If you are a part-time employee and do not have any vacation banked, the MOU will not apply. If you are a part-time employee, and have a vacation bank that is under the seven-week carry-over allowed in art. 17.08 of the AJC Collective Agreement, then your vacation leave bank will not be reduced.
Yes, you are expected to take all of your vacation leave credits during the fiscal year in which they are earned, and art. 17.05 of the AJC Collective Agreement permits the employer to schedule your vacation leave. This does not however, appear to be a regular practice.
A mandatory cash out of excess vacation leave credits (i.e., all vacation leave credits over seven weeks) at the rate of 20% will take place each year over the five-year period from March 31, 2022, to March 31, 2026.
Excess leave credits will be calculated as of March 31, 2022. A cash out of 20% of the excess leave will occur in the fiscal year commencing April 1, 2022. As an example:
Vacation leave which was earned but not used in the fiscal year ending March 31, 2022, will be cashed out if a member is carrying over vacation leave in excess of the seven-week limit. This cash out is in addition to the 20% cash out of excess vacation leave. The same process applies to each fiscal year covered by the MOU.
Example:
No. The cash out payments under the MOU are limited to the amount necessary to reduce a lawyer’s vacation leave carry over to the seven weeks allowed by art. 17.08 of the AJC Collective Agreement.
Under the MOU, a lawyer who does not wish to use up excess vacation leave or does not want to be cashed out at the rate of 20% per year may still request a cash out of 100% of excess vacation leave. A request for a 100% cash out of excess vacation leave should be made to management.
The Employer, in consultation with the member, may pause the mandatory 20% cash out in a given year, in certain situations where there is an issue with the completeness or accuracy of a lawyer’s leave data. This could occur, for example, where a member employed by the DOJ accepts a position with the PPSC, and there is a delay in transferring leave data from one department to the other.
No, the MOU only applies to vacation leave and does not apply to other forms of leave, including management leave.