Domestic Violence: PSAC Collective Agreement language

If you are in immediate danger, call your local police or dial 9-1-1.

PSAC has negotiated, and continues to negotiate leave provisions in collective agreements to support employees who experience domestic violence. The following collective agreement language is provided as a reference for PSAC BC members. It is intended to show members what is available in their current collective agreements and/or to help other units develop proposals on domestic violence for future collective bargaining.

Check to see if your collective agreement contains these provisions.

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CANADA POST

38.07  Leave in Circumstances of Domestic Violence

The Corporation and the Alliance recognize that employees may experience incidents of domestic violence which could affect the employee in the workplace. Accordingly, the Corporation may grant the employee access to their Leave provisions in situations of domestic violence and such requests shall not be unreasonably withheld.

NAV CANADA

Article 28.17 – Domestic Violence Leave

28.17  The Employer recognizes that employees may face situations of violence or abuse, which may be physical, emotional, or psychological in their personal life that could affect their attendance and performance at work.

a)    Employees experiencing domestic violence, and who have been employed for at least three (3) months, will be able to access up to thirty-seven and one half (37.5) hours of paid leave and up to five (5) days of unpaid leave, which the employee may choose to take intermittently or in one continuous period.  This leave will be in available once per leave year. This leave may be taken as consecutive or single days or as a fraction of a day.  This leave is in addition to the existing leave entitlements under the present collective agreement, but is not in addition to that afforded under the Canada Labour Code.

b)    An Employee may take Domestic Violence Leave for one or more of the following purposes:

  1. to seek medical attention for the Employee or the Employee’s children in respect of a physical, emotional or psychological injury or disability caused by the domestic violence;
  2. to obtain services from a victim services organization;
  3. to obtain psychological or other professional counselling;
  4. to relocate temporarily or permanently;
  5. to seek legal or law enforcement assistance, including preparing for or participation in any civil or criminal legal proceeding related to or resulting from the domestic violence;

c)    The Employer may, in writing and no later than 15 days after an employee’s return to work, request the employee to provide documentation to support the reasons for the leave. The employee shall provide that documentation if it is reasonably practicable for the employee to obtain and provide it.

d)    The Employer shall:

  1. ensure confidentiality and privacy in respect of all matters that come to the Employer’s knowledge in relation to a leave taken by an Employee under the provisions of the “Domestic Violence Leave” in this Collective Agreement; and
  2. identify a contact in Human Resources who will be trained in domestic violence and privacy issues.  The Employer will advertise the name of the designated violence contact to all employees.
  3. not disclose information in relation to any person except
    1. to an employee as identified in d) ii) or agents who require the information to carry out their duties;
    1. as required by law; or
    1. with the consent of the Employee to whom the leave relates.
  4. take action to reduce or eliminate the risk of domestic workplace violence incidents;
  5. promote a safe and supportive work environment;
  6. ensure employees receive required training including both awareness and confidentiality aspects; and
  7. follow the confidential reporting procedures.

e)    No information shall be kept on an employee’s personnel file without their express written agreement.

f)     The employer agrees that no adverse action will be taken against an employee if their attendance or performance at work suffers as a result of experiencing domestic violence.

FIRST NATIONS HEALTH AUTHORITY

Article 46 – Leave Without Pay for Personal Needs

46.02   Domestic Violence Leave

The Employer will provide leave in accordance with the Employment Standards Act, Section 52.5, and as it may be amended from time to time by the provincial government. As of February 2021, employees are entitled during each year to up to five (5) days of paid leave, and additional unpaid leaves as necessary. For reference, a current hyperlink to the interpretation of the Act is reproduced below. https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/forms-resources/igm/esa-part-6-section-52-5

VICTORIA AIRPORT AUTHORITY

Article 15 – Other Leave With or Without Pay

15.13  Family Violence Leave

  1. The Employer recognizes that employees or their dependent child may face situations of violence or abuse in their personal life that may affect their attendance and performance at work.
  2. Employees experiencing domestic violence or employees with a child experiencing domestic violence shall be granted leave without pay for up to ten (10) days per calendar year to attend appointments with professionals, legal proceedings and to engage in any other necessary activities to support their health, safety and security.
  3. The first five (5) days of such leave shall be paid by the Employer. For the balance of the leave period, employees on such leave may first use accumulated family-related leave or accumulated compensatory leave.
  4. This leave may be taken as consecutive or single days or as a fraction of a day based on one-hour intervals, with request for approval being sought as soon as is reasonable within the first working day. This leave shall not be carried forward.
  5. All personal information concerning domestic violence will be kept confidential in accordance with relevant legislation and shall not be disclosed to any other party without the employee’s written agreement.

At the discretion of the Employer, when the employee is the subject of domestic violence, the employee may be granted paid leave beyond the maximum specified above, provided the employee has unused family-related leave credits or banked leave credits sufficient for the leave granted. Subject to the effective operation of the Employer, such a request shall not be unreasonably withheld.

