13.01

An employee may request a leave of absence without pay and without accumulation of credits. A Deputy Minister shall not unreasonably deny such requests.

13.02.01

An employee shall be allowed up to three (3) days leave of absence with pay in the event of the death of their spouse, common-law spouse, same-sex spouse or partner, mother, father, stepmother, stepfather, mother-in-law, father-in-law, son, daughter, son-in-law, daughter-in-law, stepson, step-daughter, brother, sister, stepbrother, stepsister, brother-in-law, sister-in-law, ward, guardian, step-grandparents, step-grandchildren, grandchildren and the grandparents of the employee and spouse. “In-law” and “step” relationships listed in this Article include such relatives of a common-law spouse or same sex spouse or partner.

13.02.02

An employee shall be allowed one (1) day leave of absence with pay in the event of the death of their aunt, uncle, niece or nephew.

13.02.03

Necessary traveling time may be granted in accordance with Section 13.07.01 in the event of the death of a relative listed in Articles 13.02.01 or 13.02.02.

13.02.04

Bereavement leave will not be pro-rated for an employee in a Compressed Work Week arrangement.

13.03

Where an employee is absent by reason of a summons to serve as a juror or subpoena to serve as a witness, the employee shall treat the absence as leave with pay and pay to the Employer any fee that was received as a juror or witness.

13.03.02

(a) Where an employee is off work on approved STSP, LTIP, WSIB or pregnancy/parental leave and the Employer is aware that the employee is unable to attend court for medical reasons, the Employer will take necessary steps to advise the Crown and/or Court.

(b) Where an employee is off work on approved STSP, LTIP, WSIB or pregnancy/parental leave and the Employer is not aware that the employee is unable to attend court for medical reasons, the employee shall notify the Employer as soon as possible and the Employer will take necessary steps to advise the Crown and/or Court.

13.04.01

The Commissioner or Assistant Deputy Minister (as applicable) may grant a leave-of-absence for no more than one (1) week with pay and no more than one (1) week without pay in a fiscal year to an employee for the purpose of participating in Canadian Forces Reserve training.

13.04.02

An employee granted a leave of absence pursuant to Article 13.04.01 shall accrue credits during such leave.

13.05.01

The Commissioner or Assistant Deputy Minister (as applicable) shall grant leave of absence without pay to a pregnant employee who has served at least thirteen (13) weeks before the expected birth date including service as a Crown employee, as an employee of a Police force which is amalgamated with the OPP or as an employee of an Ontario First Nations Police Service immediately prior to her appointment to the regular service. The leave of absence shall be in accordance with the provisions of the Employment Standards Act, 2000.

13.05.02

Notwithstanding Article 12 (Short Term Sickness Plan), Article 17 (Vacations and Vacation Credits), Article 31 (Termination Payment) and Article 46 (Long Term Income Protection), vacation credits, seniority and service continue to accrue during the pregnancy leave.

13.05.03

An employee entitled to pregnancy leave under this Article, who provides the Employer with proof that they are in receipt of employment insurance pursuant to the Employment Insurance Act (Canada), shall be paid an allowance in accordance with the Supplementary Employment Benefit Plan.

13.05.04.01

In respect of the period of pregnancy leave which begins before January 1, 2020, payments made according to the Supplementary Employment Benefit Plan will consist of the following:

(a) for the first two (2) weeks, payments equivalent to ninety-three percent (93%) of the actual weekly rate of pay for her classification, which they were receiving on the last day worked prior to the commencement of the pregnancy leave, but which shall also include their progression on the wage grid and any negotiated or amended wage rates for their classification as they are implemented,

and

(b) up to a maximum of fifteen (15) additional weeks, payments equivalent to the difference between the sum of the weekly Employment Insurance benefits the employee is eligible to receive and any other earnings received by the employee, and ninety-three percent (93%) of the actual weekly rate of pay for their classification, which they were receiving on the last day worked prior to the commencement of the pregnancy leave, but which shall also include their progression on the wage grid and any negotiated or amended wage rates for their classification as they are implemented.

13.05.04.02

In respect of the period of pregnancy leave which begins on or after January 1, 2020 payments made according to the Supplementary Employment Benefit Plan will consist of the following:

(a) for the first one (1) week, payments equivalent to ninety-three percent (93%) of the actual weekly rate of pay for their classification, which they were receiving on the last day worked prior to the commencement of the pregnancy leave, but which shall also include their progression on the wage grid and any negotiated or amended wage rates for their classification as they are implemented,

and

(b) up to a maximum of fifteen (15) additional weeks, payments equivalent to the difference between the sum of the weekly Employment Insurance benefits the employee is eligible to receive and any other earnings received by the employee, and ninety-three percent (93%) of the actual weekly rate of pay for their classification, which they were receiving on the last day worked prior to the commencement of the pregnancy leave, but which shall also include their progression on the wage grid and any negotiated or amended wage rates for their classification as they are implemented,

and

(c) on production of proof that payments in accordance with employment insurance pursuant to the Employment Insurance Act, (Canada) have terminated, the employee shall be entitled to a further one (1) week of pregnancy leave with payment equivalent to ninety-three percent (93%) of the actual weekly rate of pay for their classification, which they were receiving on the last day worked prior to the commencement of the pregnancy leave, but which shall also include their progression on the wage grid and any negotiated or amended wage rates for their classification as they are implemented. This further one (1) week of leave must be taken immediately after the date when the EI benefits referenced in Article 13.05.04.02 (b) have terminated and prior to returning to the workplace.

