Agreement on Conditions and Terms of Employment 2014

 

AGREEMENT ON
CONDITIONS AND TERMS OF EMPLOYMENT

BETWEEN

THE UNIVERSITY OF BRITISH COLUMBIA (UBC)

AND

THE ASSOCIATION OF ADMINISTRATIVE
 AND PROFESSIONAL STAFF (AAPS)

July 1, 2014 to June 30, 2019

 

NOTE: Changes from the 2012 Collective Agreement are in bold.

Table Of Contents

 

Article 1                  Preliminary

1.1                             Purpose of the Agreement
1.2                             Scope of Agreement
1.2.1                          Application
1.2.2                          Minimum Standards
1.3                             Term of Agreement
1.4                             Parties
1.5                             Definitions
1.6                             Precedence of This Agreement

Article 2                  University Rights

Article 3                  Categories of Employees

3.1                             Types of Employees
3.1.1                          Regular Employees
3.1.2                          Term Employees
3.1.3                          Term Employees with Three Years of Service

Article 4                  Grievance and Arbitration Procedures

Article 5                  Hiring, Transfer and Promotion

5.1                             Probationary Period
5.1.1                          New Regular Employees
5.1.2                          Term Employees
5.1.3                          Transferred or Promoted Employees
5.1.4                          Entitlement
5.2                             Service Recognition
5.2.1                          Calculation of Service
5.2.2                          Service Benefits
5.3                             Job Postings
5.4                             Job Changes
5.4.1                          Promotion
5.4.1.1                       Temporary Promotion
5.4.2                          Transfer
5.4.3                          Secondment
5.4.4                          Reassignment
5.4.5                          Reclassification
5.4.6                          Demotion
5.4.7                          Notification to AAPS

Article 6                  Evaluation

6.1                             Practice and Procedure
6.2                             Performance Problem Resolution
6.3                             Steps To Problem Resolution

Article 7                  Personnel Records

Article 8                  Discipline and Termination

8.1                             Progressive Discipline
8.2                             Proof of Just Cause
8.3                             Right to Representation
8.4                             Disciplinary Procedures
8.5                             Procedural Requirements
8.6                             Termination of Employment for Just Cause
8.6.1                          Authorization
8.6.2                          Probationary Employees
8.7                             Grievances
8.8                             Remedy for Unjust Termination
8.8.1                          Severance
8.9                             Removal of Documents

Article 9                  Termination of Employment Without Cause

9.1                             Regular Employees
9.1.1                          General
9.1.2                          Authorization
9.1.3                          Reasons for Termination
9.1.4                          Search for Alternatives
9.1.5                          Training
9.1.6                          Salary Retention
9.1.7                          Notice Entitlements
9.1.8                          Duty to Mitigate
9.1.9                          Form of Notice
9.1.10                        Transition Counselling
9.1.11                        Resignation
9.2                             Term Employees
9.2.1                          Expiration of Term and Renewal
9.2.2                          Termination of Employment During the Term
9.3                             Probationary Employees
9.3.1                          Notice or Pay in Lieu of Notice

Article 10                Hours of Work

10.1                           Standard Work Week
10.2                           Different Configurations
10.3                           Workplace Options
10.4                           Additional Hours of Work

Article 11                Statutory Holidays, Vacation

11.1                           Statutory Holidays
11.2                           Vacation
11.2.1                        Carry-over of Unused Vacation Time
11.2.2                        Pay-out for Vacation Time
11.2.3                        Pay-back for Vacation Time

Article 12                Leaves of Absence

12.1                           Professional Development
12.2                           Study Leave
12.2.1                        Study Leave:  Salary Entitlement
12.2.2                        Study Leave Salary Entitlement:  Non-University Funds
12.2.3                        Study Leave:  Approval Process
12.3                           Sick Leave
12.3.1                        Documentation
12.3.2                        Illness or Injury of Dependents
12.3.3                        Subrogation Clause
12.4                           Compassionate Leave
12.5                           Pre-Placement Adoption Leave
12.6                           Maternity, Parental and Adoption Leave
12.6.1                        Maternity Leave
12.6.1.1                     Employment Insurance Maternity Benefits
12.6.1.2                     Maternity Leave Supplemental Employment Benefits Plan (Birth Mother)
12.6.1.3                     Benefits During Maternity Leave
12.6.2                        Parental Leave for the Birth Mother
12.6.2.1                     Benefits During Parental Leave for the Birth Mother
12.6.2.2                     Maximum Leave for the Birth Mother
12.6.3                        Parental Leave for the Birth Father
12.6.3.1                     Benefits During Parental Leave for the Birth Father
12.6.4                        Employment Insurance Parental Benefits
12.6.5                        Parental Leave for Adoptive Parents
12.6.5.1                     Benefits During Parental Leave for the Adoptive Parent
12.6.6                        Employment Insurance Parental Benefits for Adopting Parents
12.6.7                        Vacation and Sick Leave
12.6.8                        Extension of Probationary Period
12.7                           Court Duties
12.8                           Leave of Absence
12.9                           Deferred Salary Leave
12.10                         Paid Leave (Christmas)

Article 13                Benefits

13.1                           Pension Plan
13.2                           Medical Services Plan
13.3                           Extended Health and Dental Plans
13.4                           Life Insurance Plans
13.5                           Long Term Disability Plan (Disability Benefits Plan)
13.6                           Tuition Fee Benefits
13.6.1                        Tuition Fee Benefits: Courses
13.6.2                        Transfer of Tuition Fee Benefits

Article 14                Protection of Employees

14.1                           Human Rights, Discrimination and Harassment
14.2                           Technological, Organizational or Operational Change
14.3                           Professional Rights
14.3.1                        Standards of Practice
14.3.2                        Impact of Evaluation on Professional Standing
14.4                           Insurance
14.5                           Retirement Policy
14.6                           University-Initiated Upgrading
14.7                           Crossing Picket Lines
14.8                           Changes

Article 15                Copies of Agreement

Article 16                Employee Data

Letters of Agreement

Letter of Agreement #1 – Re:  Pay Structure and Salary Administration Policy

Letter of Agreement #2 – Re:  Benefit Coverage Beyond Age 65

Letter of Agreement #3 – Re:  Professional Development

Letter of Agreement #4 – Re: Search for Alternatives

Letter of Agreement #5- Re: Economic Stability Dividend

Appendices

Appendix 1 – Supplemental Employment Benefits

Appendix 2 – Deferred Salary Leave Plan

Documents

Document A – Classification Matrix & Salary Grid

Document B – Benefits

Document C – Comparator Organizations

Framework Agreement


Agreement On Conditions And Terms Of Employment Between AAPS And UBC

Article 1      Preliminary

1.1                   Purpose of the Agreement

The purpose of this Agreement is to set forth certain terms and conditions of employment for Management and Professional Staff employed by the University.

1.2                   Scope of Agreement

1.2.1                Application

This Agreement applies to all employees within the scope of the bargaining unit as set out in Article 4.0 of the Framework Agreement.

1.2.2                Minimum Standards

The parties agree that employees are entitled, at a minimum, to the standard set out in this Agreement.  Individual agreements providing different terms and conditions than in this Agreement shall be provided to AAPS prior to being finalized.

1.3                   Term of Agreement

The term of this Agreement shall be from July 1, 2014 to June 30, 2019.  This Agreement shall continue until a new agreement is in place.

1.4                   Parties

The parties to this Agreement are the Association of Administrative and Professional Staff and The University of British Columbia.

1.5                   Definitions

For the purposes of this Agreement:

“AAPS” means the Association of Administrative and Professional Staff of the University of British Columbia.

“University” means The University of British Columbia.

“Employees” means Management and Professional (M&P) staff employed directly by the University of British Columbia and treated as such by Revenue Canada, except for those M&P staff excluded based on organizational and conflict of interest considerations, in accordance with the Framework Agreement.

“Framework Agreement” means the Framework Agreement and the Letter of Agreement ratified by the parties on May 18, 1995, and any subsequent renewals of the Framework Agreement.

“Work Unit” is one of the following:

  • Service Department
  • Centre, Institute or School
  • Office of a Dean
  • Academic Department or Division
  • Office of the President
  • Office of a Vice-President
  • Office of an Associate Vice-President
  • Office of the Deputy Vice Chancellor and Principal
  • Office of the Provost and Vice Principal

1.6                   Precedence of This Agreement

The parties believe that the University policies and this Agreement are essentially compatible.  However, should conflicts arise between University policies and the express provisions of the Agreement, the latter shall prevail.

Article 2      University Rights

All rights not specifically addressed in this Agreement or the Framework Agreement are reserved for the University.  The University agrees to act fairly, reasonably and without discrimination when exercising these rights.

Common law employment principles apply to the employment relationship between the University and employees unless specifically modified by the terms of this Agreement.

It is understood that the determination of which matters are covered by a specific term of this Agreement and which are solely within the rights and discretion of the University is subject to the grievance procedure.  Exercise of the University’s rights and discretionary decision making power is not subject to the grievance procedure, except with regard to whether such rights and discretion were exercised fairly, reasonably and without discrimination.

Article 3      Categories of Employees

3.1                   Types of Employees

The diversity of positions available to employees lends itself to a variety of employment arrangements.  Employees can be classified as regular or term, can be employed either on a full-time or part-time basis, and can be paid on a monthly or hourly basis.

3.1.1                Regular Employees

A regular employee is an employee hired with no stated term of employment.

3.1.2                Term Employees

A term employee is an employee hired with a stated period of employment, usually twelve months or less.  At the end of the period, a term employee may be hired for another period of employment.

3.1.3                Term Employees with Three Years of Service

A term employee who has accumulated three years of service within a five year period with the University shall receive the same benefits and entitlements as a regular employee with the exception of the maximum amount of notice as reflected in Article 9.1.7.

Article 4      Grievance and Arbitration Procedures

The parties shall resolve grievances in accordance with the negotiated procedures in Section 7.7 of the Framework Agreement.

Article 5      Hiring, Transfer and Promotion

5.1                   Probationary Period

5.1.1                New Regular Employees

A new regular employee shall serve a probationary period of twelve (12) months.  This period may be extended for up to six (6) additional months by mutual agreement between the supervisor and employee.  The employee may consult with AAPS prior to agreeing to the extension but must do so within five (5) workings days of being notified.

5.1.2                Term Employees

A new term employee must serve a probationary period of twelve (12) months in one position.

A current term employee who has successfully completed her/his initial probationary period who accepts a different position shall serve another probationary period which is normally twelve (12) months; this requirement may be reduced or waived at the sole discretion of the administrative head of unit.

5.1.3                Transferred or Promoted Employees

An employee who is transferred or promoted who has successfully completed her/his appropriate probationary period under Article 5.1.1 shall serve a probationary period which is normally twelve (12) months; this requirement may be reduced or waived at the sole discretion of the administrative head of unit.

