Date: Nov. 21, 2019
To: Deans, Directors, Department Heads and Administrative Managers
From: Marcia Buchholz, Managing Director, Human Resources, Advisory Partnerships, Central Operational Services, and HR Professional Standards, and Gillian Henderson, Executive Director, Human Resources – UBC Okanagan
Subject: Paid leave for staff between Boxing Day and New Year’s Day
Every year between Boxing Day and New Year’s Day, the university has a reduction in services offered. There are provisions for paid leave in our staff agreements for this seasonal closure, which falls on Dec. 27, 30, and 31, 2019.
The five staff employee groups with this leave provision are BCGEU Okanagan, CUPE 2950, CUPE 116, IUOE 115, and AAPS. Although there is no official policy in place for non-union staff, excluded management and professional staff, and service unit directors, Human Resources has recommendations regarding these groups. Following are the provisions or recommendations by employee group:
Under Article 57 of the Collective Agreement, three additional days’ leave of absence with pay per calendar year will be granted to all regular employees represented by BCGEU at UBC Okanagan. These days may be used during the three working days during the seasonal closure (between Boxing and New Year’s). These days may alternatively be used by employees at other times during the year subject to reasonable timing of notice and operational requirements. All days must be used within the year and may not be carried over to the following year.
Should employees be required to work during the seasonal closure, they will be paid at their regular rate of pay and be granted the equivalent number of days (up to three days) off with pay at some other mutually agreeable time.
Article 30.08 of the Collective Agreement provides that employees who are normally scheduled to work on these days will be granted leave of absence with pay unless they are required to work for operational reasons. If required to work, they will be paid their regular wages and granted three paid leave of absence days at another mutually agreed upon time. Employees who are not normally scheduled to work on these days are not eligible for this paid leave.
Article 18.10 of the Collective Agreement has the same provisions as that of the CUPE 2950 Collective Agreement.
Article 20.04 of the Collective Agreement has the same provisions as that of the CUPE 2950 Collective Agreement, and also applies to shift employees.
The Agreement with AAPS, representing Management and Professional staff, takes a different approach to this period. Article 10.04 of the AAPS Agreement recognizes that staff members are called upon to work significant additional hours of work. The Article provides guidance to supervisors and staff members on different means of compensation or other offsetting benefits. Several examples are provided, including the option of granting paid leave for these three working days. Article 12.10 specifically deals with paid “Christmas Leave” and states:
“…in order to offset significant amounts of hours of work over and above the usual job requirements, employees who are normally scheduled to work may be granted three (3) days leave of absence with pay to be taken between Boxing Day and New Year’s Day unless they are required to work for operational reasons.”
Unlike the CUPE 2950 and 116 agreements, there is not an entitlement to paid leave, nor is there provision for carryover. However, Christmas Leave is a means within operational requirements to compensate Management and Professional staff for their significant additional hours of work over and above the usual job requirements. It may also be provided as a form of recognition for other contributions of these staff members.
Non-Union Technicians & Research Assistants and Farm Workers
The terms and conditions for this group quite closely resemble those of CUPE 116. In order to recognize staff consistently, Human Resources recommends that employees who are normally scheduled to work be granted paid leave over the seasonal closure, unless they are required to work for operational reasons. Employees who are required to work should be paid at straight time and granted three paid leave of absence days to be taken at some other mutually agreeable time. If part-time employees are regularly scheduled to work, they are also entitled to this benefit. If part-time or hourly staff are not regularly scheduled to work between Christmas and New Year’s, they are not entitled to this time off with pay.
Non-Union Executive Administrative Staff
The terms and conditions of this group closely resemble those of CUPE 2950. Human Resources therefore recommends that they be granted paid leave over the seasonal closure, subject to operational requirements.
Excluded Management and Professional Staff
The terms and conditions of employment of this group are similar to those of Management and Professional staff represented by AAPS. These employees are not represented by AAPS, however. We recommend that, based on operational requirements, supervisors of excluded Management and Professional Staff should consider paid leave over the seasonal closure as one form of recognition for the contributions of these staff members, including their significant additional hours of work.
Service Unit Directors
Employees in this group usually have their terms and conditions of employment benchmarked against those provided to management and professional staff. They are not covered by the AAPS agreement, however, and the terms of their employment relationship have been the subject matter of negotiation between individual employees and their supervisors. Human Resources recommends that the general guideline of using paid leave over the seasonal closure as one form of recognition for the contributions of these staff members, including their significant additional hours of work.
If you have any questions or would like to review any particular situations in your department, please contact your Human Resources Advisor or Associate.