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Directive on Terms and Conditions of Employment – LP Lawyers

Table of Contents

1. Effective Date

This directive takes effect from April 1, 2022, to May 9, 2026.

2. Application

This directive applies to all indeterminate lawyers (full-time or part-time) and term lawyers over three months who are classified in the LP Group.

3. Context

This directive supports the Human Resources Policies and Procedures by providing direction to management and staff that will ensure the equitable, accurate, consistent, transparent and timely application of terms and conditions of employment across the organization.

The Appendices to this directive provide direction to the organization on the administration of terms and conditions of employment. It identifies mandatory requirements for the application and administration of all terms and conditions of employment that are in place for lawyers classified in the LP Group.

This directive is to be read in conjunction with CNSC policies and related directives and procedures as stipulated under Section 8 .

4. Definitions

Definitions to be used in the interpretation of this directive are provided in Appendix A.

5. Directive Statement

5.1 Objective

The objective of this directive is to ensure sound, consistent and effective practices with respect to the administration of terms and conditions of employment across the CNSC.

5.2 Expected Results

The expected results of this directive are:

  • Persons appointed to the CNSC receive appropriate monetary and non-monetary compensation; and
  • Terms and conditions of employment are administered in an equitable, accurate, consistent, transparent and timely manner.

6. Roles and Responsibilities

6.1 Human Resources Directorate is responsible for:

  • Providing advice and guidance to managers and lawyers on the application and interpretation of this directive; and
  • Ensuring the resources, systems, service standards and controls are in place for the application and timely administration of the terms and conditions of employment as set out in the Appendices of this directive.

6.2 Managers are responsible for:

  • Providing lawyers with information regarding their terms and conditions of employment in this directive and the associated policies;
  • Ensuring that the approval of compensation requests is consistent with this directive; and
  • Ensuring that appropriate documented authorities are provided to the Human Resources Directorate in a timely manner.

6.3 Lawyers are responsible for:

  • Ensuring that they are aware of this directive and associated policies; and
  • Ensuring that their compensation requests under this directive are submitted in advance to their manager for approval.

7. Monitoring

The application of this directive will be monitored by the Workplace Wellness, Compensation and Resourcing Division (WWCRD) of the Human Resources Directorate. In addition, the directive will be subject to periodic review to ensure that it meets the needs and requirements of the CNSC.

8. References

8.1 Relevant Legislation

8.2 Relevant Policy Instruments/Publications

  • Directive on Membership Fees
  • Pre-retirement Transition Leave Policy  (applies to indeterminate lawyers only)
  • Travel Directive
  • Relocation Directive
  • Guidelines on the Performance Management Program for LP Employees

9. Enquiries

Please direct enquiries about this directive to the Workplace Wellness, Compensation and Resourcing Division (WWCRD) of the Human Resources Directorate.

Appendix A – Definitions

Acting Assignment means a situation where a lawyer is required to perform temporarily the duties of a higher classification level for at least the qualifying period specified in the terms and conditions of employment applicable to the lawyer's substantive level.

Common-law partner refers to a person living in a conjugal relationship with a lawyer for a continuous period of at least one year.

Continuous employment has the same meaning as defined in the Directive on Terms and Conditions of Employment applicable to lawyers in the core public administration.

Continuous service is an unbroken period of public service employment. Continuous service is broken when employment ceases between two periods of public service employment for at least one compensation day.

Daily rate of pay means a lawyer's annual rate of pay divided by 260.88.

Day of rest means a day other than a designated paid holiday on which the lawyer is not ordinarily required to perform the duties of their position other than by reason of their being on leave.

Designated paid holiday means the 24-hour period commencing at 00:01 hour of a day designated as a holiday in this document.

Economic Adjustment means a change in the rates of pay applicable to a group and level.

Employee/Lawyer means a person so defined by the Federal Public Sector Labour Relations Act.

Employer means the Canadian Nuclear Safety Commission.

Hourly rate of pay means a lawyer's annual rate of pay divided by 1956.6.

Leave means authorized absence from duty.

Part-time is the situation whereby a lawyer is ordinarily required to work more than one third of but less than the normal scheduled weekly hours of work established for lawyers doing similar work.

Weekly rate of pay means a lawyer's annual rate of pay divided by 52.176.

Appendix B – Non-Salary Elements of LP Compensation

Notes:

Term Lawyers

Term lawyers are entitled to leave with pay provisions outlined below in each of the sections as applicable. Where there are no individual references made to term lawyers, it is deemed that the term lawyer receives the same entitlements as an indeterminate lawyer.

Part-time Lawyers

Unless otherwise stated in the provisions below, all part-time lawyers earn leave with pay in the same proportion as their normal weekly hours compared with the normal weekly hours of work of a full-time lawyer (pro-rated).

1. Hours of Work

1.1 General

The normal work week shall consist of 37.5 hours over a five-day period, and the scheduled workday shall be 7.5 consecutive hours, exclusive of a meal period between the hours of 06:00 and 18:00, subject to operational requirements.

The normal work week will be Monday to Friday inclusive.

1.2 Days of Rest

A lawyer will be granted two consecutive days of rest during each seven day period unless operational requirements do not so permit.

1.3 Time Accounting Report

All lawyers must complete a Time Accounting Report accurately detailing the time worked based on the Time Accounting Code guide relevant for the period in question. To enable the CNSC to meet its cost-recovery obligations, all lawyers must submit the Time Accounting Report as soon as possible following the period in question as prescribed by the Employer.

2. Banked Time

a. Banked time means periods of time worked in excess of 7.5 hours in any normal workday, or time worked on a day of rest or on a designated holiday, where a lawyer voluntarily works, with their line manager’s authorization, up to a maximum of 37.5 hours. Such accumulation of extra hours must be on productive work.

b. Banked time can be accumulated in multiples of 15 minute periods. The current limit of 37.5 hours at any given time must be maintained. The time is accumulated in leave credits.

c. Banked time leave may not be utilized without first being accumulated. Banked time leave must be approved by the line manager prior to using it.

d. Lawyers who have accumulated banked time may utilize that time during the core hours with prior approval from their line manager, subject to operational requirements, except where it is used to cover an absence due to either illness or other unforeseen circumstance for which other leave credits are not available.

e. Banked time cannot be converted to cash at any time.

3. Designated Paid Holidays

3.1 General

Every full-time lawyer is entitled to a holiday with pay on each of the following designated holidays falling within their period of employment:

(a) New Year’s Day

(b) Good Friday

(c) Easter Monday

(d) Day fixed by proclamation of the Governor-in-Council for the celebration of the Sovereign’s Birthday

(e) Canada Day

(f) Labour Day

(g) National Day of Truth and Reconciliation

(h) Thanksgiving Day

(i) Remembrance Day

(j) Christmas Day

(k) Boxing Day

(l) One additional day each year recognized to be a provincial or civic holiday in the area where the CNSC premises are located. Where no such day is recognized as such, it shall be the first Monday in August

and

(m) One additional day when proclaimed by an Act of Parliament as a national holiday.

3.2 Holiday on a Day of Rest

a. When a designated holiday, except Boxing Day, coincides with a lawyer’s day of rest, the holiday shall be moved to the lawyer’s first working day following the day of rest. Boxing Day shall be observed on the first working day immediately following the day on which Christmas Day is granted as a designated holiday.

b. When special circumstances or the nature of the duties require a lawyer to work on the first working day immediately following a designated holiday that coincides with a day of rest, the lawyer is entitled to and shall be granted leave of absence with pay at some other time as the lawyer’s line manager authorizes.

