Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she: (i) has completed six (6) months of continuous employment before the commencement of parental leave without pay, (ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec Parental Insurance Plan in respect of insurable employment with the Employer, and (iii) has signed an agreement with the Employer stating that: (A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave; (B) Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B), if applicable; (C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty (30) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B). (b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C). (c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following: (i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period; (ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period. (iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act. (d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits. (e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec. (f) The weekly rate of pay referred to in paragraph (c) shall be: (i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay; (ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period. (g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed. (h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day. (i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly. (j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay. (k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 5 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental benefits pursuant to section 23 of the Employment Insurance Act, or parental, paternity or adoption benefits under the Employment Insurance or Québec Quebec Parental Insurance Plan Plan, in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/his or her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B38.02 (a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section (A) or should he or she return to work but fail to work the total period specified in section (B), he or she will be indebted to the Employer for reasons other than an amount determined as follows: allowance received × remaining period to be worked following his or her return to work total period to be worked as specified in (B)
(D) the repayment provided for in (C) will not apply in situations of :
(i) death, lay-,
(ii) lay off, ,
(iii) early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B),
(iv) the end of a specified period of employment, if the employee is rehired by the Agency, an organization listed in Schedules I or IV of the Financial Administration Act , the Canadian Food Inspection Agency, or Parks Canada, within ninety (90) days following the end of the specified period of employment, and who fulfils the obligations specified in section (B),
(v) having become disabled as defined in the Public Service Superannuation Act, he ; or
(vi) the employee is appointed to a position with an organization listed in Schedules I or she will be indebted to the Employer for the full amount IV of the parental allowance he or she has received. Should he or she return to work but fail to work Financial Administration Act, the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)Canadian Food Inspection Agency, or having become disabled as defined in the Public Service Superannuation ActParks Canada, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty (30) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet fulfills the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec Quebec Parental Insurance Plan in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work with any employer as defined in the FPSLRA on the expiry date of his/his or her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following following his or her return to workwork with any employer as defined in the FPSLRA, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B24.03 (a) (iii) (B), if applicable;
(C) should he or she fail to return to work with any employer as defined in the FPSLRA in accordance with section (A)) or should he or she return to work but fail to work the total period specified in section (B) , for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)) , or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/his or her return to work) [total total period to be worked as specified in (B)] ) however, an employee whose specified period of employment expired and who is rehired by OSFI any employer as defined in the FPSLRA within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), a) (iii) (B) and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/his or her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Quebec Parental Insurance Plan, he/he or she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/his or her parental, adoption or paternity benefit to which he/he or she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefits pursuant benefit under the Quebec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to receive a further parental allowance for a period of two (2) weeks, ninety-three per cent (93%) of her weekly rate of pay for each week, less any other monies earned during this period.
(iv) where an employee has received the full thirty-five (35) weeks of parental benefit under Employment Insurance Actand thereafter remains on parental leave without pay, the she/he is eligible to receive a further parental allowance payable under for a period of one (1) week at ninety three per cent (93%) of his or her weekly rate of pay (and the SUB Plan described recruitment and retention “terminable allowance”, if applicable), less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in subparagraph (iiA)(iii) will be extended by for the number of weeks of extended benefits which the employee receives under the EI Actsame child.
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i24.06 (c) (i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance Allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeksweeks for each combined maternity and parental leave without pay.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (ij), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B23.02(a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI the same department within a period of thirty five (305) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) other than as provided in subparagraph (iii) below, for each week in respect of which the employee receives parental, adoption or paternity benefit under parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance parental benefits he or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit Employment Insurance benefits to which he/he or she would have been eligible if no extra monies had been earned during this period.;
(iii) where an the employee becomes entitled to an extension of parental benefits pursuant to Subsection 12(7) of the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under Subsection 12(7) of the EI Act.
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i24.02(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in QuebecAct.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (csub-clauses 43.02(c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,;
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, adoption or paternity or adoption benefits under the Employment Insurance or the Québec Parental Insurance Plan in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/his or her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following following his or her return to work, as described in section sub-paragraph (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(Bsub-paragraph 41.02(a)(iii)(B), if applicable;
(C) should he or she fail to return to work for the Employer, Parks Canada, The Canada Revenue Agency or the Core Public Administration, in accordance with section sub-paragraph (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section sub-paragraph (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section sub-paragraph (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: ; (allowance Allowance received) X (remaining period to be worked following his/her his /her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI the Employer, Parks Canada, The Canada Revenue Agency or the Core Public Administration within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section sub-paragraph (B).
(b) For the purpose of sections sub-paragraphs (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section sub-paragraph (a)(iii)(B), without activating the recovery provisions described in section sub-paragraph (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent percent (93%) of his/his or her weekly rate of pay and, where applicable, the CFO transitional allowance, for each week of the waiting period, less any other monies earned during this period;
(ii) for each week in respect of which the employee receives parental, adoption or paternity benefit benefits under the Employment Insurance or the Québec Parental Insurance Plan, he/he or she is eligible to receive the difference between ninety-three per cent percent (93%) of his or her weekly rate of pay and, where applicable, the CFO transitional allowance, and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/his or her parental, adoption or paternity benefit to which he/he or she would have been eligible if no extra monies had been earned during this period.;
(iii) where an employee becomes entitled to an extension has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefits pursuant benefit under the Québec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to the Employment Insurance Actreceive a further parental allowance for a period of two (2) weeks, ninety-three percent (93%) of her weekly rate of pay and, where applicable, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI ActCFO transitional allowance, for each week, less any other monies earned during this period.
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(iparagraph 43.02(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (csub-clause 43.02(c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance lnsurance Act or the Parental Insurance Act in QuebecQuébec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (iparagraph 43.02(f)(i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(g) The weekly rate of pay referred to in paragraph (fsub-clause 43.02(f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (gsub-clause 43.02(g), and subject to subparagraph (f)(iiparagraph 43.02(f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeksweeks for each combined maternity and parental leave without pay.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Parental Allowance. (aA) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (cC) to (iI), providing he or shehe:
(i1) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii2) provides the Employer Council with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under pursuant to the Employment Insurance EI Act or Québec Parental Insurance Plan the QPIP in respect of insurable employment with the EmployerCouncil, and
(iii3) has signed an agreement with the Employer Council stating that:
(Aa) the employee will return to work on the expiry date of his/her his parental leave without pay, unless the return to work this date is modified by with the approval of another form of leaveCouncil's consent;
(Bb) Following his or her following the employee’s return to work, as described in section (A)a) above, the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B35.8 (A)(3)(b), if applicable;
(Cc) should he or she fail to return to work in accordance with section (A)a) above with an Employer described in Schedules I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for the full amount of the parental allowance he or she has received. Should ;
(d) should he or she return to work but fail to work the total period number of hours as specified in section (B)b) above with an Employer described in Schedules I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for an amount determined as follows: (allowance received) X (remaining period to be number of hours not worked following his/her return to work) [total period number of hours to be worked as specified in (Bb)] however]. However, an employee whose specified period of employment expired and who is rehired by OSFI a Schedule I, IV and V Employer of the Financial Administration Act within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B)b) above.
(bB) For the purpose of sections (a)(iii)(B35.12(A)(3)(b), (c) and (Cd), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt will extend the period referred to in section (a)(iii)(B35.12(A)(3)(b), without activating the recovery provisions described in section 35.12(A)(3)(c) and (a)(iii)(Cd).
(cC) Parental Allowance Allow ance payments made in accordance with w ith the SUB Plan will w ill consist of the followingfollow ing:
(i1) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her his weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii2) for each week in respect of which the employee receives parental, paternity or adoption or paternity benefit under benefits pursuant to the Employment Insurance EI Act or the Québec Parental Insurance PlanQPIP, he/she the difference between the gross weekly amount of the parental, paternity or adoption benefits he is eligible to receive the difference between and ninety-three per cent (93%) of his or weekly rate of pay less any other monies earned during this period;
(3) where an employee has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefit under the QPIP and thereafter remains on parental leave without pay, she is eligible to receive a further parental allowance for a period of two (2) weeks, ninety-three per cent (93%) of her weekly rate and the parental, adoption or paternity benefitof pay for each week, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(dD) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i35.12(C)(1) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or the QPIP parental benefits.
(eE) The parental allowance to which an employee is entitled is limited to that provided in paragraph (cC) above and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance EI Act or the Parental Insurance Act in QuebecQuébec.
(fF) The weekly rate of pay referred to in paragraph (cC) above shall be:
(i1) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii2) for an employee who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i1) above by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(gG) The weekly rate of pay referred to in paragraph (fF) above shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(hH) Notwithstanding paragraph (g), G) and subject to subparagraph (f)(iiF)(2), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(iI) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(jJ) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(kK) The maximum combined maternity and parental allowances payable under this collective agreement payable, taken by a couple employed in the Public Service, shall not exceed fifty-two (52) weeks.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Parental Allowance. (aA) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (cC) to (iI), providing he or shehe:
(i1) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii2) provides the Employer Council with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under pursuant to the Employment Insurance EI Act or Québec Parental Insurance Plan the QPIP in respect of insurable employment with the EmployerCouncil, and
(iii3) has signed an agreement with the Employer Council stating that:
(Aa) the employee will return to work on the expiry date of his/her his parental leave without pay, unless the return to work this date is modified by with the approval of another form of leaveCouncil's consent;
(Bb) Following his or her following the employee’s return to work, as described in section (A)a) above, the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B19.08 (A)(3)(b), if applicable;
(Cc) should he or she fail to return to work in accordance with section (A)a) above with an Employer described in Schedule I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for the full amount of the parental allowance he or she has received. Should ;
(d) should he or she return to work but fail to work the total period number of hours as specified in section (B)b) above with an Employer described in Schedule I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for an amount determined as follows: (allowance received) X (remaining period to be number of hours not worked following his/her return to work) [total period number of hours to be worked as specified in (Bb)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty (30) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B)].
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Parental Allowance. (aA) An employee who has been granted parental leave without pay, pay shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (csub-clause 17.07(B) to (i)below, providing he or she:
(i1) has completed six (6) months of continuous employment before the commencement of parental leave without pay,;
(ii2) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption Employment Insurance (EI) parental benefits under pursuant to section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, ; and
(iii3) has signed an agreement with the Employer stating thatthat he or she:
(Aa) the employee will return to work on the expiry date of his/his or her parental leave without pay, unless the return to work this date is modified by with the approval of another form of leaveEmployer’s consent;
(Bb) Following within eighteen (18) months of his or her return to work, as described in section (A)from parental leave without pay, the employee will work for a period equal to an amount of hours paid at straight-time calculated by multiplying the period number of hours in the work week on which the parental allowance was calculated by twenty-six (26); **
(c) should the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section as per the provisions of sub-clauses 17.07(A)(3)(a) and (A), b) for reasons other than death, death or lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (Bsub-clause 17.07(A)(3)(b), or having become disabled as defined in the Public Service Superannuation Act, the employee recognizes that he or she will be is indebted to the Employer for the full amount received as a parental allowance, proportionate to the amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified hours not worked in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted relation to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period hours to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty (30sub-clause 17.07(A)(3)(b) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B)above.
(b4) For for the purpose of sections (a)(iii)(B), and (Csub-clause 17.07(A)(3)(b), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(cB) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(ia) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance EI parental benefits, ninety-three per cent (93%) of his/his or her weekly rate of pay for each week of the waiting period, less any other monies moneys earned during this period;
(iib) other than as provided in sub-clause 17.07(B)(1)(c) below, for each week in respect of which the employee receives parental, adoption or paternity benefit under EI parental benefits pursuant to section 23 of the Employment Insurance Act, the difference between the gross amount of the EI parental benefits he or the Québec Parental Insurance Plan, he/she is initially eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefitof pay, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been moneys earned during this period.; **
(iiic) where an the employee becomes entitled to an extension of parental benefits pursuant to subsection 12(7) of the Employment Insurance EI Act, the parental allowance payable under the SUB Plan described in subparagraph (iisub-clause 17.07(B)(1)(b) will be extended by the number of weeks of extended benefits which the employee receives under the EI Actthat subsection.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e2) The parental allowance to which an employee is entitled is limited to that provided in paragraph (csub-clause 17.07(B)(1) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in QuebecEI Act.
(f3) The weekly rate of pay referred to in paragraph (csub-clause 17.07(B)(1) shall be:
(ia) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(iib) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (isub-clause 17.07(B)(3)(a) by the fraction obtained by dividing the employee's straight ’s straight-time earnings by the straight straight-time earnings the employee would have earned working full-time during such period.
(ga) The weekly rate of pay referred to in paragraph (fsub-clause 17.07(B)(3) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(hb) Notwithstanding paragraph (gsub-clause 17.07(B)(4)(a), and subject to subparagraph (f)(iisub-clause 17.07(B)(3)(b), if if, on the day immediately preceding the commencement of parental leave without pay pay, an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i5) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j6) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i)) of the present article 24.06, providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec Quebec Parental Insurance Plan in respect of insurable employment with the Employeremployer, and
(iii) has signed an agreement with the Employer employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B24.03 a) (iii) (B), if applicable;
(C) should he or she fail to return to work in accordance with section (A)) or should he or she return to work but fail to work the total period specified in section (B) , for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)) , or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) received) [total period to be worked as specified in (B)) ] however, an employee whose specified period of employment expired and who is rehired by OSFI the NFB within a period of thirty five (305) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections a) (a)(iii)(Biii) (B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section a) (a)(iii)(Biii) (B), without activating the recovery provisions described in section a) (a)(iii)(Ciii) (C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Quebec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefits pursuant benefit under the Quebec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to the Employment Insurance Act, the receive a further parental allowance payable under the SUB Plan described in subparagraph for a period of two (ii2) will be extended by the number weeks, ninety-three per cent (93%) of weeks her weekly rate of extended benefits which the employee receives under the EI Actpay for each week, less any other monies earned during this period.
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i24.06 c) (i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph f) (f)(iiii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance Allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following within ten (10) months of his or her return to work, as described in section (A), should the employee claim the full twelve (12) weeks of parental allowance, the employee will work for a period equal to number of hours paid at straight time calculated by multiplying the period number of hours in the employee was in receipt of work week on which the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(Ballowance was calculated by fifteen (15), if applicable;
(C) within ten (10) months of his or her return to work, as described in section (A), should the employee claim only a portion of the full twelve (12) weeks of parental allowance, the employee will work a number of hours paid at straight time calculated by multiplying the number of hours in the work week on which the parental allowance was calculated by a number determined as follows: (15 weeks) X (number of weeks during which he/she
(D) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section sections (B) and (C), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should ;
(E) should he or she return to work but fail to work the total period number of hours as specified in section sections (B) or (C), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section sections (B) and (C), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period number of hours to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI the same department within a period of thirty five (305) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section sections (B) and (C).
(b) For the purpose of sections (a)(iii)(B), (C) and (CE), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt will extend the ten (10) month period referred to in section sections (a)(iii)(B), without activating the recovery provisions described in section ) and (a)(iii)(CC).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) other than as provided in subparagraph (iii) below, for each week in respect of which the employee receives parental, adoption or paternity benefit under parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance parental benefits he or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit Employment Insurance benefits to which he/he or she would have been eligible if no extra monies had been earned during this period.;
(iii) where an the employee becomes entitled to an extension of parental benefits pursuant to Subsection 12(7) of the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under Subsection 12(7) of the EI Act.Employment
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i44.02(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in QuebecAct.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Parental Allowance. (a) 35.12.1 An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) 35.12.3 to (i)35.12.9, providing he or she:
(i) 35.12.1.1 has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) 35.12.1.2 provides the Employer Council with proof that he or she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, andCouncil,
(iii) 35.12.1.3 has signed an agreement with the Employer Council stating that:
(Aa) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work this date is modified by with the approval of another form of leaveCouncil's consent;
(Bb) Following upon his or her return to work, as described in section (Aa), should the employee claim the full or only a portion of weeks of parental allowance he/she is entitled to, the employee will work for a period equal to number of hours paid at straight time calculated by multiplying the period number of hours in the employee was in receipt of work week on which the parental allowance, in addition to allowance was calculated by the period number of time referred to in section 17.02(a)(iii)(B), if applicableweeks for which the allowance was paid;
(Cc) should he or she fail to return to work in accordance with section section
(A)a) with an Employer described in Schedule 1 of the Public Service Staff Relations Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (Bb), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for the full amount of the parental allowance he or she has received. Should ;
(d) should he or she return to work but fail to work the total period number of hours as specified in section (B)b) with an Employer described in Schedule 1 of the Public Service Staff Relations Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (Bb), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for an amount determined as follows: (allowance received) X (remaining period to be number of hours not worked following his/her return to work) [total period number of hours to be worked as specified in (Bb)] however, an employee whose specified period of employment expired and who is rehired by OSFI a Schedule 1 Employer of the Public Service Staff Relations Act within a period of thirty (30) five days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (Bb).
(b) 35.12.2 For the purpose of sections 35.12.1.3 (a)(iii)(B), b) and (Cd), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt will extend the eighteen (18) month period referred to in section 35.12.1.3 (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(Cb).
(c) 35.12.3 Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) 35.12.3.1 where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) 35.12.3.2 other than as provided in subparagraph 35.12.3.3 below, for each week in respect of which the employee receives parental, adoption or paternity benefit under parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance parental benefits he or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.;
(iii) 35.12.3.3 where an the employee becomes entitled to an extension of parental benefits pursuant to Subsection 12(7) of the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.subparagraph
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Parental Allowance. (a) 35.12.1 An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) 35.12.3 to (i)35.12.9, providing he or she:
(i) 35.12.1.1 has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) 35.12.1.2 provides the Employer Council with proof that he or she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, andCouncil,
(iii) 35.12.1.3 has signed an agreement with the Employer Council stating that:
(Aa) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work this date is modified by with the approval of another form of leaveCouncil's consent;
(Bb) Following within eighteen (18) months of his or her return to work, as described in section (Aa), should the employee claim the full or only a portion of weeks of parental allowance he/she is entitled to, the employee will work for a period equal to number of hours paid at straight time calculated by multiplying the period number of hours in the employee was in receipt of work week on which the parental allowance, in addition to allowance was calculated by the period number of time referred to in section 17.02(a)(iii)(B), if applicableweeks for which the allowance was paid;
(Cc) should he or she fail to return to work in accordance with section (A)a) with an Employer described in Schedule 1 of the Public Service Staff Relations Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (Bb), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for the full amount of the parental allowance he or she has received. Should ;
(d) should he or she return to work but fail to work the total period number of hours as specified in section (B)b) with an Employer described in Schedule 1 of the Public Service Staff Relations Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (Bb), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for an amount determined as follows: (allowance received) X (remaining period to be number of hours not worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI a Schedule 1 Employer of the Public Service Staff Relations Act within a period of thirty (30) five days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (Bb).
