Directive on Terms and Conditions of Employment – Executives (MGT, RLE and LC)

1. Effective Date

This directive takes effect on April 1, 2020.

2. Application

This directive applies to all indeterminate employees (full-time or part-time) and term employees over three months who are classified as Executives (MGT, RLE and LC).

3. Context

This directive supports the Human Resources Policies and Procedures by providing direction to management and staff that will ensure the equitable, accurate, consistent, transparent and timely application of terms and conditions of employment across the organization. The Appendices to this directive provide direction to the organization on the administration of terms and conditions of employment. It identifies mandatory requirements for the application and administration of all terms and conditions of employment that are in place for employees classified as Executives.

This directive is to be read in conjunction with CNSC policies and related directives and procedures as stipulated under Section 8.

4. Definitions

Definitions to be used in the interpretation of this directive are provided in Appendix A.

5. Directive Statement

5.1      Objective

The objective of this directive is to ensure sound, consistent and effective practices with respect to the administration of terms and conditions of employment for executives across the CNSC.

5.2      Expected Results

The expected results of this directive are:

• Persons appointed to the CNSC receive appropriate monetary and non-monetary compensation; and
• Terms and conditions of employment for executives are administered in an equitable, accurate, consistent, transparent and timely manner.

6. Roles and Responsibilities

6.1      Human Resources Directorate is responsible for:

• Providing advice and guidance to the delegated managers and the executives on the  application and interpretation of this directive; and
• Ensuring the resources, systems, service standards and controls are in place for the application and timely administration of the terms and conditions of employment as set out in the Appendices of this directive.

6.2      Delegated managers are responsible for:

• Providing executives with information regarding their terms and conditions of employment in this directive and the associated policies;
• Ensuring that the approval of compensation requests is consistent with this directive; and
• Ensuring that appropriate documented authorities are provided to the Human Resources Directorate in a timely manner.

6.3      Executives are responsible for:

• Ensuring that they are aware of this directive and associated policies; and
• Ensuring that their compensation requests under this directive are submitted in advance to their manager for approval.

7. Monitoring

The application of this directive will be monitored by the Workplace Wellness, Compensation and Resourcing Division (WWCRD) of the Human Resources Directorate. In addition, the directive will be subject to periodic review to ensure that it meets the needs and requirements of the CNSC.

8. References

8.1 Relevant Legislation

• Public Service Labour Relations Act
• Public Service Superannuation Act
• Financial Administration Act
• Employment Insurance Act

8.2   Relevant CNSC Policy Instruments/Publications

• Guidelines on the Performance Management Program for Executives
• Directive on Membership Fees
• Pre-retirement Transition Leave Directive
• Travel Directive
• Relocation Directive

9. Enquiries

Please direct enquiries about this directive to the Workplace Wellness, Compensation and Resourcing Division (WWCRD) of the Human Resources Directorate.

Appendix A – Definitions

Acting Assignment means a situation where an executive is required to perform temporarily the duties of a higher classification level for at least the qualifying period specified in the terms and conditions of employment applicable to the executive’s substantive level.

Continuous employment has the same meaning as defined in the Directive on Terms and Conditions of Employment applicable to employees in the core public administration.

Daily rate of pay means an executive’s annual rate of pay divided by 260.88.

Day of rest means a day other than a designated paid holiday on which the executive is not ordinarily required to perform the duties of his position other than by reason of his being on leave.

Designated paid holiday means the 24 hour period commencing at 00:01 hour of a day designated as a holiday in this document.

Economic Adjustment means a change in the rates of pay applicable to a group and level.

Employee means a person so defined by the Federal Public Service Labour Relations Act.

Employer means the Canadian Nuclear Safety Commission.

Hourly rate of pay means a full-time executive’s annual rate of pay divided by 1956.6.

Leave means authorized absence from duty.

Part-time is the situation whereby a person is ordinarily required to work more than one third of but less than the normal scheduled weekly hours of work established for persons doing similar work.

Service means continuous and discontinuous employment with any organization that is subject to the Financial Administration Act or continuous and discontinuous employment with any organization for which the individual was contributor under the Public Service Superannuation Act.

Spouse means the person married to the executive or a person living in a conjugal relationship with an executive for a continuous period of at least one year as common law-partner.

Weekly rate of pay means an executive’s annual rate of pay divided by 52.176.

