ROCKY VIEW SCHOOL DIVISION NO. 41 TERMS OF EMPLOYMENT SUPPORT STAFF

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1 ROCKY VIEW SCHOOL DIVISION NO. 41 TERMS OF EMPLOYMENT SUPPORT STAFF REVISED August 23, 2015

2 INDEX ARTICLE DESCRIPTION PAGE NO. Preamble 1 1 Definitions 1 2 Employment 3 3 Salary Administration 7 4 Hours of Work 10 5 Extra Time and Overtime 11 6 General Holidays 12 7 Vacation 13 8 Sick Leave With Pay 14 9 Maternity & Parental Leaves General Leave of Absence Benefit Plans Pension Plan Vehicle Allowance Division Rights Discrimination Appeal Process Subrogation Supplemental Unemployment 27 Benefit Plan for Apprentices Appendix A Salary Schedule 28 Appendix B Contracted Staff 37 Appendix C Christmas Break Designation 38 Appendix D Ten-Month Employees 39 Appendix E Job Group Appeal Process and Job Evaluation Appeal Form 40 Appendix F Redundancy Process at Job Location 41 Appendix G Redundancy Process within the Division 42

3 PREAMBLE It is the intent of The Board of Trustees of Rocky View School Division No. 41, hereinafter referred to as the Division that The Terms of Employment for Support Staff be in written form as set out herein. Support Staff are all employees listed in the Job Groups and positions described herein who are not covered by the Collective Agreement with the Alberta Teachers Association and are not contracted employees shown in APPENDIX B and those employees whose title includes the word Superintendent. Therefore, the following Terms of Employment for Support Staff are established by The Board of Trustees of the Rocky View School Division No. 41. These Terms of Employment shall be in full force and effect as of the 23 th day of August, 2015 and shall continue in full force and effect until otherwise amended by the Division. Matters relating to the Terms of Employment shall be brought to the attention of the Associate Superintendent of Human Resources to assist Support Staff in presenting recommended changes to the Labour Relations Committee regarding the Terms of Employment. ARTICLE 1 TYPES OF EMPLOYEES 1.1 Casual Employee means an employee hired to work on a short term, irregular and as needed basis. 1.2 Gender means a person s sex and in all instances where a masculine or feminine term is used; it is intended to mean either the masculine or the feminine unless the context otherwise requires. 1.3 Continuing Employee means an employee occupying a Full-Time or Part-Time continuing position established by the Division who has successfully completed a period of probation. A Probationary Employee becomes a Continuing Employee, at the end of their Probationary Period, upon recommendation of their supervisor. This recommendation must be part of the employee performance review demonstrating the Probationary Employee has met or exceeded performance expectations. 1.4 Continuing Full-Time Employee means a continuing employee who works the prescribed hours outlined in Article 4 Hours of Work. 1.5 Continuing Part-Time Employee means a continuing employee occupying a position that is assigned less than full-time hours of work per day or per week for the position as described in Article 4 Hours of Work. Assignment of hours may change at the discretion of the Division. 1.6 Probationary Employee means an employee who, at commencement of employment with the Division, occupies a Continuing Position and is serving a Probationary Period. 1.7 Temporary Employee means an employee occupying a temporary position. 1.8 Term Employee means an employee occupying a term position. TYPES OF POSITIONS 1.9 Contracted Positions mean those positions listed in Appendix B and others that may be created from time to time established under an individual contract with the Division. The employees occupying these contracted positions are not covered by the Terms of Employment for Support Staff Continuing Position means a position with no specified end date for employment. A Continuing Position can be either for ten (10) months (school year) or for twelve (12) months of the year

4 1.11 Surplus Position means a position that is no longer required Temporary Position means a position occupied by a caretaker, day caretaker, lead caretaker or a temporary maintenance worker or a position established for a specific period of time but not more than two (2) calendar years for the purpose of filling: a) a vacant position; or, b) a position which has become vacant as a result of an employee on leave for a period which is less than one hundred and eighty (180) calendar days 1.13 Term Position means a position occupied by an employee who is replacing an employee in a continuing position who is on leave for a period greater than one hundred and eighty (180) calendar days. GENERAL DEFINITIONS 1.14 Division means The Board of Trustees of Rocky View School Division No Employment Standards Code means The Province of Alberta Employment Standard Codes dated November 1, 2010 and subsequent amendments Extra Time means work performed beyond the designated working hours but less than the number of hours required for overtime (Article 1.23). Extra Time shall be paid at the employee s regular rate of pay Field of Employment means comparable positions within the same Job Group Increment Date means the date the employee commenced employment in a continuing position.. A new Salary Increment Date will be re-established when an employee is promoted or if the employee is on an approved leave of absence without pay exceeding ninety (90)) calendar days or is on Long Term Disability. Maternity leave shall not affect the employee s Salary Increment Date Instructional Days or Teaching Days means those days in the annually prepared school calendar outlined as days on which instruction to children is scheduled Job Group means a group of positions that are paid within the same salary range Merit means the employee s ability to perform assigned duties as determined by the Division based on recorded performance reviews Operational Days means those days in the annually prepared school calendar outlined as instructional and organizational days Overtime means work performed beyond: a. the greater of forty (40) hours per week, or an approved alternate work arrangement; b. the greater of eight (8) hours per day, or an approved alternate work arrangement All overtime shall be paid at the rate of one and one half (1 1/2) times the employee s regular rate of pay Probationary Period means a period of one hundred and eighty (180) calendar days from and including the first day of employment, which shall be used to determine suitability and compatibility - 2 -