5.1.4                Entitlement

A probationary employee is entitled to all the rights and benefits of this Agreement, except where specifically noted otherwise.

5.2                   Service Recognition

5.2.1                Calculation of Service

The length of service of a regular employee is calculated from her/his first day of continuous employment.  The length of service of a term employee under Article 3.1.3 is calculated based on accumulated service from the beginning of the qualifying period under Article 3.1.3.  When a term employee is appointed to a regular position, the employee’s total service shall include previous service recognized under Article 3.1.3.

5.2.2                Service Benefits

Length of service is recognized through increasing benefit entitlements for certain benefit programs, discretionary reduction of probationary period for transferred or promoted employees, and in the review and scrutiny given to applications for promotion or transfer.

5.3                   Job Postings

All vacancies within the bargaining unit for regular positions and term positions with terms exceeding twelve (12) months shall be posted for a minimum of one (1) week.

Hiring is based solely on merit and is within the University’s sole discretion; however, familiarity with the University and its operation may be considered as a factor in assessing merit.  All employees have the right to apply for any positions for which they feel they are qualified, and all internal applications shall be considered.

The University shall include the following information in postings:  nature of the position, skills, qualifications, required knowledge and education, wage or salary rate or range, exceptional terms and conditions, and term of position.  Such qualifications and requirements shall be those which are necessary to perform the job functions.

All job postings shall carry the University’s Employment Equity Statement.

5.4                   Job Changes

5.4.1                Promotion

Definition

A promotion is a job change for an employee to a position with a higher salary grade, other than by reclassification.  A promotion may be permanent or temporary.

5.4.1.1             Temporary Promotion

A temporary promotion may occur when an employee fills a vacant position in a higher paygrade on a temporary basis or is assigned a significant portion of additional duties from a higher paygrade on a temporary basis.  An employee who is temporarily promoted shall be advised of the commencement date of such promotion and of the date upon which it will end.  An employee will be advised of such dates on any renewal.

If the temporary promotion is expected to last or does last longer than two (2) weeks, the employee shall receive additional salary or a special allowance for the period.

If the temporary promotion is expected to last or does last longer than two (2) months, the employee shall receive a minimum of a 5% salary increase, based on the employee’s original salary.

If the temporary promotion is expected to last or does last longer than six (6) months, the employee shall receive a minimum of a 10% salary increase, based on the employee’s original salary.

5.4.2                Transfer

A transfer is a permanent job change for an employee to a different position at a similar or lower salary grade at the request of the employee.

5.4.3                Secondment

A secondment is a temporary job change outside of the originating work unit arranged by mutual agreement for an employee.  An employee who is seconded shall be advised of the commencement date of such secondment and of the date upon which it will end.  An employee will be advised of such dates on any renewal.  Subject to the discontinuation of the original position under Article 9, the employee shall be returned at the end of the secondment period to her/his original position.

5.4.4                Reassignment

A reassignment is a job change within the work unit for an employee at the request of the University.  A reassignment may occur for reasons such as special project work, professional development, better use of available personnel, or more effective management of a work unit.  If the reassigned duties are from a similar or lower paygrade, the employee will continue to receive salary based on her/his original position.  Subject to the discontinuation of the position under Article 9, if the reassignment is temporary, the employee shall be returned at the end of the reassignment period to her/his original position.

5.4.5                Reclassification

A reclassification is the recognition through evaluation that a position should be in a different family, level and/or salary grade due to a change of job duties which significantly affects the job accountability and responsibility.  A classification review may be requested by either the supervisor or the incumbent.

The Department of Human Resources will normally complete the classification review within six (6) months of its receipt of the completed application.  Where an employee is not satisfied with the result of the classification review, she/he may appeal to the Director, Total Compensation within fourteen (14) days of being advised in writing of the result.  The appeal shall be in writing and provide the reasons for the appeal.  The Director, Total Compensation shall render a decision in writing within three (3) months of receiving the appeal document.

5.4.6                Demotion

A demotion is an involuntary job change for an employee to a different position at a lower salary grade.

5.4.7                Notification to AAPS

The University shall notify AAPS each month of the promotions, demotions, hirings, leaves, transfers, resignations, red-circling, retirements, long-term disability, deaths or any terminations of employment of employees.

Article 6      Evaluation

In order to facilitate, create and sustain a flexible, self-managing and self-sustaining organization that produces high performance and a high quality of work life, performance feedback is essential.

The parties to this Agreement recognize that all employees have a right to fair and equitable treatment, including feedback on their work performance and effectiveness.  In order to facilitate this and render it truly effective at the working unit level, each working unit will develop performance feedback mechanisms.

It is clearly understood that common sense and good judgment are the best guides to the development of an appropriate and effective feedback system.  Each working unit will strive to create an environment which fosters and maintains a high level of:

  • integrative and mutual goal setting
  • self discipline
  • mutual trust amongst its members.

The ultimate responsibility for meeting goals and acceptable performance standards rests with the unit members and their administrative head of unit.

6.1                   Practice and Procedure

1)         The University shall evaluate the performance of staff members once per year after the staff member has successfully completed her/his probationary period.  The University shall ensure that at least two performance evaluations are conducted during the staff member’s probationary period, prior to the final month of probation.

2)         Following a performance evaluation, a record will be made of the meeting and discussion outcomes by the supervisor, which the supervisor and the employee shall sign as a record of the meeting.  The employee’s signature does not indicate her or his agreement with statements made in the record. This record will be placed in the employee file located in the employee’s work unit.  This record will be available for review by the employee.

3)         If the employee does not agree with the evaluation, the employee may follow Article 6.3 Steps to Problem Resolution.

6.2                   Performance Problem Resolution

The performance problem resolution process is in place to ensure that employees have a platform to discuss performance problems with a view to satisfactory resolution at the unit level.

This process can be developed and sustained by mutual commitments to the following principles:

  • Solutions cannot be found if problems are not discussed
  • Honesty, trust and a willingness to openly discuss an effective performance dialogue are key components of problem resolution
  • The parties share a belief in the capacity of the unit member and its leader to jointly develop the most effective solutions.

6.3                   Steps To Problem Resolution

Every employee has the right to prompt and just resolution of issues arising out of a performance evaluation which contains detrimental comments regarding conduct or competence which the employee believes are unjustified.  Such issues are not subject to the grievance procedure, but rather to the following internal problem resolution steps:

  • Within a reasonable period of time following the performance evaluation, the employee should meet with her/his direct supervisor to seek a resolution.
  • If the issue remains unresolved, the employee may refer the matter to the administrative head of unit.
  • If the issue remains unresolved, the employee may refer the matter to the Dean responsible for the unit if the unit is in a Faculty.
  • If the issue remains unresolved, the employee may refer the matter to the Vice President responsible for the unit or Faculty.
  • If the issue remains unresolved, the employee may refer the matter to the President for a final and binding decision.

An employee may be accompanied by an AAPS representative at any of these steps.

It is clearly understood that during this process, the administrative head’s original evaluation of the employee remains in place for all purposes.  It is also clearly understood that the performance evaluation process is separate and distinct from any disciplinary process which may arise from the conduct or performance of the employee.

Article 7      Personnel Records

In accordance with the provisions of the Freedom of Information and Protection of Privacy Act of British Columbia, an employee has the right to access her/his employee file and/or to receive a copy of records contained in the file.

The employee has the right to insert written comment.  Any disagreement regarding the accuracy of information contained in an employee file, with the exception of Performance Evaluations, may be subject to the grievance procedure.

A copy of any document which constitutes disciplinary action of an employee shall be entered in the employee's file in the Department of Human Resources.

Article 8      Discipline and Termination

8.1                   Progressive Discipline

The University and AAPS subscribe to the principles of progressive discipline in cases of culpable behaviour, conduct or performance including, without limiting the generality of the foregoing:

  • Discipline is intended to be corrective in nature, not punitive;
  • Discipline is applied with consideration given to the circumstances of a situation including, without limiting the generality of the foregoing, the nature and severity of the misconduct, the position and level of responsibility of the employee, the employee’s work history and any mitigating circumstances;
  • Discipline is applied in an escalating manner, appropriate to the nature and severity of the misconduct; and
  • Discipline is not progressive in the event of severe misconduct warranting termination for cause.

8.2                   Proof of Just Cause

Disciplinary action will be taken only where just cause exists.  The burden of proof of just cause rests with the University.

8.3                   Right to Representation

An employee shall have the right to have a representative from AAPS present at any disciplinary meetings.

When the University requires a staff member to attend a meeting for a purpose which is known in advance by the University to be of a disciplinary nature, the University shall advise the staff member in advance of the right to have an AAPS representative present.  The advance notice to the staff member shall be reasonable in order that she/he may seek representation from AAPS.  The circumstances giving rise to the meeting shall determine what is reasonable notice.

The employee and AAPS are responsible for ensuring that a representative is available to attend the scheduled meeting.  No undue delay of the disciplinary action shall result from the unavailability of such representation.

8.4                   Disciplinary Procedures

Consistent with the principles articulated in Article 8.1, where disciplinary action is being considered in cases of culpable behaviour, conduct or performance, the University must notify the employee of the shortcoming of her/his behaviour, conduct or performance by means of a written warning.  The warning must include the nature of the shortcoming, the corrective action required by the employee and the consequences of failing to comply, including termination of employment for cause.  The employee’s supervisor must give the employee a reasonable opportunity to correct her/his behaviour, conduct or performance.

In cases of suspension or termination, the employee shall be notified in writing of the nature of and reasons for the disciplinary action.

In cases of suspension or termination, a copy of the written notice shall be forwarded to AAPS within five (5) working days.

8.5                   Procedural Requirements

Failure by the University to comply with procedural requirements shall not nullify any disciplinary action, unless such procedural defect is clearly prejudicial to the employee, when all circumstances are considered together.

8.6                   Termination of Employment for Just Cause

The University may terminate the employment of any employee without notice for just cause.

8.6.1                Authorization

Where an employee is terminated for cause, the termination must be authorized by the appropriate Vice President in Vancouver; or in the Okanagan, the Deputy Vice-Chancellor and Principal.

8.6.2                Probationary Employees

The University may terminate probationary employees for just cause.  They may also be terminated for lack of suitability in a position.

In determining that an employee is not suitable for continued employment in the position, the University shall act reasonably and in good faith.

8.7                   Grievances

Grievances arising from the suspension or termination of an employee shall commence at Step 2 (Formal Complaint to a Vice President/Dean) of the grievance procedure (refer to Section 7.7.5 of the Framework Agreement).  Grievances arising from any other form of discipline shall commence at Step 1 (Formal Complaint to Administrative Head of Unit) of the grievance procedure (refer to Section 7.7.4 of the Framework Agreement).

8.8                   Remedy for Unjust Termination

8.8.1                Severance

If it is found as a result of the grievance procedure that an employee has been terminated without just cause, the employee shall receive severance in accordance with Article 9, but shall not be reinstated at the University.