(d) where an employee takes parental leave in conjunction with pregnancy leave, Article 13.05.04.02 (c) shall not apply.

13.05.05

Where an employee assigned to a vacancy in accordance with Article 16 (Health and Safety) is eligible to receive an allowance under this Article, and the salary rate they were receiving on the last day worked prior to the pregnancy leave is less than the salary rate they were receiving on the last day worked prior to the assignment, the allowance shall be based on the actual weekly rate of pay for their classification which they were receiving on the last day worked prior to the assignment.

13.05.06.01

Where the child in respect of whom the employee takes parental leave was born or came into the employee’s custody, care and control for the first time before December 3, 2017, an employee on pregnancy leave is entitled, upon application in writing to the Employer received at least two (2) weeks prior to the expiry of the leave, to a leave of absence without pay but with accumulation of credits for not more than thirty-five (35) weeks in accordance with the provisions of parental leave granted under Article 13.06 (Pregnancy Leave).

13.05.06.02

Where the child in respect of whom the employee takes parental leave was born or came into the employee’s custody, care and control for the first time on or after December 3, 2017, an employee on pregnancy leave is entitled, upon application in writing at least two (2) weeks prior to the expiry of the leave, to a leave of absence without pay but with accumulation of credits for not more than sixty one (61) weeks in accordance with the provisions of parental leave granted under Article 13.06 (Parental Leave).

13.05.07

An employee returning from a leave of absence under this Article to the ministry in which they were employed immediately prior to such leave shall be assigned to the position they most recently held if it still exists, or to a comparable position if it does not, and continue to be paid at the step in the salary range that they would have attained had they worked during the leave of absence.

13.05.08

An employee who has been assigned in accordance with Article 16 (Health and Safety) and who returns to their former ministry from a leave of absence under this Article, shall be assigned to the position they most recently held prior to the assignment under Article 16 (Health and Safety), if it still exists, or to a comparable position, if it does not, and continue to be paid at the step in the salary range that they would have attained had they worked during the leave of absence.

13.05.09

In accordance with Articles 13.05.04.01(a), 13.05.04.01(b), 13.05.04.02(a) and 13.05.04.02(b) and 13.05.05, the Supplementary Employment Benefit shall be based on the salary the employee was receiving on the last day worked prior to the commencement of the pregnancy leave, including any retroactive salary adjustment to which they may become entitled during the leave.

13.05.10.01

Where the pregnancy leave of a person who is not entitled to take parental leave began before January 1, 2018, the pregnancy leave ends on the later of (a) the day that is seventeen (17) weeks after the pregnancy leave began or (b) the day that is six (6) weeks after the birth, still birth or miscarriage of the child unless the employee chooses to end the leave earlier and submits a certificate from a legally qualified medical practitioner.

13.05.10.02

Where, the pregnancy leave of a person who is not entitled to take parental leave began on or after January 1, 2018, the pregnancy leave ends on the later of (a) the day that is seventeen (17) weeks after the pregnancy leave began or (b) the day that is twelve (12) weeks after the birth, still birth or miscarriage of the child unless the employee chooses to end the leave earlier and submits a certificate from a legally qualified medical practitioner.

13.05.11

Employees shall have no vested right to payments under the Supplementary Employment Benefit Plan with the exception of payments made during a period of unemployment as specified in this Article.

13.05.12

Payments in respect of guaranteed annual remuneration, deferred remuneration, or severance pay shall not be reduced or increased by payments received under the Supplementary Employment Benefit Plan.

13.06.01

For the purpose of this Section, “Parent” includes a birth parent, a person with whom a child is placed for adoption, and a person who is in a relationship of some permanence with a parent of a child and who intends to treat the child as their own.

13.06.02

The Commissioner or Assistant Deputy Minister (as applicable) shall grant a parental leave of absence without pay to an employee who has served at least thirteen (13) weeks, including service as a Crown employee, as an employee of a Police force which is amalgamated with the OPP or as an employee of an Ontario First Nations Police Service immediately prior to their appointment to the Regular service. The leave of absence shall be in accordance with the provisions of the Employment Standards Act, 2000.

Every member eligible for a parental leave of absence must provide written notice to their Supervisor not less than six (6) weeks prior to the anticipated commencement of such leave. This notice period may be waived in extenuating circumstances and does not supersede Section 48 of the Employment Standards Act, 2000.

13.06.03

Notwithstanding Article 12 (Short Term Sickness Plan), Article 17 (Vacations and Vacation Credits) and Article 31 (Termination Payment), vacation credits, seniority and service continue to accrue during the parental leave.

13.06.04.01

Where the child in respect of whom the employee takes parental leave was born or came into the employee’s custody, care and control for the first time before December 3, 2017, parental leave may begin,

(a) no earlier than the day the child is born or comes into the custody, care and control of the parent for the first time; and

(b) no later than fifty two (52) weeks after the day the child is born or comes into the custody, care and control of the parent for the first time.

13.06.04.02

Where the child in respect of whom the employee takes parental leave was born or came into the employee’s custody, care and control for the first time on or after December 3, 2017, parental leave may begin,

(a) no earlier than the day the child is born or comes into the custody, care and control of the parent for the first time; and

(b) no later than seventy-eight (78) weeks after the day the child is born or comes into the custody, care and control of the parent for the first time.