PRINCE GEORGE AIRPORT AUTHORITY

Article 16 – Other Types of Leave

16.06  Family Violence Leave

Pursuant to the Canada Labour Code, employees experiencing domestic violence or employees with a child experiencing domestic violence shall be granted leave with pay for five (5) days and leave without pay for up to five (5) additional days per calendar year to attend appointments with professionals, legal proceedings, and engage in any other necessary activities to support their health, safety and security.

SWISSPORT CANADA INC.

Letter of Understanding #9 Re: Leave for Victims of Family Violence

As per the Canada Labour Code, as amended from time to time:

  1. The Employer recognizes that employees or their dependent child may face situations of violence or abuse in their personal life that may affect their attendance and performance at work.
  2. Employees experiencing domestic violence or employees with a child experiencing domestic violence shall be granted leave up to five (5) days with pay and up to five (5) days without pay to a maximum of ten days combined per calendar year to attend appointments with professionals, legal proceedings and to engage in any other necessary activities to support their health, safety and security. This leave shall not be carried forward.

All personal information concerning domestic violence will be kept confidential in accordance with relevant legislation and shall not be disclosed to any other party without the employee’s written agreement.

BWXT Medical Limited

Article 22 Special Leave and Other Leave

Domestic Violence

22.13  The definition of domestic violence and leave with pay provided for such situations will be in accordance with the Canada Labour Code as amended from time to time.

CMHC Granville Island

Article 16 Special Leave

16.05  Family Violence Leave

The Employer recognizes that employees sometime face situations of violence or abuse in life that may affect their attendance and performance of work.

Workers experiencing domestic violence will be able to access up to 10 days of paid leave for attendance at medical appointments, legal proceedings and any other necessary activities. This leave will be in addition to existing leave entitlements and may be taken as consecutive days or single days or half days provided that the Employer is provided with a minimum of 24 hours’ notice where possible.

TREASURY BOARD AND AGENCIES

Similar language exists in the following Treasury Board and Agency collective agreements. The specific wording provided here is from the Canada Revenue Agency collective agreement. Where differences exist (such as in the SV collective agreement), they are provided as well.

CANADA REVENUE AGENCY

Article 44 – Domestic Violence Leave

44.01  For the purpose of this article domestic violence is considered to be any form of abuse or neglect that an employee or an employee’s child experiences from a family member, or from someone with whom the employee has or had an intimate relationship.

44.02  a)    The parties recognize that employees may be subject to domestic violence in their personal life that could affect their attendance at work.

  • Upon request, an employee who is subject to domestic violence or who is the parent of a dependent child who is subject to domestic violence shall be granted domestic violence leave in order to enable the employee, in respect of such violence:
  • to seek care and/or support for themselves or their child in respect of a physical or psychological injury or disability;

ii.     to obtain services from an organization which provides services for individuals who are subject to domestic violence;

  1. to obtain professional counselling;
  2. to relocate temporarily or permanently; or
  3. to seek legal or law enforcement assistance or to prepare for or participate in any civil or criminal legal proceeding.
  4. The total domestic violence leave with pay which may be granted under this article shall not exceed seventy-five (75) hours in a fiscal year.
  5. Unless otherwise informed by the Employer, a statement signed by the employee stating that they meet the conditions of this article shall, when delivered to the Employer, be considered as meeting the requirements of this article.
  6. Notwithstanding clauses 44.02(b) and 44.02(c), an employee is not entitled to domestic violence leave if the employee is charged with an offence related to that act or if it is probable, considering the circumstances, that the employee committed that act.

Program and Administrative Services (PA): Article 54

Technical Services (TC): Article 55

Education and Library Science (EB): Article 22.18

Border Services (FB): Article 53

Statistics Survey Operations: Article 41

Canadian Security Intelligence Service: Article 40

Operational Services (SV): Article 56

56.01  c)    The total domestic violence leave with pay which may be granted under this article shall not exceed:

  1. seventy-five (75) hours in a fiscal year, where the standard workweek is thirty-seven decimal five (37.5) hours per week and seven decimal five (7.5) hours per day, or
  2. eighty (80) hours in a fiscal year, where the standard workweek is forty (40) hours per week and eight (8) hours per day, or
  3. eighty-four (84) hours in a fiscal year, where the standard workweek is forty-two (42) hours, or
  4. ninety-three decimal two (93.2) hours in a fiscal year, where the standard workweek is forty-six decimal six (46.6) hours.

Parks Canada Agency: Article 50.03

50.03  c)    The total domestic violence leave with pay which may be granted under this article shall not exceed seventy-five (75) or eighty (80) hours (in accordance with the Hours of Work Code) in a fiscal year.

Canadian Food Inspection Agency: Article 63

Excluded Provision

Sub-clause 63.01(c) does not apply to bargaining unit employees classified as GL or GS.

Alternate Provision

Sub-clause 63.01(d) applies only to bargaining unit employees classified as GL or GS.

63.01  c)    The total domestic violence leave with pay which may be granted under this article shall not exceed seventy-five (75) in a fiscal year.

  1. The total domestic violence leave with pay which may be granted under this article shall not exceed eighty (80) hours in a fiscal year.