Language selection

Government of Canada / Gouvernement du Canada

Search

Directive on Terms and Conditions of Employment for Students

Table of Contents

1. Effective Date

This directive takes effect on April 1, 2024.

2. Application

This directive applies to all employees hired as students and classified as REGS.

3. Context

This directive supports the Human Resources Policies and Procedures by providing direction to management and staff to 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 those employees covered by this directive.

This directive concurs with CNSC policies and related directives and procedures as stipulated under Section 7.

4. Directive Statement

4.1 Objective

The objective of this directive is to ensure accurate, consistent, effective, and equitable administration of the terms and conditions of employment for students across the CNSC.

4.2 Expected Results

The expected results of this directive are as follows:

  • Students receive appropriate monetary and non-monetary compensation; and
  • The terms and conditions of employment are applied in an equitable, accurate, consistent, transparent, and timely manner.

5. Roles and Responsibilities

5.1 The head of human resources is responsible for the following:

  • Ensuring that persons responsible for the day-to-day application and administration of this directive are providing accurate, consistent, and timely information to students about the terms and conditions of their employment.

5.2 Managers are responsible for the following:

  • Providing students with information on their terms and conditions of employment set out in this directive and the associated policies; and
  • Ensuring that a copy of the letter of offer and pay action requests are submitted promptly to the responsible compensation advisor for processing of pay administration.

5.3 Students are responsible for:

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

6. Monitoring

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

7. References

7.1 Relevant Legislation

7.2 Relevant CNSC Policy Instruments

Note:  Application of individual policies/directives is determined within each policy/directive.

  • Travel Directive
  • Relocation Directive
  • Flexible Work Policy

8. Enquiries

Please direct enquiries about this directive to the Compensation Team, Workplace Wellness, Compensation and Resourcing Division (WWCRD) of the Human Resources Directorate. They can be reached at compensation-remuneration@cnsc-ccsn.gc.ca.

Appendix A – Terms and Conditions of Employment for Students

1. Hours of Work

Students and Co-op Students hired on a full-time basis, 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 shall be Monday to Friday inclusive.

Students hired on a “as and when required” basis do not have regular scheduled hours and days of work officially assigned. However, the hours should be worked during the Monday to Friday timeframe outlined above. The hiring manager and the student must discuss expectations around hours and days of work in advance.

2. Pay

Subject to these terms and conditions of employment and any other policy instruments, students are entitled to be paid bi-weekly, on an arrears pay cycle, at the appropriate rate of pay.

Students hired on a “as and when required” basis must complete the Claim for Hours Worked form, have it approved by their manager and submitted to Compensation to be paid. Before submitting their form, they need to ensure their ITAS timesheet captures all hours of work as per their claim form. The ITAS timesheet is submitted to their manager for approval at the end of the month.

3. Time Accounting Report

To enable the CNSC to meet its cost-recovery obligations, all employees must submit the Time Accounting Report as soon as possible following the period in question as prescribed by the Employer.

Students must complete a Time Accounting Report accurately detailing the time worked based on the Time Accounting Code guide relevant for the period in question.

4. Banked Time

Only Co-op Students are eligible for bank time.

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 an employee 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.

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.

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.

Employees 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.

Banked time cannot be converted to cash at any time.

5. Designated Paid Holidays

Students hired on a “As and When Required” basis are not entitled to designated paid holidays.

Students and Co-op Students hired on a full-time basis regardless of duration of period of employment are entitled to a holiday with pay on each of the following designated holidays falling within their period of employment, so long as they are not on leave without pay the day prior and the day after the holiday:

  • New Year’s Day
  • Good Friday
  • Easter Monday
  • Day fixed by proclamation of the Governor-in-Council for the celebration of the Sovereign’s Birthday
  • Canada Day
  • Labour Day
  • National Day of Truth and Reconciliation
  • Thanksgiving Day
  • Remembrance Day
  • Christmas Day
  • Boxing Day
  • One additional day each year recognized to be 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.
  • One additional day when proclaimed by an Act of Parliament as a national holiday.

Holiday on a Day of Rest

When a designated holiday coincides with a day of rest, the holiday is moved to the first scheduled working day following the day of rest.

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

Holiday During Leave

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

An employee 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.

6. Annual Leave

Students hired on a full-time basis and on a “As and When Required” basis are not entitled to annual leave; however, they are entitled to vacation pay equal to four percent (4%) in lieu of annual leave. This amount will be calculated for all hours worked and paid every time they submit their hours worked.

Co-op Students hired on a full-time basis for a period of at least three months are entitled to annual leave with pay to the extent of the student’s earned credits. A Co-op student hired for six months or more is entitled to receive an advance of credits equivalent to the anticipated credits for the current fiscal year.

