Central Table Tentative Agreement

PIPSC Central Table

Tentative Agreement

May 22, 2019

May 22, 2019 13h00

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EMPLOYER COMPREHENSIVE OFFER TO SETTLE OUTSTANDING

COLLECTIVE BARGAINING ISSUES

WITH THE

PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA

AND

THE TREASURY BOARD SECRETARIAT OF CANADA

IN RESPECT OF THE COMMON TABLE NEGOTIATIONS:

APPLIED SCIENCE AND PATENT EXAMINATION (SP) GROUP

ARCHITECTURE, ENGINEERING AND LAND SURVEY (NR) GROUP

AUDIT, COMMERCE AND PURCHASING (AV) GROUP

COMPUTER SYSTEMS (CS) GROUP

HEALTH SERVICES (SH) GROUP

RESEARCH (RE) GROUP

The Employer proposes this comprehensive offer to settle, contingent upon agreeing to the following items:

1. Increases to the rate of pay, as identified in Annex A.

2. Duration – four (4) year agreements.

3. Amendments to the following, as identified in Annex B:

Retroactivity and Implementation
Workforce Adjustment
Leave for Labour Relations Matters - Memorandum of Agreement with Respect to Implementation of Union Leave (including CS clause 29.11 and Appendix “J”)
Changes to Maternity and Parental Leave Without Pay and Parental Allowance
Designated Paid Holidays (value of day 7.5 hours)
Caregiving Leave
Domestic Violence Leave
Memorandum of Understanding on Gender Inclusive Language
Memorandum Of Understanding between the Treasury Board Of Canada and the Professional Institute of the Public Service of Canada with Respect to Workplace Harassment
Memorandum Of Understanding between the Treasury Board and the Professional Institute of the Public Service of Canada in Respect of the Common Pay Administration
EWSP (to include the EWSP MOU)
RCMP (to include the RCMP MOU)

4. The following item agreed to and signed during the course of negotiations remain agreed to and forms part of this comprehensive offer (Annex C):

Union Dues – Other Deductions

5. The Employer and the Professional Institute of the Public Service of Canada agree to withdraw all remaining items not modified by mutual agreement in relation to the following articles, and agree that they will not be further discussed at the AV, CS, NR, RE, SH and SP bargaining tables:

Designated Paid Holidays
Leave and Benefits for Critical Illness and Compassionate Care
Maternity leave and benefits
Parental leave and benefits
Non-Birthing Parent (Parenting) leave and benefits
Harassment
Pay Administration
Duration
Economic Increase
Retroactivity
Implementation
Pay Simplification
Workforce Adjustment

6. The parties agree that these amendments will be incorporated in the AV, CS, NR, RE, SH and SP tentative settlements, upon conclusion of such settlements.

7. Unless otherwise agreed between the parties during negotiations, existing provisions in the AV, CS, NR, RE, SH and SP collective agreements are renewed.

8. The parties recognize that this agreement is conditional upon concluding agreements in other fora on the following matters:

a renewed Employee Wellness Support Program MOU;
agreement on transitions measures -- or a renewed Memorandum of Understanding -- related to civilian members (RCMP);
Leave for Labour Relations Matters (union leave with cost recovery).

This offer remains valid only for groups that conclude tentative agreements before the issuance of a writ of election, and will remain confidential until tentative agreements are concluded.

Annex A

Appendix A

Rates of Pay

The Employer proposes to implement the following economic increases in accordance with Appendix “XX” – Memorandum of Understanding between the Treasury Board of Canada and the Professional Institute of the Public Service of Canada with Respect to Implementation of the Collective Agreement found at annex B hereto.

Amounts in respect of the period prior to the implementation date will be paid as a retroactive payment, in accordance with Appendix “XX” – Memorandum of Understanding between the Treasury Board of Canada and the Professional Institute of the Public Service of Canada with Respect to Implementation of the Collective Agreement found at annex B hereto. Subsequently, amounts will be provided as increases to rates of pay.

