Master Agreement Between the Government of the Province of Alberta and the Alberta Union of Provincial Employees
12.01
Employees may be laid off in accordance with the provisions of this Article.
12.02
For purposes of this Article the following definitions shall apply:
(a)
“lay-off”
- a temporary separation from employment with anticipated future recall
(b)
“seniority”
- the length of continuous employment with the Employer from the most recent date of hire
(c)
“similar employees”
- two (2) or more Employees having a common status performing the same or similar functions within a classification, at a location and work unit as determined by the Employing Department
(d)
“permanent status”
- status given to Employees occupying a permanent position
(e)
“temporary status”
- status given to Employees occupying a temporary position
(f)
“permanent employee”
- a permanent status Employee who has successfully completed the Employee’s probationary period.
12.03
Except in circumstances beyond the reasonable control of the Employing Department, the notice for the lay-off of Employees shall be as follows:
fourteen (14) calendar days for Employees having permanent status;
(b)
seven (7) calendar days for Employees having temporary status.
12.04
When similar Employees are to be laid off, the Employing Department shall lay off such Employees in reverse order of their seniority, providing those retained are qualified and able to perform the work remaining to be done.
12.05
The time spent by Probationary Employees on lay-off will be added to the probationary period at the time of recall.
12.06
An Employee may be recalled only to the position from which the Employee was laid off. In determining which of similar Employees are to be recalled to positions within a classification, at a location and work unit as determined by the Employing Department, recall shall be on the basis of the seniority of such similar Employees, provided the Employee recalled is qualified and able to perform the work that is available.
12.07
An Employee shall be responsible for providing the Employing Department with the Employee’s current address for recall purposes.
12.08
Seniority is lost, all rights are forfeited, and the Employing Department shall not be obliged to recall an Employee:
when the Employee resigns or employment is properly terminated; or
when the Employee does not return to work on recall within three (3) work days of the stated reporting date, or the Employee cannot be located after reasonable effort on the part of the Employing Department to recall the Employee; or
upon the expiry of one hundred and eighty (180) calendar days following lay-off during which time the Employee has not been recalled to work.
12.09
If a permanent Employee has not been recalled within one hundred and eighty (180) calendar days from the date of lay-off, the Employee shall be entitled to severance pay in the amount of one and one-half (1 ½) week's pay for each full year of continuous employment to a maximum of twenty-five (25) weeks' pay. Severance pay will not be paid to an Employee who resigned, retired, failed to return to work when recalled, or whose employment was properly terminated.
12.10
Excluding Clauses 15.01, 15.02 and 15.03, a permanent Employee who qualifies pursuant to Clause 15.04 shall be eligible for the remaining provisions of Article 15 should the Employee's position be abolished while on lay-off. A permanent Employee may choose to waive all of the applicable provisions of Article 15 by resigning in writing and receiving two (2) months' pay at the Employee's regular rate.
12.11
This Article does not apply to Temporary Employees whose employment is terminated at the end of a specific term of employment. This Article does not apply to Wage Employees.
12.12
An Employee who is laid off under this Article and who at the commencement of the lay-off is participating in the Long Term Disability Plan, the Government Employees' Prescription Drug Plan, the Government Employee's Group Extended Medical Benefits Plan, the Government Group Dental Plan or the Government Group Life Insurance Plan may elect to continue existing coverage under these Plans during the one hundred and eighty (180) calendar day lay-off period. If the Employee elects to maintain coverage the Employee shall submit both the Employer and Employee shares of the premium contributions in a fashion as determined by the Employer. If the Employee chooses not to continue to submit the total required premiums, coverage will cease and the Employee shall not be entitled to any benefits under these Plans.