ARTICLE 8: HOURS OF WORK

8.01 The intent of this article is to ensure Employees and Trustholders understand the expectations for hours of work.

Employees and Trustholders will ensure that the Employee’s hours of work, as per the letter of appointment and provisions provided below, are adhered to.

8.02 New Employees will receive a letter of appointment outlining their hours of work (i.e., regular work-day and regular work-week).

(a) The regular work-day will be:

(1) seven (7), or

(2) seven and one-half (7.5), or

(3) eight (8) consecutive hours.

(b) The regular work-week will be:

(1) thirty five (35) hours,

(2) thirty seven and one half (37.5) hours, or

(3) forty (40) hours.

(c) A regular work-week will consist of five (5) days with two (2) consecutive days off.

(d) Temporary changes to an Employee’s start time, work-day or work-week are permitted for research or operational requirements. Unless mutually agreed to, a permanent change to an Employee’s regular start time requires that the Employee be provided with thirty (30) calendar days' written notice of the change.

(e) Modified work-days (e.g., split shifts) or work-weeks are acceptable by agreement between the Employee and the Trustholder provided that the hours worked will be, on average, equivalent to that which the Employee would have worked under clauses 8.02(a) and (b). Except for clauses 8.02(a) and (b), an Employee working pursuant to a modified work-day or work-week agreement retains access to the provisions of this Agreement and there will be no loss or gain of any provision of this Agreement when a modified work-day or work-week is in use.

(f) When, on an ongoing basis, operational requirements necessitate irregular hours outside of the provisions of clauses 8.02(a) and (b), and the Employee and Trustholder agree, the Trustholder will submit the agreed work schedule to the Director, ER & ES for approval. The Director, ER & ES will provide a copy of the agreed work schedule to NASA for approval. Approval will not be unreasonably withheld. A Trustholder and Employee who fails to receive approval within ten (10) working days may implement the agreed upon schedule. Except for clauses 8.02(a) and (b), an Employee working pursuant to an irregular hours of work arrangement retains access to the provisions of this Agreement except as modified by the irregular work schedule and providing there will be no loss or gain of any provision of this Agreement when an Employee works an irregular work schedule.

(g) Where an urgent circumstance or emergency arises, the Trustholder may make temporary changes as required with as much notice as possible to the Employee. Such changes will not remain in effect for more than two (2) weeks. This provision will not be used repeatedly so as to circumvent the requirement for notice given above.

8.04 Rest Periods

(a) Full-time Employees will be entitled to a paid rest period of fifteen (15) minutes during each one-half (1/2) working day of not less than three and one-half (3 1/2) hours duration.

(b) Part-time Employees will be entitled to a paid rest period of fifteen (15) minutes during the first three and one-half (3 1/2) hours, and an additional rest period of fifteen (15) minutes during the rest of their work-day if in excess of two (2) hours.

(c) Employees scheduled to work for more than four (4) hours are entitled to receive at least one-half (1/2) hour of unpaid time at approximately the mid-point of their working day.

(a) An Employee who is going to be absent from work will ensure that his/her Trustholder or designee is informed of the reasons for and expected duration of the absence as soon as possible.

(b) A Trustholder will designate a person to be contacted in the event that an Employee is unable to contact his/her Trustholder.

(c) Should an Employee fail to comply with clause 8.04(a), his/her absence may be considered as unauthorized leave without pay unless s/he can demonstrate legitimate reasons for the non-compliance.

ARTICLE 9: OVERTIME

9.01 Trustholders and Employees shall monitor approved overtime worked to ensure that compensating time off in lieu occurs or, if approved, is paid.

9.02 Authorization

Overtime shall be authorized in writing by the Trustholder or designee before it is worked and must be mutually agreeable to both Employer and Employee.

9.03 Compensating Time Off and Rate

(a) A full-time Employee required and approved to work overtime shall be compensated with time off at the rate of time and one-half times (1½ x) his/her base pay.

(b) A part-time Employee whose regularly scheduled daily hours are less than those of a full-time Employee in the same job, who is required to work overtime, shall be compensated at straight time for hours up to the scheduled regular daily hours for said full-time Employee and thereafter shall be compensated pursuant to clause 9.02(a).

9.04 Compensating Paid Overtime

(a) An Employee may elect to take compensating time off as pay, subject to the prior approval of his/her Trustholder. Such pay shall be calculated per clause 9.02.

(b) In the event that any compensating time off cannot be taken at a time mutually agreeable to the Employee and his/her Trustholder or designee within a period of six (6) months immediately following the month in which the overtime occurred, the Employee shall, instead, receive the overtime pay in the month immediately following the expiration of the six (6) month period.

