What is the test for personal and volunteer leave under a collective agreement?
Canada (Federal), Canada
The following excerpt is from Sahota v. Canada (Customs and Revenue Agency), 2004 PSSRB 166 (CanLII):
A final point of comparison with the previous cases on this issue is that some had the benefit of a definition of “day” in the general definition section of the agreement. In Stockdale (supra), for example, the definition was “. . . a twenty-four (24) period commencing at 00.01 hour (jour).” While not determinative, this was of some assistance in reaching the conclusion that personal and volunteer leave was available for the length of the shift worked, twelve hours. The collective agreement in this case has no such definition. There is a reference to “calendar day”, but this is in the bereavement leave provision (clause 17.02). To paraphrase part of the reasoning in King v. Canada Customs and Revenue Agency (supra), the parties could have easily written subclause 17.13(c) to read that family leave “. . . shall not exceed five (5) calendar days. . . .” They did not.
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