Unused Vacation ASF Members may accumulate unused vacation to any amount provided that once during each fiscal year each ASF Member's accumulation must be reduced to two hundred and seventy-five (275) hours or less, unless the President determines that the ASF Member is unable to utilize vacation leave because of the requirements of the individual’s assignment or because of physical incapacity. This reduction must be accomplished on or before last day of the fiscal year. If this reduction is not accomplished on or before the last day of the fiscal year, the ASF Member’s accumulation shall automatically be reduced to two hundred and seventy-five (275) hours effective on the last day of the fiscal year, and the amount of accumulation over two hundred and seventy-five (275) hours will transfer to the ASF Member’s bank of lapsed sick leave (See Article 18, section C, Subd.2). Vacation leave accrued during the pay period that includes the last day of a fiscal year, will be credited to each ASF Member’s balance after deductions are made for vacation used and/or reduced pursuant this Subdivision.
Vacation Carry Over (a) Except as otherwise provided in this Agreement, vacation leave for a period of not more than five (5) days may, with the consent of the immediate management supervisor, be carried over to the following year, but shall lapse if not used before the close of that year. Request for vacation carry over entitlement shall be made in writing by the Employee to the immediate management supervisor not later than January 31st of the year in which the vacation is earned, provided however that the immediate management supervisor may accept a shorter period of notice of the request. The immediate management supervisor shall respond in writing within one (1) calendar month of receiving an Employee’s request.
(b) An Employee scheduled to take vacation and who is unable to do so within the vacation year due to illness, injury, or where operational requirements prevent the immediate management supervisor from scheduling vacation shall be entitled to carry over this unused vacation to the subsequent year.
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.
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.
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.
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.
Vacation Period The choice of vacation periods shall be granted to employees on the basis of seniority with the Employer except where the period requested would be detrimental to the operation of the Employer.
Accrued Vacation It is further agreed by the parties hereto that, upon sale or transfer of ownership of any store or upon dissolution of business, vacation pay for all months worked for which no vacation pay has been given shall be immediately paid to all employees coming under this Agreement, regardless of length of time said employee has been with the Employer.
VACATIONS AND VACATION PAY 9.01 All employees who are covered under this Agreement shall receive vacation pay as a percent of the employee's total earnings exclusive of the Employer's contribution to the Union's Pension, Health Benefit Plan, Education and Assistance Fund and Industry Fund. Income tax shall be deducted weekly from the employee's earnings increased by the amount of vacation pay.
a. Employees shall, upon hire, receive ten percent (10%) vacation pay, and up to three weeks of vacation.
b. Employees with ten or more years of service with the Employer shall receive twelve percent (12%) vacation pay, and up to four weeks of vacation.
9.02 Vacation periods shall be arranged by mutual agreement between the Employer and each employee. Employees shall be granted their vacation periods as requested insofar as it is practical and in accordance with seniority, unless the Employer decides to grant all vacations at one time, in which case the Employer shall give the employees at least six (6) weeks advance notice.
9.03 The Employer agrees to remit the Vacation Pay of each employee as agreed upon in 9.01 of this Agreement and in accordance with the regulation set by the Employment Standards Branch, Ministry of Labour, monthly before, but not later than the fifteenth of the following month to the Union using a separate cheque marked "Vacation Pay", accompanied by a list on which all deductions and contributions as mentioned in 6.01, 13.02, 14.02a, 14.02b, 18.01, 19.01 and Schedule "A" are recorded.
9.04 In accordance with the agreement with the Employment Standards Branch, Ministry of Labour, the Board of Trustees of the Union's Vacation Pay Trust Fund, is obligated to take any steps which may be available to them either in law or in equity or in bankruptcy as may be necessary or desirable to effect collection from delinquent Employers. All costs incurred in the collection of said payment will be charged to such defaulting Employer.
9.05 The Employer agrees to give the auditor of the Union's Trust Fund the privilege to examine the Employer's records concerning hours and monies forwarded to the Union, if and when the auditor so desires. Any date for such an examination will be pre-arranged in writing between the auditor, the Employer and the Union.
