Common use of Self-Funded Leave Clause in Contracts

Self-Funded Leave. The Employer agrees to introduce a prepaid leave program, funded solely by the employee subject to the following terms and conditions: (a) The plan is available to employees wishing to spread four (4) years' salary over a five (5) year period, in accordance with part LXVII of the Income Tax Regulations, Section 68:01, to enable them to take a leave of absence (following the four (4) years of salary deferral) for a period not less than six (6) months nor more than twelve (12) months. (b) The employee must make written application to the employee's immediate Supervisor at least six (6) months prior to the intended commencement of the program (i.e. the salary deferral portion), stating the intended purpose of the leave. (c) One employee from each of the groups of employees set out in Article 8.02, shall be permitted to be on prepaid leave at one time. The Employer and the employee shall agree on the date the program commences in order to calculate the five (5) year period. (d) Written applications will be reviewed by the employee's Supervisor or the Supervisor's designate. Leaves requested for the purpose of pursuing further formal education related to the Employer's mandate, will be given priority. Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority. (e) During the period of salary deferral, ten to twenty percent (10% to 20%) of the employee's gross annual earnings will be deducted and held for the employee and will not be accessible to the employee until the year of the leave of upon withdrawal from the plan. The amount of salary deferral will be dependent on the length of the leave of absence. (f) The manner in which the deferred salary is held is at the discretion of the Employer. (g) All deferred salary, plus accrued interest, if any, shall be paid to the employee at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Employer and the employee. (h) All benefits shall be kept whole during the four (4) years of salary deferral. During the leave of absence, seniority will accumulate. Service for the purpose of vacation and salary progression and other benefits will be retained but not accumulated during the period of leave. The employee shall become responsible for the full payment of premiums for any health and welfare benefits in which the employee is participating. Contributions to O.M.E.R.S. will be in accordance with the plan. The employee will not be eligible to participate in the Disability Income Plan during the leave of absence. (i) An employee may withdraw from the plan at any time during the deferral portion provided three (3) months' notice is given to the employee's Supervisor. Deferred salary, plus accrued interest, if any, will be returned to the employee, within a reasonable period of time. (j) If the employee terminated employment, the deferred salary held by the Employer plus accrued interest, if any, will be returned to the employee within a reasonable period of time. In case of the employee's death, the funds will be paid to the employee's estate. (k) The Employer will endeavour to find a temporary replacement for the employee as far in advance as practicable. If the Employer is unable to find a suitable replacement, it may postpone the leave. The Employer will give the employee as much notice as is reasonably possible. The employee will have the option of remaining in the plan and re-arranging the leave at a mutually agreeable time or if withdrawing from the plan and having the deferred salary, plus accrued interest, if any, paid out to the employee within a reasonable period of time. (l) The employee will be reinstated to the employee's former position unless the position has been discontinued, in which case the employee shall be given a comparable job. (m) Final approval for entry into the prepaid leave program will be subject to the employee entering into a formal agreement with the Employer in order to authorize the Employer to make the appropriate deductions from the employee's pay. Such agreement will include: (i) A statement that the employee is entering the prepaid leave program in accordance with Article 18.09 of the Collective Agreement. (ii) The period of salary deferral and the leave period for which the leave is requested. (iii) The manner in which the deferred salary is to be paid. The letter of application from the employee to the Employer to enter the prepaid leave program will be appended to and forms part of the written agreement. (a) For the purposes of this clause, family is defined as spouse (including common law spouse or same sex partner), dependent children (including children of legal or common law partners) and parents. (b) The Employer shall grant leave with pay under the following circumstances: (i) An employee is expected to make every reasonable effort to schedule medical or dental appointments to minimize or preclude absence from work; however, when alternate arrangements are not possible, an employee shall be granted up to five (5) one (1) hour's leave of absence per calendar year for a medical or dental appointment when the family member is incapable of attending such appointment alone, or for appointments with school authorities or adoption agencies. Employees requesting such leave must notify their supervisor as far in advance as possible. (ii) Leave with pay will be granted for the temporary care of a sick family member, where no alternative arrangement can be made and to provide an employee with time to make alternate care arrangements where the illness is of a longer duration. Such leave will be taken in minimum one-half (½) day blocks and is available to a cumulative maximum of two (2) days per calendar year. (iii) Up to eight (8) working days' leave of absence without pay per calendar year will be granted during any period an employee is required to be off work because of the hospitalization or convalescence following hospitalization of a family member; (c) The Employer will not unreasonably refuse any additional requests for family leave without pay.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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Self-Funded Leave. The Employer agrees to introduce a prepaid leave program, funded solely by the employee subject to the following terms and conditions: (a) The plan is available to 28.01 Application Eligible employees wishing to spread four (4) years' salary over a five (5) year period, in accordance with part LXVII of the Income Tax Regulations, Section 68:01, to enable them to take a leave of absence (following the four (4) years of salary deferral) for a period not less than six (6) months nor more than twelve (12) months. (b) The employee must make written application to the employee's immediate Supervisor Administrative Director, with a copy to the Director of Human Resources, at least six (6) months prior to the intended commencement date of the program (i.e. the salary deferral portion), stating the intended purpose portion of the Self Funded Leave Plan. Such application will outline the reason the leave is being requested. Priority will be given to applicants intending to use the leave to pursue formal education related to their profession. As between two (2) or more candidates, from the same department, with the same intended purpose, seniority shall govern. The employee will be informed of the disposition of his application as soon as is reasonably possible after the closing date for applications. On return from leave, a participant will be assigned to his former position and shall be paid at the step in the salary range that he/she had attained when the leave commenced, unless it no longer exists. In such a case the employee will be given a comparable job, if possible, or the layoff provisions will be applied. 