FXT8.01

Four percent (4%) of gross pay shall be added to the employee’s regular pay in lieu of vacation leave with pay where an employee has less than five (5) years of continuous service.

FXT8.02

Six percent (6%) of gross pay shall be added to the employee’s regular pay in lieu of vacation leave with pay where an employee has completed five (5) years or more of continuous service.

FXT8.03

The entitlements under FXT7.01 and FXT8.01 shall not be compounded.

FXT7.01

Four and six-tenths percent (4.6%) of gross pay, not including vacation pay, shall be added to the employee’s regular pay to compensate for the holidays as defined in Article 18 (Holidays). When the employee is required to work on any of these holidays, they shall be paid two (2) times their basic hourly rate for all hours worked in addition to the four and six-tenths percent (4.6%).

FXT4.01

The rate of the equivalent Regular service classification shall apply. If there is no equivalent classification, the rate shall be set by the ministry and the Association shall have the right to negotiate the rate during the appropriate salary negotiations.

FXT4.02

A full-time Fixed-Term employee covered by this Collective Agreement shall be entitled to the same provisions regarding progression through the salary range and retroactivity of salary revisions as those agreed upon for Regular employees under this Collective Agreement.

FXT4.03

The employer will ensure that all Fixed-Term employees will be given their merit increases on their anniversary date and not after the accrual of hours of work.

FXT5.01

For employees with regularly scheduled full-time hours of work, one and one-half (1-1/2) times the basic hourly rate shall be paid for authorized hours of work performed in accordance with Article 6.03.01.

FXT5.02

For employees with part-time scheduled hours of work (which are less than full-time hours of work), one and one-half (1 ½) times the basic hourly rate shall be paid for authorized hours of work performed in accordance with RPT4.2.1.

FXT5.03

For employees who have irregularly scheduled hours of work, one and one-half (1 ½) times the basic hourly rate shall be paid for authorized hours of work performed in excess of thirty-six and one-quarter (36-1/4) or forty (40) hours per week, as applicable.

FXT2

Articles FXT3 to FXT16 apply only to Fixed-Term employees other than students.

FXT3.01

(a) The following Articles of this Memorandum shall also apply to Fixed-Term employees other than students:

(b) The following Articles of this Collective Agreement shall apply to Fixed-Term employees other than students with modifications as set out below:

FXT1

The only terms of this Collective Agreement that apply to employees who are not Regular employees are those that are set out in Part C.

RPT18.01

Service pay as provided by Article 40 (Service Pay for Full-Time Regular Employees) shall apply; however, it shall be pro-rated based on the proportion of the part-time Regular employee’s weekly hours of work to the normal hours of work for the class as follows:

RPT17.1

The “basic hourly rate” of pay for part-time Regular employees is the basic hourly rate for the class, except where the basic hourly rate for the class does not exist in which case it is the weekly rate of the class divided by thirty-six and one-quarter (36¼) or forty (40) as applicable.

RPT17.2

The “weekly rate” of pay for part-time Regular employees is the basic hourly rate times the applicable weekly hours of work.

RPT17.3

“Weekly hours of work” shall be the average of the regularly scheduled weekly hours of a position calculated over a period of four (4) consecutive weeks.

RPT17.4

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

RPT17.5

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.

RPT17.6

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.

RPT17.7

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.

RPT17.8

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.

RPT17.9

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.

RPT17.10

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.

RPT17.11

It is understood that where an employee is assigned to a position pursuant to Articles RPT17.9 and RPT17.10, the provisions of Article RPT3 (Posting and Filling of Vacancies or New Positions) shall not apply.

RPT16.1

An employee appointed to the regular service between April 1, 1978 and December 31, 2008 shall be entitled to benefits described under Article RPT16.1.

An employee,

(a) who has completed a minimum of one (1) year of continuous service and who ceases to be an employee because of,

(i) death,

(ii) retirement pursuant to total and permanent disability that entitles them to a pension or payment under the Public Service Pension Plan,

(iii) dismissal for certain reasons under Section 39 of the Public Service of Ontario Act, 2006, or

(iv) resignation during the surplus notice period; or

(b) who has completed a minimum of five (5) years of continuous service and who ceases to be an employee for any other reason than,

(i) dismissal under Section 34 of the Public Service of Ontario Act, 2006, or

(ii) abandonment of position under Section 42 of the Public Service of Ontario Act, 2006,

is entitled to severance pay equal to that portion of a week’s pay represented by the ratio of their weekly hours of work to full-time employment, for each year of continuous service.