13.06.06

The parental leave of an employee who takes pregnancy leave must begin when the pregnancy leave ends unless the child has not yet come into the custody, care and control of a parent for the first time.

13.06.06.01

Where the child in respect of whom the employee takes parental leave was born or came into the employee’s custody, care and control for the first time before December 3, 2017, parental leave shall end thirty five (35) weeks after it begins for an employee who takes pregnancy leave and thirty seven (37) weeks after it begins for an employee who did not take pregnancy leave, or on an earlier date if the person gives the Employer at least four (4) weeks’ written notice of that day.

13.06.06.02

Where the child in respect of whom the employee takes parental leave was born or came into the employee’s custody, care and control for the first time on or after December 3, 2017, parental leave shall end sixty-one (61) weeks after it begins for an employee who takes pregnancy leave and sixty-three (63) weeks after it begins for an employee who did not take pregnancy leave, or on an earlier date if the person gives the Employer at least four (4) weeks’ written notice of that day.

13.06.07

Except for an employee to whom Article 13.05 (Pregnancy Leave) applies, an employee on parental leave is entitled, upon application in writing at least two (2) weeks prior to the expiry of the leave, to a further consecutive leave of absence without pay but with accumulation of credits for not more than six (6) weeks.

13.06.08

An employee who is entitled to parental leave and who provides the Employer with proof that they are in receipt of employment insurance benefits pursuant to the Employment Insurance Act (Canada) shall be paid an allowance in accordance with the Supplementary Employment Benefit Plan.

13.06.09.01

In respect of the period of parental leave which begins before January 1, 2020, payments made according to the Supplementary Employment Benefit Plan will consist of the following:

(a) where the employee elects to serve the two (2) week waiting period under the Employment Insurance Act (Canada) before receiving benefits under that Act, for the first two (2) weeks, payments equivalent to ninety-three percent (93%) of the actual weekly rate of pay for their classification, which they were receiving on the last day worked prior to the commencement of the leave, and

(b) up to a maximum of fifteen (15) additional weeks, payments equivalent to the difference between the sum of the weekly Employment Insurance benefits the employee is eligible to receive and any other earnings received by the employee, and ninety-three percent (93%) of the actual weekly rate of pay for their classification, which they were receiving on the last day worked prior to the commencement of the leave.

13.06.09.02

In respect of the period of parental leave which begins on or after January 1, 2020 payments made according to the Supplementary Employment Benefit Plan will consist of the following:

(a) where the employee elects to serve the one (1) week waiting period under the Employment Insurance Act (Canada) before receiving benefits under that Act, for the first week (one (1) week), payments equivalent to ninety-three percent (93%) of the actual weekly rate of pay for their classification, which they were receiving on the last day worked prior to the commencement of the leave,

and

(b) up to a maximum of fifteen (15) additional weeks, payments equivalent to the difference between the sum of the weekly Standard Employment Insurance benefits the employee is eligible to receive and any other earnings received by the employee, and ninety-three percent (93%) of the actual weekly rate of pay for their classification, which they were receiving on the last day worked prior to the commencement of the leave.

and

(c) where the employee served the waiting period in accordance with Article 13.06.09.02(a), and on production of proof that payments in accordance with employment insurance pursuant to the Employment Insurance Act, (Canada) have terminated, the employee shall be entitled to a further one (1) week of parental leave with payment equivalent to ninety-three percent (93%) of the actual weekly rate of pay for their classification, which they were receiving on the last day worked prior to the commencement of the parental leave, but which shall also include their progression on the wage grid and any negotiated or amended wage rates for their classification as they are implemented. This further one (1) week of leave must be taken immediately after the date when the EI benefits referenced in Article 13.06.09.02(b) have terminated and prior to returning to the workplace.

or

(d) where an employee served the waiting period in accordance Article 13.05.04.02(a) and on production that proof of payments in accordance with employment insurance pursuant to the Employment Insurance Act, (Canada) have terminated, the employee shall be entitled to a further one (1) week of parental leave with payment equivalent to ninety-three percent (93%) of the actual weekly rate of pay for their classification, which they were receiving on the last day worked prior to the commencement of the parental leave, but which shall also include their progression on the wage grid and any negotiated or amended wage rates for their classification as they are implemented. This further one (1) week of leave must be taken immediately after the date when the EI benefits referenced in Article 13.06.09.02(b) have terminated and prior to returning to the workplace.

13.06.10

Under Article 13.06.09.01 and 13.06.09.02, the weekly rate of pay will include the employee’s progression on the wage grid and any negotiated or amended wage rates for their classification as they are implemented.

13.06.11

An employee returning from a leave of absence under Articles 13.06.01 or 13.06.06 (Parental Leave) to the ministry in which they were employed immediately prior to such leave, shall be assigned to the position they most recently held, if it still exists, or to a comparable position, if it does not, and continue to be paid at the step in the salary range that they would have attained had they worked during the leave of absence.

13.06.12

Employees shall have no vested right to payments under the Supplementary Employment Benefit Plan with the exception of payments made during a period of unemployment as specified in this Article.

