General Civil Service Regulations

Link to law: https://www.novascotia.ca/just/regulations/regs/csgen.htm

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
General Civil Service Regulations
made under Section 45 of the

Civil Service Act

R.S.N.S. 1989, c. 70

O.I.C. 2009-453 (October 27, 2009), N.S. Reg. 311/2009

as amended to O.I.C. 2015-273 (August 11, 2015), N.S. Reg. 299/2015

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.

Interpretation

Citation

Definitions for these regulations

Employee Appointments

Term appointment

Permanent appointment

Probationary period

Part-time appointment

Transfer between departments

Temporary assignment

Reappointment of permanent employee

Commission may reclassify, promote, demote or transfer

Leave to participate in selection process

Benefit Plans

Mandatory participation in benefit plans

Part-time employee’s participation in benefit plans

Employee may opt out of Consolidated Health and Dental Plan

Deduction of employee contributions and premiums

Sections 16A to 16D apply except as otherwise provided

Health, dental and life insurance plan premiums must be prepaid

Disability premiums must be prepaid

Payment of premiums under Sections 16A and 16B

Participation in pension plan during special leave without pay

Employees must notify of change in marital status

Employee Service

Calculating employee’s service

Service credit if more than 10 days’ salary received in month

Pay and Hours of Work

Application of Sections 21 and 22

Pay rate on appointment

Pay rate on promotion

Salary adjustment determined in consultation with Deputy Head

Pay rate on temporary assignment with reclassification

Pay rate on reclassification to classification with higher maximum pay rate

Acting pay

When acting pay is not payable

Acting pay for excluded classification employees, Crown attorneys, legal servicesemployees and public prosecution management employees

Acting pay for liability management employees and medical employees

Acting pay for entire acting pay period

No limitation on assignment of duties

Benefits and contributions during acting pay period

Shift and weekend premiums

Standby time

On call pay for Crown attorneys

Reimbursement for travel between midnight and 6 a.m.

Hours of work

Rest periods per day

Leave with pay for employee with longer work week

Flexible and Modified Working Hours

Flexible working hours schedule or modified work week

Overtime

Employee eligibility for overtime compensation

Conditions for overtime work compensation

Types of compensation for overtime work

Calculation of overtime compensation

Employee entitled to meal breaks during overtime

Overtime work allocation and records

Merit pay for Crown Attorneys and Legal Services Employees

Sections 50 to 56 apply only to certain employees

Commission may grant merit pay

Merit pay dates

Merit pay may be withheld

Determining anniversary date for merit pay

When anniversary date changes

When anniversary date remains unchanged

Merit pay for Liability Management Employees, Medical Employees and ExcludedClassification Employees

Section 58 applies only to certain employees

Commission may grant merit pay

Part-time Employees

Calculating service for part-time employees

Part-time employees’ benefit entitlement calculation

Part-time employees’ general illness and short-term illness leave prorated

Overtime pay for part-time employees

Job-sharing Arrangements

Commission may authorize job-sharing arrangement

Requirements for job-sharing arrangement

Request for job-sharing arrangement

Job-sharing period

Hours of work and service credit under job-sharing arrangement

Leave prorated under job-sharing arrangement

Monthly allowances under job-sharing arrangement

Participating in benefit plans under job-sharing arrangement

Application of Public Service Superannuation Act under job-sharing arrangement

Terminating job-sharing arrangement

Vacation Leave

Annual vacation leave entitlement

Vacation leave approval

Carry-over of vacation leave entitlement

Vacation leave entitlement from subsequent year for use in current year

Recall from vacation leave

Illness during vacation leave

Vacation leave entitlement compensation upon leaving Civil Service

Holidays

Designated holidays

When holiday falls on rest day, or during leave or absence

Types of compensation for work on holiday

Compensation for overtime work on a holiday

Health-Related Leave

General illness leave entitlement

Medical and dental care leave

Short-term illness leave entitlement

Time off for ongoing series of treatments or therapy

Subsequent sick leave after short-term illness leave

Long-term disability benefit coverage

Benefit coverage upon deemed termination of laid-off employees

Ineligibility for general illness and short-term illness leave pay

Proof of illness

Deputy Head may grant special leave

Reduction in sick leave or special leave pay

Deemed status during special or sick leave

Injury while working

Leave and pay for employees injured while working

Notices for Pregnancy, Parental and Adoptive Leaves

Notice of pregnancy, parental or adoptive leave

Certificate establishing adoption leave entitlement to accompany notice

Pregnancy Leave

Entitlement to pregnancy leave and notice of pregnancy

Date pregnancy leave begins

SEB Plan allowance for employee on pregnancy leave

Parental Leave

Parental leave entitlement

Medical certificate establishing parental leave entitlement

Dates parental leave begins and ends

Deferral of parental leave while child in hospital

SEB Plan allowance for employee on parental leave

Adoption Leave

Adoption leave entitlement

Dates adoption leave begins and ends

SEB Plan allowance for employee on adoption leave

Benefit Coverage, Service Accumulation, Leave for Illness and Return to Work duringPregnancy, Parental and Adoptive Leave

Benefit plan coverage continues during pregnancy, parental and adoptive leave

Accumulation of service during pregnancy, parental and adoptive leave

Leave for illness associated with pregnancy

Return to work after pregnancy, parental and adoptive leave

Leave with Pay for Birth or Adoption

Birth leave entitlement

Leave for adopting entitlement

Emergency Leave and Family Illness Leave

Emergency leave entitlement

Family illness leave entitlement

Compassionate Leave and Bereavement Leave

Deputy Head may grant compassionate leave

Compassionate leave period

Benefit plan coverage continues during compassionate leave

Return to work after compassionate leave

Bereavement leave

Court Leave, Military Leave and Volunteer Firefighter and Ground Search and RescueLeave

Court leave entitlement

Military leave

Volunteer firefighter and ground search and rescue leave

Prepaid Leave Plan

Employee may apply to participate in prepaid leave plan

Written agreement for prepaid leave plan

Salary and benefits during deferral period

Deferred salary payments subject to withholding

Service and service-related benefits during prepaid leave period

Benefit plan coverage continues during prepaid leave period

Return to work after prepaid leave

Withdrawing from or terminating prepaid leave plan

Staff Training and Development

Access to staff training and development opportunities

Leave granted for training and development

Public Service Award

Eligibility for public service award

Salary amount used in calculation of public service award

Service used in calculation of public service award

Entitlement to public service award on death of employee

Resignation and Termination

Employee resignation

Terminating employment for cause

Termination of probationary or term employee

Terminating employment of 10 or more employees

Lay-Off

Lay-off notice

Deemed termination of laid-off employee

Severance allowance for laid-off employees

Lay-off of employee when employees hold similar positions in same classification

Pay in lieu of working through notice period

Deemed termination because of absence without permission

Schedule A: Departments, Offices and Public Service Entities

Schedule B: Municipal Correctional Facilities

Interpretation

Citation

1     These regulations may be cited as the General Civil Service Regulations.

Definitions for these regulations

2     In these regulations, the following definitions apply:

 

“Act” means the Civil Service Act;

“administrative support employee” definition repealed: O.I.C. 2011-61, N.S. Reg. 29/2011.

 

“CFS agency” means an agency that was continued by or established andincorporated under the Children and Family Services Act and that has beendissolved;

 

“Agreement” means the Civil Service Master Agreement between the Province ofNova Scotia and the Nova Scotia Government and General Employees Union, asamended;

Definition added: O.I.C. 2014-23, N.S. Reg. 11/2014.