3.3 Holiday during Leave

a. When a designated holiday falls within a period of leave with pay, the designated holiday shall not be deducted from the lawyer’s leave credits.

b. A lawyer who is absent without pay on both the working day immediately preceding and the working day immediately following a designated holiday, is not entitled to receive pay for the designated holiday.

3.4 Compensation for Part-time Lawyers

a. A part-time lawyer shall not be paid for the designated holidays but shall, instead be paid a premium of 4.6% for all straight-time hours worked during the period of part-time employment.

b. When a part-time lawyer is required to work on a day which is prescribed as a designated paid holiday in 3.1, the lawyer shall be paid time and one-half (1 ½) times the hourly rate of pay for all hours worked on the holiday.

4. Annual Leave

4.1 General

a. Annual Leave is pay granted to a lawyer each fiscal year to permit a rest from duty. Leave credits are earned on a monthly basis on a fiscal year cycle.

b. Annual leave credits are calculated on a sliding scale based on the number of years of employment with the CNSC. These credits are advanced to each indeterminate lawyer and each lawyer hired for a term of more than six months at the beginning of the fiscal year. Any lawyer hired for a period of at least three months is entitled to annual leave with pay to the extent of the lawyer’s earned credits. A lawyer hired for six months or more is entitled to receive an advance of credits equivalent to the anticipated credits for the current fiscal year.

c. Annual leave is credited at the beginning of each fiscal year. Credits include any additional days that the lawyer would become eligible for during the coming fiscal year. Credits will be granted for any month in that fiscal year during which the lawyer has received pay for at least ten working days.

4.2 Accumulation of Annual Leave

Vacation leave credits shall be provided at the following rate:

  1. 15 days annually until the month in which the lawyer’s fourth (4th) anniversary of service occurs;
  2. 16 days annually until the month in which the lawyer’s fifth (5th) anniversary of service occurs;
  3. 17 days annually until the month in which the lawyer’s sixth (6th) anniversary of service occurs;
  4. 18 days annually until the month in which the lawyer’s seventh (7th) anniversary of service occurs;
  5. 19 days annually until the month in which the lawyer’s eighth (8th) anniversary of service occurs;
  6. 20 days annually commencing with the month in which the lawyer’s eighth (8th) anniversary of service occurs;
  7. 21 days annually commencing with the month in which the lawyer’s tenth (10th) anniversary of service occurs;
  8. 22 days annually commencing with the month in which the lawyer’s twelfth (12th) anniversary of service occurs;
  9. 23 days annually commencing with the month in which the lawyer’s fourteenth (14th) anniversary of service occurs;
  10. 24 days annually commencing with the month in which the lawyer’s sixteenth (16th) anniversary of service occurs;
  11. 25 days annually commencing with the month in which the lawyer’s eighteenth (18th) anniversary of service occurs;
  12. 26 days annually commencing with the month in which the lawyer’s twentieth (20th) anniversary of service occurs;
  13. 27 days annually commencing with the month in which the lawyer’s twenty-second (22nd) anniversary of service occurs;
  14. 28 days annually commencing with the month in which the lawyer’s twenty-fourth (24th) anniversary of service occurs;
  15. 29 days annually commencing with the month in which the lawyer’s twenty-sixth (26th) anniversary of service occurs; and
  16. 30 days annually commencing with the month in which the lawyer’s twenty-eighth (28th) anniversary of service occurs.

4.3 At the date of employment

At the date of employment, an indeterminate lawyer who had an annual leave entitlement above 15 days with a previous employer may be granted the same entitlement as long as the following criteria are met.

The prior period of employment at a former employer cannot be separated by a break in employment of more than one year.

a. The lawyer must obtain a written confirmation of their entitlements from their previous employer to the satisfaction of the Employer, with the exception of federal public servants since the personnel file will be transferred to CNSC and confirmation can be made from the file; and

b. The entitlement from the previous employer does not exceed 30 days, in which case the entitlement shall be reduced to that level.

4.4 Unused Annual Leave Credits

Where in any vacation year a lawyer has not used all the vacation leave credited to the lawyer, the unused portion of vacation leave shall be carried over up to a maximum of two times their current annual vacation leave credits. Vacation leave credits in excess of this maximum will be paid out at the rate of pay for the lawyer’s substantive position in effect on the March 31st immediately preceding the payout, subject to availability of funds.

4.5 Payment in Lieu of Leave

a. Lawyers may request pay (subject to the availability of funds) in lieu of earned but unused annual leave credits by sending an e-mail to their line manager, who will forward the request with appropriate approval to the designated Compensation Advisor. Payment for the unused annual leave credits would be at the lawyer’s rate of pay effective at the time of request.

b. When a lawyer dies or otherwise ceases to be employed by the CNSC, the lawyer or the lawyer’s estate, in the case of a deceased lawyer, shall be paid an amount equal to the product obtained by multiplying the number of days of earned but unused vacation leave with pay to lawyer’s credit by the daily rate of pay from the lawyer’s substantive position on the date of termination of employment.

c. In the event of termination of employment for reasons other than death or lay-off, the Employer shall recover from any monies owed the lawyer an amount equivalent to unearned vacation leave taken by the lawyer, calculated on the basis of the rate of pay applicable to the lawyer’s substantive position on the date of termination.

d. Where, upon return to work from annual leave, a lawyer requests special leave or sick leave (on the production of a medical certificate), the period of annual leave in question will be credited to the lawyer’s annual leave account. The request must first be approved by the line manager.

4.6 Recall from Vacation or Compensatory Leave

Where, during any period of vacation or compensatory leave, a lawyer is recalled to duty, the lawyer shall be reimbursed for reasonable expenses, as normally defined by the Employer, incurred:

a. in proceeding to the lawyer’s place of duty, and

b. in returning to the place from which the lawyer was recalled if the lawyer immediately resumes vacation upon completing the recall assignment, after submitting such accounts as are normally required by the Employer.

The lawyer shall not be considered as being on vacation or compensatory leave during any period in respect of which the lawyer is entitled under 4.6 to be reimbursed for reasonable expenses incurred by the lawyer.

4.7 Cancellation of Annual Leave or Banked Time Leave

When the Employer cancels or alters a period of annual or banked leave which it has previously approved in writing, the Employer shall reimburse the lawyer for the non-refundable portion of vacation contracts and reservations made by the lawyer in respect of that period, subject to the presentation of such documentation as the Employer may require. The lawyer must make every reasonable attempt to mitigate any losses incurred and will provide proof of such action, when available, to the Employer.

5. Sick Leave

5.1 General

Sick leave with pay is granted, to the extent of accumulated credits, to a lawyer who is unable to work as a result of sickness or non-work-related injury.

5.2 Accumulation of Sick Leave

A lawyer shall earn sick leave credits at a rate of 9.375 hours for each calendar month for which the lawyer receives pay for at least ten days.

5.3 Utilization of Sick Leave Credits

a. A lawyer shall be granted sick leave with pay when the lawyer is unable to perform their duties because of illness or injury provided that:

  • the lawyer satisfies the Employer of this condition in such a manner as may be determined by the Employer; and
  • the lawyer has the necessary sick leave credits.

b. Unless otherwise informed by the Employer, a statement signed by the lawyer stating that because of illness or injury the lawyer was unable to perform their duties, shall, when delivered to the Employer, be considered as meeting the requirements of above.

c. Notwithstanding the above paragraph, if the Employer considers it necessary, a request may be made for the lawyer to produce a medical certificate to support any application for sick leave.

d. Sick leave with pay shall not be granted during any period in which a lawyer is on leave of absence without pay or under suspension.

e. If a lawyer is granted sick leave with pay and injury-on-duty leave is subsequently approved for the same period, the lawyer's sick leave credits shall be restored.