(b) 35.12.2 For the purpose of sections 35.12.1.3 (a)(iii)(B), b) and (Cd), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt will extend the eighteen (18) month period referred to in section 35.12.1.3 (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(Cb).
(c) 35.12.3 Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) 35.12.3.1 where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) 35.12.3.2 other than as provided in subparagraph 35.12.3.3 below, for each week in respect of which the employee receives parental, adoption or paternity benefit under parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance parental benefits he or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.;
(iii) 35.12.3.3 where an the employee becomes entitled to an extension of parental benefits pursuant to Subsection 12(7) of the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.subparagraph
Appears in 2 contracts
Samples: Collective Agreement, Collective Bargaining Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (csub-clauses 44.02(c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,;
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, adoption or paternity or adoption benefits under the Employment Insurance or the Québec Parental Insurance Plan in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/his or her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following following his or her return to work, as described in section sub-paragraph (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(Bsub-paragraph 42.02(a)(iii)(B), if applicable;
(C) should he or she fail to return to work for the Employer, Parks Canada, The Canada Revenue Agency or the Core Public Administration, in accordance with section sub-paragraph (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section sub-paragraph (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section sub-paragraph (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: ; (allowance Allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI the Employer, Parks Canada, The Canada Revenue Agency or the Core Public Administration within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section sub-paragraph (B).
(b) For the purpose of sections sub-paragraphs (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section sub-paragraph (a)(iii)(B), without activating the recovery provisions described in section sub-paragraph (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent percent (93%) of his/his or her weekly rate of pay and, where applicable, the CFO transitional allowance, for each week of the waiting period, less any other monies earned during this period;
(ii) for each week in respect of which the employee receives parental, adoption or paternity benefit benefits under the Employment Insurance or the Québec Parental Insurance Plan, he/he or she is eligible to receive the difference between ninety-three per cent percent (93%) of his or her weekly rate of pay and, where applicable, the CFO transitional allowance, and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/his or her parental, adoption or paternity benefit to which he/he or she would have been eligible if no extra monies had been earned during this period.;
(iii) where an employee becomes entitled to an extension has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable benefit under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Québec Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay Plan and thereafter remains on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred she is eligible to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of receive a further parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible allowance for a pay increment or pay revision while in receipt period of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.two
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Parental Allowance. (aA) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (cC) to (iI), providing he or shehe:
(i1) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii2) provides the Employer Council with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under pursuant to the Employment Insurance EI Act or Québec Parental Insurance Plan the QPIP in respect of insurable employment with the EmployerCouncil, and
(iii3) has signed an agreement with the Employer Council stating that:
(Aa) the employee will return to work on the expiry date of his/her his parental leave without pay, unless the return to work this date is modified by with the approval of another form of leaveCouncil's consent;
(Bb) Following his or her following the employee’s return to work, as described in section (A)a) above, the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B35.8 (A)(3)(b), if applicable;
(Cc) should he or she fail to return to work in accordance with section (A)a) above with an Employer described in Schedules I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for the full amount of the parental allowance he or she has received. Should ;
(d) should he or she return to work but fail to work the total period number of hours as specified in section (B)b) above with an Employer described in Schedules I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] howeverHowever, an employee whose specified period of employment expired and who is rehired by OSFI a Schedule I, IV and V Employer of the Financial Administration Act within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B)b) above.
(bB) For the purpose of sections (a)(iii)(B35.12(A)(3)(b), (c) and (Cd), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt will extend the period referred to in section (a)(iii)(B35.12(A)(3)(b), without activating the recovery provisions described in section 35.12(A)(3)(c) and (a)(iii)(Cd).
(cC) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i1) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her his weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii2) for each week in respect of which the employee receives parental, paternity or adoption benefits pursuant to the EI Act or the QPIP, the difference between the gross weekly amount of the parental, paternity or adoption benefits he is eligible to receive and ninety-three per cent (93%) of his weekly rate of pay less any other monies earned during this period;
(3) where an employee has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefit under the Employment Insurance or the Québec Parental Insurance PlanQPIP and thereafter remains on parental leave without pay, he/she is eligible to receive a further parental allowance for a period of two (2) weeks, ninety-three per cent (93%) of her weekly rate of pay for each week, less any other monies earned during this period.
(4) where an employee has received the difference between full thirty-five (35) weeks of parental benefit under Employment Insurance and thereafter remains on parental leave without pay, he or she is eligible to receive a further parental allowance for a period of one (1) week, ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefitof pay for each week, less any other monies earned during this period which may result period, unless said employee has already received the one (1) week allowance contained in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period35.8(B)(1)(c) for the same child.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(dD) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i35.12(C)(1) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or the QPIP parental benefits.
(eE) The parental allowance to which an employee is entitled is limited to that provided in paragraph (cC) above and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance EI Act or the Parental Insurance Act in QuebecQuébec.
(fF) The weekly rate of pay referred to in paragraph (cC) above shall be:
(i1) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii2) for an employee who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i1) above by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(gG) The weekly rate of pay referred to in paragraph (fF) above shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(hH) Notwithstanding paragraph (g), G) and subject to subparagraph (f)(iiF)(2), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(iI) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(jJ) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(kK) The maximum combined maternity and parental allowances payable under this collective agreement payable, taken by a couple employed in the Public Service, shall not exceed fifty-two (52) weeks.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental benefits pursuant to Section 23 of the Employment Insurance Act, or parental, paternity or adoption benefits under the Employment Insurance or Québec Quebec Parental Insurance Plan Plan, in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B18.02 (a) (iii) (B), if applicable;
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-lay off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI the same Employer within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(Ba) (iii) (B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(Ba) (iii) (B), without activating the recovery provisions described in section (a)(iii)(Ca) (iii) (C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent percent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) other than as provided in sub-paragraph (iii) below, for each week in respect of which the employee receives parental benefits pursuant to Section 23 of the Employment Insurance Act, or parental, adoption or paternity benefit benefits under the Employment Insurance or the Québec Quebec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-ninety three per cent percent (93%) of his or his/her weekly rate of pay and the gross weekly amount of parental, adoption or paternity benefitbenefits, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit benefits to which he/she would have been eligible if no extra monies had been earned during this period.;
(iii) where an employee becomes entitled to an extension has received the full eighteen (18) weeks of maternity benefits and the full thirty-two (32) weeks of parental benefits pursuant under the Québec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to the Employment Insurance Act, the receive a further parental allowance payable under the SUB Plan described in subparagraph for a period of two (ii2) will be extended by the number weeks, at ninety-three per cent (93%) of weeks her weekly rate of extended benefits which the employee receives under the EI Actpay for each week, less any other monies earned during this period.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.subparagraph
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs subparagraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec Quebec Parental Insurance Plan in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/his or her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B24.03 (a) (iii) (B), if applicable;
(C) should he or she fail to return to work in accordance with section (A)) or should he or she return to work but fail to work the total period specified in section (B) , for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)) , or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/his or her return to work) [total period to be worked as specified in (B)] ) however, an employee whose specified period of employment expired and who is rehired by OSFI the NFB within a period of thirty five (305) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(Ba) (iii) (B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section section
(a)(iii)(Ba) (iii) (B), without activating the recovery provisions described in section (a)(iii)(Ca) (iii) (C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/his or her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Quebec Parental Insurance Plan, he/he or she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/his or her parental, adoption or paternity benefit to which he/he or she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefits pursuant benefit under the Quebec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to the Employment Insurance Act, the receive a further parental allowance payable under the SUB Plan described in subparagraph for a period of two (ii2) will be extended by the number weeks, ninety-three per cent (93%) of weeks her weekly rate of extended benefits which the employee receives under the EI Actpay for each week, less any other monies earned during this period.
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i24.06 (c) (i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-full- time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(iif) (ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance Allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental benefits pursuant to Section 23 of the Employment Insurance Act, or parental, paternity or adoption benefits under the Employment Insurance or Québec Quebec Parental Insurance Plan Plan, in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/his or her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B38.02 (a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section (A) or should he or she return to work but fail to work the total period specified in section (B), he or she will be indebted to the Employer for reasons other than an amount determined as follows: allowance received × (D) the repayment provided for in (C) will not apply in situations of :
(i) death, lay-,
(ii) lay off, ,
(iii) early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B),
(iv) the end of a specified period of employment, or if the employee is rehired by the Agency within ninety (90) days following the end of the specified period of employment, and who fulfils the obligations specified in section (B), or
(v) having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty (30) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/his or her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week in respect of which the employee receives parental, adoption or paternity benefit under parental benefits pursuant to Section 23 of the Employment Insurance Act, or parental, paternity or adoption benefits under the Québec Quebec Parental Insurance Plan, he/the difference between the gross weekly amount of the Employment Insurance parental or the Quebec Parental Insurance Plan parental, paternity or adoption benefits he or she is eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her parental, adoption Employment Insurance or paternity benefit Quebec Parental Insurance Plan benefits to which he/he or she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefits pursuant benefit under the Québec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to the Employment Insurance Act, the receive a further parental allowance payable under the SUB Plan described in subparagraph for a period of two (ii2) will be extended by the number weeks, ninety-three per cent (93%) of weeks her weekly rate of extended benefits which the employee receives under the EI Actpay for each week, less any other monies earned during this period.
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i40.02(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI Employment Insurance (EI), or QPIP Quebec Parental Insurance Plan, parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act Act, or the Quebec Parental Insurance Act in QuebecPlan.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.two
Appears in 2 contracts
Samples: Program Delivery and Administrative Services Agreement, Program Delivery and Administrative Services Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental benefits pursuant to Section 23 of the Employment Insurance Act, or parental, paternity or adoption benefits under the Employment Insurance or Québec Quebec Parental Insurance Plan Plan, in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/his or her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B38.02 (a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section (A) or should he or she return to work but fail to work the total period specified in section (B), he or she will be indebted to the Employer for reasons other than an amount determined as follows: allowance received × (D) the repayment provided for in (C) will not apply in situations of :
(i) death, lay-,
(ii) lay off, ,
(iii) early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), **
(iv) the end of a specified period of employment, if the employee is rehired by the Agency, an organization listed in Schedules I or IV of the Financial Administration Act, the Canadian Food Inspection Agency, or Parks Canada, within ninety (90) days following the end of the specified period of employment, and who fulfils the obligations specified in section (B),
(v) having become disabled as defined in the Public Service Superannuation Act, he ; or she will be indebted **
(vi) the employee is appointed to the Employer for the full amount a position with an organization listed in Schedules I or IV of the parental allowance he or she has received. Should he or she return to work but fail to work Financial Administration Act, the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)Canadian Food Inspection Agency, or having become disabled as defined in the Public Service Superannuation ActParks Canada, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty (30) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet fulfills the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/his or her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week in respect of which the employee receives parental, adoption or paternity benefit under parental benefits pursuant to Section 23 of the Employment Insurance Act, or parental, paternity or adoption benefits under the Québec Quebec Parental Insurance Plan, he/the difference between the gross weekly amount of the Employment Insurance parental or the Quebec Parental Insurance Plan parental, paternity or adoption benefits he or she is eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her parental, adoption Employment Insurance or paternity benefit Quebec Parental Insurance Plan benefits to which he/he or she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefits pursuant benefit under the Québec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to the Employment Insurance Act, the receive a further parental allowance payable under the SUB Plan described in subparagraph for a period of two (ii2) will be extended by the number weeks, ninety-three per cent (93%) of weeks her weekly rate of extended benefits which the employee receives under the EI Actpay for each week, less any other monies earned during this period.
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i40.02(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI Employment Insurance (EI), or QPIP Quebec Parental Insurance Plan, parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act Act, or the Quebec Parental Insurance Act in QuebecPlan.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.. **
(k) The maximum combined combined, shared maternity and parental allowances payable under this collective agreement Collective Agreement shall not exceed fifty-two (52) weeksweeks for each combined maternity and parental leave without pay.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Parental Allowance.
(aA) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs sub-clause 11.3.5 (cC) to (i)below, providing he or shethe employee:
(i1) has completed six (6) months of continuous employment before the commencement of parental leave without pay,;
(ii2) provides the Employer with proof that he or she the employee has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec the Quebec Parental Insurance Plan in respect of insurable employment with the Employer, ; and
(iii3) has signed an agreement with the Employer stating that:
(Aa) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(Bb) Following his or her following the employee’s return to work, as described in section paragraph (Aa), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(Bparagraph 11.3.2 (A) (3) (b), if applicable;
(Cc) should he or she the employee fail to return to work in accordance with section paragraph (Aa), or should the employee return to work but fail to work the total period specified in paragraph (b), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section paragraph (Bb), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she employee will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (Bb)] howeverHowever, an employee whose specified period of employment expired and who is rehired by OSFI the House of Commons within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her the employee’s new period of employment is sufficient to meet the obligations specified in section paragraph (Bb).
(bB) For the purpose of sections sub-paragraphs 11.3.5 (a)(iii)(B), A) (3) (b) and (Cc), periods of leave with pay shall will count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall will interrupt the period referred to in section sub-paragraph 11.3.5 (a)(iii)(BA) (3) (b), without activating the recovery provisions described in section sub-paragraph 11.3.5 (a)(iii)(CA) (3) (c).
(cC) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(ia) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent percent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(iib) other than as provided in sub-paragraph 11.3.5 (c) (1) (c), for each week in respect of which the employee receives parental, paternity or adoption or paternity benefit benefits under the Employment Insurance or the Québec Quebec Parental Insurance Plan, he/she the difference between the gross weekly amount of the parental, paternity or adoption benefits the employee is eligible to receive the difference between and ninety-three per cent percent (93%) of his or her the employee’s weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her the parental, paternity or adoption or paternity benefit benefits to which he/she the employee would have been eligible if no extra monies had been earned during this period.;
(iiic) where an employee becomes entitled to an extension of parental benefits pursuant to has received the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph full eighteen (ii18) will be extended by the number of weeks of extended maternity benefits which and the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a fullfull thirty-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.two
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Parental Allowance. (aA) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (cC) to (iI), providing he or shehe:
(i1) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii2) provides the Employer Council with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under pursuant to the Employment Insurance EI Act or Québec Parental Insurance Plan the QPIP in respect of insurable employment with the Employer, andCouncil,
(iii3) has signed an agreement with the Employer Council stating that:
(Aa) the employee will return to work on the expiry date of his/her his parental leave without pay, unless the return to work this date is modified by with the approval of another form of leaveCouncil's consent;
(Bb) Following his or her following the employee’s return to work, as described in section (A)a) above, the employee will work for workfor a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B35.8 (A)(3)(b), if applicable;
(Cc) should he or she fail to return to work in accordance with section (A)a) above with an Employer described in Schedules I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for the full amount of the parental allowance he or she has received. Should ;
(d) should he or she return to work but fail to work the total period number of hours as specified in section (B)b) above with an Employer described in Schedules I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty (30) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.in
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec Parental Insurance Plan in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B15.06(a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [[ total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension has received the full twenty-six (26) weeks of maternity benefit and the full thirty-seven (37) weeks of parental benefits pursuant benefit under the Québec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to the Employment Insurance Act, the receive a further parental allowance payable under the SUB Plan described in subparagraph for a period of two (ii2) will be extended by the number weeks, ninety-three per cent (93%) of weeks her weekly rate of extended benefits which the employee receives under the EI Actpay for each week, less any other monies earned during this period.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i15.08(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-full- time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeksweeks for each combined maternity and parental leave without pay.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Parental Allowance. (aA) An employee who has been granted parental leave without pay, pay shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Employment Benefit (SUB) Plan described in paragraphs sub-clause 30.02 (cB) to (i)below, providing provided that he or she:
(i1) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii2) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption Employment Insurance (EI) parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, and
(iii3) has signed an provided the Centre with a written agreement with the Employer stating that:
(Aa) the employee he or she will return to work on the expiry date of his/his or her parental leave without pay, unless the return to work date is modified by with the approval of another form of leaveEmployer’s consent;
(Bb) Following following his or her return to work, as described work in section accordance with sub- clause (A)a) above, the employee will work for a period period, at the straight-time hourly rate, equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(Bsub-clause29.02
(A) (3) (b), if applicable;
(Cc) should he or she fail to return to work as in accordance with section sub-clause 30.02 (A), ) (3) (a) and (b) for reasons other than death, lay-offoff or disability, early the employee shall pay to the Centre not later than one month after termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled amount received as defined in the Public Service Superannuation Act, he or she will be indebted a parental allowance proportional to the Employer for the full amount number of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be hours not worked as specified in sub-clause 30.02 (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty A) (303) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B)b) above.
(b4) For the purpose of sections sub-clause 30.02 (a)(iii)(B), and A) (C3) (b), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(cB) Parental Allowance allowance payments made in accordance with the SUB (SUB) Plan will consist of the following:
(ia) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance EI parental benefits, ninety-three per cent (93%) of his/his or her weekly rate of pay for each week of the waiting period, less any other monies moneys earned during this period;.
(iib) other than provided in sub-clause 30.02 (B) (1) (c) below, for each week in respect of which the employee receives parental, adoption or paternity benefit under EI parental benefits pursuant to section 23 of the Employment Insurance Act, the difference between the gross weekly amount of the EI parental benefits he or the Québec Parental Insurance Plan, he/she is initially eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefitof pay, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been moneys earned during this period.;
(iiic) where an the employee becomes entitled to an extension of parental benefits pursuant to subsection 12 (7) of the Employment Insurance EI Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a fullsub-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.clause 39.02
Appears in 2 contracts
Samples: Collective Agreement, Collective Bargaining Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (ij) or paragraphs (d) to (j), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of the parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her his parental leave without pay, pay unless the return to work date is modified by the approval of another form of leave;
(B) Following following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, up to a maximum of 35 weeks, in addition to the period of time referred to in section 17.02(a)(iii)(B16.04(a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section (A) or should he return to work but fail to work the total period specified in section (B), for reasons other than death, lay-lay- off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation ActCTC Pension Plan, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty five (305) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i)) of the present article, providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec Quebec Parental Insurance Plan in respect of insurable employment with the Employeremployer, and
(iii) has signed an agreement with the Employer employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B24.03 a) (iii) (B), if applicable;
(C) should he or she fail to return to work in accordance with section (A)) or should he or she return to work but fail to work the total period specified in section (B) , for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)) , or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)) ] however, an employee whose specified period of employment expired and who is rehired by OSFI the NFB within a period of thirty five (305) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections a) (a)(iii)(Biii) (B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section a) (a)(iii)(Biii) (B), without activating the recovery provisions described in section a) (a)(iii)(Ciii) (C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Quebec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefits pursuant benefit under the Quebec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to the Employment Insurance Act, the receive a further parental allowance payable under the SUB Plan described in subparagraph for a period of two (ii2) will be extended by the number weeks, ninety-three per cent (93%) of weeks her weekly rate of extended benefits which the employee receives under the EI Actpay for each week, less any other monies earned during this period.
