Letter or agreement no30 - Regarding the plan for family-work-study balance leave with salary averaging

1. DEFINITION

The plan for family-work-study balance leave with salary averaging is aimed at allowing an employee to average their salary over a defined period of time so as to take the leave for family- work-study balance provided for in Article 4.

The purpose of the plan is not to provide benefits in retirement or to defer income tax. This plan is not a prescribed plan under tax regulations.

This plan includes a period of contributions by the employee, on the one hand, and a period of leave on the other.

2. DURATION OF THE PLAN

The duration of the plan is six (6) or twelve (12) months, unless it is extended following the application of 7 g). The plan’s duration includes the period of leave.

3. DURATION OF THE LEAVE

The duration of the leave is from one (1) to eight (8) consecutive weeks, which cannot be split.

4. REASONS FOR USING THE PLAN
   1. Family reasons

An employee may apply for the plan when required to be present with their child or spouse, their spouse’s child, their father or mother, father’s or mother’s spouse, brother, sister or grandparent, because of:

• a serious illness or accident;
• end-of-life care;
• a death abroad;
• a severe handicap;
• another family situation on which the parties agree by local arrangement.

b. Study reasons

An employee can apply for the plan to complete a practical training placement in an institution in the health and social services system. 

The leave for study must be taken during the final weeks of the plan.

To apply for the plan, the employee must meet the eligibility conditions set out in Article 5 below.

5. ELIGIBILITY CONDITIONS

To be eligible for the plan, an employee must meet the following conditions:

1. hold a position;
2. have completed one (1) year of service;
3. apply in writing, specifying:
   • the duration of participation in the plan;
   • the duration of the leave;
   • the date on which the leave will be taken;
   • the reason pertaining to family-work-study balance as set out in Article 4.

These conditions must be agreed upon with the Employer and recorded in the form of a written contract that also includes the provisions of this plan.

4. provide a relevant supporting document for the application, corresponding to one of the reasons set out in Article 4;
5. not be on disability leave, leave related to parental rights, leave without pay, leave with deferred pay, work-time arrangements or a four (4)-day work schedule when the contract comes into effect.

6. RETURN

At the end of the leave, an employee may return to the position or assignment that they held when they went on leave, if the assignment is still on-going when they return.

An employee cannot unilaterally decide to end their leave in order to return to their position or assignment. However, the parties may agree, by local arrangement, on conditions for an early return to work by the employee, in which case the provisions of 7 l) apply.

In all cases, if the position that the employee held when they went on leave is no longer available, the bumping and/or layoff procedure set out in Article 14 of the collective agreement applies.
 

7. TERMS OF IMPLEMENTATION

1. Salary

For the duration of the plan, the employee receives a percentage of the salary on the applicable salary scale that they would receive if they were not participating in the plan, including, where applicable, responsibility premiums, supplements and additional remuneration provided for in Article 17 and Appendix 1. The applicable percentage is determined in accordance with the following table:

 

DURATION OF THE LEAVE	DURATION OF THE PLAN FOR FAMILY-WORK-STUDY LEAVE WITH SALARY AVERAGING
	Six (6) months	Twelve (12) months
One (1) week	96.2%	98.1%
Two (2) weeks	92.3%	96.2%
Three (3) weeks	88.5%	94.2%
Four (4) weeks	84.7%	92.3%
Five (5) weeks	80.8%	90.4%
Six (6) weeks	77.0%	88.5%
Seven (7) weeks	73.2%	86.6%
Eight (8) weeks	69.3%	84.7%

Providing the employee is normally entitled to them, other premiums are paid in accordance with the provisions of the collective agreement, just as if the employee were not participating in the plan. For the duration of the leave, however, the employee is not entitled to these premiums.

During the leave, the employee cannot receive any other remuneration from the Employer.

2. Pension plan

During a leave of thirty (30) days or less, the employee continues to participate in the pension plan.