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

Credits of 9.375 hours will be granted for any month in that fiscal year during which the student has received pay for at least ten working days.

If annual leave is used in advance of being earned, and the student does not fulfill their full working term, days of leave will be recovered from the student’s last pay.

7. Sick Leave

Students hired on a full-time basis and on a “As and when required” basis are not entitled to paid sick leave and do not accumulate sick leave credits.

Co-op students hired on a full-time basis for a period of employment of more than three (3) months are eligible to paid sick leave. Sick leave with pay is granted, to the extent of accumulated credits, to a student who is unable to work as a result of sickness or non-work-related injury. A student shall earn sick leave credits at a rate of 9.375 hours for each calendar month for which the student receives pay for at least ten days.

Utilization of Sick Leave Credits

A Co-op student shall be granted sick leave with pay when they are unable to perform their duties because of illness or injury provided that:

  • they satisfy the authorized line manager of this condition in such a manner as may be determined by the Employer; and
  • they have the necessary sick leave credits.

Unless otherwise informed by the Employer, a statement signed by the Co-op student stating that because of illness or injury they are unable to perform their duties, shall, when delivered to the Employer, be considered as meeting the requirements of above.

Notwithstanding the above paragraph, if the Employer considers it necessary, they may request that the Co-op student produce a medical certificate to support any application for sick leave.

Sick leave with pay shall not be granted during any period in which the Co-op student is on leave of absence without pay or under suspension.

If the Co-op student is granted sick leave with pay and injury-on-duty leave is subsequently approved for the same period, the Co-op student’s sick leave credits shall be restored.

8. Bereavement Leave

Students hired on a “As and when required” are not entitled to bereavement leave.

Students and Co-op students hired on a full-time basis for a period of employment of less than three (3) months are entitled to bereavement leave without pay.

Students and Co-op students hired on a full-time basis for a period of employment of more than three (3) months are entitled to bereavement leave with pay as per the following conditions:

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 resident with the employee), child (including child of common-law spouse), stepchild or ward of the employee, grandchild, grandparent, father-in-law, mother-in-law, and relative permanently residing in the student’s household or with whom the student permanently resides or subject to paragraph (f) below, a person who stands in the place of a relative for the student whether or not there is any degree of consanguinity between such person and the student.

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

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

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.

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.

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

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

9. Lay-off

Students and Co-op students hired on full-time basis who have at least three (3) months of continuous employment and who are laid-off before the end of their period of employment are to receive two (2) weeks’ notice of the layoff. If they do not receive two (2) weeks’ notice, they are to receive compensation in lieu of notice. That compensation is equal to two (2) weeks’ pay or pay to the end of the specified period of their employment, whichever is less.

If a laid-off student or co-op student is re-employed at the CNSC or in the public service before the end of the period for which compensation was paid, the student or co-op student must repay the part of the compensation that represents the time from the date of their re-employment to the end of the original compensation period.

10. Overtime

Students hired on a “as and when” required basis are not entitled to overtime.

Students and Co-op students hired on a full-time basis are entitled to be paid overtime as per the following provisions:

General

Overtime is defined as pre-authorized time worked by a full-time student and Co-op student on a day of rest, on a designated paid holiday or on a regularly scheduled workday in excess of 7.5 hours.

Compensation for overtime shall not be paid with respect of attendance at training or development courses, workshops or conferences, or seminars, unless such participation was directed by the Employer and not voluntary on the part of the student or the Co-op student.

All calculations for overtime shall be based on each completed period of 15 minutes.

Overtime Calculation

Students and Co-op students required to work overtime shall be compensated at:

a. on a regular scheduled workday at the rate of one and one-half (1 ½) time for the first seven decimal five (7.5) overtime hours worked and at the rate of double (2) time for all hours of overtime in any contiguous period in excess of the first seven decimal five (7.5) hours;

b. on days of rest at the rate of one and one-half (1 ½) time for the first seven decimal five (7.5) overtime hours worked and double (2) time thereafter except, that when an employee is required by the Employer to work on two (2) or more consecutive and contiguous days or rest the employee shall be compensated on the basis of double (2) time for all hours worked on the second and each subsequent day of rest;

c. on a designated paid holiday, at the rate of one and one-half (1 ½) time for the first seven decimal five (7.5) hours worked and double (2) time thereafter; or

d. when a student or co-op student works on a designated paid holiday, contiguous to a day of rest on which the student or co-op student also worked, the student or co-op student shall be compensated on the basis of double (2) time for each hour worked.