Appendix B – Non-Salary Elements of Executive Compensation

1. Hours of Work

2. Banked Time

3. Designated Paid Holidays

4. Annual Leave

5. Sick Leave

6. Family-Related Leave

7. Bereavement Leave

8. Personal Leave

9. Court Leave

10. Examination Leave

11. Maternity / Parental Leave Without Pay and Allowance

12. Leave Without Pay for Care of Immediate Family

13. Compassionate Care Leave

14. Education Leave Without Pay and Education Allowance

15. Leave Without Pay for Relocation of Spouse

16. Leave Without Pay for Personal Needs

17. Other Leave With and Without Pay

18. Exceptional Leave With Pay

19. Severance Benefits

20. Additional Benefits

Notes:

Term Executives

Term executives are entitled to leave with pay provisions outlined below in each of the sections as applicable. Where there are no individual references made to term executives, it is deemed that the term executive receives the same entitlements as an indeterminate executive.

Part-time Executives

Unless otherwise stated in the provisions below, all part-time executives earn leave with pay in the same proportion as their normal weekly hours compared with the normal weekly hours of work of a full-time executive (pro-rated).

1.         Hours of Work

1.1    General

The normal work week shall consist of 37.5 hours over a five-day period, and the scheduled work day shall be 7.5 consecutive hours, exclusive of a meal period between the hours of 06:00 and 18:00, subject to operational requirements. The normal work week shall be Monday to Friday inclusive.

Note: An executive is not entitled to payment for overtime hours.

1.2      Days of Rest

An executive will be granted two consecutive days of rest during each seven day period unless operational requirements do not so permit.

1.3    Time Accounting Report

All executives must complete a Time Accounting Report accurately detailing the time worked based on the Time Accounting Code guide relevant for the period in question. To enable the CNSC to meet its cost-recovery obligations, all executives must submit the Time Accounting Report as soon as possible following the period in question as prescribed by the Employer.

2.         Banked Time

a.   Banked time means periods of time worked in excess of 7.5 hours in any normal work day, or time worked on a day of rest or on a designated holiday, where an employee voluntarily works, with authorization, up to a maximum of 37.5 hours. Such accumulation of extra hours must be on productive work.

b.   Banked time can be accumulated in multiples of 15 minute periods. The current limit of 37.5 hours at any given time must be maintained. The time is accumulated in leave credits.

c.   Banked time leave may not be utilized without first being accumulated. Banked time leave must be approved prior to using it.

d.   Employees who have accumulated banked time may utilize that time during the core hours with prior approval and subject to operational requirements, except where it is used to cover an absence due to either illness or other unforeseen circumstance for which other leave credits are not available.

e.   Banked time cannot be converted to cash at any time.

3.         Designated Paid Holidays

3.1    General

Every full-time executive is entitled to a holiday with pay on each of the following designated holidays falling within his/her period of employment:

• New Year’s Day
• Good Friday
• Easter Monday
• Day fixed by proclamation of the Governor-in-Council for the celebration of the Sovereign’s Birthday
• Canada Day
• Labour Day
• Thanksgiving Day
• Remembrance Day
• Christmas Day
• Boxing Day
• One additional day each year recognized to be a provincial or civic holiday in the area where the CNSC premises are located. Where no such day is recognized as such, it shall be the first Monday in August
• One additional day when proclaimed by an Act of Parliament as a national holiday.

3.2    Holiday on a Day of Rest

a.    When a designated holiday coincides with a day of rest, the holiday is moved to the first scheduled working day following the day of rest.

b.    When special circumstances or the nature of the duties require an executive to work on the first working day immediately following a designated holiday that coincides with a day of rest, the executive is entitled to and shall be granted leave of absence with pay at some other time as the executive’s manager authorizes.

3.3    Holiday During Leave

a.    When a designated holiday falls within a period of leave with pay, the designated holiday shall not be deducted from the executive’s leave credits.

b.    An executive who is on leave without pay on both the working day immediately preceding and the working day immediately following a designated holiday, is not entitled to receive pay for the designated holiday.

c.    An executive is not paid for a designated holiday when that executive is absent without approved leave.

3.4      Compensation for Part-time Executives

a.    A part-time executive shall not be paid for the designated holidays but shall, instead be paid a premium of 4.25% for all straight-time hours worked during the period of part-time employment.

4.         Annual Leave

4.1    General

a.    Annual leave is granted to an executive each fiscal year to permit a rest from duty. Leave credits are earned on a monthly basis on a fiscal year cycle.

b.    Annual leave credits are calculated on a sliding scale based on the number of years of service with the CNSC. These credits are advanced to each indeterminate executive and each executive hired for a term of more than six months at the beginning of the fiscal year. Any executive hired for a period of at least three months is entitled to annual leave with pay to the extent of the executive’s earned credits. An executive hired for six months or more is entitled to receive an advance of credits equivalent to the anticipated credits for the current fiscal year.

c.    Annual leave is credited at the beginning of each fiscal year. Credits include any additional days that the executive would become eligible for during the coming fiscal year. Credits will be granted for any month in that fiscal year during which the executive has received pay for at least 10 working days.