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i24.07 c) (i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph f) (f)(iiii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance Allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or shehe:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to Section 23 of the Employment Insurance Act or Québec Quebec Parental Insurance Plan (QPIP), in respect of insurable employment with the Employer, andand **
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/his or her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section (A) or should he or she return to work but fail to work the total period specified in section (B), he or she will be indebted to the Employer for reasons other than an amount determined as follows: (allowance received) × (remaining period to be worked following his or her return to work) [total period to be worked as specified in (B)]
(D) the repayment provided for in (C) will not apply in situations of:
(i) death, lay-,
(ii) lay off, ,
(iii) early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B),
(iv) the end of a specified period of employment, if the employee is rehired by the Agency, an organization listed in Schedules I or IV of the Financial Administration Act, the Canadian Food Inspection Agency, or Parks Canada, within ninety (90) days following the end of the specified period of employment, and who fulfils the obligations specified in section (B),
(v) having become disabled as defined in the Public Service Superannuation Act, he ;
(vi) the employee is appointed to a position with an organization listed in Schedules I or she will be indebted to the Employer for the full amount IV of the parental allowance he or she has received. Should he or she return to work but fail to work Financial Administration Act, the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)Canadian Food Inspection Agency, or having become disabled as defined in the Public Service Superannuation ActParks Canada, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty (30) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet fulfills the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance employment insurance parental benefits, ninety-three per cent (93%) of his/his or her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) other than as provided in subparagraph (iii) below, for each week in respect of which the employee receives parental, adoption or paternity benefit under parental benefits pursuant to section 23 of the Employment Insurance Act or the Québec Quebec Parental Insurance PlanPlan (QPIP), he/she the difference between the gross weekly amount of the Employment Insurance (EI) or Quebec Parental Insurance Plan (QPIP) parental benefits he is eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her parental, adoption Employment Insurance (EI) or paternity benefit Quebec Parental Insurance Plan (QPIP) benefits to which he/he or she would have been eligible if no extra monies had been earned during this period.;
(iii) where an the employee becomes entitled to an extension of parental benefits pursuant to subsection 12(7) of the Employment Insurance ActAct or Quebec Parental Insurance Plan (QPIP), the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under subsection 12(7) of the EI ActEmployment Insurance Act or Quebec Parental Insurance Plan (QPIP);
(iv) where an employee has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefit under the Quebec Parental Insurance Plan (QPIP) and thereafter remains on parental leave without pay, she is eligible to receive a further parental allowance for a period of two (2) weeks, ninety-three per cent (93%) of her weekly rate of pay for each week, less any other monies earned during this period.
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i17.07(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI Employment Insurance (EI) or QPIP Quebec Parental Insurance Plan (QPIP) parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Quebec Parental Insurance Act in QuebecPlan (QPIP).
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight ’s straight-time earnings by the straight straight-time earnings the employee would have earned working full-full time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement Collective Agreement shall not exceed fifty-two (52) weeks.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs sub-clause (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption Employment Insurance (EI) parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating thatthat he or she:
(A) the employee will return to work on the expiry date of his/his or her parental leave without pay, unless the return to work date is modified by with the approval of another form of leave;Employer’s consent,
(B) Following his within eighteen (18) months of the employee’s return from parental leave without pay, he or her return to work, as described in section (A), the employee she will work for a period equal to an amount of hours paid at straight time calculated by multiplying the period number of hours in the employee was in receipt of work week on which the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(Ballowance was calculated by twenty-six (26), if applicable;,
(C) should he or she the employee fail to return to work in accordance with section (A), as per the provisions of sub-clauses A and B for reasons other than death, death or lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (sub-clause B), or having become disabled as defined in the Public Service Superannuation Act, the employee recognizes that he or she will be is indebted to the Employer for the full amount received as a parental allowance, proportionate to the amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified hours not worked in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted relation to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period hours to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty (30) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B)sub-clause B above.
(b) For the purpose of sections section (a)(iii)(B), and (Ciii)(B), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance EI parental benefits, ninety-three per cent (93%) of his/her the employee’s weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) other than as provided in sub-clause (iii) below, for each week in respect of which the employee receives parental, adoption or paternity benefit under EI parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross amount of the EI parental benefits he or the Québec Parental Insurance Plan, he/she is initially eligible to receive the difference between and ninety-three per cent (93%) of his or her the employee’s weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.;
(iii) where an the employee becomes entitled to an extension of parental benefits pursuant to Subsection 12(7) of the Employment Insurance EI Act, the parental allowance payable under the SUB Plan described in subparagraph sub-clause (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Actthat sub-clause.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph sub-clause (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in QuebecEl Act.
(fe) The weekly rate of pay referred to in paragraph sub-clause (c) shall be:
(i) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;,
(ii) for an employee who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph sub-clause (i) by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee he or she would have earned working full-full time during such period.
(gf) The weekly rate of pay referred to in paragraph sub-clause (fe) shall be the rate to which the employee is entitled for the substantive level to which he or she or he is appointed.
(hg) Notwithstanding paragraph sub-clause (gf), and subject to subparagraph sub-clause (f)(iie)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee he or she was being paid on that day.
(ih) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(ji) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.. **
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following within ten (10) months of his or her return to work, as described in section (A), should the employee claim the full twelve (12) weeks of parental allowance, the employee will work for a period equal to number of hours paid at straight time calculated by multiplying the period number of hours in the employee was in receipt of work week on which the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(Ballowance was calculated by fifteen (15), if applicable;
(C) within ten (10) months of his or her return to work, as described in section (A), should the employee claim only a portion of the full twelve (12) weeks of parental allowance, the employee will work a number of hours paid at straight time calculated by multiplying the number of hours in the work week on which the parental allowance was calculated by a number determined as follows: (15 weeks) X (number of weeks during which he/she received the parental allowance) (12 weeks)
(D) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section sections (B) and (C), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should ;
(E) should he or she return to work but fail to work the total period number of hours as specified in section sections (B) or (C), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section sections (B) and (C), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be number of hours not worked following his/her return to work) [total period number of hours to be worked as specified in (B) or (C)] however, an employee whose specified period of employment expired and who is rehired by OSFI the same department within a period of thirty (30) five days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section sections (B) and (C).
(b) For the purpose of sections (a)(iii)(B), (C) and (CE), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt will extend the ten (10) month period referred to in section sections (a)(iii)(B), without activating the recovery provisions described in section ) and (a)(iii)(CC).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent percent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) other than as provided in subparagraph (iii) below, for each week in respect of which the employee receives parental, adoption or paternity benefit under parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance parental benefits he or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between and ninety-three per cent percent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit Employment Insurance benefits to which he/he or she would have been eligible if no extra monies had been earned during this period.;
(iii) where an the employee becomes entitled to an extension of parental benefits pursuant to Subsection 12(7) of the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under Subsection 12(7) of the EI Act.
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i40.02(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebeclnsurance Act.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Parental Allowance. (aA) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (cC) to (iI), providing he or shehe:
(i1) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii2) provides the Employer Council with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under pursuant to the Employment Insurance EI Act or Québec Parental Insurance Plan the QPIP in respect of insurable employment with the EmployerCouncil, and
(iii3) has signed an agreement with the Employer Council stating that:
(Aa) the employee will return to work on the expiry date of his/her his parental leave without pay, unless the return to work this date is modified by with the approval of another form of leaveCouncil's consent;
(Bb) Following his or her following the employee’s return to work, as described in section (A)a) above, the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B35.8 (A)(3)(b), if applicable;
(Cc) should he or she fail to return to work in accordance with section (A)a) above with an Employer described in Schedules I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for the full amount of the parental allowance he or she has received. Should ;
(d) should he or she return to work but fail to work the total period number of hours as specified in section (B)b) above with an Employer described in Schedules I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for an amount determined as follows: (allowance received) X (remaining period to be number of hours not worked following his/her return to work) [total period number of hours to be worked as specified in (Bb)] however]. However, an employee whose specified period of employment expired and who is rehired by OSFI a Schedule I, IV and V Employer of the Financial Administration Act within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B)b) above.
(bB) For the purpose of sections (a)(iii)(B35.12(A)(3)(b), (c) and (Cd), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt will extend the period referred to in section (a)(iii)(B35.12(A)(3)(b), without activating the recovery provisions described in section 35.12(A)(3)(c) and (a)(iii)(Cd).. **
(cC) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:: **
(i1) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her his weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii2) for each week in respect of which the employee receives parental, paternity or adoption or paternity benefit under benefits pursuant to the Employment Insurance EI Act or the Québec Parental Insurance PlanQPIP, he/she the difference between the gross weekly amount of the parental, paternity or adoption benefits he is eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (csub-clauses 44.02(c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,;
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, adoption or paternity or adoption benefits under the Employment Insurance or the Québec Parental Insurance Plan in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/his or her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following following his or her return to work, as described in section sub-paragraph (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(Bsub-paragraph 42.02(a)(iii)(B), if applicable;
(C) should he or she fail to return to work for the Employer, Parks Canada, The Canada Revenue Agency or the Core Public Administration, in accordance with section sub-paragraph (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section sub-paragraph (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section sub-paragraph (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] ; however, an employee whose specified period of employment expired and who is rehired by OSFI the Employer, Parks Canada, The Canada Revenue Agency or the Core Public Administration within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section sub-paragraph (B).
(b) For the purpose of sections sub-paragraphs (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section sub-paragraph (a)(iii)(B), without activating the recovery provisions described in section sub-paragraph (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent percent (93%) of his/his or her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
; ** (ii) for each week in respect of which the employee receives parental, adoption or paternity benefit benefits under the Employment Insurance or the Québec Parental Insurance Plan, he/he or she is eligible to receive the difference between ninety-three per cent percent (93%) of his or her weekly rate of pay and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/his or her parental, adoption or paternity benefit to which he/he or she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Parental Allowance.
(a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or shehe:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to Section 23 of the Employment Insurance Act or Québec Quebec Parental Insurance Plan (QPIP), in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/his or her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section (A) or should he or she return to work but fail to work the total period specified in section (B), he or she will be indebted to the Employer for reasons other than an amount determined as follows: (allowance received) × (remaining period to be worked following his or her return to work) [total period to be worked as specified in (B)]
(D) the repayment provided for in (C) will not apply in situations of:
(I) death, lay-,
(II) lay off, ,
(III) early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B),
(IV) the end of a specified period of employment, if the employee is rehired by the Agency, an organization listed in Schedules I or IV of the Financial Administration Act, the Canadian Food Inspection Agency, or Parks Canada, within ninety (90) days following the end of the specified period of employment, and who fulfils the obligations specified in section (B),
(V) having become disabled as defined in the Public Service Superannuation Act, he ;
(VI) the employee is appointed to a position with an organization listed in Schedules I or she will be indebted to the Employer for the full amount IV of the parental allowance he or she has received. Should he or she return to work but fail to work Financial Administration Act, the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)Canadian Food Inspection Agency, or having become disabled as defined in the Public Service Superannuation ActParks Canada, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty (30) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet fulfills the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:: **
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance (EI) parental benefits, ninety-three per cent (93%) of his/his or her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) other than as provided in subparagraph (iii) below, for each week in respect of which the employee receives parental, adoption or paternity benefit under parental benefits pursuant to section 23 of the Employment Insurance Act or the Québec Quebec Parental Insurance PlanPlan (QPIP), he/she the difference between the gross weekly amount of the EI or QPIP parental benefits he is eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her parental, adoption EI or paternity benefit QPIP benefits to which he/he or she would have been eligible if no extra monies had been earned during this period.;
(iii) where an the employee becomes entitled to an extension of parental benefits pursuant to subsection 12(7) of the Employment Insurance ActAct or QPIP, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under subsection 12(7) of the Employment Insurance Act or QPIP; **
(iv) where an employee has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefit under the QPIP and thereafter remains on parental leave without pay, she is eligible to receive a further parental allowance for a period of two (2) weeks at ninety-three per cent (93%) of her weekly rate of pay for each week, less any other monies earned during this period; **
(v) where an employee has received the full thirty-five (35) weeks of parental benefit under EI Actand thereafter remains on parental leave without pay, she/he is eligible to receive a further parental allowance for a period of one (1) week at ninety-three percent (93%) of his or her weekly rate of pay, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in 17.04(c)(iii) for the same child.
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i17.07(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in QuebecQPIP.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight ’s straight-time earnings by the straight straight-time earnings the employee would have earned working full-full time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement Agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or shehe:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption Employment Insurance (EI) parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:that he
(A) the employee will return to work on the expiry date of his/her his parental leave without pay, unless the return to work date is modified by with the approval of another form of leave;Employer’s consent,
(B) Following within ten (10) months of his or her return to workfrom parental leave without pay, as described in section (A), the employee he will work for a period equal to an amount of hours paid at straight time calculated by multiplying the period number of hours in the employee was in receipt of work week on which the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(Ballowance was calculated by fifteen (15), if applicable;,
(C) should he or she fail will be indebted to the Employer for the full amount of parental allowance received, if he fails to return to work in accordance with section as agreed to under sections (A), ) and (B) for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty (30) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections section (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance EI parental benefits, ninety-three per cent percent (93%) of his/her his weekly rate of pay for each week of the waiting period, less any other monies moneys earned during this period;; and
(ii) other than as provided in subparagraph (iii) below, for each week in respect of which the employee receives parental, adoption or paternity benefit under EI parental benefits pursuant to Section 23 of the Employment Insurance or Act, the Québec Parental Insurance Plan, he/she difference between the gross amount of the EI parental benefits he is initially eligible to receive the difference between and ninety-three per cent percent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, of pay less any other monies moneys earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit EI benefits to which he/she he would have been eligible if no extra monies had been earned during this period.;
(iii) where an the employee becomes entitled to an extension of parental benefits pursuant to Subsection 12(7) of the Employment Insurance EI Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.subparagraph
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or shethe employee:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she the employee has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec Parental Insurance Plan in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee is choosing to receive either the standard parental benefit or extended parental benefit under Employment Insurance;
(B) the employee will return to work on the expiry date of his/her the employee’s parental leave without pay, unless the return to return-to- work date is modified by the approval of another form of leave;
(BC) Following his or her the employee’s return to work, as described in section (AB), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B40.02(a)(iii)(B), if applicable;
(CD) should he or she the employee fail to return to work for the Employer, in accordance with section (AB) or should the employee return to work but fail to work the total period specified in section (C), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (BC), or having become disabled as defined in disabled, to mean; incapable of pursuing regularly any substantially gainful occupation, the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she employee will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her the employee’s return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within the bargaining unit within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her the employee’s new period of employment is sufficient to meet the obligations specified in section (BC).
(b) For the purpose of sections (a)(iii)(Ba)(iii)(C), and (CD), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(Ba)(iii)(C), without activating the recovery provisions described in section (a)(iii)(Ca)(iii)(D).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where Where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her the employee’s weekly rate of pay for each week of where an employee is receiving the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption standard parental benefit or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result a prorated amount in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iiiaccordance with 42.02(c)(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.receiving
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (aA) An employee who has been granted parental leave without pay, pay shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (csub-clause 17.07(B) to (i)below, providing he or she:
(i1) has completed six (6) months of continuous employment before the commencement of parental leave without pay,;
(ii2) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption Employment Insurance (EI) parental benefits under pursuant to section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, ; and
(iii3) has signed an agreement with the Employer stating thatthat he or she:
(Aa) the employee will return to work on the expiry date of his/his or her parental leave without pay, unless the return to work this date is modified by with the approval of another form of leaveEmployer’s consent;
(Bb) Following within eighteen (18) months of his or her return to work, as described in section (A)from parental leave without pay, the employee will work for a period equal to an amount of hours paid at straight-time calculated by multiplying the period number of hours in the employee was in receipt of work week on which the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(Ballowance was calculated by twenty-six (26), if applicable;
(Cc) should he or she the employee fail to return to work in accordance with section as per the provisions of sub-clauses 17.07(A)(3)(a) and (A), b) for reasons other than death, death or lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment the employee recognizes that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be is indebted to the Employer for the full amount received as a parental allowance, proportionate to the amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified hours not worked in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted relation to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period hours to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty (30sub-clause 17.07(A)(3)(b) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B)above.
(b4) For for the purpose of sections (a)(iii)(B), and (Csub-clause 17.07(A)(3)(b), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(cB) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(ia) where an employee is subject to a waiting period of two two
(2) weeks before receiving Employment Insurance EI parental benefits, ninety-three per cent (93%) of his/his or her weekly rate of pay for each week of the waiting period, less any other monies moneys earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (aA) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (cC) to (iI), providing he or shehe:
(i1) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii2) provides the Employer Council with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under pursuant to the Employment Insurance EI Act or Québec Parental Insurance Plan the QPIP in respect of insurable employment with the EmployerCouncil, and
(iii3) has signed an agreement with the Employer Council stating that:
(Aa) the employee will return to work on the expiry date of his/her his parental leave without pay, unless the return to work this date is modified by with the approval of another form of leaveCouncil's consent;
(Bb) Following his or her following the employee’s return to work, as described in section (A)a) above, the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B35.8 (A)(3)(b), if applicable;
(Cc) should he or she fail to return to work in accordance with section (A)a) above with an Employee described in Schedules I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for the full amount of the parental allowance he or she has received. Should ;
(d) should he or she return to work but fail to work the total period number of hours as specified in section (B)b) above with an Employer described in Schedules I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for an amount determined as follows: (allowance received) X (remaining period to be number of hours not worked following his/her return to work) [total period number of hours to be worked as specified in (Bb)] however]. However, an employee whose specified period of employment expired and who is rehired by OSFI a Schedule I, IV and V Employer of the Financial Administration Act within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B)b) above.
(bB) For the purpose of sections (a)(iii)(B35.12(A)(3)(b), (c) and (Cd), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt will extend the period referred to in section (a)(iii)(B35.12(A)(3)(b), without activating the recovery provisions described in section 35.12(A)(3)(c) and (a)(iii)(Cd).. **
(cC) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:: **
(i1) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her his weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii2) for each week in respect of which the employee receives parental, paternity or adoption benefits pursuant to the EI Act or the QPIP, the difference between the gross weekly amount of the parental, paternity or adoption benefits he is eligible to receive and ninety-three per cent (93%) of his weekly rate of pay less any other monies earned during this period;
(3) where an employee has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefit under the Employment Insurance or the Québec Parental Insurance PlanQPIP and thereafter remains on parental leave without pay, he/she is eligible to receive a further parental allowance for a period of two (2) weeks, ninety-three per cent (93%) of her weekly rate of pay for each week, less any other monies earned during this period; **
(4) where an employee has received the difference between full thirty-five (35) weeks of parental benefit under Employment Insurance and thereafter remains on parental leave without pay, he or she is eligible to receive a further parental allowance for a period of one
(1) week, ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefitof pay for each week, less any other monies earned during this period which may result period, unless said employee has already received the one (1) week allowance contained in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period35.8 (B) (c) for the same child.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(dD) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i35.12(C)(1) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or the QPIP parental benefits.