28.02 Only one (c1) One employee may be accepted into the Self Funded Leave Plan in any one plan year from each of one department. Where there are more applications than spaces allotted, seniority shall govern. 28.03 An employee may apply to participate in the groups of employees set out in Article 8.02, shall be Self-Funded Leave plan as permitted to be on prepaid leave at one time. The Employer and under the employee shall agree on the date the program commences Income Tax Act (Canada) in order to calculate defer pre-tax salary dollars to fund a leave of absence. The deferral portion of the plan shall involve an employee spreading four (4) years salary over a five (5) year period. (d) Written applications will , or such other schedule as may be reviewed by mutually agreed between the employee's Supervisor or the Supervisor's designate. Leaves requested for the purpose of pursuing further formal education related to employee and the Employer's mandate. In the case of the four (4) year’s salary over a five (5) year schedule, will be given priority. Applications for leaves requested for other purposes will be given during the next level of priority on the basis of seniority. four (e4) During the period years of salary deferral, ten to twenty percent (1020% to 20%) of the employee's ’s gross annual earnings will be deducted and held for the employee and employee. Such deferred salary will not be accessible to the employee until the year of the leave or upon the collapse of upon withdrawal from the plan. The amount In the case of another mutually agreed upon deferral schedule, the percentage of salary deferral deferred shall be adjusted appropriately. 28.04 The funds being deferred will be dependent on held in a trust account with a financial institution the length of the leave of absence. (f) Employer selects, with interest being paid annually. The manner in which the deferred salary is held is at the discretion of the Employer. (g) All deferred salary, plus accrued interest, if any, shall funds will be paid out to the employee at the commencement of the leave on a monthly or in accordance with such other payment schedule as may be agreed upon between the Employer and the employee. (h) All benefits shall be kept whole during the four (4) years of salary deferral. During the leave of absence, seniority will accumulate. Service for the purpose of vacation and salary progression and other benefits will be retained but not accumulated during the period of leave. The employee shall become responsible for the full payment of premiums for any health and welfare benefits in which the employee is participating. Contributions to O.M.E.R.S. will be in accordance with the plan. The employee will not be eligible to participate in the Disability Income Plan lump sum basis during the leave of absence. (i) An employee may withdraw from 28.05 During the plan at any time during the deferral portion provided three (3) months' notice is given to leave the employee's Supervisor. Deferred salary, plus accrued interest, if any, ’s insured benefits will be returned to the employee, within a reasonable period of time. (j) If continued where the employee terminated employment, the deferred salary held by the Employer plus accrued interest, if any, will be returned continues to the employee within a reasonable period of time. In case of the employee's death, the funds will be paid to the employee's estatepay for his or her portion. (k) The Employer will endeavour to find a temporary replacement for the employee as far in advance as practicable. If the Employer is unable to find a suitable replacement, it may postpone the leave. The Employer will give the employee as much notice as is reasonably possible. The employee will have the option of remaining in the plan and re-arranging the leave at a mutually agreeable time or if withdrawing from the plan and having the deferred salary, plus accrued interest, if any, paid out to the employee within a reasonable period of time. (l) The employee will be reinstated to the employee's former position unless the position has been discontinued, in which case the employee shall be given a comparable job. (m) Final approval for entry into the prepaid leave program will be subject to the employee entering into a formal agreement with the Employer in order to authorize the Employer to make the appropriate deductions from the employee's pay. Such agreement will include: (i) A statement that the employee is entering the prepaid leave program in accordance with Article 18.09 of the Collective Agreement. (ii) The period of salary deferral and the leave period for which the leave is requested. (iii) The manner in which the deferred salary is to be paid. The letter of application from the employee to the Employer to enter the prepaid leave program will be appended to and forms part of the written agreement. (a) For the purposes of this clause, family is defined as spouse (including common law spouse or same sex partner), dependent children (including children of legal or common law partners) and parents. (b) The Employer shall grant leave with pay under the following circumstances: (i) An employee is expected to make every reasonable effort to schedule medical or dental appointments to minimize or preclude absence from work; however, when alternate arrangements are not possible, an employee shall be granted up to five (5) one (1) hour's leave of absence per calendar year for a medical or dental appointment when the family member is incapable of attending such appointment alone, or for appointments with school authorities or adoption agencies. Employees requesting such leave must notify their supervisor as far in advance as possible. (ii) Leave with pay will be granted for the temporary care of a sick family member, where no alternative arrangement can be made and to provide an employee with time to make alternate care arrangements where the illness is of a longer duration. Such leave will be taken in minimum one-half (½) day blocks and is available to a cumulative maximum of two (2) days per calendar year. (iii) Up to eight (8) working days' leave of absence without pay per calendar year will be granted during any period an employee is required to be off work because of the hospitalization or convalescence following hospitalization of a family member; (c) The Employer will not unreasonably refuse any additional requests for family leave without pay.

