Common use of CALCULATION OF PAY FOR STATUTORY HOLIDAYS Clause in Contracts

CALCULATION OF PAY FOR STATUTORY HOLIDAYS. (a) For the purposes of this Article 13, and subject to the provisions of Paragraphs (b), (c) and (d), a normal day's pay shall be calculated by multiplying (i) an employee's normal straight time hourly wage rate, exclusive of all premium payments, by (ii) the straight time hours he actually worked during the two (2) week period immediately preceding the week in which the statutory holiday occurs, divided by ten (10), and by calculating the resulting product to two places of decimals. (b) Whenever Christmas Day or Boxing Day occur during the two (2) week period immediately preceding the week in which Boxing Day or New Year's Day occur, then for the purpose of calculating a normal day's pay for Boxing Day or New Year's Day in the case of an employee who had performed work on the immediately preceding Christmas Day or Boxing Day, the number of hours which shall be deemed to have been worked by him on Christmas Day or Boxing Day, shall be the greater of (i) the number of hours actually worked by him on the holiday, to a maximum of eight (8); or (ii) the number of hours credited to him for the holiday pursuant to the formula contained in Paragraph (a). (c) In any case where an employee who has established eligibility to receive pay for a statutory holiday pursuant to the provisions of Article 13.02, was, if a regular employee, scheduled to work for less hours on Christmas Day or Boxing Day than the length of his normal shift for the day on which the holiday occurs, or was absent from work during the two (2) week period immediately preceding the week in which such statutory holiday occurs, for any of the reasons specified in Paragraph (d), the calculation of a normal day's pay shall incorporate the number of straight time hours actually worked by the employee in the most recent two (2) week period worked by him/her in which he/she was not absent. (d) The reasons which are referred to in Paragraph (c), and which, when approved by the Employer, shall be considered to be legitimate absences for the purpose of determining the number of hours to be incorporated into the formula for calculating a normal day's pay, are: adoption leave; anniversary of employment holiday leave; annual vacation leave; bereavement leave; leave of absence pursuant to Article 16.02(a); leave of absence to appear as a witness pursuant to Article 16.03; leave of absence to serve on a jury or as a witness for the Crown; maternity leave; paternity leave; statutory holiday leave; receipt of weekly indemnity benefits pursuant to the GVHEA/Local 40 Health Care Plan; on leave of absence as the result of a bona fide injury which would have qualified for weekly indemnity benefits pursuant to the GVHEA/Local 40 Health Care Plan except for the existence of any waiting period or eligibility restrictions established by the Trustees of the said Plan; or receipt of time-loss benefits paid by the Workers' Compensation Board. (e) In any case where an employee who has established eligibility to receive pay for a statutory holiday pursuant to the provisions of Article 13.02, was absent from work during the two (2) week period immediately preceding the week in which such statutory holiday occurs, on a leave of absence approved pursuant to Article 16.02 (a) of the Agreement, the Union shall, upon being billed by the Employer, reimburse to the Employer such portion of the employee's normal day's pay for such statutory holiday as results from the leave of absence.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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CALCULATION OF PAY FOR STATUTORY HOLIDAYS. (a) For the purposes of this Article 13, and subject to the provisions of Paragraphs (b), (c) and (d), a normal day's pay shall be calculated by multiplying (i) an employee's normal straight time hourly wage rate, exclusive of all premium payments, by (ii) the straight time hours he actually worked during the two (2) week period immediately preceding the week in which the statutory holiday occurs, divided by ten (10), and by calculating the resulting product to two places of decimals. (b) Whenever Christmas Day or Boxing Day occur during the two (2) week period immediately preceding the week in which Boxing Day or New Year's Day occur, then for the purpose of calculating a normal day's pay for Boxing Day or New Year's Day in the case of an employee who had performed work on the immediately preceding Christmas Day or Boxing Day, the number of hours which shall be deemed to have been worked by him on Christmas Day or Boxing Day, shall be the greater of (i) the number of hours actually worked by him on the holiday, to a maximum of eight (8); or (ii) the number of hours credited to him for the holiday pursuant to the formula contained in Paragraph (a). (c) In any case where an employee who has established eligibility to receive pay for a statutory holiday pursuant to the provisions of Article 13.02, was, if a regular employee, scheduled to work for less hours on Christmas Day or Boxing Day than the length of his normal shift for the day on which the holiday occurs, or was absent from work during the two (2) week period immediately preceding the week in which such statutory holiday occurs, for any of the reasons specified in Paragraph paragraph (d), the calculation of a normal day's pay shall incorporate incorporate: (i) where the Employer and the employee are able to agree on the amount, the number of straight time hours which the employee would have worked during the immediately preceding two (2) week period if he had not been absent; or (ii) where no such agreement is possible between the Employer and the employee, the number of straight time hours actually worked by the employee in the most recent two (2) week period worked by him/her him in which he/she he was not absent. (d) The reasons which are referred to in Paragraph paragraph (c), and which, when approved by the Employer, shall be considered to be legitimate absences for the purpose of determining the number of hours to be incorporated into the formula for calculating a normal day's pay, are: adoption leave; anniversary of employment holiday leave; annual vacation leave; bereavement leave; leave of absence pursuant to Article 16.02(a); leave of absence to appear as a witness pursuant to Article 16.03; leave of absence to serve on a jury or as a witness for the Crown; maternity leave; paternity leave; statutory holiday leave; receipt of weekly indemnity benefits pursuant to the GVHEA/Local 40 Health Care Plan; on leave of absence as the result of a bona fide injury which would have qualified for weekly indemnity benefits pursuant to the GVHEA/Local 40 Health Care Plan except for the existence of any waiting period or eligibility restrictions established by the Trustees of the said Plan; or receipt of time-loss benefits paid by the Workers' Compensation Board. (e) In any case where an employee who has established eligibility to receive pay for a statutory holiday pursuant to the provisions of Article 13.02, was absent from work during the two (2) week period immediately preceding the week in which such statutory holiday occurs, on a leave of absence approved pursuant to Article 16.02 (a) of the Agreement, the Union shall, upon being billed by the Employer, reimburse to the Employer such portion of the employee's normal day's pay for such statutory holiday as results from the leave of absence.

