SE1.01

A student is a Fixed-Term employee occupying a “student position” during their regular school, college or university vacation period, or in an Ontario Public Service (OPS) Special Youth and/or Student Employment Program during their regular school, college or university session or vacation period or occupying a “co-operative education student position” under a co-operative education program.

SE1.02

A “regular vacation period” within the meaning of a student position includes summer vacation, inter-semester breaks, academic breaks, December Holidays, the holidays in Article 18.01 (Holidays) and a period of time of six (6) months following completion of the requirements for graduation from an educational institution.

SE1.03

A “student position” or “co-operative education student position” is a Fixed-Term position with terms and conditions specifically applicable to students.

SE1.04

A co-operative educational training program within the meaning of “co-operative education student position” is a co-operative education training program in a college, university or other post-secondary institution.

SE1.05

Effective January 1, 2009, if a Co-Operative Education Student is subsequently appointed to a position in the Ontario Public Service, the time period(s) that they were employed in a “co-operative education student position” will be calculated towards their continuous service date provided that the date of the first appointment to the regular or fixed-term service falls within a period of time of twelve (12) months following completion of the requirements for graduation from an educational institution.

SE1.06.01

Students in post-secondary Co-operative Programs will be paid a percentage of the entry level of the appropriate classification specified in this Memorandum, as follows:

SE1.06.02

Students in Special Employment Programs shall be paid the minimum wage rate, as set out below:

January 1, 2018: $14.00 per hour

In the event that there is a legislated increase to the minimum wage in Ontario and students in Special Employment Programs have a minimum hourly rate of pay that falls below the minimum wage, students in Special Employment Programs will receive the new hourly rate of pay.

SE1.06.03

Students hired into student positions other than those hired under Articles SE1.06.01 and SE1.06.02, shall be paid according to a two-level system.

SE1.06.04

The Employer will determine the level for each student position, taking into account the different skill levels required and types of employment opportunities for students in their employment within the Ontario Public Service.

SE1.06.05

Level 1

Jobs under Level 1 will reflect work that is routine and limited in complexity. These jobs may require additional supervision (e.g. team lead) and do not require a special skill level.

Level 2

Jobs under Level 2 will involve work that is more varied and complex in nature. The jobs typically require knowledge from a related area of study and increased level of skills. These jobs require limited supervision as students are required to work independently. If the job requires a licence or certificate (e.g. first aid certificate, equipment operators’ licence/certificate), it is automatically assigned to Level 2.

SE1.06.06

During the term of this Collective Agreement rates for these two levels are:

January 1, 2018:
Level 1: $14.00
Level 2: $14.85

In the event that there is a legislated increase to the minimum wage in Ontario and students at Level 1 have a minimum hourly rate of pay that falls below the minimum wage, students at Level 1 will receive the new hourly rate of pay.

Students at Level 2 rate of pay shall be adjusted to an amount that is $0.85 greater than the new Level 1 student rate of pay.

SE1.06.07

A student hired into a position established in the Regular service shall be paid according to the classification range applicable to a position in that part of the public service. For greater clarity, this includes students backfilling a Regular position during the incumbent’s leave of absence and students filling a vacant Regular position for a limited duration.

SE1.06.08

The following Articles shall apply to student employees as defined in Article SE1.01:

SE1.07

No provisions of this Collective Agreement other than those included in this Part shall apply to students.

FXT17.1

Where an employee has filled a position on a temporary full-time or part-time basis for at least eighteen (18) months, the Employer may assign them to the Regular or Regular Part-Time position, as applicable on a permanent basis and Article 38 or RPT3 (Posting and Filling of Vacancies or New Positions) shall not apply.

FXT17.2

In filling a vacancy, the Employer shall give primary consideration to qualifications and ability to perform the required duties. Where the qualifications and ability are relatively equal between applicants, then the fixed term employees shall be entitled to have their service counted towards the accumulation of seniority for consideration in hiring competitions.

FXT16.01

Fixed-Term employees in the OPPA Civilian bargaining unit who have been employed continuously in the part of the public service composed of employees appointed under Part III of the Public Service of Ontario Act, 2006, for at least twelve (12) months, will have the right to apply to restricted competitions for twelve (12) months after the expiry of their contracts.