4.2    Accumulation of Annual Leave

Annual leave credits shall be provided at the following rate:

a.    20 days annually until the month in which the executive’s tenth (10th) anniversary of service occurs;

b.    21 days annually commencing the month in which the executive’s tenth (10th) anniversary of service occurs;

c.    22 days annually commencing the month in which the executive’s twelfth (12th) anniversary of service occurs;

d.    23 days annually commencing the month in which the executive’s fourteenth (14th) anniversary of service occurs;

e.    24 days annually commencing with the month in which the executive’s sixteenth (16th) anniversary of service occurs;

f.     25 days annually commencing with the month in which the executive’s eighteenth (18th) anniversary of service occurs;

g.    26 days annually commencing with the month in which the executive’s twentieth (20th) anniversary of service occurs;

h.    27 days annually commencing with the month in which the executive’s twenty-second (22nd) anniversary of service occurs;

i.      28 days annually commencing with the month in which the executive’s twenty-fourth (24th) anniversary of service occurs;

j.      29 days annually commencing with the month in which the executive’s twenty-sixth (26th) anniversary of service occurs;

k.    30 days annually commencing with the month in which the executive’s twenty-eighth (28th) anniversary of service occurs.

4.3    At the date of employment

At the date of employment, an indeterminate executive who had an annual leave entitlement of 20 days or more with a previous employer may be granted the same entitlement as long as the following criteria are met.

1. The prior period of employment at a former employer can not be separated by a break in employment of more than one year;
2. The executive must obtain a written confirmation of their entitlements from their previous employer to the satisfaction of the employer, with the exception of federal public servants since the personnel file will be transferred to the CNSC and confirmation can be made from the file; and
3. The entitlement from the previous employer does not exceed 30 days, in which case the entitlement will be reduced to that level.

4.4    Recognition of Prior Service in the Canadian Forces for the Calculation of Annual Leave Entitlements

Effective April 1, 2012 on a go forward basis, any former service in the Canadian Forces for a continuous period of six (6) months or more, either as a member of the Regular Force or of the Reserve Force while on Class B or C service, shall also be included in the calculation of annual leave entitlements.

4.5    Unused Annual Leave Credits

Where in any vacation year an executive has not used all the annual leave credited to the executive, the unused portion of annual leave shall be carried over up to a maximum of two times their current annual leave credits. Annual leave credits in excess of this maximum will be paid out at the rate of pay for the executive’s substantive position in effect on the March 31^st immediately preceding the payout, subject to the availability of funds.

4.6    Payment in Lieu of Annual Leave

a.    Executives may request pay (subject to the availability of funds) in lieu of earned but unused annual leave credits by sending an e-mail to their manager, who will forward the request with appropriate approval to the designated Compensation Advisor. Payment for the unused annual leave credits would be at the rate of pay for the Executive’s substantive position at the time of request.

b.    When an executive dies or otherwise ceases to be employed by the CNSC, the executive or the executive’s estate, in the case of a deceased executive, shall be paid an amount equal to the product obtained by multiplying the number of days earned but unused annual leave with pay to the executive’s credit by the daily rate of pay from the executive’s substantive position on the date of termination of employment.

c.    In the event of termination of employment for reasons other than death, medical retirement or lay-off, the Employer shall recover from any monies owed, the executive an amount equivalent to unearned annual leave taken by the executive, calculated on the basis of the rate of pay applicable to the executive’s substantive position on the date of termination.

d.    Where, upon return to work from annual leave, an executive requests sick leave (on the production of a medical certificate) or other leave, the period of annual leave in question will be credited to the executive’s annual leave account. The request must first be approved by the executive’s manager.

4.7    Recall from Annual Leave or Banked Time Leave

Where, during any period of annual or banked time leave, an executive is recalled to duty, the executive shall be reimbursed for reasonable expenses, as normally defined by the Employer, incurred:

1. in proceeding to the executive’s place of duty, and
2. in returning to the place from which the executive was recalled if the executive immediately resumes annual or banked time leave upon completing the recall assignment, after submitting such accounts as are normally required by the Employer.

The executive shall not be considered as being on annual or banked time leave during any period in respect of which the executive is entitled under 4.6 to be reimbursed for reasonable expenses incurred by the executive.

4.8    Cancellation of Annual Leave or Banked Time Leave

When the Employer cancels or alters a period of annual or banked leave which it has previously approved in writing, the Employer shall reimburse the executive for the non-refundable portion of vacation contracts and reservations made by the executive in respect of that period, subject to the presentation of such documentation as the Employer may require. The executive must make every reasonable attempt to mitigate any losses incurred and will provide proof of such action, when available, to the Employer.