Appears in 1 contract

Samples: Collective Agreement

CALCULATION OF PAY FOR STATUTORY HOLIDAYS. (a) For the purposes of this Article 13, and subject to the provisions of Paragraphs paragraphs (b), (c) and (d), a normal day's pay shall be calculated by multiplying: (i) an employee's normal straight time hourly wage rate, exclusive of all premium payments, by (ii) the straight time hours he actually worked during the two (2) week period immediately preceding the week in which the statutory holiday occurs, divided by ten (10), and by calculating the resulting product to two places of decimals. (b) Whenever Christmas Day or Boxing Day occur during the two (2) week period immediately preceding the week in which Boxing Day or New Year's Day occur, then for the purpose of calculating a normal day's pay for Boxing Day or New Year's Day in the case of an employee who had performed work on the immediately preceding Christmas Day or Boxing Day, the number of hours which shall be deemed to have been worked by him on Christmas Day or Boxing Day, shall be the greater of: (i) the number of hours actually worked by him on the holiday, to a maximum of eight (8); or (ii) the number of hours credited to him for the holiday pursuant to the formula contained in Paragraph paragraph (a). (c) In any case where an employee who has established eligibility to receive pay for a statutory holiday pursuant to the provisions of Article 13.02, was, if a regular employee, scheduled to work for less hours on Christmas Day or Boxing Day than the length of his normal shift for the day on which the holiday occurs, or was absent from work during the two (2) week period immediately preceding the week in which such statutory holiday occurs, for any of the reasons specified in Paragraph paragraph (d), the calculation of a normal day's pay shall incorporate incorporate (i) where the Employer and the employee are able to agree on the amount, the number of straight time hours which the employee would have worked during the immediately preceding two (2) week period if he had not been absent; or (ii) where no such agreement is possible between the Employer and the employee, the number of straight time hours actually worked by the employee in the most recent two (2) week period worked by him/her him in which he/she he was not absent. (d) The reasons which are referred to in Paragraph paragraph (c), and c),and which, when approved by the Employer, shall be considered to be legitimate absences for the purpose of determining the number of hours to be incorporated into the formula for calculating a normal day's pay, are: adoption leave; anniversary of employment holiday leave; annual vacation leave; bereavement leave; leave of absence pursuant to Article 16.02(a); leave of absence to appear as a witness pursuant to Article 16.03; leave of absence to serve on a jury or as a witness for the Crown; maternity leave; paternity leave; statutory holiday leave; receipt of weekly indemnity benefits pursuant to the GVHEA/Local 40 Health Care Plan; on leave of absence as the result of a bona fide injury which would have qualified for weekly indemnity benefits pursuant to the GVHEA/Local 40 Health Care Plan except for the existence of any waiting period or eligibility restrictions established by the Trustees of the said Plan; or receipt of time-loss benefits paid by the Workers' Compensation Board. (e) In any case where an employee who has established eligibility to receive pay for a statutory holiday pursuant to the provisions of Article 13.02, was absent from work during the two (2) week period immediately preceding the week in which such statutory holiday occurs, on a leave of absence approved pursuant to Article 16.02week (a) of the Agreement, the Union shall, upon being billed by the Employer, reimburse to the Employer such portion of the employee's normal day's pay for such statutory holiday as results from the leave of absence.