(eE) The parental allowance to which an employee is entitled is limited to that provided in paragraph (cC) above and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance EI Act or the Parental Insurance Act in QuebecQuébec.
(fF) The weekly rate of pay referred to in paragraph (cC) above shall be:
(i1) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii2) for an employee who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i1) above by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(gG) The weekly rate of pay referred to in paragraph (fF) above shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(hH) Notwithstanding paragraph (g), G) and subject to subparagraph (f)(iiF)(2), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(iI) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(jJ) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(kK) The maximum combined maternity and parental allowances payable under this collective agreement payable, taken by a couple employed in the Public Service, shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, pay shall be paid a parental allowance allowance, as described in sub-clauses to in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing provided that he or she:
(i) has completed she has: Completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides leave; Provided the Employer with proof that he or she has applied for and is in receipt eligible to receive parental benefits pursuant to Section of parental, paternity or adoption benefits under the Employment Insurance or Québec Parental Insurance Plan in respect of insurable employment with the Employer, and
(iii) has signed ; and Signed an agreement with the Employer stating that:
(A) as set out in clause An applicant, under clause shall sign an agreement with the Employer, providing: that the employee will return to work on the expiry date of his/her the parental leave without pay, unless extended with the return to work date is Employer’s consent, or modified by the approval of another form of leave;
(B) Following his or her return to work, as described in section (A), . that the employee will return to work for a period equal to the period that the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B), sub-clause if applicable;
(C) . that, should he or she the employee fail to return to work in accordance with section (A), clauses and or should the employee return to work but fail to work for the total period specified in and for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), sub-clauses and or having become disabled as defined in the Public Service Superannuation Act, the employee recognizes that he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be is indebted to the Employer for an amount determined equal to the product obtained by multiplying the amount received as follows: (a parental leave allowance received) X (by the fraction obtained by dividing the remaining period number of days to be worked following his/her in the return to work) [period by the total period to be worked as specified number of work days in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty (30) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time workedreturn period. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Supplementary Unemployment Benefit Plan will consist of the following:
(i) where : Where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, an allowance of ninety-three per cent percent (93%) of his/her the weekly rate of pay for each week of the two (2) week waiting period, period less any other monies earned during this period;
(ii) ; Except as provided by sub-clause for each week the that an employee receives parental, adoption or paternity a parental benefit under pursuant to Section of the Employment Insurance Act, the difference between the gross weekly amount of the benefit he or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between and ninety-three per cent percent (93%) of his or her 93%)of the weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this the period which may result in a decrease in his/her parental, adoption or paternity benefit Employment Insurance benefits to which he/he or she would have been eligible if no extra monies had been earned during this period.
(iii) where an ; Where the employee becomes entitled to an extension of parental benefits pursuant to subsection of the Employment Insurance Act, the parental allowance payable under the SUB Supplementary Unemployment Benefit Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) subsection At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i) sub-clause will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec Parental Insurance Plan in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B13.09(a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [[ total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefits pursuant benefit under the Québec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to the Employment Insurance Act, the receive a further parental allowance payable under the SUB Plan described in subparagraph for a period of two (ii2) will be extended by the number weeks, ninety-three per cent (93%) of weeks her weekly rate of extended benefits which the employee receives under the EI Actpay for each week, less any other monies earned during this period.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i13.09(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeksweeks for each combined maternity and parental leave without pay.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (aA) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (cC) to (iI), providing he or shehe:
(i1) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii2) provides the Employer Council with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under pursuant to the Employment Insurance EI Act or Québec Parental Insurance Plan the QPIP in respect of insurable employment with the EmployerCouncil, and
(iii3) has signed an agreement with the Employer Council stating that:
(Aa) the employee will return to work on the expiry date of his/her his parental leave without pay, unless the return to work this date is modified by with the approval of another form of leaveCouncil's consent;
(Bb) Following his or her following the employee’s return to work, as described in section (A)a) above, the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B35.8 (A)(3)(b), if applicable;
(Cc) should he or she fail to return to work in accordance with section (A)a) above with an Employer described in Schedules I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for the full amount of the parental allowance he or she has received. Should ;
(d) should he or she return to work but fail to work the total period number of hours as specified in section (B)b) above with an Employer described in Schedules I, IV and V of the Financial Administration Act, for reasons other than death, lay-lay- off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for an amount determined as follows: (allowance received) X (remaining period to be number of hours not worked following his/her return to work) [total period number of hours to be worked as specified in (Bb)] however]. However, an employee whose specified period of employment expired and who is rehired by OSFI a Schedule I, IV and V Employer of the Financial Administration Act within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B)b) above.
(bB) For the purpose of sections (a)(iii)(B35.12(A)(3)(b), (c) and (Cd), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt will extend the period referred to in section (a)(iii)(B35.12(A)(3)(b), without activating the recovery provisions described in section 35.12(A)(3)(c) and (a)(iii)(Cd).
(cC) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i1) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her his weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii2) for each week in respect of which the employee receives parental, paternity or adoption or paternity benefit under benefits pursuant to the Employment Insurance EI Act or the Québec Parental Insurance PlanQPIP, he/she the difference between the gross weekly amount of the parental, paternity or adoption benefits he is eligible to receive the difference between and ninety-three per cent (93%) of his or weekly rate of pay less any other monies earned during this period;
(3) where an employee has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefit under the QPIP and thereafter remains on parental leave without pay, she is eligible to receive a further parental allowance for a period of two (2) weeks, ninety-three per cent (93%) of her weekly rate and the parental, adoption or paternity benefitof pay for each week, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(dD) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i35.12(C)(1) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or the QPIP parental benefits.
(eE) The parental allowance to which an employee is entitled is limited to that provided in paragraph (cC) above and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance EI Act or the Parental Insurance Act in QuebecQuébec.
(fF) The weekly rate of pay referred to in paragraph (cC) above shall be:
(i1) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii2) for an employee who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i1) above by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(gG) The weekly rate of pay referred to in paragraph (fF) above shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(hH) Notwithstanding paragraph (g), G) and subject to subparagraph (f)(iiF)(2), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(iI) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(jJ) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(kK) The maximum combined maternity and parental allowances payable under this collective agreement payable, taken by a couple employed in the Public Service, shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec Parental Insurance Plan in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty (30) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.nor
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following within ten (10) months of his or her return to work, as described in section (A), should the employee claim the full twelve (12) weeks of parental allowance, the employee will work for a period equal to number of hours paid at straight time calculated by multiplying the period number of hours in the employee was in receipt of work week on which the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(Ballowance was calculated by fifteen (15), if applicable;
(C) within ten (10) months of his or her return to work, as described in section (A), should the employee claim only a portion of the full twelve (12) weeks of parental allowance, the employee will work a number of hours paid at straight time calculated by multiplying the number of hours in the work week on which the parental allowance was calculated by a number determined as follows: (15 weeks) X (number of weeks during which he/she
(D) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section sections (B) and (C), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should ;
(E) should he or she return to work but fail to work the total period number of hours as specified in section sections (B) or (C), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section sections (B) and (C), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period number of hours to be worked as specified in (B) or (C)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty (30) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).]
(b) For the purpose of sections (a)(iii)(B), (C) and (CE), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt will extend the ten (10) month period referred to in section sections (a)(iii)(B), without activating the recovery provisions described in section ) and (a)(iii)(CC).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) other than as provided in subparagraph (iii) below, for each week in respect of which the employee receives parental, adoption or paternity benefit under parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance parental benefits he or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit Employment Insurance benefits to which he/he or she would have been eligible if no extra monies had been earned during this period.;
(iii) where an the employee becomes entitled to an extension of parental benefits pursuant to Subsection 12(7) of the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under Subsection 12(7) of the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in QuebecAct.
(fe) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(gf) The weekly rate of pay referred to in paragraph (fe) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(hg) Notwithstanding paragraph (gf), and subject to subparagraph (f)(iie)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(ih) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(ji) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following within ten (10) months of his or her return to work, as described in section (A), should the employee claim the full twelve (12) weeks of parental allowance, the employee will work for a period equal to number of hours paid at straight time calculated by multiplying the period number of hours in the employee was in receipt of work week on which the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(Ballowance was calculated by fifteen (15), if applicable;
(C) within ten (10) months of his or her return to work, as described in section (A), should the employee claim only a portion of the full twelve (12) weeks of parental allowance, the employee will work a number of hours paid at straight time calculated by multiplying the number of hours in the work week on which the parental allowance was calculated by a number determined as follows: (15 weeks) X (number of weeks during which he/she
(D) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section sections (B) and (C), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should ;
(E) should he or she return to work but fail to work the total period number of hours as specified in section sections (B) or (C), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section sections (B) and (C), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period number of hours to be worked as specified in (B) or (C)] however, an employee whose specified period of employment expired and who is rehired by OSFI the same department within a period of thirty (30) five days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section sections (B) and (C).
(b) For the purpose of sections (a)(iii)(B), (C) and (CE), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt will extend the ten (10) month period referred to in section sections (a)(iii)(B), without activating the recovery provisions described in section ) and (a)(iii)(CC).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) other than as provided in subparagraph (iii) below, for each week in respect of which the employee receives parental, adoption or paternity benefit under parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance parental benefits he or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit Employment Insurance benefits to which he/he or she would have been eligible if no extra monies had been earned during this period.;
(iii) where an the employee becomes entitled to an extension of parental benefits pursuant to Subsection 12(7) of the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under Subsection 12(7) of the EI Act.
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i40.02(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in QuebecAct.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (aA) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs sub- clause 20.07 (cC) to (i)below, providing he or shethe employee:
(i1) has completed six (6) months of continuous employment before the commencement of parental leave without pay,;
(ii2) provides the Employer with proof that he or she the employee has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec the Quebec Parental Insurance Plan in respect of insurable employment with the Employer, ; and
(iii3) has signed an agreement with the Employer stating that:
(Aa) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(Bb) Following his or her following the employee’s return to work, as described in section paragraph (Aa), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(Bparagraph 20.04 (A) (3) (b), if applicable;
(Cc) should he or she the employee fail to return to work in accordance with section paragraph (Aa), or should the employee return to work but fail to work the total period specified in paragraph (b), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section paragraph (Bb), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she employee will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (Bb)] howeverHowever, an employee whose specified period of employment expired and who is rehired by OSFI the House of Commons within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her the employee’s new period of employment is sufficient to meet the obligations specified in section paragraph (Bb).
(bB) For the purpose of sections sub-paragraphs 20.07 (a)(iii)(B), A) (3) (b) and (Cc), periods of leave with pay shall will count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall will interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninetysub-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.paragraph
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (aA) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (cC) to (iI), providing he or shehe:
(i1) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii2) provides the Employer Council with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under pursuant to the Employment Insurance EI Act or Québec Parental Insurance Plan the QPIP in respect of insurable employment with the EmployerCouncil, and
(iii3) has signed an agreement with the Employer Council stating that:
(Aa) the employee will return to work on the expiry date of his/her his parental leave without pay, unless the return to work this date is modified by with the approval of another form of leaveCouncil's consent;
(Bb) Following his or her following the employee’s return to work, as described in section (A)a) above, the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B35.8 (A)(3)(b), if applicable;
(Cc) should he or she fail to return to work in accordance with section (A)a) above with an Employer described in Schedules I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for the full amount of the parental allowance he or she has received. Should ;
(d) should he or she return to work but fail to work the total period number of hours as specified in section (B)b) above with an Employer described in Schedules I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for an amount determined as follows: (allowance received) X (remaining period to be number of hours not worked following his/her return to work) [total period number of hours to be worked as specified in (Bb)] however]. However, an employee whose specified period of employment expired and who is rehired by OSFI a Schedule I, IV and V Employer of the Financial Administration Act within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B)b) above.
(bB) For the purpose of sections (a)(iii)(B35.12(A)(3)(b), (c) and (Cd), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt will extend the period referred to in section (a)(iii)(B35.12(A)(3)(b), without activating the recovery provisions described in section 35.12(A)(3)(c) and (a)(iii)(Cd).
(cC) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i1) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her his weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii2) for each week in respect of which the employee receives parental, paternity or adoption benefits pursuant to the EI Act or the QPIP, the difference between the gross weekly amount of the parental, paternity or adoption benefits he is eligible to receive and ninety-three per cent (93%) of his weekly rate of pay less any other monies earned during this period;
(3) where an employee has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefit under the Employment Insurance or the Québec Parental Insurance PlanQPIP and thereafter remains on parental leave without pay, he/she is eligible to receive a further parental allowance for a period of two (2) weeks, ninety-three per cent (93%) of her weekly rate of pay for each week, less any other monies earned during this period.
(4) where an employee has received the difference between full thirty-five (35) weeks of parental benefit under Employment Insurance and thereafter remains on parental leave without pay, he or she is eligible to receive a further parental allowance for a period of one (1) week, ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefitof pay for each week, less any other monies earned during this period which may result period, unless said employee has already received the one (1) week allowance contained in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period35.8(B)(1)(c) for the same child.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(dD) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i35.12(C)(1) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or the QPIP parental benefits.
(eE) The parental allowance to which an employee is entitled is limited to that provided in paragraph (cC) above and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance EI Act or the Parental Insurance Act in QuebecQuébec.
(fF) The weekly rate of pay referred to in paragraph (cC) above shall be:
(i1) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii2) for an employee who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i1) above by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(gG) The weekly rate of pay referred to in paragraph (fF) above shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(hH) Notwithstanding paragraph (g), G) and subject to subparagraph (f)(iiF)(2), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(iI) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(jJ) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(kK) The maximum combined maternity and parental allowances payable under this collective agreement payable, taken by a couple employed in the Public Service, shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i)) of the present article, providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec Quebec Parental Insurance Plan in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B34.03 (a) (iii) (B), if applicable;
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her he return to work) [(total period to be worked as specified in (B)] [B ) however, an employee whose specified period of employment expired and who is rehired by OSFI the NFB within a period of thirty five (305) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), a) (iii) (B) and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section section
(a)(iii)(Ba) (iii) (B), without activating the recovery provisions described in section (a)(iii)(Ca) (iii) (C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Quebec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.;
(iii) where an employee becomes entitled to an extension has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefits pursuant benefit under the Quebec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to the Employment Insurance Act, the receive a further parental allowance payable under the SUB Plan described in subparagraph for a period of two (ii2) will be extended by the number weeks, ninety-three per cent (93%) of weeks her weekly rate of extended benefits which the employee receives under the EI Actpay for each week, less any other monies earned during this period.
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i34.06 (c) (i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-full- time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which he or she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(iif) (ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance Allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) : has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) , provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or the Québec Parental Insurance Plan in respect of insurable employment with the Employer, and
(iii) and has signed an agreement with the Employer stating that:
(A) : the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) ; Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B), (a) if applicable;
(C) ; should he or she fail to return to work in accordance with section (A), or should she return to work but fail to work for reasons other than the total period specified in section she will be indebted to the Employer for an amount determined as follows: (allowance X (remaining period to be worked received) following her return to work) [total period to be worked as specified in the repayment provided for in will not apply in situations of: death, lay-; lay off, ; early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section the end of a specified period of employment, if the employee is rehired by the Employer within ninety (B)90) days following the end of the specified period of employment, or and who fulfills the obligations specified in section having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty (30) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.SuperannuationAd ,or
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:,
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec Parental Insurance Plan in respect of insurable employment with the Employer, and,
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B19.04a)(iii)B), if applicable;
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) (allowance received) X [total period to be worked as specified in (B)] howeverHowever, an employee whose specified period of employment expired and who is rehired by OSFI the Library of Parliament within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(Ba)(iii)B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(Ba)(iii)B), without activating the recovery provisions described in section (a)(iii)(Ca)(iii)C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefits pursuant benefit under the Québec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to the Employment Insurance Act, the receive a further parental allowance payable under the SUB Plan described in subparagraph for a period of two (ii2) will be extended by the number weeks, ninety-three per cent (93%) of weeks her weekly rate of extended benefits which the employee receives under the EI Act.pay for each week, less any other monies earned during this period;
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i19.07c)
(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeksweeks for each combined maternity and parental leave without pay.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, pay shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i)sub-clause C6.14 below, providing he or she:
(ia) has completed six (6) months of continuous employment before the commencement of parental leave without pay,;
(iib) provides the Employer Corporation with proof that he or she has applied for and is in receipt of parental, paternity or adoption Employment Insurance (EI) parental benefits under pursuant to section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, andCorporation;
(iiic) has signed an agreement with the Employer Corporation stating thatthat he or she:
(Ai) the employee will return to work on the expiry date of his/his or her parental leave without pay, unless the return to work this date is modified by with the approval of another form of leaveCorporation’s consent;
(Bii) Following within eighteen (18) months of his or her return to work, as described in section (A)from parental leave without pay, the employee will work for a period equal to an amount of hours paid at straight-time calculated by multiplying the period number of hours in the employee was in receipt of work week on which the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(Ballowance was calculated by twenty-six (26), if applicable;
(Ciii) should he or she the employee fail to return to work in accordance with section as per the provisions of sub-clauses C6.13(c)(i) and (A), ii) for reasons other than death, lay-off, off or early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (BC6.13(c)(ii), or having become disabled as defined in the Public Service Superannuation Act, the employee recognizes that he or she will be is indebted to the Employer Corporation for the full amount received as a parental allowance, proportionate to the amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified hours not worked in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted relation to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period hours to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty (30sub-clause C6.13(c)(ii) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B)above.
(bd) For for the purpose of sections (a)(iii)(B), and (Csub-clause C6.13(c)(ii), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec Parental Insurance Plan in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B17.03.1(a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension has received the full twenty-six (26) weeks of maternity benefit and the full thirty-seven (37) weeks of parental benefits pursuant benefit under the Québec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to the Employment Insurance Act, the receive a further parental allowance payable under the SUB Plan described in subparagraph for a period of two (ii2) will be extended by the number weeks, ninety-three per cent (93%) of weeks her weekly rate of extended benefits which the employee receives under the EI Actpay for each week, less any other monies earned during this period.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i17.05.1(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i)) of the present article, providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec Quebec Parental Insurance Plan in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B24.03 a) (iii) (B), if applicable;
(C) should he or she fail to return to work in accordance with section (A)) or should he or she return to work but fail to work the total period specified in section (B) , for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)) , or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)) ] however, an employee whose specified period of employment expired and who is rehired by OSFI the NFB within a period of thirty five (305) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections a) (a)(iii)(Biii) (B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section a) (a)(iii)(Biii) (B), without activating the recovery provisions described in section a) (a)(iii)(Ciii) (C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Quebec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.;
(iii) where an employee becomes entitled to an extension has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefits pursuant benefit under the Quebec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to the Employment Insurance Act, the receive a further parental allowance payable under the SUB Plan described in subparagraph for a period of two (ii2) will be extended by the number weeks, ninety-three per cent (93%) of weeks her weekly rate of extended benefits which the employee receives under the EI Actpay for each week, less any other monies earned during this period.