Year 1 - increase to rates of pay: 2%
Year 2 - increase to rates of pay: 2%
Year 3 - increase to rates of pay: 1.5%
Year 4 - increase to rates of pay: 1.5%

Effective date of each PIPSC agreement:

AV: June 22, 2018
CS: December 22, 2018
NR: October 1, 2018
RE: October 1, 2018
SH: October 1, 2018
SP: October 1, 2018

Annex B

NEW APPENDIX “XX”

MEMORANDUM OF UNDERSTANDING BETWEEN THE TREASURY BOARD OF CANADA AND THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA WITH RESPECT TO IMPLEMENTATION OF THE COLLECTIVE AGREEMENT

Notwithstanding the provisions of clause XX.XX* on the calculation of retroactive payments and clause XX.XX** on the collective agreement implementation period, this memorandum is to give effect to the understanding reached between the Employer and the Professional Institute of the Public Service of Canada regarding a modified approach to the calculation and administration of retroactive payments for the current round of negotiations.

1. Calculation of retroactive payments

a. Retroactive calculations that determine amounts payable to employees for a retroactive period shall be made based on all transactions that have been entered into the pay system up to the date on which the historical salary records for the retroactive period are retrieved for the calculation of the retroactive payment.

b. Retroactive amounts will be calculated by applying the relevant percentage increases indicated in the collective agreement rather than based on pay tables in agreement annexes. The value of the retroactive payment will differ from that calculated using the traditional approach, as no rounding will be applied. The payment of retroactive amount will not affect pension entitlements or contributions relative to previous methods, except in respect of the rounding differences.

c. Elements of salary traditionally included in the calculation of retroactivity will continue to be included in the retroactive payment calculation and administration, and will maintain their pensionable status as applicable. The elements of salary included in the historical salary records and therefore included in the calculation of retroactivity include:

Substantive salary
Promotions
Deployments
Acting pay
Extra duty pay/Overtime
Additional hours worked
Maternity leave allowance
Parental leave allowance
Vacation leave and extra duty pay cash-out
Severance pay
Salary for the month of death
Transition Support Measure
Eligible allowances and supplemental salary depending on collective agreement

d. The payment of retroactive amounts related to transactions that have not been entered in the pay system as of the date when the historical salary records are retrieved, such as acting pay, promotions, overtime and/or deployments, will not be considered in determining whether an agreement has been implemented.

e. Any outstanding pay transactions will be processed once they are entered into the pay system and any retroactive payment from the collective agreement will be issued to impacted employees.

2. Implementation

a. The effective dates for economic increases will be specified in the agreement. Other provisions of the collective agreement will be effective as follows:

i. All components of the agreement unrelated to pay administration will come into force on signature of agreement.

ii. Changes to existing compensation elements such as premiums, allowances, insurance premiums and coverage and changes to overtime rates will become effective within one-hundred and eighty (180) days after signature of agreement, on the date at which prospective elements of compensation increases will be implemented under 2(b)(i).

iii. Payment of premiums, allowances, insurance premiums and coverage and overtime rates in the collective agreement will continue to be paid until changes come into force as stipulated in 2(a)(ii).

b. Collective agreement will be implemented over the following timeframes:

i. The prospective elements of compensation increases (such as prospective salary rate changes and other compensation elements such as premiums, allowances, changes to overtime rates) will be implemented within one-hundred and eighty (180) days after signature of agreement where there is no need for manual intervention.

ii. Retroactive amounts payable to employees will be implemented within one-hundred and eighty (180) days after signature of the agreement where there is no need for manual intervention.

iii. Prospective compensation increases and retroactive amounts that require manual processing by compensation advisors will be implemented within five-hundred and sixty (560) days after signature of agreement. Manual intervention is generally required for employees on an extended period of leave without pay (e.g., maternity/parental leave), salary protected employees and those with transactions such as leave with income averaging, pre-retirement transition leave and employees paid below minimum, above maximum or in between steps. Manual intervention may also be required for specific accounts with complex salary history.

3. Employee Recourse

a. An employee who is in the bargaining unit for all or part of the period between the first day of the collective agreement (i.e., the day after the expiry of the previous collective agreement) and the signature date of the collective agreement will be entitled to a non-pensionable amount of four hundred dollars ($400) payable within one-hundred and eighty (180) days of signature, in recognition of extended implementation timeframes and the significant number of transactions that have not been entered in the pay system as of the date when the historical salary records are retrieved.