FXT14.01

Employment may be terminated by the Employer at any time with notice or pay in lieu thereof pursuant to the Employment Standards Act, 2000, and its Regulations.

FXT15.01

Where an employee is appointed to the Regular Service and has worked twenty-four (24) hours or more per week on a continuous basis immediately prior to appointment to the Regular Service, the time they actually worked within the previous year may be considered to be part of their probationary period to a maximum of six (6) months.

FXT15.02

Notwithstanding FXT15.01, where an employee is appointed to the Regular Service as a regular part-time employee and has worked at least the minimum hours specified in Article RPT4.01 (RPT Hours of Work) on a continuous basis immediately prior to appointment to the Regular Service, the time they actually worked within the previous year may be considered to be part of their probationary period to a maximum of six (6) months.

FXT13.01

The Employer shall continue to make reasonable provisions for the safety and health of its employees during the hours of their employment. It is agreed that both the Employer and the Association shall co-operate to the fullest extent possible in the prevention of accidents and in the reasonable promotion of safety and health of all employees.

FXT12.1

An employee who is scheduled to work more than twenty-four (24) hours during a week shall be allowed up to three (3) days of leave of absence with pay in the event of the death of their spouse, same-sex spouse or partner, mother, father, mother-in-law, father-in-law, son, daughter, brother, sister, ward or guardian. “In-law” and “step” relationships listed in this article include such relatives of a common-law spouse or same sex partner.

FXT12.2

An employee who would otherwise have been at work shall be allowed one (1) day leave of absence with pay in the event of the death of their sister-in-law, son-in-law, daughter-in-law, brother-in-law, grandparent or grandchild.

FXT12.3

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

FXT11.01

Pregnancy and parental leaves will be granted to employees under the terms of the Employment Standards Act, 2000. Pregnancy leave shall be granted for up to seventeen (17) weeks and may begin no earlier than seventeen (17) weeks before the expected birth date.

FXT11.02

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 before December 3, 2017, parental leaves shall be granted for up to thirty-five (35) weeks for an employee who has also taken pregnancy leave referred to in Article FXT11.01 and for up to thirty-seven (37) weeks for other employees.

FXT11.03

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 leaves shall be granted for up to sixty-one (61) weeks for an employee who has also taken pregnancy leave referred to in Article FXT11.01 and for up to sixty-three (63) weeks for other employees,

FXT10.1

Employees who work thirty-six and one-quarter (36-1/4) or forty (40) hours per week shall earn attendance credits of one and one-quarter (1-1/4) days for each calendar month of full attendance or for each calendar month of leave of absence granted under Article FXT11 (Pregnancy and Parental Leave).

FXT10.2

Attendance credits may be used for protection purposes in the event that an employee is unable to attend to their official duties by reason of illness or injury. For clarity, attendance credits continue to accrue on a monthly basis if an attendance credit is used for reasons of illness or injury, or while on a leave of absence with pay.

FXT10.2.1

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 their respective scope of practice) is forwarded to the Commissioner or Assistant Deputy Minister (as applicable), certifying that the employee is unable to attend to official duties.

FXT10.2.2

Notwithstanding FXT10.2.1 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).

FXT10.3

Notwithstanding the provisions of FXT10.2, the Commissioner or the Assistant Deputy Minister (as applicable) may require an employee to submit the certificate required by FXT10.2 for a period of absence of less than five (5) working days. The cost of the certificate requested shall be borne by the Employer.

FXT10.4

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.

FXT10.5

Up to two (2) attendance credits in a calendar year may be used for special or compassionate grounds, which may include to attend to unexpected dependant and elder care issues. For clarity, attendance credits continue to accrue on a monthly basis if an attendance credit is used for special or compassionate grounds, or while on a leave of absence with pay.

FXT10.6

The employee will attempt to give reasonable notice, where possible.

FXT9.01

All Fixed-Term employees shall, upon completion of one (1) month of continuous service, receive in lieu of all employee benefits listed in this Collective Agreement, save and except holiday and vacation pay, an amount equal to six percent (6%) of their basic hourly rate for all hours worked exclusive of overtime and other premium payments.