Compensation for Holidays Falling Within Vacation Schedule If a paid holiday falls on or is observed during an Employee's vacation period, she shall be allowed an additional vacation day with pay at a time mutually agreed upon by the Employer and the Employee.
Annual Vacation Leave 33.01 An Employee shall not take vacation leave without prior authorization from the Employer.
33.02 Vacation entitlements with pay, shall be as follows:
(a) an Employee who has completed less than twelve (12) full months' service as of December 31st, shall receive one and one-quarter (1 1/4) work days' vacation for each calendar month worked from the commencement of service, provided that when employment has commenced on or before the fifteenth (15th) day of any month, vacation entitlements shall be earned from the first (1st) day of that month, and when employment has commenced on or after the sixteenth (16th) day of any month vacation entitlements shall be earned from the first day of the following month;
(b) an Employee who has completed twelve (12) full calendar months' service as of December 31st, shall receive fifteen (15) work days' vacation;
(c) an Employee who has completed five (5) years' service as of December 31st shall in the subsequent year(s) receive twenty (20) work days' vacation;
(d) an Employee who has completed thirteen (13) years' service as of December 31st shall in the subsequent year(s) receive twenty-five (25) work days' vacation;
(e) an Employee who has completed twenty-one (21) years' service as of December 31st shall in the subsequent year(s) receive thirty (30) work days' vacation;
(f) an Employee who has completed thirty (30) years' service as of December 31st shall in the subsequent year(s) receive thirty-five (35) work days vacation.
33.03 All calculations which result in one quarter (1/4) or three quarters (3/4) work day fractions shall be rounded out to the next one half (1/2) or full day, whichever applies; except when vacation pay is paid out upon termination pursuant to Clause 33.11.
33.04 If a paid holiday falls during an Employee's annual vacation period, the Employee shall be granted an equivalent day of vacation credit.
33.05 An Employee shall earn vacation leave pursuant to Clause 33.02 when authorized the following absences:
(a) financially assisted Education Leave;
(b) sick leave or Workers' Compensation for the first forty-four (44) consecutive work days;
(c) any other authorized leave of absence with pay for the first twenty-two (22) work days.
33.06 Vacation leave may be taken in one continuous period or in separate periods.
33.07 Except as is otherwise provided herein, vacation leave in respect of each year of service shall be taken:
(a) within twelve (12) months after the end of that year; and
(b) at such time or times as may be approved by the Employer; or with the approval of the Employer, before the end of that year.
33.08 Notwithstanding the:
(a) other provisions of this Article, and subject to operational requirements, an Employee who so requests may be authorized to take vacation leave which has been earned at a specified time within the year in which it was earned, and the vacation leave to be taken by the Employee in the following year shall be correspondingly reduced.
(b) where a terminated Employee has taken more vacation than they are entitled, the Employer is authorized to recover the monies from the Employee’s final pay cheque.
33.09 Where an Employee is allowed to take any leave of absence, other than sick leave, in conjunction with a period of vacation leave, the vacation leave shall be deemed to precede the additional leave of absence, except in the case of maternity leave which may be authorized before or after vacation leave.
33.10 Once vacations are authorized they shall not be changed, other than in cases of emergency, except by mutual agreement.
33.11 An Employee shall not be paid cash in lieu of vacation earned but not taken, except upon termination, when the Employee shall be paid in cash for the total vacation entitlement standing to the Employee's credit at the termination date.
33.12 The Employer shall, subject to operational requirements make every reasonable effort to grant an Employee, upon request, at least two (2) weeks of annual vacation entitlement during the summer months.
Annual Vacation 9.1 An employee who, at the beginning of the calendar year, is not qualified under paragraph 9.2 hereof, shall be allowed one working day’s vacation with pay for each 25 days’ cumulative compensated service, or major portion thereof, during the preceding calendar year, with a maximum of 10 working days until qualifying for further vacation under paragraph 9.2.
