ARTICLE 26 - SPECIAL LEAVES

26.02 - Special Leave**

26.03 - Family Illness Leave

26.04 - Full-time Union Duties

26.05 - Time Off for Union Business

26.06 - Reimbursement of Costs for Union Business

26.08 - Elections

26.09 - Political Activity and Public Office

26.10 - General Leave

26.11 - Deferred Salary Leave Plan

 

26.01 - Bereavement Leave

(a) In the case of bereavement leave in the immediate family, an employee shall be entitled to special leave, at his/her regular pay, from the date of death up to and including the day of the funeral with, if necessary, an allowance for immediate return traveling time. Such leave shall not exceed five working days and shall not be granted if the employee is on leave of absence without pay unless the leave of absence has been granted to the employee on compassionate grounds involving an illness of the relative who dies and for whom the bereavement leave is granted.

 

(b) "Immediate family" is defined as an employee's parent, spouse, child, legal ward, brother, sister, father-in-law, mother-in-law, grandparent, grandchild or any other relative permanently residing in the employee's household or with whom the employee permanently resides. With respect to the above, it shall not be necessary to attend the funeral.

 

(c) In the event of the death of the employee’s son-in-law, daughter-in-law, brother-in-law or sister-in-law, the employee shall be entitled to special leave for one day at regular pay for the purpose of attending the funeral.

 

(d) If an employee is on vacation leave at the time of bereavement, the employee shall be granted bereavement leave and be credited the appropriate number of days to vacation leave credits.

 

26.02 - Special Leave**

(a) An employee not on leave of absence without pay, except under clause 26.05 of this Agreement, shall be entitled to special leave at his/her regular pay for the following:

1. Marriage of the employee                                                                           three working days

2. Attend wedding of the employee’s child                                                 one day

3. Birth or adoption of employee’s child (September 15, 2000)                 two days

4. Serious household or domestic emergency                                             one day

5. Moving household furniture and effects                                                 one day

6. Attend his/her formal hearing to become a Canadian Citizen           one day

7. Attend funeral as pall-bearer or mourner                                                 one day

8. Court appearance for hearing of employee’s child                                one day

9. Volunteer firefighter or certified first responder to an emergency as required

 

(b) Two weeks’ notice, in writing, is required for leave under 1., 2., and 5. above.

 

(c) Requests for leave under 3., 4., 7. and 8. above shall be submitted in writing upon the employee's return to work and shall include adequate reasons for the absence. It is understood that the onus of proof rests with the employee. Leave under these clauses shall not be granted failing such proof. For the purpose of 4. above, "serious household or

domestic emergency" is defined as an unanticipated urgent or accidental event in the employee's household which affects the safety and/or health of the family members, and which reasonably only the employee can attend to, or which otherwise would result in excessive costs, risk or threat to the household.

 

(d) For the purpose of determining eligibility for special leave under 5. above, an employee shall qualify if s/he is maintaining a self-contained household and if s/he is changing his/her place of residence which necessitates the moving of household furniture and effects during his/her normal working-hours, and if s/he has not already qualified for special leave under 5. above on one occasion within the preceding 12 months.

 

(e) Special leave is for the day of the event, except in the case of marriage of the employee. If the marriage occurs on a scheduled day of work, the employee shall be entitled to the day of the ceremony and two additional working days; otherwise, the employee is entitled to three working days. Special leave for the marriage must be taken on the working days as close as possible to the day of the ceremony, subject to the right of the employee to take the leave either side of the day of the ceremony. For live-aboard vessels, employees who take special leave for a marriage under this clause shall not be entitled to the two days’ travel leave for the marriage provided in clause 29.09.

 

26.03 - Family Illness Leave

(a) If an immediate family member, as defined in clause 26.01 is ill or hospitalized, an employee shall be entitled to two days’ paid leave at his/her regular pay any one time for this purpose.

 

(b) The maximum length specified for each circumstance shall not be exceeded; however, the leave may be granted more than once for the same circumstance within a calendar year, providing the total family illness leave plus leave granted under special leave does not exceed ten working days per calendar year, unless additional special leave is approved by

the Employer.

 

26.04 - Full-time Union Duties

(a) The Employer shall grant, on written request, leave of absence without pay for employees selected for a full-time position with the Union or an affiliate of the Union. On returning, the employee shall be eligible to return to his/her former position with the Employer at the point of assembly nearest his/her residence.

 

(b) Further, the employee shall be permitted to transfer laterally from the point of assembly nearest his/her residence or go directly to another point of assembly, if a vacancy exists in the appropriate classification. This option is limited to two years from the date the employee becomes eligible to return to work.

 

(c) Where an employee elects to transfer to another point of assembly, there shall be no additional cost to the Employer.

26.05 - Time Off for Union Business

(a) Time off for union business as specified below shall be granted by the Employer provided the Union has applied for the leave 14 days in advance.

1. Without Pay - Leave of absence without pay and without loss of seniority shall be granted for union business.

2. With Pay - Leave of absence with regular pay and without loss of seniority shall be granted:

                        i) For up to ten employees on a bargaining committee to carry on negotiations with the Employer;

                       ii) To shop stewards or their alternates to perform their duties as shop stewards.

 

(b) Leave of absence granted under this clause shall include sufficient travel time.

 

26.06 - Reimbursement of Costs for Union Business

I. Without Pay

(a) In the event an employee on leave of absence without pay would have substituted on the day of the Union leave, the applicable substitution costs shall be calculated.

 

(b) The Union shall not be required to reimburse overtime costs provided the Union has given three months’ advance notice to the Employer.