Notwithstanding Article RPT16.1, an employee who voluntarily resigns is only entitled to termination payments for service accrued up to December 31, 2008.

RPT16.2

An employee appointed to the regular service on or after January 1, 2009 shall be entitled to benefits described under Article 16.2.

An employee,

(a) who has completed a minimum of one (1) year of continuous service and who ceases to be an employee because of,

(i) death,

(ii) retirement pursuant to total and permanent disability that entitles them to a pension or payment under the Public Service Pension Plan,

(iii) dismissal for certain reasons under Section 39 of the Public Service of Ontario Act, 2006, or

(iv) resignation during the surplus notice period; or

(b) who has completed a minimum of five (5) years of continuous service and who ceases to be an employee for any other reason than,

(i) dismissal under Section 34 of the Public Service of Ontario Act, 2006,

(ii) abandonment of position under Section 42 of the Public Service of Ontario Act, 2006, or

(iii) a voluntary resignation under Section 41 of the Public Service of Ontario Act, 2006. A voluntary resignation does not include a retirement if the employee ceases employment and is entitled to a pension, other than a disability pension, under the Public Service Pension Plan or the OPSEU Pension Plan immediately after retiring,

is entitled to severance pay equal to that portion of a week’s pay represented by the ratio of their weekly hours of work to full-time employment, for each year of continuous service.

RPT16.3

Effective December 31, 2016, employees shall no longer accrue termination pay entitlement upon retirement. Termination pay accrued up to and including December 31, 2016 shall be payable at the wage rates applicable on December 31, 2016.

RPT16.4

Employees appointed on or after January 1, 2017 will not be entitled to termination pay.

RPT16.5

The total of the amount paid to an employee in respect of accumulated attendance credits, severance pay, or both, to an employee appointed to the regular service on or before December 31, 2008 shall not exceed one-half (1/2) of the annual salary of the employee at the date when they cease to be an employee under RPT16.1.

RPT16.6

The total of the amount paid in respect of accumulated attendance credits, severance pay, or both, to an employee appointed to the regular service on or after January 1, 2009 shall not exceed one-quarter (1/4) of the annual salary of the employee at the date when they cease to be an employee.

RPT16.7

The calculation of severance pay of an employee shall be based on the annual salary of the employee as though they were employed full-time at the date when they cease to be an employee.

RPT16.8

Where a computation for severance pay involves a part of a year of the total period under consideration, the computation of that part shall be made on a monthly basis, and,

(a) any part of a month that is less than fifteen (15) days shall be disregarded; and

(b) any part of a month that is fifteen (15) or more days shall be deemed to be a month.

RPT16.9

For purposes of determining qualification for severance pay and the amount of severance pay to which an employee is entitled, an employee’s service shall not include any period when they are on leave of absence without pay for greater than thirty (30) days or for a period which constitutes a hiatus in their service, such as:

(a) Political Activity (Public Service of Ontario Act, 2006, Part V)

(b) Layoff (Article RPT8 – Layoff, Surplus Entitlements and Surplus Pension Bridging)

(c) Educational Leave (Public Service Commission Key Directive on HR Administration, section 14 and 15).

RPT16.10

An employee may receive only one (1) termination payment for a given period of service.

RPT16.11

Notwithstanding Article RPT16.8, an employee who has been released in accordance with Article 29 (Surplus Entitlement) and who is subsequently re-appointed within two (2) years may, at their option, repay any termination payments received under this Article to the Minister of Finance, and, thereby, restore termination pay entitlements for the period of service represented by the payment.

RPT16.12

An employee, when they cease to be an employee, shall have any accrued severance pay entitlements from their service, when covered under employee benefits for full-time Regular employees of this Collective Agreement calculated on the basis of their salary as though they were employed full-time.

RPT16.13

In a case where an employee leaves employment with the Employer and acquires a job with a Crown Agency, the Employer may pay out the termination pay immediately or, by arrangement with the Crown Agency, transfer liability for the termination pay to the Crown Agency, in which case such liability will be assumed by the Crown Agency and the Employer will be relieved from any further obligation in this regard, save and except that where the Crown Agency does not satisfy its obligation, the Employer shall do so.