 

“anniversary date” means the date in each year on which the Commission may grantmerit pay to an employee;

 

“appoint” means appoint to the Civil Service;

 

“appointment date” means the date on which an employee first reports for work;

 

“benefit plan” means an employee benefit plan listed in Section 12;

 

“bi-weekly pay rate” means an employee’s straight time rate for a 2-week payperiod;

 

“classification” means the classification of a position in the Civil Service set by theCommission in accordance with Section 29 of the Act;

 

“Crown attorney” means an employee who is paid under the Crown Attorney PayPlan determined by the Commission in accordance with the Act;

 

“department” means a department, office or public service entity established by theGovernment of Nova Scotia, as identified in Schedule A;

 

“Deputy Head”, in relation to an employee, means the Deputy Head of thedepartment in which the employee works;

 

“double time” means 2 times an employee’s straight time rate;

 

“EI benefits” means employment insurance benefits payable under the EmploymentInsurance Act (Canada);

 

“employer” means Her Majesty in the right of the Province of Nova Scotia asrepresented by the Public Service Commission;

 

“excluded classification employee” means an employee who is paid under theExcluded Classification Pay Plan;

Definition added: O.I.C. 2011-61, N.S. Reg. 29/2011.

 

“fiscal year” means April 1 to March 31 of the next year, both dates inclusive;

 

“general illness leave” means leave described in Section 83 used for a time when anemployee is unable to perform their duties because of illness or injury for a shortertime period than the period set for short-term illness leave;

 

“holiday” means a day designated as a paid holiday under subsection 79(1);

 

“job rate” means 100% compa-ratio of a pay band under the Excluded ClassificationPay Plan;

Definition added: O.I.C. 2011-61, N.S. Reg. 29/2011.

 

“job-sharing arrangement” means an arrangement between consenting full-timeemployees to share the duties and responsibilities of a single position;

 

“leave”, when used as a noun, means a permitted absence from work;

 

“legal services employee” means an employee who is paid under the MCP–LegalServices Pay Plan;

Definition added: O.I.C. 2011-61, N.S. Reg. 29/2011.

 

“liability management employee” means an employee who is paid under theLiability Management and Treasury Services Classification and Pay Plan determinedby the Commission in accordance with the Act;

“management employee” definition repealed: O.I.C. 2011-61, N.S. Reg. 29/2011.

 

“medical employee” means an employee who is paid under the Medical ServicesClassification and Pay Plan determined by the Commission in accordance with theAct;

 

“merit pay” means an annual pay-rate increase granted to an employee formeritorious service either

 

                         (i)     under Section 51, for Crown attorneys and legal services employees, or

 

                         (ii)    under Section 58, for liability management employees, medicalemployees and excluded classification employees;

Definition added: O.I.C. 2011-61, N.S. Reg. 29/2011.

 

“municipal correctional facility” means a correctional facility in respect of which amunicipality employed persons, as described in Section 6 of the Corrections Act, andlisted in Schedule B;

 

“overtime” means time in excess of an employee’s regular hours of work duringwhich the employee performs authorized work;

 

“part-time employee” means an employee who is appointed on a part-time basis inaccordance with Section 6;

 

“pay band” means a pay level in which jobs of the same or similar value aregrouped;

Definition added: O.I.C. 2011-61, N.S. Reg. 29/2011.

“pay increment” definition repealed: O.I.C. 2011-61, N.S. Reg. 29/2011.

 

“pensionable service” means an employee’s service as computed under Section 13 ofthe Public Service Superannuation Act for determining an allowance under that Act;

 

“permanent employee” means an employee who is appointed on a permanent basisin accordance with Section 4;

 

“position” means an employment position in the Civil Service, unless theseregulations specify otherwise;

 

“probationary employee” means an employee who is in a probationary period inaccordance with Section 5;

 

“public prosecution management employee” means an employee who is paid underthe Public Prosecution Service Pay Plan determined by the Commission inaccordance with the Act;

 

“rest day” means a day on which an employee is not scheduled to work;

 

“SEB Plan” mean the Supplementary Employment Benefit Plan established tosupplement the income of an employee who is collecting EI benefits while onpregnancy leave, parental leave or adoption leave;

 

“service” means accumulated months of employment calculated in accordance withSection 18, unless the regulations specify otherwise;

 

“service-related benefit” means a benefit that is granted to an employee on the basisof the employee’s service;

 

“severance period”, in relation to an employee who is entitled to a severanceallowance under these regulations, means the period beginning on the date of theemployee’s resignation and equal to the number of weeks calculated for the purposesof their severance allowance;

Definition added: O.I.C. 2013-140, N.S. Reg. 193/2013.

 

“short-term illness leave” means leave described in Section 85 used for a time whenan employee is unable to perform their duties because of illness or injury for a periodthat is longer than the period set for general illness leave and shorter than the periodset for long-term disability;

 

“sick leave” means general illness leave and short-term illness leave, except whenused in the term “sick leave credits” in Section 85;

 

“spouse” means a person who is married to another person or a non-married personwho lives together with another person in a marriage-like relationship and has doneso for at least 1 year;

 

“straight time rate” means the regular rate of monetary compensation an employee isentitled to based on their classification;

 

“temporary assignment” means temporary assignment to another position underSection 8;

 

“temporary assignment with reclassification” means a temporary assignment forwhich the employee receives a reclassification under clause 8(2)(b);

“term employee” means an employee who is appointed on a term basis inaccordance with Section 3;

 

“time and one-half” means 1.5 times an employee’s straight time rate;

 

“weekly pay rate” means an employee’s straight time rate for a 1-week period of a 2-week pay period;

 

“Workers’ Compensation Board” means the Workers’ Compensation Board of NovaScotia continued under the Workers’ Compensation Act;

 

“work week” means the period during a calendar week that an employee is regularlyscheduled to work;

 

“working day” means a day that an employee is regularly scheduled to work.

Employee Appointments

Term appointment

3     (1)    The Commission may appoint a person on a term basis for up to a maximum of 5years.

 

       (2)    On the recommendation of the Deputy Head, the Commission may change a termemployee’s appointment to a permanent appointment.

Permanent appointment

4     (1)    On the recommendation of the Deputy Head, the Commission may appoint a personon a permanent basis.

 

       (2)    On the recommendation of the Deputy Head, and with the consent of the employee,the Commission may change a permanent employee’s appointment to a termappointment.

Probationary period

5     (1)    A permanent appointment made under Section 4 by the Commission may be subjectto a probationary period of up to a maximum of 12 months.

 

       (2)    Before an employee’s probationary period expires, the Commission may, on therecommendation of the Deputy Head, extend the employee’s probationary period forup to a maximum of 6 months.

Part-time appointment

6     (1)    The Commission may appoint a term employee or permanent employee as apart-time employee.

 

       (2)    A part-time employee must work at least 40% of the full-time hours applicable totheir position.

 

       (3)    The period of appointments under Sections 3, 4, and 6 for a part-time employee mustbe calculated in calendar months or years and not in hours worked.

Transfer between departments

7     (1)    The Commission may transfer an employee to a different department with theconsent of the Deputy Heads.

 

       (2)    On the recommendation of the Deputy Head, the Commission may change theappointment of a permanent employee transferred to the department to aprobationary appointment.

Temporary assignment

8     (1)    A deputy head may authorize a temporary assignment for an employee in any of thefollowing circumstances:

 

                (a)    the employee is performing the principal duties of an existing position due to avacancy or temporary absence and the position is classified in a classificationwith a higher maximum pay rate;

 

                (b)    the employee remains in their existing position and is assigned additionalduties, whether or not the duties are evaluated at a classification with a highermaximum pay rate;

 

                (c)    the employee is assigned new duties, whether or not the duties are evaluated ata classification with a higher maximum pay rate.

 

       (2)    A Deputy Head may authorize an employee who is temporarily assigned undersubsection (1) to receive any of the following during the temporary assignment:

 

                (a)    acting pay in accordance with Sections 28 to 33;

 

                (b)    temporary reclassification to the classification with the higher maximum payrate in accordance with the policies established by the Commission;

 

                (c)    their current salary.

 

       (3)    Except as provided in subsection (4), a temporary assignment with reclassificationmust not be for longer than 18 months.

 

       (4)    On the recommendation of the Deputy Head, the Commission may extend atemporary assignment with reclassification.

Reappointment of permanent employee

9     A permanent employee whose employment is terminated for any reason may bereappointed to their former position on a permanent basis, if they are reappointed to theirformer position no later than 1 year after the date their employment was terminated.

