LEAVE AND PUBLIC HOLIDAYS 38 Annual Leave
38.1 Employees (other than casuals) will be entitled to 4 weeks paid annual leave per annum, provided that Continuous Shiftworkers shall be entitled to one additional week’s paid annual leave.
38.2 An Employee’s entitlement to paid annual leave accrues progressively during a year of service according to the Employee’s ordinary hours of work, and accumulates from year to year.
38.3 The Employer must maintain a leave accrual system that accurately accrues annual leave progressively throughout the year in accordance with this Agreement.
38.4 Annual Leave is paid at the Ordinary Rate being paid to the Employee immediately prior to the taking of the Annual Leave, plus 17.5% loading.
38.5 Taking of Annual leave
(a) Other than the Easter and Christmas Shutdown outlined in clause 38.7, the Employer and Employee shall seek to reach agreement on the taking of annual leave at a mutually convenient time. The Employer will not otherwise unreasonably refuse an Employee’s request to take annual leave.
(b) The Employer cannot otherwise direct an Employee to take Annual Leave unless the Employer directs an Employee to take excessive accrued Annual Leave in accordance with clauses 38.6 – 38.8 of the Award.
Public Holidays 10.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned)
10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday:
a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work.
b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003.
c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday.
10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee.
10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003.
10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003.
10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked.
10.7 Off duty day upon which the employee does not work:
a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday.
b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay.
10.8 Public holidays falling during leave:
a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.
Public Holiday Work (a) For Employees other than Shiftworkers, double time and a half must be paid for any Public Holiday Work with a minimum payment of four hours.
(b) For Shiftworkers, double time and a half (inclusive of their shift loading) must be paid for any Public Holiday Work with a minimum payment of four hours.
STATUTORY HOLIDAYS a) All hourly-rated employees who work on New Year’s Day, Good Friday, Victoria Day, Dominion Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day and Boxing Day shall be paid rate and one-half for all hours so worked.
b) In the event one of the Statutory Holiday falls on a Sunday, the previous Friday or the following Monday shall be observed as the Holiday. In the event that one of the within named Statutory Holidays fall on Saturday, it shall be observed the preceding Friday or succeeding Monday as agreed between the Company and the Plant Committee.
c) In the event of a Statutory Holiday falling on a Tuesday, Wednesday or Thursday, and where the Company and Plant Committee mutually agree, the said holiday may be observed the preceding Monday or following Friday respectively.
d) At the option of the Company, but whenever possible, by mutual agreement with the Plant Committee, either Good Friday or Easter Monday shall become the designated Easter Holiday, and the Company shall notify its employees of the designation at least one (1) week prior to the said Holiday.
e) When a Statutory Holiday falls on a Friday, employees working on a Tuesday to Saturday work week, by mutual agreement between the Company and the Plant Committee may work on the Friday Statutory Holiday at the straight time job rates and substitute Saturday as the Statutory Holiday.
f) In the case of a maintenance employee where one of the Statutory Holidays is observed on his/her rest day, he/she shall have a day off without pay in lieu thereof at a mutually agreeable time.
g) Not withstanding the above, in logging, a Statutory Holiday may be observed on another mutually agreed upon day in a week other than the week in which it occurs. An employee who qualifies for such Statutory Holiday on the day it occurs, and works on that day, will be paid for the Statutory Holiday at straight time rates.
a) All hourly-rated and piece work employees who qualify for the paid holiday under the conditions set out below shall be paid for the holiday at their regular job rate of pay for their regular rate work schedule. The Parties hereto agree that the paid Statutory Holidays shall be as follows: New Year’s Day British Columbia Day Good Friday Labour Day Victoria Day Thanksgiving Day Dominion Day Remembrance Day Christmas Day Boxing Day
b) Piece-work employees shall receive pay for the statutory holidays for which they qualify, based on the daily average earnings for the days actually worked during the previous thirty (30) working days.
c) All hourly-rated employees working on a paid holiday shall receive rate and one-half for hours worked on such day in addition to the holiday pay to which he/she may be entitled.
d) Xxxx and bunkhouse employees who work on a statutory holiday shall receive at the end of their regular work schedule, an additional day off with pay to be added to their leave and vacation allowance accumulated in accordance with Article VII, Section 3.
e) To qualify for statutory holidays, an employee must have been on the Company payroll for the thirty (30) calendar days immediately preceding the statutory holiday and must have worked his/her last regularly scheduled work day before, and his/her first regularly scheduled work day after the holiday, unless his/her absence is due to a compensable injury or illness, which occurred within six (6) months of the holiday, or the employee is on authorized leave of absence in accordance with Section 2 or 3 of Article IX.
f) In the case of illness or injury, the Company shall have the right to request a certificate from a qualified medical practitioner.
g) Notwithstanding any of the foregoing provisions, the employee must have worked one (1) day before and one (1) day after the holiday, both of which must fall within a period of ninety (90) calendar days.
Holiday Rules The following rules apply to all holidays except the personal holiday:
A. Employees will be paid at a straight-time rate even though they do not work.
B. In addition to Subsection A above, employees will be paid for the hours actually worked on a holiday at the overtime rate, in accordance with Article 7, Overtime.
C. For full-time employees with a Monday-through-Friday work schedule:
1. When a holiday falls on a Saturday, the Friday before will be the holiday.
2. When a holiday falls on a Sunday, the following Monday will be the holiday.
D. For full-time employees who do not have a Monday-through-Friday work schedule:
1. When a holiday falls on the employee’s scheduled workday, that day will be considered the holiday.
2. When a holiday falls on the employee’s scheduled day off, the agency will treat the employee’s workday before or after as the holiday.
3. Upon approval, an employee may schedule an alternate day off as their holiday as long as the requested day off falls within the same pay period as the holiday or in either workweek adjacent to that pay period.