9.05 Any approved overtime shall be paid out to an Employee when s/he ceases working for his/her Trustholder.

9.06 Overtime shall be:

(a) calculated to the nearest one-quarter (¼) of an hour;

(b) calculated on the basis of the Employee's base pay in effect at the time the overtime occurred;

1. for a minimum of one (1) hour of compensation at the appropriate rate.

9.07 When clauses 8.02(e) or (f) apply to an Employee, this article shall apply only after the Employee has worked his/her hours for that modified work-day, work week or irregular hours of work.

ARTICLE 10: PAID HOLIDAYS

10.01 The following shall be paid holidays:

New Year's Day

Victoria Day

Thanksgiving

Alberta Family Day

Canada Day

Remembrance Day

Good Friday

Heritage Day (Civic Holiday)

Christmas Day

Easter Monday

Labour Day

10.02 Where a paid holiday under clause 10.01 falls on a Saturday or a Sunday, the paid holiday shall be observed on the following Monday.

10.03 When an Employee is not required to work on a paid holiday, his/her pay for that holiday shall be the pay that s/he regularly receives for his/her normal day's work.

10.04 To be eligible for paid holidays, an Employee must be at work (or on approved leave with pay) his/her last normal working day before the paid holiday, and his/her first normal working day after.

10.05 When a paid holiday falls on one of an Employee's normal rest days, s/he shall be given some other day of paid leave in lieu of the day of rest. For purposes of clause 10.07, an Employee shall only be considered to have worked on a paid holiday when s/he works on one of the specific days set out in clause 10.01.

10.06 When provision of a lieu day cannot be arranged due to research/operational requirements, the Employee shall receive a day's pay not later than the end of the month following the month in which the paid holiday occurs.

10.07 When an Employee is required to work on a paid holiday:

(a) s/he shall receive time off or pay, calculated at the rate of double time (2x) for all hours worked, and in addition shall be given some other day off with pay in lieu of the paid holiday at a mutually agreeable time. Where this provision applies, clause 10.03, shall not apply.

(b) when an Employee is required to work for less than his/her normal daily hours, s/he shall be paid at straight time for the balance of those hours s/he was not required to work.

(c) Where a minimum time payment applies, the straight time pay will be for the difference between that minimum and his/her regular hours.

(d) the minimum time off or payment for working on a paid holiday is two (2) hours at the applicable overtime rate.

10.08 Notwithstanding clause 10.06, an Employee working in continuous operations shall have the opportunity to schedule the lieu day in conjunction with his/her normal rest days, or with his/her next period of vacation leave. Not more than five (5) of these days may be taken in conjunction with vacation leave. Where an Employee elects, in advance, to schedule the alternate day off, it shall not be changed except by mutual agreement.

10.09 Part-time and Employees Appointed for Less Than Twelve (12) months

(a) If the paid holiday falls on a day when the Employee is normally scheduled to work, this article shall apply as written.

(b) If the paid holiday falls on a day when the Employee is normally scheduled not to work, this article shall not apply to that Employee.

ARTICLE 11: WINTER CLOSURE DAYS

11.01 Employees shall normally be entitled to four (4) days off, during the regular work week period of December 26 to December 31 inclusive, as follows:

(a) the regularly scheduled work-days shall be designated as days off with pay (i.e., paid but not worked) for Employees appointed for or who have been continuously employed for greater than twelve (12) months, and these Employees shall receive the base pay they regularly receive for their normal day’s work;

(b) the regularly scheduled work-days shall be designated as days off without pay (i.e., unpaid and not worked) for Employees appointed for twelve months or less;

(c) when an Employee is scheduled and required to work on one or more of these days off, s/he shall receive straight time pay; and if s/he is an Employee who has been appointed for or who has been continuously employed for greater than twelve (12) months, s/he shall receive an alternative day off with pay in lieu of the designated paid day off at a mutually agreeable time (no more than six (6) months later); failing mutual agreement, the Employee’s Trustholder may schedule the Employee off or pay the Employee for time off in lieu;

(d) to be eligible for these designated days off with pay, an eligible Employee must be at work (or be on approved leave with pay) his/her last normal working day before these designated paid days off, and his/her first normal working day after;

(e) eligible employees covered by clause 8.03 (e) will be entitled, at a mutually agreeable time (no more than six (6) months later), to equivalent time off to a maximum of seven (7), seven and one-half (7.5) or eight (8) hours, as appropriate, for each designated day off with pay scheduled and worked; failing mutual agreement, the employee’s supervisor may schedule the employee off or pay the employee for time off in lieu.

