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0812 - Other Leave With Pay

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Contents

Introduction

  1. A Deputy Head may grant an employee leave with pay for other types of leave.

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Application

  1. These guidelines and procedures apply to all employees, except those employed by the NWT Power Corporation.

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Definitions

  1. Place of Work means any place where an employee is engaged in work for the Employer.
  2. Other Leave with Pay is a leave of absence with pay without charge against leave credits.

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Guidelines

  1. Requests for leave with pay may be approved for the following:
    1. Court leave;
    2. Leave to lecture in a field of employment;
    3. Examination leave;
    4. Union business;
    5. Sporting events;
    6. Covid-19 leave; or
    7. Firefighting and Civil Air Search and Rescue Training (CASAR).
  2. Other than court leave, leave with pay will be granted only where operational requirements permit the employee’s absence.

Court Leave

  1. Leave of absence with pay without any charge against leave credits is given to every employee who is required for the following reasons:
    1. to serve on a jury; or
    2. to attend, on subpoena or summons, as a witness in any proceeding held authorized by law to compel the attendance of witnesses, including:
      1. a court, judge, justice, magistrate or coroner;
      2. the Senate or House of Commons of Canada, or a committee of the Senate or House of Commons, other than in the performance of duties of the employee’s position;
      3. before the Executive Council or Legislative Assembly or any committee that is authorized by law to compel the attendance of witnesses before it; and
      4. before an arbitrator, umpire or a person or body of persons authorized by law to make an inquiry and to compel the attendance of witnesses before it.
  2. An application for court leave must be supported by submission of the appropriate subpoena or summons.
  3. Court leave does not apply to proceedings in which an employee, except teachers, is a party, be it plaintiff, dependent, petitioner or respondent, (i.e. divorce, suing a landlord, adoption proceedings, etc.).
  4. Employees on leave without pay or under suspension are not eligible for court leave.

Leave to Lecture in a Field of Employment

  1. A Deputy Head may grant leave with pay with no charge against leave credits to an employee who is invited to give courses or lectures on matters related to the employee’s field of employment or to take part in seminars or conventions pertaining and related to employment where operational requirements permit the employee’s absence.

Examination Leave

  1. Employees with the NWTTA who wish to write examinations that a university required be written during school hours are entitled to leave with pay for the time required to write the examination at their place of employment.
  2. UNW, excluded and senior management employees may use special leave for this purpose.

NWTTA/UNW Business

  1. Where operational requirements permit, employees who are representatives of the UNW or NWTTA may be granted reasonable time off with pay to attend to association or union business.
  2. Time off with pay may be provided to UNW or NWTTA representatives for the following purposes:
    1. to attend arbitration hearings or mediations dealing with disputes or grievances on behalf of the association;
    2. to be a member of an association or union bargaining team during contract negotiations and for preparation for contract negotiations; and
    3. to attend meetings between an association or union members and a management representative.
  3. In all other circumstances, time off for UNW or NWTTA business is leave without pay and requires the Deputy Head’s prior approval.

Sporting Events

  1. The Government actively supports and encourages participation in the following sporting events:
    1. Arctic Winter Games;
    2. Canada Summer Games;
    3. Canada Winter Games; 
    4. Special Olympics; and
    5. North American Indigenous Games
  2. Employees who compete as athletes or are officially designated as coaches, managers or head officials may be granted leave with pay with no charge against credits up to a maximum of eight working days per year to attend preliminary trials and any one session of the games where operational requirements permit the employee’s absence.
  3. The Government also actively supports and encourages participation in national youth competitions.
  4. An employee who is officially designated as a coach, manager or the head official at national youth competitions may be granted leave with pay with no charge against credits up to a maximum of five working days per year where operational requirements permit the employee’s absence.
  5. Employees needing additional leave to take part in such games must either use annual leave or lieu time.
  6. Due to the nature of casual employment, operational requirements may not permit casuals to take this leave.

COVID-19 Leave

  1. As an employer, the Government of the Northwest Territories (GNWT) has a shared responsibility with all employees to prioritize their health, safety, and wellbeing. 
  2. Beginning on January 30, 2023, every GNWT employee will have access to COVID-19 Leave.
  3. COVID-19 Leave is a type of paid leave that is separate from ordinary Sick Leave (Excluded Employees UNW Members: Article 20NWTTA Members: Article 14)  and from ordinary Special Leave (Excluded EmployeesUNW Members: Article 19 NWTTA Members: Article 13), and that does not draw on employees’ Sick Leave bank or Special Leave bank.  All of the procedures and rules for requesting Sick Leave and Special Leave apply to requesting COVID-19 Leave using the COVID-19 Sick Leave code and the COVID-19 Special Leave code respectively in addition to what is indicated by these guidelines.
  4. All GNWT employees who meet the required criteria for COVID-19 Leave are entitled to paid leave in addition to their Sick Leave credits and Special Leave credits.
  5. Managers and supervisors will be responsible for ensuring employees are eligible for COVID-19 Leave.

COVID-19 Sick Leave Code

  1. A GNWT employee is eligible for COVID-19 Leave using the COVID-19 Sick Leave code if all of the following criteria are met:
    1. The employee has confirmed through testing that they have COVID-19 within 48 hours of requesting COVID-19 Leave;
    2. The employee is not on leave without pay; and
    3. The employee is not under suspension.

COVID-19 Special Isolation Leave Code

  1. A GNWT employee is eligible for COVID-19 Leave using the COVID-19 Special Isolation Leave code if they meet all of the following conditions:
    1. The employee and/or their dependents have been ordered or directed to isolate due to COVID-19 by a public health order or by a doctor within 48 hours of making the request for COVID-19 Leave;
    2. The employee is unable to attend work remotely;
    3. The employee is not on leave without pay; and
    4. The employee is not under suspension.
  2. A GNWT employee is also eligible for COVID-19 Leave using the COVID-19 Special Isolation Leave code if they meet all of the following conditions:
    1. One or more of their dependents have tested positive for COVID-19 within 48 hours of making the request for COVID-19 Leave;
    2. The employee is unable to attend work remotely;
    3. The employee is not on leave without pay; and
    4. The employee is not under suspension.

Testing and Reporting 

  1. Employees are responsible to complete any required COVID-19 testing at their own cost.
  2. Employees requesting COVID-19 Leave may be required to provide proof of a positive COVID-19 test or isolation order.

Firefighting and Civil Air Search and Rescue (CASAR)

  1. Up to five days with pay per fiscal year may be granted to employees who are taking firefighting training and/or CASAR training where operational requirements permit the employee’s absence.
  2. Employees of the NWTTA may be granted leave with pay for purposes other than those specified in NWTTA Collective Agreement including military or civil defense training, firefighting service and emergencies affecting the community or place of work.
  3. UNW, excluded and senior managers may be granted special leave with or without pay for emergencies affecting the community or place of work including firefighting.

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Procedures

  1. An employee requests in writing leave with pay with attached supporting documentation (i.e. subpoena, summons, sports team registration documents). 
  2. The Deputy Head approves or denies the request.

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Authorities and References

 

Public Service Regulations
Section 35, Court Leave

Collective Agreement with UNW
Article 12, Time off for Union Business

Article 21, Other Types of Leave

Collective Agreement with the NWTTA
Article 15.02, Court Leave
Article 15.08, Pedagogic Leave
Article 15.10, Examination Leave
Article 15.11, Leave for Other Purposes

Senior Managers’ Handbook
Court Leave

Excluded Employees’ Handbook
Court Leave

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