13.06.13

Payments in respect of guaranteed annual remuneration, deferred remuneration, or severance pay shall not be reduced or increased by payments received under the Supplementary Employment Benefit Plan.

13.07.01

The Regional or Bureau Commander or Director, OPC (as applicable) may grant leave-of-absence with pay to an employee, for not more than four (4) days in any calendar year, upon any special or compassionate ground. Such leave shall not be dependent upon nor charged against accumulated credits of the employee. And further, leave of absence requests shall not be unreasonably denied.

13.07.02

Any denial of such leave-of-absence request may be appealed to the Provincial Commander, Corporate Services, ADM, Policing Services Division (as applicable) or designee.

13.07.03

Leave-of-absence with pay may be granted for special or compassionate purposes to an employee for a period of

(a) up to six (6) months with the approval of the Commissioner or Assistant Deputy Minister (as applicable),

(b) over six (6) months with the approval of the Lieutenant Governor in Council.

13.07.04

No employee shall be absent from duty on a leave-of-absence provided for in Articles 13.07.03(a) and 13.07.03(b) unless the employee previously obtained the authorization required by this Article.

13.07.05

An application for leave-of-absence under Articles 13.07.01 and 13.07.03 shall be in writing and shall set out the reason for the leave-of-absence.

13.07.06

Special/Compassionate leave will not be pro-rated for an employee in a Compressed Work Week arrangement.

13.08.01

An employee may apply to the Commissioner or Assistant Deputy Minister (as applicable) to participate in the self-funded leave plan as permitted under the Income Tax Act (Canada) in order to defer pre-tax salary dollars to fund a leave of absence. The deferral period must be at least one (1) year and not more than four (4) years.

13.08.02

The funds being deferred will be held in a trust account with the financial institution the Employer selects, with interest being paid annually. The funds will be paid out to the employee on a monthly or lump sum basis during the leave of absence.

13.08.03

During the leave the employee’s insured benefits will be continued where the employee continues to pay for their portion.

13.08.04

On return from the leave, an employee shall return to the position held immediately prior to going on leave and shall be paid at the step in the salary range that they had attained when the leave commenced. If the position no longer exists the employee shall be assigned to a position at the same class and level.

12.01

(a) An employee who is unable to attend to duties due to sickness or injury is entitled to leave-of-absence with pay as follows:

(i) with regular salary for the first six (6) working days of absence in each calendar year

(ii) with seventy-five percent (75%) of regular salary for an additional one hundred and twenty-four (124) working days of absence in each calendar year.

(b) An employee on a Compressed Work Week arrangement shall be entitled to full pay for:

(i) the first forty-three and one-half (43 ½) or forty-eight (48) hours (as applicable) of absence due to sickness or injury and

(ii) seventy-five percent (75%) for the next 899 or 992 hours (as applicable). The employee may exercise their option under Article 12.08 by deducting one-quarter (1/4) of an accumulated credit for each seven and one quarter (7¼) or eight (8) hours (as applicable) of absence.

12.02

An employee is not entitled to leave-of-absence with pay under Section 12.01 of this Article until after completion of twenty (20) consecutive working days of employment.

12.03

An employee who is on leave-of-absence with pay under this Article that commences in one (1) calendar year and continues into the next calendar year is not entitled to leave-of-absence with pay under Section 12.01 of this Article for more than one hundred and thirty (130) working days in the two (2) calendar years until the employee has completed twenty (20) consecutive working days of employment in the second calendar year.

12.04

An employee who has used leave-of-absence with pay for one hundred and thirty (130) working days in a calendar year must subsequently complete twenty (20) consecutive working days of employment before the employee is entitled to further leave under Section 12.01 of this Article in the next calendar year.

12.05

An employee returning to work from a leave-of-absence under a long term disability plan must complete twenty (20) consecutive working days of employment to qualify for benefits under the Short-Term Sickness Plan.

12.06

For the purposes of this Article, twenty (20) consecutive working days of employment shall not include vacation, leave-of-absence, or any leave-of-absence without pay, but days worked before and after such leave shall be considered consecutive.

For the purposes of this Article, where an employee, due to an accommodation measure or a return to work plan, works on a temporarily modified schedule, twenty (20) consecutive working days shall mean twenty (20) consecutive scheduled days of work for that employee.

Notwithstanding the above, where an employee is unable to work due to sickness or injury, the days worked before and after such absence shall not be considered consecutive.

12.07

The pay of an employee under this Article is subject to deductions for insurance coverage and pension contributions and other deductions that would normally be made, as though the employee was receiving regular salary.

12.08

An employee who is on leave-of-absence with pay under Section 12.01(a)(ii) or 12.01(b)(ii) of this Article may, at the employee’s option, have one quarter (1/4) of a day deducted from accumulated credits (attendance, vacation, or CTB) for each day of leave to which Section 12.01(a)(ii) or 12.01(b)(ii) applies and receive regular salary for each such day.

12.09

An employee who is absent from employment due to sickness or injury beyond the total number of days leave-of-absence with pay provided for in Section 12.01 of this Article shall have their accumulated attendance credits reduced by a number of days equal to the number of days of such absence and is entitled to leave-of absence with pay for each such day.

12.10

Article 12.09 does not apply to an employee who qualifies for and elects to receive benefits under a long term disability plan provided by the Employer.