ARTICLE 12: VACATION

12.01 Vacation Year

The vacation year is the fiscal year (April 1 through March 31).

12.02 Earned Vacation Credits

Vacation credits for a full-time Employee appointed for greater than twelve (12) months or employed for greater than twelve (12) months will be earned on the basis of each calendar month of continuous employment with the University as follows:

(a) at commencement of appointment:

earning rate of 1 1/4 work-days per calendar month
(i.e., fifteen (15) work-days every twelve (12) calendar months of employment);

(b) upon completion of five (5) years of employment:

earning rate of 1 2/3 work-days per calendar month
(i.e., twenty (20) work-days every twelve (12) calendar months of employment);

(c) upon completion of sixteen (16) years of employment:

earning rate of 2 1/12 work-days per calendar month
(i.e., twenty-five (25) work-days every twelve (12) calendar months of employment).

(d) upon completion of twenty-three (23) years of employment:

earning rate 2 ½ work-days per calendar month
(i.e., thirty (30) work-days every twelve (12) calendar months of employment.)

12.03 Part-time Employees appointed for greater than twelve (12) months or employed for greater than twelve (12) months will earn vacation credits as per clause 12.02; however, the vacation credits will be pro-rated in accordance with his/her actual hours worked or paid for (exclusive of overtime).

12.04 When a part-time Employee becomes a full-time Employee, his/her former part-time continuous employment will, without pro-rating, be considered full-time service for the purpose of earning future vacation credits. However, vacation pay for vacation credits, if any, while s/he was a part-time Employee will remain governed by clause 12.02.

12.05 Notwithstanding clause 12.01, but subject to clause 12.07, an Employee will have the right, in any vacation year, to use all the vacation credits s/he has earned up to the commencement date of his/her scheduled vacation time.

12.06 In each vacation year, an Employee will have the right to take his/her vacation in one (1) unbroken period of no more than twenty (20) days or to split his/her vacation subject to clause 12.07.

12.07 Vacation will be scheduled by mutual agreement between the Employee and his/her Trustholder or designee. Subject to operational/research requirements, the Trustholder will accommodate the Employee's choice of vacation time. When operational/research requirements prevent two (2) or more Employees, within the same seniority unit, from taking their vacation at the same time, their length of continuous employment will be the determinant.

12.08 Once vacations are authorized they will not be changed other than in cases of emergency except by mutual agreement.

12.09 Where one (1) or more paid holidays fall within an Employee's vacation, such paid holidays will not be counted as part of the Employee's vacation.

12.10 Where an Employee is hospitalized during his/her vacation, the duration of his/her hospitalization will be charged against his/her illness entitlement and will not be counted as part of his/her vacation, provided s/he can demonstrate his/her hospitalization to the satisfaction of the Trustholder or designee.

12.11 Where an Employee has exhausted his/her illness leave entitlement, s/he will have the right to use his/her vacation credits, if any, to cover his/her absence due to illness.

12.12 The Trustholder or designee may approve an Employee's request for unused vacation credits to be carried over to the next vacation year. No Employee will lose any unused vacation credits under any circumstance.

12.13 An Employee will have the right to receive part or all of his/her vacation pay prior to the commencement of his/her vacation, provided s/he submits such request to his/her Trustholder or designee at least ten (10) work-days prior to the commencement of his/her vacation.

12.14 (a) At the request of the Employee, any vacation credits owed may be paid out to an Employee when s/he ceases working for his/her Trustholder or, alternatively, any vacation credit monies owed will be debited from the Trustholder’s account and credited to the new account.

(b) Notwithstanding the above and subject to clause 12.07, an Employee who is now paid from a new account is entitled to take the earned vacation time off (paid or unpaid depending upon the option taken above).

12.15 Vacation credits, if any, will be paid out to an Employee on the date of his/her cessation of employment with the University.

12.16 Employees Appointed for Twelve (12) Months or Less

This article will not apply to Employees appointed for twelve (12) months or less. Instead, such Employees will receive vacation pay at the rate of four percent (4%) of their total earnings (exclusive of overtime) for each pay period. Employees who have not worked in excess of twelve (12) months will have approved vacation leave, if any, without pay. Such employees will also be entitled to take up to two weeks of time off without pay as vacation following their first twelve months worked. This period will not be considered a break in service.