In cases where the University is determined by an arbitrator to have terminated an employee without just cause, the arbitrator may also award punitive damages to the employee.

8.9                   Removal of Documents

Upon the employee’s written request, any disciplinary documentation shall be removed from the employee’s personnel file after the expiration of 24 months from the date it was issued, provided that

  • it was not issued for conduct of a criminal nature or character, breach of trust, gross insubordination, discrimination or a serious threat to the health and safety of the public, staff or the University,
  • there has not been any further related infraction, and
  • it is not material to any ongoing disciplinary action or grievance.

Article 9      Termination of Employment Without Cause

9.1                   Regular Employees

An employee who has successfully completed her/his initial probationary period and is on probation as a result of promotion and/or transfer shall be considered a regular employee for the purpose of this Article.

9.1.1                General

The University recognizes that it has a responsibility to a regular employee who suffers a loss of employment as a result of departmental reorganization, budget cuts or the elimination of her/his position otherwise for reasons other than cause.

9.1.2                Authorization

The termination of employment of a regular employee who has successfully completed her/his appropriate probationary period must be authorized by the appropriate Vice President, or Dean, as applicable; or in the Okanagan, the Deputy Vice Chancellor and Principal.

9.1.3                Reasons for Termination

The University will provide the employee with reasons for the termination of employment in writing at the time of termination.

9.1.4                Search for Alternatives

The University undertakes to do all that is reasonable to find other Management and Professional positions for regular employees whose employment is terminated under this Article.

An assigned Human Resources Advisor will assist the terminated employee with an active search for suitable alternatives at the University within the first three (3) months of notice.  Those employees who have received greater than twelve (12) months of notice under Article 9.1.7 will receive assistance from the assigned Human Resources Advisor within the first six (6) months of notice.

An employee who is terminated from the University without cause who has the qualifications for subsequent vacant positions will be ensured of an interview for these positions until the end of their notice period and upon making a request of their HR Advisor or the hiring manager.

9.1.5                Training

Considering work experience, qualifications and skills, a regular employee whose position has been terminated after successfully completing her/his appropriate probationary period may be eligible for up to three months training to assist him/her in meeting job requirements of a vacancy identified through the search process.  Such decisions will be made within the department in which the vacancy exists.  The cost of such training will be paid by the University.

9.1.6                Salary Retention

A regular employee whose employment is terminated without cause after she/he successfully completes the appropriate probationary period shall not be expected to take a reduction in salary as a result of being the successful applicant to a position one level lower than she/he previously occupied, unless mutually agreed to.  In such cases, the employee’s salary will be frozen until the position’s appropriate salary grade catches up to the salary rate currently received by the employee.

An employee who refuses two offered positions within one level of her/his current position will be terminated at the end of the minimum notice period specified in Article 9.1.7 without further pay.

9.1.7                Notice Entitlements

An employee who receives notice under this Article is deemed to have received notice under the Employment Standards Act and common law.  Such notice includes severance or termination pay and vacation pay.

The University shall provide AAPS with a copy of the notice on the same day that the notice is given to the employee.

Length of Notice

A regular employee who has successfully completed her/his probationary period will be given a minimum of three (3) months’ notice and will increase beyond three (3) years of continuous service at one month per year of service and one week per quarter year of service (rounded to the nearest quarter) to a maximum of twenty-four (24) months or eighteen (18) months as limited by the Public Sector Employers Act.

A term employee who has accumulated three (3) years of service within a five (5) year period with the University pursuant to Article 3.1.3, will receive the notice entitlements under this Article as if she/he were a regular employee to a maximum of eighteen (18) months' notice.

An employee whose years of service include term appointments of less than a full year (such as September to April) shall have that accumulated service as defined in this Article qualify as part of her/his continuous service for purposes of this Article.

Examples - An employee with two (2) years employment would receive three (3) months notice.  An employee with 17 years employment would receive 17 months notice.  An employee with 17 years and nine (9) months of employment would receive 17 months and three weeks notice.  An employee with 12 consecutive term appointments of eight months employment would receive eight (8) months notice.

An employee in receipt of Disability Benefits Plan (DBP) benefits shall not accumulate years of service for the purpose of notice entitlements under Article 9.1.7.

9.1.8                Duty to Mitigate

A terminated employee is expected to make a diligent effort to find ongoing alternative employment.  Ongoing alternative employment is defined as a remunerated position with comparable compensation and a reasonable likelihood of employment for a period of six months or more.  Comparable compensation is defined as total compensation not less than 90% of a terminated employee’s total compensation in her/his position at the time of termination.

Upon request by the University, a terminated employee shall advise the University of her/his job search efforts and actual employment or income gained during the period.  In the event the terminated employee earns income through temporary, part-time or self-employment, an equivalent amount may be deducted from subsequent salary continuance payments.

An employee who has not found reasonable alternative employment at the end of the minimum three month notice period will continue on payroll until she/he finds employment or until her/his notice period expires, whichever comes first.  However, an employee who successfully finds other employment outside the University will be paid 50% of the salary of the remaining notice period as a lump sum and all benefits will cease.  The notice/salary continuance arrangement will automatically cease upon commencement of the new position for an employee who successfully finds other employment within the University or within the public sector in British Columbia.

9.1.9                Form of Notice

At the discretion of the University an employee will receive one of: working notice, pay in lieu of notice, or a combination of working notice and pay in lieu of notice.  In the event an employee, or AAPS on the employee’s behalf, wishes to review the form of notice provided to the employee, the Department of Human Resources shall consult with the employee, or AAPS, as appropriate.

(A)      Working Notice

An employee will be advised that the position will be discontinued on a specific date.  During the notice period, the employee will continue to work and receive salary and benefits, and if eligible will receive the benefits of Articles 9.1.4 and 9.1.10.

(B)       Pay in Lieu of Notice

An employee will receive an equivalent amount of pay in lieu of notice.  The employee will be relieved of working obligations immediately and may then elect to continue to receive salary and benefits during the notice period or to receive a lump sum payment equal to 75% of the salary only.

(C)       Combination

An employee will receive notice that consists of some period of working notice and the remainder as pay in lieu of notice.  The employee who is released from the duty of mitigation by the University may then elect to receive her/his pay in lieu of notice either as salary and benefits continuance or as a lump sum equal to 75% of the salary only.

9.1.10              Transition Counselling

A regular employee given notice under Article 9.1.7 will be provided with transition counselling aimed at providing professional assistance in job search as follows:

  • If less than five (5) years continuous employment - a job search workshop

  • If five (5) or more years continuous employment - a minimum of three (3) months transition counselling or three (3) months’ career transition coaching with a certified coach (approved by HR).

A term employee who has accumulated five (5) years of service within eight (8) years will be eligible for a minimum of three (3) months’ transition counselling.

Within these guidelines, Human Resources will, in consultation with the department, determine the service provider.  Additional transition support may also be offered where there are special circumstances as determined by the employee’s department, after consulting with the employee, Human Resources and AAPS.

9.1.11              Resignation

A regular employee may terminate her/his employment by providing one month’s written notice of resignation.  An employee who provides less than one month’s notice will be entitled to vacation pay for the current year in accordance with the Employment Standards Act, less any actual vacation time taken.

A regular employee who resigns and is subsequently rehired within six (6) months of her/his termination date may, by mutual agreement of the University and the employee, have the years of continuous service at the University prior to her/his resignation be counted as service for purposes only of sick leave, vacation and termination of employment without cause.  In the event the University is prepared to agree to count that prior period for these purposes, provision to that effect must be contained in the offer letter.  An employee may receive this benefit only once.

A term employee may terminate her/his employment at any time by providing one month’s written notice to her/his supervisor.  An employee who provides less than one month’s notice will be entitled to vacation pay for the current year in accordance with the Employment Standards Act, less any actual vacation time taken.

9.2                   Term Employees

9.2.1                Expiration of Term and Renewal

The employment of term employees terminates automatically without notice upon expiration of the stated term date, but may be renewed for an additional term.  The University will provide notice of such renewal wherever possible.

9.2.2                Termination of Employment During the Term

Upon completion of the probationary period, the employment contract may be terminated without cause at any time during the term of employment by the University.  If the employee has less than the equivalent of three years of service within a five (5) year period she/he will receive at least one month’s written notice of termination, or pay in lieuFor those term employees with greater than the equivalent of three years of service within a five (5) year period, notice will be as stated in 9.1.7.

9.3                   Probationary Employees

9.3.1                Notice or Pay in Lieu of Notice

An employee terminated during the probationary period for reasons other than just cause shall receive notice or pay in lieu of notice in accordance with the provisions of the Employment Standards Act.

In the event an employee who has successfully completed her/his initial probationary period and who is on probation as a result of promotion and/or transfer is determined to be not suitable for continued employment in the position, she/he will be entitled to notice of termination of employment in accordance with Article 9.

Article 10    Hours of Work

10.1                 Standard Work Week

The standard work week for full-time employees is thirty-five hours per week, consisting of five days of seven hours per day which normally coincide with the university’s business hours.  If an employee is expected to work other than the standard, her/his particular work week and standard hours will be identified when she/he is hired.

10.2                 Different Configurations

The diversity of positions at the University means that an employee may work different configurations of standard days and hours.

10.3                 Workplace Options

An employee may be granted flexible working arrangements which do not have a negative impact on business operations.  These arrangements shall be mutually agreed and voluntary and shall be negotiated between the employee and administrative head of unit.  Examples of such arrangements include but are not limited to flextime, flexdays, job sharing and telecommuting.

10.4                 Additional Hours of Work

The University recognizes that the contributions of M&P staff may often take the form of hours worked outside of the standard work week.  This contribution is recognized in the greater flexibility in working conditions and the accelerated pace of earning vacation time afforded to M&P staff relative to other staff groups, and is generally left to the best judgment of the employee in consultation with her/his supervisor.  The University and AAPS acknowledge that M&P staff and their supervisors have an obligation to communicate in a timely way about required additional hours of work.  Supervisors should strive to achieve a balance between employees’ additional hours of work and the recognition of their contributions.

The University does not expect staff to perform significant additional hours of work on a regular basis without additional compensation, time off with pay or other offsetting arrangements.  For greater clarity of the following provisions where M&P staff perform a significant number of additional hours of work on a cyclical or project basis then the person performing such work will be granted either additional compensation or time off with pay.

In circumstances where an employee is required to work significant amounts of hours over and above the usual job requirements, additional compensation or other offsetting arrangements, including benefits, are appropriate.  Operational requirements usually will dictate an appropriate solution.  Examples of additional compensation or other offsetting arrangements, including benefits, are (but not limited to):

  • Time off with pay;
  • Three (3) days’ leave of absence with pay to be taken between Boxing Day and New Year’s Day;
  • Honoraria;
  • Additional professional development opportunities; or
  • Providing financial assistance with memberships in professional organizations where such memberships are an asset but not required to perform the position.

