Master Agreement Between the Government of the Province of Alberta and the Alberta Union of Provincial Employees
37.01
An Employee shall not take vacation leave without prior authorization from the Employer.
37.02
An Employee hired into a permanent or temporary salaried position shall receive five (5) work days’ vacation credited at the date of commencement.
(a)
Vacation credited in this Clause shall be taken by the Employee no later than the end of the second calendar year of employment.
(b)
Should an Employee terminate employment prior to the end of their first year (12 full calendar months) of employment and have taken the vacation credit, the Employee will be required to pay back the amount of the vacation credit at the rate of 5/12 work days for each full calendar month as per the formula below: Vacation credit owed = five (5) work days’ vacation credit – (5/12 x number of months worked in the first year of employment).
37.03
Vacation entitlements is earned and accumulated each full calendar month. The Employee can take vacation as it is earned. Earning rate changes in the month following the month vacation service threshold is reached. Vacation thresholds and entitlements with pay, shall be as follows:
An Employee who has completed less than twelve (12) full months' service as of December 31st, shall receive one and one-quarter (1 1/4) work days' vacation for each calendar month worked from the commencement of the Employee’s service, provided that when employment has commenced on or before the fifteenth (15th) day of any month, the Employee shall earn vacation entitlements from the first day of that month and when employment has commenced on or after the sixteenth (16th) day of any month, the Employee shall earn vacation entitlements from the first day of the following month.
An Employee shall earn fifteen (15) work days of vacation at a rate of 1 ¼ work days per calendar month, during 12 full months of service.
(c)
An Employee who has completed five (5) full years of service in the following month, will begin earning twenty (20) work days' vacation at the rate of 1 2/3 work days per calendar month.
(d)
An Employee who has completed thirteen (13) full years of service in the following month, will begin earning twenty-five (25) work days' vacation at the rate of 2 1/12 work days per calendar month.
(e)
An Employee who has completed twenty-one (21) full years of service in the following month, will begin earning thirty (30) work days' vacation at the rate of 2 1/2 work days per calendar month.
(f)
An Employee who has completed thirty (30) full years of service in the following month, will begin earning thirty-five (35) work days' vacation at the rate of 2 11/12 work days per calendar month.
37.04
All calculations which result in one-quarter or three-quarters work day fractions shall be rounded out to the next half or full day, whichever applies, except when vacation pay is paid out upon termination pursuant to Clause 37.12.
37.05
If one or more paid holidays falls during an Employee's annual vacation period, another day or days may be added at the end of the vacation period or at a time authorized by the Employer.
37.06
An Employee shall earn vacation leave pursuant to Clause 37.03 when authorized, during the following absences:
financially assisted Education Leave;
the first forty-four (44) consecutive work days of sick leave or absence during Workers' Compensation Supplement; and
any other leave of absence with or without pay for the first twenty-two (22) work days.
37.07
Vacation leave may be taken in one continuous period or in separate periods.
37.08
Vacation leave in respect of each year of service shall be taken as earned or as follows:
(i)
within sixteen (16) months after the end of that year; and
(ii)
at such time or times as may be approved by the Employer.
If urgent duties prevent an Employee from taking vacation leave or part thereof within the sixteen (16) month period specified by Sub-Clause (a) of this Clause, the Employee shall take that leave within the six (6) months following that period.
If an Employee, for sufficiently valid personal reasons, wishes to take vacation leave or part thereof within six (6) months after the end of the sixteen (16) month period specified in Sub-Clause (a) of this Clause, the Employee shall be permitted to do so at such time or times as the Employer may approve.
Vacation leave shall normally not be postponed as provided by (b) and (c) of this Clause in two (2) successive years.
When vacation leave is taken within the last four (4) months of the sixteen (16) month period specified in Sub-Clause (a) or is postponed as provided by Sub-Clause (b) or (c), it may be taken immediately before the next period of vacation leave to which the Employee is entitled.
37.09
Where an Employee is allowed to take any leave of absence, other than sick leave in conjunction with a period of vacation leave, the vacation leave shall be deemed to precede the additional leave of absence, except in the case of maternity leave which may be authorized before or after vacation leave.
37.10
Once vacations are authorized they shall not be changed, other than in cases of emergency, except by mutual agreement.
37.11
An Employee who fails to return to work following the last day of authorized vacation leave shall be considered to have absented themself from employment and the provisions of Clause 13.06 shall apply.
37.12
An Employee shall not be paid cash in lieu of vacation earned, except upon termination in which case the Employee shall receive vacation pay for such vacation earned but not taken. Upon termination an Employee shall receive vacation pay for such vacation earned but not taken.
37.13
The Employer shall, subject to the operational requirements of the Department, make every reasonable effort to grant an Employee, upon request, at least two (2) weeks of the Employee’s annual vacation entitlement during the summer months.