b. Employees in the bargaining unit for whom the collective agreement is not implemented within one-hundred and eighty one (181) days after signature will be entitled to a fifty dollar ($50) non-pensionable amount; these employees will be entitled to an additional fifty dollar ($50) non-pensionable amount for every subsequent complete period of ninety (90) days their collective agreement is not implemented, to a total maximum of nine (9) payments. These amounts will be included in their final retroactive payment. For greater certainty, the total maximum amount payable under this paragraph is four hundred and fifty dollars ($450).

c. If an employee is eligible for compensation in respect of section 3 under more than one collective agreement, the following applies: the employee shall receive only one non-pensionable amount of four hundred dollars ($400); for any period under 3(b), the employee may receive one fifty $50 payment, to a maximum total payment of four hundred and fifty dollars ($450).

d. Should the Employer negotiate higher amounts for 3(a) or 3(b) with any other bargaining agent representing Core Public Administration employees, it will compensate PIPSC members for the difference in an administratively feasible manner.

e. Late implementation of the 2018 collective agreements will not create any entitlements pursuant to the Agreement between the CPA Bargaining Agents and the Treasury Board of Canada with regard to damages caused by the Phoenix Pay System.

f. Employees for whom collective agreement implementation requires manual intervention will be notified of the delay within one-hundred and eighty (180) days after signature of the agreement.

g. Employees will be provided a detailed breakdown of the retroactive payments received and may request that the departmental compensation unit or the Public Service Pay Centre verify the calculation of their retroactive payments, where they believe these amounts are incorrect. The Employer will consult with the Institute regarding the format of the detailed breakdown.

h. In such a circumstance, for employees in organizations serviced by the Pay Centre, they must first complete a Phoenix feedback form indicating what period they believe is missing from their pay.

*AV: 45.05; CS: 47.03; NR: 46.06; RE: 45.06; SH: 45.06; SP: 46.06

**AV: 48.03; CS: 49.03; NR: 48.03; RE: 47.03; SH: 52.03; SP: N/A

APPENDIX E – WORKFORCE ADJUSTMENT

**Specific sections to be amended are noted as follows**

References:

Federal Public Sector ~~Service~~ Labour Relations Act

Part VI: options for employees

6.2 Voluntary programs

The Voluntary Departure Program supports employees in leaving the public service when placed in affected status prior to entering a Selection of Employees for Retention or Layoff (SERLO) process, and does not apply if the deputy head can provide a guarantee of a reasonable job offer (GRJO) to affected employees in the work unit.

6.2.1 Departments and organizations shall establish internal voluntary departure programs for all workforce adjustment situations in which the workforce will be reduced and that involves ~~involving~~ five (5) or more affected employees working at the same group and level within the same work unit and where the deputy head cannot provide a guarantee of a reasonable job offer.

Part VII: special provisions regarding alternative delivery initiatives

7.2 General

7.2.2 (a)(ii) the Directive on Terms and Conditions of Employment, the terms of the collective agreement referred to therein and/or the applicable compensation plan will continue to apply to unrepresented and excluded employees until modified by the new employer or by the ~~PSLREB~~ FPSLREB pursuant to a successor rights application;

ARTICLE 17
MATERNITY AND PARENTAL LEAVE WITHOUT PAY – CHANGES USING SP GROUP PROVISIONS

MODIFICATIONS

The revised collective agreement provisions are included at annex D.

17.04 Maternity allowance

Definition of employer: Schedules I, IV and V;

We suggest to insert the definition in 17.04 a) iii) A. for consistency purposes;

17.06 Parental Leave without Pay

Standard parental leave of 37 weeks within 52 weeks (17.07 a));

Extended parental leave of 63 weeks within 78 weeks for E.I. and QPIP;

Choice of the standard or extended leave is irrevocable once made; but the leave can be shortened;

17.07 Parental Allowance

Under E.I., Choice between standard or extended benefit;
Decision on the standard or extended allowance is irrevocable once made;
Definition of employer: Schedules I, IV and V
We suggest to insert the definition in 17.07 a) iii) A. for consistency purposes;
Duration/formula for reimbursement when not returning to work or partially returning to work after a parental leave should be proportional to the allowance received;
Under QPIP, where the employees:
- have shared the parental leave and have received thirty-two (32) weeks of parental benefit and five (5) weeks of paternity benefit, or
- have shared thirty-seven (37) weeks of adoption benefits,

And either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of up to two (2) weeks, ninety-three per cent (93%) of the employee taking the leave’s weekly rate of pay and the recruitment and retention “terminable allowance” for each week, less any other monies earned during this period;