Article 11    Statutory Holidays, Vacation

11.1                 Statutory Holidays

The University recognizes the following statutory holidays:

New Year’s Day                B.C. Day
Family Day                     Labour Day
Good Friday                     Thanksgiving Day
Easter Monday                 Remembrance Day
Victoria Day                     Christmas Day
Canada Day                     Boxing Day

If any of these holidays fall on a Saturday or Sunday, another working day (as determined by the University) will be observed as the holiday.  A full-time employee is entitled to receive these holidays with pay.  A part-time employee who has worked at least 11 days in the preceding calendar month is entitled to statutory holiday pay equal to her/his usual working hours.

11.2                 Vacation   

Vacation entitlement shall be calculated based on the employee’s length of service at the University in any position.  During the employee’s first calendar year of employment, the employee is entitled to receive vacation at the rate of one and two-thirds (1 2/3) days for each full month worked.  After the employee’s first calendar year, she/he is entitled to vacation according to the following:

Calendar Year of Employment                      Weeks of Vacation
2 through 5                                                  4 (20 working days)
6 through 8                                                  5 (25 working days)
9 or more                                                    6 (30 working days)

A part-time employee’s vacation entitlement will be pro-rated based on the foregoing and her/his percentage of appointment.

A term employee’s vacation entitlement will be pro-rated based on the foregoing and her/his term of appointment.

       

11.2.1              Carry-over of Unused Vacation Time

If an employee does not take her/his full vacation entitlement in a given calendar year, the employee may (with the advance approval of her/his supervisor) carry a maximum of two (2) weeks (ten days) of vacation entitlement into the next calendar year.  Approval by the supervisor for carry-over of vacation time shall not be unreasonably withheld.

If the supervisor requests that an employee forgo any part of her/his vacation and it cannot be scheduled within the calendar year, the employee shall be entitled to carry the full amount of that vacation into the next calendar year with advance written approval.  Approval shall not be unreasonably withheld.  If approval cannot be obtained, the employee’s vacation will be scheduled within the calendar year.

11.2.2              Pay-out for Vacation Time

If an employee terminates her/his employment with the University before she/he has taken all of her/his vacation entitlement, the employee shall receive a lump sum payment with her/his final cheque of vacation owing to the date of termination, subject to Article 9.1.11.

11.2.3              Pay-back for Vacation Time

If an employee terminates her/his employment with the University and has taken in excess of her/his accrued vacation entitlement, the University shall deduct an amount equivalent to the payment of unearned vacation from the employee’s final cheque.

Article 12    Leaves of Absence

12.1                 Professional Development

The University recognizes the ongoing need for employees to acquire and apply knowledge in contributing to the University and to their own advancement.  The University supports and encourages employees to maintain current contact with their discipline areas, and to improve and expand their effectiveness and awareness of the many facets of the University.  The intent of professional development is to maintain currency in the employee’s area of expertise or to gain additional knowledge and/or professional competency. 

The University encourages departments to discuss with their employees the means by which needs and interests may be developed into professional development opportunities.  A supervisor or an employee may propose a professional development initiative.  An employee’s initiative for professional development requires her/his supervisor’s approval.  Such initiatives will consider the relevance to the employee’s work, the maintenance or enhancement of skills and abilities and the resources necessary to obtain, communicate and integrate this learning in the workplace.

The University also encourages departments to set aside funds in their budgets to provide employees with professional development opportunities.

Examples of professional development opportunities may include, but are not limited to, departmental sponsorship of an employee’s:

  • enrolment in courses,  programs or other offerings such as MOST, Continuing Studies, Graduate Studies, or other coursework;
  • attendance at conferences, seminars, or workshops;
  • membership in a professional organization;
  • subscriptions to publications; or
  • purchase of books, software or other professional instructional materials.

12.2                 Study Leave

If an employee wishes to pursue study of direct benefit to her/his position, and if the purpose of that study is beyond meeting the basic qualifications of the job, and the employee has completed four (4) continuous years of service, the employee may be granted partially paid study leave with the approval of the University.  If partially paid study leave is granted, the University will calculate entitlement based on the following formula to a maximum of one (1) year:

-three (3) months plus one month for each year of full-time employment.

It is assumed that the employee will return to her/his duties at the University at the expiry of the leave.

12.2.1              Study Leave:  Salary Entitlement

If partially paid study leave is granted, the employee shall receive fifty percent (50%) of basic salary together with the University’s full contribution to benefits, provided the employee continues her/his contributions.

12.2.2              Study Leave Salary Entitlement:  Non-University Funds

Where the basic salary and contributions are paid in whole or in part from non-University funds (e.g., grants), the University can only guarantee that portion of study leave salary and contributions to pensions and other benefits which derive from University general revenues.  It is the employee’s responsibility to determine whether the non-University fund may be charged for the proportionate share of study leave salary and contributions to pension and other benefits, and to present certification to the University attesting to this.

12.2.3              Study Leave:  Approval Process

An employee must submit a completed application form for study leave with the signature of the administrative head of unit to the appropriate Vice-President one year in advance of the commencement of the leave.  The Vice-President will review the application and submit her/his recommendation to the President.

12.3                 Sick Leave

An employee who is unable to perform her/his duties because of illness or injury must inform her/his supervisor as soon as possible.  The employee will be granted leave of absence with pay due to illness or injury, up to a maximum of six (6) months for each illness or injury.  Where such illness or injury requires partial leave, such as a graduated return to work, the six (6) months’ pay will be drawn down according to the employee’s temporary part-time status.  Total pay for leave will not exceed the equivalent of six (6) months' pay.

New employees in their probationary period will be granted sick leave with pay due to illness or injury, up to the number of days in their sick leave reserve.  A new full-time employee in their probationary period will accumulate sick leave at a rate of one and a quarter (1 ¼) days for each month worked.  A new part-time employee in their probationary period will accumulate sick leave as above, pro-rated based on percentage of appointment.

A probationary employee’s probationary period will be extended in the event she/he accumulates sick leave of one (1) month or more, by the period of the sick leave accumulated.

12.3.1              Documentation

The University may require medical documentation on the health of an employee if the employee is, or will be, absent for more than five (5) days.  If an employee has recurring absences, or is unable to do her/his job, the University may request a medical examination and report, or an independent medical examination or medical file review and report. The initial medical note and updates presented by an employee on any individual illness or injury will be paid for by the employee and will reflect sufficient and satisfactory information in support of the medical absence including prognosis for return. 

Satisfactory information is defined as timely medical documentation confirming:

  • the employee is too ill to attend work;
  • the general nature of the illness;
  • prognosis, including the anticipated return to work date;
  • confirmation of compliance with a treatment plan; and
  • an indication of any modifications required to allow the employee to return in a modified capacity.

Providing the employee has submitted a satisfactory initial medical report, any subsequent requests from the University for follow-up information will be paid for by the University.  If the employee does not produce a satisfactory report on her/his health or fails to undergo reasonable treatment resulting from the examination, the University may cancel her/his sick leave.

12.3.2              Illness or Injury of Dependents

An employee who has dependent children, spouse, common-law spouse, same sex partner and/or parents may use in any calendar year up to a maximum of five (5) days of her/his sick leave to deal with the illnesses or injuries of such children, spouse/partner and/or parents.

12.3.3              Subrogation Clause

While no employee shall be required to take legal action to recover lost salary or other damages from any person, employees shall turn over, or cause to be turned over to the University, any monies received directly or indirectly by them from the Insurance Corporation of British Columbia or any other person, excluding interest, as a result of a claim for lost salary, where employees have used their sick leave with pay as a result of an automobile accident or otherwise because of injuries sustained due to the negligence or wrong-doing of a third party. For greater certainty, the requirement for repayment continues to apply to global settlements that include but do not specify wage losses.

Sick leave will be credited upon payment of these monies. The amount an employee is required to repay to the University for a claim of lost salary shall be net of verified, reasonable expenses incurred by the employee to recover that claim.

This requirement for repayment shall not apply to an award or judgment pursuant to a claim or legal action where the award or judgment does not specify damages for lost salary.

12.4                 Compassionate Leave

Employees shall be permitted up to three (3) days of paid leave of absence in the case of death in the immediate family.  The employee shall notify his/her supervisor as soon as possible.  Immediate family means parent, grandparent, spouse, common-law spouse, same sex partner, child, in-law, brother or sister.  Compassionate leave may be granted in other circumstances at the discretion of the supervisor.  In exceptional circumstances, with the approval of the employee’s supervisor, extended compassionate leave of up to three (3) additional days may be granted.

For the purpose of this article, exceptional circumstances may include instances where extensive travel is required to attend the funeral or memorial service, where an employee is responsible for making the funeral or memorial service arrangements, or where the employee is unable to work due to the emotional impact of the immediate family member’s death.

12.5                 Pre-Placement Adoption Leave

Employees may request pre-adoption leave by providing supporting documentation to their immediate supervisor.  Upon approval of the documentation, employees are eligible for pre-adoption leave with pay for up to 20 days for each adoption.  This leave may be taken intermittently and for the purpose of:

1. Pre-requisite adoption courses;
2. Adoption suitability evaluations including pre-placement visit with prospective adoptive child(ren);
3. Completion of legal process in child’s or children’s country, including travel, for an international adoption while employee is in that country.

Leave under this provision will end with the placement of the adoptive child(ren) and nor is it available in the event of a direct placement of the child(ren).  Should both adopting parents work at UBC the 20 days may be shared between both parents.

12.6                 Maternity, Parental and Adoption Leave

Staff members are entitled to Maternity, Parental and Adoption Leave as specified in this Framework Agreement and under the provisions and regulations of the Employment Standards Act of British Columbia, as amended from time to time.  The University’s Supplemental Employment benefits (SEB) Plan does not fall under this Act.

12.6.1              Maternity Leave

A pregnant employee is entitled to seventeen (17) weeks of maternity leave without pay.  Further maternity leave without pay, of up to six (6) consecutive weeks, will be granted where the birth mother is unable to return to work for reasons related to the birth or the termination of the pregnancy, as certified by a medical practitioner.

The start date of the maternity leave must begin no earlier than eleven (11) weeks before the expected birth date, and no later than the actual birth date.  The maternity leave must end no earlier than six (6) weeks after the actual birth date (unless the employee requests a shorter period), and no later than seventeen (17) weeks after the actual birth date.

The employee must apply for maternity leave in writing to their supervisor at least eight (8) weeks prior to the anticipated start date of the maternity leave.

Employees who meet the University’s Supplemental Employment Benefits (SEB) Plan eligibility requirements may receive top-up benefits during the maternity leave portion of their leave (see Article 12.6.1.2 and Appendix 1).  Birth mothers are also entitled to an additional thirty-five (35) weeks of parental leave without pay, (see Article 12.6.2) following the birth of the child.