Appears in 1 contract

Samples: Collective Agreement

Self-Funded Leave. The Employer agrees parties agree to introduce the following terms for the provision of a prepaid self‐funded leave program, funded solely by for CUPE Local 1571 members: 1. The Board may grant leaves of absence of one year to CUPE 1571 members on the employee subject to basis of one of the following Plans 1 or 2: Plan 1 – spreading 4 years’ salary over 5 years (hereinafter called “Plan 1”) on the following terms and conditions Plan 2 – spreading 3 years’ salary over 4 years (hereinafter called “Plan 2”) on the following terms and conditions:. (a) The plan is available to employees wishing to spread four (4) years' salary over a 2. Any employee, who has completed at least five (5) year periodyears’ active service for the Board may apply to participate in such Plan; 3. An employee wishing to participate in such Plan shall apply in writing to the Manager of Human Resources, on or before May 31st to participate in accordance the Plan commencing the following September 1st; 4. The Board shall consider applications for personal reasons such as study, travel, parenting and regeneration with part LXVII special consideration to be given to employees with longer service. 5. Each employee permitted to participate in the Plan shall enter into an agreement with the Board as follows: i) In the case of the Income Tax Regulations, Section 68:01, to enable them to take a leave Plan 1 – in each of absence (following the four (4) years of the Plan commencing September 1st next following approval, the employee shall be paid 80% of the salary deferralto which the employee is otherwise entitled; In the case of Plan 2 – in each of the three (3) for a period not less than six (6years of the Plan commencing September 1st next following approval, the employee shall be paid 75% of the salary to which the employee is otherwise entitled; ii) months nor more than twelve (12In the case of Plan 1 – the remaining 20% of such salary and allowances shall be retained by the Board and accumulated with interest credited therein at the rate payable from time to time by the Board’s financial institution on Daily Interest Savings Accounts; In the case of Plan 2 ‐ the remaining 25% of such salary and allowances shall be retained by the Board and accumulated with interest credited therein at the rate payable from time to time by the Board’s financial institution on Daily Interest Savings Accounts; iii) months. (b) The employee must make written application to In the employee's immediate Supervisor at least six (6) months prior to case of Plan 1 – the intended leave of absence shall commence on the September 1st of the 5th year from the commencement of the program (i.e. employee’s participation in the salary deferral portion), stating Plan; In the intended purpose case of Plan 2 – the leave of absence shall commence on the September 1st of the leave. (c) One employee 4th year from each of the groups of employees set out in Article 8.02, shall be permitted to be on prepaid leave at one time. The Employer and the employee shall agree on the date the program commences in order to calculate the five (5) year period. (d) Written applications will be reviewed by the employee's Supervisor or the Supervisor's designate. Leaves requested for the purpose of pursuing further formal education related to the Employer's mandate, will be given priority. Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority. (e) During the period of salary deferral, ten to twenty percent (10% to 20%) commencement of the employee's gross annual earnings will be deducted and held for ’s participation in the employee and will not be accessible to the employee until the Plan; iv) During such school year of the leave of upon withdrawal absence the Board shall pay the employee all the funds accumulated pursuant to ii) and interest earned in accordance with the foregoing either in a lump sum or in installments on a bi‐weekly basis; v) The employee shall be responsible for all contributions to OMERS (ie. both employee and employer) and the employee will be responsible for arranging with the Board the payment of all premiums for benefit plans (ie. both employee and employer); vi) Subject to any other provisions of the Collective Agreement, on the employee’s return from the planleave the employee shall be reinstated to a position considered comparable to that held at the commencement of the leave; vii) During such leave the employee’s seniority shall accumulate but will not be regarded as continuous service; viii) The employee shall not be entitled to any sick leave credits during the period of such leave but on the employee’s return from leave shall be entitled to any unused sick leave credits accumulated prior to taking such leave; ix) An employee laid off or who leaves active employment with the Board while participating in the Plan must withdraw there from. The amount employee shall then be paid within sixty (60) days a lump sum equal to the employee’s contributions plus interest accrued to date of salary deferral the withdrawal; x) Permission to withdraw from the Plan will be dependent on the length of the leave of absence. (f) The manner in which the deferred salary is held is solely at the discretion of the Employer.Board; (gxi) All deferred salaryIf an employee dies, plus accrued interestretires, if anyis dismissed or otherwise leaves active employment with the Board while participating in the Plan, shall be paid to the employee at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Employer and the employee. (h) All benefits shall be kept whole during the four (4) years of salary deferral. During the leave of absence’s personal representative, seniority will accumulate. Service for the purpose of vacation and salary progression and other benefits will be retained but not accumulated during the period of leave. The employee shall become responsible for the full payment of premiums for any health and welfare benefits in which the employee is participating. Contributions to O.M.E.R.S. will be in accordance with the plan. The employee will not be eligible to participate in the Disability Income Plan during the leave of absence. (i) An employee may withdraw from the plan at any time during the deferral portion provided three (3) months' notice is given to the employee's Supervisor. Deferred salary, plus accrued interest, if any, will be returned to the employee, within a reasonable period of time. (j) If the employee terminated employment, the deferred salary held by the Employer plus accrued interest, if any, will be returned to the employee within a reasonable period of time. In case event of the employee's ’s death, the funds will be paid to the employee's estate. (k) The Employer will endeavour to find a temporary replacement for the employee as far in advance as practicable. If the Employer is unable to find a suitable replacement, it may postpone the leave. The Employer will give the employee as much notice as is reasonably possible. The employee will have the option of remaining in the plan and re-arranging the leave at a mutually agreeable time or if withdrawing from the plan and having the deferred salary, plus accrued interest, if any, paid out to the employee within a reasonable period of time. (l) The employee will be reinstated to the employee's former position unless the position has been discontinued, in which case the employee shall be given a comparable job. (m) Final approval for entry into the prepaid leave program will be subject paid such lump sum and interest accrued up to the employee entering into a formal agreement with the Employer in order to authorize the Employer to make the appropriate deductions from date of the employee's pay. Such agreement will include: (i) A statement that the employee is entering the prepaid leave program in accordance with Article 18.09 of the Collective Agreement. (ii) The period of salary deferral and the leave period for which the leave is requested. (iii) The manner in which the deferred salary is to be paid. The letter of application from the employee to the Employer to enter the prepaid leave program will be appended to and forms part of the written agreement. (a) For the purposes of this clause’s death, family is defined as spouse (including common law spouse or same sex partner)retirement, dependent children (including children of legal or common law partners) and parents. (b) The Employer shall grant leave with pay under the following circumstances: (i) An employee is expected to make every reasonable effort to schedule medical or dental appointments to minimize or preclude absence from work; however, when alternate arrangements are not possible, an employee shall be granted up to five (5) one (1) hour's leave of absence per calendar year for a medical or dental appointment when the family member is incapable of attending such appointment alonedismissal, or for appointments with school authorities or adoption agencies. Employees requesting such leave must notify their supervisor leaving, as far in advance as possiblethe case may be. (ii) Leave with pay will be granted for the temporary care of a sick family member, where no alternative arrangement can be made and to provide an employee with time to make alternate care arrangements where the illness is of a longer duration. Such leave will be taken in minimum one-half (½) day blocks and is available to a cumulative maximum of two (2) days per calendar year. (iii) Up to eight (8) working days' leave of absence without pay per calendar year will be granted during any period an employee is required to be off work because of the hospitalization or convalescence following hospitalization of a family member; (c) The Employer will not unreasonably refuse any additional requests for family leave without pay.