Call-back

Where a student is entitled to overtime and completes a call-back requirement without being required to leave the location at which the employee was contacted, the employee shall be entitled to the greater of:

(a) a minimum of one hour pay at the applicable overtime rate, or

(b) compensation at the applicable rate of overtime for the actual hours worked.

The minimum of one (1) hour, shall apply only once in respect of each one-hour period.

Students called back to work under this clause will be entitled to reimbursement of the mileage allowance at the rate normally paid to an employee when authorized by the Employer to use a personal automobile or out-of-pocket expenses for commercial transportation, as applicable.

Stand-by

a. A student designated for standby duty shall be available during the period of standby at a known telephone number and be able to report for duty as quickly as possible if called.

b. When the Employer requires a student to be available on standby during off-duty hours, the student shall be compensated at the rate of one-half (0.5) hour of pay for each four-hour period or portion thereof of standby duty. No payment shall be made where the student is unable to perform work when required.

c. A student on standby who is called in to work by the Employer and who reports for work shall be compensated according to call-back provisions.

Overtime Meal Allowance

A student who works three (3) or more hours of overtime on a regularly scheduled workday, shall be reimbursed for one meal valued at $12.00, except where free meals are provided. Reasonable time with pay, to be determined by the Employer, shall be allowed the student in order to take a meal break either at or adjacent to the student’s place of work.

If the student works overtime continuously extending four (4) hours or more beyond the first three hours, the student shall be reimbursed for one additional meal in the amount of $12.00, except where free meals are provided.

A student is not eligible for meal allowance under this section if they are on travel status which entitles the student to claim expenses for lodging and/or meals or if the student has obtained authorization to work at the student’s residence or at another place to which the student agrees under the Flexible Work Policy.

Transportation

At the discretion of their manager, students required to work overtime may be reimbursed for transportation from the place of work to home and/or return by taxi, public transit or private vehicle at the higher kilometric rate. Parking charges will also be reimbursed when applicable.

Travelling Time

When the Employer requires a student to travel for the purpose of performing duties the student shall be compensated as follows:

(a) on a normal working day on which a student travels but does not work, the student shall receive regular pay for the day;

(b) on a normal working day on which a student travels and works, the student shall be paid:

(i) regular pay for the day for a combined period of travel and work not exceeding 7.5 hours; and

(ii) at the applicable overtime rate for additional travel time in excess of a 7.5 hour period of work and travel, not to exceed a maximum payment for such additional travel time not to exceed 15 hours pay in any day, calculated at the straight-time rate.

Compensation for Overtime and Travelling Time

Overtime is to be compensated in the form of pay with the approval of the Employer.

11. Discipline

Subject to any other policy instrument, and any standards for discipline established by the Employer, financial and other penalties, including suspension and termination of employment, may be applied for breaches of discipline or misconduct by a student.

12. Tenures of employment

Students can be hired either on:

  • a full-time basis for a specified period of employment, or
  • a “as and when required” basis.

13. Continuous employment

If a student employed under a student employment program is subsequently appointed to the CNSC or to the public service, periods of student employment may count toward continuous employment, provided they meet the criteria of the applicable terms and conditions of employment.

The definition of continuous employment can be found in Appendix A of the Terms and Conditions of Employment for Unrepresented and Excluded Employees.

14. Continuous service

Effective April 1, 2013, any periods of continuous service as a student in the public service count toward the calculation of vacation leave entitlements when an individual becomes subject to the vacation leave provisions of the relevant collective agreement or terms and conditions of employment. There is no recalculation of vacation leave entitlements prior to April 1,2013.

15. Injury on duty

In the event of an injury on duty, students are defined as employees under the Government Employees Compensation Act.

16. Security clearances

Where required, students must have the appropriate security clearance.

17. Break in service

Where a break in service has been determined as necessary, the break must be 10 working days.

Appendix B – Definitions

“As and When Required” means that the student does not have regular scheduled hours and days of work officially assigned. However, the hours should be worked during the Monday to Friday timeframe. The hiring manager and the student must discuss expectations around hours and days of work in advance.

Hours worked are paid in arrears on a bi-weekly basis. The student must complete the Claim for Hours Worked form, have it approved by their manager and submitted to Compensation to be paid. Before submitting their form, they need to ensure their ITAS timesheet captures all hours of work as per their claim form. The ITAS timesheet is submitted to their manager for approval at the end of the month.

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

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

Employee (Student) means a person so defined by the Federal Public Service Labour Relations Act.

Employer means the Canadian Nuclear Safety Commission.

Hourly rate of pay means a student’s annual rate of divided by 1956.6.

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.

Appendix C – Salary Grids

Student Rates of Pay

Page details

Date modified: