16.01

Effective January 1, 2025, each employee covered by this Collective Agreement, who is required to provide and wear a plain clothes uniform as part of the employee’s duties, shall be reimbursed by the Employer for expenses incurred in the purchase of such clothing, to a maximum of one-thousand, seven hundred and fifty dollars ($1,750.00) per annum, inclusive of dry cleaning, upon presentation of the necessary receipts. If an employee performs such duties for less than a calendar year, but for a period or periods totaling one calendar month (30 days) or more in that year, the employee shall be entitled to reimbursement of a proportionate part of the expenses in the same ratio that the employee’s time so spent bears to that calendar year.

16.02

Each employee entitled to the expenses under Section 16.01 shall submit a claim once annually in January for the preceding year to be reimbursed not later than the month of February, next following.

15.01

Where an employee who has served more than six (6) months dies, there shall be paid to the deceased employee’s personal representative or, if there is no personal representative, to such person as the Employer determines, the sum of:

(a) any regular salary due;

(b) one-twelfth (1/12) of the deceased employee’s annual salary;

(c) the deceased employee’s salary for the period of vacation, leave-of-absence and overtime credits that have accrued; and

(d) an amount in respect of attendance credits or severance pay computed in the manner and subject to the conditions set out in Article 8, Termination Payments.

(e) Benefit Coverage for Dependents of Deceased Employees — The Health and Welfare and Dental benefit coverage for spouses and eligible dependents of a deceased employee shall continue for one (1) year from the date of death of the employee.

15.02

(a) The surviving spouse or dependents of the deceased employee may be paid up to two thousand dollars ($2,000.00) of the above without the prior consent of the Provincial Treasurer.

(b) Any indebtedness to the Crown on the part of the deceased member, such as overpaid (advance) salary, and overdrawn attendance credits, must be deducted from the above entitlement before payment is made.

(c) All net payments are subject to income tax.

15.03.01

Where an employee is killed in the line of duty, the Employer will reimburse the employee’s surviving spouse or dependents of a deceased employee for funeral/burial expenses up to a maximum amount of $12,000.

15.03.02

Article 15.03.1 comes into effect December 31, 1999.

15.04

Where an employee is killed in the line of duty, the Employer shall provide pecuniary aid to the employee’s spouse.

(a) The objective of the aid is to provide a supplement to eligible governmental, legislated and pension plan payments which an employee’s spouse is eligible for from the Workplace Safety and Insurance Board (“WSIB”), the Canada Pension Plan (“CPP”) and the Ontario Public Service Pension Plan (“PSPP”) on behalf of the spouse and their children.

(b) The supplementary payment shall be equal to the difference between the total amount which the employee’s spouse is eligible to receive and the after-tax salary being paid to the employee at the date of the employee’s death, calculated monthly. The employee’s spouse shall co-operate by providing the necessary information required to determine these amounts.

(c) The award shall be adjusted, as required, to reflect the after-tax salary rate that would have been paid to the employee had they remained an employee of the Ontario Provincial Police at the rank or classification they held at the date of their death. The award shall continue until the employee’s earliest unreduced pension date or until their spouse remarries or enters into a common-law marriage, whichever date is earlier.

(d) If an employee is killed in the line of duty, the employee’s surviving spouse and eligible dependents shall have the option to make elections, which may include access to be covered by the OPPA’s insured benefits plan, unless the spouse and eligible dependents are covered for insured benefits as a survivor pension recipient.

Should the surviving spouse and eligible dependents not be entitled to insured benefits coverage as a survivor pension recipient, their entitlement shall continue until the date that would have been the employee’s earliest unreduced pension date or until the spouse remarries or enters into a common-law marriage, whichever date is earlier, and until the dependents are no longer defined as eligible dependents under the benefits plans.

14.01

An employee shall be entitled to the following statutory holidays each year:

Any other public holiday as proclaimed by the Governor General or Lieutenant Governor.

14.02

(a) Each member shall be credited with ninety-six (96) hours in lieu of the twelve (12) statutory holidays contained in Section 14.01. Such hours shall be credited to statutory holiday bank on January 1st in each calendar year.

(b) If a member works a scheduled shift on a statutory holiday, the employee’s statutory holiday bank shall be credited with one half (1/2) hour for every hour worked that is not overtime.