5 for continued employment. The probationary period shall be extended for layoff periods exceeding two (2) weeks in duration Promotion means when a continuing employee moves to a new position which is at least one job group higher. This is not a reclassification of an employee s current position Red Circling means the employee s salary rate is frozen at its current rate. Red circling will continue until the rate for the reclassified position equals or exceeds the current rate of pay or after a period of one (1) year whichever occurs first (reference Article 3.11). The one year period may be extended by the Associate Superintendent of Human Resources Review Period means a period of one hundred and eighty (180) calendar days from and including the first day of the employee s promotion to a new position in a higher job group. The review period shall be extended for layoff periods exceeding two (2) weeks in duration Seniority Date means the date the employee commenced employment in a continuing position. A new Seniority Date will be set at the employee s most recent rehire date if a break in service exceeds ninety (90) calendar days. Maternity leave shall not affect the employee s Seniority Date. The Seniority Date of an employee shall be adjusted forward by the number of days the employee is away on a leave of absence without pay for more than ninety (90) calendar days. Effective August 24, 2014 the seniority date will no longer be adjusted for parental leave, Workers Compensation Board paid absence over ninety (90) calendar days or Long Term Disability. For an employee commencing employment in a term or temporary assignment between September 1, 2006 and September 3, 2008 this date will be recognized as the employee s seniority date unless: there is a break in service of more than three (3) months; the position is that of caretaker, day caretaker, lead caretaker or temporary maintenance worker 1.29 Underfill means a position placed at a lower paid job group for the purpose of professional development (refer to Article 3.7). Underfill designations are meant to provide development opportunities for staff requiring additional skill development and/or experience. Underfill situations must be approved in advance by the Associate Superintendent of Human Resources Vacation Increment Date means the date the employee commenced employment in a continuing position. A new Vacation Increment Date will be set at the employee s most recent rehire date if a break in service exceeds ninety (90) calendar days. Maternity leave shall not affect the employee s Vacation Increment Date. The Vacation Increment Date of an employee shall be adjusted forward by the number of days the employee is away on a leave of absence without pay for more than ninety (90) calendar days. ARTICLE 2 EMPLOYMENT 2.1 Vacancies Vacancies for Continuing Positions or Term Positions shall be posted on the Division s website for five (5) working days before the competition closing date except when vacancies are filled pursuant to the provisions of Articles 2.1.3, 3.10, or

6 2.1.2 A Continuing Position which becomes temporarily vacant and is to be filled by a Temporary Employee until the return of the current incumbent will be posted as per Articles only if the position is expected to remain vacant for longer than one hundred and twenty (120) calendar days Pool Hiring - At periodic intervals throughout the school year and to expedite staffing needs, vacancies may be filled by a Pool Hiring Process which would supersede Article Promotion & Transfer Preference for promotion or consideration for transfer shall be given to applications from Continuing Employees based on qualifications and employee performance review. Qualifications shall include all such matters as the Associate Superintendent of Human Resources considers appropriate in any case, including, but not limited to knowledge, skill, ability, training, both formal and by work experience, length and type of experience, personal suitability, compatibility with other employees and the goals of the Division. Applications for transfer are usually not considered for employees who have less than one year of Seniority in their present position Article does not affect the ability of the Division to transfer any employee to meet the needs of the system. 2.3 Requirements of Employment Applicants offered a Continuing Position, may be required to undergo a pre-placement medical for fitness to work, performed by an approved medical provider as determined by the Division, to ensure the employee is fit to perform the bona fide job requirements as established by Human Resources The employment of the employee is conditional upon the employee providing a Responsible Use Agreement, Confidentiality Agreement and providing a Criminal Record Check and a Vulnerable Sector Check, which is satisfactory to Rocky View Schools no later than thirty (30) days after the date of appointment. This will be at the employee s own cost. Additionally, proof of application for a Criminal Record Check and Vulnerable Sector Check must be provided prior to the commencement of employment. If an employee fails to provide the Criminal Record Check and Vulnerable Sector Check within the time required, employment will be terminated, unless the Associate Superintendent of Human Resources agrees at his/her sole discretion to extend the period of time The employment of the employee is conditional upon the employee providing a validated copy of their Social Insurance Number (SIN) that is satisfactory to the Associate Superintendent of Human Resources within three (3) days after the date of employment. This validation must be made by a member of Human Resources viewing the employee s SIN card and recording the name and number exactly as it appears on the card. This is in accordance with Service Canada requirements. 2.4 Termination Employment of a Probationary Employee may be terminated at the Division s discretion. The Probationary Employee does not have the right to appeal the termination under Article Employment of a Temporary or Term Employee may be terminated at the Division s discretion. The Temporary or Term Employee does not have the right to appeal the termination under Article Employment of a Continuing Employee may be terminated at the Division s discretion. The Continuing Employee has the right to appeal the termination under Article