E. The holiday for night shift employees whose work schedules begin on one calendar day and ends on the next will be determined by the agency. It will start either at:
1. The beginning of the scheduled night shift that begins on the calendar holiday, or
2. The beginning of the shift that precedes the calendar holiday. The decision will be the same for all employees in a facility unless there is agreement to do otherwise between the agency and one (1) or more affected employees, or with the Union, which will constitute agreement of the employees.
F. Part-time employees who were employed before and after the holiday and for a period of at least twelve (12) calendar days during the month (but not including the holiday) will be compensated in cash or compensatory time for the holiday in an amount proportionate to the time in pay status during the month to that required for full-time employment.
G. A full-time employee will qualify for holiday compensation if they are employed before the holiday and is in pay status:
1. For the entire work shift preceding the holiday; or
2. For at least eighty (80) non-overtime or non-standby hours during the month, not counting the holiday.
Overtime Holidays Double time the regular rate for work on the following holiday(s). New Year's Day
GENERAL HOLIDAYS 8.01 The following days shall be considered as General Holidays. An employee’s pay for a general holiday shall be as set out in Articles 8.03 and 8.04 below and Article 6.03: New Year’s Day Labour Day Xxxxx Xxxx Day Thanksgiving Day Good Friday Remembrance Day Victoria Day Christmas Day Canada Day Boxing Day Civic Holiday and any other day or portion of a day generally observed by the retail grocery and meat stores and designated as a holiday by the Company.
8.02 In order for a full-time or part-time employee to receive pay for a general holiday, they must:
(1) not have been voluntarily absent from work on the scheduled work day prior to and following such holiday;
(2) have worked their full, regular designated weekly hours for the week in which holidays, a holiday, or portion of a holiday occur, except for bona-fide illness. Any employee on leave of absence (except employees disentitled for general holiday pay as set out in the following paragraph) granted by the Company, at the request of the employee, shall not qualify for a general holiday with pay if they are absent on both their last scheduled work day prior to, and their first scheduled work day following the general holiday. Any employee receiving a payment under the Company’s Weekly Indemnity Benefit Plan, or Workers Compensation, for the full week in which the General Holiday(s) occurs, and requests for time off for vacation purposes as set out in Article 11.16, shall not be entitled to general holiday pay.
8.03 Eligible full-time employees shall suffer no reduction in their pay for a general holiday as set out in 8.01 above.
8.04 Eligible part-time employees shall be compensated as follows:
(a) All part-time employees who have been employed thirty (30) calendar days or more and have worked an average of at least thirty-two (32) hours or more per week in the four (4) weeks preceding the week in which a general holiday occurs, shall receive eight (8) hours’ pay at their regular, hourly rate for each holiday.
(b) All part-time employees who have been employed thirty (30) calendar days or more and have worked an average of at least twenty (20) hours a week, but less than thirty-two (32) hours per week in the four
Legal Holidays In any case where the date on which any payment is due shall not be a Business Day, then (notwithstanding any other provision of the Notes or this Indenture) payment need not be made on such date, but may be made on the next succeeding Business Day with the same force and effect as if made on the date on which nominally due, and no interest shall accrue for the period from and after any such nominal date.
Holidays Worked When an employee works on a calendar holiday, he/she shall receive payment of the holiday at the regular rate and in addition, at the discretion of the Employer, (1) be paid at the rate of time and one half for hours actually worked on the holiday or (2) be given compensatory time off equal to one and one half the number of hours actually worked.
PLANT HOLIDAYS 21:01 The following shall be recognized as statutory holidays: New Years Day Labour Day
(a) Where any of the above mentioned holidays fall on a Sunday, the Monday following will be recognized as a holiday. If the holiday falls on a Saturday, the Company will designate the preceding Friday, or the following Monday to be observed as the holiday. The Company and Union Committee may agree on other arrangements.
(b) Where any of the above mentioned holidays fall on a Tuesday, Wednesday or Thursday the Company and Union Committee by mutual agreement may designate the preceding Monday or following Friday to be observed as the holiday.
(c) The Company and Union Committee may mutually agree on arrangements, whereby time that normally would be paid at overtime rates may be worked at straight time rates and substituted for a normal working day or any other arrangements that the two parties deem suitable.
(d) All employees who have acquired seniority shall receive payment for such holidays based on their base rate multiplied by the number of hours which would normally have been worked on such day, subject to the following conditions: To be eligible for holiday pay, an employee must work the full of the work day immediately preceding the holiday and the full of the work day immediately following such holiday. Provided that this restriction shall not apply to:
(i) An employee who has been absent and receiving Workers’ Compensation or sick benefits under the group insurance plan up to but not including the statutory holiday where such employee works the full work day immediately following such holiday.
(ii) Nor shall this restriction apply to an employee who has worked the full workday immediately preceding such holiday but who is absent and received Workers’ Compensation or sick benefits under the group insurance plan for the work day immediately following such holiday.
(iii) Nor shall this restriction apply to an employee who is absent either the work day immediately preceding or the work day immediately following such holiday by reason of bereavement as provided in Article 20:04.
(iv) Nor shall this restriction apply to those persons granted a written leave of absence.
(v) Nor shall this restriction apply to an employee who has been late up to seventy five (75) spaces (forty five (45) minutes) the work day immediately preceding the holiday or the work day immediately following such holiday.
21:02 An employee shall receive any overtime pay to which he/she is entitled in accordance with Articles 12:01 and 12:02 for the work that he/she performs on such statutory holiday, in addition to his/her holiday pay.
21:03 For the purposes of clarity, the parties agree that the benefit provided in this article constitute a greater right or benefit than provided for in the Employment Standards Act.