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i24.07 c) (i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-full- time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph f) (f)(iiii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance Allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B13.07(a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [[ total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI the same department within a period of thirty five (305) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;; **
(ii) for each week in respect of which the employee receives parental, adoption or paternity benefit under parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance parental benefits he or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit Employment Insurance benefits to which he/he or she would have been eligible if no extra monies had been earned during this period.;
(iii) where an the employee becomes entitled to an extension of parental benefits pursuant to Subsection 12(7) of the Employment Insurance ActAct , the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under Subsection 12(7) of the EI ActAct .
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i13.10(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in QuebecAct.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-full time and part-part- time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, pay shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i)sub-clause C5.14 below, providing he or she:
(ia) has completed six (6) months of continuous employment before the commencement of parental leave without pay,;
(iib) provides the Employer Corporation with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under pursuant to the Employment Insurance Act or the Québec Parental Insurance Plan in respect of insurable employment with the Employer, Corporation; and
(iiic) has signed an agreement with the Employer Corporation stating thatthat he or she:
(Ai) the employee will return to work on the expiry date of his/his or her parental leave without pay, unless the return to work this date is modified by the approval of another form of leave;
(Bii) Following within eighteen (18) months of his or her return to work, as described in section (A)from parental leave without pay, the employee will work for a period equal to an amount of hours paid at straight-time calculated by multiplying the period number of hours in the employee was in receipt of work week on which the parental allowance, in addition to allowance was calculated by the period number of time referred to in section 17.02(a)(iii)(B), if applicableweeks for which the allowance was paid;
(Ciii) should he or she the employee fail to return to work in accordance with section as per the provisions of sub-clauses C5.13(c)(i) and (A), ii) for reasons other than death, lay-off, off or early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (BC5.13(c)(ii), or having become disabled as defined in the Public Service Superannuation Act, the employee recognizes that he or she will be is indebted to the Employer Corporation for the full amount received as a parental allowance, proportionate to the amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified hours not worked in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted relation to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period hours to be worked as specified in sub-clause C5.13(c)(ii) above.
(B)] however, iv) should an employee whose specified period of employment expired and who is rehired by OSFI in any portion of the Core Public Administration as specified in the Federal Public Sector Labour Relations Act within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section subsection (Bii).
(bd) For for the purpose of sections (a)(iii)(B), and (Csub-clause C5.13(c)(ii), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (aA) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (cC) to (iI), providing he or shehe:
(i1) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii2) provides the Employer Council with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under pursuant to the Employment Insurance EI Act or Québec Parental Insurance Plan the QPIP in respect of insurable employment with the Employer, andCouncil,
(iii3) has signed an agreement with the Employer Council stating that:
(Aa) the employee will return to work on the expiry date of his/her his parental leave without pay, unless the return to work this date is modified by with the approval of another form of leaveCouncil's consent;
(Bb) Following his or her following the employee’s return to work, as described in section (A)a) above, the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B19.08 (A)(3)(b), if applicable;
(Cc) should he or she fail to return to work in accordance with section (A)a) above with an Employer described in Schedule I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for the full amount of the parental allowance he or she has received. Should ;
(d) should he or she return to work but fail to work the total period number of hours as specified in section (B)b) above with an Employer described in Schedule I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for an amount determined as follows: (allowance received) X (remaining period to be number of hours not worked following his/her return to work) [total period number of hours to be worked as specified in (Bb)] however]. However, an employee whose specified period of employment expired and who is rehired by OSFI a Schedule I, IV and V Employer of the Financial Administration Act within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B)b) above.
(bB) For the purpose of sections (a)(iii)(B19.12(A)(3)(b), (c) and (Cd), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt will extend the period referred to in section (a)(iii)(B19.12(A)(3)(b), without activating the recovery provisions described in section 19.12(A)(3)(c) and (a)(iii)(Cd).
(cC) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i1) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her his weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii2) for each week in respect of which the employee receives parental, paternity or adoption or paternity benefit under benefits pursuant to the Employment Insurance EI Act or the Québec Parental Insurance PlanQPIP, he/she the difference between the gross weekly amount of the parental, paternity or adoption benefits he is eligible to receive the difference between and ninety-three per cent (93%) of his or weekly rate of pay less any other monies earned during this period;
(3) where an employee has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefit under the QPIP and thereafter remains on parental leave without pay, she is eligible to receive a further parental allowance for a period of two (2) weeks, ninety-three per cent (93%) of her weekly rate and the parental, adoption or paternity benefitof pay for each week, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(dD) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i19.12(C)(1) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or the QPIP parental benefits.
(eE) The parental allowance to which an employee is entitled is limited to that provided in paragraph (cC) above and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance EI Act or the Parental Insurance Act in Quebec.the
(fF) The weekly rate of pay referred to in paragraph (cC) above shall be:
(i1) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii2) for an employee who has been employed on a part-time or on a combined full-full time and part-part- time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i1) above by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(gG) The weekly rate of pay referred to in paragraph (fF) above shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(hH) Notwithstanding paragraph (g), G) and subject to subparagraph (f)(iiF)(2), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(iI) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(jJ) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(kK) The maximum combined maternity and parental allowances payable under this collective agreement payable, taken by a couple employed in the Public Service, shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c17.07(b) to (i)below, providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,;
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption Employment Insurance (EI) parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, ; and
(iii) has signed an agreement with the Employer stating thatthat he or she:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by with the approval of another form of leave;Employer’s consent.
(B) Following within ten (10) months of his or her return to work, as described in section (A)from parental leave without pay, the employee will work for a period equal to an amount of hours paid at straight time calculated by multiplying the period number of hours in the employee was in receipt of work week on which the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(Ballowance was calculated by fifteen (15), if applicable;.
(C) should he or she the employee fail to return to work in accordance with section (A), the provisions of Clauses 17.04(a)(iii)(A) and 17.04(a)(iii)(B) for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she the employee will be indebted to the Employer for the full amount received as a parental allowance, proportionate to the amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified hours not worked in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted relation to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period hours to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty ) above
(30iv) days or less is not indebted for the amount if his or her new period purposes of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (Ciii)(B), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(cb) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(iA) where Where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance EI parental benefits, ninety-three per cent percent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies moneys earned during this period;.
(iiB) Other than as provided in (C) below, for each week in respect of which the employee receives parental, adoption or paternity benefit under EI parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross amount of the EI parental benefits he or the Québec Parental Insurance Plan, he/she is initially eligible to receive the difference between and ninety-three per cent percent (93%) of his or her weekly rate and the parental, adoption or paternity benefitof pay, less any other monies moneys earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit EI benefits to which he/she the employee would have been eligible if no extra monies had been earned during this period.
(iiiC) where an Where the employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph subsection 12(7) of the
(ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (ci) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.the
(fiii) The weekly rate of pay referred to in paragraph (cclause 17.07(b)(i) shall be:
(iA) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;,
(iiB) for an employee who has been employed on a part-time or on a combined full-full time and part-part time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (iA) by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(gA) The weekly rate of pay referred to in paragraph (fiii) shall be the rate to which the employee is entitled for the substantive level to which she or he be is appointed.
(hB) Notwithstanding paragraph (gA), and subject to subparagraph (f)(iiiii)(B), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(iv) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(jvi) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.. **
Appears in 1 contract
Samples: Master Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or shehe:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following his or her return to work, as described in section (A), the employee will work for a period equal to an amount of hours paid at straight-time calculated by multiplying the period number of hours in the employee was in receipt of work week on which the parental allowance, in addition to allowance was calculated by the period number of time referred to in section 17.02(a)(iii)(B), if applicableweeks for which the allowance was paid;
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, should he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work(allowance received) [total period to be worked as specified in (B)] × however, an employee whose specified period of employment expired and who is rehired by OSFI the CCRA within a period of thirty five (305) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:: **
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance employment insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay and any “terminable allowance” for each week of the waiting period, less any other monies earned during this period;; **
(ii) other than as provided in subparagraph (iii) below, for each week in respect of which the employee receives parental, adoption or paternity benefit under parental benefits pursuant to Section 23 of the Employment Insurance or Act, the Québec Parental Insurance Plan, he/she difference between the gross weekly amount of the employment insurance parental benefits he is eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate of pay and the parental, adoption or paternity benefit, any “terminable allowance” less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit Employment Insurance benefits to which he/she he would have been eligible if no extra monies had been earned during this period.;
(iii) where an the employee becomes entitled to an extension of parental benefits pursuant to Subsection 12(7) of the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under Subsection 12(7) of the EI Employment Insurance Act.
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i17.07(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in QuebecAct.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(g) The weekly rate of pay referred to in paragraph (f) and any “terminable allowance” shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate and any “terminable allowance” the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or shehe:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B17.04(a)(iii)(B), if applicable;; **
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, should he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI in any portion of the Public Service of Canada as specified in Schedule I and IV of the Financial Administration Act within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).. **
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three ninety -three per cent (93%) of his/her weekly rate of pay and the recruitment and retention "terminable allowance" for each week of the waiting period, less any other monies earned during this period;; **
(ii) for each week in respect of which the employee receives parental, adoption or paternity benefit under parental benefits pursuant to Section 23 of the Employment Insurance or Act, the Québec Parental difference between the gross weekly amount of the Employment Insurance Plan, he/she parental benefits he is eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate of pay and the parental, adoption or paternity benefit, recruitment and retention "terminable allowance" less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit Employment Insurance benefits to which he/she he would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.;
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i17.07(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in QuebecAct.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-full time and part-part- time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.. **
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate and the recruitment and retention "terminable allowance" to which the employee is entitled for the substantive level to which she or he is appointed.. **
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate and the recruitment and retention "terminable allowance" the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Health Services Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i)) below, providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, and,
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/his or her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B12.06 (a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)) ] however, an employee whose specified period of employment expired and who is rehired by OSFI the same department within a period of thirty (30) five days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(Ba) (iii) (B), without activating the recovery provisions described in section (a)(iii)(Ca) (iii) (C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Employme nt Insurance parental benefits, ninety-three per cent (93%) of his/his or her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) other than as provided in subparagraph (iii) below, for each week in respect of which the employee receives parental, adoption or paternity benefit under parental benefits pursuant to Section 23 of the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.Insurance
(iii) where an the employee becomes entitled to an extension of parental benefits pursuant to Subsection 12(7) of the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits benefits, which the employee receives under Subsection 12(7) of the EI Act.
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i12.10(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in QuebecAct.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-full- time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or shehe:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, and,
(iii) has signed an agreement with the Employer stating that:
(A) the he employee will return to work on the expiry date of his/her his parental leave without pay, unless the return to work date is modified by the approval of another form of leave;leave;
(B) Following following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B21.05 (a)(iii)(B), if applicable;applicable;
(C) should he or she fail to return to work in accordance with section (A) or should he return to work but fail to work the total period specified in section (B), for reasons other than death, lay-offlayoff, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) Allowance X (remaining received Remaining period to be worked following his/her his return to work) [total work Total period to be worked as specified in (B)] howeverHowever, an employee whose specified period of employment expired and who is rehired by OSFI the Senate within a period of thirty five (305) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), ) and (Ca)(iii)(C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three ninetythree per cent (93%) of his/her his weekly rate of pay for each week of the waiting period, less any other monies earned during this period;period;
(ii) other than as provided in subparagraph (iii) below, for each week in respect of which the employee receives parental, adoption or paternity benefit under parental benefits pursuant to Section 23 of the Employment Insurance or Act, the Québec Parental difference between the gross weekly amount of the Employment Insurance Plan, he/she parental benefits he is eligible to receive the difference between ninety-three and ninetythree per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit Employment Insurance benefits to which he/she he would have been eligible if no extra monies had been earned during this period.period;
(iii) where an the employee becomes entitled to an extension of parental benefits pursuant to Subsection 12(7) of the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under Subsection 12(7) of the EI Employment Insurance Act.
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i21.09(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP the employment insurance parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in QuebecAct.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time fulltime employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;pay;
(ii) for an employee who has been employed on a part-time parttime or on a combined full-full time and part-time parttime basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing in an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B38.02(a)(iii)(B), if applicable;; **
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI in any portion of the Public Service of Canada as specified in Part I of Schedule I of the Public Service Staff Relations Act within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;; **
(ii) for each week in respect of which the employee receives parental, adoption or paternity benefit under parental benefits pursuant to Section 23 of the Employment Insurance Act , the difference between the gross weekly amount of the Employment Insurance parental benefits he or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit Employment Insurance benefits to which he/he or she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i40.02(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in QuebecAct.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-part - time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, pay shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i)sub-clause C6.14 below, providing he or she:
(ia) has completed six (6) months of continuous employment before the commencement of parental leave without pay,;
(iib) provides the Employer Corporation with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under pursuant to the Employment Insurance Act or the Québec Parental Insurance Plan in respect of insurable employment with the Employer, Corporation;** and
(iiic) has signed an agreement with the Employer Corporation stating thatthat he or she:
(Ai) the employee will return to work on the expiry date of his/his or her parental leave without pay, unless the return to work this date is modified by the approval of another form of leave;**
(Bii) Following within eighteen (18) months of his or her return to work, as described in section (A)from parental leave without pay, the employee will work for a period equal to an amount of hours paid at straight-time calculated by multiplying the period number of hours in the employee was in receipt of work week on which the parental allowance, in addition to allowance was calculated by the period number of time referred to in section 17.02(a)(iii)(B), if applicableweeks for which the allowance was paid;
(Ciii) should he or she the employee fail to return to work in accordance with section as per the provisions of sub-clauses C6.13(c)(i) and (A), ii) for reasons other than death, lay-off, off or early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (BC6.13(c)(ii), or having become disabled as defined in the Public Service Superannuation Act, the employee recognizes that he or she will be is indebted to the Employer Corporation for the full amount received as a parental allowance, proportionate to the amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified hours not worked in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted relation to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period hours to be worked as specified in sub-clause C6.13(c)(ii) above.
(B)] however, iv) should an employee whose specified period of employment expired and who is rehired by OSFI in any portion of the Core Public Administration as specified in the Public Service Labour Relations Act within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section subsection (Bii).. **
(bd) For for the purpose of sections (a)(iii)(B), and (Csub-clause C6.13(c)(ii), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Parental Allowance. (aA) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (cC) to (iI), providing he or shehe:
(i1) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii2) provides the Employer Council with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under pursuant to the Employment Insurance EI Act or Québec Parental Insurance Plan the QPIP in respect of insurable employment with the EmployerCouncil, and
(iii3) has signed an agreement with the Employer Council stating that:
(Aa) the employee will return to work on the expiry date of his/her his parental leave without pay, unless the return to work this date is modified by with the approval of another form of leaveCouncil's consent;
(Bb) Following his or her following the employee’s return to work, as described in section (A)a) above, the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B26.06 (A)(3)(b), if applicable;
(Cc) should he or she fail to return to work in accordance with section (A)a) above with an Employer described in Schedule I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for the full amount of the parental allowance he or she has received. Should ;
(d) should he or she return to work but fail to work the total period number of hours as specified in section (B)b) above with an Employer described in Schedule I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for an amount determined as follows: (allowance received) X (remaining period to be number of hours not worked following his/her return to work) [total period number of hours to be worked as specified in (Bb)] however]. However, an employee whose specified period of employment expired and who is rehired by OSFI a Schedule I, IV and V Employer of the Financial Administration Act within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B)b) above.
(bB) For the purpose of sections (a)(iii)(B26.09(A)(3)(b), (c) and (Cd), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt will extend the period referred to in section (a)(iii)(B26.09(A)(3)(b), without activating the recovery provisions \ described in section 26.09(A)(3)(c) and (a)(iii)(Cd).
(cC) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i1) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her his weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii2) for each week in respect of which the employee receives parental, paternity or adoption benefits pursuant to the EI Act or the QPIP, the difference between the gross weekly amount of the parental, paternity or adoption benefits he is eligible to receive and ninety-three per cent (93%) of his weekly rate of pay less any other monies earned during this period;
(3) where an employee has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefit under the Employment Insurance or the Québec Parental Insurance PlanQPIP and thereafter remains on parental leave without pay, he/she is eligible to receive a further parental allowance for a period of two (2) weeks, ninety-three per cent (93%) of her weekly rate of pay for each week, less any other monies earned during this period.
(4) where an employee has received the difference between full thirty-five (35) weeks of parental benefit under Employment Insurance and thereafter remains on parental leave without pay, he or she is eligible to receive a further parental allowance for a period of one (1) week, ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefitof pay for each week, less any other monies earned during this period which may result period, unless said employee has already received the one (1) week allowance contained in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period26.06 (B) (1) (c) for the same child.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(dD) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i26.09(C)(1) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or the QPIP parental benefits.
(eE) The parental allowance to which an employee is entitled is limited to that provided in paragraph (cC) above and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance EI Act or the Parental Insurance Act in QuebecQuébec.
(fF) The weekly rate of pay referred to in paragraph (cC) above shall be:
(i1) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii2) for an employee who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i1) above by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(gG) The weekly rate of pay referred to in paragraph (fF) above shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(hH) Notwithstanding paragraph (g), G) and subject to subparagraph (f)(iiF)(2), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(iI) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(jJ) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(kK) The maximum combined maternity and parental allowances payable under this collective agreement payable, taken by a couple employed in the Public Service, shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or the Québec Parental Insurance Plan in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B17.04(a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI in any portion of the Core Public Administration as specified in the Public Service Labour Relations Act within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay and the recruitment and retention "terminable allowance", for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit benefits under the Employment Insurance or the Québec Parental Insurance Plan, he/he or she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate of pay and the recruitment and retention "terminable allowance" and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/he or she would have been eligible if no extra monies had been earned during this period.;
(iii) where an employee becomes entitled to an extension has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefits pursuant benefit under the Québec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to the Employment Insurance Act, the receive a further parental allowance payable under for a period of two (2) weeks, ninety-three per cent (93%) of her weekly rate of pay and the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Actrecruitment and retention "terminable allowance" for each week, less any other monies earned during this period.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i17.07(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI Employment Insurance or QPIP Québec Parental Insurance Plan parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in QuebecQuébec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-part- time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate and the recruitment and retention "terminable allowance" to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate and the recruitment and retention "terminable allowance", the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.weeks for each combined maternity and parental leave without pay. **
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B38.02(a)(iii)(B), if applicable;; **
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/his or her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI in any portion of the Public Service of Canada as specified in Part I of Schedule I of the Public Service Staff Relations Act within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;; **
(ii) for each week in respect of which the employee receives parental, adoption or paternity benefit under parental benefits pursuant to Section 23 of the Employment Insurance Act , the difference between the gross weekly amount of the Employment Insurance parental benefits he or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit Employment Insurance benefits to which he/he or she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.;
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i39.02(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in QuebecAct.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-full time and part-part- time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (aA) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (cC) to (iI), providing he or shehe:
(i1) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii2) provides the Employer Council with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under pursuant to the Employment Insurance EI Act or Québec Parental Insurance Plan the QPIP in respect of insurable employment with the EmployerCouncil, and
(iii3) has signed an agreement with the Employer Council stating that:
(Aa) the employee will return to work on the expiry date of his/her his parental leave without pay, unless the return to work this date is modified by with the approval of another form of leaveCouncil's consent;
(Bb) Following his or her following the employee’s return to work, as described in section (A)a) above, the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B19.08 (A)(3)(b), if applicable;
(Cc) should he or she fail to return to work in accordance with section (A)a) above with an Employer described in Schedule I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for the full amount of the parental allowance he or she has received. Should ;
(d) should he or she return to work but fail to work the total period number of hours as specified in section (B)b) above with an Employer described in Schedule I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for an amount determined as follows: (allowance received) X (remaining period to be number of hours not worked following his/her return to work) [total period number of hours to be worked as specified in (Bb)] however]. However, an employee whose specified period of employment expired and who is rehired by OSFI a Schedule I, IV and V Employer of the Financial Administration Act within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B)b) above.