12.6.1.1           Employment Insurance Maternity Benefits

Employment Insurance pays a total of fifteen (15) weeks of EI maternity benefits; there is a two (2) week unpaid waiting period.

12.6.1.2           Maternity Leave Supplemental Employment Benefits Plan (Birth Mother)

An employee who is the birth mother of a newborn child is eligible for the University’s Supplemental Employment Benefits (SEB) if she is on maternity leave and has applied for and is eligible to receive Employment Insurance (EI) benefits and plans to return to work for at least six (6) months following the leave.

Employees who do not return to the University after the leave period or who leave the University voluntarily or who are terminated for cause during the first six (6) months after the leave will be required to repay the Supplemental Employment Benefit. However, those employees terminated without cause under the provisions of Article 9 during the first six (6) months after the leave will not be required to repay the Supplemental Employment Benefit.

12.6.1.3           Benefits During Maternity Leave

The University will continue to pay for its portion of benefits if the employee continues to pay her portion of benefits during the maternity leave.

12.6.2              Parental Leave for the Birth Mother

A birth mother who takes maternity leave is entitled to thirty-five (35) consecutive weeks of parental leave without pay, from the University.  A birth mother who does not take maternity leave is entitled to thirty-seven (37) consecutive weeks of parental leave without pay, from the University beginning after the child’s birth and within fifty-two (52) weeks after that event.  Further parental leave without pay, of up to five (5) additional weeks, will be granted where the child is certified by a medical practitioner to be suffering from a physical, psychological or emotional condition.

Parental leave must begin immediately after the end of the maternity leave taken under Article 12.6.1.  The employee must apply for parental leave in writing to their supervisor at least eight (8) weeks prior to the start date of the parental leave.

12.6.2.1           Benefits During Parental Leave for the Birth Mother

The University will continue to pay for its portion of benefits if the employee continues to pay her portion of benefits during the parental leave.

12.6.2.2           Maximum Leave for the Birth Mother

The total number of weeks of maternity and parental leave for a birth mother is limited to fifty-two (52) weeks, plus any additional leave under Articles 12.6.1 and 12.6.2. 

12.6.3              Parental Leave for the Birth Father

An employee who is the birth father of a newborn child is entitled to thirty-seven (37) consecutive weeks of parental leave without pay, from the University.

Parental leave may begin any time between the child’s birth and 52 weeks after the event.  The employee must apply for parental leave in writing to their supervisor at least four (4) weeks prior to the start date of the parental leave.

12.6.3.1           Benefits During Parental Leave for the Birth Father

The University will continue to pay for its portion of benefits if the employee continues to pay his portion of benefits during the parental leave.

12.6.4              Employment Insurance Parental Benefits

Employment Insurance pays a total of thirty-five (35) weeks of EI parental benefits.  EI Parental benefits may be taken by the birth mother, birth father, or shared between the birth mother and father.  If the birth father takes the entire parental leave, he will need to serve a two (2) week unpaid waiting period before EI benefits commence.

12.6.5              Parental Leave for Adoptive Parents

An employee who adopts a child is entitled to thirty-seven weeks of adoption leave without pay.  Further parental leave without pay, of up to five (5) additional weeks, will be granted where the child is certified by a medical practitioner to be suffering from a physical, psychological or emotional condition.

Parental leave must begin within 52 weeks after the child is placed with the parent.  The employee must apply for parental leave in writing to their supervisor at least four (4) weeks prior to the start date of the parental leave.

12.6.5.1           Benefits During Parental Leave for the Adoptive Parent

The University will continue to pay for its portion of benefits if the employee continues to pay her/his portion of benefits.

12.6.6              Employment Insurance Parental Benefits for Adopting Parents

Employment Insurance pays a total of thirty-five (35) weeks of EI parental benefits.  EI Parental benefits may be taken by the adopting mother, adoptive father or shared between adopting parents.  Adopting parents must serve a two (2) week unpaid waiting period before EI benefits commence.

12.6.7              Vacation and Sick Leave

An employee on maternity leave who receives the Supplemental Employment Plan (SEB) benefit (see Appendix 1) shall accumulate her/his sick leave reserve pro-rated on the basis of the SEB Plan benefit paid by the University.  Employment shall be deemed continuous for the purposes of calculating annual vacation entitlement but vacation pay will be pro-rated on the basis of the SEB Plan benefit paid by the University.

If an employee does not apply for or qualify for the SEB Plan benefit she/he will not accumulate any sick leave reserve beyond the month in which the maternity leave begins.  In such instances, employment will be considered continuous for the purposes of calculating annual vacation entitlement.  However, vacation pay will be limited to the month in which the maternity leave begins.

12.6.8              Extension of Probationary Period

The probationary period will be frozen while a probationary employee is on maternity, adoption or parental leave in accordance with this Article.  Upon return to work from such leave, a probationary employee will complete the remainder of her/his probationary period.

12.7                 Court Duties

The University shall grant leave with pay to an employee summoned for jury duty or required to serve jury duty or summoned as a witness.  The employee must forfeit any payment from the Crown for her/his appearance to the University, with the exception of traveling and meal allowances not reimbursed by the University.  In cases where the employee must appear as a plaintiff or defendant in a civil or criminal action, the employee will be granted a leave of absence without pay.

12.8                 Leave of Absence

If an employee requires a leave of absence for reasons other than those specified elsewhere in this Agreement, the employee may be granted a leave of absence without pay for up to one year with the approval of her/his supervisor.  The University will not unreasonably withhold its approval of personal leave.  Where an employee has been granted a leave of absence without pay, she/he must pay 100% of the premiums to retain benefits for which the University would normally pay a portion in order to maintain coverage during her/his leave.  Vacation entitlement and sick leave reserve do not accumulate during an unpaid leave of absence.  The employee is expected to remain current in her/his field during a leave and may be required to become current before returning to work.

Requests for leave of absence for an employee to fulfill family obligations, including matters related to the care, health or education of dependant children or immediate family members are considered under this Article.

Political leave for the purposes of holding an elected office for a duration of up to five (5) years may be granted under this Article.

12.9                 Deferred Salary Leave

The University and the Association agree to implement the Deferred Salary Leave Plan (“the Plan”) attached as Appendix “2” effective June 1, 1999. The Plan may be modified from time to time to comply with the requirements of Canada Customs and Revenue Agency regarding such plans.

The University and the Association agree to meet annually to review the operation of the Plan including without limiting the generality of the foregoing, the costs incurred by the University in the administration of the Plan. Either party may request a meeting at a time or times other than the annual meeting in the event they wish to discuss concerns or issues with the operation of the Plan. In all of these meetings the parties will use their best efforts to ensure that the Plan is effective for employees, the Association and the University.

12.10               Paid Leave (Christmas)

As outlined in Article 10.4, in order to offset significant amounts of hours of work over and above the usual job requirements, employees who are normally scheduled to work may be granted three (3) days leave of absence with pay to be taken between Boxing Day and New Year’s Day unless they are required to work for operational reasons.

Article 13    Benefits

13.1                 Pension Plan  

All eligible employees will be required to join and make contributions to either the UBC Staff or Faculty Pension Plans upon meeting the conditions of continuous service and salary requirements provided for in the appropriate pension plan.  The University shall make contributions to the UBC Staff or Faculty Pension Plan on behalf of participating employees at the rates of the appropriate pension plan. 

13.2                 Medical Services Plan

Participating employees shall pay one hundred percent (100%) of the premiums to the Medical Services Plan, subject to its statutory waiting period, upon meeting conditions of eligibility.

13.3                 Extended Health and Dental Plans

The University shall pay one hundred percent (100%) of the premiums to the University’s extended health and dental plans on behalf of participating employees, at the rates stated in those plans.  Eligibility is based on conditions set forth in the respective plans and for the extended health plan, subject also to the statutory waiting period for participation in the Medical Services Plan.

13.4                 Life Insurance Plans

The University shall pay one hundred percent (100%) of the premiums to the appropriate University basic life insurance plan on behalf of participating employees, and participating employees shall pay one hundred percent (100%) of the premiums to the optional life and optional accidental death and dismemberment (AD&D) plans.  Premiums shall be paid at the rates of the respective plans for eligible employees, as defined by conditions stated in each plan.

13.5                 Long Term Disability Plan (Disability Benefits Plan)

All employees who are eligible to participate in a UBC long term disability plan (Disability Benefit Plan or Income Replacement Plan) will be required to join the appropriate plan upon meeting conditions of eligibility that are provided for in that plan. 

Participating employees shall pay premiums or contributions to the appropriate long term disability plan at the rates of that plan.

13.6                 Tuition Fee Benefits

Employees must meet academic requirements for admission, register, and be accepted to a course or program prior to applying for tuition fee benefits.  Employees must also meet employment eligibility requirements to qualify for tuition fee benefits.  Information on eligibility requirements for M&P staff is available from Human Resources.

Maximum use of tuition fee benefits is based on a twelve-month period, beginning with the date that the eligible employee’s first course or program begins (the anniversary date).  Tuition fee benefits are renewable every twelve months, on that anniversary date.

Tuition fee benefits may be applied only to eligible UBC courses.  A number of UBC courses and programs are not eligible for tuition fee benefits and further information on eligible courses is available from Human Resources.

13.6.1              Tuition Fee Benefits: Courses

Eligible employees will receive a waiver of tuition up to the following yearly maximum limits:

  • twelve credits of UBC undergraduate credit courses; or
  • twelve credits of UBC graduate credit courses; or
  • UBC part-time or full-time graduate program fees; or
  • the dollar equivalent to twelve credits of UBC undergraduate credit courses, as tuition for non-credit courses or certificate programs offered by UBC Continuing Studies.

13.6.2              Transfer of Tuition Fee Benefits

Eligible employees may transfer any unused portion of their twelve credits of UBC undergraduate credit courses to their eligible spouse or dependents.  Information about definitions for employees’ tuition fee benefits can be found on the Human Resources website.

Article 14    Protection of Employees

14.1                 Human Rights, Discrimination and Harassment

The parties recognize the right of employees to work in an environment free from harassment and discrimination and the responsibility those employees with supervisory duties have to provide such an environment for staff, faculty or students.  The University’s Policy on Discrimination and Harassment, which addresses problems arising from grounds prohibited from discrimination under the Human Rights Code of British Columbia, applies to all employees.

In addition, concerns an employee may have about discrimination and personal harassment on grounds that are not covered under the Human Rights Code of British Columbia should be brought to the attention of the employee’s administrative head of unit for resolutionThe administrative head of unit should consult with Human Resources who will, in turn, consult with AAPS.

Employees shall have the right to have a representative from AAPS present at any meetings convened pursuant to this article which the employees attend.

