen week period prior to the expected date of delivery. The employee may apply to a benefits administrator and she shall be given, within one week of application, a clear understandable information package and counselling about maternity leave requirements and benefits.
    (ii) The Employer may:
      (a) upon written request from the employee, defer the commencement of maternity leave without pay of an employee or terminate it earlier than seventeen consecutive weeks from the commencement of her leave without pay;
      (b) grant maternity leave without pay to an employee to commence earlier than seventeen (17) weeks before the expected date of delivery;
      (c) where maternity leave without pay is requested, require an employee to submit a medical certificate certifying pregnancy.
    (iii) Leave granted under this Article shall be counted for the calculation of "continuous employment" and "continuous service".
  (b) (i) After completion of 6 months continuous employment, with the Employer, an employee who provides the Employer with proof that she has applied for and is in receipt of employment insurance benefits pursuant to the maternity benefit portion of the Employment Insurance Act, shall be paid a maternity leave allowance in accordance with this Article.
    (ii) An applicant under Clause 21.04(b)(i) shall sign an agreement with the Employer providing:
      (a) that she will return to work and remain in the Employer's employ for a period of at least six (6) continuous months after her return to work;
      (b) that she will return to work on the date of the expiry of her maternity leave, unless this date is modified with the Employer's consent.
    (iii) Should the employee fail to return to work, except by reason of death, disability or lay-off as per the provision of Clause 21.04(b)(ii), the employee recognizes that she is indebted to the Employer for the amount received as Maternity allowance. Should the employee not return for the full six months, the employee's indebtedness shall be reduced on a prorated basis.
    (iv) No employee shall be laid off, transferred or relocated while on, or within six (6) months of his/her return, from maternity or parental leave without the consent of the employee, the employer and the union.
  (c)

In respect of the period of maternity leave, maternity leave allowance payments made will consist of the following:

    (i) For the first two (2) weeks, payments equivalent to 93% of her weekly rate of pay in effect on the day immediately preceding the commencement of the maternity leave. For up to a maximum of an additional 15 weeks, payments equivalent to the difference between the employment insurance benefits she is eligible to receive and 93% of her weekly rate of pay;
    (ii) (a) for a full-time employee the weekly rate of pay referred to in Clause 21.04(c)(i) shall be the weekly rate of pay in effect immediately preceding the commencement of the maternity leave.
      (b) for  part-time and relief employees the weekly rate of pay referred to in Clause 21.04(c)(i) shall be the prorated weekly rate of pay in effect immediately preceding the commencement of the maternity leave and averaged over the six month period of continuous service.
    (iii) Payments in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments under this Article.
    (iv) Where an employee becomes eligible for a pay increment or an economic adjustment with respect to any period in which the employee was in receipt of payments under Clause 21.04(c)(i), the payments shall be adjusted on the effective date.
  (d)

Further, when a pregnant employee produces a statement from her physician that her working conditions may be detrimental to her health or that of the fetus, the Employer will:

    (i) change those working conditions;
    (ii) assign suitable alternative work;
    (iii) temporarily transfer the employee; or
    (iv) where none of these options are reasonable within operational requirements, allow the employee to take a leave of absence without pay for the duration of her pregnancy.
 

PARENTAL LEAVE WITHOUT PAY

21.05 (a) Where an employee has or will have the actual care and custody of his/her new-born child or an employee commences proceedings to adopt a child or obtains an order for the adoption of a child, he/she shall be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks.  The leave shall be taken during the fifty-two (52) week period immediately following the day the child is born or, in the case of adoption; within the fifty-two (52) week period from the date the child comes into the employee’s care and custody.
  (b) An employee who intends to request parental leave shall notify the Employer in writing at least four weeks prior to the expected date of the commencement of parental leave without pay.
  (c) Leave granted under this Clause shall be counted for the calculation of "continuous employment" and "continuous service".
  (d) After completion of six (6) months continuous employment with the Employer, an employee who provides the Employer with proof that he/she has applied for and is in receipt of parental benefits pursuant to the Employment Insurance Act shall be paid a parental leave allowance in accordance with this Article.
  (e) An applicant under Clause 21.05(d) shall sign an agreement with the Employer providing:
    (i) that he/she will return to work and remain in the Employer's employ for a period of at least six (6) continuous months after his/her return to work;
    (ii) that he/she will return to work on the date of the expiry of his/her parental leave unless this date is modified with the Employer's consent.
  (f) Should the employee fail to return to work, in accordance with the provisions of Clause 21.05(e), except by reason of death, disability, or lay-off, the employee recognizes that he/she is indebted to the Employer for the parental leave allowance amount received pursuant to this Article. Should the employee not return for the full six-month period, the employee's indebtedness shall be reduced on a prorated basis.
  (g) In respect of the period of parental leave taken by an employee who has not taken maternity leave, parental leave allowance payments made will be equivalent to 93% of the employee's weekly rate of pay for the first two weeks and for an additional 15 weeks, payments equivalent to the difference between the employment insurance benefit the employee is eligible to receive and 93% of the employee's weekly rate of pay.
  (h) In respect of the period of parental leave taken by an employee who has taken maternity leave, payments made in accordance with this Article will be equivalent to the difference between the employment insurance benefit she is eligible to receive and 93% of her weekly rate of pay for 17 weeks.
  (i) For a full-time employee the weekly rate of pay referred to in Clauses 21.05(g) and (h) shall be the weekly rate of pay in effect immediately preceding the commencement of the parental leave or maternity leave, as the case may be.
  (j) For part-time and relief employees the weekly rate of pay referred to in Clauses 21.05(g) and (h) shall be the prorated weekly rate of pay in effect immediately preceding the commencement of the parental leave or maternity leave, as the case may be and averaged over the six month period of continuous service.
  (k) Payments in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments under this Article.
  (l) Parental leave utilized by an employee-couple in conjunction with maternity leave shall not exceed a total of fifty-two (52) weeks for both employees combined.
  (m) Parental leave taken by an employee in conjunction with maternity leave shall be taken immediately after the termination of maternity leave and the duration of both periods of leave combined shall not exceed a total of fifty-two (52) weeks.
  (n) When parental leave with allowances is taken by an employee couple, allowance payments made shall not exceed a total of 17 weeks for both employees combined, and parental leave with or without allowances taken by an employee couple shall not exceed a total of thirty-seven (37) weeks for both employees combined.
 