(bB) For the purpose of sections (a)(iii)(B19.12(A)(3)(b), (c) and (Cd), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt will extend the period referred to in section (a)(iii)(B19.12(A)(3)(b), without activating the recovery provisions described in section 19.12(A)(3)(c) and (a)(iii)(Cd).
(cC) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i1) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her his weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii2) for each week in respect of which the employee receives parental, paternity or adoption or paternity benefit under benefits pursuant to the Employment Insurance EI Act or the Québec Parental Insurance PlanQPIP, he/she the difference between the gross weekly amount of the parental, paternity or adoption benefits he is eligible to receive the difference between and ninety-three per cent (93%) of his or weekly rate of pay less any other monies earned during this period;
(3) where an employee has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefit under the QPIP and thereafter remains on parental leave without pay, she is eligible to receive a further parental allowance for a period of two (2) weeks, ninety-three per cent (93%) of her weekly rate and the parental, adoption or paternity benefitof pay for each week, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(dD) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i19.12(C)(1) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or the QPIP parental benefits.
(eE) The parental allowance to which an employee is entitled is limited to that provided in paragraph (cC) above and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance EI Act or the Parental Insurance Act in QuebecQuébec.
(fF) The weekly rate of pay referred to in paragraph (cC) above shall be:
(i1) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii2) for an employee who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i1) above by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(gG) The weekly rate of pay referred to in paragraph (fF) above shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(hH) Notwithstanding paragraph (g), G) and subject to subparagraph (f)(iiF)(2), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(iI) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(jJ) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(kK) The maximum combined maternity and parental allowances payable under this collective agreement payable, taken by a couple employed in the Public Service, shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:,
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec Parental Insurance Plan in respect of insurable employment with the Employer, and,
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B19.04 a) (iii) B), if applicable;
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) (allowance received) X [total period to be worked as specified in (B)] howeverHowever, an employee whose specified period of employment expired and who is rehired by OSFI the Library of Parliament within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections a) (a)(iii)(Biii) B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section a) (a)(iii)(Biii) B), without activating the recovery provisions described in section a) (a)(iii)(Ciii) C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental or adoption benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) other than as provided in sub-clause (iii) below, for each week in respect of which the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, the difference between the gross weekly amount of the parental, adoption or paternity benefits under the Employment Insurance or Québec Parental Insurance Plan benefits he/she is eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her parental, adoption Employment Insurance or paternity benefit Québec Parental Insurance Plan benefits to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefits pursuant benefit under the Québec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to receive a further parental allowance for a period of two (2) weeks, ninety-three per cent (93%) of her weekly rate of pay for each week, less any other monies earned during this period;
(iv) where an employee has received the full thirty-five (35) weeks of parental benefit under Employment Insurance Actand thereafter remains on parental leave without pay, the she/he is eligible to receive a further parental allowance payable under for a period of one (1) week at ninety-three per cent (93%) of his or her weekly rate of pay, less any other monies earned during this period, unless said employee has already received the SUB Plan described one
(1) week allowance contained in subparagraph (ii19.04(c)(iii) will be extended by for the number of weeks of extended benefits which the employee receives under the EI Actsame child.
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i19.07c)
(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(. e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(Québec. f) The weekly rate of pay referred to in paragraph (c) shall be:
: (i) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
; (ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee officer who has been granted parental leave without pay, pay shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c23.13(b) to (i)below, providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,;
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption Employment Insurance (EI) parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, ; and
(iii) has signed an agreement with the Employer stating thatthat he or she:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by with the approval of another form of leave;Employer’s consent.
(B) Following within ten (10) months of his or her return to work, as described in section (A)from parental leave without pay, the employee officer will work for a period equal to an amount of hours paid at straight time calculated by multiplying the period number of hours in the employee was in receipt of work week on which the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(Ballowance was calculated by fifteen (15), if applicable;.
(C) should he/she will be indebted to the Employer for the full amount of parental allowance received if he or she fail fails to return to work in accordance with section as agreed to under sub-clauses (A), ) and (B) for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty (30) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(biv) For for the purpose purposes of sections (a)(iii)(B), and (Ciii)(B), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(cb) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(iA) where Where an employee officer is subject to a waiting period of two (2) weeks before receiving Employment Insurance EI parental benefits, ninety-three per cent percent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies moneys earned during this period;.
(iiB) Other than as provided in (C) below, for each week in respect of which the employee officer receives parental, adoption or paternity benefit under EI parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross amount of the EI parental benefits he or the Québec Parental Insurance Plan, he/she is initially eligible to receive the difference between and ninety-three per cent percent (93%) of his or her weekly rate and the parental, adoption or paternity benefitof pay, less any other monies moneys earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit EI benefits to which he/she the officer would have been eligible if no extra monies had been earned during this period.
(iiiC) where an employee Where the officer becomes entitled to an extension of parental benefits pursuant to Subsection 12(7) of the Employment Insurance EI Act, the parental allowance payable under the SUB Plan described in subparagraph (ii23.13(b)(i)(B) will be extended by the number of weeks of extended benefits which the employee officer receives under the EI Actthat Subsection.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(eii) The parental allowance to which an employee officer is entitled is limited to that provided in paragraph (ci) and an employee officer will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in QuebecEI Act.
(fiii) The weekly rate of pay referred to in paragraph (cclause 23.13(b)(i) shall be:
(iA) for a full-time employee, the employee's officer’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;,
(iiB) for an employee officer who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (iA) by the fraction obtained by dividing the employee's officer’s straight time earnings by the straight time earnings the employee officer would have earned working full-full time during such period.
(gA) The weekly rate of pay referred to in paragraph (fiii) shall be the rate to which the employee officer is entitled for the substantive level to which she or he is appointed.
(hB) Notwithstanding paragraph (gA), and subject to subparagraph (f)(iiiii)(B), if on the day immediately preceding the commencement of parental leave without pay an employee officer is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee officer was being paid on that day.
(iv) Where an employee officer becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(jvi) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's officer’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.. **
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec Parental Insurance Plan in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B), if applicable;,
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work for the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(Ba) (iii) (B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(Ba) (iii) (B), without activating the recovery provisions described in section (a)(iii)(Ca) (iii) (C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefits pursuant benefit under the Québec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to the Employment Insurance Act, the receive a further parental allowance payable under the SUB Plan described in subparagraph for a period of two (ii2) will be extended by the number weeks, ninety-three per cent (93%) of weeks her weekly rate of extended benefits which the employee receives under the EI Actpay for each week, less any other monies earned during this period.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i18.07.02 (c) (i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-full- time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(iif) (ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B13.06(a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI the same department within a period of thirty five (305) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).. **
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week in respect of which the employee receives parental, adoption or paternity benefit under parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance parental benefits he or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit Employment Insurance benefits to which he/he or she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Parental Allowance. (aA) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs sub- clause 20.07 (cC) to (i)below, providing he or shethe employee:
(i1) has completed six (6) months of continuous employment before the commencement of parental leave without pay,;
(ii2) provides the Employer with proof that he or she the employee has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec the Quebec Parental Insurance Plan in respect of insurable employment with the Employer, ; and
(iii3) has signed an agreement with the Employer stating that:
(Aa) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(Bb) Following his or her following the employee‟s return to work, as described in section paragraph (Aa), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(Bparagraph 20.04 (A) (3) (b), if applicable;
(Cc) should he or she the employee fail to return to work in accordance with section paragraph (Aa), or should the employee return to work but fail to work the total period specified in paragraph (b), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section paragraph (Bb), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she employee will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] howeverHowever, an employee whose specified period of employment expired and who is rehired by OSFI the House of Commons within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her the employee‟s new period of employment is sufficient to meet the obligations specified in section paragraph (Bb).
(bB) For the purpose of sections sub-paragraphs 20.07 (a)(iii)(B), A) (3) (b) and (Cc), periods of leave with pay shall will count as time worked. Periods of leave without pay during the employee's employee‟s return to work will not be counted as time worked but shall will interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninetysub-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.paragraph
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (ij), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B33.02(a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI the same department within a period of thirty five (305) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) other than as provided in subparagraph (iii) below, for each week in respect of which the employee receives parental, adoption or paternity benefit under parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance parental benefits he or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit Employment Insurance benefits to which he/he or she would have been eligible if no extra monies had been earned during this period.;
(iii) where an the employee becomes entitled to an extension of parental benefits pursuant to Subsection 12(7) of the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under Subsection 12(7) of the EI Act.
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.in
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (aA) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (cC) to (iI), providing he or shehe:
(i1) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii2) provides the Employer Council with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under pursuant to the Employment Insurance EI Act or Québec Parental Insurance Plan the QPIP in respect of insurable employment with the EmployerCouncil, and
(iii3) has signed an agreement with the Employer Council stating that:
(Aa) the employee will return to work on the expiry date of his/her his parental leave without pay, unless the return to work this date is modified by with the approval of another form of leaveCouncil's consent;
(Bb) Following his or her following the employee’s return to work, as described in section (A)a) above, the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B26.06 (A)(3)(b), if applicable;
(Cc) should he or she fail to return to work in accordance with section (A)a) above with an Employer described in Schedule I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for the full amount of the parental allowance he or she has received. Should ;
(d) should he or she return to work but fail to work the total period number of hours as specified in section (B)b) above with an Employer described in Schedule I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for an amount determined as follows: (allowance received) X (remaining period to be number of hours not worked following his/her his return to work) [total period number of hours to be worked as specified in (Bb)] however]. However, an employee whose specified period of employment expired and who is rehired by OSFI a Schedule I, IV and V Employer of the Financial Administration Act within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B)b) above.
(bB) For the purpose of sections (a)(iii)(B35.12(A)(3)(b), (c) and (Cd), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt will extend the period referred to in section (a)(iii)(B35.12(A)(3)(b), without activating the recovery provisions described in section 35.12(A)(3)(c) and (a)(iii)(Cd).
(cC) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i1) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her his weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii2) for each week in respect of which the employee receives parental, paternity or adoption or paternity benefit under benefits pursuant to the Employment Insurance EI Act or the Québec Parental Insurance PlanQPIP, he/she the difference between the gross weekly amount of the parental, paternity or adoption benefits he is eligible to receive the difference between and ninety-three per cent (93%) of his or weekly rate of pay less any other monies earned during this period;
(3) where an employee has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefit under the QPIP and thereafter remains on parental leave without pay, she is eligible to receive a further parental allowance for a period of two (2) weeks, ninety-three per cent (93%) of her weekly rate and the parental, adoption or paternity benefitof pay for each week, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(dD) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i35.12(C)(1) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or the QPIP parental benefits.
(eE) The parental allowance to which an employee is entitled is limited to that provided in paragraph (cC) above and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance EI Act or the Parental Insurance Act in QuebecQPIP parental benefits.
(fF) The weekly rate of pay referred to in paragraph (cC) above shall be:
(i1) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii2) for an employee who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i1) above by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(gG) The weekly rate of pay referred to in paragraph (fF) above shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(hH) Notwithstanding paragraph (g), G) and subject to subparagraph (f)(iiF)(2), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(iI) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(jJ) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(kK) The maximum combined maternity and parental allowances payable under this collective agreement payable, taken by a couple employed in the Public Service, shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Parental Allowance.
(aA) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs sub-clause 20.07 (cC) to (i)below, providing he or shethe employee:
(i1) has completed six (6) months of continuous employment before the commencement of parental leave without pay,;
(ii2) provides the Employer with proof that he or she the employee has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec the Quebec Parental Insurance Plan in respect of insurable employment with the Employer, and;
(iii3) has signed an agreement with the Employer stating that:
(Aa) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(Bb) Following his or her following the employee’s return to work, as described in section paragraph (Aa), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(Bparagraph 20.04 (A) (3) (b), if applicable;
(Cc) should he or she the employee fail to return to work in accordance with section paragraph (Aa), or should the employee return to work but fail to work the total period specified in paragraph (b), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section paragraph (Bb), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she employee will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (Bb)] howeverHowever, an employee whose specified period of employment expired and who is rehired by OSFI the House of Commons within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her the employee’s new period of employment is sufficient to meet the obligations specified in section paragraph (Bb).
(bB) For the purpose of sections sub-paragraphs 20.07 (a)(iii)(B), A) (3) (b) and (Cc), periods of leave with pay shall will count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall will interrupt the period referred to in section sub-paragraph 20.07 (a)(iii)(BA) (3) (b), without activating the recovery provisions described in section sub-paragraph 20.07 (a)(iii)(CA) (3) (c).
(cC) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance : parental benefits, ninety-three per cent percent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (aA) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs sub-clause 11.3.5 (cC) to (i)below, providing he or shethe employee:
(i1) has completed six (6) months of continuous employment before the commencement of parental leave without pay,;
(ii2) provides the Employer with proof that he or she the employee has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec the Quebec Parental Insurance Plan in respect of insurable employment with the Employer, ; and
(iii3) has signed an agreement with the Employer stating that:
(Aa) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(Bb) Following his or her following the employee’s return to work, as described in section paragraph (Aa), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(Bparagraph 11.3.2 (A) (3) (b), if applicable;
(Cc) should he or she the employee fail to return to work in accordance with section paragraph (Aa), or should the employee return to work but fail to work the total period specified in paragraph (b), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section paragraph (Bb), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she employee will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (Bb)] howeverHowever, an employee whose specified period of employment expired and who is rehired by OSFI the House of Commons within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her the employee’s new period of employment is sufficient to meet the obligations specified in section paragraph (Bb).
(bB) For the purpose of sections sub-paragraphs 11.3.5 (a)(iii)(B), A) (3) (b) and (Cc), periods of leave with pay shall will count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall will interrupt the period referred to in section sub- paragraph 11.3.5 (a)(iii)(BA) (3) (b), without activating the recovery provisions described in section sub-paragraph 11.3.5 (a)(iii)(CA) (3) (c).
(cC) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i1) (a) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent percent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B42.02(a)(iii)(B), if applicable;; **
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI in any portion of the Public Service of Canada as specified in Part I of Schedule I of the Public Service Staff Relations Act within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).. **
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week in respect of which the employee receives parental, adoption or paternity benefit under parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance parental benefits he or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit Employment Insurance benefits to which he/he or she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i44.02(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in QuebecAct.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer Centre with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or the Québec Parental Insurance Plan in respect of insurable employment with the EmployerCentre, and
(iii) has signed an agreement with the Employer Centre stating that:
(A) the employee will return to work on the expiry date of his/his or her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B30.02(a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Centre for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), ) and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/his or her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for For each week the employee receives parental, adoption or paternity benefit benefits under the Employment Insurance or the Québec Parental Insurance Plan, he/he or she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/his or her parental, adoption or paternity parental benefit to which he/he or she would have been eligible if no extra monies had been earned during this period.
(iii) where Where an employee becomes entitled to an extension has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefits pursuant benefit under the Québec Parental Insurance Plan and thereafter remains on parental leave without pay, he or she is eligible to receive a further parental allowance for a period of two (2) weeks at ninety-three per cent (93%) of his or her weekly rate of pay for each week, less any other monies earned during this period.
(iv) Where an employee has received the full thirty-five (35) weeks of parental benefit under the Employment Insurance Actand thereafter remains on parental leave without pay, the he or she is eligible to receive a further parental allowance payable under for a period of one (1) week at ninety-three per cent (93%) of his or her weekly rate of pay for that week, less any other monies earned during this period, unless said employee has already received the SUB Plan described one (1) week allowance contained in subparagraph (ii30.02(c)(iii) will be extended by for the number of weeks of extended benefits which the employee receives under the EI Actsame child.
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i30.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI Employment Insurance or QPIP Québec Parental Insurance Plan parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act respecting parental insurance in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which he or she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision that would increase the parental allowance while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined combined, shared maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeksweeks for each combined maternity and parental leave without pay.
(l) For employees who do not qualify for EI benefits, the top up will be calculated taking into account the maximum benefit that would have been payable if they had qualified.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs paragraph (c) to (i)below, providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer FIAA with proof that he or she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the EmployerFIAA, and
(iii) has signed an agreement with the Employer FIAA stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B28B.02 (a)(iii)(B), if applicable;.
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer FIAA for an amount determined as follows: (allowance received) X (remaining period to be worked received) following his/her return to work) [total period to be worked as specified in (B)] ) however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty (30) five days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count be counted as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-ninety- three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the ; and If an employee receives parentalelects, adoption or paternity benefit under the Employment Insurance Act, to receive employment insurance parental benefits for up to thirty-five (35) weeks, the FIAA will pay to the employee the difference between the gross weekly amount of the Employment Insurance parental benefit he or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between up to ninety-three per cent percent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit Employment Insurance benefits to which he/he or she would have been eligible if no extra monies had been earned during this period.
period for up to thirty-seven (iii37) where weeks, or If an employee becomes entitled to an extension of parental benefits pursuant to elects, under the Employment Insurance Act, to receive employment insurance parental benefits for up to sixty-one (61) weeks, the parental allowance payable under the SUB Plan described in subparagraph (ii) FIAA will be extended by the number of weeks of extended benefits which pay to the employee receives under the EI Actdifference between the gross weekly amount of Employment Insurance parental benefit he or she is eligible to receive up to fifty-five percent (55%) of his or her weekly rate of pay less any other monies earned during this period which may result in a decrease in Employment Insurance benefits to which he or she would have been eligible if no extra monies had been earned during this period for up to sixty-one (61) weeks. The parties agree that should there be any legislative changes, subsequent to the signing of this collective agreement, effecting the time or amount of parental leave benefits, the parties will forthwith meet to negotiate any necessary amendments. Until such amendments are negotiated, the parties intend the above to apply, insofar as legally permissible.