Appears in 1 contract

Samples: Collective Agreement

Self-Funded Leave. The Employer agrees to introduce a prepaid leave program, funded solely by the employee subject to the following terms and conditions: (a) The This plan is available to employees wishing to spread four (4) years' salary over a five (5) year period, in accordance with part LXVII of the Income Tax Regulations, Section 68:01, to enable them members who wish to take a leave of absence (following the four (4) with pay, by spreading ‘x’ years of salary deferral) for over a ‘y’ year period not where ‘x’ is less than six ‘y’ and ‘y’ must not exceed seven (67) months nor more than twelve (12) monthsyears. The leave will commence after the ‘x’ year. (b) The employee must make written application approval of a self-funded leave plan will be totally within the discretion of the Board and the refusal to approve a self-funded leave will not be the subject of a grievance. The terms and conditions of the leave are subject to the employee's immediate Supervisor at least six (6) months prior to the intended commencement of the program (i.e. the salary deferral portion), stating the intended purpose of the leaveIncome Tax Act and Regulations. (c) One employee from each The leave must be taken in the final year of the groups of employees set out in Article 8.02, shall be permitted to be on prepaid leave at one time. The Employer and the employee shall agree on the date the program commences in order to calculate the five (5) year periodplan. (d) Written applications In the ‘y’ years of the plan, the employee will be reviewed by paid a fraction of his/her salary equal to During all years that the individual employee is participating in the self-funded leave plan, all employee benefits, shall be maintained according to the Collective Agreement, based on a level as if the employee was being paid at 100% of salary. The employee’s share of the benefits will be paid from the x/y portion of the salary payable to the employee's Supervisor or . Income tax and other deductions required to be withheld will be based on the Supervisor's designate. Leaves requested for the purpose of pursuing further formal education related salary actually paid to the Employer's mandate, will be given priority. Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority. (e) During the period of salary deferral, ten to twenty percent (10% to 20%) of the employee's gross annual earnings will be deducted and held for the employee and will not be accessible to the employee until the year of the leave of upon withdrawal from the plan. The amount of salary deferral will be dependent on the length of the leave of absence. (f) The manner in which the deferred salary is held is at the discretion of the Employer. (g) All deferred On return from leave, an employee shall be assigned to the same position as that held prior to going on leave. Should that position be unavailable, the employee shall be assigned to a comparable position as is available at the time. Notwithstanding the above, the employee may agree to accept an alternate placement of comparable salary, plus accrued interest, if any, shall be paid to the employee at the commencement of the leave or in accordance with such other payment schedule as may be mutually agreed upon between by the Employer employer and the employee. The ‘y’ period of absence will not count as ‘y’ period of experience for purposes of advancement on the salary grid. (h) All benefits An employee participating in the plan shall be kept whole during the four (4) years of salary deferral. During the leave of absence, seniority will accumulate. Service for the purpose of vacation and salary progression and other benefits will be retained but not accumulated during the period of leave. The employee shall become responsible for the full payment of premiums eligible upon return to duty for any health increase in salary and welfare benefits in which benefit that would have been received had the employee is participating. Contributions to O.M.E.R.S. will be in accordance with the plan. The employee will ‘y’ period leave not be eligible to participate in the Disability Income Plan during the leave of absencebeen taken, including credit for ‘y’ period’s seniority. (i) Xxxx leave credits and vacation credits shall be maintained but shall not accumulate during the time spent on leave. (j) It is understood that self-funded leave plans approved for an individual employee are not necessarily related to professional enrichment but shall be used and enjoyed in any manner which the individual employee determines appropriate. (k) An employee may withdraw from the plan at any time during the deferral portion provided three (3) months' notice is given prior to the employee's Supervisortaking his/her leave of absence. Deferred salaryAny monies accumulated, plus accrued interestinterest due and payable, if any, will shall be returned to the employee, within a reasonable period of time. (j) If the employee terminated employment, the deferred salary held by the Employer plus accrued interest, if any, will be returned repaid to the employee within a reasonable period sixty (60) days of timethe notification of his/her desire to leave the plan. In case All amounts held in the employee’s trust account shall be paid to the employee no later than the end of the first taxation year that commences after the end of the deferral period. (l) Should an employee be laid-off, the notice of lay-off shall be deemed to be written notice of withdrawal from the plan on the effective date of the lay-off. The balance in the trust account, including all accrued interest, shall be paid to the employee within sixty (60) days of the layoff notice. (m) Should an employee die while participating in the plan, any balance, including interest, in the employee's deathtrust account, at the funds will time of death shall be paid to the employee's estate. estate within sixty (k) The Employer will endeavour to find a temporary replacement for the employee as far in advance as practicable. If the Employer is unable to find a suitable replacement, it may postpone the leave. The Employer will give the employee as much notice as is reasonably possible. The employee will have the option of remaining in the plan and re-arranging the leave at a mutually agreeable time or if withdrawing from the plan and having the deferred salary, plus accrued interest, if any, paid out to the employee within a reasonable period of time. (l) The employee will be reinstated to the employee's former position unless the position has been discontinued, in which case the employee shall be given a comparable job. (m) Final approval for entry into the prepaid leave program will be subject to the employee entering into a formal agreement with the Employer in order to authorize the Employer to make the appropriate deductions from the employee's pay. Such agreement will include: (i) A statement that the employee is entering the prepaid leave program in accordance with Article 18.09 of the Collective Agreement. (ii) The period of salary deferral and the leave period for which the leave is requested. (iii) The manner in which the deferred salary is to be paid. The letter of application from the employee to the Employer to enter the prepaid leave program will be appended to and forms part of the written agreement. (a) For the purposes of this clause, family is defined as spouse (including common law spouse or same sex partner), dependent children (including children of legal or common law partners) and parents. (b) The Employer shall grant leave with pay under the following circumstances: (i) An employee is expected to make every reasonable effort to schedule medical or dental appointments to minimize or preclude absence from work; however, when alternate arrangements are not possible, an employee shall be granted up to five (5) one (1) hour's leave of absence per calendar year for a medical or dental appointment when the family member is incapable of attending such appointment alone, or for appointments with school authorities or adoption agencies. Employees requesting such leave must notify their supervisor as far in advance as possible. (ii) Leave with pay will be granted for the temporary care of a sick family member, where no alternative arrangement can be made and to provide an employee with time to make alternate care arrangements where the illness is of a longer duration. Such leave will be taken in minimum one-half (½) day blocks and is available to a cumulative maximum of two (260) days per calendar yearof receipt of written notification of death. (iii) Up to eight (8) working days' leave of absence without pay per calendar year will be granted during any period an employee is required to be off work because of the hospitalization or convalescence following hospitalization of a family member; (c) The Employer will not unreasonably refuse any additional requests for family leave without pay.

