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 Leave Employees (other than casuals) will be entitled to four (4) weeks paid annual leave per annum, provided that Continuous Shiftworkers shall be entitled to one additional week’s paid annual leave.
Vacation Leave 11.1 Employees will retain and carry forward any eligible and unused vacation leave that was accrued prior to the effective date of this Agreement.
Payment for annual leave (a) Before going on annual leave, an employee will be paid the amount of wages they would have received for ordinary time worked had they not been on leave during that period.
(b) At the election of the employee such payments may be paid in accordance with the usual pay day relevant to the period of leave being taken.
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.
Taking Annual Leave 29.3.1 The Employer and Employee shall seek to reach agreement on a mutually convenient time (having regard to overall operational and staffing requirements of the Company) for annual leave to be taken by the Employee. Where such agreement, cannot be reached, the Employer may fix a time for an Employee’s annual leave to be taken within a period of six (6) months or less from the date when the right to take annual leave has accrued, after giving at least fourteen (14) days’ notice to the Employee.
29.3.2 An Employee is required to provide at least one (1) months’ notice of a request to take annual leave however, final approval shall lie with the Company.
29.3.3 At the Company’s discretion, it may allow an Employee to take annual leave before the right to take it has accrued, but where such leave is taken, a further period of leave shall not commence to accrue until after the expiration of the twelve (12) months service that was required to accrue the right to take the annual leave. Where annual leave or part thereof has been granted before the right to take it has accrued and the Employee subsequently leaves before completing the required twelve (12) months service, and the amount paid by the Employer to the Employee for the annual leave taken exceeds the amount the Employer is required to pay to the Employee on termination, the Employer shall not be liable to make any payment to the Employee for annual leave and shall be entitled to deduct the amount of excess from any remuneration payable to the Employee upon termination of employment.
29.3.4 Where an Employee has more than eight (8) weeks annual leave entitlement accrued to them, the Company may direct the Employee to take annual leave by providing a minimum four (4) weeks’ notice in writing to the employee. Such direction shall only apply to a maximum of one quarter of the leave credits owing to the employee.
29.3.5 The Company may direct Employees to take any accrued annual leave during the Company’s annual close down (i.e., Christmas/New Year period). Employees that do not apply for leave during this period may be required to take annual leave. Where Employees have not yet accrued such annual leave, the leave taken shall be treated as Leave without Pay. The business will provide a minimum of 2 months notice about this closure each year.
29.3.6 If a public holiday (as prescribed in this Agreement) falls within an Employee's annual leave and, is on a day which would have been an nominal working day, then extra time equivalent to the public holiday shall be added to the Employee's annual leave.
29.3.7 An Employee shall not offer their Service to any other Employer during the period the Employee is on paid annual leave and, the Employer shall not engage an Employee who is on paid annual leave.
Restoration of Vacation Leave In the event an employee is injured or becomes ill while on vacation leave, the employee may submit a written request to use sick leave and have the equivalent amount of vacation leave restored. The supervisor may require a written medical certificate.
Vacation Leave on Retirement An employee scheduled to retire and to receive pension benefits under the Public Service Pension Plan Rules or who has reached the mandatory retiring age, shall be granted full vacation entitlement for the final calendar year of service.
Payment of Annual Leave Upon resignation, retirement, or dismissal of any employee in the bargaining unit, he/she shall receive a sum equal to the number of days of annual leave remaining to his/her credit, provided that any or all amounts may be applied to offset any amounts owed the state by the employee. In the event of death of an employee while in the bargaining unit, a sum equal to the number of days annual leave remaining shall be paid to his/her estate.
Reinstatement of Vacation Days - Sick Leave In the event an employee is sick or injured prior to the commencement of his/her vacation, such employee shall be granted sick leave and the vacation period so displaced shall be added to the vacation period if requested by the employee and by mutual agreement, or shall be reinstated for use at a later date.