Unpaid Leave Accrued compensatory time off may be used at the employee’s discretion, with management approval, after exhaustion of 100% sick leave (No. 3 above). However, FLSA compensatory time off shall not be counted against the employee’s four (4) month (nine [9] pay period [720 hours]) family or medical leave entitlement. Therefore, any use of FLSA compensatory time off under this Section shall extend the employee’s family or medical leave by the total amount of FLSA compensatory time off used.
Unpaid Leaves Employees on unpaid leaves may not participate in the matching program while on leave.
Pre-Paid Leave The Employer agrees to introduce a pre-paid leave program, funded solely by the employee, subject to the following terms and conditions:
(a) The plan is available to employees wishing to spread four (4) years’ salary over a five (5) year period or three (3) years’ salary over a four (4) year period, in accordance with Part LXVII of the Income Tax Regulations, Section 6801, to enable them to take a maximum one (1) year leave of absence following the four (4) years or three (3) years of salary deferral. The plan is not to provide benefits to employees on or after retirement.
(b) The employee must make written application to the appropriate Director at least three (3) months prior to the intended commencement date of the program (i.e., the salary deferral portion).
(c) The number of employees that may be absent at any one (1) time shall be three (3), with a maximum of one (1) per program or department, subject to operational requirements.
(d) Written applications will be reviewed by the appropriate Director or designate and granted subject to operational requirements. The principle of seniority shall govern in cases of suitable applications greater than the number outlined in (c). Decisions will be made twice a year, February 15th and September 15th.
(e) During the years of salary deferral, twenty percent (20%) or twenty-five percent (25%) as applicable, of the employee’s gross annual earnings will be deducted and held for the employee and will not be accessible to her or him until the year of the leave or upon withdrawal from the plan.
(f) The manner in which the deferred salary is held shall be at the discretion of the Employer.
(g) All deferred salary shall be paid to the employee at the commencement of leave or in accordance with such other payment schedule as may be agreed upon between the Employer and the employee.
(h) Accrued interest, if any, shall be payable to the employee in the year that it is earned.
(i) All benefits shall be kept whole during the years of salary deferral.
(j) During the year of the leave, seniority will be retained but will not accumulate. Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave. Employees shall become responsible for the full payment of premiums for any health and welfare benefits in which they are participating. Contributions to the Pension Plan will be in accordance with the Plan. Employees will not be eligible to participate in the disability income plan during the year of leave.
(k) An employee may withdraw from the plan only as a result of financial or other hardship, provided one (1) month’s notice is given to the Director. Deferred salary, plus accrued interest, if any, will be returned to the employee, within a reasonable period of time.
(l) If the employee terminates employment, the deferred salary held by the Employer plus accrued interest, if any, will be returned to the employee within a reasonable period of time. In case of the employee’s death, the funds will be paid to the employee’s estate.
(m) If the Employer intends to fill the temporary vacancy, then Article 10 shall apply. If the Employer is unable to find a suitable replacement, it may postpone the leave. The Employer will give the employee as much notice as is reasonably possible. The employee will have the option of remaining in the plan and rearranging the leave at a mutually agreeable time or of withdrawing from the plan and having the deferred salary, plus accrued interest, if any, paid out to the employee within a reasonable period of time.
(n) The employee will be reinstated to her or his former position unless the position has been discontinued in which case the employee may exercise her/his seniority to bump as per Article 11. The employee must plan to return for a minimum of one (1) year.
(o) Final approval for entry into the pre-paid leave program will be subject to the employee entering into a formal agreement with the Employer in order to authorize the Employer to make the appropriate deductions from the employee’s pay. Such agreement will include:
i) A statement that the employee is entering the pre-paid leave program in accordance with Article 13.10 of the Collective Agreement.
ii) The period of salary deferral and the period for which the leave is requested.
iii) The manner in which the deferral salary is to be held.
iv) The letter of application from the employee to enter the prepaid leave program will be appended to and form part of the written agreement.
Unpaid Leave - Union Business
(a) Short-term leave of absence without pay to a maximum of fourteen (14) days at one time shall be granted to employees designated by the Union to transact Union business including conventions and conferences unless this would unduly interrupt the operation of the department provided, however, that these designated employees shall be paid by the Employer for time lost in attending meetings during working hours whenever their attendance is requested by the Employer. The Union shall give reasonable notice to minimize disruption of the department and the Union shall make every effort to give a minimum of seven (7) days’ notice.
(b) Long-term leave of absence without pay shall be granted to employees designated by the Union to transact Union business for specific periods of not less than fourteen (14) days unless this would unduly interrupt the operation of the department. Such requests shall be made in writing sufficiently in advance to minimize disruption of the department. Employees granted such leave of absence shall retain all rights and privileges accumulated prior to obtaining such leave. Seniority shall continue to accumulate during such leave and shall apply to such provisions as annual vacations, increments and promotions.
(c) Leave of absence without pay shall be granted to employees designated by the Union for the purpose of collective bargaining. Seniority and all benefits shall accumulate during such leave.
(d) The foregoing provisions shall not limit the provisions of Article 5.10, 9.01, 9.02, 9.03, 11.05, 11.06, 12.01, 12.
(e) Every effort will be made by the Employer to retain employees on unpaid leave of absence for Union business on the Employer’s payroll and where such employees are retained, the Union shall reimburse the Employer for the wages and benefits involved. This provision does not apply to employees on extended leaves of absence who are employed by the Union on a regular full-time basis.
ACCRUED AND UNPAID AMOUNTS After giving effect to the withdrawals and transfers to be made in accordance with this notice, the following amounts will be accrued and unpaid with respect to all Monthly Periods preceding the current calendar month.
1. Subsection 4.06(a): The aggregate amount of all unreimbursed Class A Investor Charge-Offs $
2. Subsection 4.06(a), (b) and 4.08(a): The aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition thereof $
3. Subsection 4.06(a), (b), (c) and 4.08(a), (b) and (c): The aggregate amount by which the Collateral Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition thereof $
Violation; liability for unpaid wages; liquidated damages In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section.
Employment During Unpaid Maternity Leave Where less than the 52 weeks Other Parent Leave is taken paid or unpaid, the unused portion of the leave cannot be banked or preserved in any way.
Paid Leave Contributions will continue whilst a member of a fund is absent on paid annual leave, sick leave, long service leave, public holidays, jury service, bereavement leave, or other paid leave.
Unpaid Parental Leave (a) An employee is entitled to a period of up to 52 weeks unpaid parental leave in respect of the:
(i) birth of a child to the employee or employee’s partner; or
(ii) adoption of a child who is not the natural child or step child of the employee or employee’s partner; is under the age of five (5); and has not lived continuously with the employee for six (6) months or longer.
Unpaid Leave of Absence If an employee is on an unpaid leave of absence, then vacation leave, compensatory time, or sick leave cannot be used for the purpose of maintaining eligibility for an Employer Contribution by keeping the employee on a State payroll for one (1) working day per pay period.