In the case of leave of more than thirty (30) days, the employee may continue to participate in the pension plan if they pay all the contributions required.

For the duration of the plan, the employee's contributions to the pension plan are calculated on the basis of the salary that they would have received if they were not participating in the plan for family-work-study balance leave with salary averaging, and the employee’s service and pensionable earnings are accordingly recognized for the period during which they participate in the pension plan.

3. Seniority

During the leave, an employee retains and accumulates seniority.
 

4. Annual vacation leave

During the leave, an employee is deemed to accumulate service for annual vacation leave purposes.

For the duration of the plan for family-work-study balance leave with salary averaging, annual vacation leave is remunerated at the percentage of salary set out in 7 a).

The employee is deemed to have taken the annual quantum of paid vacation leave to which they are entitled, prorated to the duration of the family-work-study leave.

5. Sick leave

During the leave, an employee is deemed to accumulate days of sick leave.

For the duration of the plan for family-work-study balance leave with salary averaging, days of used or unused sick leave are remunerated in accordance with the percentage set out in 7 a).

6. Disability insurance

If a disability occurs during the plan for family-work-study balance leave with salary averaging, the following provisions apply:

1. If the disability occurs during the leave, it is deemed not to have occurred. If the employee is still disabled at the end of the leave, after exhausting the waiting period, they receive disability insurance benefits equal to 80% of the percentage of their salary as set out in 7 a), in accordance with the provisions of clause 30.19 of the collective agreement. If the contract ends while the employee is still disabled, full disability insurance benefits apply.
2. If the disability occurs before the leave is taken, after exhausting the waiting period, the employee receives disability insurance benefits equal to 80% of the percentage of their salary as set out in 7 a), in accordance with the provisions of clause 30.19 of the collective agreement. If the employee is still disabled on the date the leave is scheduled to begin, however, this amounts to withdrawing from the plan, and the provisions of 7 l) apply.
3. If the disability occurs after the leave, the employee, after exhausting the waiting period, receives disability insurance benefits equal to 80% of the percentage of their salary as set out in 7 a), in accordance with the provisions of clause 30.19 of the collective agreement. If the employee is still disabled at the end of the plan for family-work-study balance leave with salary averaging, they then receive their full disability insurance benefits.

7. Leave without pay or absence without pay

If the total number of days of leave without pay or absence without pay is five (5) days or less during the plan for family-work-study balance leave with salary averaging, the employee’s participation in the plan is extended by as many days as there are days of leave without pay or absence without pay during this period.

If the total number of days of leave without pay or absence without pay is more than five (5) days during the plan, this situation results in withdrawal from the plan, and the provisions of 7 l) apply.

8. Leave with pay

For the duration of the plan, leave with pay not provided for in the Letter of Agreement is paid in accordance with the percentage of salary set out in 7 a).

Leave with pay that occurs during the family-work-study balance leave with salary averaging is deemed to have been taken.

9. Floating days off

During the leave, an employee is deemed to accumulate service for the purposes of floating days off.

For the duration of the plan for family-work-study balance leave with salary averaging, floating days off are remunerated at the percentage of salary set out in 7 a).

10. Maternity, paternity, or adoption leave, or protective leave or re-assignment

If an employee takes maternity, paternity or adoption leave or protective leave during the period of the plan for family-work-study balance leave with salary averaging, such leave results in withdrawal from the plan, and the provisions of 7 l) apply.

11. Layoff

If the employee is laid off, the contract is terminated on the date of the layoff and the provisions of 7 l) apply.

If, however, the employee has job security under clause 15.03, they continue to participate in the plan for family-work-study balance leave with salary averaging as long as they remain employed. If that is not the case, the contract is terminated on the date on which employment ends, and the provisions of 7 l) apply.

12. Breach of contract due to termination of employment, retirement, withdrawal or death

1. 1. If the leave has been taken, the employee must reimburse, without interest, the salary received during the leave, prorated to the time left in the plan in relation to the period of contributions.
   2. If the leave has not been taken, the employee is reimbursed, without interest, an amount equal to the contributions retained on their salary up until the time of the breach of contract.
       