(c) A separate shift schedule may be used to cover the Christmas/New Year’s holiday period in which members are scheduled to take seven consecutive days off, composed of four (4) rest days and three (3) statutory holidays. Under this separate shift schedule, members will be required to remove the corresponding number of hours from their statutory holiday bank (e.g. twenty-four (24), thirty (30), thirty-six (36)).

Except with the mutual agreement of a member and their supervisor, the separate shift schedule covering this holiday period shall be rotated annually to ensure that members receiving the Christmas Day and Boxing Day period off in one (1) year, will receive the New Year’s Day period off in the subsequent year.

Members of a workplace may decide in a majority decision to remain on their regular shift rotation. When this occurs members will not be required to take days off during the holiday period other than their regular scheduled rest days.

(d) Hours accumulated under paragraphs (a) and (b) of this Section, and remaining in the statutory holiday bank following the application of paragraph (c), shall be paid in the month immediately following the calendar year.

(e) Where an employee uses statutory holiday bank hours during the vacation leave period or as required by Article 14.03, the employee shall be deemed to have taken the statutory holiday benefit and the employee’s statutory holiday bank shall be reduced by the corresponding number of hours of the employee’s shift schedule.

(f) Where an employee uses the time in their statutory holiday bank, their bank shall be reduced by the corresponding number of hours of the employee’s shift schedule.

14.03

Employees normally working in an administrative position, resulting in their absence on a day that a statutory holiday falls, shall be deemed to have taken that holiday, and their statutory holiday bank shall be reduced by an amount equal to hours normally worked in a shift, and no further compensation shall be granted.

14.04

Special holidays as proclaimed by the Governor General or Lieutenant Governor as referred to in Section 14.01 and which are granted during vacation leave-of-absence shall be computed as part thereof, but no other holidays shall be computed therein.

13.01

An employee is entitled to a vacation leave-of-absence after completing no less than six (6) months’ service which shall be limited to the period covered by the employee’s accumulated vacation credits.

13.02

An employee who leaves the service after serving more than a month but less than six (6) months shall receive vacation pay at the rate of four percent (4%) of salary paid to the employee during this period.

13.03

Pay in lieu of vacation credits is payable on separation or on death of an employee from the service when an employee has been in the service for six (6) months or more.

13.04

Vacation leave-of-absence must be taken at such time as is designated by the Commissioner or the Commissioner’s designee. It is understood that, where practicable, the rescheduling of a previously assigned vacation period will be avoided unless such rescheduling is by mutual agreement.

13.05

An employee may accumulate vacation to a maximum of twice the employee’s annual credits but shall be required to reduce this accumulation to a maximum of one (1) year’s credits by December 31st of each year.

13.06

Where an employee is unable to reduce the vacation accumulation before the end of the year because of:

(i) sickness,
(ii) total disability,
(iii) an injury resulting in an award under the Workplace Safety and Insurance Act, 1997,
(iv) an extraordinary requirement of the Employer,

the Commissioner may extend the time limit in 13.05 above.

A request in writing for carry over of excess leave must be made prior to 31 December of each year. Failure to make a request will result in the loss of any excess vacation credits.

13.07

(a) Effective January 1, 2009, employees who have completed six (6) months of service are entitled to annual vacation as follows:

(i) One and one-quarter (1-1/4) days per month during the first eight (8) years of continuous service.

(ii) One and two-thirds (1-2/3) days per month upon completion of eight (8) years of continuous service.

(iii) Two and one-twelfth (2-1/12) days per month upon completion of fifteen (15) years of continuous service.

(iv) Two and one-half (2-1/2) days per month upon completion of twenty-four (24) years of continuous service.

(v) Two and eleven-twelfths (2-11/12) days per month upon completion of thirty (30) years of service.

13.07

(b) An employee who has completed one (1) year of service will be credited at the beginning of the vacation year with all the days of vacation to which the employee becomes entitled during the year.

(c) Notwithstanding sub-section (b) above, where an employee separates from the OPP prior to the end of the vacation year, vacation entitlement will be reduced, pro rata, by the number of whole months remaining in the vacation year.

(d) Where an employee separates from the OPP with a deficit of vacation credits, the value of this deficit will be deducted from any monies owing to the employee.

(e) For the purpose of this Section “vacation year” shall be the calendar year.

13.08

Vacation credits do not accumulate during any month in which an employee is absent from duty for the entire month for any reason other than vacation leave-of-absence or leave-of-absence with pay.

13.09

An employee is entitled to vacation credits in respect of a month or part thereof in which the employee is at work or on leave-of-absence with pay.