12.11

(a) If an employee is absent for five (5) consecutive working days due to sickness, no leave with pay shall be allowed unless a certificate of a legally qualified medical practitioner (i.e., physician, dentist who is a member of the Royal College of Dental Surgeons, or nurse practitioner, practicing within the scope of their respective practice) is forwarded to the Commissioner, the Commissioner’s designee or the Assistant Deputy Minister (as applicable), certifying that the employee is unable to attend to official duties.

(b) Notwithstanding (a) above, the Employer may accept a certificate of a psychologist (i.e. a member of the College of Psychologists of Ontario who holds a certificate of registration for a psychologist authorizing autonomous practice, or an individual who has a similar status in another province or territory of Canada).

(c) Notwithstanding the provisions of Section 12.11(a), the Commissioner or the Assistant Deputy Minister (as applicable) may require an employee to submit the certificate required by Section 12.11(a) for a period of absence of less than five (5) working days. The cost of the certificate requested shall be borne by the Employer.

(d) Where, for reasons of health, an employee is frequently absent or unable to perform their duties, the Commissioner or the Assistant Deputy Minister (as applicable) may, at the expense of the Employer, require them to submit to a medical examination and to release the resulting medical report to the Employer.

12.12

While on sick leave or Workplace Safety and Insurance leave, it is the employee’s responsibility to report to the supervisor, at the earliest opportunity, any change in the employee’s medical situation that would permit the employee to return to full duties or to return to work in a limited capacity and/or estimate their return to work date.

12.13

An employee shall retain any attendance credits earned and unused prior to April 1, 1978, for use as specified under Article 12.08, or where the employee is eligible, under Article 31 (Termination Payment) upon termination.

12.14

The Employer will notify the Association when a member has been off for three (3) consecutive months due to illness/injury.

12.15

If an employee becomes mentally or physically disabled and as a result is incapable of performing the essential duties of the position, the Employer shall accommodate the employee’s needs in accordance with the Ontario Human Rights Code.

12.16

The Association and Employer recognize that workplace accommodation and return to work must be dealt with through a joint and cooperative process. Accommodation and return to work planning will be conducted in a manner that promotes the safe, timely and effective return to work of employees and respects employees’ dignity. The goal is to achieve successful return of employees to safe and productive work.

12.17

Where a supervisor or other Employer representative intends to meet with an employee for matters related to the development, implementation and administration of an accommodation or return to work plan, the employee shall have the right to be accompanied by and represented by an Association representative. The Employer shall notify the employee of this right.

11.01

All overtime hours earned in Article 6 (Overtime), Article 9 (Time Credits While Travelling), and Article 18 (Holidays) will be credited to the employee’s CTB.

11.02

The granting of compensating leave, chargeable to the employee’s CTB may be taken off at a time mutually agreed upon between the employee and Detachment/Unit Commander.

11.03

(a) (i) An employee may, at the employee’s option, request a lump sum at the rate it was earned for all or any portion of the hours in the employee’s Compensating Time Bank on a monthly basis.

Accumulated hours in excess of one hundred (100) remaining in an employee’s Compensating Time Bank at December 31 of each year shall be paid out on a lump sum basis at the rate it was earned. The Employer shall pay out all accumulated hours no later than the last pay date of February of the following calendar year.

Failure to make such payments shall not be regarded as a violation of this Collective Agreement where such failure is due to reasons beyond the control of the Employer.

(ii) Effective January 1, 2017, an employee may, at the employee’s option, request a lump sum payment at the rate it was earned for all or any portion of the hours in the employee’s Compensating Time Bank on a monthly basis. Accumulated hours in excess of forty (4) remaining in an employee’s Compensating Time Bank at December 31 of each year shall be paid out on a lump sum basis at the rate it was earned. The Employer shall pay out all accumulated hours no later than the last pay date of February of the following calendar year.

Failure to make such payments shall not be regarded as a violation of this Collective Agreement where such failure is due to reasons beyond the control of the Employer.

10.01

There shall be no duplication or pyramiding of any premium payments or compensating leave provided under this Collective Agreement.

9.01

Employees shall be credited with all time spent in transit outside of working hours when authorized by the Ministry.

9.02

Travel time will be credited as the hours spent traveling directly from the employee’s home or place of employment, and be measured from the time of departure until the employee reaches their destination, and from the assigned time of departure from the destination until they reach their home or place of employment.

9.03

If the means of travel includes sleeping accommodation for the employee, the hours between eleven (11:00) p.m. and the regular starting time of the employee shall not be credited.

9.04

When an employee is required to travel on their regular day off or a holiday listed in Article 18 (Holidays), they shall be credited with a minimum of four (4) hours.

9.05

All traveling time shall be credited to the employee’s CTB at the employee’s basic hourly rate.

8.01

Up to and including June 30, 2019, a shift premium of ninety-eight cents ($0.98) per hour shall be paid for all hours worked at or after 4:00 p.m. and before 5:00 a.m.

Effective July 1, 2019, a shift premium of one dollar and fifty cents ($1.50) per hour shall be paid for all hours worked at or after 4:00 p.m. and before 5:00 a.m.

8.02

Shift premium shall be paid only to employees working on a rotating shift or fixed off-shift basis and shall not apply to regular day workers who are required to work overtime.

8.03

Notwithstanding Article 8.02 above, shift premium shall not be paid to an employee who, for mutually agreed upon reasons, works a shift for which the employee would otherwise be entitled to a shift premium.

