Common use of Temporary Replacement Clause in Contracts

Temporary Replacement. (a) The parties acknowledge that from time to time it becomes necessary to replace an employee who is on a maternity leave or a long term leave of absence for other reasons. (b) When this situation arises, the Employer may hire an employee to replace an employee on such leave of absence for a term certain, being the period of the leave granted, provided it does not exceed six (6) months (except in the case of a maternity leave when it will be for the duration of the leave). If at the termination of the leave of absence an extension of the leave of absence is granted and the leave and extension combined do not exceed six (6) months (except in the case of the maternity leave when it will be for the duration of the leave), the replacement employee may be retained until the extension terminates. (c) If the leave of absence combined with any extension of it, exceeds six (6) months (subject to maternity leave as stated in (b) above), the person temporarily hired can only be retained on the basis set out herein with the approval in writing of the Union. (d) A person hired for temporary replacement under the above arrangements will not accumulate seniority. For job posting purposes, such employee, while entitled to bid for new or vacant positions, shall rank after full time and part time employees with seniority. (e) If a person hired for temporary replacement is hired to fill a permanent vacancy or if such person continues on in the temporary position for more than six (6) months from the date of hire, unless the Union has otherwise agreed in writing (and subject to maternity leave as stated in (b) above), seniority and other full time benefits (or part time benefits if in a part time position) will be recognized retroactive to the date that seniority would have otherwise been achieved as a temporary replacement employee, provided that the employee has completed sixty (60) working days of employment. (f) The Administrator or his/her delegate will notify the Union in writing of any such temporary hires and the reason or reasons for each, with a copy of such notification to the Chairperson, failing which, the employee will be considered as having been hired subject to all terms of the Collective Agreement and in particular those which require the posting of new positions or vacancies. (g) On termination of an employee's temporary hire, similar notification in writing will be given to the Union with a copy to the Chairperson, confirming the date of termination. (h) Subject to Section 11:07 (e) of this Agreement, persons will not be hired for temporary replacement while members of the bargaining unit are on layoff and if a layoff is scheduled while a temporary replacement is employed, the person or persons subject to layoff shall have the right to take the place of the temporary employee if she is capable of performing the work required and willing to perform the work which is available. (i) In the event a position is filled on a temporary basis it must first be offered to regular employees by seniority.