4.9    One-Time Vacation Leave

a.   After the completion of one (1) year’s continuous employment with either the CNSC or the Federal Public Service or its agencies, employees shall be credited with a one-time entitlement of thirty-seven and a half (37.5) hours of annual leave with pay.

b.   The annual leave credits provided for in section 4.8 (a) shall be excluded from the application of section 4.4 dealing with Unused Annual Leave Credits.

5.         Sick Leave

5.1    General

Sick leave with pay is granted, to the extent of accumulated credits, to an executive who is unable to work as a result of sickness or non-work-related injury.

5.2    Accumulation of Sick Leave

An executive shall earn sick leave credits at a rate of 9.375 hours for each calendar month for which the executive receives pay for at least ten days.

5.3    Utilization of Sick Leave Credits

a.    An executive shall be granted sick leave with pay when the executive is unable to perform his/her duties because of illness or injury provided that:

• the executive satisfies the Employer of this condition in such a manner as may be determined by the Employer; and
• the executive has the necessary sick leave credits.

b.    Unless otherwise informed by the Employer, a statement signed by the executive stating that because of illness or injury the executive was unable to perform their duties, shall, when delivered to the Employer, be considered as meeting the requirements of above.

c.    Notwithstanding the above paragraph, if the Employer considers it necessary, he may request that an executive produce a medical certificate to support any application for sick leave.

d.    Sick leave with pay shall not be granted during any period in which an executive is on leave of absence without pay or under suspension.

e.    If an executive is granted sick leave with pay and injury-on-duty leave is subsequently approved for the same period, the executive’s sick leave credits shall be restored.

5.4    Advancement of Sick Leave Credits

Where an executive is unable to perform his/her duties because of sickness or injury and he/she has insufficient sick leave credits to cover the period of illness, the executive may, with the approval of the Employer, be granted sick leave credits in advance up to a maximum of 25 days, subject to the deduction of such advanced leave from any leave credits subsequently earned.

In the event of termination of employment for reasons of death, medical retirement or lay-off, an employee with at least two years of continuous service at the CNSC has taken more sick leave than earned, that employee is deemed to have earned such leave.

6.         Family-Related Leave

6.1  General

The total leave with pay which may be granted for family-related responsibilities shall not exceed five days in a fiscal year.

For the purpose of this type of leave, family is defined as:

1. Spouse (or common-law spouse residing with the employee);
2. Dependent children (including children of legal or common-law spouse, foster children residing with the employee and ward of the employee);
3. Parents (including stepparents or foster parents), father-in-law, mother-in-law;
4. Brother, sister, step-brother, step-sister;
5. Grandparents and grandchildren of the employee;
6. Any relative permanently residing in the employee’s household or with whom the employee permanently resides, or
7. Any relative for whom the employee has a duty of care, irrespective of whether they reside with the employee; or
8. A person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee.

This type of leave shall be granted under the following circumstances:

• To take a dependent family member for medical or dental appointments, or for appointments with school authorities or adoption agencies. A dependent family member is a family member who is incapable of attending the appointment unaccompanied;
• To provide for the immediate and temporary care of a sick member of the employee’s family and to provide an employee with time to make alternate care arrangements where the illness is of a longer duration;
• To provide for the immediate or temporary care of an elderly family member/child of the employee’s family;
• For needs directly related to the birth or the adoption of the employee’s child, which may be divided into two periods and granted on separate days;
• To attend school functions, if the supervisor was notified of the functions as far in advance as possible;
• To provide for the employee’s child in the case of an unforeseeable closure of the school or daycare facility; or
• 7.5 hours out of the 37.5 hours stipulated above may be used to attend an appointment with a legal or paralegal representative for non-employment related matters, or with a financial or other professional representative, if the supervisor was notified of the appointment as far in advance as possible.

6. 2 Domestic Violence Leave

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

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

b.      Upon request, an employee who is subject to domestic violence or who is the parent of  a dependent child who is subject to domestic violence from someone with whom the employee has or had an intimate relationship shall be granted domestic violence leave in order to enable the employee, in respect of such violence:

1. to seek care and/or support for themselves or their dependent child in respect of a physical or psychological injury or disability;
2. to obtain services from an organization which provides services for individuals who are subject to domestic violence;
3. to obtain professional counselling;
4. to relocate temporarily or permanently; or
5. to seek legal or law enforcement assistance or to prepare for or participate in any civil or criminal legal proceeding.

c.      The total domestic violence leave with pay which may be granted under this article shall not exceed seventy-five (75) hours in a fiscal year.

d.      The Employer may, in writing and no later than fifteen (15) days after an employee’s return to work, request the employee to provide documentation to support the reasons for the leave. The employee shall provide that documentation only if it is reasonably practicable for them to obtain and provide it.