Commission may reclassify, promote, demote or transfer

10   (1)    On the recommendation of the Deputy Head, the Commission may do any of thefollowing to change an employee’s position:

 

                (a)    reclassify the employee’s position;

 

                (b)    promote the employee to a position in a different classification;

 

                (c)    demote the employee to a position in a different classification;

 

                (d)    reassign the employee to another position.

 

       (2)    The effective date of a change made under subsection (1) must be determined by theCommission in consultation with the Deputy Head.

Leave to participate in selection process

11   (1)    The Deputy Head must grant leave with pay to an employee who participates in aselection process to seek to obtain another position for the time that the employee isrequired to be present for the selection process, and for any additional time neededfor travel that the Deputy Head considers reasonable.

 

       (2)    An employee who is granted leave under this Section must not be reimbursed fortravel expenses related to the leave.

Benefit Plans

Mandatory participation in benefit plans

12   Except as provided in Sections 13 and 14 and any applicable legislation, an employee mustparticipate in all of the following benefit plans as a condition of employment:

                (a)    the Consolidated Health and Dental Plan;

 

                (b)    the Basic Group Life Insurance Plan;

 

                (c)    the Nova Scotia Public Service Long Term Disability Plan;

 

                (d)    the Public Service Superannuation Plan.

Part-time employee’s participation in benefit plans

13   (1)    A part-time employee’s entitlement to benefits under the Basic Group Life InsurancePlan is prorated on the basis of hours worked.

 

       (2)    A part-time employee’s pensionable service and pensionable earnings are determinedin accordance with the Public Service Superannuation Plan Regulations made underthe Public Service Superannuation Act.

Subsection 13(2) amended: O.I.C. 2014-23, N.S. Reg. 11/2014.

Employee may opt out of Consolidated Health and Dental Plan

14   An employee who is required to participate in the Consolidated Health and Dental Planmay opt out of participation in the Plan if they provide proof of alternate coverageacceptable to the Commission.

Deduction of employee contributions and premiums

15   (1)    An employee’s portion of contributions and premiums under a benefit plan must bededucted from the employee’s salary.

 

       (2)    Contributions and premiums payable by an employee during a temporary assignmentmust be calculated based on the salary the employee is receiving during thetemporary assignment.

Sections 16A to 16D apply except as otherwise provided

16   Sections 16A to 16D apply to an employee who is on special leave without pay, except asotherwise provided in a particular benefit plan or a specific provision of these regulationsor the Public Service Superannuation Plan Regulations.

Section 16 replaced: O.I.C. 2014-23, N.S. Reg. 11/2014.

Health, dental and life insurance plan premiums must be prepaid

16A(1)    Before an employee’s leave begins, an employee must pay the employee’s portion ofthe Consolidated Health and Dental Plan, Basic Group Life Insurance Plan andOptional Group Life Insurance Plan premiums for the entire period of theemployee’s special leave.

 

       (2)    If an employee does not pay premiums under subsection (1) for the entire period oftheir special leave, the benefits for which premiums have not been paid aresuspended for the period of the employee’s special leave.

Section 16A added: O.I.C. 2014-23, N.S. Reg. 11/2014.

Disability premiums must be prepaid

16B (1)    Except as provided in subsection (2), before an employee’s special leave begins, theemployee must pay the employee’s portion of the Nova Scotia’s Long TermDisability Plan premiums for the entire period of their leave.

 

       (2)    An employee is not required to make payments under subsection (1) if the employeeis employed by another employer who requires participation in the Nova Scotia’sLong Term Disability Plan or another long-term disability plan.

 

       (3)    An employee who is participating in a long-term disability plan under subsection (2)must provide the employer with confirmation of the coverage.

Section 16B added: O.I.C. 2014-23, N.S. Reg. 11/2014.

Payment of premiums under Sections 16A and 16B

16C(1)    Except as otherwise provided in these regulations, a payment under Section 16A or16B must be made by 1 of the following methods:

 

                (a)    post-dated cheques;

 

                (b)    money order;

 

                (c)    deductions from the employee’s salary.

 

(2)   The employer must notify an employee by certified mail if payments received from theemployee under clause (1)(a) or (b) are not received or are insufficient.

 

(3)   No later than 14 days after the date a certified letter is sent under subsection (2), theemployee must pay the amount owing, including any arrears, by 1 of the followingmethods:

 

                (a)    money order;

 

                (b)    certified cheque.

 

(4)   If an employee does not make the payment required under subsection (3), the employermust discontinue the employee’s benefits retroactive to the last date for which theemployee paid the premiums.

Section 16C added: O.I.C. 2014-23, N.S. Reg. 11/2014.

Participation in pension plan during special leave without pay

16DPensionable service and pensionable earnings for an employee on special leave withoutpay are determined in accordance with the Public Service Superannuation PlanRegulations made under the Public Service Superannuation Act.

Section 16D added: O.I.C. 2014-23, N.S. Reg. 11/2014.

Employees must notify of change in marital status

17   An employee must immediately notify the Deputy Head of any change in their maritalstatus.

Employee Service

Calculating employee’s service

18   Subject to Section 19, an employee’s service is calculated as the total of all of thefollowing:

 

                (a)    the employee’s total months of full-time employment in the Civil Service;

 

                (b)    the employee’s total months of full-time employment in a non-Civil Serviceposition in a department or a municipal correctional facility listed in ScheduleB, if the non-Civil Service employment is consecutive with their full-time CivilService employment;

 

                (c)    the employee’s total months of employment in a CFS agency, if

 

                         (i)     the employee was employed with the CFS agency at the time of itsdissolution, and

 

                         (ii)    the employee’s employment with the CFS agency is consecutive withtheir Civil Service employment;

 

                (d)    the employee’s total service in part-time employment, as calculated underSection 59;

 

                (e)    for the Health Administrative Systems Program management employee whotransferred to the Civil Service under the terms of the Employee TransferAgreement between the Province and the Health Administrative SystemsProgram signed October 4, 2013, the employee’s total years of service with theHealth Administrative Systems Program.

Clause 18(e) added: O.I.C. 2014-22, N.S. Reg. 10/2014.

Service credit if more than 10 days’ salary received in month

19   (1)    Except as otherwise provided in these regulations, and subject to subsection (2), 1month of service must be credited to a full-time employee who receives salary formore than 10 days during a calendar month.

 

       (2)    Subsection (1) applies only to service earned on or after January 1, 1990.

Pay and Hours of Work

Application of Sections 21 and 22

20   Sections 21 and 22 do not apply to Crown attorneys.

Pay rate on appointment

21   (1)    Except as provided in subsection (2), the pay rate for a person on appointment is theminimum pay rate prescribed for the classification they are appointed to.

 

       (2)    A person’s pay rate on appointment may be higher than the minimum pay rateprescribed for the classification they are appointed to if, in the Commission’sopinion,

                (a)    a higher rate is necessary to appoint a qualified person to the position; or

 

                (b)    the person to be appointed to the position has qualifications that exceed theminimum requirements for the position.

 

       (3)    An excluded classification employee’s pay rate on appointment must not exceed thejob rate prescribed for the position.

Subsection 21(3) added: O.I.C. 2011-61, N.S. Reg. 29/2011.

Pay rate on promotion

22   (1)    Except as provided in subsection (2), an employee’s pay rate on promotion to aposition classified in the Excluded Classification Pay Plan, MCP–Legal Services PayPlan, Liability Management and Treasury Services Classification and Pay Plan orMedical Services Classification and Pay Plan is the higher of the following:

 

                (a)    the next higher rate; and

 

                (b)    the minimum rate of the new classification.

 

       (2)    An employee’s pay rate on promotion may be higher than the pay rate prescribed insubsection (1) if, in the Commission’s opinion,

 

                (a)    a higher rate is necessary to promote a qualified person to the position; or

 

                (b)    the person to be promoted to the position has qualifications that exceed theminimum requirements for the position.

Section 22 replaced: O.I.C. 2011-61, N.S. Reg. 29/2011.

Salary adjustment determined in consultation with Deputy Head

23   The salary adjustment for a new pay rate resulting from a change in employment describedin Sections 24 to 27 must be determined by the Commission in consultation with theDeputy Head.