Appears in 1 contract

Samples: Collective Agreement

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Self-Funded Leave. The Employer agrees to introduce a prepaid leave program, funded solely by the employee subject to the following terms and conditions: (a) The This plan is available to employees wishing to spread four (4) years' salary over a five (5) year period, in accordance with part LXVII of the Income Tax Regulations, Section 68:01, to enable them members who wish to take a leave of absence (following the four (4) with pay, by spreading ‘x’ years of salary deferral) for over a ‘y’ year period not where ‘x’ is less than six ‘y’ and ‘y’ must not exceed seven (67) months nor more than twelve (12) monthsyears. The leave will commence after the ‘x’ year. (b) The employee must make written application approval of a self-funded leave plan will be totally within the discretion of the Board and the refusal to approve a self-funded leave will not be the subject of a grievance. The terms and conditions of the leave are subject to the employee's immediate Supervisor at least six (6) months prior to the intended commencement of the program (i.e. the salary deferral portion), stating the intended purpose of the leaveIncome Tax Act and Regulations. (c) One employee from each The leave must be taken in the final year of the groups of employees set out in Article 8.02, shall be permitted to be on prepaid leave at one time. The Employer and the employee shall agree on the date the program commences in order to calculate the five (5) year periodplan. (d) Written applications In the ‘y’ years of the plan, the employee will be reviewed by paid a fraction of his/her salary equal to x/y. During the employee's Supervisor or ‘x’ years, the Supervisor's designate. Leaves requested for remaining portion of the purpose of pursuing further formal education related to the Employer's mandatesalary, plus allowances, will be given priorityaccumulated, and this amount shall be held by the Board to finance the period of leave. Applications The amount of salary withheld by the Board shall be deposited in a "trust account" for leaves requested for other purposes each individual at the time of regular salary payments; such "trust account" will be given maintained at a financial institution chosen by the next level of priority Board where interest will be declared not less frequently than on a yearly basis and compounded so as to be at the highest rate paid on the basis institution's regular "bonus" savings account. Interest earned on this account shall be paid annually to the employee. A ledger reference of seniorityeach individual employee’s contribution shall be maintained by the Board. A statement of each employee’s account will be issued at the end of each calendar year. (e) In the ‘y’ period of the plan, that being the leave portion, the employee will be paid from the monies accumulated by the trust account. During the period of salary deferral‘y’ period, ten to twenty percent (10% to 20%) of the employee's gross annual earnings will be deducted and held for monies in the employee and will not be accessible to the employee until the year of the leave of upon withdrawal from the plan. The amount of salary deferral will be dependent on the length of the leave of absence. (f) The manner in which the deferred salary is held is at the discretion of the Employer. (g) All deferred salary, plus accrued interest, if any, trust account shall be paid to the employee in any manner agreed to by the employee and the Board. (f) During all years that the individual employee is participating in the self-funded leave plan, all employee benefits, shall be maintained according to the Collective Agreement, based on a level as if the employee was being paid at the commencement 100% of salary. The employee’s share of the leave or in accordance with such benefits will be paid from the x/y portion of the salary payable to the employee. Income tax and other payment schedule as may deductions required to be agreed upon between withheld will be based on the Employer and salary actually paid to the employee. (g) On return from leave, an employee shall be assigned to the same position as that held prior to going on leave. Should that position be unavailable, the employee shall be assigned to a comparable position as is available at the time. Notwithstanding the above, the employee may agree to accept an alternate placement of comparable salary, mutually agreed upon by the employer and the employee. The ‘y’ period of absence will not count as ‘y’ period of experience for purposes of advancement on the salary grid. (h) All benefits An employee participating in the plan shall be kept whole during the four (4) years of salary deferral. During the leave of absence, seniority will accumulate. Service for the purpose of vacation and salary progression and other benefits will be retained but not accumulated during the period of leave. The employee shall become responsible for the full payment of premiums eligible upon return to duty for any health increase in