7 2.4.4 Employees whose employment has been terminated by the Division shall be given notice in writing, or payment in lieu of notice or a combination of notice and pay in lieu of notice limited to that outlined in Section 56 of the Employment Standards Code, except when an employee is discharged for just cause in which case no notice or payment in lieu of notice is required Continuing Employees whose employment has been terminated due to permanent lay off shall be given notice in writing, or payment in lieu of notice or a combination of notice and pay in lieu of notice outlined in the Employment Standards Code To terminate employment an Employee shall provide the Division with a written termination notice of at least a. one (1) week notification if the employee has been employed by the Division for more than three (3) months but less than two (2) years or; b. two (2) weeks if the employee has been employed by the Division for two (2) years or more 2.5 Lay Off and Scheduled Days Off Without Pay Employees may be laid off with forty - eight (48) hours written notice if a strike or lockout occurs within the Division or for other appropriate reason including but not limited to shortage of work Employees listed in Appendix D shall commence employment on the first operational day of the school year, or on an earlier date as required by their supervisor and the Associate Superintendent of Human Resources. These employees shall be laid off as of the last operational day of the school year, or at a later date as required by their supervisor and the Associate Superintendent of Human Resources. Should an employee be required to commence employment prior to the first operational day of the school year, or complete their employment beyond the last operational day of the school year, their supervisor shall provide a minimum of 30 days written notice. The summer lay off period shall be no less than three continuous weeks in duration. A record of employment will be electronically transmitted to Service Canada. A copy will be mailed to the employee upon their request. Christmas, February and Spring break periods are scheduled days off without pay (statutory holidays will be paid as outlined in Article 6.2) for employees listed in Appendix D Employees listed in Appendix D who are requested to work during the summer lay off period will be entitled to be paid at their normal rate of pay Unless designated otherwise, all caretakers, day caretakers and lead caretakers shall commence employment on the first instructional day of the school year and shall be temporarily laid off without pay after the last instructional day of the school year (the summer lay off). Unless designated otherwise, caretakers, day caretakers and lead caretakers shall work only those days outlined as instructional days in the annually prepared school calendar A caretaker, day caretaker or lead caretaker requested to work while temporarily laid off as outlined in Article 2.5.4, shall be entitled to be paid his or her normal rate of pay

8 Surplus Position Process Upon approval by the Superintendent or designated Associate Superintendent, of a plan which results in a reduction in the number of position(s), the surplus position process, as outlined below, shall be initiated by the Associate Superintendent of Human Resources a. Probationary/Continuing Full-Time Redundancy Process within Employee s Job Location. (Refer to appendix F ). Determine the Applicable Field of Employment - If an employee has more than one field of employment, applicable field of employment will be determined by: Field of employment with most hours; If field of employment hours are equal, will be determined by position of greatest pay; If field of employment hours and pay are equal, the field of employment will be determined by the Associate Superintendent of Human Resources Identify term employees within the field of employment. If there are the same or less than the number of surplus positions, term employees shall be permanently laid off. Review the merit of every employee as determined by the most recent employee performance reviews within the applicable Field of Employment. If there is no performance review on file with Human Resources within the last three years, the employee s performance review rating will be assumed to be that of meets expectations when applying merit. Identify employees performing at less than meets expectations for potential termination according to the following procedures: i. If there are the same or less than the number of employees identified as less than meets expectations, as there are surplus positions, all of the identified employees shall be terminated. ii. If the number of employees identified as less than meets expectations is greater than the number of surplus positions, the following priorities will determine who shall be retained: Merit, or If merit cannot be determined, then Seniority shall be the determining factor Review the seniority - If the number of employees identified under meets expectations is less than the number of positions to be reduced, then seniority will be the determining factor to identify employees to be placed within the Division. If two or more employees possess equal continuing service, the Associate Superintendent of Human Resources will determine which employee shall be placed within the Division. If the number of employees is greater than the number of positions, employees will then be placed into positions based on seniority. The Employees not placed will follow the process in Article 2.6.3a b. Probationary/Continuing Part-Time Surplus Process within Employee s Job Location (Refer to appendix F ) The process outlined in Article 2.6.2a shall be followed for continuing part time surplus positions a. Probationary/Continuing Full-Time Redundancy Process within the Division (Refer to appendix G ) - 6 -

9 Identify term employees within the field of employment. If there are the same or less than the number of surplus positions all term employees shall be permanently laid off. Review the merit of every employee as determined by the most recent employee performance review within the applicable Field of Employment. If there is no performance review on file with Human Resources within the last three years, the employee s performance rating will be assumed to be that of meets expectations when applying merit. Identify employees performing at less than meets expectations for potential termination according to the following procedures: iii. iv. If there are the same or less than the number of employees identified as less than meets expectations, as there are surplus positions, all of the identified employees shall be terminated. If the number of employees identified as less than meets expectations is greater than the number of surplus positions, the following priorities will determine who shall be retained: Merit, or If merit cannot be determined, then Seniority shall be the determining factor Review the seniority If the number of employees identified under meets expectations is less than the number of positions to be reduced, then seniority will be the determining factor to identify employees to be permanently laid off. If two or more employees possess equal continuing service, the Associate Superintendent of Human Resources will determine which employee will be laid off. If the number of employees is greater than the number of positions, employees will then be placed into positions based on seniority. If there are less positions than the number of employees all of the identified employees shall be permanently laid off b. Probationary/Continuing Part-Time Surplus Process within the Division (Refer to Appendix G ) The process outlined in Article 2.6.3a. shall be followed for continuing part time surplus positions If an employee does not accept a transfer initiated by the Division, within the period of time (not less than twenty-four hours) as determined by the Associate Superintendent of Human Resources or designate, this refusal will be considered by the employer to be an act of resignation effective immediately Employees who receive severance monies from the Division, as opposed to working notice or pay in lieu of notice will not be eligible for rehire for a one (1) year period from the date of termination. ARTICLE 3 SALARY ADMINISTRATION 3.1 Applicable salary ranges for each Job Group are outlined in the attached Appendix A. 3.2 A one percent (1%), one-time bonus, will be paid to support staff (except temporary employees, casual employees and employees on a leave without eligible earnings) who are employed by Rocky View Schools on November 15, The bonus will be based on projected gross earnings less - 7 -