Pay rate on temporary assignment with reclassification

24   (1)    The salary of an employee who is temporarily assigned with reclassification underSection 8, must be adjusted by increasing their pay rate in accordance with Section22.

 

       (2)    When an employee returns to their original position after a temporary assignmentwith reclassification, their pay rate is re-established as the pay rate they werereceiving immediately before the temporary assignment, plus any applicable payadjustments they would be entitled to had they not been temporarily assigned.

Pay rate on reclassification to classification with higher maximum pay rate

25   The pay rate of an employee whose position is reclassified to a classification with a highermaximum pay rate than their previous classification must be adjusted by increasing theirpay rate in accordance with Section 22.

Section 25 amended: O.I.C. 2011-61, N.S. Reg. 29/2011.

Section 26 repealed: O.I.C. 2011-61, N.S. Reg. 29/2011.

Pay rate on demotion

27   (1)    Except as provided in subsection (2), an employee’s pay rate on demotion to aposition in a classification with a lower maximum pay rate is

 

                (a)    the maximum pay rate for the new classification; or

 

                (b)    if the maximum pay rate for the new classification is higher than the ratereceived by the employee immediately before the demotion, the highest payrate for the new classification that is lower than or equal to the rate received bythe employee immediately before the demotion.

 

       (2)    When an employee is demoted, the Commission may, for any time that it considersappropriate, maintain the employee at the classification and pay rate received by theemployee immediately before the demotion or may freeze the salary of the employeeat the pay rate received by the employee immediately before the demotion, in any ofthe following circumstances:

 

                (a)    the employee’s new classification has a maximum pay rate that is lower thanthe pay rate received by the employee at the time of the demotion;

 

                (b)    the employee’s new position is reclassified to a classification that has amaximum pay rate that is lower than the pay rate received by the employeeimmediately before the reclassification.

Acting pay

28   An employee who is temporarily assigned the principal duties of an existing position in aclassification with a higher maximum pay rate to fill a vacancy or a temporary absence inaccordance with clause 8(1)(a) is eligible for acting pay in accordance with Sections 30 to33.

When acting pay is not payable

29   (1)    Despite Section 28, acting pay is not payable to any of the following employees:

 

                (a)    an employee who performs the principal duties of a position in a classificationwith a higher maximum pay rate if the employee’s job description includesperiodic substitution in that position;

 

                (b)    an employee who performs the duties of a position that is in a classificationseries in which progression from one classification level to the next higherlevel in the series is subject to time in the position and satisfactoryperformance.

Acting pay for excluded classification employees, Crown attorneys, legal servicesemployees and public prosecution management employees

30   (1)    An excluded classification employee classified in a pay band up to and including payband 6 who is temporarily assigned under clause 8(1)(a) to perform the principalduties of a position in a classification with a higher maximum pay rate for 3 or moreconsecutive working days is eligible to receive acting pay.

 

       (2)    Any of the following employees who is temporarily assigned to perform theprincipal duties of a position in a classification with a higher maximum pay rate for11 or more consecutive working days is eligible to receive acting pay:

 

                (a)    an excluded classification employee who is classified in a pay band that iswithin pay bands 7-17, inclusive;

 

                (b)    a Crown attorney;

 

                (c)    a legal services employee;

 

                (d)    a public prosecution management employee.

 

       (3)    Acting pay for an employee listed in subsections (1) or (2) must not be at a pay ratethat is

 

                (a)    greater than 10% higher than the employee’s existing pay rate; or

 

                (b)    higher than the maximum pay rate for the position to which they aretemporarily assigned.

Section 30 replaced: O.I.C. 2011-61, N.S. Reg. 29/2011.

Section 31 repealed: O.I.C. 2011-61, N.S. Reg. 29/2011.

Acting pay for liability management employees and medical employees

32   (1)    A liability management employee or medical employee who is temporarily assignedto perform the principal duties of a position in a classification with a highermaximum pay rate for 11 or more consecutive working days is eligible to receiveacting pay.

 

       (2)    Acting pay for a liability management employee or medical employee must be at apay rate that is in accordance with policies established by the Commission, but mustnot be higher than the maximum pay rate for the position they are temporarilyassigned to.

Acting pay for entire acting pay period

33   An employee who receives acting pay must receive the acting pay for the entire periodthey performed the acting duties.

No limitation on assignment of duties

34   Nothing in these regulations requires the Deputy Head to appoint an employee to an actingposition or limits the right of the Deputy Head to assign duties of an absent employee toremaining employees without additional compensation.

Benefits and contributions during acting pay period

35   Except as provided in paragraphs 2(j)(ii)(A) and (B) of the Public Service SuperannuationAct, an employee’s benefit plan contributions, premiums and benefits during an acting payperiod are based on the employee’s straight time rate.

Shift and weekend premiums

36   (1)    An employee must receive a shift premium per hour as established under theAgreement for all hours worked, including overtime hours worked, on completeshifts in which 50% or more of the hours are regularly scheduled between 6:00 p.m.and 6:00 a.m.

Subsection 36(1) amended: O.I.C. 2014-23, N.S. Reg. 11/2014.

 

       (2)    An employee must receive a weekend premium per hour as established under theagreement for all hours worked, including overtime hours worked, on completeshifts in which 50% or more of the hours are regularly scheduled between 12:01 a.m.on Saturday and 7:00 a.m. on Monday.

Subsection 36(2) amended: O.I.C. 2014-23, N.S. Reg. 11/2014.

Subsection 36(3) repealed: O.I.C. 2011-61, N.S. Reg. 29/2011.

Standby time

37   (1)    In this Section, the following definitions apply:

 

                (a)    “standby” means, in relation to an employee, not scheduled to work butrequired to be available to work if necessary;

 

                (b)    “standby pay” means pay for standby time;

 

                (c)    “standby time” means time when an employee is on standby.

 

       (2)    An employee who is required by the Deputy Head to be on standby must receive thefollowing standby pay for any standby time of 8 consecutive hours or less:

 

                (a)    $16.21, on a day that is not a holiday;

 

                (b)    $32.40, on a holiday.

 

       (3)    An employee designated to be on standby must be available during standby time at atelephone number or pager number known to their immediate supervisor, and mustbe able to report for work as quickly as possible if called.

 

       (4)    An employee must not be paid for standby time until the Deputy Head certifies thatthe standby time was necessary.

 

       (5)    An employee who does not report for work when called during standby time mustnot be paid for any portion of the standby time.

 

       (6)    Subject to subsection (7), in addition to pay for standby time, an employee onstandby who is called in to and reports to work must be paid for a minimum of 4hours at the higher of the following rates:

 

                (a)    the straight time rate for the employee’s position;

 

                (b)    the applicable overtime rate.

 

       (7)    The minimum of 4 hours’ pay in subsection (6) applies only once during each 8consecutive hours of standby time.

 

       (8)    An employee who is called in to work during standby time must be reimbursed fortransportation to and from the place of work at rates established in the KilometrageRates, Monthly Allowances and Transportation Allowances Regulations made underthe Act.

On call pay for Crown attorneys

38   (1)    Standby time provisions set out in Section 37 do not apply to Crown attorneys andpublic prosecution management employees.

 

       (2)    A Crown attorney who is required to be available to receive calls and provide advicemust be paid on-call pay in accordance with rates established by the Commission inaccordance with the Act.

Reimbursement for travel between midnight and 6 a.m.

39   An employee who is required to travel to or from work between midnight and 6 a.m. mustbe reimbursed for transportation between their home and the place of work at ratesestablished in the Kilometrage Rates, Monthly Car Allowances and TransportationAllowances Regulations made under the Act.

Hours of work

40   (1)    Subject to statutory requirements and these regulations, and except as provided insubsection (2), a full-time employee must work a minimum of 35 hours a week to amaximum of 40 hours a week, exclusive of meal breaks.

 

       (2)    On the Deputy Head’s recommendation, the Commission may require a full-timeemployee to work hours other than those prescribed in subsection (1) or may varythe employee’s hours of work if the Commission considers that the employee’sposition requires it.

Rest periods per day

41   An employee must be allowed 2 rest periods each day, and the total time of the 2 restperiods must not be longer than 30 minutes.