Under E.I., where the employees have shared the parental leave and have received forty (40) weeks of parental benefit and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of one (1) week, ninety-three per cent (93%) of the employee taking the leave’s weekly rate of pay and the recruitment and retention “terminable allowance” 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 17.04 c) iii) for the same child.
Under Option 1, the maximum combined shared maternity and standard parental, allowances payable under this collective agreement shall not exceed fifty-seven (57) weeks for each combined maternity and parental leave without pay.
Extended parental allowance at 55.8% while in reception of E.I. benefits;
Waiting weeks and extra week at 55.8%;
To qualify for the extra week, the employee has taken the full 61 weeks or for a couple 69 weeks;
Under option 2, the maximum combined shared maternity and extended parental allowances payable under this collective agreement shall not exceed eight-six (86) weeks for each combined maternity and parental leave without pay.

ARTICLE 12

DESIGNATED PAID HOLIDAYS

AV, NR and SP:

12.01 Subject to clause 12.02 below, the following days shall be designated paid holidays for employees:

a. New Year’s Day,

b. Good Friday,

c. Easter Monday,

d. the day fixed by proclamation of the Governor in Council for celebration of the Sovereign’s birthday,

e. Canada Day,

f. Labour Day,

g. the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,

h. Remembrance Day,

i. Christmas Day,

j. Boxing Day,

k. one additional day in each year that, in the opinion of the Employer, is recognized to be a provincial or civic holiday in the area in which the employee is employed or in any area where, in the opinion of the Employer, no such day is recognized as a provincial or civic holiday, the first (1st) Monday in August,
and

l. one additional day when proclaimed by an act of Parliament as a National Holiday.

For greater certainty, employees who do not work on a Designated Paid Holiday are entitled to seven decimal five (7.5) hours pay at the straight-time rate.

CAREGIVING LEAVE

AV: 17.09 - Leave without pay for the care of immediate family

~~g. Compassionate care~~

i. Notwithstanding the definition of “family” found in paragraph 2.01, and notwithstanding paragraph 17.09 (b) above, an employee who provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) Compassionate Care Benefits may be granted leave for periods of less than three (3) weeks while in receipt or awaiting these benefits.

ii. Leave granted under this clause may exceed the five (5) year maximum provided in paragraph 17.09 (c) above only for the periods where the employee provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) Compassionate Care Benefits.

~~iii. When notified, an employee who was awaiting benefits must provide the Employer with poof that the request for Employment Insurance (EI) Compassionate Care Benefits has been accepted.~~

~~iv. When an employee is notified that their request for Employment Insurance (EI) Compassionate Care Benefits has been denied, subparagraphs 17.09 (g)(i) and 17.09 (g)(ii) above cease to apply.~~

(New)

17.10 Caregiving Leave

a. An employee who provides the Employer with proof that he or she is 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 described in 17.10(a) 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, an employee 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 an employee 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, clause 17.10(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.

Renumber accordingly

CS: 17.09 - Leave without pay for the care of immediate family

~~Compassionate care leave~~

f. Notwithstanding paragraphs 17.09 (a) and 17.09 (b) above, an employee who provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) Compassionate Care Benefits may be granted leave for periods of less than three (3) weeks while in receipt or awaiting these benefits.

g. Leave granted under this clause may exceed the five (5) year maximum provided in paragraph (b) above only for the periods where the employee provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) Compassionate Care Benefits.

~~h. When notified, an employee who was awaiting benefits must provide the Employer with proof that the request for Employment Insurance (EI) Compassionate Care Benefits has been accepted.~~

~~i. When an employee is notified that their request for Employment Insurance (EI) Compassionate Care Benefits has been denied, paragraphs (f) and (g) above cease to apply.~~

(New)

17.10 Caregiving Leave

Renumber accordingly

NR: 17.09 - Leave without pay for the care of immediate family

~~g. Compassionate care~~

~~iii. When notified, an employee who was awaiting benefits must provide the Employer with poof that the request for Employment Insurance (EI) Compassionate Care Benefits has been accepted.~~

~~iv. When an employee is notified that their request for Employment Insurance (EI) Compassionate Care Benefits has been denied, subparagraphs 17.09 (g)(i) and 17.09 (g)(ii) above cease to apply.~~