13.10

For the purpose of Article 13.07, an employee’s length of “continuous service” will accumulate upon completion of a probationary period of not more than one (1) year and shall commence from the date on which an employee commences a period of unbroken, full-time service (Civilian and Uniform) in:

(a) the Ontario Public Service;

(b) a Police force which is amalgamated with the OPP;

(c) the Canadian Forces Military Police;

(d) the OPP Administered First Nations Police;

(e) any other Canadian Police Service; and

(f) Effective January 1, 2025, Ontario Public Bodies and Commission Public Bodies.

(g) Within sixty (60) days of January 1, 2025, employees hired prior to January 1, 2025 and who remain employed will have a one (1) time opportunity to submit in writing a claim for previous service in an Ontario Public Bodies and Commission Public Bodies for the purposes of vacation entitlement only. The employee shall cooperate with the Employer by providing verification of previous service. These claims shall be reviewed by the Employer and employees shall be provided with the appropriate credit for years of service, for vacation entitlement purposes, commensurate with their years of service on a go-forward basis. For clarity, any change to the vacation entitlement shall become effective on January 1, 2025 and there shall be no retroactivity.

For clarity, vacation entitlement (the amount of annual vacation) is based on “continuous service” in (a), (b), (c), (d), (e), (f) and (g).

Vacation selection (the choosing of when to take vacation) is based on “seniority”. “Seniority” is continuous service with (a) and/or (b) only.

13.11

No employees shall exceed the maximum vacation entitlement as set out in Article 13.07.

13.12

An employee with less than 14 years of service may elect to designate one (1) vacation leave period per year whereby the Employer will protect the rest day(s) which occur immediately before and after the vacation leave period. Employees who elect to protect their rest days during a specific vacation leave period shall identify the designated leave period during their respective annual vacation selection.

13.13

An employee with more than 14 years of service may elect to designate two (2) vacation leave periods per year whereby the Employer will protect the rest day(s) which occur immediately before and after the vacation leave period. Employees who elect to protect their rest days during a specific vacation leave period shall identify the designated leave period during their respective annual vacation selection.

13.14

Where an employee is required to report for any period of work on or during the vacation leave period, including rest day(s) that occur immediately before and immediately after the vacation leave period, the employee shall receive payment in accordance with Article 6.02(c) of the collective agreement.

12.01.01

Effective April 19, 2022, leave of absence for the purpose of travelling to and attending executive board meetings shall be granted without deduction from credits, as follows:

a) No member will be granted leave of absence to attend the Association’s Spring Board Meeting. For clarity, the Association voluntarily decided to eliminate this meeting.

b) The President and Vice-President of each branch (up to twenty Presidents and twenty Vice-Presidents in total) shall be granted up to five (5) days for the purpose of attending the annual OPPA Spring Executive Meeting, formerly known as Presidents’ Week, in May. In addition, up to two (2) days’ leave of absence may be granted for necessary traveling time.

c) Civilian delegates from each branch shall be granted four (4) days for the purpose of attending the Fall Annual General Meeting (AGM). In addition, up to two (2) days’ leave of absence may be granted for necessary traveling time.

d) Uniform delegates from each branch shall be granted four (4) days for the purpose of attending the Fall Annual General Meeting (AGM). In addition, up to two (2) days’ leave of absence may be granted for necessary travelling time.

e) For the purposes of the AGM, the total delegates from paragraphs c) and d) will not exceed eighty (80) delegates.

f) For clarity, time off shall only be granted for the sole purpose of attending the meetings as set out under this article. The delegate’s schedule should be altered to balance their schedule in accordance with a standard administrative schedule (i.e. Monday to Friday, eight (8) hours per day) as per current practice for mandatory training. Where there is disagreement on the application of this provision, either party may address the issue with the Regional/Bureau Commander. If it cannot be resolved at this level, final resolution will be taken to the respective Deputy Commissioner or Provincial Commander.

g) In the event that the meetings conclude prior to the maximum number of days outlined above, members shall not be permitted to use the remaining days intended for meeting attendance and related travel, where applicable, for further leave.

12.01.02

Where a member is required to be on duty on the shift that falls on the day immediately prior or immediately after either association executive board meetings, the member may request additional leave of absence for purpose of rest. Requests for this additional leave shall be subject to operational requirements and will not be unreasonably denied. Where a request for a rest day is granted, the time off shall be deducted from the member’s available attendance credits (i.e. Stat Time, Vacation, Overtime).

