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Article 16 - Designated Paid Holidays

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16.01 (1) The following days are designated paid holidays for employees covered by this Collective Agreement:
(a) New Year's Day;
(b) Good Friday;
(c) Easter Monday;
(d) The day fixed by proclamation of the Governor in Council for the celebration of the Birthday of the Sovereign;
(e) National Aboriginal Day, or for those employees working and normally residing in Nunavut, Nunavut Day;
(f) Canada Day;
(g) The first Monday in August;
(h) Labour Day;
(i) The day fixed by Order of the Government of the Northwest Territories as a general day of Thanksgiving;
(j) Remembrance Day;
(k) Christmas Day;
(l) Boxing Day; and
(m) Any additional days when proclaimed by an Act of Parliament as a National Holiday or by an Act of the Legislative Assembly of the Northwest Territories as a Territorial Holiday.
(2) Where the Employer agrees to provide the majority of employees in any community with time off in support of a community function, those employees who are unable to take advantage of the time off because of operational requirements will be paid at the overtime rate for hours worked during that period.
16.02 Article 16.01 does not apply to an employee who is absent without pay on both the working day immediately preceding and the working day following the Designated Paid Holiday, except with the approval of the Employer or where leave has been granted under Article 12.

HOLIDAY FALLING ON A DAY OF REST

16.03 When a day designated as a holiday under Clause 16.01 coincides with an employee's day of rest, the holiday shall be moved to the employee's first working day following his/her day of rest.
16.04 When a day designated as a holiday for an employee is moved to another day under the provisions of Clause 16.03:
(a) work performed by an employee on the day from which the holiday was moved shall be considered as work performed on a day of rest; and
(b) work performed by an employee on the day to which the holiday was moved, shall be considered as work performed on a holiday.
16.05 When the Employer requires an employee to work on a Designated Paid Holiday as part of his/her regularly scheduled hours or as overtime when he/she is not scheduled to work he/she shall be paid in addition to the pay that he/she would have been granted had he/she not worked on the holiday:
(a) Twice (2) his/her hourly rate for all hours worked,
or
(b) An equivalent combination of cash and a day of leave at a later date convenient to both the employee and the Employer.
16.06 Where a day that is a designated holiday for an employee falls within a period of a leave with pay, the holiday shall not count as a day of leave.
16.07 At the request of the employee, and where the operational requirements of the service permit, an employee shall not be required to work both Christmas and New Year's Day.
16.08 All regularly scheduled shift hours worked by employees between 5:00 P.M. December 24 and 12:01 A.M. the day following, or 5:00 P.M. December 31 and 12.01 A.M. the day following, will be paid in accordance with Clause 16.05.
16.09 This Clause applies only to employees whose regular work week is not Monday to Friday inclusive and whose shift schedule requires the employee to regularly work designated paid holidays except for those employees included under Appendix A10 – Health Care Practitioners:
(i) On April 1 of each year a full-time employee shall be entitled to a designated paid holiday bank equivalent to the number of designated paid holidays as specified in Article 16 in the current fiscal year multiplied by the employee’s standard daily hours of work (7.5 or 8). For employees who are shift workers for only part of a year, the designated paid holiday bank shall be equivalent to the number of designated paid holidays which occur while the employee is a shift worker.
(ii) Banked hours shall be taken at a time mutually agreeable to the Employer and the employee. Any unused banked hours shall be paid out at the end of the fiscal year.
(iii) When more than one (1) employee requests time off with pay for these purposes and for operational reasons not all employees are granted the leave, length of service with the Employer shall be the sole deciding factor.
(iv) When one employee(s) applies for vacation leave and another employee(s) applies for banked hours off under this clause, the request of the employee applying for vacation leave shall receive first preference.
(v) When an employee is required to work on a designated paid holiday as part of the employee's regularly scheduled hours of work or as overtime when the employee is not scheduled to work, the employee shall be paid in addition to the hours the employee has banked had the employee not worked on the holiday twice (2) the employee's straight time rate for all hours worked. This time may be banked, and paid out in accordance with paragraph (ii).
(vi) An employee scheduled to work on a designated paid holiday shall be paid at the applicable overtime rate for all hours worked from 00:01 to 24:00 on the designated paid holiday.