5.4 Advancement of Sick Leave Credits

Where a lawyer is unable to perform their duties because of sickness or injury and they have insufficient sick leave credits to cover the period of illness, the lawyer may, with the approval of the Employer, be granted sick leave credits in advance up to a maximum of 25 days, subject to the deduction of such advanced leave from any leave credits subsequently earned.

Restoring of Sick Leave Credits

Sick leave credits earned but unused by a lawyer during a previous period of employment in the Public Service shall be restored to a lawyer whose employment was terminated by reason of lay-off and who is reappointed within the CNSC within two (2) years from the date of lay-off.

Sick leave credits earned but unused shall be restored to a lawyer whose employment was terminated due to the end of a specified period of employment, and who is re-appointed by the CNSC within one (1) year from the end of the specified period of employment.

6. Family-Related Leave

6.1 General

The total leave with pay which may be granted for family-related responsibilities shall not exceed five days in a fiscal year.

For the purpose of this type of leave, family is defined as:

i. Spouse (or common-law spouse residing with the lawyer);

ii. Dependent children (including children of legal or common-law spouse, foster children residing with the lawyer and ward of the lawyer);

iii. Parents (including stepparents or foster parents), father-in-law, mother-in-law;

iv. Brother, sister, stepbrother, stepsister;

v. Grandparents and grandchildren of the lawyer;

vi. Any relative permanently residing in the lawyer’s household or with whom the lawyer permanently resides, or

vii. Any relative for whom the lawyer has a duty of care, irrespective of whether they reside with the lawyer; or

viii. A person who stands in the place of a relative for the lawyer whether or not there is any degree of consanguinity between such person and the lawyer.

This type of leave shall be granted under the following circumstances:

  • To take a dependent family member for medical or dental appointments, or for appointments with school authorities or adoption agencies. A dependent family member is a family member who is incapable of attending the appointment unaccompanied;
  • To provide for the immediate and temporary care of a sick member of the lawyer’s family and to provide a lawyer with time to make alternate care arrangements where the illness is of a longer duration;
  • To provide for the immediate or temporary care of an elderly family member/child of the lawyer’s family;
  • For needs directly related to the birth or the adoption of the lawyer’s child, which may be divided into two periods and granted on separate days;
  • To attend school functions, if the supervisor was notified of the functions as far in advance as possible;
  • To provide for the lawyer’s child in the case of an unforeseeable closure of the school or daycare facility; or
  • 7.5 hours out of the 37.5 hours stipulated above may be used to attend an appointment with a legal or paralegal representative for non-employment related matters, or with a financial or other professional representative if the supervisor was notified of the appointment as far in advance as possible.

6.2 Domestic Violence Leave

For the purposes of this section, domestic violence is considered to be any form of abuse or neglect that a lawyer or a lawyer’s child experiences from someone with whom the lawyer has or had an intimate relationship.

a. The parties recognize that lawyers may be subject to domestic violence in their personal life that could affect their attendance at work.

b. Upon request, a lawyer who is subject to domestic violence or who is the parent of a dependent child who is subject to domestic violence from someone with whom the lawyer has or had an intimate relationship shall be granted domestic violence leave in order to enable the lawyer, in respect of such violence:

i. to seek care and/or support for themselves or their dependent child in respect of a physical or psychological injury or disability;

ii. to obtain services from an organization which provides services for individuals who are subject to domestic violence;

iii. to obtain professional counselling;

iv. to relocate temporarily or permanently; or

v. to seek legal or law enforcement assistance or to prepare for or participate in any civil or criminal legal proceeding.

c. The total domestic violence leave with pay which may be granted under this section shall not exceed seventy-five (75) hours in a fiscal year.

d. The Employer may, in writing and no later than fifteen (15) days after a lawyer’s return to work, request the lawyer to provide documentation to support the reasons for the leave. The lawyer shall provide that documentation only if it is reasonably practicable for them to obtain and provide it.

e. Notwithstanding clauses (b) to (c), a lawyer is not entitled to domestic violence leave if the lawyer is charged with an offence related to that act or if it is probable, considering the circumstances, that the lawyer committed that act.

7. Bereavement Leave

a. For the purpose of this leave, immediate family is defined as father, mother (or alternatively stepfather, stepmother or foster parent), brother, sister, spouse (including common-law spouse residing with the lawyer), child (including child of common-law spouse), stepchild or ward of the lawyer, grandchild, grandparent, father-in-law, mother-in-law, and relative permanently residing in the lawyer’s household or with whom the lawyer permanently resides or, subject to clause (f) below, a person who stands in the place of a relative for the lawyer whether or not there is any degree of consanguinity between such person and the lawyer.

b. Bereavement leave may be granted for a maximum of up to five (5) working days for bereavement in the lawyer’s immediate family. This leave may be divided in two (2) periods and granted on separate days when the day of the funeral and the service occur at different times. In addition, the lawyer may be granted up to three (3) working days with pay for the purpose of travel related to the death.

c. Bereavement leave may be granted for up to one (1) day in the event of the death of a lawyer’s son-in-law, daughter-in-law, brother-in-law, sister-in-law, aunt or uncle and grandparents of spouse.

d. Bereavement leave up to three (3) consecutive working days may be granted in the event of a stillbirth experienced by them or their spouse or common-law partner of where they would have been a parent of the child born as a result of the pregnancy.

e. It is recognized that the circumstances which call for leave in respect of bereavement vary on an individual basis. On request, and in consideration of the particular circumstances involved, managers may grant leave with pay for a period greater than the above or for persons other than those listed above.

f. If, during a period of paid leave, a lawyer is bereaved in circumstances under which they would have been eligible for bereavement leave with pay, the lawyer shall be granted bereavement leave with pay and their paid leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.

g. A lawyer shall be entitled to bereavement leave with pay for a person who stands in the place of a relative for the lawyer whether or not there is a degree of consanguinity between such person and the lawyer only once during the lawyer’s total period of employment in the public service.

8. Personal Leave

a. A lawyer shall be granted, in each fiscal year, two (2) days of leave with pay for reasons of a personal nature.

b. Subject to operational requirements as determined by the Employer, the scheduling of the leave has to be at a time convenient to both the lawyer and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such times as requested by the lawyer.

c. This leave with pay cannot be transferred from one fiscal year to the next.

9. Examination Leave

Lawyers that are registered in courses outside of working hours, where the course of study is directly related to the lawyer’s duties or will improve the lawyer’s qualifications, may take leave in order to write examinations that are related to the course work. This time shall not include hours to study or prepare for the exams.

10. Maternity/Parental Leave Without Pay

A lawyer who becomes pregnant shall, upon request, be granted maternity leave without pay, for a period beginning before, on or after the termination date of the pregnancy and ending not later than 18 weeks after the termination date of pregnancy. The Employer may require the lawyer to submit a medical certificate certifying pregnancy.

Detailed information can be found in Appendix E – Maternity Leave and Allowance/Parental Leave and Allowance.

11. Leave Without Pay for Care of Immediate Family

Subject to operational requirements, a lawyer may be granted leave without pay for the care and nurturing of the lawyer’s pre-school age children; or the long term care of an ill or aged parent or a disabled child or other family permanently residing in the lawyer’s household or with whom the lawyer permanently resides or a person who stands in the place of a relative for the lawyer whether or not there is any degree of consanguinity between such person and the lawyer in accordance with the following conditions:

i. a lawyer shall notify the Employer in writing four (4) weeks in advance of the commencement date of such leave;

ii. leave granted under this clause shall be for a minimum period of three (3) weeks;

iii. the total leave granted under this clause shall not exceed five (5) years during a lawyer’s total period of employment in the Public Service; and

iv. leave granted under this clause for a period of more than three (3) months shall be deducted from the calculation of “service” for the purpose of calculating severance pay and vacation leave.