10 overtime and extra pay for the period September 1, 2015 to August 31, The bonus will be paid on or before December 31, Example: A 12 month employee with an hourly wage of $31.43/hour on November 15, 2015 would be entitled to a bonus payment of $ Calculation: $31.43/hr X 70 hrs/bi-weekly = $ 2, $2, X 26 pay periods = $57, $57, X 1% = $ Employees who work concurrently in more than one position shall be paid at a blended rate based on the hours of work assigned to each position. This does not apply to Casual positions. 3.4 Payday for all Continuing and Probationary Employees shall be every second Friday, and payday for Temporary Employees will be either bi-weekly or monthly. All employees shall receive on each payday a statement of earnings showing deductions and adjustments. If a payday falls on a general holiday, the payday shall be adjusted to the last working day preceding the general holiday Temporary Employees shall receive their pay within ten (10) days of the Payroll Department receiving their approved time sheets. 3.5 The Associate Superintendent of Human Resources will place a new employee within the salary range applicable for positions listed in Appendix A based on his or her assessment of education and experience which shall not be subject to dispute or appeal. New or temporary employees will not be hired above Step 3 of the applicable salary range, unless the Associate Superintendent of Human Resources authorizes pay for a new employee above Step Continuing Employees and caretakers shall be placed on the next step of the employee s salary range on the employee s Seniority Date, unless the Associate Superintendent of Human Resources approves an employee s supervisor s recommendation that the employee s salary be frozen due to performance issues. 3.7 Unless the Associate Superintendent of Human Resources approves an exception, a Continuing Employee who is promoted shall be, placed at the step on the salary range for the new position in the new Job Group to which the employee is promoted which is at least equivalent to one (1) full step higher than the employee s present placement. The employee s Increment Date will change to the date of the promotion. Example: Employee presently at Group C Step 4 is promoted to Group D. The pay of Group C Step 4 is first determined. The employee is then moved to the step in Group D which pays at least equal to the current hourly rate. Finally the new hourly rate is determined by moving up one step. Therefore, this employee would be placed at Group D Step Unless the Associate Superintendent of Human Resources approves an exception, when a position is reclassified to a higher Job Group, the employee shall be placed in the salary range of the new Job Group which is higher than the employee s present placement, but not less than a Step 3. Example: Position presently at Group C is reclassified to Group D. The employee s current placement is Group C Step 4. The employee is moved to the step in Group D which pays at least equal to the current hourly rate therefore; employee would be placed at Group D Step

11 3.9 Employees promoted and assigned to an Underfill Position for the purpose of professional development shall be placed, by the Superintendent or designate, in a lower paid Job Group than the position in accordance with the employee s qualifications. Placement on the salary grid will be in accordance to Article 3.7. The period of the underfill will be determined by the Superintendent or designate. Once requirements of the position are met, employees will be placed within the Job Group at the salary range established for the position and in accordance with Article 3.8. The employee s supervisor must conduct a performance review and either recommend removal of the underfill or request an extension. If the employee does not meet the requirements of the position, the employee will be returned to a position equivalent to the employee s previous position No change shall occur in the salary of an employee who moves to a position within the same Job Group When the Associate Superintendent of Human Resources initiates a process whereby an employee s position is reclassified to a lower paid Job Group: a. The employee s salary shall remain at its current rate and will continue until the rate for the reclassified position equals or exceeds the current rate of pay or after a period of one (1) year whichever occurs first and; b. After one year the employee shall be placed on the step of the pay group in which the employee has been reclassified or transferred, closest to that which would provide the employee the same rate of pay as the employee presently earns. However, under no circumstances will the employee be placed on a step that pays more than the employee is presently being paid. Example 1: Employee presently at D/6 ($28.58) reclassified to a C position. Employee placed after one year at C/6 ($26.60). Example 2: Employee presently at F/2 ($27.19) having a November 1 Salary Increment Date, reclassified to an E position on September 1, On November 1, 2015 Increment Date the employee moves on paper to E/3 ($26.56) while continuing to be paid at F/2 ($27.19). One year after reclassification, September 1, 2016, employee will be placed at E/3 ($26.56). On November 1, 2016 employee will receive an increment and move to the rate of pay, E/4 ($27.89) An employee who applies for and consequently moves to a position in a lower paid Job Group shall be placed on the same step of the salary range for the position in the lower paid Job Group An employee designated in writing by the Associate Superintendent of Human Resources to be fulfilling all of the duties temporarily in a position of greater responsibility for a period of more than five (5) consecutive working days, shall be paid on the salary range for the position in the higher Job Group based on the procedures set forth in Article 3.7. This adjustment shall be retroactive to the first day of designation An employee designated in writing by the Associate Superintendent of Human Resources to be fulfilling some of the duties temporarily in a position of greater responsibility for a period of more than five (5) consecutive working days, shall be paid an allowance of up to $3.00 per hour based on the degree of difficulty of the duties as reviewed by the Associate Superintendent of Human Resources. This adjustment shall be retroactive to the first day of designation An Education Assistant Classroom, Education Assistant Special Programs or a Clerical Assistant School shall be paid an additional one-dollar per hour over his or her rate of pay when designated in - 9 -

