What Healthcare Workers Need to Know Regarding MUHC Summer Vacation Rights and Obligations
As the days grow longer and the nights warmer, McGill University Health Centre (MUHC) healthcare staff need to start planning their annual summer vacation. Workers from APTS, MUHCEU-CSN, and SPSICR-CUSM FIQ unions are required to submit their preferences before March 15.
If you are returning to your work during the summer vacation period, from a personal leave, salary insurance, or a work accident, you should also submit your vacation preferences in writing.
Alwaysrequest a hard copy or email confirmation for any document you submit. The proof should include the date and the name of the individual who received the document.
Summer Vacation Highlights:
You need to request your summer vacation preference before March 15. (The winter vacation deadline is before September 15 for APTS and MUHCEU-CSN members, and September 1st for SPSICR-CUSM FIQ.)
You can make modifications to your vacation preference up until the deadline.
According to seniority you can take all your vacation in one block or request separate week vacation periods.
You can split one week into individual days, but these days must be taken outside the normal annual vacation period.
After 17 years of service, you start accumulating extra vacation days up to a maximum of 5 days. These five days may be requested as individual days, outside the summer vacation period.
The Employer can not require an employee to take their vacation outside the normal annual vacation period.
The Employer shall post the vacation schedule in the usual places by April 1 at the latest.
The Annual Vacation Period (Summer Vacation):
For the MUHCEU members the normal annual vacation period is between May 15 and September 30 of each year.
SPSICR-CUSM members the normal annual vacation period is between June 01 and September 30 of each year. If this is impossible, the period extends from June 1 to October 15.
The normal annual vacation period for APTS members is between May 15 and October 15 of each year.
The Employers Responsibilities:
Before March 1, the employer shall post a list of employees with their seniority and the quantum of annual vacation to which each is entitled, as well as a sign-up sheet. This applies for the SPSICR-CUSM, MUHCEU and APTS, memebrs.
The Employer shall establish the highest possible vacation quotas, so that as many employees as possible are authorized to take their vacation.
The Employer shall set the dates of annual vacation, taking into account the preferences expressed by employees and their seniority:
SPSICR-CUSM, but applied among the employees in the same centre of activities, in the same site and in the same job-title group. But applying these preferences by job title and by service.
APTS, but applied by centre of activities … and taking into account the needs of the centre of activites.
MUHCEU, but applying these preferences by job title and by service.
The Employer shall post the vacation schedule in the usual places at the latest by April 15 for SPSICR-CUSM and April 1 for MUHCEU and APTS.
This schedule remains posted during the entire vacation period.
The Employer shall establish the highest possible vacation quotas, so that as many employees as possible are authorized to take their vacation.
The Workers Rights:
You may take your vacation as one continuous period or, if you wish, divide it into periods of at least one week each.
The Employer shall set the dates of your annual vacation, according to your preference and seniority except:
APTS and SPSICR-CUSM members seniority prevails only for one choice of vacation within each of the two vacation periods (Summer/Winter).
The MUHCEU local agreement reads differently, Seniority shall prevail for each vacation period within the two vacation periods. Therefore, the employee with the highest seniority will get all the preferences.
You may also take up to five days of annual vacation leave separately.
The extra vacation days acquired after 17 years of service may also be taken separately.
You may take up to five days of your annual leave in a discontinuance fashion, after agreement with your department on the dates. These days do not appear on the annual vacation schedule.
MUHCEU, These days need to be taken outside the normal period, May 15 to September 30. However, your seniority may not be pitted against that of an employee who has chosen continuous vacation time during the same period.
SPSICR-CUSM, these days are taken outside the normal vacation period, June 01 to September 30.
APTS, There is no reference to an excluded time frame.
If you are entitled to more than twenty working days of vacation, these additional days may also be taken separately, and outside the normal vacation period (May 15 to September 30). No reference is made to the extra days in the APTS and SPSICR-CUSM local agreements.
Switch Your Annual Vacation With a Co-Worker
With the consent of your immediate supervisor, who may not refuse without a valid reason, you can switch your annual vacation with a coworker.
SPSICR-CUSM, By mutual agreement, two employees of a same centre of activities can exchange their annual vacation dates, with the agreement of their immediate superior.