12. Compassionate Care Leave

a. A lawyer who provides the Employer with proof that they are in receipt of or awaiting Employment Insurance (EI) benefits for Compassionate Care Benefits, Family Caregiver Benefits for Children and/or Family Caregiver Benefits for Adults may be granted leave without pay while in receipt of or awaiting these benefits.

b. The leave without pay under this provision shall not exceed twenty-six (26) weeks for Compassionate Care Benefits, thirty-five (35) weeks for Family Caregiver Benefits for Children and fifteen (15) weeks for Family Caregiver Benefits for Adults, in addition to any applicable waiting period.

c. When notified, a lawyer who was awaiting benefits must provide the Employer with proof that the request for Employment Insurance (EI) Compassionate Care Benefits, Family Caregiver Benefits for Children and/or Family Caregiver Benefits for Adults has been accepted.

d. When a lawyer is notified that their request for Employment Insurance (EI) Compassionate Care Benefits, Family Caregiver Benefits for Children and/or Family Caregiver Benefits for Adults has been denied, paragraph a) above ceases to apply.

e. Leave granted under this clause shall count for the calculation of “continuous employment” for the purpose of calculating severance pay and “service” for the purpose of calculating vacation leave. Time spent on such leave shall count for pay increment purposes.

13. Education Leave Without Pay and Education Allowance

a. A lawyer may be granted education leave without pay for periods of up to four (4) years, to attend a recognized institution for study in some field of education to enable the lawyer to fill a present or future role related to the needs of the Employer more adequately.

b. At the sole discretion of the Employer, a lawyer on educational leave without pay may receive an educational leave allowance in lieu of salary of up to one hundred percent (100%) of their basic salary provided that, where they receive a grant, bursary or scholarship, the educational leave allowance shall accordingly be reduced. In such cases the amount of the reduction shall not exceed the amount of the grant, bursary or scholarship. The percentage of this allowance is at the discretion of the Employer and must be agreed to in writing between the Employer and the lawyer prior to the leave being approved.

c. An allowance already being received by the lawyer may, at the discretion of the Employer, be continued during the period of the education leave. The lawyer shall be notified when the leave is approved whether such an allowance is to be continued in whole or in part.

d. If the lawyer, except with the permission of the Employer, who:

i. fails to pass or complete the course,

ii. does not resume employment with the Employer on completion of the course, or

iii. ceases to be employed, except by reason of death or lay-off, before termination of the period the lawyer has undertaken to serve after completion of the course,

shall repay the Employer all allowances paid under this clause during the education leave, or such lesser sum as shall be determined by the Employer.

Education leave without pay shall be counted for the calculation of “service” for calculating severance pay and vacation leave.

14. Leave Without Pay for Relocation of Spouse

a. Leave without pay for a minimum period of three (3) months and a maximum period of one (1) year may be granted to a lawyer whose spouse is permanently relocated and up to five (5) years to a lawyer whose spouse is temporarily located.

b. Leave granted under this clause for a period of more than three (3) months shall be deducted from the calculation of “service” for the purpose of calculating severance pay and vacation leave.

15. Leave Without Pay for Personal Needs

a. Subject to operational requirements, leave without pay for a period of up to three (3) months will be granted to a lawyer for personal needs.

b. Subject to operational requirements, leave without pay of more than three (3) months but not exceeding one (1) year will be granted to a lawyer for personal needs.

c. A lawyer is entitled to leave without pay for personal needs only once under each of (a) and (b) of this clause during the lawyer’s total period of employment in the Public Service. Leave without pay granted under this clause may not be used in conjunction with maternity or parental leave or leave for relocation of spouse without the consent of the Employer.

d. Leave without pay granted under (a) shall be counted for the calculation of “continuous employment” for the purpose of calculating severance pay and “service” for the purpose of calculating vacation leave. Time spent on such leave shall be counted for pay increment purposes.

e. Leave without pay granted under (b) shall be deducted from the calculation of “continuous employment” for the purpose of calculating severance pay and “service” for the purpose of calculating vacation leave for the lawyer involved. Time spent on such leave shall not be counted for pay increment purposes.

16. Other Leave With or Without Pay

At its discretion, the Employer may grant leave with pay or without pay for purpose other than those specified above.

17. Leave for Traditional Indigenous Practices

a. Subject to operational requirements as determined by the Employer, fifteen (15) hours of leave with pay and twenty-two decimal five (22.5) hours of leave without pay per fiscal year shall be granted to a lawyer who self-declares as an Indigenous person and who requests leave to engage in traditional Indigenous practices, including land-based activities such as hunting, fishing, and harvesting.

For the purposes of this provision, an Indigenous person means First Nations, Inuit or Métis.

b. Unless otherwise informed by the Employer, a statement signed by the lawyer stating that they meet the conditions of this section shall, when delivered to the Employer, be considered as meeting the requirements of this provision.

c. A lawyer who intends to request leave under this section must give notice to the Employer as far in advance as possible before the requested period of leave.

d. As an alternative to leave without pay as per paragraph 17(a), at the request of the lawyer and at the discretion of the Employer, time off with pay, up to a total amount of twenty-two decimal five (22.5) hours, may be granted to the lawyer in order to fulfill their traditional Indigenous practices. The number of hours with pay so granted must be made up hour for hour within a period of six (6) months, at times agreed to by the Employer. Hours worked as a result of time off granted under this paragraph shall not be compensated nor should they result in any additional payments by the Employer.

e. Leave under this provision may be taken in one or more periods. Each period of leave shall not be less than seven decimal five (7.5) hours.

18. Leave for Religious Obligations

a. Every reasonable effort shall be made to accommodate lawyers who request time off to fulfill their religious obligations.

b. Lawyers may request annual leave, banked time, compensatory leave, personal leave or leave without pay for other reasons in order to fulfill their religious obligations.

c. At the request of the lawyer and with manager’s discretion, time off with pay may be granted to lawyers in order to fulfil their religious obligations, the number of hours with pay so granted must be made up hour for hour within a period of six (6) months, at times agreed to by the manager.

19. Severance Benefits

19.1 General

Under the following circumstances and subject to paragraph 19.2, a lawyer shall receive severance benefits calculated on the basis of the lawyer's weekly rate of pay for the lawyer's substantive position on the last day of employment:

a. Lay-Off

i. On the first lay-off from the Canadian Nuclear Safety Commission, two (2) weeks’ pay, or three (3) weeks pay for lawyers with 10 or more and less than 20 years of continuous employment, or four (4) weeks’ pay for lawyers with 20 years of continuous employment, plus one (1) week’s pay for each additional complete year of continuous employment, to a maximum of 30 weeks. In the case of a partial year of continuous employment, one (1) week’s pay multiplied by the number of days completed of continuous employment divided by 365.

ii. On second or subsequent lay-off from the Public Service, one (1) week’s pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week’s pay multiplied by the number of days completed of continuous employment divided by 365, less any period in respect of which the lawyer was granted severance pay under 19.1 (a) (i) above.

b. Death

If a lawyer dies, there shall be paid to the lawyer’s estate a severance payment in respect of the lawyer’s complete period of continuous employment, comprised of one (1) week’s pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week’s pay multiplied by the number of days completed of continuous employment (in the current year) divided by 365 to a maximum of thirty (30) weeks’ pay.

c. Release for Incapacity

When a lawyer has completed more than one (1) year of continuous employment and is terminated by reason of incapacity, one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.

d. Release for Incompetence

Lawyers who have completed then (10) years of continuous employment with the CNSC and are released for incompetence shall be paid severance pay equal to one (1) week of pay for each completed year of continuous employment to a maximum of twenty-eight (28) weeks, less any period for which severance pay has already been granted.

e. Rejection on Probation

Lawyers who have completed at least one (1) year of continuous employment in the Public Service and are terminated at any time during their probationary period, severance pay will be calculated based on one (1) week's pay for each complete year of continuous employment in the Public Service up to a maximum of twenty-seven (27) weeks' pay, less any period for which severance pay has already been granted.

f. Release on Grounds of Misconduct and Abandonment

Lawyers who are released on grounds of misconduct or abandon their position are not entitled to severance pay.

