Article 10 - Leave for union activities
The term “employee” as defined in clause 1.01 includes an employee on leave under this Article.
10.01
Within thirty (30) days following the date on which this collective agreement comes into force, the Union gives the Employer’s representative the following:
- the list of employees representing the Union and provincial union officers charged with representing employees in the bargaining unit;
- the address to which the Employer’s representative sends all notices and documents for the Union under this collective agreement.
The Union informs the Employer of any change in this list within fifteen (15) days of the change occurring.
10.02
For the purposes of applying the following provisions, the term “employee representing the Union” also includes an employee designated by the Union to carry out union activities.
EXTERNAL UNION ACTIVITIES
10.03
Days of union leave for all external union activities, with the exception of those provided for under clauses 10.06 and 10.16, are drawn from the annual bank of union leave established in proportion to the number of employees in the bargaining unit:
| Number of employees in the bargaining unit on January 1 each year |
Institution not resulting from a merger imposed by Bill 101 | CISSS or CIUSSS2 |
|---|---|---|
| 1–50 | 20 | 20 |
| 51–100 | 50 | 30 |
| 101–200 | 80 | 35 |
| 201–300 | 95 | 45 |
| 301–500 | 135 | 60 |
| 501–750 | 180 | 70 |
| 751–1,000 | 210 | 80 |
| 1,001–1,250 | 85 | 260 |
| 1,251–1,500 | 90 | 280 |
| 1,501–1,750 | 95 | 300 |
| 1,751–2,000 | 105 | 320 |
| 2,001–2,250 | 110 | 330 |
| 2,251–2,500 | 115 | 345 |
| 2,501–2,750 | 120 | 355 |
| 2,751–3,000 | 125 | 365 |
| 3,001–3,250 | 130 | 370 |
| 3,251–3,500 | 135 | 375 |
| 3,501–3,750 | 140 | 385 |
| 3,751–4,000 | 145 | 400 |
| 4,001 or more | 150 | 420 |
These days of leave are granted without loss of salary for the employees concerned. The leave is allowed upon written request from the Union to the Employer at least ten (10) calendar days in advance. The request must indicate the name(s) of the employee(s) concerned and the duration and location of the union activity.
10.04
In extraordinary circumstances, however, and for valid reasons submitted to the Employer and for which the burden of proof lies with the Union, the above-mentioned written request may be made less than ten (10) days in advance.
10.05
After exhausting the number of days of leave set on the basis of the number of employees covered, employees representing the Union may take time off work without pay for union duties outside the institution. Despite the preceding, the Employer continues to pay them their salary, providing that the Union reimburses the Employer for salary, fringe benefits and the Employer’s share of contributions to employee benefit plans. The total number of days for all employees in the bargaining unit is as follows:
| Number of employees | Number of days per year |
|---|---|
| 1–50 | 10 |
| 51–100 | 13 |
| 101–150 | 15 |
| 151–250 | 20 |
| 251–350 | 25 |
| 351–450 | 30 |
| 451–500 | 33 |
| 501 or more | 40 |
After exhausting the number of days of leave for union activities without pay given above, the local parties may agree to add supplementary leave without pay for union activities. The conditions of the preceding paragraph apply.
10.06
A specific bank of leave for external union activities with no loss of salary is made available to the Union for all the provincial officers that it designates. This bank is credited with three hundred (300) days per year for all institutions in the health and social services system.
By September 15 of each year at the latest, the Union gives the CPNSSS (management bargaining committee for the health and social services sector) the list of employees on a provincial body who need to be given leave under this clause, along with the institution from which they come. Any changes to this list must be sent to the CPNSSS within fifteen (15) days of when the change occurs.
The Union also sends the CPNSSS a copy of each request for leave for union activities submitted under this clause.
Leave for union activities is granted upon written request by the Union to the Employer at least ten (10) calendar days in advance. The request must state the name(s) of the employee(s) concerned and the nature, duration and location of the union activity.