 

(c) Where overtime or substitution costs are applicable, the Union shall be advised of the costs and may withdraw the application for leave.

 

(d) Where the application for leave is not withdrawn, the applicable overtime costs shall be billed to the Union.

 

II. With Pay

(a) In the event an employee on leave of absence with regular pay would have substituted on the day of the Union leave, the applicable substitution costs shall be billed to the Union.

 

(b) Reimbursement, in accordance with I. and II. above, shall be no later than the end of the month following the month in which the statement of costs was received.

 

26.07 - Leave for Court Appearance

(a) The Employer shall grant leave with regular pay, including sufficient time to travel, to employees, other than employees on leave without pay, who serve as jurors or witnesses in a court action, provided such court action is not occasioned by the employee's private affairs.

 

(b) In cases where an employee's private affairs have occasioned a court appearance, such leave to attend a court shall be without pay.

 

(c) An employee in receipt of his/her regular pay while serving at court shall remit to the Employer all monies paid to him/her by the court, except traveling and meal expenses not reimbursed by the Employer.

 

(d) Time spent at court by an employee in his/her official capacity shall be at his/her regular pay.

 

(e) Court actions arising from employment, requiring attendance at court, shall be with regular pay.

 

(f) In the event an accused employee is jailed pending a court appearance, such leave of absence shall be without pay.

 

(g) If an employee is required to attend at court under (d) and (e) above on a day of rest, his/her schedule shall be changed in accordance with clause 17.05(b) and the day off shall be taken at a mutually agreeable time.

 

26.08 - Elections

(a) Any employee eligible to vote in a Federal or Provincial election shall have four consecutive clear hours during the hours in which the polls are open in which to cast his/her ballot.

 

(b) Any employee eligible to vote in Municipal elections or referenda shall make every effort to vote on his/her own time on election day or in advance polls. An employee who can demonstrate that s/he is unable to vote because s/he is working shall have four hours clear of work to cast his/her ballot.

 

26.09 - Political Activity and Public Office

(a) Municipal and School Board Offices - Employees may seek election to municipal and school board offices, provided that:

1. the duties of the municipal or school board office other than regular council or board meetings do not impinge on normal working-hours as an employee of the British Columbia Ferry Corporation;

2. there is no conflict of interest between the duties of the municipal or school board office and the duties of the Corporation position. Where Municipal Council or School Board meetings are held during the employee’s normal working hours, the Employer shall grant leave without pay to attend such meetings, provided a qualified relief is

available.

 

(b) Federal and Provincial Offices - There are no restrictions on employees engaging in political activities on their own time as campaign workers. If an employee is nominated as a candidate for election, the employee shall be granted leave without pay to engage in the election campaign.

 

(c) Election to Public Office - The Employer shall grant, on written request, leave of absence without pay for employees elected to a public office for a maximum period of five years. On returning, the employee shall be eligible for the first available vacancy within the Corporation at the point of assembly nearest his/her residence.

 

26.10 - General Leave

(a) The Employer shall grant leave of absence without pay to an employee provided a qualified relief is available. The employee must first have exhausted all compensatory time-off credits.

 

(b) General leave shall not be granted to allow an employee to work for another employer, become self-employed, or upgrade education skills which are intended solely to qualify the employee for employment outside of the British Columbia Ferry Corporation.

 

26.11 - Deferred Salary Leave Plan

(a) Regular employees may participate in the plan.

 

(b) Regular employees must apply to their Divisional Vice President for approval to participate in the plan. Plan participants:

1. May defer a minimum of 10% to a maximum of 33.33% of their gross monthly regular pay.

2. Must select the number of months over which they will defer salary at the time of application. The overall deferral period cannot be less than one year, and cannot exceed six years.

3. Must declare the dates of the leave period. The leave period will be a minimum of six consecutive months and a maximum of twelve consecutive months.

4. Must complete both the deferral and leave period within a seven-year time frame.

5. May request approval to increase the percentage of contribution once per year, to a maximum of 33.33% of gross regular monthly pay.

 

(c) In the event of financial hardship, and with the approval of the Divisional Vice President, participants may apply to change the amount of pay deferred, but it may not be reduced to less than 10% of gross monthly regular pay.

 

(d) A participant may apply to cancel from the plan in the event of:

1. Extreme financial hardship;

2. Extreme personal difficulty;

3. Total and permanent disability;

4. Transfer or promotion to a position where participation is not approved.

 

(e) Participants will continue to accrue service and group seniority during the period of leave.

 

(f) The leave period may be delayed by mutual agreement between the parties.

 

(g)

1. An employee who elects to maintain coverage for medical, extended health, dental, group life or the Long Term Disability Plan must submit the employee's share of the premium in advance of the leave of absence. As of November 1, 1995, the Employer will continue to cover its share of premiums.

2. Rules and regulations governing Income Tax, Canada Pension, Employment Insurance and Superannuation will apply.

 

(h) In the event that deferred leave is not taken under (d) above, all monies, plus interest accrued, will be paid to the employee in a lump sum payment.

 

(i) Where an illness or injury occurs during a period of leave under this plan which prevents the employee from returning to work on the scheduled day of return the Short Term Plan shall be effective from the date of disability due to illness or injury and benefits shall be paid for the balance of the six month period remaining from the scheduled date of return to work.

 

(j) On return from leave, a participant will return to his/her former position, or a position of equal rank and pay, and must return to work for a period not less than the period of leave. The Deferred Salary Leave Plan cannot serve as an early retirement benefit.