Leave with pay for employee with longer work week

42   (1)    Except as provided in subsection (3), an employee whose regularly scheduled workweek is longer than 35 hours is entitled to the following leave with pay in each year,in addition to their regular vacation leave:

 

                (a)    for an employee whose work week is 37.5 hours per week, 3 additional days ofleave with pay;

 

                (b)    for an employee whose work week is 40 hours per week, 5 additional days ofleave with pay.

 

       (2)    Additional leave with pay under subsection (1) must be granted in accordance withthe vacation leave provisions in Sections 75 to 78.

 

       (3)    This Section does not apply to an employee whose hours of work are longer than 35hours a week as a result of working a modified work week schedule, as defined inclause 43(1)(b).

Flexible and Modified Working Hours

Flexible working hours schedule or modified work week

43   (1)    In this Section, the following definitions apply:

 

                (a)    “flexible working hours schedule” means a work schedule in which anemployee works at least 35 hours per week, but the number of hours anemployee works each day varies;

 

                (b)    “modified work week schedule” means a schedule of consecutive workperiods, each consisting of an averaging period, in which an employee worksmore than 35 hours per week, and a subsequent week in which the employee isgranted a day of leave.

 

       (2)    The Deputy may authorize a flexible working hours schedule or a modified workweek schedule for a work unit if the Deputy Head is satisfied of all of the following:

 

                (a)    that a sufficient number of employees in the work unit wish to adopt theflexible working hours schedule or modified work week schedule;

 

                (b)    that operational requirements permit the flexible working hours schedule ormodified work week schedule.

 

       (3)    In a modified work week schedule, the averaging period must not be longer than 3calendar weeks, and the working day must not be longer than 10 hours.

 

       (4)    The Deputy Head may cancel a flexible working hours schedule or a modified workweek schedule if the schedule is operationally impractical for any reason, includingany of the following:

 

                (a)    the public is not given satisfactory service under the schedule;

 

                (b)    the schedule results in increased costs to the department.

 

       (5)    The Deputy Head must notify all affected employees of a cancellation of a flexibleworking hours schedule or a modified work week schedule at least 60 calendar daysbefore the effective date of the cancellation.

 

       (6)    Except as otherwise provided in these regulations, time periods used to calculate anyof the following for an employee working under a modified work week schedulemust be converted to hours on the basis of 1 day’s benefit being equivalent to 1/10 ofthe regular bi-weekly hours for the employee’s classification:

 

                (a)    service;

 

                (b)    vacation leave;

 

                (c)    vacation leave carry-over;

 

                (d)    holidays;

 

                (e)    bereavement leave;

 

                (f)    family illness leave;

 

                (g)    leave for a medical or dental appointment;

 

                (h)    sick leave;

 

                (i)     rest periods.

Overtime

Employee eligibility for overtime compensation

44   (1)    Except as provided in subsections (2) and (3), the following employees are noteligible for compensation for overtime work:

 

                (a)    Crown attorneys;

 

                (b)    liability management employees;

 

                (c)    excluded classification employees classified in pay bands 7-17, inclusive;

Clause 44(1)(c) replaced: O.I.C. 2011-61, N.S. Reg. 29/2011.

 

                (d)    medical employees;

 

                (e)    public prosecution management employees;

 

                (f)    legal services employees.

Clause 44(1)(f) added: O.I.C. 2011-61, N.S. Reg. 29/2011.

 

       (2)    If the Deputy Head requires an employee who is not otherwise entitled tocompensation for overtime work to work beyond their regular working hours to meetoperational requirements, the Deputy Head may, as operational requirements permit,grant the employee time off.

 

       (3)    The Commission may, on the Deputy Head’s request, approve overtime pay forpositions not otherwise eligible, and the overtime pay must be calculated in a mannerapproved by the Commission.

Conditions for overtime work compensation

45   (1)    An employee who is eligible for compensation for overtime work under Section 44must be compensated for overtime work if the Deputy Head certifies, on a formprescribed by the Commission, that the overtime work meets 1 of the followingcriteria:

 

                (a)    it was necessary and unforeseen;

                (b)    it was foreseen, but beyond the control of the department and unable to beconveniently or effectively performed during regular work hours by othermeasures, including the employment of additional staff.

 

       (2)    An employee must work at least 20 minutes beyond their regular scheduled workhours to be eligible for overtime compensation.

Types of compensation for overtime work

46   (1)    An employee’s compensation for overtime work must be in the form of 1 of thefollowing:

 

                (a)    overtime pay;

 

                (b)    at the employee’s request and with the approval of the Deputy Head, time offwith pay in lieu of overtime hours.

 

       (2)    If time off with pay in lieu of overtime hours is not granted to and taken by anemployee before the end of the 2nd calendar month immediately following themonth in which the overtime was worked, the employee must be compensated forthe overtime work by overtime pay.

 

       (3)    If operational requirements permit, the Deputy Head may authorize an extension ofthe time limit in subsection (2).

Calculation of overtime compensation

47   (1)    In this Section, an employee’s 2nd or subsequent rest day is the 2nd or a subsequentday in the employee’s scheduled consecutive rest days.

 

       (2)    Overtime work must be compensated for at the following rates:

 

                (a)    time and one-half, for each hour of overtime an employee works, other thanhours worked on their 2nd or subsequent rest day.

 

                (b)    double time, for each hour of overtime an employee works on their 2nd orsubsequent rest day, or on a holiday in accordance with subsection 82(1).

 

       (3)    In calculating overtime compensation, 30 minutes or less is counted as 1/2 an hour,and more than 30 minutes but less than 60 minutes is counted as 1 hour.

Employee entitled to meal breaks during overtime

48   (1)    If an employee is required to work 3 or more consecutive overtime hoursimmediately following their scheduled hours of work and it is not practical for theemployee to take their usual mealtime before beginning overtime work, theemployee must be granted reasonable time with pay, as determined by the DeputyHead, to take a meal break at or adjacent to their place of work at the followingtimes:

 

                (a)    after 7 hours of overtime worked;

 

                (b)    after every 6 hours of overtime worked, after the first 7 hours in clause (a).

 

       (2)    An employee who is called back to work to work overtime under subsection 37(6)must be granted a meal break at the following times:

 

                (a)    after the first 4 hours of overtime worked;

 

                (b)    after every 6 hours of overtime worked, after the first 4 hours in clause (a).

 

       (3)    Except when a free meal is provided by the employer, an employee must bereimbursed up to $10.00 for the cost of a meal taken during a meal break describedin subsection (1) or (2).

Overtime work allocation and records

49   (1)    Subject to operational requirements, the Deputy Head must make every reasonableeffort to do all of the following:

 

                (a)    allocate overtime work on a fair and equitable basis among readily availableand qualified employees;

 

                (b)    give employees who are required to work overtime adequate advance notice ofthe overtime required.

 

       (2)    Each department must keep the following records for each employee in thedepartment who works overtime:

 

                (a)    the name of the employee;

 

                (b)    all the dates overtime was worked;

 

                (c)    the amount of overtime worked;

 

                (d)    whether compensation was provided in the form of overtime pay or time off inlieu of overtime pay, and the amount of compensation provided.

Merit pay for Crown Attorneys and Legal Services Employees

Heading replaced: O.I.C. 2011-61, N.S. Reg. 29/2011.

Sections 50 to 56 apply only to certain employees

50   Sections 50 to 56 apply only to the following employees:

 

                (a)    Crown attorneys;

 

                (b)    legal services employees.

Section 50 replaced: O.I.C. 2011-61, N.S. Reg. 29/2011.

Commission may grant merit pay

51   (1)    On the recommendation of the Deputy Head, the Commission may grant annualmerit pay for meritorious service to an employee.

 

       (2)    Merit pay under this Section must be determined in accordance with policiesestablished by the Commission.

       (3)    Despite any other provision of these regulations, merit pay is not payable to anemployee under this Section if the merit pay would result in the employee’s pay ratebeing higher than the maximum pay rate available in their position’s currentclassification.

Merit pay dates

52   (1)    An employee is eligible for their 1st merit pay after 12 months of service from theirappointment date.