LEAVE WITHOUT PAY FOR COMPASSIONATE CARE

21.06 (a) Leave without pay for compassionate care shall be granted to a maximum of eight weeks to an employee to provide care or support to a gravely ill family member at risk of dying within 26 weeks.
  (b) Family member means:
    (i) a spouse of the employee,
    (ii) a child of the employee or a child of the employee’s spouse,
    (iii) a parent of the employee or a spouse of the parent, and
    (iv) any other person who is a member of a class of persons prescribed in subsection 23.1(1) of the Employment Insurance Act (Canada);
  (c) Care or support to a family member means:
    (i) providing psychological or emotional support;
    (ii) arranging for care by a third party; or
    (iii) directly providing or participating in the care.
  (d) Compassionate care leave may be taken over one or more periods.  Each period of compassionate care leave must be at least one (1) week.
  (e) If one or more family members who are employees apply for compassionate care, Deputy Heads will review operational requirements.
  (f) When requesting compassionate care, an employee must provide a medical certificate indicating the ill family member needs care or support and is at risk of dying within 26 weeks.
  (g) If the family member dies while an employee is on leave without pay for compassionate care, the leave without pay for compassionate care ceases. The employee must contact their supervisor and may request special leave.
 

LEAVE WITHOUT PAY FOR RELOCATION OF SPOUSE

21.07 (a) The Employer shall grant leave without pay for a period of one (1) year, at the request in writing of an employee whose spouse's position is permanently relocated or who accepts an appointment to another position either:
    (i) If the employee’s headquarters is in the Northwest Territories, leave under this clause will be granted if the employee’s spouse’s new position is within the Northwest Territories; but outside the employee’s headquarters area, or

    (ii) If the employee’s headquarters is in Nunavut, leave under this clause will be granted if the employee’s spouse’s new position is within Nunavut or the Northwest Territories but outside the employee’s headquarters area.

    If the employee does not obtain another position within the one (1) year period, the employee shall cease to be an employee at the end of the approved period of leave without pay.
  (b) Leave without pay granted under this Clause shall be deducted from the calculation of "continuous employment" for the purpose of calculating severance pay and vacation leave for the employee involved, except where the period of such leave is less than three (3) months. Time spent on such leave which is for a period of more than three (3) months shall not be counted for pay increment purposes.
 

CASUAL LEAVE

21.08 Employees may be granted casual leave with pay to a maximum of two (2) hours, with no charge against special leave credits, for the following purposes:
  (1) (a) Medical, Dental, School Authority and Legal Appointments

Whenever it is necessary for an employee to attend upon his/her doctor, dentist, lawyer, or appointments with school authorities during working hours he/she may be granted casual leave for these purposes.

    (b) Other Casual Leave

The Deputy Head may grant an employee casual leave for other purposes of a special or unusual nature.

  (2) Casual leave under 21.08(1)(a) may be extended to a maximum of four hours if:

    (a) travel within the Northwest Territories but outside of the employee’s community is required to attend a dental, legal or school authority appointment under 21.08(1)(a); and

    (b) access to the dental services, legal services or the required school authority is not provided in the employee’s community.

  (3) Casual leave under 21.08(1) and 21.08(2) may in all cases be granted only for the period of the appointment and travel to and from the appointment.
  (4) Employees may be granted casual leave with pay to a maximum of one day per occurrence where the employee's physician requires him/her to attend regular or recurring medical treatments and checkups. Such casual leave shall not be unreasonably denied.
  (5) With the concurrence of the Employer, in circumstances where an employee feels that he is unable to effectively continue to work due to an adverse situation occurring during regularly scheduled shift or workday hours, the employee will receive casual leave with pay for the remainder of that shift or work day. Said leave shall not be charged against any leave credits.