APTS, Once the employer has posted the annual vacation schedule, two employees with the same job title, in the same centre of activities may exchange their annual vacation period with the agreement of the supervisor.
MUHCEU, Two employees with the same job title, working in the same service and entitled to the same number of days of vacation, are free to exchange their annual leave with each other, with the consent of their immediate supervisor, who may not refuse without a valid reason.
Spouses Are Entitled to take their Annual Vacation at the Same Time:
If you and your spouse work for the MUHC, you are both entitled to take your annual vacations at the same time. However, the vacation period shall be that of the spouse with less seniority and dose not conflict with the preference of other employees with more seniority.
The requests needs to be made when submitting your vacation choices.
Postponing Your Vacation:
If you are unable to take your annual vacation at the scheduled time because of an illness, accident, work accident, protective leave or reassignment of a pregnant or breastfeeding employee occurring before the start of the vacation period, you may postpone the vacation period to a later date.
You must inform the employer before the date set for the start of the vacation period, unless this is impossible due to physical incapacity, in which case the period of annual vacation should be automatically postponed. (You will need to prove the impossibility resulting from your physical incapacity as soon as possible.)
With a work accident (CNESST) the employer should automatically postpone your annual vacation. Nonetheless, the best practice is for you to submit a postponement request. If the employer refuses to postpone your vacation, you should immediatly contact the CNESST.
Upon your return to regular work the Employer shall set your annual vacation date taking into account your preference.
If you need to postpone your vacation it is recommended that you first contact your union office.
Accumulating Annual Vacation:
Quebec Labour Standard amendments as of January 01, 2019, grant employees credited with three years of uninterrupted service with the same employer at the end of a reference year ending after January 1, 2019 a minimum of three consecutive weeks of vacation.
The time frame when you accumulate annual vacation is from May 1 of one year to April 30 of the following year. And the you can take the annual vacation time you acquired as of May 1 of each year.
If you have less than one year of service:
If you have less than one year of service on April 30 you are entitled to one and two thirds (1-2/3) days of paid vacation leave for each month of service.
SPSICR-CUSM and APTS, You may complete up to twenty (20) workdays of annual vacation (four (4) calendar weeks) at your own expense.
MUHCEU, If you are entitled to less than ten days of paid vacation leave you may complete up to two weeks (14 calendar days) at your own expense.
The 5th vacation week:
If you have one year or more of service on April 30, you’re entitled to four weeks of annual paid vacation leave. With at least seventeen years of service you are entitled to extra annual vacation leave as follows:
17 and 18 years of service on April 30 = 21 working days
19 and 20 years of service on April 30 = 22 working days
21 and 22 years of service on April 30 = 23 working days
23 and 24 years of service on April 30 = 24 working days
With 25 years or more of service on April 30 you are entitled to a fifth week of annual vacation (25 workdays).
Special Provisions:
For calculation purposes, if you are hired between the first and the fifteenth day of the month, you are considered having a full month of service.
If you owned more than one job status during the vacation accumulation period:
Full-time employees on annual vacation leave receive remuneration equal to what they would receive if they were at work.
If, however, you had more than one job status during the vacation accumulation period, the amount of vacation is determined as follows:
1-remuneration for the number of days when you had full-time status.
2-remuneration calculated on the following percentages, during which time you were part-time status.
APTS and MUHCEU
Less than 17 years on April 30 = 8.77%
17 to 18 years of service on April 30 = 9.25%
19 to 20 years of service on April 30 = 9.73%
21 to 22 years of service on April 30 = 10.22%
23 to 24 years of service on April 30 = 10.71%
25 or more years of service on April 30 = 11.21%
SPSICR-CUSM
Less than 17 years on April 30 = 8%
17 to 18 years of service on April 30 = 8.4%
19 to 20 years of service on April 30 = 8.8%
21 to 22 years of service on April 30 = 9.2%
23 to 24 years of service on April 30 = 9.6%
25 or more years of service on April 30 = 10%
What happens to my unused vacation days when I leave the MUHC?
When you leave your employment at the MUHC, you are entitled to receive a check for the amount of time (vacation days) accumulated up to your departure date.
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