 

       (2)    An employee whose anniversary date changes in accordance with Section 55 is noteligible for their next merit pay until after 12 months of service from the date of thechange.

 

       (3)    The pay rate that results from merit pay granted to an employee is effective on theemployee’s anniversary date.

Merit pay may be withheld

53   (1)    Merit pay may be withheld from an employee because of unsatisfactory workperformance.

 

       (2)    The Deputy Head must give an employee whose merit pay is withheld the reason forwithholding it in writing.

 

       (3)    Merit pay that has been withheld may be granted on the 1st day of any month afterthe anniversary date on which it was withheld.

Determining anniversary date for merit pay

54   (1)    Except as provided in Section 55, an employee’s anniversary date is the anniversaryof the following applicable day:

 

                (a)    if the employee’s appointment date is during the first 5 days of a calendarmonth, the 1st day of that month;

 

                (b)    if the employee’s appointment date is later than the 5th day of a calendarmonth, the 1st day of the next month;

 

       (2)    The appointment date in subsection (1) for an employee who was employed in thepublic service on a full-time basis other than as a civil servant in the same or asimilar position with the same department before their appointment, if there is nobreak between the public service employment and the Civil Service appointment, isthe date the employee began employment in the public service.

When anniversary date changes

55   (1)    On a reclassification of an employee’s position, the employee’s anniversary datechanges to the following applicable date:

 

                (a)    if the reclassification takes effect during the first 5 days of a calendar month,the 1st day of that month;

 

                (b)    if the reclassification takes effect later than the 5th day of a calendar month, the1st day of the next month.

 

       (2)    On the date of an employee’s promotion or demotion to a position in a differentclassification, the employee’s anniversary date changes to the 1st day of the month inwhich the promotion or demotion takes effect.

 

       (3)    On an employee’s temporary assignment with reclassification for 1 year or more to aposition in a classification with a higher maximum pay rate than the employee’spresent classification, the employee’s anniversary date changes to the 1st day of themonth in which the temporary assignment with reclassification takes effect.

 

       (4)    On an employee’s return to their original position after a temporary assignment withreclassification, the employee’s anniversary date is re-established as the anniversarydate that was in effect immediately before the temporary assignment withreclassification.

 

       (5)    Except as otherwise provided in these regulations, on an employee’s return from aleave without pay, the employee’s anniversary date is moved later by an amount oftime equal to the amount of time spent on the leave without pay, and if the resultinganniversary date does not fall on the 1st day of a month, it changes to the 1st day ofthe following month.

When anniversary date remains unchanged

56   An employee’s anniversary date remains unchanged in any of the followingcircumstances:

 

                (a)    the employee’s pay rate changes as a result of a negotiated increase or aperiodic pay review;

 

                (b)    the employee is temporarily assigned with reclassification for less than 1 yearto a position in a classification with a higher maximum pay rate than theemployee’s present classification;

 

                (c)    the employee is working under a job-sharing arrangement.

Merit pay for Liability Management Employees, Medical Employees and ExcludedClassification Employees

Heading replaced: O.I.C. 2011-61, N.S. Reg. 29/2011.

Section 58 applies only to certain employees

57   Section 58 applies only to the following employees:

 

                (a)    liability management employees;

 

                (b)    medical employees;

 

                (c)    excluded classification employees.

Clause 57(c) replaced: O.I.C. 2011-61, N.S. Reg. 29/2011.

Commission may grant merit pay

58   (1)    On the recommendation of the Deputy Head, the Commission may, on April 1 ofeach year, grant merit pay for meritorious service to an employee.

 

       (2)    Subject to subsection (3), merit pay under this Section must be determined inaccordance with policies established by the Commission.

 

       (3)    Despite any other provision of these regulations, merit pay is not payable to anemployee if the merit pay would result in the employee’s pay rate being higher thanthe maximum rate available in their position’s current classification.

Section 58 heading replaced: O.I.C. 2011-61, N.S. Reg. 29/2011.

Part-time Employees

Calculating service for part-time employees

59   (1)    A part-time employee’s service is prorated in accordance with the percentage ofhours required for full-time employment in the position that the employee worked inthe position part-time.

 

       (2)    A person’s total accumulated months of unbroken part-time service in a non-CivilService position in a department is deemed to be part-time service under theseregulations if the person became eligible for appointment to the Civil Service on orafter January 1, 1988, after having been employed in the non-Civil Service part-timeposition.

Part-time employees’ benefit entitlement calculation

60   For the purpose of determining entitlement to vacation leave and a public service award, apart-time employee’s period of employment is calculated in calendar months.

Part-time employees’ general illness and short-term illness leave prorated

61   A part-time employee’s general illness leave entitlement under Section 83 and short-termillness entitlement under Section 85 is prorated in accordance with the percentage of hoursrequired for full-time employment in the position that the employee worked in the positionpart-time.

Overtime pay for part-time employees

62   (1)    A part-time employee who does not work shift work and who is eligible to becompensated for overtime under Section 44, must receive overtime compensation forhours of work in excess of the following:

 

                (a)    the number of full-time weekly hours for their position, if salary for theirposition is paid weekly;

 

                (b)    the number of full-time bi-weekly hours for their position, if salary for theirposition is paid bi-weekly.

 

       (2)    A part-time employee who is scheduled for a shift of 7 or more hours must receiveovertime compensation for each hour the employee works in excess of the number ofhours in the scheduled shift.

 

       (3)    A part-time employee who works shift work and who is scheduled to work for lessthan a full shift must receive overtime compensation for each hour the employeeworks in excess of the number of hours in the full shift.

 

       (4)    A part-time employee who is scheduled to work for fewer days in a week than thenumber of days that would be required of a full-time employee in the same or anequivalent position in the same work unit must be compensated for the hours workedat the following rates:

 

                (a)    the straight time rate, for days of work up to the number of days that would berequired of the full-time employee;

 

                (b)    overtime compensation, for days of work in excess of the number of days thatwould be required of the full-time employee.

Job-sharing Arrangements

Commission may authorize job-sharing arrangement

63   (1)    The Commission may authorize a job-sharing arrangement.

 

       (2)    A job-sharing arrangement may be authorized only if all of the following conditionsare met:

 

                (a)    operational requirements permit the arrangement;

 

                (b)    the arrangement is not likely to adversely affect services provided by the workunit.

Requirements for job-sharing arrangement

64   (1)    The position to be shared in a job-sharing arrangement must be a full-time position.

 

       (2)    No more than 2 employees may share a single position under a job-sharingarrangement.

 

       (3)    Both of the employees requesting a job-sharing arrangement must already bepermanent full-time employees, and 1 of them must be in the position to be shared.

 

       (4)    Except as provided in subsection (5), both of the employees requesting a job-sharingarrangement must share the same position classification and title, and be suitablyqualified and capable of carrying out the full-time duties and responsibilities of theposition to be shared.

 

       (5)    The Commission may consider job-sharing arrangements between employees withdifferent position classifications or titles on a case-by-case basis.

Request for job-sharing arrangement

65   (1)    An employee who wishes to job-share their position is responsible for finding anemployee who meets the requirements in Section 64 who is willing to enter into ajob-sharing arrangement.

 

       (2)    Employees requesting approval of a job-sharing arrangement must submit anapplication to the immediate supervisor of the position to be job-shared, in a formprescribed by the Commission.

Job-sharing period

66   (1)    Except as provided in subsection (6), a job-sharing arrangement must be for an initialperiod of at least 1 year and not longer than 2 years.

 

       (2)    Except as provided in subsection (6), employees who wish to extend theirjob-sharing arrangement for a further period must notify the Commission of theirintent at least 60 calendar days before the date the arrangement ends.

 

       (3)    There is no limit on the number of times a job-sharing arrangement may beextended.

 

       (4)    An extension of a job-sharing arrangement must be acceptable to both of theemployees in the position and to their supervisor.

 

       (5)    On the expiry of a job-sharing arrangement, the employees sharing the positionresume the positions they held before beginning the job-sharing arrangement.

 

       (6)    Proposed job-sharing arrangements that do not comply with the time limits insubsection (1) and (2) may be considered by the Commission on a case-by-casebasis.