12.01.03

The OPPA will provide notification to the OPP of the dates of the AGM and the Spring Executive Meeting, and the names of members who will attend each meeting. Notification is to be provided to the OPP at minimum forty-three (43) days in advance of the commencement of the leave period. Notwithstanding the OPPA’s notification obligations, any member attending the AGM or Spring Executive Meeting shall also notify their Regional/Bureau Commander of the dates of the leave, at minimum forty-three (43) days in advance of its commencement. Changes may be requested up to six (6) days prior to the date of the meeting, subject to the approval of the Regional/Bureau Commander.

12.02

A leave-of-absence with pay may be granted to employees to assume full-time duties as Executive Officers of the Association. The salaries shall be determined by the Association and paid by the Government of Ontario as advised from time to time by the Association. Pension and benefits plans shall be calculated based on the salary for the Executive Officer. The Association shall reimburse the Government of Ontario for the salaries, the Government’s share of the superannuation contribution, the premiums for all benefit and insurance plans and the cost of any other employee benefit or premium. All other benefits applicable to the employee so placed on leave shall apply.

12.03

A leave-of-absence with pay shall be granted to seven (7) employees to assume full-time duties as members of the Board of Directors and President of the Association. An additional leave of absence with pay shall be granted for one (1) employee to assume the full time duties of the position of Chief Administrative Officer of the Association in the event that this position is filled by an employee from a position in the Uniform or Civilian bargaining unit. Their salaries will be determined by the Association in consultation with the Employer and paid by the Government of Ontario as advised from time to time by the Association. Pension and benefits plans shall be calculated based on the salary of the Board of Directors, President, and Chief Administrative Officer, and all other benefits applicable to the employees placed on leave shall apply. The Association will reimburse the Government of Ontario the difference between the salary, pension contributions and premiums for their insurance and benefits plans of the Board of Directors, President and Chief Administrative Officer of the Association and their OPP rank/classification salary, pension contributions and premiums for their insurance and benefit plans.

12.04

For clarity, the eight (8) employees identified in the 12.03 shall be a combined total of uniform and civilian members.

12.05

(a) Effective April 1, 2017, the Association will reimburse the Government of Ontario for the salaries and the Government’s share of the pension contributions for two (2) of the eight (8) paid leave positions listed in 12.03 above. The Association shall identify the selected positions to the Employer before April 1, 2017.

(b) Effective April 1, 2018, the Association will reimburse the Government of Ontario for the salaries and the Government’s share of the pension contributions for two (2) more of the eight (8) paid leave positions listed in 12.03 above. The Association shall identify the selected positions to the Employer before April 1, 2018.

11.01

Leave-of-absence with pay and benefits, or, without pay and without accumulation of credits may be granted to an employee for a period of one (1) year or more for the purpose of undertaking employment with a foreign aid program or other public agency. Where the leave of absence without pay and without accumulation of credits is granted, the employee at the employee’s option, may continue to participate in the group insurance plans in which the employee would have participated if the employee pays the full premiums for the coverage under the plans and pays the employee’s contributions and those matching contributions that would be the responsibility of the Employer under the Public Service Pension Act.

11.02

At the discretion of the Commissioner or the Commissioner’s designee, and work duties permitting, an employee may be allowed to attend in-service training lectures held during the employee’s tour of duty.

11.03

The Commissioner 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.

11.04

An employee granted a leave of absence pursuant to Article 11.03 shall accrue credits during such leave.

10.01

Where an employee is absent by reason of a subpoena to serve as a witness, the employee may opt to:

(a) treat the absence as leave without pay and retain any fee received as a witness;

(b) deduct the period of absence from the employee’s vacation leave-of-absence credits or overtime credits and retain any fee received as a witness; or

(c) treat the absence as leave with pay and pay to the Employer any fee that was received as a witness.

10.02

(a) An employee attending court as a result of on-duty conduct, excluding a hearing convened pursuant to the Community Safety and Policing Act, and the conduct is in relation to the performance of their duties as an employee, the employee shall be deemed to be on-duty for pay purposes.

(b) The employee’s Regional or Bureau Commander shall determine whether the employee is on-duty for pay purposes. An employee may appeal that decision to the Regional or Bureau Commander’s respective Provincial Commander.

(c) When the Employer directs an employee to attend a Community Safety and Policing Act hearing, the employee shall be deemed to be on-duty for pay purposes.