12 writing by his or her school principal to temporarily relieve a school secretary, until the provisions outlined by Article 3.12 are applicable. ARTICLE 4 HOURS OF WORK 4.1 Learning Support Assistant Resource, Learning Support Assistant Special Needs, Learning Support Assistant PUF, Learning Support Assistant PIP, Learning Support Assistant II Colony Schools, Learning Support Assistant Speech Language, Education Assistant Classroom, Education Assistant Special Programs, Clerical Assistant School, Library Clerk I, Cafeteria Coordinator, Cosmetologist Technician a. The normal working hours for full-time employees in the above positions shall be thirty (30) hours per week; and each day of work must not exceed eight (8) hours. b. Employees shall be provided a minimum of one-half (1/2) hour meal break without pay for each work day exceeding five (5) hours; c. Employees may be allowed one (1) fifteen minute work break with pay for each one-half (1/2) day worked (minimum three (3) consecutive hours). If an employee chooses not to take these breaks, no additional pay or time off in lieu shall be granted. 4.2 Learning Commons Facilitator, Library Technician (10 and 12 month), Secretary II and III School, Child Development Advisor, Library Clerk II, Learning Coordinator, School Technologist, Career Centre Advisor, Business Manager School (10 and 12 month), Office Manager School, Receptionist School, Journeyman Baker, Journeyman Chef, Family Liaison Worker, Occupational Therapist, Speech Language Pathologist a. The normal working hours for full-time employees in the above positions shall be thirty-five (35) hours per week; b. Employees shall be provided a minimum of one-half (1/2) hour meal break without pay for each work day exceeding five (5) hours; c. Employees may be allowed one (1) fifteen minute work break with pay for each one-half (1/2) day worked (minimum three (3) consecutive hours). If an employee chooses not to take these breaks, no additional pay or time off in lieu shall be granted; 4.3 Education Centre Employees a. The normal working hours for Education Centre (EC) employees and other designated employees except those positions in Appendix D shall be seven (7) hours and twenty (20) minutes per day, five (5) days per week; exclusive of a one (1) hour meal break without pay; b. The twenty (20) minutes worked by these employees, in addition to the seven (7) hours worked per day, result in these employees earning eleven (11) earned days off with pay during each twelve (12) month period. For the purpose of this Article each period shall commence January 1 st ; c. Earned days shall not be accumulated during the period an employee is accessing either sick leave over ten (10) consecutive working days or a leave of absence over ten (10) consecutive working days. Any adjustment to the calculation of earned days off is retroactive to the first day of absence. Earned days will start to accumulate when the employee returns to regular hours and starts working the extra time to accumulate benefits. Refer to Article 7.12 regarding earned days payout; d. Three (3) of the earned days off with pay must be taken during the designated Christmas break (Refer to Appendix C Christmas Break Designation). e. The balance of the earned days off with pay may be taken at any time during the calendar year subject to permission being received from the employee s supervisor; f. Earned days off with pay may not be carried over to the next calendar year unless an employee is accessing sick leave or a leave of absence in late December, in which case earned days may be carried over to the first month the employee returns to work;

13 g. Employees who resign or retire shall be paid for unused earned days and time off in lieu entitlement and shall not be permitted to extend the period of their employment through the scheduling of unused earned days and time off in lieu entitlement; h. Employees may be allowed one (1) fifteen (15) minute work break with pay for each one-half (1/2) day worked (minimum three (3) consecutive hours). If an employee chooses not to take these breaks, no additional pay or time off in lieu shall be granted; i. The provisions of this Article may be amended to make possible alternate work arrangements. Alternative work arrangements must be approved by the Associate Superintendent of Human Resources 4.4 Caretaking Department Employees Except Secretary a. The normal working hours for Caretaking Department employees, with the exception of the secretary, shall be eight (8) hours per day, five (5) days per week, exclusive of a minimum onehalf (1/2) hour meal break without pay; b. The hours of work for caretakers, day caretakers and lead caretakers shall be as assigned by the Supervisor of Caretaking in conjunction with the Head Building Operator. If the caretaker s, day caretaker s or lead caretaker s hours of work in any one day exceed five (5) hours, then the employee shall be provided a minimum of one-half (1/2) hour meal break without pay; c. Employees may be allowed one (1) fifteen (15) minute work break with pay for each one-half (1/2) day worked (minimum three (3) consecutive hours). If an employee chooses not to take these breaks, no additional pay or time off in lieu shall be granted 4.5 Maintenance Department Employees Except Secretary a. The approved alternate work schedule for Maintenance Department employees, with exception of the secretary, shall alternate weekly between forty-four (44) and thirty-six (36) hours per week. The daily hours of work, Monday to Thursday inclusive, shall be from 7:30 a.m. to 12:00 noon and from 12:30 p.m. to 5:00 p.m. and for every second Friday from 7:30 a.m. to 12:00 noon and 12:30 p.m. to 4:00 p.m., unless otherwise designated. It is agreed the foregoing constitutes a compressed work week cycle as contemplated by section 20 of the Employment Standards Code; b. Employees may be allowed one (1) fifteen (15) minute work break with pay for each one-half (1/2) day worked (minimum three (3) consecutive hours). If an employee chooses not to take these breaks, no additional pay or time off in lieu shall be granted ARTICLE 5 EXTRA TIME AND OVERTIME 5.1 All overtime and extra time requires written approval from the applicable principal, supervisor or other designated official and whenever possible this written approval should be obtained before commencement. 5.2 Extra time shall be defined as work performed beyond the designated working hours but less than the number of hours required for overtime and shall be paid at the employee s regular rate of pay. 5.3 Overtime shall be defined as work performed beyond; a. the greater of forty (40) hours per week unless the employee works a compressed work week or compressed work week cycle, or b. the greater of 8 hours per day unless the employee works a compressed work week or compressed work week cycle All overtime shall be paid at the rate of one and one half (1 1/2) times the employee s regular rate of pay