Hours of work and service credit under job-sharing arrangement

67   (1)    An employee in a job-sharing arrangement must work half of the hours scheduledfor the position averaged over a maximum of 2 complete bi-weekly pay periods or, ifthe Commission approves, averaged over a longer period.

 

       (2)    An employee in a job-sharing arrangement must be credited with half of a month’sservice for each calendar month of the job-sharing period.

 

       (3)    An employee in a job-sharing arrangement’s anniversary date for the purposes ofmerit pay and service date for the purpose of vacation entitlement is the same as ifthe employee were working on a full-time basis.

 

       (4)    The rate of compensation for overtime worked by an employee in a job-sharingarrangement is calculated the same as for part-time employees under Section 62.

Leave prorated under job-sharing arrangement

68   Leave for an employee in a job-sharing arrangement is prorated as follows:

 

                (a)    holidays are provided at half the entitlement provided for in Section 79;

 

                (b)    general illness leave is provided at half of the entitlement provided for underSection 83, to a maximum of the equivalent of 9 days at the full-time hours forthe position;

 

                (c)    short-term illness leave is provided at half of the entitlement provided forunder Section 85, to a maximum of the equivalent of 50 days at the full-timehours for the position;

 

                (d)    paid leaves other than those described in clauses (a) to (c) are provided at halfof the entitlement provided for in these regulations.

Monthly allowances under job-sharing arrangement

68AAn employee in a job-sharing arrangement in a position for which a monthly allowance ispayable under the Kilometrage Rates, Monthly Allowances and Transportation AllowancesRegulations made under the Act is entitled to half of the monthly allowance that applies totheir position.

Section 68A added: O.I.C. 2012-128, N.S. Reg. 95/2012.

Participating in benefit plans under job-sharing arrangement

69   (1)    During a job-sharing period, employer and employee contributions to the NovaScotia Public Service Long Term Disability Plan are based on the regular salary thatwas in effect for the employee before the job-sharing arrangement began, andcoverage under the plan is based on the regular salary the employee receives duringthe job-sharing period.

 

       (2)    During a job-sharing period, employer and employee contributions to the BasicGroup Life Insurance Plan and coverage under the plan are based on half of theregular full-time salary for the position.

Application of Public Service Superannuation Act under job-sharing arrangement

70   (1)    An employee in a job-sharing arrangement continues to be covered by the PublicService Superannuation Act.

 

       (2)    During a job-sharing period, an employee’s pensionable service is earned inaccordance with service accumulated under subsection 67(2), and their pensionableearnings are based on the gross salary received for the period.

Terminating job-sharing arrangement

71   (1)    If an employee leaves a job-shared position, the job-sharing arrangement terminatesand, except as provided in subsection (2), the remaining employee in the job-sharedposition resumes the position they held before the job-sharing arrangement began.

 

       (2)    The Commission may approve an arrangement that is acceptable to both theremaining employee and the Commission as an alternative to that set out insubsection (1).

 

       (3)    An employee in a job-sharing arrangement or the Commission may terminate thearrangement by notifying the other parties in writing at least 60 calendar days beforethe date they intend to terminate the arrangement.

Vacation Leave

Annual vacation leave entitlement

72   (1)    Except as provided in subsections (2), (2A), (2B), (3) and (4), an employee isentitled to receive vacation leave with pay at the following applicable rates:

Subsection 72(1) amended: O.I.C. 2011-406, N.S. Reg. 310/2011.

 

                (a)    during the first 60 months of service, at the rate of 1 1/4 days for each monthof service;

Clause 72(1)(a) amended: O.I.C. 2011-61, N.S. Reg. 29/2011.

 

                (b)    after 60 months of service, at the rate of 1 2/3 days for each month of service;

Clause 72(1)(b) amended: O.I.C. 2011-61, N.S. Reg. 29/2011.

 

                (c)    after 180 months of service, at the rate of 2 1/12 days for each month ofservice; and

Clause 72(1)(c) amended: O.I.C. 2011-61, N.S. Reg. 29/2011.

 

                (d)    after 288 months of service, at the rate of 2 l/2 days for each month of service.

 

       (2)    A medical employee is entitled to receive vacation leave with pay

 

                (a)    during the first 192 months of service, at the rate of 1 2/3 days for each monthof service;

 

                (b)    after 192 months of service, at the rate of 2 1/12 days for each month ofservice; and

 

                (c)    after 288 months of service, at the rate of 2 1/2 days for each month of service.

 

       (2A) An employee is entitled to receive vacation leave with pay at the rate of 1 2/3 daysfor each month of service during their first 180 months of service if all of thefollowing apply:

 

                (a)    the employee is appointed on or after January 1, 2012;

 

                (b)    the employee has at least 5 and up to 15 years of full-time service accumulatedthrough non-civil-service employment before their appointment;

 

                (c)    the employee was entitled to at least 20 days of annual vacation leave with paywith their place of employment immediately before their appointment;

 

                (d)    the employment referred to in clause (c) ended within the 180 daysimmediately before the employee’s appointment date.

Subsection 72(2A) added: O.I.C. 2011-406, N.S. Reg. 310/2011.

 

       (2B) An employee is entitled to receive vacation leave with pay at the rate of 2 1/12 daysfor each month of service during their first 288 months of service if all of thefollowing apply:

 

                (a)    the employee is appointed on or after January 1, 2012;

 

                (b)    the employee has more than 15 years of full-time service accumulated throughnon-civil-service employment before their appointment;

 

                (c)    the employee was entitled to at least 25 days of annual vacation leave with paywith their place of employment immediately before their appointment;

 

                (d)    the employment referred to in clause (c) ended within the 180 daysimmediately before the employee’s appointment date.

Subsection 72(2B) added: O.I.C. 2011-406, N.S. Reg. 310/2011.

 

       (2C) Before granting an employee vacation leave under subsection (2A) or (2B), theemployer must obtain proof of the employee’s annual vacation entitlement in theirprevious place of employment.

Subsection 72(2C) added: O.I.C. 2011-406, N.S. Reg. 310/2011.

 

       (3)    Subject to subsection (4), an employee who transferred to the Civil Service from aCFS agency is entitled to vacation leave with pay in the amount the employee wasentitled to immediately before their transfer to the Civil Service, if all of thefollowing apply:

 

                (a)    the employee is entitled to more vacation leave under this subsection thanunder subsection (1);

 

                (b)    the employee was employed with the CFS agency when it was dissolved;

 

                (c)    the employee’s non-Civil Service employment is consecutive with their CivilService employment.

 

       (4)    An employee’s vacation leave entitlement under subsection (2A), (2B) or (3) mustnot be increased until their vacation leave entitlement under that subsection is thesame as the leave they would be entitled to under subsection (1).

Subsection 72(4) amended: O.I.C. 2011-406, N.S. Reg. 310/2011.

 

       (5)    Prior years of service with the Government of Canada that have been confirmed bythe Government of Canada must be included in the calculation of years of serviceunder subsection (1) for an employee who transferred to the Civil Service under theterms of the Employee Transfer Agreement signed November 25, 2008, under theCanada-Nova Scotia Labour Market Agreement signed on June 13, 2008.

 

       (6)    Except as provided in Sections 74 and 75, vacation leave entitlement must be usedduring the fiscal year in which it is earned.

Vacation leave approval

73   (1)    As soon as possible in each fiscal year and before March 31 or such later date as isacceptable to the Deputy Head, an employee must notify the Deputy Head in writingof when they would prefer to take their vacation leave for the following fiscal year.

 

       (2)    All requests for vacation leave must be approved by the Deputy Head.

 

       (3)    If operational requirements permit, the Deputy Head must make every reasonableeffort to ensure that an employee’s preferred vacation leave as stated in their writtennotice is granted, including any request to take their vacation leave in a singleunbroken period of leave.

 

       (4)    If the Deputy Head is unable to accommodate an employee’s preferred vacationleave, the Deputy Head must do all of the following:

 

                (a)    give reasons for why the leave was not approved;

 

                (b)    make every reasonable effort to grant any alternate vacation leave the employeerequests.