10.03

(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.

10.04

Effective October 13, 2020, where an employee is required to attend court after their last scheduled night shift ending at 3:00am or thereafter, the employee may be excused from duty for all or part thereof their scheduled shift, subject to the emergent operational needs or exigent circumstances of the OPP. Such request for time off shall not be unreasonably withheld and shall be deducted from the employee’s available attendance credits (i.e., Stat Time, Vacation, Overtime).

9.01.01

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, guardians, step-grandparents, step-grandchildren, grandchildren and the grandparents of the employee and spouse. “In-law” and “step” relations listed in this article include such relatives of a common-law spouse or same sex spouse or partner.

9.01.02

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.

9.01.03

Necessary travelling time may be granted in accordance with Section 9.02(a) in the event of the death of a relative listed in Articles 9.01.01 or 9.01.02.

9.01.04

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

9.02

(a) The Commissioner, or the Commissioner’s designee, who shall be a Commissioned Officer, 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.

(b) Any denial of such leave-of-absence request may be appealed to the Provincial Commander, Corporate Services, or designee.

(c) Leave-of-absence without pay and without accumulation of credits may be granted to an employee by the Commissioner.

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

(i) up to six (6) months with the approval of the Commissioner,

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

(e) No employee shall be absent from duty on a leave-of-absence provided for in sub-sections 9.02(c) and 9.02(d) unless the employee previously obtained the authorization required by this sub-section.

(f) An application for leave-of-absence under Section 9.02 shall be in writing and shall set out the reason for the leave-of-absence.

9.03.01

The Commissioner 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 their appointment to the regular service. The leave of absence shall be in accordance with the provisions of the Employment Standards Act, 2000.

9.03.02

Notwithstanding Article 7 (Short Term Sickness Plan), Article 13 (Vacations and Vacation Credits), Article 8 (Termination Payments), and Article 39 (Long Term Income Protection), vacation credits, seniority and service continue to accrue during the pregnancy leave.

9.03.03

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.

9.03.04.01

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 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.

9.03.04.02

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 9.03.04.02(b) have terminated and prior to returning to the workplace.

(d) where an employee takes parental leave in conjunction with pregnancy leave, Article 9.03.04.02(c) shall not apply.

9.03.05.01

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 9.04 (Parental Leave).

9.03.05.02

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 9.04 (Parental Leave).

9.03.06

A female employee returning from a pregnancy leave shall be assigned to their former location and position, if it still exists, or to a comparable position if it does not, and be paid at the step in the salary range that she would have attained had they worked during the leave of absence. If the position does not exist at the original location, the Employer will follow its current staffing practice.

9.03.07

In accordance with Articles 9.03.04.01(a), 9.03.04.01(b), 9.03.04.02(a) and 9.03.04.02(b) 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 she may become entitled during the leave.

9.03.08.01

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.

9.03.08.02

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.

9.03.09

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.

9.03.10

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.

9.04.01

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.

9.04.02

The Commissioner 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.

9.04.03

Notwithstanding Article 7 (Short Term Sickness Plan), Article 8 (Termination Payments) and Article 13 (Vacations and Vacation Credits), vacation credits, seniority and service continue to accrue during the parental leave.

9.04.04.01

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.

9.04.04.02

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.

9.04.05

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.

9.04.06.01

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.

9.04.06.02

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.

9.04.07

Except for an employee to whom Article 9.03 (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.

9.04.08

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.

9.04.09.01

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.

9.04.09.02

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 9.04.09.02(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 9.04.09.02(b) have terminated and prior to returning to the workplace.

or

(d) where an employee served the waiting period in accordance Article 9.03.04.02(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 9.04.09.02(b) have terminated and prior to returning to the workplace.

9.04.10

Under Article 9.04.09.01 and 9.04.09.02, 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.

9.04.11

An employee returning from a leave of absence under Articles 9.04.02 and 9.04.08 (Parental Leave) shall be assigned to their former location and position, if it still exists, or to a comparable position if it does not, and be paid at the step in the salary range that they would have attained had he or she worked during the leave of absence. If the position does not exist at the original location, the Employer will follow its current staffing practice.

9.04.12

In accordance with Article 9.04.09 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 leave, including any retroactive salary adjustment to which they may have been entitled during the leave.

9.04.13

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.

9.04.14

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.