8.04

Shift premium shall not be considered as part of an employee’s basic hourly rate.

7.01.01

Job sharing can occur where there is agreement between the employees who wish to job share, the Association, and the Employer.

7.01.02

It is agreed that job sharing results from two employees sharing a full-time position in the regular service and as such, the position shall continue to be identified as a full-time position in the Regular service.

7.01.03

Employees in a job sharing arrangement must share the same classification and level.

7.01.04

The sharing of the hours of work shall be determined by the parties to the sharing agreement but in no case, shall one employee work less than fourteen (14) hours per week.

7.01.05

(a) Employees in a job sharing arrangement shall be accorded their entitlements under Part A of this Collective Agreement (Full-time Regular Employees). However, where applicable, they shall be pro-rated in accordance with the employee’s hours of work.

(b) Part B of this Collective Agreement (Regular Part-time Employees) shall be used to provide administrative direction for the applicable pro-rating of the working conditions, and Article RPT17 (Regular Part-time Pay and Benefits Administration) for the purposes of calculating a basic hourly rate.

7.01.06

In the event that one employee in the job sharing arrangement leaves that arrangement on a permanent basis for any reason the remaining employee would first be offered the opportunity to assume the position on a full-time basis.

7.01.07

If the remaining employee declines the full-time opportunity, the position may be posted and advertised as a job sharing vacancy, subject to the provisions of this Collective Agreement.

7.01.08

Failing successful filling of the job sharing position, the remaining employee will be required to revert to full-time. The employee will be given one (1) month’s advance notice of the date upon which they will be required to resume the full-time position.

7.01.09

The Employer undertakes to notify the President of the Association of all job-sharing arrangements.

7.02.01

Regular employees who hold full-time or regular part-time positions are eligible to trade jobs, except for those employees who are on notice of layoff pursuant to Article 29 (Surplus Entitlements) of this Collective Agreement.

7.02.02

Employees can trade jobs with an employee in the same category or across categories. For clarity, a full-time regular employee can trade jobs with a regular part-time employee.

7.02.03

An employee who wishes to trade jobs with another employee must register with the Human Resources Branch or Human Resources Bureau (as appropriate) and complete the required documentation, which includes the employee portfolio. The employee must also indicate the specific location or locations to which they are willing to relocate.

7.02.04

An employee may only trade jobs:

(a) with another employee in the OPPA Civilian bargaining unit who holds a position in the same classification,

and

(b) provided they are qualified to perform the normal requirements of the position without training.

7.02.05

Notwithstanding seniority, an employee will be considered for job trading prior to other employees registered for job trading if their spouse is also employed in the Ontario Public Service and has relocated to continue such employment at a different headquarters location.

7.02.06

If an employee has registered for job trading and they have also offered to be declared surplus pursuant to Article 30 (Voluntary Exit Option) of this Collective Agreement, their rights under that Article will be exercised before any rights under this job trading agreement.

7.02.07

Relocation expenses incurred by employees who trade jobs will not be reimbursed by the Employer.

7.02.08

In the event more than one (1) employee meets the criteria to trade jobs with another employee, the Employer will choose the best qualified employee for the job to be traded. Where the qualifications and skills of two (2) or more employees are relatively equal, seniority will be the deciding factor, subject to Article 7.02.04 above.

7.02.09

Employees cannot trade jobs unless both of their managers approve of the trade.

7.02.10

Job trading is voluntary. Provided an employee has not been matched with another employee’s job, they may withdraw at any time.

7.02.11

A job trade is not final until all four (4) parties to the trade have confirmed their agreement, in writing, i.e., the trading employees and their managers.

7.02.12

Should the employment situation or relocation decision of either employee change after sign-off, the job trade agreement remains binding. For example, if an employee receives surplus notice after a job trade is completed, then they will be subject to the appropriate procedures for redeployment.

6.01.01

The normal hours of work performed by employees shall be in accordance with Management Board of Cabinet, Compensation Directive as follows:

(a) in Schedule 3, thirty six and one quarter (36 ¼) hours per week or seven and one quarter (7.25) hours a day; and an unpaid meal period of forty five (45) minutes or as mutually agreed between the Supervisor and the employee;

(b) in Schedule 4, forty (40) hours per week or eight (8) hours per day. Where an employee has an unpaid meal period, the meal period will be for a minimum of forty five (45) minutes or as mutually agreed between the Supervisor and the employee.

6.01.02

It is understood that other arrangements regarding hours of work may be entered into between the Commissioner or Assistant Deputy Minister (as applicable) and the President of the Association with respect to compressed work week arrangements (CWW).

(a) The provisions of a compressed work week arrangement are subject to the grievance procedure under Article 4 (Grievance Procedure).

(b) Any CWW arrangements not established under Article 6.01.02 may be discontinued following consultation between the parties, with three (3) month’s written notice by either party.

(c) On a compressed work week schedule, meal time periods will be pro-rated. On a compressed work week schedule, normal meal periods shall be (1) hour for shifts of (10) hours, (1) hour and fifteen (15) minutes for shifts of (12) twelve hours, or as mutually agreed between the Supervisor and the employee.

6.01.03

Where an employee has a paid meal period, if an employee completes a full working day, in accordance with Article 6.01.01 or any full shift agreed to under Article 6.01.02, and is required to forego their meal time period due to exigencies of service, the employee shall receive additional pay for such period at their straight-time hourly rate of salary.