19.2 Severance Benefits

Severance benefits payable to a lawyer under 19.1 shall be reduced by any period of continuous employment in respect of which the lawyer was already granted any type of termination benefit by the Public Service, a Federal Crown Corporation, the Canadian Forces or the Royal Canadian Mounted Police. Under no circumstances shall the maximum severance pay provided under 19.1 be pyramided.

19.3 Part-time Employment

Where period of continuous employment consists of both full-time and part-time employment or part-time employment only, the number of years of continuous employment for severance pay purposes shall be calculated as follows: all periods of continuous full-time employment shall be consolidated. Then, all periods of continuous part-time employment shall be converted to full-time employment and added to the years of full-time employment. The total years of continuous employment shall then be reduced, if necessary, to the allowable maximum number of years that may be paid for the particular type of termination.

20. Additional Benefits

Lawyers can be entitled to other benefits for which the Employer is responsible. Benefits of most common interest are referenced in the Compensation and Benefits - Human Resources on BORIS:

Notes on Benefit Coverage on Leave without Pay

A lawyer proceeding on leave of absence without pay must make arrangements with their Compensation Advisor to maintain coverage and contributions during the period of LWOP, if necessary.

Appendix C – Salary Elements of LP Compensation

1. Economic Salary Adjustment

The economic salary adjustment is a change in the rate(s) of pay applicable to the salary scale for a group or level. Lawyers in the LP Group receive the economic salary adjustment on May 10th of each year. LP Salary Bands

A lawyer absent on leave with or without pay is eligible for the full percentage increase of the economic salary adjustment.

The salary of a lawyer on leave without pay is recalculated for record purposes only to maintain the same position relative to the new salary maximum that existed within the old salary range.

The salary-based allowance (e.g. maternity, parental, education allowance) of a lawyer on leave without pay is adjusted to reflect the revision.

2. Performance Increments and Awards

Effective May 10, 2013, LP-01, LP-02 and LP-03 positions are now paid on a lock-step salary range. LP lawyers paid at a rate below the maximum of the pay scale may progress through the salary range by a step increase each year providing the lawyer’s performance is rated as at least “Meets Most”. A performance award shall be granted to a lawyer whose performance has been assessed as “Meets Most”, “Meets All”, “Meets All +” or “Exceeds” and whose salary is at the maximum on May 10th and is on strength March 31 and April 1.

The pay increment period is twelve (12) months for lawyers at the LP-02, LP-03 levels and six (6) months for lawyers paid on the LP-01 scale.

Performance increments and awards will be administered as per the Guidelines on the Performance Management Program for LP Employees

3. Pay Administration Rules

3.1 Promotion or Reclassification

A lawyer from the LP group who is promoted or whose position is reclassified to a higher level shall be paid at the rate of pay in the new salary grid which is nearest to the rate the lawyer was receiving immediately before the promotion or reclassification that gives an increase in pay of not less than 4%.

3.2 Transfers

A transfer occurs when a lawyer is appointed at the same classification level. Upon transfer, the lawyer's salary will remain unchanged.

3.3 Acting

When a lawyer is required by the Employer to substantially perform the duties of a higher classification level on an acting basis for a period of at least five (5) consecutive working days, the lawyer shall be paid acting pay calculated from the date on which the lawyer commenced to act as if the lawyer had been appointed to that higher classification level for the period in which the lawyer acts. Since the lawyer is only performing the duties of the acting position for a temporary period, the lawyer retains the terms and conditions of employment associated with their substantive position.

When a day designated as a paid holiday occurs during the qualifying period, the holiday shall be considered as a day worked for purposes of the qualifying period.

A lawyer in receipt of acting pay is entitled to a recalculation of the acting rate of pay when revisions or increments are due in the substantive level.

3.4 Appointment to a Lower Classification Level

a. When a lawyer applies for a position that has a lower classification level than the lawyer's current position, or when a lawyer is appointed to a lower classification level because of incompetence of incapacity, the lawyer’s salary will be adjusted by the greater of the following two options:

i. if the lawyer's current salary is within the salary range of the new classification of the position, the lawyer shall be paid the rate of pay nearest but not less than the rate previously received, or

ii. if the lawyer's current salary is higher than the maximum of the salary range of the new position, the lawyer's salary will be reduced to the maximum of the salary range of the new position, as of the date of appointment.

b. When a lawyer’s position is abolished and the lawyer is offered and accepts an alternate position with a lower classification level, or the lawyer’s position is reclassified to a lower level, the lawyer’s salary will be adjusted in accordance with Section 3.5.

3.5 Reclassification to a Level with a Lower Maximum Rate

Where a lawyer’s position is reclassified to a level with a lower maximum rate of pay, the lawyer is entitled to be paid as follows:

a. Should the lawyer’s salary be within the salary band of the new classification of the position, the lawyer shall be paid the rate of pay nearest but not less than the rate previously received.

b. Should the lawyer’s salary exceed the maximum of the range for the new classification of the position, the lawyer continues to be paid the existing rate of pay until such time as the maximum rate of pay for the lawyer’s group and level is equal to, or greater than, the lawyer’s salary or until the position is vacated.

c. The lawyer subject to paragraph (b) above shall receive the equivalent of the economic increase paid in the form of a lump sum payment.

The Employer will make a reasonable effort to transfer the lawyer to a position having a level equivalent to that of the former group and/or level of the position. In the event that a lawyer subject to paragraph (b) declines an offer of transfer to a position in the same geographic area, without good and sufficient reason, that lawyer shall be immediately paid at the rate of pay for the reclassified position.

4. Transition to the National Pay Grid

a. Effective May 10, 2022, CNSC lawyers will transition to the new AJC single pay grid and, where applicable, will receive pay increases.

b. The Transitional Provisions as outlined in “Appendix A” of the Association of Justice Counsel (AJC) collective agreement will be used to determine the new step for lawyers at the LP-02 and LP-03 level.

Appendix D: Grievance Procedure

1. Informal Resolution Process

The Employer recognizes the value of informal discussions between lawyers and their supervisors to the end that problems might be resolved without recourse to a formal grievance. When a lawyer, within the time limits prescribed gives notice that they wish to take advantage of this process, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits.

2. Grievance Presentation

Subject to and as provided in Section 208 of the Federal Public Sector Labour Relations Act, a lawyer who feels treated unjustly or aggrieved by an action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance.

A grievance shall be processed by recourse to the following levels:

(a) level 1: first level management

(b) level 2: intermediate level where such level is established within the Employer

(c) final level: Authorized representative at the vice-president level

Where it appears that the nature of the grievance is such that a decision cannot be given below a particular level of authority, any or all the levels, except the final level may be eliminated by agreement of the Employer and the lawyer. Where the Employer terminates a lawyer, the grievance shall be presented at the Final Level only.

Where a grievance relates to a complaint and the person designated to hear the grievance is the subject of the complaint, the grievance shall be heard by another person, as designated by the Employer.