14 5.4 When, because of either a scheduled call-back or an emergency, an employee is called into work after the employee has left his/her work location following his/her regular shift, the employee shall be paid a minimum of three (3) hours additional pay as outlined in Article 5.2 and/or Time Off In Lieu a. Ten (10) month employees will be paid for over-time and extra time at the end of the pay period it was earned (no time in lieu will be provided) b. With prior approval of the employee s supervisor, a twelve (12) month employee may bank time in lieu of overtime or extra time worked to a maximum of seven (7) days; c. Time off must be at a time when the employee would otherwise be working for the Division; d. The hours of time off shall be equal to one and one half (1 1/2) times the hours of overtime worked, or one (1) times the hours of extra time worked; e. The employee shall receive pay for their hours of time off at their regular rate; f. The time off will be taken within six months following the pay period in which it is earned; g. If the time off is not taken within the same pay period or within six months following this pay period, the employee will be paid the applicable overtime or extra time pay for all hours outstanding; h. No employee shall be required to take time off in lieu of overtime or extra time; i. This article cannot be amended or cancelled unless at least one (1) month written notice is provided; j. Employees who resign or retire shall be paid for unused time off in lieu entitlement and shall not be permitted to extend the period of their employment ARTICLE 6 GENERAL HOLIDAYS 6.1 All employees except those employees listed in Appendix D and Casual Employees shall be entitled to the following listed general holidays, provided the employee works the employee s last scheduled work period prior to the general holiday and the employee s first scheduled work period following unless otherwise agreed with the employee s supervisor: New Year s Day Family Day Good Friday Easter Monday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day (first Monday in August) (except when Remembrance Day occurs on a Saturday or a Sunday) and any other general holidays proclaimed by the Government of Alberta or the Government of Canada, that are generally observed within the Province of Alberta. If any of the above days, except Remembrance Day, fall on a day that is normally a non-working day (Saturday or Sunday) a day in lieu will be granted to the employee on a date at the discretion of the Division. 6.2 All employees designated in Appendix D, shall be entitled to all the holidays listed in Article 6.1, except for the Civic Holiday, and any other general holidays proclaimed by the Government of Alberta or the Government of Canada which fall during the period of employment and that are generally observed within the Province of Alberta. When replacing any general holidays named previously, only the lieu holiday shall be recognized. If any of the above days, except Remembrance

15 Day, fall on a day that is normally a non-working day (Saturday or Sunday), a day in lieu will be granted to the employee on a date at the discretion of the Division. 6.3 All Casual Employees shall be paid four (4) percent of their earnings in lieu of entitlement to general holidays. ARTICLE 7 VACATIONS Vacation Entitlement 7.1 During the period from the date of hire to the subsequent August 31, Continuing, Probationary, and Term Employees, except those employees in a position listed in Appendix D, shall earn one and onequarter days of vacation with pay for every full month worked, to a maximum of fifteen (15) days. An employee who works less than a full month shall have their vacation calculated by determining days worked divided by total working days in the month, multiplied by Subsequent vacations with pay for Continuing employees, except those employees in a position listed in Appendix D, for each year commencing September 1 and ending on the following August 31, shall be earned upon the completion of one (1) full year of continuous service (based on the employee s Vacation Increment Date, according to the following schedule: During the period from September 1 st after date of hire until the completion of eight (8) years of service from Vacation Increment Date Fifteen (15) working days of vacation per year After the completion of eight (8) full years of service from Vacation Increment Date Twenty (20) working days of vacation per year After the completion of sixteen (16) full years of service from Vacation Increment Date Twenty-five (25) working days of vacation per year After the completion of twenty-four (24) full years of service from Vacation Increment Date Thirty (30) working days of vacation per year Example: An employee completing eight (8) full years of service from Vacation Increment date on April 30 would be entitled to 8/12 (September 1 to April 30 8 months) of 15 days plus 4/12 (May 1 to August 31 4 months) of 20 days, for a total days of vacation. b. A library technician (12 month) hired prior to January 1, 1992, shall earn, in addition to those days in Article 7.1.a., the following days of vacation with pay: i. Those days that would have been normally worked during the Christmas break; ii. Those days that would have been normally worked during the Spring break. Vacation Payout Schedules 7.3 A Continuing Employee or Probationary Employee whose position is listed in Appendix D shall be entitled to vacation pay calculated on the following basis: a. Six (6) percent of the employee s earnings if the employee has eight or fewer years of service from his or her Vacation Increment Date; b. Eight (8) percent of the employee s earnings if the employee has over eight (8) full years of service from his or her Vacation Increment Date; c. Ten (10) percent of the employee s earnings if the employee has over sixteen (16) full years of service from his or her Vacation Increment Date; d. Twelve (12) percent of the employee s earnings if the employee has over twenty-four (24) full years of service from his or her Vacation Increment Date