ARTICLE 13: ILLNESS AND PROOF OF ILLNESS

13.01 The Employer and NASA jointly acknowledge their commitment to promoting wellness, encouraging the legitimate use of illness leave, and being proactive in returning Employees to work.

13.02 "Illness" means illness, injury or quarantine affecting an Employee, but does not include pregnancy.

13.03 "Casual illness" means an illness which causes an Employee to be absent from duty for a period of three (3) consecutive work-days or less for which no medical certificate is required. Where an Employee has used his/her casual illness entitlement in any one (1) employment year, s/he may provide a medical certificate for additional absences of three (3) work-days or less, and the absence will be considered as general illness.

13.04 "General illness" means certified illness which causes an Employee to be absent from duty for a period of more than three (3) consecutive work-days.

13.05 "Employment year" begins with the initial date of employment and continues with each full year of continuous employment thereafter, subject to clause 1.05(e).

13.06 Medical and Dental Appointments

Time off to attend medical and dental appointments requires authorization of the Trustholder in advance and will be scheduled to least interfere with the Employee's work. Time off that is taken during scheduled hours of work will be made up or charged against casual illness entitlement.

13.07 Illness Entitlement

Illness entitlement will have application only to the days on which the Employee would otherwise normally be scheduled to work. Pro-rating will be on the basis of total number of hours worked or paid for (excluding overtime) per month in an equivalent full-time position.

Such entitlement will be pro-rated.

(c) Employees appointed for 12 months or less:

13.08 Reinstatement of Entitlement

Illness entitlement is reinstated at the beginning of each year of continuous employment (i.e., reinstatement of entitlement will be based upon a twelve (12) month period related to an Employee’s employment date), subject to the following provisions:

Should an Employee demonstrate, to the satisfaction of the Trustholder, that s/he was admitted to a hospital as an in-patient during the course of his/her vacation, s/he will be considered to be on sick leave for the period of stay in hospital subject to the other provisions of this article. Vacation time not taken as a result of such stay in hospital, will be taken at a mutually agreeable later date.

13.10 Proof of Illness

(a) Medical certificates will be provided to the Trustholder, with a copy forwarded to the Health Recovery Support Unit, for any absence due to illness in excess of three (3) work days. The medical certificate will specify:

(b) Medical certificates for absence due to casual illness of three (3) work days or less will not be required except where the employee has had a maximum of ten (10) work days of uncertified absence due to illness in a service year.

(c) Medical certificates will be provided for any absence due to illness immediately preceding or following a vacation period or a paid holiday.

(d) For an absence due to illness that continues beyond ten (10) work days or where there is a discernable pattern of shorter duration absences as determined by the Trustholder, the employee will be required to submit a medical certificate to the Health Recovery Support Unit. The certificate will specify the nature of the illness, the duration or expected duration of the illness and a prognosis on recovery. The employee will also advise his/her supervisor of his/her continued absence. If the employee does not return to work on the specified return date(s), further medical certificates will be required.

13.11 Absence during Pregnancy

Notwithstanding Clause 13.02 a pregnant employee who is absent from work due to a medical condition which is medically certified as an illness, will be eligible for illness benefits. The application of illness benefits will be suspended during pregnancy from the date on which maternity leave is scheduled to commence pursuant to Clause 14.03, or the actual date of confinement, whichever is earlier, to the date on which the employee is scheduled to return to work pursuant to Clause 14.03, or the date on which the employee actually returns to work, whichever is earlier.

13.12 Medical Board

In a case of prolonged absence caused by illness or where chronic illness is believed to be adversely affecting an Employee's work, Human Resource Services may require that the Employee be examined by a medical board consisting of one or more doctors selected by Human Resource Services. The employee is entitled to designate one member of the Board. The medical board will submit a medical report as to the condition of the Employee and the amount of time considered necessary for his/her complete recovery, an opinion on the Employee's ability to continue in his/her present position and whether or not his/her condition can be reversed through treatment.

ARTICLE 14: COMPASSIONATE LEAVE

14.01 An Employee appointed to a position that is greater than twelve (12) months or an Employee who has been continuously employed for greater than twelve (12) months, upon receiving authorization from his/her Trustholder or designee, will be granted leave with pay for compassionate reasons up to a maximum entitlement of five (5) working days per year.

14.02 A part-time Employee will be entitled to compassionate leave under this article. However, pay for such leave will be prorated in accordance with his/her regularly scheduled hours of work relative to the daily hours of a similar full-time position.

ARTICLE 14A: LEAVE WITHOUT PAY

14A.01 Where an Employee applies for a leave of absence without pay, it may be granted subject to the approval of the Employer.