3. Filing a Grievance

(a) A lawyer who wishes to present a grievance at a prescribed level of the grievance procedure shall transmit the grievance to the immediate supervisor who shall forthwith provide the lawyer with a receipt stating the date on which the grievance was received and submit the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level.

(b)  A grievance of a lawyer shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer.

(c)  The Employer recognizes that lawyers have a right to present a grievance or to use the problem-solving processes and shall not seek by intimidation or threat to cause a lawyer to abandon a grievance or to refrain from exercising their rights.

4. Representation

A lawyer may be assisted and/or represented by a person of their choice when using the grievance procedure described herein.

5. Time Limits

A lawyer may present a grievance at the First Level no later than thirty-five (35) days after the day on which they first become aware of the action or circumstances giving rise to the grievance.

Except at the final level, the Employer shall reply to a lawyer's grievance within twenty (20) days after the date the grievance is presented. Where such decision or settlement is not satisfactory to the lawyer, or the Employer does not reply within the time frame, they may, within fifteen (15) days, submit a grievance at the next higher level.

The Employer shall reply to a lawyer’s grievance at the Final Level within thirty (30) days after the date the grievance is presented at that level.

Where a grievance or a reply is presented by mail, it shall be deemed to have been presented on the day on which it is postmarked and to have been received on the date it is delivered or five (5) business days after it is postmarked, whichever is the earlier.

With the exception of the section above (mail) for the calculation of time limits as prescribed herein, the number of days are reflective of calendar days, and for greater certainty includes Saturdays, Sundays and designated paid holidays.

The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the lawyer.

6. Abandonment of a Grievance

A lawyer who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance unless the lawyer was unable to comply with the prescribed time limits due to circumstances beyond their control.

A lawyer may abandon a grievance by written notice to their immediate supervisor.

7. Non-Adjudicable Grievances

Where a grievance has been presented up to and including the Final Level in the grievance process, and the grievance is not one that may be referred to adjudication, the decision on the grievance taken at the Final Level in the grievance process is final and binding and no further action may be taken under the Federal Public Sector Labour Relations Act.

Where a lawyer has presented a grievance up to the Final Level in the grievance procedure with respect to:

(a) the interpretation or application in respect of the lawyer’s terms and conditions of employment

or

(b) disciplinary action resulting in the termination of employment, demotion, suspension or a financial penalty

and the grievance has not been dealt with to the lawyer’s satisfaction, the lawyer may refer the grievance to adjudication in accordance with the provisions of the Federal Public Sector Labour Relations Act and Regulations.

Appendix E – Maternity Leave and Allowance/Parental Leave and Allowance

1. Maternity leave without pay

a. A lawyer who becomes pregnant shall, upon request, be granted maternity leave without pay for a period beginning before, on or after the termination date of pregnancy and ending not later than eighteen (18) weeks after the termination date of pregnancy.

b. Notwithstanding paragraph (a):

i. where the lawyer has not yet proceeded on maternity leave without pay and her newborn child is hospitalized,

or

ii. where the lawyer has proceeded on maternity leave without pay and then returns to work for all or part of the period during which her newborn child is hospitalized, the period of maternity leave without pay defined in paragraph (a) may be extended beyond the date falling eighteen (18) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child’s hospitalization during which the lawyer was not on maternity leave, to a maximum of eighteen (18) weeks.

c. The extension described in paragraph (b) shall end not later than fifty-two (52) weeks after the termination date of pregnancy.

d. The Employer may require a lawyer to submit a medical certificate certifying pregnancy.

e. The lawyer who has not commenced maternity leave without pay may elect to:

i. use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates;

ii. use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in Section 5 Sick Leave. For purposes of this subparagraph, the terms “illness” or “injury” used in Section 5 Sick Leave, shall include medical disability related to pregnancy.

f. The lawyer shall inform the Employer in writing of her plans for taking leave with and without pay to cover her absence from work due to the pregnancy at least four (4) weeks in advance of the initial date of continuous leave of absence during which termination of pregnancy is expected to occur unless there is a valid reason why the notice cannot be given.

g. Leave granted under this clause shall be counted for the calculation of “continuous employment” for the purpose of calculating severance pay and “service” for the purpose of calculating vacation leave. Time spent on such leave shall be counted for pay increment purposes.

2. Maternity allowance

a. A lawyer who has been granted maternity leave without pay shall be paid a maternity allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraph (c) to (i), provided that she:

i. has completed six (6) months of continuous employment before the commencement of her maternity leave without pay,

ii. provides the Employer with proof that she has applied for and is in receipt of maternity benefits under the Employment Insurance Plan 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. she will return to work within the federal public administration, as specified in Schedule I, Schedule IV or Schedule V of the Financial Administration Act, on the expiry date of her maternity leave without pay unless the return-to-work date is modified by the approval of another form of leave.

B. following her return to work, as described in section (A), she will work for a period equal to the period she was in receipt of maternity allowance.

C. should she fail to return to work in accordance with section (A), or should 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, she will be indebted to the Employer for an amount determined as follows:

( allowance   received )   ×   ( remaining   period   to   be   worked   following   her   return   to   work ) ( total   period   to   be   worked   as   specified   in   B )

however, a lawyer whose specified period of employment expired and who is rehired within the federal public administration as described in section (A) within a period of ninety (90) days or less is not indebted for the amount if her new period of employment is sufficient to meet the obligations specified in section (B).

b. For the purpose of sections 2(a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the lawyer’s return to work will not be counted as time worked but shall interrupt the period referred to in section 2(a)(iii)(B), without activating the recovery provisions described in section 2(a)(iii)(C).

c. Maternity allowance payments made in accordance with the SUB Plan will consist of the following:

i. where a lawyer is subject to a waiting period before receiving Employment Insurance maternity benefits, ninety-three per cent (93%) of her weekly rate of pay (and the recruitment and retention “terminable allowance” if applicable) for each week of the waiting period, less any other monies earned during this period, and

ii. for each week that the lawyer receives a maternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, she is eligible to receive the difference between ninety-three per cent (93%) of her weekly rate of pay (and the recruitment and retention “terminable allowance”, if applicable) and the maternity benefit, less any other monies earned during this period which may result in a decrease in her maternity benefit to which she would have been eligible if no extra monies had been earned during this period, and

iii. where a lawyer has received the full fifteen (15) weeks of maternity benefit under Employment Insurance and thereafter remains on maternity leave without pay, she is eligible to receive a further maternity allowance for a period of one (1) week, ninety three per cent (93%) of her weekly rate of pay (and the recruitment and retention “terminable allowance”, if applicable) for each week less any other monies earned during this period.

d. At the lawyer’s request, the payment referred to in subparagraph 2(c) (i) will be estimated and advanced to the lawyer. Adjustments will be made once the lawyer provides proof of receipt of Employment Insurance or Québec Parental Insurance maternity benefits.

e. The maternity allowance to which a lawyer is entitled is limited to that provided in paragraph (c) and a lawyer will not be reimbursed for any amount that she may be required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Québec.

f. The weekly rate of pay referred to in paragraph (c) shall be:

i. for a full-time lawyer, the lawyer’s weekly rate of pay on the day immediately preceding the commencement of maternity leave without pay;

ii. for a lawyer 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 leave, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the lawyer’s straight-time earnings by the straight-time earnings the lawyer 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”, if applicable) to which the lawyer is entitled for her substantive level to which she is appointed.

h. Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of maternity leave without pay a lawyer has been on an acting assignment for at least four (4) months, the weekly rate shall be the rate (and the recruitment and retention “terminable allowance”, if applicable) she was being paid on that day.

i. Where a lawyer becomes eligible for a pay increment or pay revision while in receipt of the maternity allowance, the allowance shall be adjusted accordingly.

j. Maternity allowance payments made under the SUB Plan will neither reduce nor increase a lawyer’s deferred remuneration or severance pay.