Appears in 1 contract

Samples: Collective Agreement

CALCULATION OF PAY FOR STATUTORY HOLIDAYS. (a) For the purposes of this Article 13, and subject to the provisions of Paragraphs (b), (c) and (d), a normal day's pay shall be calculated by multiplying (i) an employee's normal straight time hourly wage rate, exclusive of all premium payments, by (ii) the straight time hours he actually worked during the two (2) week period immediately preceding the week in which the statutory holiday occurs, divided by ten (10), and by calculating the resulting product to two places of decimals. (b) Whenever Christmas Day or Boxing Day occur during the two (2) week period immediately preceding the week in which Boxing Day or New Year's Day occur, then for the purpose of calculating a normal day's pay for Boxing Day or New Year's Day in the case of an employee who had performed work on the immediately preceding Christmas Day or Boxing Day, the number of hours which shall be deemed to have been worked by him on Christmas Day or Boxing Day, shall be the greater of (i) the number of hours actually worked by him on the holiday, to a maximum of eight (8); or (ii) the number of hours credited to him for the holiday pursuant to the formula contained in Paragraph (a). (c) In any case where an employee who has established eligibility to receive pay for a statutory holiday pursuant to the provisions of Article 13.02, was, if a regular employee, scheduled to work for less hours on Christmas Day or Boxing Day than the length of his normal shift for the day on which the holiday occurs, or was absent from work during the two (2) week period immediately preceding the week in which such statutory holiday occurs, for any of the reasons specified in Paragraph (d), the calculation of a normal day's pay shall incorporate incorporate: (i) where the Employer and the employee are able to agree on the amount, the number of straight time hours which the employee would have worked during the immediately preceding two (2) week period if he had not been absent; or (ii) where no such agreement is possible between the Employer and the employee, the number of straight time hours actually worked by the employee in the most recent two (2) week period worked by him/her him in which he/she he was not absent. (d) The reasons which are referred to in Paragraph (c), and which, when approved by the Employer, shall be considered to be legitimate absences for the purpose of determining the number of hours to be incorporated into the formula for calculating a normal day's pay, are: adoption leave; anniversary of employment holiday leave; annual vacation leave; bereavement leave; leave of absence pursuant to Article 16.02(a); leave of absence to appear as a witness pursuant to Article 16.0315.03; leave of absence to serve on a jury or as a witness for the Crown; maternity leave; paternity leave; statutory holiday leave; receipt of weekly indemnity benefits pursuant to the GVHEA/Local 40 Health Care Plan; on leave of absence as the result of a bona fide injury which would have qualified for weekly indemnity benefits pursuant to the GVHEA/Local 40 Health Care Plan except for the existence of any waiting period or eligibility restrictions established by the Trustees of the said Plan; or receipt of time-time- loss benefits paid by the Workers' Compensation Board. (e) In any case where an employee who has established eligibility to receive pay for a statutory holiday pursuant to the provisions of Article 13.02, was absent from work during the two (2) week period immediately preceding the week in which such statutory holiday occurs, on a leave of absence approved pursuant to Article 16.02 (a) of the Agreement, the Union shall, upon being billed by the Employer, reimburse to the Employer such portion of the employee's normal day's pay for such statutory holiday as results from the leave of absence.

