Master Agreement Between the Government of the Province of Alberta and the Alberta Union of Provincial Employees

Article 37

Annual Vacation Leave

37.01 An Employee shall not take vacation leave without prior authorization from the Employing Department.
37.02 An Employee hired into a permanent or temporary salaried position shall receive one (1) work day vacation for each full calendar month of service completed in that first calendar year.  An Employee commencing with the Employer on or before the fifteenth (15th) day of any month shall earn one (1) work day vacation for that month.  An Employee commencing on or after the sixteenth (16th) day of any month shall earn one (1) work day vacation from the first day of the following month.
(a) Vacation credited in this Clause shall be taken by the Employee no later than the end of the second calendar year of employment.
(b) Should an Employee terminate employment prior to the end of the first calendar year and have taken more vacation then they had earned, the Employee will be required to pay back the unearned amount at the same rate that it was paid to the Employee.
37.03 Vacation entitlements with pay, shall be as follows:
(a) An Employee who has completed twelve (12) full calendar months' service as of December 31st, shall receive fifteen (15) work days' vacation.
(b) An Employee who has completed eight (8) years' service as of December 31st, shall in the subsequent year(s) receive twenty (20) work days' vacation.
(c) An Employee who has completed sixteen (16) years' service as of December 31st, shall in the subsequent year(s) receive twenty-five (25) work days' vacation.
(d) An Employee who has completed twenty-five (25) years' service as of December 31st, shall in the subsequent year(s) receive thirty (30) work days' vacation.
(e) An Employee who has completed less than twelve (12) full months' service as of December 31st, shall receive one and one-quarter (1 1/4) work days' vacation for each calendar month worked from the commencement of his service, provided that when employment has commenced on or before the fifteenth (15th) day of any month, he shall earn vacation entitlements from the first day of that month and when employment has commenced on or after the sixteenth (16th) day of any month, he shall earn vacation entitlements from the first day of the following month.
37.04 All calculations which result in one-quarter or three-quarters work day fractions shall be rounded out to the next half or full day, whichever applies, except when vacation pay is paid out upon termination pursuant to Clause 37.12.
37.05 If one or more paid holidays falls during an Employee's annual vacation period, another day or days may be added at the end of the vacation period or at a time authorized by the Employing Department.
37.06 An Employee shall earn vacation leave pursuant to Clause 37.03 when authorized, during the following absences:
  (a) financially assisted Education Leave;
(b) the first forty-four (44) consecutive work days of sick leave or absence during Workers' Compensation Supplement; and
(c) any other leave of absence with or without pay for the first twenty-two (22) work days.
37.07 Vacation leave may be taken in one continuous period or in separate periods.
37.08 (a) Except as is otherwise provided herein vacation leave in respect of each year of service shall be taken:
(i) within sixteen (16) months after the end of that year; and
(ii) at such time or times as may be approved by the Employing Department.
(b) If the exigencies of his duties prevent an Employee from taking his vacation leave or part thereof within the sixteen (16) month period specified by Sub-Clause (a) of this Clause, he shall take that leave within the six (6) months following that period.
(c) If an Employee, for sufficiently valid personal reasons, wishes to take his vacation leave or part thereof within six (6) months after the end of the sixteen (16) month period specified in Sub-Clause (a) of this Clause, he shall be permitted to do so at such time or times as the Employing Department may approve.
(d) Vacation leave shall normally not be postponed as provided by (b) and (c) of this Clause in two (2) successive years.
(e) When vacation leave is taken within the last four (4) months of the sixteen (16) month period specified in Sub-Clause (a) or is postponed as provided by Sub-Clause (b) or (c), it may be taken immediately before the next period of vacation leave to which the Employee is entitled.
(f) Notwithstanding the other provisions of this Article, and subject to operational requirements, an Employee who so requests may be authorized to take vacation leave which has been earned at a specified time within the year in which it was earned, and the vacation leave to be taken by him in the following year shall be correspondingly reduced.
37.09 Where an Employee is allowed to take any leave of absence, other than sick leave in conjunction with a period of vacation leave, the vacation leave shall be deemed to precede the additional leave of absence, except in the case of maternity leave which may be authorized before or after vacation leave.
37.10 Once vacations are authorized they shall not be changed, other than in cases of emergency, except by mutual agreement.
37.11 An Employee who fails to return to work following the last day of authorized vacation leave shall be considered to have absented himself from employment and the provisions of Clause 13.06 shall apply.
37.12 An Employee shall not be paid cash in lieu of vacation earned, except upon termination in which case he shall receive vacation pay for such vacation earned but not taken.
37.13 The Employing Department shall, subject to the operational requirements of the Department, make every reasonable effort to grant an Employee, upon request, at least two (2) weeks of his annual vacation entitlement during the summer months.

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