14A.02 An Employee may be granted leave of absence without pay to seek election for political office at the local, provincial or federal level. The leave period and other leave arrangements will be appropriate to the circumstances as approved by the Employer.

14A.03 Upon written request, an elected Union official will be granted a leave of absence without pay. The Employer will continue all salary and benefits during the period of leave and will invoice the Union.

ARTICLE 14B: MATERNITY AND PARENTAL LEAVE

Maternity Leave

14B.01 Following one (1) year of service, leave of absence without pay for more than four (4) weeks to a maximum of seventeen (17) weeks for maternity reasons will be granted by the Employer with written notification to the supervisor and Human Resource Services and subject to the following conditions:

(a) The Employee will apply for maternity leave a minimum of three (3) months prior to the expected date of birth.

(b) The date on which maternity leave will commence will be determined by the employee, in consultation with her physician, unless the pregnancy interferes with the performance of the duties of her position.

(c) The Employee will advise of the anticipated return date.

14B.02 An Employee on approved maternity leave is entitled to return to the position she held immediately prior to going on leave. If the Employee can not be returned to her former position, she will be placed in an alternative position of a comparable nature. An Employee who wishes to resume her employment on expiration of her approved maternity leave will provide at least two (2) weeks' notice in writing of the day she intends to resume employment. In the event the Employee wishes to resume employment earlier than her intended date of return, she may do so under the following conditions:

(a) one (1) month following the birth of her baby if a medical certificate is provided; or

(b) six (6) weeks following the birth of her baby if a medical certificate is not provided.

14B.03 The Employee is required to advise Human Resource Services prior to the commencement of maternity leave regarding the continuation of benefit coverage for the duration of the leave. Benefit coverage will be provided for any health related portion of her absence. The Employee will provide medical evidence from her physician specifying the portion of her maternity leave attributable for any health related absence. If an Employee opts to continue her benefit coverage with the University beyond the illness related portion of her leave, she must pre-pay her premiums for the non-medical portion of her leave.

14B.04 Where an Employee has resigned because of pregnancy and is re-employed within twenty-four (24) months, the Employee will have her previous unbroken period of service reinstated for the purposes of administering the terms and conditions of this Agreement including all leave entitlements.

14B.05 A pregnant Employee who satisfies the Employer, through medical evidence from her physician, that continued employment in her present position may be hazardous to her health or to her unborn child, may request a transfer to a more suitable position if one is available. The Employee will be paid within the range for the new position. If no suitable position is available and/or the employee is not transferred, she may request maternity leave, if eligible, under this Article. In the event that such leave commences within the first four (4) months of pregnancy, which necessitates an absence of longer than twelve (12) months, the Employee may request further leave without pay.

14B.06 Top Up Benefits

The Employer will provide top up benefits to eligible Employees on maternity leave in accordance with the Employment Insurance Regulations and subject to the following conditions:

(a) an Employee may apply for top up benefits during the illness related portion of her maternity leave provided:

(i) she is receiving employment insurance maternity benefits, and

(ii) she has sufficient illness entitlement in accordance with Clause 24.07

(iii) the Employee provides medical evidence from her physician specifying the portion of her maternity leave attributable for any health related absence.

(b) Evidence of payment of Employment Insurance maternity benefits (cheque stub) must be presented to Human Resource Services in order to receive the maternity top up benefit.

(c) The maternity top up benefit will provide the Employee with ninety-five percent (95%) of gross earnings less deductions.

(d) An Employee who wishes to receive top up benefits will apply for Employment Insurance maternity benefits as soon as eligible.

Parental Leave

14B.07 Following one (1) year of service, leave of absence without pay to a maximum of thirty-seven (37) weeks will be granted to an Employee for parental leave for his/her newborn or adopted child, with written notification to the supervisor and Human Resource Services and subject to the following conditions:

(a) the Employee will apply for leave a minimum of one (1) month prior to the anticipated birth or adoption date, or provide as much notice as possible;

(b) such leave will commence no sooner than the actual birth or adoption date;

(c) such leave will commence no later than fifty-two (52) weeks after the actual birth or adoption date;

(d) an Employee is required to advise Human Resource Services prior to the commencement of parental leave regarding continuation of benefit coverage for the duration of the leave. If the Employee opts to continue benefit coverage with the University during his/her parental leave, s/he must prepay the premiums.

General

14B.08 If an Employee decides not to return to work and so advises the supervisor and Human Resource Services, benefit coverage as above will be maintained for the duration of the approved leave.

