Common use of Lieu Leave Clause in Contracts

Lieu Leave. (i) On April 1st, 2017 an employee shall be credited with ninety three point one seven (93.17) hours of lieu leave. (ii) On April 1st, 2018 and each April 1 thereafter an employee shall be credited with eighty-eight (88) hours of lieu leave. (b) Lieu leave may be scheduled as an extension to vacation leave or as occasional leave and shall be charged against the lieu leave credits on an hour-for-hour basis. (c) Consistent with operational requirements and subject to adequate notice, NAV CANADA shall make every reasonable effort to schedule lieu leave at times desired by the employee. For employees in non-control positions that are normally unstaffed on a holiday, NAV CANADA may schedule an employee’s lieu leave on the holiday. In the event that the holiday falls on the employee’s day of rest, lieu leave may be scheduled on the first scheduled working day following his or her day of rest. (d) Where in any vacation year an employee has not utilized all of the lieu leave credited to him or her, the employee may elect to carry forward into the next vacation year the unused portion of his or her lieu leave. (e) ▇▇▇▇ leave earned in the vacation year will be utilized before lieu leave carried forward from the previous vacation year. (f) At the employee’s option, any lieu leave which cannot be liquidated by the end of the vacation year in which it is earned will be paid off at the employee’s straight-time rate of pay in effect at that time. Unused lieu leave will be carried over into the following vacation year excepting only where the employee requests in writing that it be paid out, subject to clause (g) below. (g) In cases where lieu leave from the previous vacation year has not been fully utilized by the end of the current vacation year, any outstanding carry-over lieu leave credits will be paid off at the employee’s straight-time rate of pay in effect at that time. However, any lieu days accumulated prior to June 1, 1982 will continue to be carried over to the following vacation year, unless and until the employee requests that they be paid off in accordance with the foregoing sentence. (h) Any leave granted under the provisions of this clause in advance of holidays occurring after the date of an employee’s separation or after he or she becomes subject to clause 16.08 shall be subject to recovery of pay. (i) Where an employee has received authorization for a period of leave of absence without pay of at least 365 days, he or she will not be credited with lieu leave as identified in Clause (a) above while on such leave. In such a circumstance, upon his or her return, the employee will receive lieu credits for those designated holidays (Article 28.01) remaining during that vacation year, at the rate of 8.47 hours per holiday until March 31, 2018 and at the rate of 8 hours per holiday thereafter. If the employee is on an authorized leave of absence without pay for a period of less than 365 days they will be credited with lieu leave as if they had been at work. (j) Persons who become employees at some point after April 1st will receive lieu leave credits equivalent to the number of designated holidays that remain in that vacation year (at the rate of 8.47 hours per holiday until March 31, 2018 and at the rate of 8 hours per holiday thereafter).