10.07
There are no changes whatsoever to employees’ work schedules for such leave, unless the parties agree otherwise.
For the purposes of exceptional union activities, if the days of leave under clause 10.03 of this Article have been used up, an employee representing the Union may exchange their weekly days off with another employee in the same activity centre, in accordance with clause 10.03 of this Article. In such a case, overtime rates do not apply.
INTERNAL UNION ACTIVITIES
10.08
The Union’s external representative or the employee representing the Union, or both, may meet with the authorities of the institution by appointment.
10.09
For the application of this collective agreement, days of leave for all internal union activities, with the exception of those covered by clauses 10.08, 10.15, 10.16 or 10.17, are taken from the annual bank of leave for union activities established in proportion to the number of employees in the bargaining unit:
| Number of employees in the bargaining unit on January 1 each year | Institution not resulting from a merger imposed by Bill 10 | CISSS or CIUSSS < 240 km | CISSS or CIUSSS ≥ 240 km |
|---|---|---|---|
| 50–100 | 50 | 125 | 145 |
| 101–200 | 95 | 225 | 245 |
| 201–300 | 125 | 305 | 325 |
| 301–500 | 155 | 375 | 405 |
| 501–750 | 180 | 415 | 465 |
| 751–1,000 | 230 | 520 | 590 |
| 1,001–1,250 | 255 | 570 | 640 |
| 1,251–1,500 | 280 | 635 | 715 |
| 1,501–1,750 | 310 | 705 | 800 |
| 1,751–2,000 | 340 | 780 | 880 |
| 2,001–2,250 | 365 | 810 | 955 |
| 2,251–2,500 | 380 | 880 | 1,010 |
| 2,501–2,750 | 385 | 915 | 1,040 |
| 2,751–3,000 | 390 | 920 | 1,045 |
| 3,001–3,250 | 395 | 925 | 1,050 |
| 3,251–3,500 | 400 | 935 | 1,065 |
| 3,501–3,750 | 405 | 955 | 1,085 |
| 3,751–4,000 | 410 | 980 | 1,105 |
| 4,001 or more | 415 | 1,020 | 1,140 |
The distance between the two (2) facilities that are furthest from an integrated health and social services centre (CISSS) or an integrated university health and social services centre (CIUSSS) is calculated by road, within the territory covered by the institution.
These days of leave for union activities are granted without loss of salary for the employees concerned. The leave is granted upon written request from the Union to the Employer at least ten (10) calendar days in advance. The request for leave must state the name(s) of the employee(s) concerned and the nature and duration of the union activity.
After the number of days of leave for union activities provided under this clause has been completely used up, employees representing the Union may take time off work without pay for internal union duties. Despite the preceding, the Employer continues to pay them their salary, providing that the Union reimburses their salary, fringe benefits and the Employer’s share of contributions to employee benefit plans.
10.10
After the number of days of leave with pay granted for internal union activities has been completely used up, employees representing the Union may use days of union leave with pay under clause 10.03 for the purposes of internal union activities.
10.11
Union leave under clauses 10.09 and 10.10 cannot be taken during weekly days off unless the parties agree otherwise.
10.12
If there are fewer than fifty (50) employees in the bargaining unit, an employee representing the Union for internal union activities may be given leave with no loss of salary upon request to the head of personnel or the latter’s representative.
10.13
For the purposes of applying clauses 10.03, 10.05, 10.09 or 10.17, the number of employees in the bargaining unit is the number on January 1 of each year.
10.14
The union office is equipped with: a table or desk, chairs, lockable filing cabinets and phone. Its location and the days on which the Union has exclusive use of it are agreed upon in arrangements at the local level.
10.15
During meetings on grievances or arbitration sessions, the employee concerned and the employee representing the Union, if any, are given leave from work without loss of salary. Witnesses are also given leave, without loss of salary, for the time their presence is required by the arbitrator.
10.16
An employee who is on a joint committee composed of representatives designated by the government and/or the Employer, on the one hand, and the Union and/or employees, on the other, has the right to take time off work with no loss of salary to attend committee meetings and to do work required by the committee.