14B.09 No employee will be eligible for leave under this article that is in excess of twelve (12) months, per birth or adoption, unless otherwise approved.

14B.10 Employees Twelve (12) Months or Less

This Article will not apply to an employee who has not been continuously employed for 12 months; however, an employee who has been employed for 12 months or less will be entitled to apply her accumulated illness entitlement during the illness related portion of her pregnancy.

ARTICLE 14C: WITNESS OR JURY DUTY

14C.01 An Employee who is required by law to serve jury duty or act as a witness will be granted leave with pay. Any fee received by him/her for such duty will be remitted to the Employer. However, this Article will not apply to any personal action where the Employee is the plaintiff or defendant.

14C.02 The Employee will submit to his/her supervisor the document which requires him/her to appear as a witness or juror before being granted leave under this Article.

14C.03 The Employee scheduled to work day shift will work during those working hours that s/he is not required to attend the court proceedings. However, an Employee, who is scheduled to work afternoon, evening or night shifts during the period of jury or witness duty, will be granted a leave with pay for an equivalent number of scheduled shifts during the period.

ARTICLE 15: PERFORMANCE REVIEWS AND INCREMENTS

15.01 The parties recognize that the University’s success depends on the performance and contribution of every Employee. Effective performance management involves a continuous two-way process of communication between an Employee and his/her Supervisor focussed on:

(a) the direction and goals of the Department and the Employee’s contributions in the coming year,

(b) clear, reasonable expectations for performance and accountability,

(c) how performance will be evaluated,

(d) learning and development needs,

(e) recognition of Employee contributions, and

(f) guidance and support to enhance Employee performance.

The Supervisor and Employee will complete a written summary of the discussions outlined in Clause 15.01 and an evaluation of the Employee’s performance:

(a) before the completion of his/her probationary or trial period; and

(b) on completion of 12 months and each subsequent 12 months worked in his/her position.

An Employee is entitled to put a written rebuttal to any performance review on his/her Personnel File within a reasonable time.

(a) Performance increment(s) are awarded for satisfactory or better performance, upon the recommendation of the Department Head, after each annual review period using the base pay grade assigned within the Salary Appendices for the Employee’s present position.

(b) No increment will be awarded for performance that is not satisfactory. Withholding an increment is a disciplinary action and Article 36 applies. Where an increment is not recommended due to unsatisfactory performance, the Employee will be advised in writing by the supervisor of the reasons prior to the completion date of that review period.

(c) Long service increment(s) are awarded where an eligible Employee has reached the maximum of the base pay grade for his/her present position and has not received a performance or long service increment within the previous 36-month period worked in the position. There will be a maximum of 2 long service increments for each base pay grade as set out in the Salary Appendices.

ARTICLE 16: WORKERS' COMPENSATION

16.01 When an Employee sustains an injury in the course of his/her duties and is eligible for Workers' Compensation, s/he will be paid that amount necessary to make up the difference in pay between what s/he receives from the Workers' Compensation Board and what s/he would have received had s/he been on leave because of general illness as provided for in Article 13 – Illness and Proof of Illness. Payment under this provision will be made only for that period of time during which s/he would have received full base pay pursuant to Article 13, but such payments will not reduce his/her general illness entitlement for that year.

16.02 An Employee who sustains an injury while in the employ of another employer and who is eligible for Workers' Compensation will not be covered by the Workers' Compensation Supplement (clause 16.01) and General Illness (clause 13.04) provisions. Such absence will be considered authorized leave without pay.

This article will not apply to an Employee who has been continuously employed in a position for twelve (12) months or less.

17.01 Benefit Plans: Full Time Employees

When a full-time Employee is appointed to a position for greater than twelve (12) months or has been continuously employed for greater than twelve (12) months, his/her Trustholder will pay one hundred percent (100%) of the premium costs of the following for either single or family coverage:

(a) Alberta Health Care Plan;

(b) Supplementary Health Care Plan;

(c) Dental Insurance Plan;

(d) Basic Group Life Insurance Plan;

(e) Long Term Disability (LTD) Plan; and

(f) Occupational Accidental Death and Dismemberment Insurance Plan.

The details of benefits and eligibility will be governed by the Master Policy for each plan.

17.02 Employee Funded Benefit Plans

An Employee appointed to a position for greater than twelve (12) months or Employees who have been continuously employed in a position for greater than twelve (12) months, may participate in the following plans by paying one hundred percent (100%) of the premium costs:

(a) Optional Group Life Insurance Plan;

(b) Optional Group Dependent Life Insurance Plan; and

(c) Optional Accidental Death and Dismemberment Insurance Plan.