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

7.         Bereavement Leave

a.    For the purpose of this leave, immediate family is defined as father, mother (or alternatively stepfather, stepmother or foster parent), brother, sister, spouse (including common-law spouse resident with the employee), child (including child of common-law spouse), stepchild or ward of the employee, grandchild, grandparent, father-in-law, mother-in-law, and relative permanently residing in the employee’s household or with whom the employee permanently resides or, subject to paragraph (f) below, a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee.

b.    Bereavement leave may be granted for a maximum of up to five working days for bereavement in the employee’s immediate family. This leave may be divided in two periods and granted on separate days when the day of the funeral and the service occur at different times. In addition, the employee may be granted up to three working days with pay for the purpose of travel related to the death.

c.    Bereavement leave may be granted for up to one day in the event of the death of an employee’s son-in-law, daughter-in-law, brother-in-law or sister-in-law.

d.    It is recognized that the circumstances which call for leave in respect of bereavement vary on an individual basis. On request, and in consideration of the particular circumstances involved, managers may grant leave with pay for a period greater than the above or for persons other than those listed above.

e.    If, during a period of paid leave, an employee is bereaved in circumstances under which he or she would have been eligible for bereavement leave with pay, the employee shall be granted bereavement leave with pay and his or her paid leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.

f.     An employee shall be entitled to bereavement leave with pay for a person who stands in the place of a relative for the employee whether or not there is a degree of consanguinity between such person and the employee only once during the employee’s total period of employment in the public service.

8.         Personal Leave

a.    An executive shall be granted, in each fiscal year, three (3) days of leave with pay for reasons of a personal nature.

b.    Subject to operational requirements as determined by the Employer, the scheduling of the leave has to be at a time convenient to both the executive and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such times as requested by the executive.

c.    This leave with pay cannot be transferred from one fiscal year to the next.

9.         Court Leave

Executives are entitled to leave with pay for jury duty and appearing before any body authorized by law to compel the attendance of witnesses, when summoned or subpoenaed to do so.

10.       Examination Leave

Executives that are registered in courses outside of working hours, where the course of study is directly related to the executive’s duties or will improve the executive’s qualifications, may take leave in order to write exams that are related to the course work. This time shall not include hours to study or prepare for the exams.

11.       Maternity/Parental Leave Without Pay and Allowance

An executive who becomes pregnant shall, upon request, be granted maternity leave without pay, for a period beginning before, on or after the termination date of the pregnancy and ending not later than 18 weeks after the termination date of pregnancy. The Employer may require an executive to submit a medical certificate certifying pregnancy.

Detailed information can be found in Appendix D – Maternity Leave and Allowance/Parental Leave and Allowance.   (ADD LINK)

12.       Leave Without Pay for Care of Immediate Family

Subject to operational requirements, an employee may be granted leave without pay for the care and nurturing of the employee’s pre-school age children; or the long term care of an ill or aged parent or a disabled child or other family permanently residing in the employee’s household or with whom the employee permanently resides or a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee in accordance with the following conditions:

1. an executive shall notify the Employer in writing four weeks in advance of the commencement date of such leave;
2. leave granted under this clause shall be for a minimum period of three weeks;
3. the total leave granted under this clause shall not exceed five years during an executive’s total period of employment in the Public Service; and
4. leave granted under this clause for a period of more than three months shall be deducted from the calculation of “service” for the purpose of calculating severance pay and vacation leave.

13.       Compassionate Care Leave

a.    An employee who provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) benefits for Compassionate Care Benefits, Family Caregiver Benefits for Children and/or Family Caregiver Benefits for Adults may be granted leave without pay while in receipt of or awaiting these benefits.

b.    The leave without pay under this provision shall not exceed twenty-six (26) weeks for Compassionate Care Benefits, thirty-five (35) weeks for Family Caregiver Benefits for Children and fifteen (15) weeks for Family Caregiver Benefits for Adults, in addition to any applicable waiting period.

c.    When notified, an employee who was awaiting benefits must provide the Employer with proof that the request for Employment Insurance (EI) Compassionate Care Benefits, Family Caregiver Benefits for Children and/or Family Caregiver Benefits for Adults has been accepted.

d.    When an employee is notified that their request for Employment Insurance (EI) Compassionate Care Benefits, Family Caregiver Benefits for Children and/or Family Caregiver Benefits for Adults has been denied, clause above ceases to apply.

e.    Leave granted under this clause shall count for the calculation of “continuous employment” for the purpose of calculating severance pay and “service” for the purpose of calculating vacation leave. Time spent on such leave shall count for pay increment purposes.