   3. If the leave is in progress, the amount owed by either party is calculated as follows: the amount received by the employee during the leave minus the amounts already deducted from the employee’s earnings in fulfilment of the contract. If the balance is negative, the Employer reimburses it to the employee (without interest); if the balance is positive, the employee reimburses it to the Employer (without interest).

13. Dismissal

If the employee is dismissed during the plan, the contract ends on the effective date of the dismissal. The conditions set out in 7 l) apply.

14. Recovery of amounts owed

In the event of a breach of contract, the amounts owed are payable within ten (10) days of being claimed. Furthermore, if the employee owes amounts to the Employer, the latter may recover the amounts owed from the employee’s final pay. If the final pay is insufficient to cover the amounts owed, the balance becomes a debt payable in full by the employee or the employee’s heirs within ten (10) days of notification of the Employer’s claim being sent to the employee’s last known address. Failing payment, interest at the legal rate is then due.

The parties may, by local arrangement, modify the conditions for recovery in this paragraph.

15. Part-time employee

An employee holding a part-time position may apply for the plan for family-work-study balance leave with salary averaging for family or study reasons as defined in Article 4. The leave must, however, be taken during the final weeks of the plan.

The salary that a part-time employee receives during the leave will be established on the basis of the average number of hours worked, excluding overtime, during their contributions period as set out in the plan.

The fringe benefits set out in clauses 38.03 and 38.04 of the collective agreement are calculated and paid on the basis of the percentage of salary set out in 7 a).

16. Change of status

An employee whose status changes during a plan for family-work-study leave with salary averaging may choose one of the following two (2) options:

1. the employee may terminate the contract, on the conditions set out in 7 l);
2. the employee may continue the plan for family-work-study balance leave with salary averaging, and then be treated as a part-time employee.
    

However, a full-time employee who becomes a part-time employee after taking their leave is deemed to remain full-time for the purposes of determining their contribution to the plan for family- work-study balance leave with salary averaging.

17. Group insurance plans

During leave of no more than thirty (30) days, subject to the provisions of clause 30.16 of the collective agreement, an employee continues to benefit from the basic life insurance plan and continues to participate in the insured plans by paying the contributions and premiums required for this as if they were not participating in the plan for family-work-study balance leave with salary averaging, subject to the clauses and stipulations of the insurance contract in force.

During leave of more than thirty (30) days, an employee continues to benefit from the basic life insurance plan and may continue to participate in the insured plans by paying all the required contributions and premiums by themselves, subject to the clauses and stipulations of the insurance contract in force. However, subject to the provisions of clause 30.16 of the collective agreement, the employee’s participation in the basic health insurance plan is mandatory, and they must pay the total contributions and premiums required for this.

Regardless of the duration of the family-work-study leave with salary averaging, during the plan, the insurable salary is that set out in 7 a). By paying the applicable additional premiums, however, the employee may maintain the insurable salary on the basis of the salary that would be paid if they were not participating in the plan.

18. Voluntary transfers

The employee may apply for and obtain a position in accordance with the provisions of the collective agreement, providing that the time left in their leave is such that they can begin work within thirty (30) days of being appointed to the position.

8. REQUALIFICATION FOR A PLAN FOR FAMILY-WORK-STUDY LEAVE WITH SALARY AVERAGING

For an employee to apply again for a plan for family-work-study balance leave with salary averaging, the following two (2) conditions, in addition to the provisions in Articles 4 and 5, must be met:

1. the employee must not have taken more than thirty (30) days of leave without pay within the meaning of clause 26.01 of the collective agreement, in the twelve (12) months preceding the new application;
2. twelve (12) months must have gone by since the end of the last family-work-study leave with salary averaging.

The parties may, by local arrangement, modify clauses 1 or 2 of this Article.