The details of benefits and eligibility will be governed by the Master Policy for each plan

17.03 Benefit Plans: Part-Time Employees

When a part-time Employee is appointed to a position for greater than twelve (12) months or has been continuously employed for greater than twelve (12) months:

(a) s/he will be eligible to enroll for either single or family coverage for the following:

(1) Alberta Health Care Plan;

(2) Supplementary Health Care Plan; and

(3) Dental Insurance Plan.

The Employer and his/her Trustholder will share the cost of the premiums for these plans at the rate of 70% for the Trustholder and 30% for the Employee.

The details of benefits and eligibility will be governed by the Master Policy for each plan.

(b) s/he will have:

(1) Long Term Disability Plan; and

(2) Basic Group Life Insurance Plan.

The Employer and his/her Trustholder will share the cost of the premiums for these plans at the rate of 70% for the Trustholder and 30% for the Employee.

The details of benefits and eligibility will be governed by the Master Policy for each plan.

(c) s/he will have Occupational Accidental Death and Dismemberment Insurance Plan.

The Employer will pay 100% of the cost of the premium for the plan.

The details of benefits and eligibility will be governed by the Master Policy for the plan.

17.04 Employees on LTD

(a) When an Employee returns to work, s/he will be returned to the same or similar position provided s/he is medically certified as capable of performing the normal job functions of the position within a twenty-four (24) month period from the date the Employee started receiving LTD benefits.

(b) Consistent with the rehabilitative employment provisions of the LTD Plan, the University will provide rehabilitative employment wherever possible. An Employee offered such rehabilitative employment will have an obligation to accept it.

(c) After the twenty-four month period, the employer will consider the likelihood of the employee being able to return to work within the foreseeable future. If it is likely the employee will be capable of returning to work, the Employer will endeavour to return the employee to his/her former position or to a position s/he is medically certified as capable of performing.

(d) The parties agree that recipients of long term disability insurance benefits will receive an increase in such benefits equivalent to any negotiated general salary increase and effective on the same date as that of the general salary increase.

17.05 Benefits Guide and Consultation

The Employer and NASA have, through negotiations, provided various benefit programs for Employees. A Benefits Guide will be published from time to time by the Employer and NASA to provide detailed information about these programs. Insured benefit programs are subject to the contracts between the Employer and the carriers, and self-insured programs are subject to the Employer's plan documents. Both contracts and plan documents are referred to as the Master Policies in this Agreement. NASA will, however, be consulted on changes to the carriers of such contracts and plan documents. There must be mutual agreement to changes to the level of benefits contained in the plan documents.

17.06 Employment Insurance Rebate

NASA agrees that the University will retain the Employees’ portion of the Employment Insurance Rebate to be used for benefit purposes.

17.07 Part-time Employees and Full-time Employees Twelve (12) Months or Less

For Employees appointed to a full-time or part-time position for twelve (12) months or less, or full-time or part-time Employees who have not been continuously employed for greater than twelve (12) months, only clauses 17.01(f) or 17.03(c) and 17.05 will apply. The Employer undertakes to make available a group Alberta Health Care Plan, of which one hundred percent (100%) of the premium cost will be paid by each participating Employee.

ARTICLE 18: UNIVERSITY CREDIT COURSES

18.01 After one (1) year of service, and on the recommendation of the Trustholder, full-time employees will have tuition fees remitted for University of Alberta credit courses on the following basis:

(a) The Employer will remit fees to a maximum of 18 units of course weight in a calendar year of which up to 12 units of course weight can be taken in the Fall and Winter terms.

(b) Remission of fees will include only instructional fees and will not cover books, supplies and other costs. An employee approved for tuition fees is not required to prepay the fees.

(c) A maximum of 3 units of course weight per Term (Fall, Winter, Spring, Summer) may be taken during the employee’s regular hours of work on the recommendation of the Trustholder and on the mutual understanding that the employee’s job requirements are fully met. Make up time arrangements between the Trustholder and the employee will be finalized before approval will be granted. An employee on approved absence during regular hours of work to attend a course is not eligible for overtime compensation until the equivalent of working time missed has been made up.

(d) A separate request for remission must be provided for each academic session.

(e) Employees are responsible for registration and providing proof of registration.

(f) Approval of subsequent credit courses is contingent upon evidence of completion being submitted to the Trustholder.