6.02.01

In work locations requiring a platoon work schedule the following arrangements shall prevail:

(a) Schedules shall cover a twenty-eight (28) day period and shall be posted no later than 4:00 p.m. fifteen (15) days prior to the beginning of the period for which the schedule is intended.

(b) Rest days shall be consecutive except in the one (1) shift in a twenty-eight (28) day period where split rest days are required to arrange the platoon schedule.

6.02.02

It is the intention to keep changes in shifts and work schedules to a minimum and, therefore, it is agreed that schedules shall be planned so that employees are not required to change shifts between rest periods while on a platoon schedule or between shift changes while on a general shift schedule. The Employer agrees to consult with the Association when planning major event strategies requiring provincial mobilization.

Exceptions to the foregoing are permitted under the following conditions:

(a) circumstances beyond the Employer’s control requiring a shift change;

(b) in a situation of emergency where an unusual or unexpected situation occurs;

(c) if agreed upon between the employee and Employer;

(d) the employee has been notified before 4:00 p.m. six (6) days prior to the change, provided such notification changes the employee’s entire shift between rest periods.

In all other cases, the employee shall be paid time and one-half (1 ½) for the first eight (8) hours worked on the amended schedule.

6.02.03

Except in circumstances beyond the Employer’s control, the Employer shall not schedule the commencement of a shift within eight (8) hours of the completion of the employee’s previous shift provided, however, if that employee is required to work before the eight (8) hours have elapsed the employee shall be paid time and one-half (1 ½) of their basic hourly rate for those hours that fall within the eight (8) hour period. It is understood that the term “shift” does not include any period of time in respect of which an employee is entitled to overtime payments in accordance with Article 6.03.

6.02.04

An employee may exchange shifts and/or days off with another employee at the discretion of the Detachment Commander or Section Manager, or Director of the Ontario Police College (as applicable). The request to change days off shall be made in writing by both employees. A change will not be permitted if it results in any additional cost to the Employer.

6.02.05

An employee may be allowed to work for another employee at the discretion of the Detachment Commander, Section Manager or Director of the Ontario Police College (as applicable). This request shall be made in writing by both employees. A change will not be permitted if it results in any additional cost to the Employer. For each hour worked, the employee who works shall receive one hour, which will be assigned to their overtime bank or compensating time bank. The employee who is released from duty shall have their overtime bank or compensating time bank reduced by the number of hours they would have worked on their scheduled shift.

6.03.01

“Overtime” means an authorized period of work calculated to the nearest half hour and,

(a) performed on a scheduled working day in addition to the scheduled working period, and consisting of at least one-half (½) hour more than 7.25 hours, 8 hours or a longer scheduled working period as provided in a Compressed Work Week arrangement (as applicable); or

(b) performed on a day that is not a scheduled working day.

6.03.02

Overtime shall be earned and credited to the employee’s CTB (Compensating Time Bank) at the rate of one and one-half (1 ½) times the basic hourly rate of salary.

6.03.03

Where an employee has completed their scheduled work period and left the workplace and is subsequently called in to work prior to their next scheduled working period such employee shall earn time and one- half (1 ½) of their basic hourly rate for hours worked, with a minimum of four (4) hours (1½ times 4 hours) credit to the CTB. For clarity, such premium payment will not be earned or credited for regularly scheduled hours.

Article 6.03.03 shall not apply where an employee on being called in not more than one (1) hour prior to the employee’s scheduled working period, is given equivalent compensating time at the end of that period of work.

6.03.04

When an employee is required to perform work under Article 6.03.03 but is not required to physically attend at the workplace, the initial call and subsequent calls during that same four (4) hour period, will be treated as a single call for pay purposes.

6.03.05

An employee who is required to work more than two (2) hours of overtime immediately following their scheduled hours of work without notification of the requirement to work such overtime prior to the end of their previously scheduled shift, shall be reimbursed for the cost of one (1) meal to twelve dollars and fifty cents ($12.50) except where free meals are provided or where the employee is being compensated for meals on some other basis.

In addition, reasonable time with pay shall be allowed to the employee for the meal break either at or adjacent to their work place.

6.03.06

Overtime shall be paid at the rate of two and one-half (2 1/2) times the hourly rate when an employee is required to report for any period of work on or during the vacation leave period, with a minimum payment of sixteen (16) hours. In addition, the employee shall be granted a compensating day off. Note: For the purposes of sub section 6.03.06 only, a vacation leave period shall consist of a seven (7) consecutive day period free from duty composed of five (5) vacation days for eight (8) hour schedules, four (4) vacation days for ten (10) hour schedules and three (3) vacation days for twelve (12) hour schedules and regular days off. Any statutory holiday, as outlined in Article 18.01.01 that occurs within the seven (7) consecutive day period may be counted towards the minimum vacation days required as outlined above.

6.03.07

If for operational purposes the employee is required by the Employer to work overtime, an employee shall be entitled to eight (8) consecutive rest hours before commencing their next regular scheduled shift. Such rest hours shall not result in the deduction or forfeiture of any credits to the employee.

6.04.01

“On-Call Duty” means a period of time that is not a regular working period, overtime period, or stand-by period during which an employee is required to respond within a reasonable time to a request for:

(a) recall to the work place, or

(b) the performance of other work as required.