14.2                 Technological, Organizational or Operational Change

The University will give reasonable notice and consult with AAPS when changes are planned that will significantly affect the terms, conditions or security of employment of a significant number of employees in a work unit.  Such consultation process will include the sharing of information, the consideration of alternatives, discussion of planning and training processes, and discussion of notice and other severance entitlements.

The University agrees to provide AAPS and the affected employee(s) with information which will include foreseeable effects on the affected employee(s).

14.3                 Professional Rights

14.3.1              Standards of Practice

In those circumstances when the University requires an employee to have and to maintain professional accreditation as a condition of employment (such as Registered Psychologist, Medical Doctor, Chartered Accountant), the University will pay the professional accreditation fee.  Such a condition of employment must be included in the employee’s position description.  If an employee is part-time, and works elsewhere that requires the same professional accreditation (this includes self-employment), the professional accreditation fee will be paid on a pro-rated basis.  Pro-ration shall be on the basis of percentage of FTE (full-time equivalent) at UBC.

New employees have the responsibility to have the requisite professional accreditation upon commencing employment.  The University’s obligation applies during the course of employment.

14.3.2              Impact of Evaluation on Professional Standing

Performance evaluations on employees who are required to maintain professional accreditation as a condition of employment by individuals who are not accredited in the same field will be based on the work performed for the University as a member of the University’s staff.

Pursuant to the evaluation of an employee under Article 6, if there are concerns about an employee’s performance for an employee who is required to maintain professional accreditation as a condition of employment, those concerns will be taken up by the University with the professional association for investigation.

In those circumstances where the University requires an employee to have and maintain professional accreditation as a condition of employment, the University shall not knowingly require an employee to work in a manner that constitutes a violation of applicable rules and regulations published by the employee’s licensing or professional body.

14.4                 Insurance

The University will continue to purchase comprehensive general liability insurance, which covers employees while acting within the course of the execution or scope of their duties as employees.

14.5                 Retirement Policy

Employees may apply for early retirement at any time after the age of 55.

14.6                 University-Initiated Upgrading

When the University has identified a requirement for an employee to upgrade skills or knowledge as a result of changes in her/his position, the University will pay the cost of and will recognize the time spent in such upgrading.

14.7                 Crossing Picket Lines

The University’s Policy on Crossing of Picket Lines applies to employees.  In addition, recognition of picket lines requires that Management and Professional Staff maintain adequate essential services established by the University in consultation with AAPS in order to protect human lives, living collections, basic student services, and basic physical plant services during the period of disruption.  The University may refer any dispute about the adequacy of essential services contemplated or provided by Management and Professional Staff to an arbitrator mutually agreed to by the University and AAPS for a binding decision within 12 hours of the referral.

14.8                 Changes

When a permanent change to a continuing term and condition of employment in the workplace is planned, the administrative head of unit will give reasonable notice, appropriate in the circumstances, to the employee(s) directly affected.

Article 15    Copies of Agreement

An electronic version of this Agreement will be available to every Management & Professional staff member.

All new Management & Professional staff who attend AAPS’ new member information session will receive a printed copy of this agreement.

Otherwise, printed copies will be available by request from Human Resources (while supplies last).

The parties will mutually determine the number of copies to be printed and will share equally the cost of printing the Agreement.

Article 16    Employee Data

The University will supply employee data to AAPS on a quarterly basis to assist AAPS in tracking changes and represent its membership.  The following data will be provided in accordance with the Freedom of Information and Protection of Privacy Act and will be provided in electronic format for every member of AAPS.

  • Name
  • AAPS Membership Date
  • Job Entry Date
  • Service in Position (yrs)
  • UBC Hire Date     
  • Service Date (yrs)                              
  • Department or Unit
  • Division
  • Campus or Sit
  • UBC Employee Identification Number
  • UBC e-mail address (where provided)
  • Job Family
  • FTE%
  • Salary (Current)
  • Salary Level
  • Salary Grade
  • Termination Date
  • Gender

The data listed below will be provided to AAPS semi-annually on a “blind” basis (i.e. without any individual identifiers attached):

  • Single/Couple/Family Benefits

AAPS will hold the data referenced in this article in confidence and only use it for the purposes for which it was shared.  In addition to strict adherence to the Freedom of Information and Protection of Privacy Act, AAPS also agrees to follow UBC’s policies and procedures on the storage of personal information.

LETTER OF AGREEMENT #1 - Re: Pay Structure and Salary Administration Policy

The University and AAPS recognize that a fair and competitive pay structure is essential to attract and retain Management & Professional employees. The parties agree to the following provisions of a salary administration plan and provisions to review the current pay structure. This letter replaces the Letter of Agreement dated March 13, 2006 and incorporates the provisions outlined in the Final Order by Don Munroe dated January 29, 2007.

General Provisions:

1.         The parties agree to the following principles and components, within the University’s ability to pay, for salary administration plan:

a)   Internal equity – a comparison of the relative worth of jobs given the specific requirements of each job; internal equity applies to job families;

b)   External equity/competitiveness – the 50th percentile of a representative comparator market is the midpoint of a job. The University should take into account market demands for qualifications and abilities;

c)   A pay structure consisting of grades with ranges; the assigning of jobs to appropriate grades based on a classification/evaluation process; and

d)   A salary administration plan for individual movement through the salary ranges.

2.   In order to meet its commitment in paragraph 1(b), the University shall conduct a salary survey of the representative comparator market at appropriate intervals. The University shall consult with AAPS on the methodolgy and the list of organizations that establish the comparator market prior to each survey. A copy of the results of the salary survey shall be provided to AAPS. The University shall implement any changes in a timely manner.

In the application of the foregoing principles it is understood that market surveys will be done by job family; and that issues of relativity as between job families will not preclude a market adjustment for a job that is otherwise appropriate.

3.   Where an employee is paid a salary at the midpoint of the salary range it means that the employee possesses full job knowledge, qualifications and experience. In the normal course, employees will be hired, transferred or promoted between the minimum and midpoint of the salary range for a job. An employee who is hired, transferred or promoted above the midpoint means the employee possesses superior job knowledge, qualifications and experience.

4.   Career Progress Increments:  The University shall ensure that employees are compensated to the midpoint of their salary range by the end of their fourth year in the position, from date of hire, subject to satisfactory performance.

There shall be up to four (4) increments from the salary at which an employee is hired to the midpoint of the salary range. An employee shall receive an increment once annually, no later than his/her anniversary date in the current position, provided that there is satisfactory performance in the job. Such increases require the approval of the Administrative Head of Unit and the Department of Human Resources.

5.   Salary Increases Beyond Midpoint:  In accordance with the provisions of this paragraph, increases to employees’ salaries beyond the midpoint of the salary ranges will be on the basis of a performance-based merit pay model, and will be effective no later than the anniversary date in their current position. Departments and Faculties will establish objective criteria to evaluate performance as the basis for merit pay models, based on their individual operational requirements. The Department of Human Resources will provide guidance to this process and will review criteria to ensure fairness and consistency in their application.

Without limiting the generality of the foregoing, such increases may include adjustments to base salary, one-time only payments, re-earnable bonuses, other forms of salary adjustments, or combinations of these.

The University will determine on an annual basis, within its ability to pay, the amount(s) or range of any performance-based increases.  In the event the University does not provide for any such increases, it shall provide the Association with the reasons for its decision.

6.   General wage increases shall be the subject of negotiation with AAPS in collective bargaining.

7.   The University may adjust the pay ranges for job families after consultation with AAPS.

8.   The University may adjust the salaries (base salary, stipends, differentials and/or any other form of salary) of individual employees to respond to market demands, retention issues and/or anomalies.

Specific Provisions:

9.   The salary grids in Document A reflect the new salary ranges to be with effect on July 1, 2015.

For the University:                                                                 For AAPS:

“Lindi Frost”                                                                          “Michael Conlon”

Date: October 25, 2014

LETTER OF AGREEMENT #2 – Re: Benefit Coverage Beyond Age 65

The University and AAPS agree as follows:

This Agreement is intended to provide a comprehensive resolution that addresses the impact of Bill 31, Elimination of Mandatory Retirement, as it relates to the Agreement on Conditions and Terms of Employment between the parties.

The provisions of this agreement are outlined as follows:

1.00     Statement of Principles

1.01     The normal retirement date is the last day of the month in which the employee turns 65 (the “Normal Retirement Date”).
1.02     An employee may retire on or prior to their Normal Retirement Date or an employee can work beyond their Normal Retirement Date.
1.03     Like those working prior to their Normal Retirement Date, an employee who decides to work beyond their Normal Retirement Date is required to perform the full scope of their duties and responsibilities.
1.04     An employee shall give written notice of retirement six months in advance of their planned retirement date should they wish to pursue the options contained in this letter of agreement.

2.00 Benefits

2.01     Benefit plan coverage will continue for employees who work past their Normal Retirement Date until the employee receives pension benefits, either voluntarily or as required by law (i.e., currently, under the Income Tax Act, an employee must begin taking their pension at the end of the year in which they turn 71), except as amended in paragraphs 2.05, 2.06, and 2.07 below.
2.02     The following benefit plans available to employees under the age of 65 remain in place for employees who work past their Normal Retirement Date in accordance with the terms of the Plans until the employee receives pension benefits, either voluntarily or as required by law:

  • Extended Health Plan
  • Dental Plan
  • Optional Life Insurance for Members
  • Medical Services Plan
  • Employee and Family Assistance Plan

2.03     The Pension Plan available to employees under the age of 65 remains in place for employees who work past their Normal Retirement Date in accordance with the terms of the applicable Plan and applicable legislation.
2.04     The tuition fee benefit is not limited by age.
2.05     The following benefit plan available to employees under the age of 65 is reduced or limited for those who work past their Normal Retirement Date until the employee receives pension benefits, either voluntarily or as required by law:

  • Basic Group Life Insurance coverage is reduced to 1.0 x basic earnings.

2.06     The following benefit plans will not be available to employees who work past their Normal Retirement Date:

  • Optional Life Insurance coverage for spouses
  • The Disability Benefit Plan (DBP) or the Income Replacement Plan (IRP) currently terminates benefits on the last day of the month in which the employee turns 65.  In the event that in future there are changes in the DBP or the IRP regarding coverage beyond the last day of the month in which the employee turns 65, this provision will be superseded by any such change to the IRP.

2.07     In addition to the above, the following benefit plans will be modified for those employees who are on an unpaid leave of absence on or after their Normal Retirement Date until the employee receives pension benefits, either voluntarily or as required by law:

  • Extended Health:  Out-of-Country Emergency Travel Coverage and Assistance is limited to 60 days.
  • Basic Group Life and Optional Life Insurance coverage may be maintained at the employee’s cost for up to 24 months (maintenance of this coverage is extendable only with the approval of the carrier) and subject to the terms of the plan.