9.05

(a) Where an employee is absent by reason of an injury or occupational disease for which a claim is made under the Workplace Safety and Insurance Act, 1997, the employee’s salary shall continue to be paid for a period not exceeding thirty (30) days. If an award is not made, any payments made under the foregoing provisions in excess of that to which the employee is entitled under Article 7 shall be an amount owed by the employee to the Employer and may be repaid by the employee by having a corresponding deduction made from the employee’s bank of accumulated attendance credits.

(b) Up to and including August 31, 2019, where an employee is absent by reason of an injury or occupational disease for which an award is made under the Workplace Safety and Insurance Act, 1997, the employee’s salary shall continue to be paid without loss of credits for a period not exceeding two (2) years. This period may be continuous or an accumulation of several absences.

Effective September 1, 2019, where an employee is absent by reason of an injury or occupational disease for which an award is made under the Workplace Safety and Insurance Act, 1997, the employee’s salary shall continue to be paid without loss of credits for the duration of the member’s receipt of WSIB benefits.

(c) Effective November 1, 2016 salary payments under Article 9.05 b) shall be reduced to the extent necessary to provide that an employee’s net earnings equal one hundred percent (100%) of their net earnings prior to the commencement of their absence.

(d) Up to and including August 31, 2019, where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, 1997, that is less than the employee’s regular salary and where the award continues to apply for longer than the periods set out in 9.05(b) and the employee has accumulated credits, the employee’s regular salary may be paid and the difference between the regular salary of the employee and the award shall be converted to its equivalent time and deducted from the employee’s accumulated credits.

(e) Up to and including August 31, 2019, where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, 1997, that is less than the employee’s regular salary and where the award continues to apply for longer than the periods set out in 9.05(b) the employee may, at the employee’s option, elect to receive benefits under the Short Term Sickness Plan as described in Article 7, including the right to use any accumulated credits to supplement the seventy-five percent (75%) benefit to one hundred percent (100%).

8.01

An employee who was appointed before the 1st day of January, 1970, and who ceases to be an employee, is entitled to be paid an amount in respect of the employee’s accumulated attendance credits for continuous service up to and including the 30th day of April, 1979, in an amount computed by multiplying one-half (1/2) of the number of days of the employee’s accumulated attendance credits remaining at the date the employee ceases to be an employee by the employee’s annual salary at the date the employee ceases to be an employee and dividing the product by two hundred and sixty-one (261). For the period from May 1, 1979, the benefits described under Section 8.04 shall apply.

8.02

Notwithstanding Section 8.01, an employee who was appointed on or after the 1st day of October, 1965, and before the 1st day of January, 1970, who ceases to be an employee because of,

(a)    death,

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

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

is entitled to receive for continuous service up to and including the 30th day of April, 1979,

    (i)    severance pay equal to one-half (1/2) week of salary for each year of continuous service before the 1st day of January, 1970, and one week of salary for each year of continuous service from and including the 1st day of January, 1970, or

    (ii)    the amount in respect of the employee’s accumulated attendance credits computed in accordance with Section 8.01 of this Article,

whichever is the greater, but the employee is not entitled to receive both of those benefits. For the period from May 1, 1979, benefits described under Section 8.04 shall apply.

8.03

An employee who is appointed on or after the 1st day of January, 1970, is entitled to severance pay for each year of continuous service up to and including the 30th day of April, 1979,

(a)    where the employee has completed one (1) year of continuous service and 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, or
    (iii)    dismissal for certain reasons under Section 39 of the Public Service of Ontario Act, 2006,

    in an amount equal to one (1) week of salary for each year of continuous service, or

(b)    where the employee has completed five (5) years of continuous service and ceases to be an employee for any reason other 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,

    in an amount equal to one (1) week of salary for each year of continuous service.

8.04.01

An employee appointed to the regular service between May 1, 1979 and December 31, 2008 shall be entitled to the benefits described under this Article.

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, or
    (iii)    dismissal for certain reasons under Section 39 of the Public Service of Ontario Act, 2006; 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 one (1) week of salary for each year of continuous service commencing from May 1, 1979.

Notwithstanding Article 8.04.01, an employee who voluntarily resigns is only entitled to termination payments for service accrued up to December 31, 2008.

8.04.02

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

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

is entitled to severance pay equal to one (1) week of salary for each year of continuous service commencing from May 1, 1979.

8.04.03

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.