16 7.4 Temporary Employees shall be paid vacation pay calculated on the basis of six (6) percent of their earnings. 7.5 Temporary Employees with over eight (8) years of continuous service shall be paid vacation pay calculated on the basis of eight (8) percent of their earnings. 7.6 Vacation pay earned by employees whose position is listed in Appendix D will be paid out on each pay. Special Considerations 7.7 Employees listed in Appendix D who transfer to a position entitled to vacation as outlined in Article 7.1., may, upon request, opt for the provisions of Article 7.1 if payment has not been made under the provisions of Article Vacations shall be assigned by the Division based firstly, upon the continued efficient operational needs of the Division, and secondly, the wishes of the employee. 7.9 An employee, prior to August 31 of the period for which the vacation has been earned, may defer up to five (5) vacation days until the following year calculated from September 1 to August 31 next following, if the request is approved by the employee s supervisor. The Superintendent of Schools may authorize the deferment of more than five (5) vacation days if exceptional circumstances warrant. Any deferred vacation not used by August thirty-first (31 st ) of the period to which the vacation is deferred shall be paid out at the salary rate in effect at the time the vacation was earned The annual vacation entitlement of an employee granted a leave of absence without pay from work for a period exceeding ten (10) consecutive working days, shall be adjusted to reflect such absence While on annual vacation, an employee is entitled to the provisions of compassionate leave Employees who resign or retire shall be paid for unused vacation entitlement and shall not be permitted to extend the period of their employment through the scheduling of unused vacation entitlement a. Accumulated vacation pay, time in lieu and earned days will be paid out when an employee exhausts their entitlement to sick leave. Documentation will be sent to the employee explaining the calculation. Exceptions may be approved by the Associate Superintendent of Human Resources. b. Any accumulated vacation, earned days and time in lieu will be paid out at the end of the 90 calendar day period. ARTICLE 8 SICK LEAVE WITH PAY 8.1 Sick Leave Leave with pay and payment of Division contributions to the benefit plans set forth under Article 11 shall be granted to all continuing and probationary employees for the purpose of the employee obtaining necessary treatment from a medical or dental practitioner, on account of injury, illness or disability to a maximum of ninety (90) calendar days or the number of sick leave days available to the employee, whichever is less. Sick leave shall not be granted to employees while on lay-off or when on a leave of absence under Article 10. For pregnancy-related disabilities, employees on a maternity leave of absence, except employees temporarily laid off under Article 2.5, shall accept Supplemental Unemployment Benefits as outlined

17 in Article 9.6. Subject to the provision of medical proof of such pregnancy-related disability, employees are eligible for sick leave outside the period of time that Supplemental Unemployment Benefits are available for a maximum of ninety (90) calendar days unless the employee becomes eligible for Long Term Disability Benefits at which time sick leave shall be suspended. Pregnancy-related disability means a medical condition arising during the pre-delivery, childbirth or recovery from childbirth that renders an employee medically disabled and unable to perform her duties. 8.2 A Continuing Employee or Probationary Employee who has been absent for reasons referred to in Article 8.1, shall, upon return to full-time duty, be entitled to an additional sick leave benefit of ninety (90) calendar days except as outlined in Articles 8.3 and Article 8.2 does not apply for those employees who return to work for thirty (30) calendar days or less and who are again off work due to the same injury, illness or disability. In this event, the two periods of sick leave will be treated as one period. 8.4 If an employee returns to work after receiving Long Term Disability benefits, and within six (6) months is unable to work as a result of causes in whole or in part related to the prior disability, the employee will be eligible to apply for Long Term Disability benefits without having to satisfy the ninety (90) calendar day waiting period and thus would not be eligible for sick leave. 8.5 Before any payment is made under the foregoing provisions the employee must submit their time sheet for any absences outlined in Article 8.1. Employees may be requested to submit a medical certificate, in a form approved by the Division, from a qualified medical or dental practitioner for absences of more than three (3) consecutive working days. 8.6 The Associate Superintendent of Human Resources or designate may require an employee to provide a medical certificate from a qualified medical or dental practitioner for any absence of three (3) consecutive working days or less provided the employee is informed of this requirement before his or her return to duties. 8.7 The Division may require an employee to submit at any time to a medical examination by a qualified medical practitioner. The expense of the medical examination will be borne by the Division. 8.8 An employee injured in remunerative employment, other than Division employment, and covered by workers compensation, shall not be entitled to any benefit outlined under Article When an employee is eligible for Long Term Disability benefits as outlined in Articles and 11.12, the provision for sick leave shall be suspended and no further salary shall be paid When an employee has been approved for Long Term Disability benefits, the vacant position may be posted and filled The Associate Superintendent of Human Resources must receive a medical certificate verifying the employee is fit to return to work in cases of absence due to Long Term Disability or is required by the Associate Superintendent of Human Resources for sick leave absences greater than thirty (30) calendar days

18 8.12 Upon confirmation the employee is fit to return to work following an absence during which the employee received Long Term Disability benefits, the employee shall be returned to a comparable position within the Division When an employee leaves the employment of the Division, sick leave benefits and all other benefits contained under these terms of employment are cancelled and shall not be recoverable in any way, monetarily or otherwise Temporary, Casual, or Term Employees are not eligible for the sick leave provisions outlined in these articles An employee who has been approved for WCB payments and is entitled to Division sick leave benefits will be paid sick leave for a maximum of 90 calendar days. After 90 calendar days, WCB payments will be sent directly to the employee. Any accumulated vacation, earned days and time in lieu will be paid out at the end of the 90 calendar day period. An employee not entitled to Division benefits will receive payments directly from WCB. Any accumulated vacation, earned days and time in lieu will be paid out. ARTICLE 9 - MATERNITY AND PARENTAL LEAVES Definitions 9.1 In this Article: a. Date of delivery means the date when the pregnancy of an employee terminates with the birth of a child or when the pregnancy otherwise terminates; b. Medical Certificate for the purpose of this article is a written statement containing the signature of a physician. 9.2 Entitlement to Maternity Leave a. A pregnant employee, who has been employed by the Division for a continuous period of at least 52 calendar weeks, is entitled to maternity leave without pay as outlined below. During the maternity leave, the employee, if eligible to participate, is entitled to continue benefit plan coverage on the same cost-sharing basis as other eligible employees. A pregnant employee may be eligible for The Supplementary Unemployment Benefit (SUB) Plan as outlined in Article 9.6. b. A pregnant employee referred to above is entitled to a maternity leave of: i. A period not exceeding fifteen (15) weeks commencing no sooner than twelve (12) weeks prior to the estimated date of delivery, and ii. The actual date of delivery is after the estimated date of delivery, an additional period of time consisting of the time between the estimated date of delivery and the actual date of delivery. c. Subject to Article 9.4 the maternity leave shall include a period of at least six (6) weeks immediately following the actual date of delivery