salary and welfare benefits in which benefit that would have been received had the employee is participating. Contributions to O.M.E.R.S. will be in accordance with the plan. The employee will ‘y’ period leave not be eligible to participate in the Disability Income Plan during the leave of absencebeen taken, including credit for ‘y’ period’s seniority. (i) Xxxx leave credits and vacation credits shall be maintained but shall not accumulate during the time spent on leave. (j) It is understood that self-funded leave plans approved for an individual employee are not necessarily related to professional enrichment but shall be used and enjoyed in any manner which the individual employee determines appropriate. (k) An employee may withdraw from the plan at any time during the deferral portion provided three (3) months' notice is given prior to the employee's Supervisortaking his/her leave of absence. Deferred salaryAny monies accumulated, plus accrued interestinterest due and payable, if any, will shall be returned to the employee, within a reasonable period of time. (j) If the employee terminated employment, the deferred salary held by the Employer plus accrued interest, if any, will be returned repaid to the employee within a reasonable period sixty (60) days of timethe notification of his/her desire to leave the plan. In case All amounts held in the employee’s trust account shall be paid to the employee no later than the end of the first taxation year that commences after the end of the deferral period. (l) Should an employee be laid-off, the notice of lay-off shall be deemed to be written notice of withdrawal from the plan on the effective date of the lay-off. The balance in the trust account, including all accrued interest, shall be paid to the employee within sixty (60) days of the layoff notice. (m) Should an employee die while participating in the plan, any balance, including interest, in the employee's deathtrust account, at the funds will time of death shall be paid to the employee's estate. estate within sixty (k) The Employer will endeavour to find a temporary replacement for the employee as far in advance as practicable. If the Employer is unable to find a suitable replacement, it may postpone the leave. The Employer will give the employee as much notice as is reasonably possible. The employee will have the option of remaining in the plan and re-arranging the leave at a mutually agreeable time or if withdrawing from the plan and having the deferred salary, plus accrued interest, if any, paid out to the employee within a reasonable period of time. (l) The employee will be reinstated to the employee's former position unless the position has been discontinued, in which case the employee shall be given a comparable job. (m) Final approval for entry into the prepaid leave program will be subject to the employee entering into a formal agreement with the Employer in order to authorize the Employer to make the appropriate deductions from the employee's pay. Such agreement will include: (i) A statement that the employee is entering the prepaid leave program in accordance with Article 18.09 of the Collective Agreement. (ii) The period of salary deferral and the leave period for which the leave is requested. (iii) The manner in which the deferred salary is to be paid. The letter of application from the employee to the Employer to enter the prepaid leave program will be appended to and forms part of the written agreement. (a) For the purposes of this clause, family is defined as spouse (including common law spouse or same sex partner), dependent children (including children of legal or common law partners) and parents. (b) The Employer shall grant leave with pay under the following circumstances: (i) An employee is expected to make every reasonable effort to schedule medical or dental appointments to minimize or preclude absence from work; however, when alternate arrangements are not possible, an employee shall be granted up to five (5) one (1) hour's leave of absence per calendar year for a medical or dental appointment when the family member is incapable of attending such appointment alone, or for appointments with school authorities or adoption agencies. Employees requesting such leave must notify their supervisor as far in advance as possible. (ii) Leave with pay will be granted for the temporary care of a sick family member, where no alternative arrangement can be made and to provide an employee with time to make alternate care arrangements where the illness is of a longer duration. Such leave will be taken in minimum one-half (½) day blocks and is available to a cumulative maximum of two (260) days per calendar yearof receipt of written notification of death. (iii) Up to eight (8) working days' leave of absence without pay per calendar year will be granted during any period an employee is required to be off work because of the hospitalization or convalescence following hospitalization of a family member; (c) The Employer will not unreasonably refuse any additional requests for family leave without pay.