8.04.04

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

8.05

(a)    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 before December 31, 2008 shall not exceed one-half (26 weeks) of the annual salary at the date when the employee ceased to be an employee pursuant to Article 8.04.01(a).

(b)    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 (13 weeks) of the annual salary at the date when the employee ceased to be an employee.

(c)    The calculation related to accumulated attendance credits or severance pay shall be based on the annual salary the employee was receiving when the employee ceases to be an employee.

(d)    Where a computation for severance pay involves part of a year, the computation of that part shall be made on a monthly basis, and

    (i)    any part of a month that is less than fifteen (15) days shall be disregarded
    (ii)    any part of a month that is fifteen (15) days or more shall be deemed to be a month.

8.06

An employee is not entitled to severance pay in respect of a period when the employee is on leave-of-absence without pay for a period which is greater than thirty (30) days, or for a period which constitutes a hiatus in the employee’s service such as:

(a)    Political Activity (Public Service of Ontario Act, 2006, Part V)
(b)    Layoff (Article 29)
(c)    Educational Leave (Public Service of Ontario Act, 2006, Public Service Commission Directive on HR Administration, sections 14 and 15).

8.07

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

8.08

Any severance pay to which an employee is entitled under Article 8 shall be reduced by an amount equal to any payment to which the employee is entitled under Section 15.01(b) of Article 15.

8.09

An Association represented employee who intends to terminate their employment and who would, upon the termination of employment, be entitled to severance pay under Article 8.01, 8.02, 8.03 or 8.04 may elect, in lieu of the payment provided for in those articles, to take a leave of absence with pay.

8.10

A leave pursuant to Article 8.09 shall not be more than the lesser of:

(a)    the length of time determined under those Articles for computing the severance pay to which the employee would be entitled; and
(b)    the length of time between the commencement of the leave of absence with pay and the end of the month in which the employee will attain sixty-five (65) years of age.

8.11

The employment of an employee who has elected under Article 8.09 to take a leave of absence with pay continues until the end of the leave of absence.

8.12

An employee’s entitlement to a severance payment under 8.01, 8.02, 8.03 or 8.04 shall be reduced to reflect the time taken by the employee under Article 8.09 as a leave of absence with pay.

7.01

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.

7.02

An employee is not entitled to leave-of-absence with pay under Section 7.01 of this Article until after completion of twenty (20) consecutive working days of employment.

7.03

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 7.01 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.

7.04.01

An employee who has used leave-of-absence with pay for one hundred and thirty (130) working days in a calendar year must complete twenty (20) consecutive working days of employment before the employee is entitled to further leave under Section 7.01 of this Article in the next calendar year.

7.04.02

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. 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.

7.04.03

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.

7.05

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

7.06

An employee who is on leave-of-absence with pay under Section 7.01(ii) of this Article may, at the employee’s option, have one quarter (1/4) of a day deducted from the accumulated credits (attendance, vacation, statutory holiday bank or overtime credits) for each day of leave to which Section 7.01(ii) applies and receive regular salary for each such day.

7.07

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 7.01 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.

7.08

Section 7.07 does not apply to an employee who qualifies for and elects to receive benefits under the Long Term Income Protection Plan.

7.09

(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 their respective scope of practice) is forwarded to the Commissioner or, the Commissioner’s designee, 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 7.09 (a), the Commissioner or the Commissioner’s designee, who shall be a Commissioned Officer, may require an employee to submit the certificate required by Section 7.09 (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.

7.10

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.

7.11

An employee appointed prior to April 1, 1979, will be entitled to benefits provided by the Short Term Sickness Plan effective from May 1, 1979.

7.12

Notwithstanding Section 7.11 an employee who has qualified for or is receiving benefits provided under a long term disability plan provided by the Employer must complete twenty (20) consecutive working days of employment to qualify for benefits under the Short Term Sickness Plan.

7.13

Employees appointed on or after April 1, 1979, must complete twenty (20) consecutive working days of employment to qualify for benefits under the Short Term Sickness Plan.

7.14

An employee shall have the attendance credits earned and unused to April 30, 1979, from those credits advanced on October 1, 1978, added to the employee’s total of accumulated credits. An employee shall retain all credits earned and unused prior to May 1, 1979, for use as specified under Section 7.06 of this Article, or, where the employee is eligible, under Article 8 upon termination.

7.15

If an employee has an attendance credit overdraft as of April 20, 1979, such overdraft will be forgiven.

7.16

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

7.17

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.

7.18

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.

7.19

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.