19 9.3 Notice of Maternity Leave A pregnant employee shall provide the Associate Superintendent of Human Resources at least six (6) weeks notice in writing of the day on which she intends to commence maternity leave and, shall provide a medical certificate certifying she is pregnant and the estimated date of delivery. 9.4 Shortening Maternity Leave An employee, with the agreement of the Associate Superintendent of Human Resources, may shorten the duration of the six (6) week period following the date of delivery by providing the Associate Superintendent of Human Resources, with a medical certificate, signed by a physician, indicating resumption of work will not endanger her health. 9.5 No Notice of Maternity Leave An employee who fails to comply with Article 9.3 and who is otherwise entitled to maternity leave, is entitled to maternity leave for the period specified in Article 9.2 if within two (2) weeks after she ceases to work she provides the Associate Superintendent of Human Resources with a medical certificate signed by a physician which: a. Indicates she is not able to work by reason of a medical condition arising from her pregnancy; and b. Gives the estimated date of delivery or the day of delivery. 9.6 Supplemental Unemployment Benefit Plan a. The Division has implemented a Supplementary Unemployment Benefit (SUB) Plan, which shall be accessed by the employee, during the post-delivery period. Subject to Article 9.6 b., the SUB Plan provides an employee on maternity leave with 100% of her normal weekly earnings during the eight (8) weeks beginning on the day following the date of delivery. Employees who are temporarily laid off under Article 2.5 are not eligible to access the SUB Plan during the lay-off period. b. To the extent the employee has sick leave days available, the SUB Plan will be paid for that number of days to a maximum of eight (8) weeks beginning on the day following the date of delivery provided the employee qualifies for Employment Insurance benefits. The employee shall apply for Long - Term Disability Benefits as soon as she is able to do so and shall receive long term disability payments as soon as she is entitled. The SUB Plan payment shall cease on the earlier of the end of eight (8) weeks of payments or the employee being entitled to receive long term disability payments. c. For the duration of the maternity leave, the Division shall continue to pay its portion of the employee s benefit plan premiums specified in Article Parental Leave a. The Division shall grant parental leave to an employee in the following circumstances: i. In the case of an employee entitled to maternity leave, a period of not more than thirty-seven (37) consecutive weeks immediately following the last day of the employee s maternity leave; or ii. In the case of a parent who has been employed by the Division for at least twelve (12) months, or if a ten (10) month employee, for at least ten (10) months, a period of not more than thirty-seven (37) consecutive weeks within fifty-two (52) weeks after the child s birth; or

20 iii. In the case of an adoptive parent whom the Division has employed for a least twelve (12) months, or if a ten (10) month employee, for at least ten (10) months, a period of not more than thirty-seven (37) consecutive weeks within fifty-two (52) weeks after the child is placed with the adoptive parent for the purpose of adoption. b. If both parents are Division employees, the parental leave may be accessed entirely by one of the parents or shared between the parents. However, the Division is not required to grant parental leave to both parents at the same time. The thirty-seven (37) weeks allowed is the maximum time available to be taken by one parent or shared between both parents. 9.8 Notice of Parental Leave a. An employee must give the Associate Superintendent of Human Resources at least six (6) weeks notice of the date the employee will start parental leave, unless: i. The medical condition of the birth mother or child makes it impossible to comply with this requirement; or ii. The date of the child s placement with the adoptive parent was not foreseeable. 9.9 Adoption Leave The Associate Superintendent of Human Resources shall grant adoption leave, to an employee who is the adoptive parent of a child and has been employed by the Division for a continuous period of at least twelve (12) months, or if a ten (10) month employee, for at least ten (10) months. The employee must: a. Submit a written notice of leave to the Associate Superintendent of Human Resources six (6) weeks prior to the date the employee expects to obtain custody of the adopted child, unless medical reasons or circumstances related to the adoption prevent this. b. If the employee is unable to comply with Article 9.9 a., the employee shall give notice to the Associate Superintendent of Human Resources forthwith after receiving notice of the adoption Adoption leave consists of a period of not more than one (1) year of leave without pay and without Division contributions to group insurance premiums commencing the date on which the adoptive parent first obtains custody of the adopted child Only one (1) parent employed by the Division, of a child referred to in Article 9.9, shall be granted adoption leave under this Article Prohibition Against Termination of Employment The Division will follow the normal lay-off procedures for those employees who are temporarily laid off pursuant to the provisions of Article 2.5 as a result of the suspension in part of the business operations of the Division notwithstanding that the employee: a. Has commenced maternity leave or parental leave, or b. Is entitled to, or has commenced, adoption leave under this Article Other than as outlined in Article 9.12 the Division shall not lay off an employee who: a. Has commenced maternity leave or parental leave, or b. Is entitled to, or has commenced, adoption leave under this Article