Appears in 1 contract

Samples: Collective Agreement

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CALCULATION OF PAY FOR STATUTORY HOLIDAYS. (a) For the purposes pur of this Article 13, and subject to the provisions of Paragraphs (b), (c) and (d), a normal day's ’s pay shall be calculated by multiplying (i) multiplying an employee's ’s normal straight time hourly wage rate, exclusive of all premium payments, by (ii) by the straight time hours he actually worked during the two (2) week period immediately preceding receding the week in which the statutory holiday occurs, divided by ten (10), and by calculating the resulting product to two places of decimals. (b) Whenever Christmas Day or Boxing Day occur during the two (2) week period immediately preceding receding the week in which Boxing Day or New Year's Day ’s occur, then for the purpose of calculating a normal day's ’s pay for Boxing Day or New Year's ’s Day in the case of an employee employ- ee who had performed work on the immediately preceding preced- ing Christmas Day or Boxing Day, the number of hours which shall be deemed to have been worked by him on Christmas Day or Boxing Day, shall be the greater of (i) of the number of hours actually worked by him on the holiday, to a maximum of eight (8); or (ii) or the number of hours credited to him for the holiday pursuant to the formula contained in Paragraph (a). (c) . In any case where an employee em who has established estab- lished eligibility to receive pay for a statutory holiday pursuant to the provisions of Article 13.02, was, if a regular employee, em scheduled to work for less hours on Christmas Day or Boxing Day than the length of his normal nor- mal shift for the day on which the holiday occurs, or was absent from work during the two (2) week period immediately imme- diately preceding the week in which such statutory holiday holi- day occurs, for any of the reasons specified in Paragraph (d), the calculation of a normal day's ’s pay shall incorporate o rate the number of straight time hours actually worked by the employee in the most recent two (2) week period worked by him/her in which he/she was not absent. (d) . The reasons which are referred to in Paragraph (c), and which, when when,approved by the Employer, shall be considered to be legitimate absences for the purpose of determining the number of hours to be incorporated into the formula for calculating a normal day's ’s pay, are: adoption adop- tion leave; anniversary of employment holiday leave; annual an- nual vacation leave; bereavement leave; leave of absence pursuant to Article 16.02(a); leave of absence to appear as a witness pursuant to Article 16.03; leave 16.03;leave of absence to serve on a jury or as a witness for the Crown; maternity leave; paternity leave; statutory holiday leave; receipt of weekly t indemnity benefits pursuant to the GVHEA/Local 40 Health Care Plan; on leave of absence as the result of a bona fide injury which would have qualified for weekly indemnity benefits pursuant to the GVHEA/Local 40 Health Care Plan except for the existence of any waiting period or eligibility restrictions established by the Trustees of the said Plan; or receipt of time-loss benefits paid by the Workers' Compensation Board. (e) In any case where an employee who has established eligibility to receive pay for a statutory holiday pursuant to the provisions of Article 13.02, was absent from work during the two (2) week period immediately preceding the week in which such statutory holiday occurs, on a leave of absence approved pursuant to Article 16.02 (a) of the Agreement, the Union shall, upon being billed by the Employer, reimburse to the Employer such portion of the employee's normal day's pay for such statutory holiday as results from the leave of absence.

Appears in 1 contract

Samples: Collective Agreement

CALCULATION OF PAY FOR STATUTORY HOLIDAYS. (a) For the purposes of this Article 13, and subject to the provisions of Paragraphs (b), (c) and (d), a normal day's pay shall be calculated by multiplying (i) an employee's normal straight time hourly wage rate, exclusive of all premium payments, by (ii) the straight time hours he actually worked during the two (2) week period immediately preceding the week in which the statutory holiday occurs, divided by ten (10), and by calculating the resulting product to two places of decimals. (b) Whenever Christmas Day or Boxing Day occur during the two (2) week period immediately preceding the week in which Boxing Day or New Year's Day occur, then for the purpose of calculating a normal day's pay for Boxing Day or New Year's Day in the case of an employee who had performed work on the immediately preceding Christmas Day or Boxing Day, the number of hours which shall be deemed to have been worked by him on Christmas Day or Boxing Day, shall be the greater of (i) the number of hours actually worked by him on the holiday, to a maximum of eight (8); or (ii) the number of hours credited to him for the holiday pursuant to the formula contained in Paragraph (a). (c) In any case where an employee who has established eligibility to receive pay for a statutory holiday pursuant to the provisions of Article 13.02, was, if a regular employee, scheduled to work for less hours on Christmas Day or Boxing Day than the length of his normal shift for the day on which the holiday occurs, or was absent from work during the two (2) week period immediately preceding the week in which such statutory holiday occurs, for any of the reasons specified in Paragraph (d), the calculation of a normal day's pay shall incorporate the number of straight time hours actually worked by the employee in the most recent two (2) week period worked by him/her in which he/she was not absent. (d) The reasons which are referred to in Paragraph (c), and which, when approved by the Employer, shall be considered to be legitimate absences for the purpose of determining the number of hours to be incorporated into the formula for calculating a normal day's pay, are: adoption leave; anniversary of employment holiday leave; annual vacation leave; bereavement leave; leave of absence pursuant to Article 16.02(a); leave of absence to appear as a witness pursuant to Article 16.03; leave of absence to serve on a jury or as a witness for the Crown; maternity leave; paternity leave; statutory holiday leave; receipt of weekly indemnity benefits pursuant to the GVHEA/Local 40 Health Care Plan; on leave of absence as the result of a bona fide injury which would have qualified for weekly indemnity benefits pursuant to the GVHEA/Local 40 Health Care Plan except for the existence of any waiting period or eligibility restrictions established by the Trustees of the said Plan; or receipt of time-loss benefits paid by the Workers' Compensation Board. (e) In any case where an employee who has established eligibility to receive pay for a statutory holiday pursuant to the provisions of Article 13.02, was absent from work during the two (2) week period immediately preceding the week in which such statutory holiday occurs, on a leave of absence approved pursuant to Article 16.02 (a) of the Agreement, the Union shall, upon being billed by the Employer, reimburse to the Employer such portion of the employee's normal day's pay for such statutory holiday as results from the leave of absence.incorporate:

Appears in 1 contract

Samples: Collective Agreement

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