3.00     Sick Leave

3.01     There will be no change to the terms and conditions pertaining to short-term sick leave as provided for in the UBC/AAPS Agreement.
3.02     Where an employee who continues to work past their Normal Retirement Date is unable to perform their duties because of illness or injury and has exhausted their sick leave entitlement, the employee may take an unpaid leave of absence during which benefit coverage will be as provided for in paragraph 2.07.

4.00     Retirement Options

4.01     UBC Policy 49, “Reduced Workload/Responsibility Appointment – Non-Academic Staff”, remains an option available to staff.  For those working beyond their Normal Retirement Date, and reducing their workload under Policy 49, applicable paragraphs under section 2.0 above supersede terms related to Benefits in Policy 49 (“Benefits”).
4.02     Alternatively, an employee who has reached the age of 55 and has had 10 years of full-time continuous service may apply to their Head/Director to take a retirement option as outlined in Option 1 or Option 2 provided for in paragraphs 4.11 and 4.12 respectively.  Heads/Directors will give serious consideration to all requests and will respond to the employee giving reasons should their application be denied in full or in part.  Where an employee believes appropriate consideration has not been given then they have access to the grievance procedure.
4.03     The purpose of the Retirement Options is to balance the desire of staff to continue to be productive in more flexible employment arrangements with the University’s need for certainty in managing our academic planning and operations, all the while maintaining cost neutrality.
4.04     The employee must give advance notice of their intention to seek this option (the “notice period”).  Twelve months’ notice is preferred, but a minimum of six months is required, which may be waived by mutual agreement of the employee and the Head/Director.
4.05     Retirement Options are for a maximum of four years in total, (i.e. the notice period, plus the reduced workload).
4.06     An employee who takes a Retirement Option must continue to perform the full scope of their duties, but for a reduced workload.
4.07     Notice by an employee to enter into one of these options constitutes irrevocable notice to retire.
4.08     Salary during a Retirement Option is commensurate with percentage of workload performed.
4.09       Benefits provided during the Retirement Options are as provided for in Policy 49.  For those working beyond their Normal retirement Date, and reducing their workload, applicable paragraphs under section 2.0 above supersede terms related to Benefits in Policy 49.
4.10     Option 1 – Phased-In Retirement Appointment
During a Phased-in Retirement Appointment, the employee’s workload will decrease over three years, in the first year  to 75%,  and then in the second or third year to 50%.  This can be modified by mutual agreement of the employee and the Head/Director provided the minimum level of workload is 50%.
4.11     Option 2 - Part-Time Retirement Appointment
During a Part-Time Retirement Appointment an employee’s workload will decrease to 50% for the full three years.  Employees may explore with their Head/Director a range of possibilities such as full time/partial-year to part-time full-year options.  

5.00     Processes to Support Retirement

The University will supplement current retirement counseling options to provide a more holistic approach to retirement considerations.

For the University:                                                                 For AAPS:

“Lindi Frost”                                                                          “Michael Conlon”

Date: July 14, 2014

LETTER OF AGREEMENT #3 - Re: Professional Development

The University and AAPS recognize the value of professional development for management and professional (M&P) staff. The University has established a funded program designed to support professional development (PD) for its M&P staff.

The total amount funding available for this purpose is $480,000 per fiscal year. The fund will increase by the following amounts on a cumulative basis such that the fund will total $760,000 at July 1, 2018.

July 1, 2015               $70,000
July 1, 2016               $70,000

July 1, 2017               $70,000
July 1, 2018               $70,000

The University will administer this fund. The parties agree that the program will be cost neutral to the University and that the cost of administering the fund will be borne by the fund (based on 10% of the total fund).  Employees will be eligible to participate up to a maximum of $550.00.  The University reserves the right to set the maximum, however the University will consult with AAPS prior to any changes.

The University will prepare an annual report on the M&P PD Fund by June 30th for the previous fiscal year for its purpose of assessing the fund guidelines and for greater transparency. The report will include information regarding the financial status of the fund, the number of employees who accessed the fund and purposes for which the fund has been used by M&P staff.

For the University:                                                                 For AAPS:

“Lindi Frost”                                                                          “Michael Conlon”

Date: October 25, 2014

LETTER OF AGREEMENT #4 - Re: Search for Alternatives

Further to Article 9.1.4 the University commits to providing greater assistance to regular employees whose employment has been terminated by creating a Career Transition Consultant position for the period of two years.  On a trial basis, this position is intended to enhance the work performed by the Human Resources Advisors by coaching staff in transition and referring them to appropriate resources as they explore their developmental and career options within or beyond the University. The Career Transition Consultant will give priority to employees who are in transition.

As this is a pilot position, the University’s obligations set out in 9.1.4 may be fulfilled by either the Human Resources Advisor or the Career Transition Consultant for the duration of this letter of agreement.

The effectiveness and ability to fund the Career Transition Consultant position will be evaluated by the University annually. If it is determined that it is no longer viable to continue with the position, the University will provide six months notice to AAPS ending Letter of Agreement #4.

For the University:                                                               For AAPS:

“Lindi Frost”                                                              “Michael Conlon”

Date: July 14, 2014

LETTER OF AGREEMENT #:5 - Re: Economic Stability Dividend

Definitions

1.           In this Letter of Agreement:

"Agreement year" means each twelve (12) month period commencing on the first day of the renewed Agreement on Conditions and Terms of Employment (ACTE). For example, the agreement year for an agreement that commences on July 1, 2014 is July 1, 2014 to June 30, 2015 and each period from July 1 to June 30 for the term of the agreement.

"Economic Forecast Council" means the Economic Forecast Council appointed under s.4 of the Budget Transparency and Accountability Act, [S.B.C. 2000] c.23;

"Forecast GDP" means the average forecast for British Columbia's real GDP growth made by the Economic Forecast Council and as reported in the annual February budget of the government;

"Fiscal year" means the fiscal year of the government as defined in the Financial Administration Act [1996 S.B.C.] c.138 as 'the period from April 1 in one year to March 31 in the next year';

"Calendar year" Is a twelve (12) month period starting Janaury 1st and ending December 31st of the same year based upon the Gregorian calendar.

"GDP" of "Gross Domestic Product" for the purposes of this LOA means the expenditure side value of all good and services produced in British Columbia for a given year as stated in the BC Economic Accounts;

"GWI" or "General Wage Increase" means a general wage increase resulting from the formula set out in this LOA and applied as a percentage increase to all wage rates in the agreement on the first pay day after the commencement of the eleventh (11th) month in an agreement year;

"Real GDP" means the GDP for the previous fiscal year expressed in constant dollars and adjusted for inflation produced by Statistics Canada's Provincial and Territorial Gross Domestic Product by Income and by Expenditure Accounts (also known as the provincial and territorial economic accounts) and published as "Real Gross Domestic Product at Market Prices" currently in November of each year.

The Economic Stability Dividend

2.           The Economic Stability Dividend shares the benefits of economic growth between employees in the public sector and the Province contingent on growth in BC's real GDP.

3.           Employees will receive a general wage increase (GWI) equal to one-half (1/2) of any percentage gain in real GDP above the forecast of the Economic Forecast Council for the relevant calendar year.

4.           For greater clarity and as an example only, if real GDP were one percent (1%) above forecast real GDP then employees would be entitled to a GWI of one-half of one percent (0.5%).

Annual Calculation and publication of the Economic Stability Dividend

5.           The Economic Stability Dividend will be calculated on an annual basis by the Minister of Finance for each collective agreement year commencing in 2015/16 to 2018/2019 and published through the PSEC Secretariat.

6.           The timing in each calendar year will be as follows:

(i) February Budget – Forecast GDP for the upcoming calendar year;
(ii) November of the following calendar year – Real GDP published for the previous calendar year;
(iii) November – Calculation by the Minister of Finance of fifty percent (50%) of the difference between the Forecast GDP and the Real GDP for the previous calendar year;
(iv) Advice from the PSEC Secretariat to employers' associations, and employers of the percentage allowable General Wage Increase, if any, for each bargaining unit or group with authorization to employers to implement the Economic Growth Dividend.

7.           For greater clarity and as an example only:

For collective agreement year 3 (2016/17):

(i) February 2015 – Forecast GDP for calendar 2015;
(ii) November 2016 – Real GDP published for calednar 2015;
(iii) November 2016 - Calculation of the fifty percent (50%) of the difference between the 2015 Forecast GDP and the 2015 Real GDP by the Minister of Finance through the PSEC Secretariat;

(iv) Direction from the PSEC Secretariat to employers' associations and employers of the percentage allowable General Wage Increase, if any, for each bargaining unit or group with authorization to employers to implement the Economic Growth Dividend
(v) Payment will be made concurrent with the General Wage Increases on the first pay period after respectively February, 1, 2016, February 1, 2017, February 1, 2018 and February 1, 2019.

Avaliability of the Economic Stability Dividend

8.           The Economic Stability Dividend will be provided for each of the following collective agreement years: 2015/16 (based on 2014 GDP); 2016/17 (based on 2015 GDP); 2017/18 (based on 2016 GDP); and, 2018/19 (based on 2017 GDP).

Allowable Method of Payment of the Economic Stability Dividend

9.           The Economic Stability Dividend will be applied as a percentage increase only on salaries and will not be applied in any other purpose or form.
 

For the University:                                                               For AAPS:

“Lindi Frost”                                                              “Michael Conlon”

Date: October 25, 2014

Appendix 1 – Supplemental Employment Benefits   

Supplemental Employment Benefits (SEB) Plan for Maternity Leave
(UBC Top-up Payment)

1.1       SEB Plan for Maternity Leave (Birth Mothers)

The purpose of the Maternity SEB Plan is to supplement the income of a birth mother by making top-up payments available while she is unable to work due to pregnancy.  By legislation, benefits under the Maternity SEB Plan are payable only to the birth mother.

A female M&P staff member is eligible for SEB Plan top-up payments if she is on maternity leave (see Article 12.6.1) and has applied for and is receiving Employment Insurance (EI) benefits and plans to return to work for at least six (6) months following the leave.  Employees who do not return to the University after the leave period or leave the University voluntarily or who are terminated for cause during the first six (6) months after the leave will be required to repay the Supplemental Employment Benefit.  However, those employees terminated without cause under the provisions of Article 9 during the first six (6) months after the leave will not be required to repay the Supplemental Employment Benefit.

The maximum benefit payable is 17 weeks, which consists of:

The 2-week waiting period for EI maternity benefits (during which she will be paid 95% of the total salary by UBC); and

15 weeks of EI maternity benefits (during which she will receive the top-up payment to 95% from UBC).

Note that any parental leave (see Article 12.6.2) taken immediately after the end of the maternity leave is without pay from the University and is not eligible for top-up payments.  However, the birth mother may be eligible for continued EI parental benefits during this period (see Article 12.6.4).