6.04.02

It is understood that a return to the work place may not be necessary in all situations.

6.04.03

Should recall to the work place be required, the employee is expected to be able to return to the work place within a reasonable time.

6.04.04

No employee shall be required to be on-call unless such on-call duty was authorized in writing by the supervisor prior to the on-call period, except in circumstances beyond the Employer’s control.

6.04.05

Where on-call is not previously authorized in writing, payment as per Article 6.05.07 shall only be made where the supervisor has expressly advised the employee that they are on-call.

6.04.06

It is understood that there shall be no pyramiding of premium payments and where work is performed as outlined in Articles 6.04.01 (a) or (b), overtime pay shall be substituted for the on-call premium.

6.04.07

Where an employee is required to be on-call, they shall receive one-dollar and forty cents ($1.40) per hour for all hours that they are required to be on-call.

6.05.01

Stand-by is a period of time during which, in accordance with administrative procedures established by the Commissioner or Assistant Deputy Minister (as applicable), an employee is ordered to remain at their residence or other specified quarters, (as determined by the person authorizing the stand-by) from which the employee shall be ready to proceed to a work location immediately upon receipt of instructions.

6.05.02

This Article shall not eliminate or prohibit the existing co-operative practice under which an employee provides advice to their supervisor as to their proposed whereabouts while off duty but there shall be no restriction on the free time of an employee that is not in accordance with this Collective Agreement. It is understood that this practice does not trigger an entitlement to stand-by pay.

6.05.03

Where an employee is required to be on stand-by they are entitled to be paid at their hourly rate of salary for one-third (1/3) of their stand-by time, but where such stand-by time is less than the number of hours in the employee’s scheduled working day, the employee is entitled to three (3) hours pay at the basic hourly rate.

6.05.04

The minimum entitlement of four (4) hours overtime credit pursuant to Article 6.03.03 shall not apply to an employee who was on stand-by when they were required to report for work, and a period of work for which overtime is earned at one and one-half (1-1/2) times the basic hourly rate under Article 6.03.03, is not included in any stand-by period.

6.05.05

(a) Effective September 1, 2024, a Communications Operator or Lead Communications Operator, working in a Provincial Communications Centre (PCC), who is formally assigned to train a Communications Operator shall receive an entitlement of two percent (2%) of the maximum salary step rate for the period of time during which they are assigned such duties.

(b) The PCC Coach Pay will be considered as base salary for the purposes of pension contributions and premium calculation (e.g., overtime, statutory holidays, vacation). It is not included in base salary for the purposes of calculating annual increases.

5.01

Promotion occurs when the incumbent of a position in the Regular service is assigned to another position in a class with a higher maximum salary than the class of their former position.

5.02

An employee who is promoted shall receive that rate of pay in the salary range of the new classification which is the next higher to their present rate of pay, except that:

(a) where such a change results in an increase of less than three percent (3%), they shall receive the next higher salary rate, which amount will be considered as a one-step increase;

(b) a promotional increase shall not result in the employee’s new salary rate exceeding the maximum of the new salary range except where permitted by salary note.

5.03

Where an employee:

(a) at the maximum rate of a salary range is promoted, a new anniversary date is established based upon the date of promotion;

(b) at a rate less than the maximum in the salary range is promoted and receives a promotional increase:

(i) greater than a one-step increase, a new anniversary date based on the date of promotion is established;

(ii) of one step or less, the existing anniversary date is retained.

5.04

Where the duties of an employee are changed as a result of reorganization or reassignment of duties and the position is reclassified to a class with a lower maximum salary, an employee who occupies the position when the reclassification is made is entitled to salary progression based on merit to the maximum salary of the higher classification including any revision of the maximum salary of the higher classification that takes effect during the salary cycle in which the reclassification takes place.

5.05

Where a position is reassessed and is reclassified to a class with a lower maximum salary, any employee who occupies the position at the time of the reclassification shall continue to be entitled to salary progression based on merit to the maximum salary of the higher classification, including any revision of the maximum salary of the higher classification that takes effect during the salary cycle in which the reclassification takes place.

5.06

Where, for reasons of health, an employee is assigned to a position in a classification having a lower maximum salary, they shall not receive any salary progression or salary decrease for a period of six (6) months after their assignment, and if at the end of that period, they are unable to accept employment in their former classification, they shall be assigned to a classification consistent with their condition.

5.07

Except as provided above, an employee who is demoted shall be paid at the rate closest to but less than the rate they were receiving at the time of demotion, effective from the date of their demotion.

5.08

It is understood that where an employee is assigned to a position pursuant to Articles 5.06 and 5.07, the provisions of Article 40 (Posting and Filling of Vacancies or New Positions) shall not apply.

3.01

Negotiations for the amendment or renewal of matters pursuant to the Public Service of Ontario Act, 2006 and Ontario Provincial Police Collective Bargaining Act, 2006 or matters arising under this Collective Agreement shall continue to be pursuant to the provisions of Ontario Provincial Police Collective Bargaining Act. Any such matters not resolved by negotiation may be submitted to the Arbitration Board, selected pursuant to the Ontario Provincial Police Collective Bargaining Act, 2006.

3.02

The decision of the Arbitration Board on all matters referred to it, under this Article shall be final and binding upon the parties hereto.