3. Special maternity allowance for totally disabled lawyers

a. A lawyer who:

i. fails to satisfy the eligibility requirement specified in subparagraph 2 (a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Long-Term Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or the Government Employees Compensation Act prevents her from receiving Employment Insurance or Québec Parental Insurance maternity benefits and

ii. has satisfied all of the other eligibility criteria specified in paragraph 2(a), other than those specified in sections (A) and (B) of subparagraph 2(a)(iii), shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph 3(a)(i), the difference between ninety-three per cent (93%) of her weekly rate of pay (and recruitment and retention “terminable allowance”, if applicable) and the gross amount of her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.

b. A lawyer shall be paid an allowance under this clause and under clause 2 for a combined period of no more than the number of weeks during which she would have been eligible for maternity benefits under the Employment Insurance, or the Québec Parental Insurance Plan had she not been disqualified from Employment Insurance or Québec Parental Insurance maternity benefits for the reasons described in subparagraph 3(a) (i).

4. Parental leave without pay

a. Where a lawyer has or will have the actual care and custody of a new-born child (including the new-born child of a common-law partner), the lawyer shall, upon request, be granted parental leave without pay for either:

i. a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period (standard option),

or

ii. a single period of up to sixty-three (63) consecutive weeks in the seventy-eight (78) week period (extended option), beginning on the day on which the child comes into the lawyer’s care.

b. Where a lawyer commences legal proceedings under the laws of a province to adopt a child or obtains an order under the laws of a province for the adoption of a child, the lawyer shall, upon request, be granted parental leave without pay for either:

i. a single period of up to thirty-seven (37) consecutive weeks in the fifty-two week (52) period (standard option),

or

ii. a single period of up to sixty-three (63) consecutive weeks in the seventy-eight (78) week period (extended option), beginning on the day on which the child comes into the lawyer’s care.

c. Notwithstanding paragraphs (a) and (b) above, at the request of a lawyer and at the discretion of the Employer, the leave referred to in the paragraphs (a) and (b) above may be taken in two (2) periods.

d. Notwithstanding paragraphs (a) and (b):

i. where the lawyer’s child is hospitalized within the period defined in the above paragraphs, and the lawyer has not yet proceeded on parental leave without pay,

or

ii. where the lawyer has proceeded on parental leave without pay and then returns to work for all or part of the period during which their child is hospitalized, the period of parental leave without pay specified in the original leave request may be extended by a period equal to that portion of the period of the child’s hospitalization during which the lawyer was not on parental leave. However, the extension shall end not later than one hundred and four (104) weeks after the day on which the child comes into the lawyer’s care.

e. A lawyer who intends to request parental leave without pay shall notify the Employer at least four (4) weeks in advance of the commencement date of such leave.

f. The Employer may:

i. defer the commencement of parental leave without pay at the request of the lawyer;

ii. grant the lawyer parental leave without pay with less than four (4) weeks’ notice;

iii. require a lawyer to submit a birth certificate or proof of adoption of the child.

g. Leave granted under this clause shall count for the calculation of “continuous employment” for the purpose of calculating severance pay and “service” for the purpose of calculating vacation leave. Time spent on such leave shall count for pay increment purposes.

5. Parental allowance

Under the Employment Insurance (EI) benefits plan, parental allowance is payable under two options, either:

  • Option 1: standard parental benefits, clause 5 paragraphs (c) to (k), or
  • Option 2: extended parental benefits, clause 5 paragraphs (l) to (t).

Once a lawyer elects the standard or extended parental benefits and the weekly benefit top up allowance is set, the decision is irrevocable and shall not be changed should the lawyer return to work at an earlier date than that originally scheduled.

Under the Québec Parental Insurance Plan (QPIP), parental allowance is payable only under Option 1: standard parental benefits.

Parental Allowance Administration

a. A lawyer 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) or (l) to (r), providing they:

i. have completed six (6) months of continuous employment before the commencement of parental leave without pay,

ii. provide the Employer with proof that they have applied for and are in receipt of parental, paternity or adoption benefits under the Employment Insurance Plan or the Québec Parental Insurance Plan in respect of insurable employment with the Employer, and

iii. have signed an agreement with the Employer stating that:

A. the lawyer will return to work within the federal public administration, as specified in Schedule I, Schedule IV or Schedule V of the Financial Administration Act, on the expiry date of their parental leave without pay, unless the return to work date is modified by the approval of another form of leave;

B. Following their return to work, as described in section (A), the lawyer will work for a period equal to the period the lawyer was in receipt of the standard parental allowance, in addition to the period of time referred to in section 2 (a) (iii) (B), if applicable. Where the lawyer has elected the extended parental allowance, following their return to work, as described in section (A), the lawyer will work for a period equal to sixty percent (60%) of the period the lawyer was in receipt of the extended parental allowance in addition to the period of time referred to in section 2(a) (iii) (B), if applicable.

C. Should they fail to return to work as described in section (A) or 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 Act, they will be indebted to the Employer for an amount determined as follows:

( allowance   received )   ×   ( remaining   period   to   be   worked   following   her   return   to   work ) ( total   period   to   be   worked   as   specified   in   B )

however, a lawyer whose specified period of employment expired and who is rehired within the federal public administration as described in section (A) within a period of ninety (90) days or less is not indebted for the amount if 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 lawyer’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).

Option 1 – Standard Parental Allowance

c. Parental Allowance payments made in accordance with the SUB Plan will consist of the following:

i. where a lawyer on parental leave without pay as described in 4(a) (i) and (b) (i), has elected to receive Standard Employment Insurance parental benefits and is subject to a waiting period before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of their weekly rate of pay (and the recruitment and retention “terminable allowance”, if applicable) for the waiting period, less any other monies earned during this period;

ii. for each week the lawyer receives parental, adoption or paternity benefits under the Employment Insurance or the Québec Parental Insurance Plan, they are eligible to receive the difference between ninety-three per cent (93%) of their weekly rate of pay (and the recruitment and retention “terminable allowance”, if applicable) and the parental, adoption or paternity benefits, less any other monies earned during this period which may result in a decrease in their parental, adoption or paternity benefit to which they would have been eligible if no extra monies had been earned during this period;

iii. where a lawyer has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefit or has divided the full thirty two (32) weeks of parental benefits with another employee in receipt of the full five (5) weeks paternity under the Québec Parental Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that lawyer is eligible to receive a further parental allowance for a period of up to two (2) weeks ninety-three per cent (93%) of their weekly rate of pay (and the recruitment and retention “terminable allowance”, if applicable) for each week, less any other monies earned during this period;

iv. where a lawyer has divided the full thirty-seven (37) weeks of adoption benefits with another employee under the Québec Parental Insurance Plan for the same child and either employee thereafter remains on parental leave without pay that lawyer is eligible to receive a further parental allowance for a period of up to two (2) weeks, ninety-three percent (93%) of their weekly rate of pay (and the recruitment and retention “terminable allowance”, if applicable) for each week, less any other monies earned during this period;

v. where a lawyer has received the full thirty-five (35) weeks of parental benefit under Employment Insurance Plan and thereafter remains on parental leave without pay, they are eligible to receive a further parental allowance for a period of one (1) week, ninety three per cent (93%) of their weekly rate of pay (and the recruitment and retention “terminable allowance”, if applicable) for each week less any other monies earned during this period, unless said lawyer has already received the one (1) week of allowance contained in 2(c) (iii) for the same child;

vi. where a lawyer has divided the full forty (40) weeks of parental benefits with another employee under the Employment Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that lawyer is eligible to receive a further parental allowance for a period of one (1) week, ninety three percent (93%) of their weekly rate of pay (and the recruitment and retention “terminable allowance”, if applicable) for each week, less any other monies earned during this period, unless said lawyer has already received the one (1) week of allowance contained in 2(c) (iii) and 5(c) (v) for the same child.