1.2       When Top-Up Payments Start (Birth Mother)

Before commencing the leave, the M&P staff member will be given the choice of receiving SEB top-up payments during the leave or after she has returned to work for six (6) months.  If she chooses to receive top-up payments during the leave, she will be required to sign an agreement prior to the commencement of payments.  If she does not return to work or does not remain at work for six (6) months following the leave, she must repay the gross amount of SEB Plan benefits received.

1.3       SEB Before Leave

If the M&P staff member chooses to receive SEB Plan benefits during the leave, EI pays a fixed percentage based on their calculation of prior insurable earnings and UBC pays the difference between the EI payment and 95% of salary.  The additional 5% of the total salary for the period she was receiving SEB Plan benefits is payable after she has returned to work for at least six (6) months. 

1.4       SEB After Leave

If the M&P staff member chooses to receive top-up payments after returning to work, she must notify Financial Services to receive the payment once the six (6) months have been completed.  Copies of all EI cheque stubs must accompany the request.

Appendix 2 – Deferred Salary Leave Plan

 

DEFERRED SALARY LEAVE PLAN

FOR

MANAGEMENT & PROFESSIONAL STAFF OF

THE UNIVERSITY OF BRITISH COLUMBIA


 

SECTION 1 – INTRODUCTION

The Deferred Salary Leave Plan (the Plan) provides employees with an opportunity to self-finance a deferred salary leave by authorizing the employer to set aside, over a limited period of time, a portion of the employees' salary prior to the deferred salary leave.  The salary held by the employer is not subject to income tax until it is paid out to the employee during the Deferred Salary Leave.

The terms and conditions in this Plan document must be followed in order to satisfy Income Tax Regulations which govern the operation of self-funded leave plans.

No amendment will be made to the Plan which will prejudice any tax ruling which is applicable to the Plan prior to the amendment.

SECTION 2 – DEFINITIONS

"Eligible Employee" means a regular post‑probationary individual employed by the University of British Columbia in accordance with the agreement between the University and AAPS.

"Participant" means an Eligible Employee who has completed a Memorandum of Agreement and whose application for participation in the Plan has been approved by the Dean, Director or Department Head and, on behalf of the University, by the Associate Vice President, Human Resources or designate.

"Deferred Salary Leave" means the period taken in accordance with the provisions of Section 5.  At no time shall the Leave of Absence be less than three (3) consecutive months, if the leave is for full-time attendance at a designated educational institution, or six consecutive months, if the leave is for any other purpose.  The maximum leave possible is twelve months.

"Deferral Period" means the number of years over which a portion of the Participant's salary is deferred, including the years of delay as set out in Section 4, if applicable.

"Current Salary" means the base salary paid by the University to the Participant for a given year, excluding overtime, shift differentials and acting pay.  Any salary adjustment that would have been made while the Participant is on leave will be applied upon the Participant returning to work.

"Deferred Salary" means the portion of Current Salary authorized by the Participant to be retained by the University on behalf of the Participant each year in accordance with Section 4.

"Adjusted Salary" means the Current Salary minus the Deferred Salary paid to the Participant during the Deferral Period.

"Leave Salary" means the salary received by the Participant during the Deferred Salary Leave.

SECTION 3 ‑ FUNDING THE LEAVE OF ABSENCE

3.1       The Leave of Absence will be funded by the Participant's Deferred Salary.

3.2       The University shall pay the Participant the accrued interest on his/her Deferred Salary at the end of each calendar year of participation, including the first year of participation and the last day of the leave, or at any other time when a payment is made for withdrawal or death of the Participant.

3.3       During the Deferral Period, the amount of the Current Salary deferred by the Participant cannot exceed 33% in any calendar year.

3.4       The deferral period will not exceed six (6) years.

3.5       Deferral examples:

LENGTH OF
DEFERRED LEAVE

 

Between 3* to 12
months

DEFERRAL PERIOD AND
ADJUSTED SALARY

 

"x" Years @ Adjusted Salary

DEFERRED SALARY P.A

Current Salary -

Adjusted Salary
Maximum Deferred Salary
33% p.a.

LEAVE
SALARY

 

       Per annum        

    
1 year6 years @ 85.7% salary p.a.14.28%85.70%
1 year4 years @ 80% salary p.a.20%80%
1 year3 years @ 75% salary p.a.25%75%
    
* education leave only   

For example:  Calculation based on annual salary of $50,000. Adjusted Salary 4 years @ 80% would equal $40,000.  Deferred Salary per year would be $10,000.  The Leave Salary in year 5 would be $40,000.

3.6       Payments to the Participant during the Deferred Salary Leave will be in equal amounts according to the Participant's regular pay schedule.  All of the Deferred Salary will be paid to the Participant no later than the end of the first taxation year that commences after the end of the Deferral Period.

3.7       While the Participant is enrolled in the Plan, any applicable group employee benefits computed with reference to salary will be calculated according to the Current Salary.

3.8       The University will pay its share of applicable premiums for group employee benefits during the Deferral Period but not during the Deferred Salary Leave.

3.9        The University will maintain and continue to pay its share of applicable premiums for group employee benefits during the Deferred Salary Leave as if the Participant were on unpaid leave of absence, see Article 11.9 of the Agreement on Conditions and Terms of Employment.

3.10     During the Deferral Period, contributions to the pension plan will be based on 100 percent of full salary.  During the Deferred Salary Leave, staff members will have the option of continuing to participate in the pension plan.  Should they choose to do so, the same conditions as a leave of absence without salary will apply.

3.11     During the Deferred Salary Leave, the Participant may not receive additional remuneration from the University or from persons with whom the University does not deal at arm's length, other than the benefits in 3.9.

3.12     Interest paid to the Participant under the Plan will be considered employment income for the purposes of the Income Tax Act and will be reported on the Participant's T4 supplementary and shall be subject to tax withholdings.

SECTION 4 ‑ TAKING THE DEFERRED LEAVE

4.1       The Deferred Salary Leave shall be in accordance with the Memorandum of Agreement signed between the University and the Participant.

4.2       At the option of the University, the commencement of the Deferred Leave of Absence may be delayed for up to one year due to unforeseen and extenuating circumstances.  Notice of the delay must be given in writing by the University to the Participant no later than three (3) months before the Deferred Salary Leave is scheduled to begin.  In no event will the start of the Deferred Salary Leave be postponed beyond six (6) years from the date of enrolment in the Plan.

4.3       At the option of the Participant, the Deferred Salary Leave may be delayed for up to one year due to unforeseen or extenuating circumstances (e.g. family or financial reasons).  Notice of the delay must be given in writing to the University no later than three (3) months before the Deferred Salary Leave is schedule to begin.

4.4       Subject to the provisions of 5.2 and 5.3, the Deferred Salary Leave shall commence immediately following the period of Deferral of Salary.

4.5       During the Deferred Salary Leave, the Participant will be entitled to benefits as they would during an unpaid leave.  The Participant will not accumulate vacation or sick leave reserve and will not be entitled to compassionate leave or statutory holidays. The Participant will not accumulate years of service used for calculating vacation entitlement, severance or salary increments during the Deferred Salary Leave.

SECTION 5 ‑ SUSPENDING PARTICIPATION IN THE PLAN

5.1       The Participant must notify the University in writing to take maternity or parental leave while they are on the Deferred Salary Leave.  Upon receiving approval the period of time requested for the maternity and/or parental leave may be taken during the Deferred Salary Leave.  The absence from the workplace may then be extended by the length of the maternity and/or parental leave.  During the maternity and/or parental leave the participant will have their Deferred Salary Leave payments suspended.

5.2       The Participant may on ONE occasion while he/she is participating in the Plan give three (3) months notice to the University stating that he/she wishes to suspend participation in the Plan for a period of up to twelve months as at the anniversary date of enrolment in the Plan which immediately follows such notice.  In this case, the University will pay the Current Salary to the Participant as if he/she were not participating in the Plan for that period.  The Deferred Salary shall continue to be held by the University until the Participant withdraws from the Plan or takes the Deferred Salary Leave.

5.3       Suspension of participation under 5.1 shall not change the year established for the Deferred Salary Leave, except with the permission of the University.  In no event will the Deferral Period exceed six years from the date of enrolment.

5.4       The Participant's participation in the Plan shall be re‑instated beginning on the first of the month which immediately follows the period for which his/her participation had been suspended.

SECTION 6 ‑ WITHDRAWING FROM THE PLAN

6.1       A Participant who ceases to be employed by the University must withdraw from the Plan.  Within thirty (30) days, the University shall pay to the Participant the Deferred Salary.

6.2       In the case of unforeseen and extenuating circumstances, such as financial hardship, and with the approval of the University, the Participant may withdraw from the Plan upon giving not less than three (3) months notice of intent to do so prior to the date  established for the Deferred Salary Leave.  Within thirty (30) days of such withdrawal, the University shall pay to the Participant the Deferred Salary plus interest.

6.3       In the event of the death of a Participant, the University shall pay the Deferred Salary to the Participant's estate, subject to the University's receiving the necessary clearances and proofs normally required for payments to estates.  Payment is to be made within thirty (30) days upon receipt of such clearances and proofs.

SECTION 7 ‑ RETURNING TO WORK FOLLOWING THE LEAVE OF ABSENCE

7.1       Following the Deferred Salary Leave, the Participant must resume employment with the University or with an employer that participated in the same or similar arrangement for a period of time not less than the duration of the Deferred Salary Leave.

7.2       If the participants position is terminated during the Deferred Salary Leave, notice as per Article 9 in the Agreement on Conditions and Terms of Employment will apply.

 

Document A - Classification Matrix & Salary Grid

 

Effective July 1, 2014 Monthly

Effective October 1, 2014 Monthly

Effective December 1, 2014 Monthly

Effective July 1, 2014 Annually

Effective October 1, 2014 Annually

Effective December 1, 2014 Annually

Document B - Benefits

Please contact Human Resources or see the website for details on benefits available for M&P staff.

Document C - Comparator Organizations

Comparator organizations will be used to look at compensation packages as well as market value for individual positions.  This would include organizations that we typically hire from or our staff transfer to, including educational organizations, as well as large, complex, public and private sector companies.  Markets for different jobs may vary from local, regional or national companies and from institution-specific to open-market depending on whether it is a university-specific function (e.g. Admission Officers) or a general function (e.g. Human Resource Advisors).

The list of comparative organizations includes:

a)         Universities within B.C.:

  • Simon Fraser University
  • University of Victoria
  • University of Northern B.C.

b)         Large complex universities across Canada:

  • University of Alberta
  • McGill University
  • University of Toronto
  • Queen’s University
  • University of Western Ontario
  • University of Calgary

c)         Large complex private sector organizations

  • Telus
  • FortisBC
  • HSBC or Vancity
  • Finning International

d)         Large complex public sector organizations

  • BC Hydro
  • ICBC
  • Vancouver Coastal Health Authority
  • WorkSafe BC
  • City of Vancouver