(New)

17.10 Caregiving Leave

Renumber accordingly

RE: 18.11 - Leave without pay for the care of immediate family

f. Notwithstanding paragraph 18.11(b) and sub-paragraph 18.11(c)(ii) above, an employee who provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) Compassionate Care Benefits may be granted leave for periods of less than three (3) weeks while in receipt or awaiting these benefits.

g. Leave granted under this clause may exceed the five (5) year maximum provided in subparagraphs 18.11(c)(iii) above only for the periods where the employee provides the Employer with proof that he or she is in receipt of or awaiting Employment (EI) Compassionate Care Benefits.

(New)

18.12 Caregiving Leave

b. The leave without pay described in 18.12(a) 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.

Renumber accordingly

(New)

17.10 Caregiving Leave

Renumber accordingly

SP: 17.09 - Leave without pay for the care of immediate family

f. Notwithstanding paragraphs 17.09(b) and 17.09(c)(ii) above, an employee who provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) Compassionate Care Benefits may be granted leave for periods of less than three (3) weeks while in receipt or awaiting these benefits.

g. Leave granted under this clause may exceed the five (5) year maximum provided in paragraph (c) above only for the periods where the employee provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) Compassionate Care Benefits.

(New)

17.10 Caregiving Leave

Renumber accordingly

ARTICLE 17

LEAVE WITH OR WITHOUT PAY FOR OTHER REASONS

AV: 17.XX Domestic Violence Leave

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

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

b. Upon request, an employee 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 employee has or had an intimate relationship shall be granted domestic violence leave in order to enable the employee, 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 article 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 an employee’s return to work, request the employee to provide documentation to support the reasons for the leave. The employee shall provide that documentation only if it is reasonably practicable for them to obtain and provide it.

e. Notwithstanding clauses 17.XX(b) to 17.XX(c), an employee is not entitled to domestic violence leave if the employee is charged with an offence related to that act or if it is probable, considering the circumstances, that the employee committed that act.

CS, NR, SH and SP: Article 17

RE: Article 18

NEW APPENDIX “XX”

MEMORANDUM OF UNDERSTANDING BETWEEN THE TREASURY BOARD OF CANADA AND THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA WITH RESPECT TO GENDER INCLUSIVE LANGUAGE

This memorandum is to give effect to the agreement reached between the Treasury Board of Canada and the Professional Institute of the Public Service of Canada regarding the review of language in the AV, CS, NR, RE, SH and SP collective agreements.

Both parties are committed to and support gender neutrality and inclusivity. To that end, the parties commit to, during the life of the above noted collective agreements, establishing a Joint Committee to review the collective agreements to identify opportunities to render the language more gender inclusive. The parties agree that any changes in language will not result in changes in application, scope or value.

Both parties acknowledge that gender inclusivity is more difficult to achieve in the French language compared to the English language, but are committed nonetheless to further supporting and increasing gender neutrality and inclusivity in the collective agreement.

The Joint Committee agrees to begin their work in 2020 and will endeavour to finalize the review by December 2021. These timelines may be extended by mutual agreement.

NEW APPENDIX “XX”

MEMORANDUM OF UNDERSTANDING BETWEEN THE TREASURY BOARD OF CANADA AND THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA WITH RESPECT TO WORKPLACE HARASSMENT

This memorandum is to give effect to the agreement reached between the Treasury Board and the Professional Institute of the Public Service of Canada (the Institute).

Both parties share the objective of creating healthy work environments that are free from harassment and violence. In the context of the passage of Bill C-65 An Act to amend the Canada Labour Code by the Government of Canada, as well as the Clerk of the Privy Council’s initiative to take action to eliminate workplace harassment, the Treasury Board is developing a new directive covering both harassment and violence situations.

During this process, the Treasury Board will consult with the members of National Joint Council (NJC) on the following:

mechanisms to guide and support employees through the harassment resolution process;
redress for the detrimental impacts on an employee resulting from an incident of harassment; and
ensuring that employees can report harassment without fear of reprisal.

Should the Institute request, the Employer would, in addition to the NJC consultations, agree to bilateral discussions with the Institute. Following such discussions, a report will be provided to the NJC.

The implementation and application of this directive do not fall within the purview of this MOU or the collective agreement.