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.28B.02
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec Parental Insurance Plan in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B17.03.1(a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [[ total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension has received the full twenty-six (26) weeks of maternity benefit and the full thirty-seven (37) weeks of parental benefits pursuant benefit under the Québec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to the Employment Insurance Act, the receive a further parental allowance payable under the SUB Plan described in subparagraph for a period of two (ii2) will be extended by the number weeks, ninety-three per cent (93%) of weeks her weekly rate of extended benefits which the employee receives under the EI Act.pay for
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i17.05.1(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-full- time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B17.04 (a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI the same department within a period of thirty five (305) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).. **
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay and the recruitment and retention "terminable allowance", for each week of the waiting period, less any other monies earned during this period;
(ii) for each week in respect of which the employee receives parental, adoption or paternity benefit under parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance parental benefits he or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate of pay and the parental, adoption or paternity benefitrecruitment and retention "terminable allowance", less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit Employment Insurance benefits to which he/he or she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.;
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i17.07(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in QuebecAct.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-full time and part-part- time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate and the recruitment and retention "terminable allowance", to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate and the recruitment and retention "terminable allowance", the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)) , or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B)) , for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)) , or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)) ] however, an employee whose specified period of employment expired and who is rehired by OSFI the same department within a period of thirty (30) five days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked worked, but shall interrupt the period referred to in section A (a)(iii)(Biii) (B), without activating the recovery provisions described in section A (a)(iii)(Ciii) (C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) other than as provided in subparagraph (iii) below, for each week in respect of which the employee receives parental, adoption or paternity benefit under parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance parental benefits he or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit Employment Insurance benefits to which he/he or she would have been eligible if no extra monies had been earned during this period.;
(iii) where an the employee becomes entitled to an extension of parental benefits pursuant to Subsection 12(7) of the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under Subsection 12(7) of the EI Act.
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in QuebecAct.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (aA) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs sub-clause 11.3.5 (cC) to (i)below, providing he or shethe employee:
(i1) has completed six (6) months of continuous employment before the commencement of parental leave without pay,;
(ii2) provides the Employer with proof that he or she the employee has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec the Quebec Parental Insurance Plan in respect of insurable employment with the Employer, ; and
(iii3) has signed an agreement with the Employer stating that:
(Aa) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(Bb) Following his or her following the employee’s return to work, as described in section paragraph (Aa), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(Bparagraph 11.3.2 (A) (3) (b), if applicable;
(Cc) should he or she the employee fail to return to work in accordance with section paragraph (Aa), or should the employee return to work but fail to work the total period specified in paragraph (b), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section paragraph (Bb), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she employee will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (Bb)] howeverHowever, an employee whose specified period of employment expired and who is rehired by OSFI the House of Commons within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her the employee’s new period of employment is sufficient to meet the obligations specified in section paragraph (Bb).
(bB) For the purpose of sections sub-paragraphs 11.3.5 (a)(iii)(B), A) (3) (b) and (Cc), periods of leave with pay shall will count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall will interrupt the period referred to in section sub- paragraph 11.3.5 (a)(iii)(BA) (3) (b), without activating the recovery provisions described in section sub-paragraph 11.3.5 (a)(iii)(CA) (3) (c).
(cC) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(ia) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent percent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(iib) other than as provided in sub-paragraph 11.3.5 (c) (1) (c), for each week in respect of which the employee receives parental, paternity or adoption or paternity benefit benefits under the Employment Insurance or the Québec Quebec Parental Insurance Plan, he/she the difference between the gross weekly amount of the parental, paternity or adoption benefits the employee is eligible to receive the difference between and ninety-three per cent percent (93%) of his or her the employee’s weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her the parental, paternity or adoption or paternity benefit benefits to which he/she the employee would have been eligible if no extra monies had been earned during this period; where an employee has received the full eighteen (18) weeks of maternity benefits and the full thirty-two (32) weeks of parental benefits under the Quebec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to receive a further parental allowance for a period of two (2) weeks, at ninety-three per cent (93%) of her weekly rate of pay for each week, less any other monies earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d2) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(isub-paragraph 11.3.5 (C) (1) (a) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI parental, paternity or QPIP parental benefitsadoption benefits under the Employment Insurance or the Quebec Parental Insurance Plan.
(e3) The parental allowance to which an employee is entitled is limited to that provided in paragraph 11.3.5 (cC) (1) and an employee will not be reimbursed for any amount that he or she the employee is required to repay pursuant to the Employment Insurance lnsurance Act or the Parental Insurance Act in Quebec.
(f4) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a fullsub-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.paragraph
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (ik), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or the Québec Parental Insurance Plan in respect of insurable employment with the Employer, and,
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/his or her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, allowance in addition to the period of time referred to in section 17.02(a)(iii)(B21.04 (a) (iii) (B), if applicable;
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-lay- off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] ) however, an employee whose specified period of employment expired and who is rehired by OSFI the Commission within a period of thirty (30) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), ) and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(Ba) (iii) (B), without activating the recovery provisions described in section (a)(iii)(Ca) (iii) (C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
: * (i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent percent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (aA) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (cC) to (iI), providing he or he/she:
(i1) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii2) provides the Employer Council with proof that he or he/she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, andCouncil,
(iii3) has signed an agreement with the Employer Council stating that:
(Aa) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work this date is modified by with the approval of another form of leaveCouncil's consent;
(Bb) Following his or her following the employee’s return to work, as described in section (A), the employee will work for a period equal to number of hours paid at straight time calculated by multiplying the period number of hours in the employee was in receipt of work week on which the parental allowance, allowance was calculated by the number of weeks for which the allowance was paid in addition to the period of time referred to in section 17.02(a)(iii)(B20.08 (A) (3) (b), if applicable;
(Cc) should he or he/she fail to return to work in accordance with section (Aa) with an Employer described in Schedule 1 of the Public Service Staff Relations Act (PSSRA), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (Bb), or having become disabled as defined in the Public Service Superannuation Act, he or he/she will be indebted to the Employer Council for the full amount of the parental allowance he or he/she has received. Should he or ;
(d) should he/she return to work but fail to work the total period number of hours as specified in section (Bb) with an Employer described in Schedule 1 of the Public Service Staff Relations Act (PSSRA), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (Bb), or having become disabled as defined in the Public Service Superannuation Act, he or he/she will be indebted to the Employer Council for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period number of hours to be worked as specified in (Bb)] however, an employee whose specified period of employment expired and who is rehired by OSFI a Schedule 1 Employer of the Public Service Staff Relations Act (PSSRA) within a period of thirty five (305) days or less is not indebted for the amount if his or his/her new period of employment is sufficient to meet the obligations specified in section (Bb).
(bB) For the purpose of sections (a)(iii)(B), A)(3)(b) and (Cd), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt will extend the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(CA)(3)(b).
(cC) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i1) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay and the recruitment and retention “terminable allowance” for each week of the waiting period, less any other monies earned during this period;
(ii2) other than as provided in subparagraph (3) below, for each week in respect of which the employee receives parental, adoption or paternity benefit under parental benefits pursuant to Section 23 of the Employment Insurance or Act, the Québec Parental difference between the gross weekly amount of the Employment Insurance Plan, parental benefits he/she is eligible to receive the difference between and ninety-three per cent (93%) of his or his/her weekly rate of pay and the parental, adoption or paternity benefit, recruitment and retention “terminable allowance” less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.;
(iii3) where an the employee becomes entitled to an extension of parental benefits pursuant to Subsection 12(7) of the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii2) will be extended by the number of weeks of extended benefits which the employee receives under Subsection 12(7) of the EI Act.
(dD) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i20.11 (C)(1) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(eE) The parental allowance to which an employee is entitled is limited to that provided in paragraph (cC) and an employee will not be reimbursed for any amount that he or he/she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in QuebecAct.
(fF) The weekly rate of pay referred to in paragraph (cC) shall be:
(i1) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii2) for an employee who has been employed on a part-part- time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i1) by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(gG) The weekly rate of pay referred to in paragraph (fF) shall be the rate and the recruitment and retention “terminable allowance” to which the employee is entitled for the substantive level to which she or he is appointed.
(hH) Notwithstanding paragraph (gG), and subject to subparagraph (f)(iiF)(2), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate and the recruitment and retention “terminable allowance” the employee was being paid on that day.
(iI) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(jJ) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c18.07(b) to (i)below, providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,;
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, ; and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B18.04(a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI the same department within a period of thirty (30) five days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(iA) where Where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;.
(iiB) for For each week in respect of which the employee receives parental, adoption or paternity benefit under EI parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross amount of the Employment Insurance parental benefits he or the Québec Parental Insurance Plan, he/she is initially eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefitof pay, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit Employment Insurance benefits to which he/he or she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(isub-clause 18.07(c)(i)(A) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(eiii) The parental allowance to which an employee is entitled is limited to that provided in paragraph (ci) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in QuebecEI Act.
(fiv) The weekly rate of pay referred to in paragraph (csub-clause 18.07(c)(i) shall be:
(iA) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(iiB) for an employee who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (iA) by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(gv) The weekly rate of pay referred to in paragraph sub-clause (fiv) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(hvi) Notwithstanding paragraph (gv), and subject to subparagraph (f)(iiiv)(B), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(ivii) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(jviii) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Parental Allowance. (aA) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (cC) to (iI), providing he or shehe:
(i1) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii2) provides the Employer Council with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under pursuant to the Employment Insurance EI Act or Québec Parental Insurance Plan the QPIP in respect of insurable employment with the Employer, andCouncil,
(iii3) has signed an agreement with the Employer Council stating that:
(Aa) the employee will return to work on the expiry date of his/her his parental leave without pay, unless the return to work this date is modified by with the approval of another form of leaveCouncil's consent;
(Bb) Following his or her following the employee’s return to work, as described in section (A)a) above, the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B26.06 (A)(3)(b), if applicable;
(Cc) should he or she fail to return to work in accordance with section (A)a) above with an Employer described in Schedule I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for the full amount of the parental allowance he or she has received. Should ;
(d) should he or she return to work but fail to work the total period number of hours as specified in section (B)b) above with an Employer described in Schedule I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for an amount determined as follows: (allowance received) X (remaining period to be number of hours not worked following his/her return to work) [total period number of hours to be worked as specified in (Bb)] however]. However, an employee whose specified period of employment expired and who is rehired by OSFI a Schedule I, IV and V Employer of the Financial Administration Act within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B)b) above.
(bB) For the purpose of sections (a)(iii)(B26.09(A)(3)(b), (c) and (Cd), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt will extend the period referred to in section (a)(iii)(B26.09(A)(3)(b), without activating the recovery provisions \ described in section 26.09(A)(3)(c) and (a)(iii)(Cd).
(cC) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i1) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her his weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii2) for each week in respect of which the employee receives parental, paternity or adoption or paternity benefit under benefits pursuant to the Employment Insurance EI Act or the Québec Parental Insurance PlanQPIP, he/she the difference between the gross weekly amount of the parental, paternity or adoption benefits he is eligible to receive the difference between and ninety-three per cent (93%) of his or weekly rate of pay less any other monies earned during this period;
(3) where an employee has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefit under the QPIP and thereafter remains on parental leave without pay, she is eligible to receive a further parental allowance for a period of two (2) weeks, ninety-three per cent (93%) of her weekly rate and the parental, adoption or paternity benefitof pay for each week, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(dD) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i26.09(C)(1) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or the QPIP parental benefits.
(eE) The parental allowance to which an employee is entitled is limited to that provided in paragraph (cC) above and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance EI Act or the Parental Insurance Act in QuebecQuébec.
(fF) The weekly rate of pay referred to in paragraph (cC) above shall be:
(i1) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii2) for an employee who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i1) above by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(gG) The weekly rate of pay referred to in paragraph (fF) above shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(hH) Notwithstanding paragraph (g), G) and subject to subparagraph (f)(iiF)(2), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.four
Appears in 1 contract
Samples: Collective Bargaining Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or the Québec Parental Insurance Plan in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B30.04(a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI in any portion of the Core Public Administration as specified in the Public Service Labour Relations Act within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay pay, for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit benefits under the Employment Insurance or the Québec Parental Insurance Plan, he/he or she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate of pay and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/he or she would have been eligible if no extra monies had been earned during this period.;
(iii) where an employee becomes entitled to an extension has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefits pursuant benefit under the Québec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to the Employment Insurance Act, the receive a further parental allowance payable under the SUB Plan described in subparagraph for a period of two (ii2) will be extended by the number weeks, ninety-three per cent (93%) of weeks her weekly rate of extended benefits which the employee receives under the EI Actpay for each week, less any other monies earned during this period.
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i30.07(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI Employment Insurance or QPIP Québec Parental Insurance Plan parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in QuebecQuébec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate rate, the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.weeks for each combined maternity and parental leave without pay. **
Appears in 1 contract
Samples: Collective Bargaining Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (ij), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;; **
(B) Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B25.08(a)(iii)(B), if applicable;; **
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI the same department within a period of thirty (30) five days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).. **
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) other than as provided in subparagraph (iii) below, for each week in respect of which the employee receives parental, adoption or paternity benefit under parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance parental benefits he or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit Employment Insurance benefits to which he/he or she would have been eligible if no extra monies had been earned during this period.;
(iii) where an the employee becomes entitled to an extension of parental benefits pursuant to Subsection 12(7) of the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under Subsection 12(7) of the EI Act.
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i25.12(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in QuebecAct.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) they: has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) , provides the Employer with proof that he or she has they have applied for and is are in receipt of parental, paternity or adoption parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, and
(iii) and has signed an agreement with the Employer stating that:
(A) : the employee will return to work on the expiry date of his/her their parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) ; Following his or her their return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B40.02(a)(iii)(B), if applicable;
(C) ; ** P a g e | 52 should he or she they fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she should they return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Actdisabled, he or she they will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her their return to work) [total period to be worked as specified in (B)] howeverHowever, an employee whose specified period of employment expired and who is rehired by OSFI the Employer within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her their new period of employment is sufficient to meet the obligations specified in section (B).
(b) . For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) . Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) : where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent percent (93%) of his/her their weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) ; ** for each week in respect of which the employee receives parental, adoption or paternity benefit under parental benefits pursuant to Section 23 of the Employment Insurance or Act, the Québec Parental difference between the gross weekly amount of the Employment Insurance Plan, he/she is parental benefits they are eligible to receive the difference between and ninety-three per cent percent (93%) of his or her their weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit Employment Insurance benefits to which he/she they would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) . P a g e | 53 At the employee's request, the payment referred to in subparagraph 17.05(c)(i42.02(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP El parental benefits.
(e) . The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is they are required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) Act. The weekly rate of pay referred to in paragraph (c) shall be:
(i) : for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) ; for an employee who has been employed on a part-time or on a combined full-full- time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) . The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is they are appointed.
(h) . Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) . Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) . Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec Parental Insurance Plan in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B16.06(a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [[ total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Parental Allowance. (aA) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (cC) to (iI), providing he or shehe:
(i1) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii2) provides the Employer Council with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under pursuant to the Employment Insurance EI Act or Québec Parental Insurance Plan the QPIP in respect of insurable employment with the EmployerCouncil, and
(iii3) has signed an agreement with the Employer Council stating that:
(Aa) the employee will return to work on the expiry date of his/her his parental leave without pay, unless the return to work this date is modified by with the approval of another form of leaveCouncil's consent;
(Bb) Following his or her following the employee’s return to work, as described in section (A)a) above, the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B35.8 (A)(3)(b), if applicable;
(Cc) should he or she fail to return to work in accordance with section (A)a) above with an Employer described in Schedules I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for the full amount of the parental allowance he or she has received. Should ;
(d) should he or she return to work but fail to work the total period number of hours as specified in section (B)b) above with an Employer described in Schedules I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for an amount determined as follows: (allowance received) X (remaining period to be number of hours not worked following his/her return to work) [total period number of hours to be worked as specified in (Bb)] however]. However, an employee whose specified period of employment expired and who is rehired by OSFI a Schedule I, IV and V Employer of the Financial Administration Act within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B)b) above.
(bB) For the purpose of sections (a)(iii)(B35.12(A)(3)(b), (c) and (Cd), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt will extend the period referred to in section (a)(iii)(B35.12(A)(3)(b), without activating the recovery provisions described in section 35.12(A)(3)(c) and (a)(iii)(Cd).. **
(cC) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:: **
(i1) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her his weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii2) for each week in respect of which the employee receives parental, paternity or adoption benefits pursuant to the EI Act or the QPIP, the difference between the gross weekly amount of the parental, paternity or adoption benefits he is eligible to receive and ninety-three per cent (93%) of his weekly rate of pay less any other monies earned during this period;
(3) where an employee has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefit under the Employment Insurance or the Québec Parental Insurance PlanQPIP and thereafter remains on parental leave without pay, he/she is eligible to receive a further parental allowance for a period of two (2) weeks, ninety-three per cent (93%) of her weekly rate of pay for each week, less any other monies earned during this period; **
(4) where an employee has received the difference between full thirty-five (35) weeks of parental benefit under Employment Insurance and thereafter remains on parental leave without pay, he or she is eligible to receive a further parental allowance for a period of one (1) week, ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefitof pay for each week, less any other monies earned during this period which may result period, unless said employee has already received the one (1) week allowance contained in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period35.8 (B) (c) for the same child.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(dD) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i35.12(C)(1) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or the QPIP parental benefits.
(eE) The parental allowance to which an employee is entitled is limited to that provided in paragraph (cC) above and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance EI Act or the Parental Insurance Act in QuebecQuébec.
(fF) The weekly rate of pay referred to in paragraph (cC) above shall be:
(i1) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii2) for an employee who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i1) above by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(gG) The weekly rate of pay referred to in paragraph (fF) above shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(hH) Notwithstanding paragraph (g), G) and subject to subparagraph (f)(iiF)(2), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(iI) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(jJ) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(kK) The maximum combined maternity and parental allowances payable under this collective agreement payable, taken by a couple employed in the Public Service, shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Parental Allowance. (aA) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (cC) to (iI), providing he or shehe:
(i1) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii2) provides the Employer Council with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under pursuant to the Employment Insurance EI Act or Québec Parental Insurance Plan the QPIP in respect of insurable employment with the EmployerCouncil, and
(iii3) has signed an agreement with the Employer Council stating that:
(Aa) the employee will return to work on the expiry date of his/her his parental leave without pay, unless the return to work this date is modified by with the approval of another form of leaveCouncil's consent;
(Bb) Following his or her following the employee’s return to work, as described in section (A)a) above, the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B26.06 (A)(3)(b), if applicable;
(Cc) should he or she fail to return to work in accordance with section (A)a) above with an Employer described in Schedule I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for the full amount of the parental allowance he or she has received. Should ;
(d) should he or she return to work but fail to work the total period number of hours as specified in section (B)b) above with an Employer described in Schedule I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for an amount determined as follows: (allowance received) X (remaining period to be number of hours not worked following his/her return to work) [total period number of hours to be worked as specified in (Bb)] however]. However, an employee whose specified period of employment expired and who is rehired by OSFI a Schedule I, IV and V Employer of the Financial Administration Act within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B)b) above.