9.2 Subject to the provision of Note 1 below, employees who, at the beginning of the calendar year have maintained a continuous employment relationship for at least 3 years and have completed at least 750 days of cumulative compensated service, shall have their vacation schedule on the basis of one working day’s vacation with pay for each 16 2/3 days of cumulative compensated service, or major portion thereof, during the preceding calendar year with a maximum of 15 working days; in subsequent years, they will continue vacation entitlement on the foregoing basis until qualifying for additional vacation under paragraph 9.3. NOTE 1: Employees covered by paragraph 9.2 will be entitled to vacation on the basis outlined therein if on fourth or subsequent service anniversary date they achieve 1,000 days of cumulative compensated service; otherwise their vacation entitlement will be calculated as set out in paragraph 9.1. Any vacation granted for which employees do not subsequently qualify will be deducted from their vacation entitlement in the next calendar year. If such employees leave the service for any reason prior to their next vacation the adjustment will be made at time of leaving.
9.3 Subject to the provisions of Note 2 below, employees who, at the beginning of the calendar year, have maintained a continuous employment relationship for at least 9 years and have completed at least 2,500 days of cumulative compensated service, shall have their vacation scheduled on the basis of one working days’ vacation with pay for each 12 1/2 days of cumulative compensated service, or major portion thereof, during the preceding calendar year, with a maximum of 20 working days; in subsequent years, they will continue vacation entitlement on the foregoing basis until qualifying for additional vacation under paragraph 9.4. NOTE 2: Employees covered by sub-paragraph 9.3 will be entitled to vacation on the basis outlined therein if on their tenth or subsequent service anniversary that they achieve 2,750 days of cumulative compensated service; otherwise their vacation entitlement will be calculated as set out in paragraph 9.2. Any vacation granted for which employees do not subsequently qualify will be deducted from their vacation entitlement in the next calendar year. If such employees leave the service for any reason prior to their next vacation, the adjustment will be made at time of leaving.
(a) Subject to the provisions of Note 2 below employees who, at the beginning of the calendar year, have, maintained a continuous employment relationship for at least 9 years and have completed at least 2,250 days of cumulative compensated service, shall have their vacation scheduled on the basis of one working day’s vacation with pay for each 12 1/2 days of cumulative compensated service, or major portion thereof, during the preceding calendar year, with a maximum of 20 working days; in subsequent years, they will continue vacation entitlement on the foregoing basis until qualifying for additional vacation under paragraph NOTE 2: Employees covered by sub-paragraph 9.3(a) will be entitled to vacation on the basis outlined therein if on their tenth of subsequent service anniversary date they achieve 2,500 days of cumulative compensated service; otherwise their vacation entitlement will be calculated as set out in paragraph 9.2. Any vacation granted for which employees do not subsequently qualify will be deducted from their vacation entitlement in the next calendar year. If such employees leave the service for any reason prior to their next vacation, the adjustment will be made at time of leaving.
9.4 Subject to the provisions of Note 3 below employees who, at the beginning of the calendar year, have maintained a continuous employment relationship for at least 19 years and have completed at least 4,750 days of cumulative compensated service, shall have their vacation scheduled on the basis of one working day’s vacation with pay for each 10 days of cumulative compensated service or major portion thereof, during the preceding calendar year with a maximum of 25 working days; in subsequent years, they will continue vacation entitlement on the foregoing basis until qualifying for additional vacation under paragraph 9.5. NOTE 3: Employees covered by paragraph 9.4 will be entitled to vacation on the basis outlined therein of in their twentieth or subsequent service anniversary date they achieve 5,000 days if cumulative compensated service; otherwise, their vacation entitlement will be calculated as set out in paragraph 9.3. Any vacation granted for which employees do not subsequently qualify will be deducted from their vacation entitlement in the next calendar year. If such employees leave the service for any reason prior to their next vacation, the adjustment will be made at time of leaving.