d. At the lawyer’s request, the payment referred to in subparagraph 5(c) (i) will be estimated and advanced to the lawyer. Adjustments will be made once the lawyer provides proof of receipt of Employment Insurance Plan parental benefits.

e. The parental allowance to which a lawyer is entitled is limited to that provided in paragraph (c) and a lawyer will not be reimbursed for any amount that they are required to repay pursuant to the Employment Insurance Act or the Act Respecting Parental Insurance in Québec.

f. The weekly rate of pay referred to in paragraph (c) shall be:

i. for a full-time lawyer, the lawyer’s weekly rate of pay (and the recruitment and retention “terminable allowance”, if applicable) on the day immediately preceding the commencement of maternity or parental leave without pay;

ii. for a lawyer 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 lawyer’s straight-time earnings by the straight-time earnings the lawyer 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”, if applicable) to which the lawyer is entitled for the substantive level to which 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 a lawyer 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”, if applicable), the lawyer was being paid on that day.

i. Where a lawyer 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 a lawyer’s deferred remuneration or severance pay.

k. The maximum combined, shared, maternity and standard parental allowances payable shall not exceed fifty-seven (57) weeks for each combined maternity and parental leave without pay.

Option 2 – Extended Parental Allowance

1. Parental Allowance payments made in accordance with the SUB Plan will consist of the following:

i. where a lawyer on parental leave without pay as described in 4(a) (ii) and (b) (ii), has elected to receive extended Employment Insurance parental benefits and is subject to a waiting period before receiving Employment Insurance parental benefits, fifty-five decimal eight percent (55.8%) of their weekly rate of pay (and the recruitment and retention “terminable allowance”, if applicable) for the waiting period, less any other monies earned during this period;

ii. for each week the lawyer receives parental benefits under the Employment Insurance, they are eligible to receive the difference between fifty-five decimal eight percent (55.8%) of their weekly rate (and the recruitment and retention “terminable allowance”, if applicable) and the parental benefits, less any other monies earned during this period which may result in a decrease in their parental benefits to which they would have been eligible if no extra monies had been earned during this period;

iii. where a lawyer has received the full sixty-one (61) weeks of parental benefits under the Employment Insurance Plan and thereafter remains on parental leave without pay, they are eligible to receive a further parental allowance for a period of one (1) week, fifty-five decimal eight percent (55.8%) of their weekly rate of pay (and the recruitment and retention “terminable allowance”, if applicable) for each week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in 2(c) (iii) for the same child.

iv. where a lawyer has divided the full sixty-nine (69) weeks of parental benefits with another employee under the Employment Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that lawyer is eligible to receive a further parental allowance for a period of one (1) week, fifty-five decimal eight percent (55.8%) of their weekly rate of pay (and the recruitment and retention “terminable allowance”, if applicable) for each week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in 2(c) (iii) for the same child;

m. At the lawyer’s request, the payment referred to in subparagraph 5(l) (i) will be estimated and advanced to the lawyer. Adjustments will be made once the lawyer provides proof of receipt of Employment Insurance.

n. The parental allowance to which a lawyer is entitled is limited to that provided in paragraph (l) and a lawyer will not be reimbursed for any amount that they are required to repay pursuant to the Employment Insurance Act.

o. The weekly rate of pay referred to in paragraph (l) shall be:

i. for a full-time lawyer, the lawyer’s weekly rate of pay on the day immediately preceding the commencement of parental leave without pay;

ii. for a lawyer 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 parental leave without pay the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the lawyer’s straight-time earnings by the straight-time earnings the lawyer would have earned working full-time during such period.

p. The weekly rate of pay referred to in paragraph (l) shall be the rate (and the recruitment and retention “terminable allowance”, if applicable) to which the lawyer is entitled for the substantive level to which they are appointed.

q. Notwithstanding paragraph (p), and subject to subparagraph (o)(ii), if on the day immediately preceding the commencement of parental leave without pay a lawyer 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”, if applicable), the lawyer was being paid on that day.

r. Where a lawyer becomes eligible for a pay increment or pay revision while in receipt of the allowance, the allowance shall be adjusted accordingly.

s. Parental allowance payments made under the SUB Plan will neither reduce nor increase a lawyer’s deferred remuneration or severance pay.

t. The maximum combined, shared, maternity and extended parental allowance payable shall not exceed eighty-six (86) weeks for each combined maternity and parental leave without pay.

6. Special parental allowance for totally disabled lawyers

a. A lawyer who:

i. fails to satisfy the eligibility requirement specified in subparagraph 5(a) (ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Long-Term Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or via the Government Employees Compensation Act prevents the lawyer from receiving Employment Insurance or Québec Parental Insurance benefits: and

ii. has satisfied all of the other eligibility criteria specified in paragraph 5(a), other than those specified in sections (A) and (B) of subparagraph 5(a)(iii):

shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in subparagraph 6(a) (i), the difference between ninety-three per cent (93%) of the lawyer’s rate of pay (and the recruitment and retention “terminable allowance”, if applicable), and the gross amount of their weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.

b. A lawyer shall be paid an allowance under this clause and under clause 5 for a combined period of no more than the number of weeks during which the lawyer would have been eligible for parental, paternity or adoption benefits under the Employment Insurance or the Québec Parental Insurance Plan, had the lawyer not been disqualified from Employment Insurance or Québec Parental Insurance benefits for the reasons described in subparagraph 6(a) (i).

7. Medical appointment for pregnant lawyers

a. Up to three decimal seven five (3.75) hours of time off with pay will be granted to pregnant lawyers for the purpose of attending routine medical appointments.

b. Where a series of continuing appointments are necessary for the treatment of a particular condition relating to the pregnancy, absences shall be charged to sick leave.

8. Maternity-related reassignment or leave

a. A lawyer who is pregnant or nursing may, during the period from the

beginning of pregnancy to the end of the twenty-fourth (24th) week following the birth, request the Employer to modify her job functions or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of her current functions may pose a risk to her health, that of the fetus or of the child.

b. A lawyer’s request under paragraph (a) above must be accompanied or followed as soon as possible by a medical certificate indicating the expected duration of the potential risk and the activities or conditions to avoid in order to eliminate the risk. Dependent upon the particular circumstances of the request, the Employer may obtain an independent medical opinion.

c. A lawyer who has made a request under paragraph (a) above is entitled to continue in her current job while the Employer examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to immediately assigned alternative duties until such time as the Employer:

i. Modified her job functions or reassigns her,

or

ii. Informs her in writing that it is not reasonably practicable to modify her job functions or reassign her.

d. Where reasonably practicable, the Employer shall modify the lawyer’s job functions or reassign her.

e. Where the Employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the Employer shall so inform the lawyer in writing and shall grant leave of absences without pay to the lawyer for the duration of the risk as indicated in the medical certificate. However, such leave shall end no later than twenty-four (24) weeks after the birth.

A lawyer whose job functions have been modified, who has been reassigned or who is on leave of absences shall give at least two (2) weeks’ notice in writing to the Employer of any change in duration of the risk or the inability as indicated in the original medical certificate, unless there is a valid reason why that notice cannot be given. Such notice must be accompanied by a new medical certificate.

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