Appears in 1 contract

Samples: Collective Agreement

Self-Funded Leave. The Employer agrees to introduce a prepaid leave program, funded solely by the employee subject to the following terms and conditions: (a) The This plan is available to employees wishing to spread four (4) years' salary over a five (5) year period, in accordance with part LXVII of the Income Tax Regulations, Section 68:01, to enable them members who wish to take a leave of absence (following the four (4) with pay, by spreading ‘x’ years of salary deferral) for over a ‘y’ year period not where ‘x’ is less than six ‘y’ and ‘y’ must not exceed seven (67) months nor more than twelve (12) monthsyears. The leave will commence after the ‘x’ year. (b) The employee must make written application approval of a self-funded leave plan will be totally within the discretion of the Board and the refusal to approve a self-funded leave will not be the subject of a grievance. The terms and conditions of the leave are subject to the employee's immediate Supervisor at least six (6) months prior to the intended commencement of the program (i.e. the salary deferral portion), stating the intended purpose of the leaveIncome Tax Act and Regulations. (c) One employee from each The leave must be taken in the final year of the groups of employees set out in Article 8.02, shall be permitted to be on prepaid leave at one time. The Employer and the employee shall agree on the date the program commences in order to calculate the five (5) year periodplan. (d) Written applications In the ‘y’ years of the plan, the employee will be reviewed by paid a fraction of his/her salary equal to x/y. During the employee's Supervisor or ‘x’ years, the Supervisor's designate. Leaves requested for remaining portion of the purpose of pursuing further formal education related to the Employer's mandatesalary, plus allowances, will be given priorityaccumulated, and this amount shall be held by the Board to finance the period of leave. Applications The amount of salary withheld by the Board shall be deposited in a "trust account" for leaves requested for other purposes each individual at the time of regular salary payments; such "trust account" will be given maintained at a financial institution chosen by the next level of priority Board where interest will be declared not less frequently than on a yearly basis and compounded so as to be at the highest rate paid on the basis institution's regular "bonus" savings account. Interest earned on this account shall be paid annually to the employee. A ledger reference of seniorityeach individual employee’s contribution shall be maintained by the Board. A statement of each employee’s account will be issued at the end of each calendar year. (e) In the ‘y’ period of the plan, that being the leave portion, the employee will be paid from the monies accumulated by the trust account. During the period of salary deferral‘y’ period, ten to twenty percent (10% to 20%) of the employee's gross annual earnings will be deducted and held for monies in the employee and will not be accessible to the employee until the year of the leave of upon withdrawal from the plan. The amount of salary deferral will be dependent on the length of the leave of absence. (f) The manner in which the deferred salary is held is at the discretion of the Employer. (g) All deferred salary, plus accrued interest, if any, trust account shall be paid to the employee in any manner agreed to by the employee and the Board. (f) During all years that the individual employee is participating in the self-funded leave plan, all employee benefits, shall be maintained according to the Collective Agreement, based on a level as if the employee was being paid at the commencement 100% of salary. The employee’s share of the leave or in accordance with such benefits will be paid from the x/y portion of the salary payable to the employee. Income tax and other payment schedule as may deductions required to be agreed upon between withheld will be based on the Employer and salary actually paid to the employee. (g) On return from leave, an employee shall be assigned to the same position as that held prior to going on leave. Should that position be unavailable, the employee shall be assigned to a comparable position as is available at the time. Notwithstanding the above, the employee may agree to accept an alternate placement of comparable salary, mutually agreed upon by the employer and the employee. The ‘y’ period of absence will not count as ‘y’ period of experience for purposes of advancement on the salary grid. (h) All benefits An employee participating in the plan shall be kept whole during the four (4) years of salary deferral. During the leave of absence, seniority will accumulate. Service for the purpose of vacation and salary progression and other benefits will be retained but not accumulated during the period of leave. The employee shall become responsible for the full payment of premiums eligible upon return to duty for any health increase in salary and welfare benefits in which benefit that would have been received had