14.       Education Leave Without Pay and Education Allowance

a.    An executive may be granted education leave without pay for periods of up to four (4) years, to attend a recognized institution for study in some field of education to enable the executive to fill a present or future role related to the needs of the Employer more adequately.

b.    At the sole discretion of the Employer, an executive on educational leave without pay may receive an educational allowance in lieu of salary of up to (100%) of the executive’s basic salary provided that, where he/she receives a grant, bursary or scholarship, the educational leave allowance shall accordingly be reduced. In such cases the amount of the reduction shall not exceed the amount of the grant, bursary or scholarship. The percentage of this allowance is at the discretion of the Employer and must be agreed to in writing between the Employer and the executive prior to the allowance being approved.

c.    An allowance already being received by the executive may, at the discretion of the Employer, be continued during the period of the education leave. The executive shall be notified when the allowance is approved whether such an allowance is to be continued in whole or in part.

d.    If the executive, except with the permission of the Employer,

1. fails to pass or complete the course,
2. does not resume employment with the Employer on completion of the course, or
3. ceases to be employed, except by reason of death or lay-off, before termination of the period the executive has undertaken to serve after completion of the course, shall repay the Employer all allowances paid under this clause during the education leave, or such lesser sum as shall be determined by the Employer.

Education leave without pay shall be counted for the calculation of “service” for the purpose of calculating severance pay and vacation leave.

15.       Leave Without Pay for Relocation of Spouse

a.    Leave without pay for a minimum period of three months and a maximum period of one year may be granted to an executive whose spouse is permanently relocated and up to five years to an executive whose spouse is temporarily relocated.

b.    Leave granted under this clause for a period of more than three months shall be deducted from the calculation of “service” for the purpose of calculating severance pay and vacation leave.

16.       Leave Without Pay for Personal Needs

a.    Subject to operational requirements, leave without pay for a period of up to three months may be granted to an executive for personal needs.

b.    Subject to operational requirements, leave without pay of more than three months but not exceeding one year may be granted to an executive for personal needs.

c.    Leave without pay granted under (a) shall be counted for the calculation of “service” for the purpose of calculating severance pay and vacation leave.

d.    Leave without pay granted under (b) shall be deducted from the calculation of “service” for the purpose of calculating severance pay and vacation leave for the executive involved.

17.       Other Leave With and Without Pay

At its discretion, the Employer may grant leave with pay or without pay for purposes other than those specified above.

If the leave is primarily in the interest of the CNSC, the whole duration of the leave without pay is counted as service for the purpose of calculating vacation leave entitlement and severance pay. An example where this might apply includes assignments with an international agency.

18.       Exceptional Leave With Pay

Executives are eligible for exceptional leave with pay, as the delegated manager considers appropriate, for a period of up to five (5) days in one fiscal year.  Examples of such leave are situations where executives are required to work excessive hours over a prolonged period of time (when it is not a normal requirement of the positon).

Under exceptional circumstances, the delegated manager may approve exceptional leave with pay for a period exceeding the five (5) day. The request for such leave needs to be substantiated.

Leave granted as exceptional leave with pay may be carried over into the next fiscal year and is to be used within six months of being granted.

19.       Severance Benefits

19.1       General

Under the following circumstances and subject to paragraph 19.2, an executive shall receive severance benefits calculated on the basis of the executive’s weekly rate of pay for the executive’s substantive position on the last day of employment:

a.    Lay-off

Executives who have at least one year of service in the Public Service and who are laid off from the CNSC, shall receive severance pay equal to one week's pay for each completed year of service, and in the case of a partial year of service, one weeks’ pay multiplied by the number of days of service divided by 365. The total amount of severance pay payable under this provision shall not exceed 30 weeks' pay.

b.    Death

If an executive dies, the estate shall be paid an amount equal to one week's pay for each completed year of service in the Public Service to maximum of 30 years.

c.    Release for Incapacity

Executives who have completed at least one year of service in the Public Service and cease to be employed by the CNSC by reason of release for incapacity shall be paid severance pay equal to one week's pay for each completed year of service to a maximum of 28 weeks.

d.    Release for Incompetence

Executives who have completed at least ten years of service in the Public Service and cease to be employed by the CNSC by reason of release for incompetence shall be paid severance pay equal to one week's pay for each completed year of service to a maximum of 28 weeks.

e.    Rejection while on Probation

Executives who have not completed at least one year of service in the Public Service and who are terminated at any time during their probationary period are not entitled to severance pay.

Executives who have completed at least one year of service in the Public Service and are terminated at any time during their probationary period, severance pay will be calculated based on one week's pay for each completed year of service in the Public Service up to a maximum of 27 weeks' pay.

f.     Release on Grounds of Misconduct and Abandonment

Executives who are released on grounds of misconduct or abandon their position are not entitled to severance pay.

g.    Retirement or Resignation

As of October 1, 2011 severance benefits for resignation and retirement ceased to accumulate. Executives, who selected to defer the payment of their accumulated severance pay as of October 1, 2011 until the end of employment, will be paid that accumulation upon resignation or retirement from the Public Service.