9.5 Subject to the provisions of Note 4 below, employees who at the beginning of the calendar year have maintained a continuous employment relationship for at least 28 years and have completed at least 7,000 days of cumulative compensated service shall have their vacation scheduled on the basis of one working day’s vacation with pay for each 8 1/2 days of cumulative compensated service, or major portion thereof, during the preceding calendar year, with maximum of 30 working days. NOTE 4: Employees covered by paragraph 9 5 will be entitled to vacation on the basis outlined therein if on their twenty-ninth or subsequent service anniversary date they achieve 7,250 days of cumulative compensated service; otherwise their vacation entitlement which employees do not subsequently qualify will be deducted from their vacation entitlement in the next calendar year. If such employees leave the service for any reason prior to their next vacation, the adjustment will be made at time of leaving.
(a) Scheduling an employee for five weeks vacation with the employee being paid for the sixth week vacation at pro rata rates; or
(b) Splitting the vacation on the basis of five weeks and one week.
ANNUAL VACATIONS 15.01 Employees shall be entitled to an annual vacation after one (1) year of employment with pay, calculated as follows:
(a) 3/52nds of the earnings of that year of service after one (1) year and each subsequent year thereafter, up to and including five (5) completed years of service;
(b) 4/52nds of the earnings for the year commencing after five (5) completed years of service and each subsequent year thereafter, up to ten (10) completed years of service;
(c) 5/52nds of the earnings after ten (10) completed years of service and each subsequent year thereafter.
15.02 For other than full-time employees, all vacation pay will be paid to employees on December 15th in each year unless the employee requests vacation pay when a holiday is taken. In such circumstances, the employee will receive vacation pay requested at that time or a portion of the payment at that time and the balance on December 15th. Part-time employees will be allowed to make two (2) such requests per year based on earnings to June 30th. Full-time employees will receive vacation pay when they take their vacation.
15.03 Employees who are hospitalized or make use of compassionate leave during their vacation period shall be credited with extra vacation time equivalent to the time used.
15.04 Vacations cannot be accumulated from one year to another.
15.05 When a statutory holiday occurs during an employee’s vacation, an extra day’s vacation shall be granted if the holiday is one for which the employee would have received pay if he/she had been working.
15.06 If the employment of an employee is terminated, the Employer shall pay him/her for any vacation time he/she has earned.
15.07 A vacation list shall be submitted to the employees requesting them to indicate their preference as to vacation dates. Both parties agree, however, that the vacation schedule must be practical insofar as the operation of the business is concerned and therefore the Employer is able to make a final decision as to how many and which employees would be able to take vacation at any particular time. Seniority shall prevail in the event of a conflict of vacation requests between employees.
Prime Time Vacation Period Subject to the provisions of this article, it is the intent of the parties that no employee will be restricted in the time of year they choose to take their vacation. The Employer will make every effort to allow employees to take their vacation during the period of April 15th to October 15th inclusive, which will be defined as the prime time vacation period.
Public Holidays falling within Annual Leave (a) If a Public Holiday, as prescribed in this Agreement, falls within an Employee’s annual leave the Public Holiday does not constitute part of the Employee’s annual leave and will be paid as ordinary hours.
Annual Leave 17.1 An employee shall be entitled to four weeks annual leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Unbroken Vacation Period An Employee shall receive an unbroken period of vacation unless mutually agreed upon between the Employee and the Employer.
Paid Vacation Except as otherwise provided in this Article, paid vacation shall be granted no later than the fiscal year immediately following the fiscal year in which it is earned. Following the completion of six (6) months of service, the employee shall be entitled to use earned paid vacation.
Form B - Contractor’s Annual Employment Report Throughout the term of the Contract by May 15th of each year the Contractor agrees to report the following information to the State Agency awarding the Contract, or if the Contractor has provided Contract Employees pursuant to an OGS centralized Contract, such report must be made to the State Agency purchasing from such Contract. For each covered consultant Contract in effect at any time between the preceding April 1st through March 31st fiscal year or for the period of time such Contract was in effect during such prior State fiscal year Contractor reports the:
1. Total number of Employees employed to provide the consultant services, by employment category.
2. Total number of hours worked by such Employees.