This memorandum expires upon issuance of the new directive or (expiry of the collective agreement), whichever comes first.

NEW APPENDIX “XX”

MEMORANDUM OF UNDERSTANDING BETWEEN THE TREASURY BOARD AND
THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA
IN RESPECT OF THE COMMON PAY ADMINISTRATION

This memorandum is to give effect to an agreement reached between the Employer and the Professional Institute of the Public Service of Canada (the Institute) regarding consultation on the development of the next generation Human Resources (HR) and Pay system.

Both parties recognize the challenges of the Phoenix Pay system. A Joint Union-Management Consultation Committee on Next Generation HR and Pay system has been established to advance the mutual goal of discussing and identifying opportunities and considerations for a potential Next Generation HR and Pay system that meets the legitimate needs of the Employer and the employees.

This Memorandum will confirm the Employer’s commitment to continue consultation with the Institute on the Next Generation HR and Pay at the Joint Union-Management Committee with respect to the development of a Next Generation HR and Pay system.

This Memorandum of Understanding expires on (expiry of the collective agreement).

EWSP (to be included the EWSP MOU) - Currently in discussion

RCMP (to include the RCMP MOU) - Currently in discussion

Leave for Labour Relations Matters – Currently in discussion

(To include changes to clause 29.11 and Appendix “J” - Memorandum of Agreement with Respect to Implementation of Union Leave in the CS collective agreement, as well as equivalent MOAs in the AV, NR, RE, SH and SP agreements)

Annex C

UNION DUES – OTHER DEDUCTIONS

Audit, Commerce and Purchasing (AV)

~~26.07~~ ~~The Employer agrees to continue the past practice of making deductions for other purposes on the basis of the production of appropriate documentation.~~

Computer Systems (CS)

~~25.07~~ ~~The Employer agrees to continue the past practice of making deductions for other purposes on the basis of the production of appropriate documentation.~~

Architecture, Engineering & Land Survey (NR)

~~27.07~~ ~~The Employer agrees to continue the past practice of making deductions for other purposes on the basis of the production of appropriate documentation.~~

Research (RE)

~~28.07~~ ~~The Employer agrees to continue the past practice of making deductions for other purposes on the basis of the production of appropriate documentation.~~

Health Services (SH)

~~26.07~~ ~~The Employer agrees to continue the past practice of making deductions for other purposes on the basis of the production of appropriate documentation.~~

Applied Science & Patent Examination (SP)

~~27.07~~ ~~The Employer agrees to continue the past practice of making deductions for other purposes on the basis of the production of appropriate documentation.~~

Annex D

MATERNITY AND PARENTAL LEAVE AND ALLOWANCE – COLLECTIVE AGREEMENT PROVISIONS

ARTICLE 17 – MATERNITY AND PARENTAL LEAVE WITHOUT PAY – CHANGES USING SP GROUP PROVISIONS (TO BE REPLICATED IN THE OTHER PIPSC COLLECTIVE AGREEMENTS)

17.04 Maternity allowance

a. An employee 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 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) X	(remaining period to be worked following her return to work)
	[total period to be worked as specified in (B)]

however, an employee whose specified period of employment expired and who is rehired within the federal public administration as described in section (A), ~~in any portion of the core public administration as specified in the Public Service Labour Relations Act~~ 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 (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee’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).

17.06 Parental leave without pay

a. Where an employee 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 employee 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),

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 is born or the day on which the child comes into the employee’s care.

b. Where an employee 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 employee 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),

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 employee’s care.

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

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

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

ii. where the employee has proceeded on parental leave without pay and then returns to work for all or part of the period while his or her 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 while the employee 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 employee’s care.

e. An employee who intends to request parental leave without pay shall notify the Employer at least four (4) weeks before the commencement date of such leave.

f. The Employer may:

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

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

iii. require an employee 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.

17.07 Parental allowance

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

Option 1: standard parental benefits, 17.07 paragraphs (c) to (k), or
Option 2: extended parental benefits, 17.07 paragraphs (l) to (t).

Once an employee 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 employee 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. An employee 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 he or she:

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

ii. provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance Plan or the Quebec Parental Insurance Plan in respect of insurable employment with the Employer,
and

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

A. the employee 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 his or her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;

B. Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the standard parental allowance in addition to the period of time referred to in section 17.04(a)(iii)(B), if applicable. Where the employee has elected the extended parental allowance, following his or her return to work, as described in section (A), the employee will work for a period equal to sixty percent (60%) of the period the employee was in receipt of the extended parental allowance in addition to the period of time referred to in section 17.04(a)(iii)(B), if applicable.