After one (1) year of continuous employment and on the recommendation of the Trustholder, a part-time Employee will have tuition fees remitted for 3 units of course weight in a calendar year. Such course(s) will be taken outside an Employee’s normally scheduled hours of work.

For Employees who are appointed to work twelve (12) months or less, this article will not apply.

18.04 This Article will also apply to employees at locations other than Edmonton.

ARTICLE 19: HUMAN RESOURCES DEVELOPMENT FUND

19.01 The Employer and NASA are committed to learning and development for Support Staff. As part of this commitment, the University has established a Human Resources Development Fund ("the Fund"). As of April 1st of each year, the Fund will be allocated $400,000 to be administered by the Director, Individual and Organizational Effectiveness.

19.02 The purpose of the Fund is to enable Employees to:

(a) access learning opportunities (courses, workshops or seminars, excluding University courses under Article 18) that will improve the Employee’s performance in his/her current position or develop future job related skills,

(b) access development opportunities when participating in rehabilitative employment as described in clause 31.06(d)(2) of Part A of this collective agreement, or

(c) access non-credit University of Alberta courses that enhance employee wellness (e.g. physical education, stress management).

19.03 The parties encourage discussion between the Employee and his/her supervisor to identify learning and development plans and potential learning opportunities where the Fund may apply, as part of the on-going performance management process. However, the cost of job-specific training required by the Employer or legislation cannot be charged to the Fund.

19.04 (a) An Employee, appointed for or continuously employed for greater than twelve (12) months, will be entitled to a maximum of $750.00 per fiscal year to fund learning opportunities which meet the criteria outlined in clause 19.02.

(b) An Employee, appointed for or continuously employed for greater than twelve (12) months, may request permission to use his/her future annual entitlements to a maximum of $2,250 for a specific program of studies offered by an approved post-secondary institution where the program is part of a long term learning plan that, in the judgement of the Employee in consultation with his/her supervisor, meets the criteria outlined in clause 19.02.

Where the identical program of studies referred to in this clause is available at the University of Alberta, the Employee will access that program.

Where such a program is approved under this Article, the Employee will not be eligible for funding in the following 2 fiscal years.

(c) An Employee, not yet employed for greater than twelve (12) months, will be entitled to a maximum of $500 per fiscal year to fund learning opportunities which meet the criteria outlined in clause 19.02.

(d) Funding will include reimbursement for registration and course fees, course materials, examination fees and, where applicable, reasonable out-of-town expenses for travel, meals and accommodation, but will not cover membership fees.

(e) There will be no carry over of any unused portion of an Employee’s maximum entitlement to a subsequent fiscal year.

19.05 Learning opportunities under this Article may be accessed during an Employee’s regular hours of work, subject to the approval of his/her supervisor. Where the learning opportunity is of mutual benefit to the Employee and the Trustholder, the time off will be with pay. In other cases, make up time arrangements between the Employee and the Trustholder will be finalized prior to approval being granted. An Employee on an approved absence during regular hours of work is not eligible for overtime compensation until the equivalent of working hours missed have been made up.

19.06 (a) The Department will pay course fees on behalf of the Employee directly to the institution concerned and be reimbursed through the Fund upon providing proof of payment.

(b) When an Employee cancels, fails to attend or complete an approved learning opportunity without legitimate reasons, s/he will be fully responsible to reimburse the Fund for all costs associated with the cancellation.

19.07 (a) When funding has been approved and the Employee is then advised that s/he is to be laid off, s/he will have the right to proceed with the learning opportunity regardless of its commencement date and the Trustholder will honour all approved reimbursement.

(b) Subject to mutual agreement between the parties, individual limits for this funding may be waived for Employees on layoff status or about to be laid off.

19.08 (a) No Employee will have access to the Fund once s/he has left the employ of the Employer, subject to clauses 19.06(a) and 19.07(b).

(b) When an approved learning opportunity has commenced prior to the effective date of an Employee's resignation or dismissal, the Employee will not be required to repay any portion of the approved reimbursement to the Employer.

(c) When an approved learning opportunity is to commence on or after the effective date of an Employee's resignation or dismissal, the Employee will either cancel the training or fully repay to the Employer all monies already paid on his/her behalf. The Employee will be fully responsible for all costs associated with the cancellation.

19.09 Where, by no later than February 1, utilization figures indicate that there will likely be an unused portion of the Fund in that fiscal year, the Director of Individual and Organizational Effectiveness and NASA will jointly agree to:

(a) adjust individual maximum entitlements for that fiscal year up to a maximum entitlement of $1,500, and/or

(b) use the unused portion to fund the development of learning opportunities for Employees.