10.17
For purposes of attending meetings on local arrangements or local bargaining, the Employer gives leave, without loss of salary, to the employees designated by the Union.
| Number of employees | Number of employees given leave |
|---|---|
| 1 to 250 | 2 |
| 251 to 1,000 | 3 |
| 1,001 or more | 4 |
For purposes of preparing for sessions on local arrangements or local bargaining, these employees are entitled to one (1) day of preparation per day of bargaining.
10.18
An employee may obtain leave without pay to work full-time as a union representative. The Union must request such leave in writing at least thirty (30) days in advance and provide the Employer with details on the nature and likely duration of the absence.
1) Duration
If the leave does not involve an elected position, the duration of the leave without pay is a maximum of two (2) years. In the case of elective office, the leave without pay is automatically renewable from year to year, providing that the employee continues to hold elective office.
The parties agree that the position of the employee on leave without pay will not be posted for a maximum period of two (2) years.
2) Return
Thirty (30) days before the leave expires, the employee must notify the Employer of their return to work. If not, the employee is deemed to have voluntarily quit their job as of the date they went on leave from the institution.
3) Seniority
During such leave without pay, the employee retains and accumulates seniority.
4) Annual vacation leave
The Employer pays the employee concerned the vacation pay allowance corresponding to the days of annual vacation leave accumulated up until the date they left to act as union representative.
5) Sick leave
Sick leave accumulated at the time of the leave without pay is credited to the employee and cannot be cashed in, except for that which is cashed in annually under the disability insurance plan.
If, however, the employee terminates their employment or if, at the end of the leave without pay, they do not return to the Employer, all the sick leave may be cashed in at the rate in force at the time the employee’s leave without pay started, in accordance with the quantum and rules set out in the collective agreement in force at the time the employee’s leave without pay started.
6) Pension plan
During leave without pay, an employee’s pension plan is not adversely affected in any way if the employee returns to work within the authorized period. In such a case, the employee takes up where they left off with the pension plan at the time the leave began, subject to the stipulations of the Act respecting the Government and Public Employees Retirement Plan (CQLR, c. R-10).
7) Group insurance
An employee is no longer entitled to participate in the group insurance plan during leave without pay. Upon returning to work, the employee can be readmitted to the plan. However, subject to the provisions of clause 30.16, the employee’s participation in the basic health insurance plan is mandatory, and the entire cost of all the contributions and premiums required to ensure such participation must be paid by the employee alone.
An employee may continue to participate in the other insurance plans by paying the entire cost of all the contributions and premiums required to do so, subject to the clauses and stipulations of the insurance contract in force.
8) Exclusion
Except for the provisions of this clause, an employee is not entitled to the benefits of the collective agreement in force in the institution during leave without pay, just as if they were not employed by the institution, subject to the employee’s right to claim benefits acquired previously.
9) Rules for the return to work
An employee may return to their position with the Employer providing that the position still exists and providing that the employee notifies the Employer at least thirty (30) days in advance and has not left their work with the Union for another Employer.
In the event that the original position of the employee on leave without pay no longer exists, or if the employee has been absent for more than two (2) years, the employee may obtain a vacant or newly created position in accordance with the provisions of the collective agreement.
If there is no vacant position, the employee may use the provisions on the bumping and/or layoff procedure set out in this agreement.
An employee who fails to use these provisions is deemed to have voluntarily quit their job.
10.19
In the case of a part-time employee on paid leave for union activities, time on leave for union activities is considered for the purposes of establishing their disability insurance benefits, their parental rights-related allowances and, if applicable, their job-security allowance.
10.20
The reference period for the purposes of applying the quanta for union leave runs from April 1 to March 31.
10.21
All union leave for union activities covered by this Article, except for leave for internal activities agreed upon at least ten (10) days in advance, is granted providing that in the employee’s absence, the Employer can ensure the continuity of activities in the activity centre.