C. should he or she fail to return to work in any portion of the ~~core public administration as specified in the Federal Public Sector Labour Relations Act,~~ as described in section (A) or should he or she 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, he or she will be indebted to the Employer for an amount determined as follows: [1]

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

however, an employee whose specified period of employment expired and who is rehired within the federal public administration as described in section (A), ~~in any portion of the core public administration as specified in the Federal Public Service Labour Relations Act~~ within a period of ninety (90) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).

Option 1 - Standard Parental Allowance:

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

i. where an employee on parental leave without pay as described in 17.06(a)(i) and (b)(i), has ~~chosen~~ 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 his or 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;

ii. for each week the employee receives parental, adoption or paternity benefits, under the Employment Insurance Plan or the Québec Parental Insurance Plan, he or she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate (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 his or her parental, adoption or paternity benefits to which he or she would have been eligible if no extra monies had been earned during this period;

iii. where an employee 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, ~~she~~ that employee is eligible to receive a further parental allowance for a period of up to two (2) weeks, ninety-three per cent (93%) of ~~her~~ 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 an employee 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 employee 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;

v. where an employee has received the full thirty-five (35) weeks of parental benefit under the Employment Insurance Plan and thereafter remains on parental leave without pay, he or she is eligible to receive a further parental allowance for a period of one (1) week, ninety-three per cent (93%) of his or her weekly rate of pay (and the recruitment and retention “terminable allowance” if applicable) for each ~~the~~ week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in 17.04(c)(iii) for the same child.

vi. where an employee 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 employee is 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 employee has already received the one (1) week of allowance contained in 17.04(c)(iii) and 17.07(c)(v) for the same child;

d. At the employee’s request, the payment referred to in subparagraph 17.07(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance Plan ~~or Québec Parental Insurance Plan~~ parental benefits.

e. The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Act Respecting Parental Insurance ~~Parental Insurance Act~~ in Quebec.

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

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

ii. for an employee 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 employee’s straight time earnings by the straight time earnings the employee 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 employee is entitled for the substantive level to which he or she is appointed.

h. Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee 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 employee was being paid on that day.

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

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

k. The maximum combined, shared, maternity and standard parental allowances payable ~~under this collective agreement~~ shall not exceed fifty-seven ~~two~~ (57 52) weeks for each combined ~~standard~~ 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 an employee on parental leave without pay as described in 17.06(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 per cent (55.8%) of his or her 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 employee receives parental benefits under the Employment Insurance, he or she is eligible to receive the difference between fifty-five decimal eight per cent (55.8%) of his or her 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 his or her parental benefits to which he or she would have been eligible if no extra monies had been earned during this period;

iii. where an employee has received the full sixty-one (61) weeks of parental benefits under the Employment Insurance and thereafter remains on parental leave without pay, he or she is eligible to receive a further parental allowance for a period of one (1) week, fifty-five decimal eight per cent (55.8%) of his or 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, unless said employee has already received the one (1) week of allowance contained in 17.04(c)(iii) for the same child.

iv. where an employee 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 employee is eligible to receive a further parental allowance for a period of one (1) week, fifty-five decimal eight per cent (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 17.04(c)(iii) for the same child;

m. At the employee’s request, the payment referred to in subparagraph 17.07(l)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance.

n. The parental allowance to which an employee is entitled is limited to that provided in paragraph (l) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act.

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

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

ii. for an employee 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 employee’s straight time earnings by the straight time earnings the employee 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 employee is entitled for the substantive level to which he or she is appointed.

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

r. Where an employee 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 an employee’s deferred remuneration or severance pay.

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

This offer is agreed to and signed in Ottawa, this 22^nd day of May, 2019.

For the Professional Institute of the Public Service of Canada:

_______________________________

Suzelle Brosseau, Negotiator

For the Treasury Board Secretariat of Canada:

________________________________

Daniel Cyr, Negotiator

________________________________

Allison Shatford, Analyst

[1] **update graphic** remaining period to be worked as specified in (B) following his or her return to work.