(bB) For the purpose of sections (a)(iii)(B26.09(A)(3)(b), (c) and (Cd), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt will extend the period referred to in section (a)(iii)(B26.09(A)(3)(b), without activating the recovery provisions \ described in section 26.09(A)(3)(c) and (a)(iii)(Cd).
(cC) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i1) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her his weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii2) for each week in respect of which the employee receives parental, paternity or adoption or paternity benefit under benefits pursuant to the Employment Insurance EI Act or the Québec Parental Insurance PlanQPIP, he/she the difference between the gross weekly amount of the parental, paternity or adoption benefits he is eligible to receive the difference between and ninety-three per cent (93%) of his or weekly rate of pay less any other monies earned during this period;
(3) where an employee has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefit under the QPIP and thereafter remains on parental leave without pay, she is eligible to receive a further parental allowance for a period of two (2) weeks, ninety-three per cent (93%) of her weekly rate and the parental, adoption or paternity benefitof pay for each week, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(dD) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i26.09(C)(1) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or the QPIP parental benefits.
(eE) The parental allowance to which an employee is entitled is limited to that provided in paragraph (cC) above and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance EI Act or the Parental Insurance Act in QuebecQuébec.
(fF) The weekly rate of pay referred to in paragraph (cC) above shall be:
(i1) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii2) for an employee who has been employed on a part-time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i1) above by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(gG) The weekly rate of pay referred to in paragraph (fF) above shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(hH) Notwithstanding paragraph (g), G) and subject to subparagraph (f)(iiF)(2), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(iI) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(jJ) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(kK) The maximum combined maternity and parental allowances payable under this collective agreement payable, taken by a couple employed in the Public Service, shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, pay shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i)sub-clause C5.14 below, providing he or she:
(ia) has completed six (6) months of continuous employment before the commencement of parental leave without pay,;
(iib) provides the Employer Corporation with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under pursuant to the Employment Insurance Act or the Québec Parental Insurance Plan in respect of insurable employment with the Employer, Corporation; and
(iiic) has signed an agreement with the Employer Corporation stating thatthat he or she:
(Ai) the employee will return to work on the expiry date of his/his or her parental leave without pay, unless the return to work this date is modified by the approval of another form of leave;
(Bii) Following within eighteen (18) months of his or her return to work, as described in section (A)from parental leave without pay, the employee will work for a period equal to an amount of hours paid at straight-time calculated by multiplying the period number of hours in the employee was in receipt of work week on which the parental allowance, in addition to allowance was calculated by the period number of time referred to in section 17.02(a)(iii)(B), if applicableweeks for which the allowance was paid;
(Ciii) should he or she the employee fail to return to work in accordance with section as per the provisions of sub-clauses C5.13(c)(i) and (A), ii) for reasons other than death, lay-off, off or early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (BC5.13(c)(ii), or having become disabled as defined in the Public Service Superannuation Act, the employee recognizes that he or she will be is indebted to the Employer Corporation for the full amount received as a parental allowance, proportionate to the amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified hours not worked in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted relation to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period hours to be worked as specified in sub-clause C5.13(c)(ii) above.
(B)] however, iv) should an employee whose specified period of employment expired and who is rehired by OSFI in any portion of the Core Public Administration as specified in the Public Service Labour Relations Act within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section subsection (Bii).
(bd) For for the purpose of sections (a)(iii)(B), and (Csub-clause C5.13(c)(ii), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), ( providing he or she:
(i) she : ( has completed six (6) months 6)months of continuous employment before the commencement of parental leave without pay,
(ii) , provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to Section of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, and
(iii) and has signed an agreement with the Employer stating that:
(A) that : the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following ; following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B), if applicable;
(C) ; should he or she fail to return to work in accordance with section (A), ) or should he or she return to work but fail to work the total period specified in section for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as followsfollows : (allowance received) X (remaining number period to be worked following his/her return to work) work [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty (30) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) following : where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her 93%)of weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) ; other than as provided in subparagraph below, for each week in respect which the employee receives parental, adoption or paternity benefit under parental benefits pursuant to Section of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance parental benefits he or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent and (93%) of 93%)of his or her weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit Employment Insurance benefits to which he/he or she would have been eligible if no extra monies had been earned during this period.
(iii) ; where an the employee becomes entitled to an extension of parental benefits pursuant to Subsection of the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under Subsection of the EI Act.
(d) . At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i) ( will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (aA) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (cC) to (iI), providing he or shehe:
(i1) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii2) provides the Employer Council with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under pursuant to the Employment Insurance EI Act or Québec Parental Insurance Plan the QPIP in respect of insurable employment with the Employer, andCouncil,
(iii3) has signed an agreement with the Employer Council stating that:
(Aa) the employee will return to work on the expiry date of his/her his parental leave without pay, unless the return to work this date is modified by with the approval of another form of leaveCouncil's consent;
(Bb) Following his or her following the employee’s return to work, as described in section (A)a) above, the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B35.8 (A)(3)(b), if applicable;
(Cc) should he or she fail to return to work in accordance with section (A)a) above with an Employer described in Schedules I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for the full amount of the parental allowance he or she has received. Should ;
(d) should he or she return to work but fail to work the total period number of hours as specified in section (B)b) above with an Employer described in Schedules I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for an amount determined as follows: (allowance received) X (remaining period to be number of hours not worked following his/her return to work) [total period number of hours to be worked as specified in (Bb)] however]. However, an employee whose specified period of employment expired and who is rehired by OSFI a Schedule I, IV and V Employer of the Financial Administration Act within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B)b) above.
(bB) For the purpose of sections (a)(iii)(B35.12(A)(3)(b), (c) and (Cd), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt will extend the period referred to in section (a)(iii)(B35.12(A)(3)(b), without activating the recovery provisions described in section 35.12(A)(3)(c) and (a)(iii)(Cd).
(cC) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i1) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her his weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii2) for each week in respect of which the employee receives parental, paternity or adoption or paternity benefit under benefits pursuant to the Employment Insurance EI Act or the Québec Parental Insurance PlanQPIP, he/she the difference between the gross weekly amount of the parental, paternity or adoption benefits he is eligible to receive the difference between and ninety-three per cent (93%) of his or weekly rate of pay less any other monies earned during this period;
(3) where an employee has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefit under the QPIP and thereafter remains on parental leave without pay, she is eligible to receive a further parental allowance for a period of two (2) weeks, ninety-three per cent (93%) of her weekly rate and the parental, adoption or paternity benefitof pay for each week, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(dD) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i35.12(C)(1) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or the QPIP parental benefits.
(eE) The parental allowance to which an employee is entitled is limited to that provided in paragraph (cC) above and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance EI Act or the Parental Insurance Act in QuebecQuébec.
(fF) The weekly rate of pay referred to in paragraph (cC) above shall be:
(i1) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii2) for an employee who has been employed on a part-part- time or on a combined full-full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i1) above by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-full time during such period.
(gG) The weekly rate of pay referred to in paragraph (fF) above shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(hH) Notwithstanding paragraph (g), G) and subject to subparagraph (f)(iiF)(2), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(iI) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(jJ) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(kK) The maximum combined maternity and parental allowances payable under this collective agreement payable, taken by a couple employed in the Public Service, shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Parental Allowance. (aA) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (cC) to (iI), providing he or shehe:
(i1) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii2) provides the Employer Council with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under pursuant to the Employment Insurance EI Act or Québec Parental Insurance Plan the QPIP in respect of insurable employment with the EmployerCouncil, and
(iii3) has signed an agreement with the Employer Council stating that:
(Aa) the employee will return to work on the expiry date of his/her his parental leave without pay, unless the return to work this date is modified by with the approval of another form of leaveCouncil's consent;
(Bb) Following his or her following the employee’s return to work, as described in section (A)a) above, the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B20.08 (A)(3)(b), if applicable;
(Cc) should he or she fail to return to work in accordance with section (A)a) above with an Employer described in Schedule I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for the full amount of the parental allowance he or she has received. Should ;
(d) should he or she return to work but fail to work the total period number of hours as specified in section (B)b) above with an Employer described in Schedule I, IV and V of the Financial Administration Act, for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B)b) above, or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer Council for an amount determined as follows: (allowance received) X (remaining period to be number of hours not worked following his/her return to work) [total period number of hours to be worked as specified in (Bb)] however]. However, an employee whose specified period of employment expired and who is rehired by OSFI a Schedule I, IV and V Employer of the Financial Administration Act within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B)b) above.
(bB) For the purpose of sections (a)(iii)(B20.11(A)(3)(b), (c) and (Cd), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt will extend the period referred to in section (a)(iii)(B20.11(A)(3)(b), without activating the recovery provisions described in section 20.11(A)(3)(c) and (a)(iii)(Cd).
(cC) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i1) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her his weekly rate of pay and the recruitment and retention “terminable allowance” for each week of the waiting period, less any other monies earned during this period;
(ii2) for each week in respect of which the employee receives parental, paternity or adoption or paternity benefit under benefits pursuant to the Employment Insurance EI Act or the Québec Parental Insurance PlanQPIP, he/she the difference between the gross weekly amount of the parental, paternity or adoption benefits he is eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate of pay and the parental, adoption or paternity benefit, recruitment retention “terminable allowance” less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.;
(iii3) where an employee becomes entitled to an extension has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable benefit under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated QPIP and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay thereafter remains on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred she is eligible to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of receive a further parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible allowance for a pay increment or pay revision while in receipt period of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.two
Appears in 1 contract
Samples: Collective Bargaining Agreement
Parental Allowance. (aA) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs sub-clause 11.3.5 (cC) to (i)below, providing he or shethe employee:
(i1) has completed six (6) months of continuous employment before the commencement of parental leave without pay,;
(ii2) provides the Employer with proof that he or she the employee has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec the Quebec Parental Insurance Plan in respect of insurable employment with the Employer, ; and
(iii3) has signed an agreement with the Employer stating that:
(Aa) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(Bb) Following his or her following the employee’s return to work, as described in section paragraph (Aa), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(Bparagraph 11.3.2 (A) (3) (b), if applicable;
(Cc) should he or she the employee fail to return to work in accordance with section paragraph (Aa), or should the employee return to work but fail to work the total period specified in paragraph (b), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section paragraph (Bb), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she employee will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (Bb)] howeverHowever, an employee whose specified period of employment expired and who is rehired by OSFI the House of Commons within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her the employee’s new period of employment is sufficient to meet the obligations specified in section paragraph (Bb).
(bB) For the purpose of sections sub-paragraphs 11.3.5 (a)(iii)(B), A) (3) (b) and (Cc), periods of leave with pay shall will count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall will interrupt the period referred to in section sub-paragraph 11.3.5 (a)(iii)(BA) (3) (b), without activating the recovery provisions described in section sub-paragraph 11.3.5 (a)(iii)(CA) (3) (c).
(cC) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i1) (a) where an employee is subject to a waiting period of two two
(2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent percent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of the parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her his parental leave without pay, pay unless the return to work date is modified by the approval of another form of leave;
(B) Following following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B16.04(a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, should he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation ActCTC Pension Plan, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [[ total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty five (305) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her his weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) other than as provided in subparagraph (iii) below, for each week in respect of which the employee receives parental, adoption or paternity benefit under parental benefits pursuant to Section 23 of the Employment Insurance or Act as amended from time to time, the Québec Parental difference between the gross weekly amount of the Employment Insurance Plan, he/she parental benefits he is eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit Employment Insurance benefits to which he/she he would have been eligible if no extra monies had been earned during this period.;
(iii) where an the employee becomes entitled to an extension of parental benefits pursuant to Subsection 12(7) of the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Employment Insurance Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i16.07(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in QuebecAct.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-part- time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight straight-time earnings by the straight straight-time earnings the employee would have earned working full-full time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:,
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,;
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec Parental Insurance Plan in respect of insurable employment with the Employer, and;
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;,
(B) Following following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B19.04a)(iii)B), if applicable;,
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [work allowance received X total period to be worked as specified in (B)] ) however, an employee whose specified period of employment expired and who is rehired by OSFI the Library of Parliament within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(Ba)(iii)B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(Ba)(iii)B), without activating the recovery provisions described in section (a)(iii)(Ca)(iii)C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental or adoption benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) other than as provided in subparagraph (iii) below, for each week in respect of which the employee receives parental, paternity or adoption or paternity benefit benefits under the Employment Insurance or the Québec Parental Insurance Plan, he/the difference between the gross weekly amount of the parental, paternity or adoption benefits under the Employment Insurance or Québec Parental Insurance plan benefits he or she is eligible to receive the difference between and ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, of pay less any other monies earned during this period which may result in a decrease in his/her parental, adoption Employment Insurance or paternity benefit Québec Parental Insurance Plan benefits to which he/he or she would have been eligible if no extra monies had been earned during this period.;
(iii) where an employee becomes entitled to an extension has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefits pursuant benefit under the Québec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to the Employment Insurance Act, the receive a further parental allowance payable under for a period of two (2) weeks, in the SUB Plan described in subparagraph amount of ninety-three per cent (ii93%) will be extended by the number of weeks her weekly rate of extended benefits which the employee receives under the EI Actpay for each week, less any other monies earned during this period.
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i19.08c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in QuebecQuébec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeksweeks for each combined maternity and parental leave without pay.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i)) of the present article, providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec Quebec Parental Insurance Plan in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B24.03 (a) (iii) (B), if applicable;
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [(total period to be worked as specified in (B)] B ) however, an employee whose specified period of employment expired and who is rehired by OSFI the NFB within a period of thirty five (305) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(Ba) (iii) (B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(Ba) (iii) (B), without activating the recovery provisions described in section (a)(iii)(Ca) (iii) (C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Quebec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.;
(iii) where an employee becomes entitled to an extension has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefits pursuant benefit under the Quebec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to the Employment Insurance Act, the receive a further parental allowance payable under the SUB Plan described in subparagraph for a period of two (ii2) will be extended by the number weeks, ninety-three per cent (93%) of weeks her weekly rate of extended benefits which the employee receives under the EI Actpay for each week, less any other monies earned during this period.
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.subparagraph
Appears in 1 contract
Samples: Collective Bargaining Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption parental benefits under pursuant to Section 23 of the Employment Insurance or Québec Parental Insurance Plan Act in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/his or her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B38.02 (a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section (A) or should he or she return to work but fail to work the total period specified in section (B), he or she will be indebted to the Employer for reasons other than an amount determined as follows: allowance received × (D) the repayment provided for in (C) will not apply in situations of:
(i) death, lay-,
(ii) lay off, ,
(iii) early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B),
(iv) the end of a specified period of employment, or if the employee is rehired by the Agency within ninety (90) days following the end of the specified period of employment, and who fulfills the obligations specified in section (B), or
(v) having become disabled as defined in the Public Service Superannuation Superanuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty (30) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension of parental benefits pursuant to the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under the EI Act.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,, and
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec Parental Insurance Plan in respect of insurable employment with the Employer, and,
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B17.03.1(a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/she would have been eligible if no extra monies had been earned during this period.
(iii) where an employee becomes entitled to an extension has received the full twenty-six (26) weeks of maternity benefit and the full thirty-seven (37) weeks of parental benefits pursuant benefit under the Québec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to the Employment Insurance Act, the receive a further parental allowance payable under the SUB Plan described in subparagraph for a period of two (ii2) will be extended by the number weeks, ninety-three per cent (93%) of weeks her weekly rate of extended benefits which the employee receives under the EI Actpay for each week, less any other monies earned during this period.
(d) At the employee's request, the payment referred to in subparagraph 17.05(c)(i17.05.1(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI or QPIP parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) : has completed six (6) months 6)months of continuous employment before the commencement of parental leave without pay,
(ii) , provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec Parental Insurance Plan in respect of insurable employment with the Employer, and
(iii) and has signed an agreement with the Employer stating that:
(A) : the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) ; Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B), if applicable;
(C) ; should he or she fail to return to work in accordance with section (A), ) or should he or she return to work but fail to work the total period specified in section for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total period to be worked as specified in (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI in any portion of the Core Public Administration as specified in the Public Service Labour Relations Act within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) : where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) ; for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he/he or she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate of pay and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/his or her parental, adoption or paternity benefit to which he/he or she would have been eligible if no extra monies had been earned during this period.
(iii) ; where an employee becomes entitled to an extension has received the full eighteen (1 weeks of maternity benefit and the full (32) weeks of parental benefits pursuant benefit under the Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to the Employment Insurance Act, the receive a further parental allowance payable under the SUB Plan described in subparagraph for a period of two (ii2) will be extended by the number weeks, per cent (93%) of weeks her weekly rate of extended benefits which the employee receives under the EI Act.
(d) pay for each week, less any other monies earned during this period. At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI Employment Insurance or QPIP parental Parental Insurance Plan benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.
Appears in 1 contract
Samples: Collective Agreement
Parental Allowance. (a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or the Québec Parental Insurance Plan in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
(B) Following following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 17.02(a)(iii)(B30.04(a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work ) or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received. Should should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) X (remaining period to be worked following his/her return to work) [total total period to be worked as specified in (B)] B) however, an employee whose specified period of employment expired and who is rehired by OSFI in any portion of the core public administration as specified in the Public Service Labour Relations Act within a period of thirty ninety (3090) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's ’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay pay, for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit benefits under the Employment Insurance or the Québec Parental Insurance Plan, he/he or she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate of pay and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/her parental, adoption or paternity benefit to which he/he or she would have been eligible if no extra monies had been earned during this period.;
(iii) where an employee becomes entitled to an extension has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefits pursuant benefit under the Québec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to the Employment Insurance Act, the receive a further parental allowance payable under the SUB Plan described in subparagraph for a period of two (ii2) will be extended by the number weeks, ninety-three per cent (93%) of weeks her weekly rate of extended benefits which the employee receives under the EI Actpay for each week, less any other monies earned during this period.
(d) At the employee's ’s request, the payment referred to in subparagraph 17.05(c)(i30.07(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI Employment Insurance or QPIP Québec Parental Insurance Plan parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in QuebecQuébec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's ’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's ’s straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate rate, the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's ’s deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeksweeks for each combined maternity and parental leave without pay.
Appears in 1 contract
Samples: Collective Bargaining Agreement