the employee is participating. Contributions to O.M.E.R.S. will be in accordance with the plan. The employee will ‘y’ period leave not be eligible to participate in the Disability Income Plan during the leave of absencebeen taken, including credit for ‘y’ period’s seniority. (i) Sick leave credits and vacation credits shall be maintained but shall not accumulate during the time spent on leave. (j) It is understood that self-funded leave plans approved for an individual employee are not necessarily related to professional enrichment but shall be used and enjoyed in any manner which the individual employee determines appropriate. (k) An employee may withdraw from the plan at any time during the deferral portion provided three (3) months' notice is given prior to the employee's Supervisortaking his/her leave of absence. Deferred salaryAny monies accumulated, plus accrued interestinterest due and payable, if any, will shall be returned to the employee, within a reasonable period of time. (j) If the employee terminated employment, the deferred salary held by the Employer plus accrued interest, if any, will be returned repaid to the employee within a reasonable period sixty (60) days of timethe notification of his/her desire to leave the plan. In case All amounts held in the employee’s trust account shall be paid to the employee no later than the end of the first taxation year that commences after the end of the deferral period. (l) Should an employee be laid-off, the notice of lay-off shall be deemed to be written notice of withdrawal from the plan on the effective date of the lay-off. The balance in the trust account, including all accrued interest, shall be paid to the employee within sixty (60) days of the layoff notice. (m) Should an employee die while participating in the plan, any balance, including interest, in the employee's deathtrust account, at the funds will time of death shall be paid to the employee's estate. estate within sixty (k) The Employer will endeavour to find a temporary replacement for the employee as far in advance as practicable. If the Employer is unable to find a suitable replacement, it may postpone the leave. The Employer will give the employee as much notice as is reasonably possible. The employee will have the option of remaining in the plan and re-arranging the leave at a mutually agreeable time or if withdrawing from the plan and having the deferred salary, plus accrued interest, if any, paid out to the employee within a reasonable period of time. (l) The employee will be reinstated to the employee's former position unless the position has been discontinued, in which case the employee shall be given a comparable job. (m) Final approval for entry into the prepaid leave program will be subject to the employee entering into a formal agreement with the Employer in order to authorize the Employer to make the appropriate deductions from the employee's pay. Such agreement will include: (i) A statement that the employee is entering the prepaid leave program in accordance with Article 18.09 of the Collective Agreement. (ii) The period of salary deferral and the leave period for which the leave is requested. (iii) The manner in which the deferred salary is to be paid. The letter of application from the employee to the Employer to enter the prepaid leave program will be appended to and forms part of the written agreement. (a) For the purposes of this clause, family is defined as spouse (including common law spouse or same sex partner), dependent children (including children of legal or common law partners) and parents. (b) The Employer shall grant leave with pay under the following circumstances: (i) An employee is expected to make every reasonable effort to schedule medical or dental appointments to minimize or preclude absence from work; however, when alternate arrangements are not possible, an employee shall be granted up to five (5) one (1) hour's leave of absence per calendar year for a medical or dental appointment when the family member is incapable of attending such appointment alone, or for appointments with school authorities or adoption agencies. Employees requesting such leave must notify their supervisor as far in advance as possible. (ii) Leave with pay will be granted for the temporary care of a sick family member, where no alternative arrangement can be made and to provide an employee with time to make alternate care arrangements where the illness is of a longer duration. Such leave will be taken in minimum one-half (½) day blocks and is available to a cumulative maximum of two (260) days per calendar yearof receipt of written notification of death. (iii) Up to eight (8) working days' leave of absence without pay per calendar year will be granted during any period an employee is required to be off work because of the hospitalization or convalescence following hospitalization of a family member; (c) The Employer will not unreasonably refuse any additional requests for family leave without pay.

Appears in 1 contract

Samples: Collective Agreement

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