19.2     Severance Benefits

Severance benefits payable to an executive under 20.1 shall be reduced by any period of service in respect of which the executive was already granted any type of termination benefit by the Public Service, a Federal Crown Corporation, the Canadian Forces or the Royal Canadian Mounted Police. Under no circumstances shall the maximum severance pay provided under 20.1 be pyramided.

19.3     Part-time Employment

Where period of service consists of full-time and part-time service or part-time service only, the number of years of service for severance pay purposes shall be calculated as follows: all periods of full-time service shall be consolidated. Then, all periods of part-time service shall be converted to full-time service and added to the years of full-time service. The total years of service shall then be reduced, if necessary, to the allowable maximum number of years that may be paid for the particular type of termination.

19.4     Income Tax

Severance pay is taxable as income in the year it is paid.

20.       Additional Benefits

Executives may be entitled to other benefits for which the Employer is responsible. Benefits of most common interest are referenced at the following links on BORIS:

• Public Service Pension Plan
• Disability Insurance Plan
• Dental Care Plan
• Public Service Health Care Plan
• Public Service Management Insurance Plan

Notes on Benefit Coverage on Leave Without Pay (LWOP)

An executive proceeding on leave of absence without pay must make arrangements with their Compensation Advisor to maintain coverage and contributions during the period of LWOP, where necessary.

Appendix C – Salary Elements of Executive Compensation

1. Economic Salary Adjustment

2. Performance Increments and Awards

3. Pay Administration Rules

4. Executive Allowance

Notes:

Term Executives

Term executives are entitled to pay provisions outlined below in each of the sections as applicable. Where there are no individual references made to term executives, it is deemed that the term executive receives the same entitlements as an indeterminate executive.

Part-time Executives

Unless otherwise stated in the provisions below, all part-time executives are entitled to pay provisions outlined below in the same proportion as their normal weekly hours compared with the normal weekly hours of work of a full-time executive (pro-rated).

1.         Economic Salary Adjustment

The economic salary adjustment is a change in the rate(s) of pay applicable to the salary scale for a group or level. Employees in the Executive group classified as MGT, or RLE1 to RLE4, receive the economic salary adjustment effective April 1st of each year. Employees in the Executive group classified as LC receive the economic salary adjustment effective May 10th of each year. Salary Bands for Executives

An executive absent on leave with or without pay is eligible for the full percentage increase of the economic salary adjustment.

The salary of an executive on leave without pay is recalculated for record purposes only to maintain the same position relative to the new salary maximum that existed within the old salary range.

The salary-based allowance (e.g. maternity, parental, education allowance) of an executive on leave without pay is adjusted to reflect the revision.

All salary calculations to base salary are rounded to the highest multiple of $50.00. Salary calculations ending in $50.00 remain at $50.00. Salary calculations to base salary within $100.00 of the maximum of the salary band will be brought to the maximum.

2.         Performance Increments and Awards

2.1      General

Performance awards are paid out to eligible executives as a result of the year-end performance assessments. Performance awards are paid in respect of the previous fiscal year from April 1st to March 31st and are calculated using March 31st salary. The performance award may consist of both an in-range salary movement and a lump sum, depending on an executive’s position in the salary range.

Pro-rated performance awards are calculated using salary on March 31st multiplied by the allocated percentage, divided by the number of months in a full assessment period (12) and then multiplied by the number of months being assessed.

Performance increments and awards will be administered as per the Guidelines on the Executive Performance Management Program. Term executives may be subject to a performance award as outlined in the Guidelines.

2.2    In-Range Movement

Progress of an executive’s salary within the salary range established for the position, up to the maximum, is affected by the extent to which the commitments were achieved as well as how they were achieved.

When an executive’s performance is assessed as Met All or Met All +, normal progression through the salary range would be 5% per year. In-range movement that exceeds 5% per year may be warranted when the executive’s performance has Exceeded expectations.  When an executive’s performance is assessed as Met Most the normal progression through the salary range would be 3% per year. An executive who has received an assessment of Did Not Meet or Unable to Assess is not eligible for in-range movement.

In-range increases to base salary are rounded to the highest multiple of $50.00.

2.3    Lump Sum Performance Awards

An executive who has received in-range movement is also eligible for a lump sum performance award for the achievement of their commitments. Executive salaries do not need to be at the salary range maximum in order for executives to receive lump sum performance awards.

Lump sum performance awards can be provided when an executive’s performance is at least a “Met Most Expectations” rating in relation to the achievement of their commitments. If deemed appropriate, the CNSC can provide no performance award for any rating level. No performance awards are provided to a rating of  Did Not Meet  or  Unable to Assess.

Every year, amounts for the performance awards are approved by the President. The total percentage the CNSC can spend on lump sum performance awards is based on the budget envelope for executives.

Lump sum performance awards for the achievement of commitments are rounded to the nearest $1.00.

Lump sum performance awards are re-earned each year, and do not increase an executive’s base salary.

3.         Pay Administration Rules

3.1      Promotion or Reclassification

The starting salary rate for candidates appointed, promoted or reclassified to a MGT, RLE or LC position will be positioned within the applicable salary range as determined by the classification level.

a.   Salaries will be positioned within the applicable salary range of the new position:

• to at least the minimum of the salary range; or
• to include an increase to the current salary of no more than 5% of the applicable maximum salary range of the new position.

b.   In exceptional circumstances, the President may approve an increase to the current salary of more than 5% of the maximum salary range of the new position. In determining the amount of increase, the following criteria should be considered:

• a comparison of internal salaries for relative positions within the CNSC;
• a review of the increase in the scope of responsibilities;
• the candidate’s qualifications in relation to the desirable qualifications for the advertised position;
• any automatic salary increases that would have been granted to the candidate in their former position during the balance of the calendar year for which they are hired; and
• the position of the hiring salary within the applicable range so that there is room for future in-range increases.

If an increase is above the applicable salary range of the new position, the amount above the salary range will be offered as a one-time lump sum payment. The lump sum payment on appointment is not considered for salary-related benefits such as insurances and superannuation, or for salary calculations on subsequent appointments.

The responsible manager staffing the position must prepare, in consultation with the Human Resources Directorate (HRD), a written justification outlining the request for any increase of more than 5% of the applicable salary range. HRD will provide advice and a recommendation to the President.

3.2    Transfers

A transfer occurs when an executive is appointed at the same classification level. Upon transfer, the executive's salary will remain unchanged.

3.3    Acting Assignments

When an executive is required by the Employer to substantially perform the duties of a higher classification level on an acting basis for a period of at least three consecutive months, the executive shall be paid acting pay calculated from the date on which the executive commenced to act as if the executive had been appointed to that higher classification level for the period in which the executive acts. Since the executive is only performing the duties of the acting position for a temporary period, the executive retains the terms and conditions of employment associated with their substantive position.

When a day designated as a paid holiday occurs during the qualifying period, the holiday shall be considered as a day worked for purposes of the qualifying period.

An executive in receipt of acting pay is entitled to a recalculation of the acting rate of pay when revisions or increments are due in the substantive level.

3.4    Appointment to a Lower Classification Level

a.   When an executive applies for a position that has a lower classification level than the executive’s current position, or when an executive is appointed to a lower classification level because of incompetence or incapacity, the executive’s salary will be adjusted by the greater of the following two options:

1. if the executive's current salary is within the salary range of the new position, the  executive’s salary will remain the same; or
2. if the executive’s current salary is higher than the maximum of the salary range of the new position, the executive’s salary will be reduced to the maximum of the salary range of the new position, as of the date of appointment.

The salary elements and non salary elements applicable to the lower level position take effect on the date of appointment.

b.   When an executive's position is abolished and the executive is offered and accepts an alternate position with a lower classification level, or the executive's position is reclassified to a lower level, the executive’s salary will be adjusted in accordance with Section 3.5.

3.5    Reclassification to a Level with a Lower Maximum Rate of Pay

Where an executive’s position is reclassified to a level with a lower maximum rate of pay, the executive is entitled to be paid as follows:

1. Should the executive’s salary be within the salary band of the new classification of the position, the executive’s salary shall remain the same.
2. Should the executive’s salary exceed the maximum of the range for the new classification of the position, the executive continues to be paid the existing rate of pay until such time as the maximum rate of pay for the executive’s level is equal to, or greater than, the executive’s salary or until the position is vacated.
3. The executive subject to paragraph (b) above shall receive the equivalent of the economic increase and any performance awards paid in the form of a lump sum payment.

Every reasonable effort will be made to transfer the executive to a position having a level equivalent to that of the former level of the position. In the event that an executive subject to paragraph (b) declines an offer of transfer to a position in the same geographic area, without good and sufficient reason, that executive shall be immediately paid at the rate of pay for the reclassified position.

4.         Executive Allowance

Executive are eligible to receive an allowance of $200.00 per month for each month the executive is on pay for 10 working days. This allowance allows executives to offset expenses related to transportation, commuting, additional computer equipment or other such expenses associated with maintaining a flexible work-life balance in a way that continues to provide ongoing support to the organization’s mandate and deliverables.

This taxable benefit does not form part of an executive’s base salary. This allowance shall be paid with every regular pay, except the pay period plus, and for each calendar month during which an executive is compensated for at least 10 working days.

Term executives are not entitled to the executive allowance.