 

       (5)    If the Deputy Head has to restrict the number of employees on vacation leave at anyone time because of operational requirements in a work unit, priority must be givento employees in the work unit with the greatest length of service.

Carry-over of vacation leave entitlement

74   (1)    With the Deputy Head’s consent, an employee may carry over all of the followingvacation leave entitlement as specified:

 

                (a)    up to a maximum of 5 days of vacation leave entitlement, which must be takenin the next fiscal year or the entitlement lapses;

 

                (b)    up to a maximum of 5 days of vacation leave entitlement each year, to amaximum accumulation of 20 days

 

       (2)    A request for carry-over of vacation leave entitlement must be made in writing bythe employee to the Deputy Head no later than 1 of the following dates:

 

                (a)    January 31 of the fiscal year in which the vacation is earned;

 

                (b)    a later date, if acceptable to the Deputy Head.

 

       (3)    Despite the maximums stated in subsection (1), an employee who is unable to takethe vacation leave they are entitled to during a fiscal year because of illness or injuryor pregnancy, parental or adoption leave may carry over their unused vacation leaveentitlement to the subsequent fiscal year.

Subsection 74(3) amended: O.I.C. 2011-61, N.S. Reg. 29/2011.

 

       (4)    An employee who transferred to the Civil Service under the terms of the EmployeeTransfer Agreement signed November 25, 2008 under the Canada-Nova ScotiaLabour Market Agreement signed on June 13, 2008, may carry over any earned butunused portion of their 2009-2010 vacation leave entitlement to a maximum of 3month’s entitlement, but the carried over vacation leave entitlement must be usedbefore any vacation leave entitlement earned after their transfer.

Vacation leave entitlement from subsequent year for use in current year

75   The Deputy Head may grant an employee who has 5 years service or longer a maximum of5 days of vacation leave entitlement from vacation leave entitlement to be earned in thenext fiscal year for use in the current fiscal year.

Recall from vacation leave

76   (1)    The Deputy Head must make every reasonable effort not to recall an employee towork while the employee is on vacation leave.

 

       (2)    An employee who is recalled to work while they are on vacation leave must bereimbursed for reasonable expenses incurred

 

                (a)    in travelling to their place of work; and

 

                (b)    in returning to the place they were recalled from, if the employee immediatelyresumes their vacation leave upon completing the assignment for which theywere recalled.

 

       (3)    Vacation leave displaced when an employee is recalled to work under this Section,including transportation time, must be

 

                (a)    added to the vacation leave the employee is currently taking, if requested by theemployee and approved by the Deputy Head; or

 

                (b)    reinstated for use at a later date.

Illness during vacation leave

77   An employee who becomes ill during a vacation leave and who meets the conditions forshort-term illness leave under these regulations must be granted short-term illness leaveand their vacation entitlement restored to the extent of the sick leave.

Vacation leave entitlement compensation upon leaving Civil Service

78   (1)    On leaving the Civil Service, an employee must be compensated for any vacationleave entitlement the employee still has.

 

       (2)    Except as provided in subsection (3), on leaving the Civil Service, an employee mustcompensate the Province for any vacation leave that was taken that the employee hadnot earned.

 

       (3)    An employee who dies who was granted more vacation leave than they earned isdeemed to have earned the amount of vacation leave granted to them.

Holidays

Designated holidays

79   (1)    The following days are designated as paid holidays for employees:

 

                (a)    New Year’s Day;

 

                (b)    Good Friday;

 

                (c)    Easter Monday;

 

                (d)    Victoria Day;

 

                (e)    Canada Day;

 

                (f)    Labour Day;

 

                (g)    Thanksgiving Day;

 

                (h)    Remembrance Day;

 

                (i)     Christmas Day;

 

                (j)     Boxing Day;

 

                (k)    half of a day for the day of Christmas Eve;

 

                (l)     1 additional day in each year that is

 

                         (i)     a date recognized to be a civic holiday, if the Commission considers thatthere is a date recognized as a civic holiday in the area in which theemployee is employed, or

 

                         (ii)    the first Monday in August, if the Commission considers that there is nodate recognized as a civic holiday in the area in which the employee isemployed;

 

                (m)   a day proclaimed as a general holiday by the Government of Nova Scotia;

 

                (n)    any day or part of a day declared by the Commission to be a holiday foremployees in the whole or any part of the Province.

 

       (2)    Except as provided in subsection (3), the period covered by a holiday is the 24-hourperiod beginning at 12:01 a.m. of the holiday.

 

       (3)    The period covered by a holiday for an employee who works shift work is the24-hour period beginning at the time their shift begins if both of the followingconditions apply:

 

                (a)    the employee’s shift does not begin and end in the same day;

 

                (b)    more than half of the shift falls on a holiday.

When holiday falls on rest day, or during leave or absence

80   (1)    If a holiday coincides with an employee’s rest day, the Deputy Head must grant theemployee a day of leave with pay or in the case of Christmas Eve a half-day leavewith pay for the holiday on 1 of the following dates:

 

                (a)    the employee’s 1st working day immediately following the rest day;

                (b)    a day that is acceptable to the Deputy Head and the employee.

 

       (2)    If a holiday occurs during an employee’s leave with pay, the holiday does not countas a day of leave with pay.

 

       (3)    An employee who does not work on a holiday does not receive pay for the holiday ifthey are absent without pay on the working day immediately before the holiday andon the working day immediately after the holiday.

Types of compensation for work on holiday

81   (1)    An employee who is regularly scheduled to work and whose regularly scheduled dayof work falls on a holiday must be compensated at 2.5 times the employee’s straighttime rate for the hours worked on the holiday to be granted as follows:

 

                (a)    pay at 1.5 times the employee’s straight time rate for the hours worked on theholiday, which includes pay for the holiday; and

 

                (b)    time off in lieu of the holiday to be taken before the end of the calendar monthimmediately following the month in which the holiday falls, at a time that isacceptable to both the Deputy Head and the employee.

 

       (2)    If time off in lieu of pay is not granted in accordance with clause (1)(b), theemployee must be paid their straight time rate for the holiday.

Compensation for overtime work on a holiday

82   (1)    An employee who is required to work overtime on a holiday must be compensatedfor the overtime worked on the holiday at a rate of 3 times the employee’s straighttime rate for the hours worked on the holiday, to be granted as follows:

 

                (a)    double time for the hours worked on the holiday; and

 

                (b)    pay for the holiday.

 

       (2)    An employee may request time off in lieu of the pay under clause (1)(a), which mustbe taken before the end of the calendar month immediately following the month inwhich the holiday falls, at a time that is acceptable to both the Deputy Head and theemployee.

 

       (3)    An employee who is not entitled to pay for overtime work who is required by theDeputy Head or an authorized person to work on a holiday may, with the approval ofthe Deputy Head, be granted a day off with pay in lieu of the holiday.

Section 82 replaced: O.I.C. 2011-61, N.S. Reg. 29/2011.

Health-Related Leave

General illness leave entitlement

83   (1)    The Deputy Head may authorize general illness leave with pay to an employee whois

 

                (a)    unable to perform their duties because of illness or injury; and

                (b)    absent from work because of illness or injury for not longer than 3 consecutiveworking days.

 

       (2)    An employee is entitled to up to a maximum of 18 days of general illness leave perfiscal year.

 

       (3)    The amount of general illness leave an employee who is appointed after April 1 isentitled to must be prorated in accordance with the service the employee accumulatesbetween the date of their appointment and the end of the fiscal year.

 

       (4)    An employee’s general illness leave entitlement is reinstated on April 1 of each fiscalyear, regardless of the amount of general illness leave the employee used in theprevious fiscal year.

Medical and dental care leave

84   (1)    As part of an employee’s general illness leave entitlement, an employee is entitled topaid leave to engage in personal preventive medical and dental care to a maximumof 4 days per fiscal year.

 

       (2)    Medical or dental care leave taken by an employee must be counted as generalillness leave.

Short-term illness leave entitlement

85   (1)    The Deputy Head may authorize short-term illness leave to an employee who is

 

                (a)    unable to perform their duties because of illness or injury; and

 

                (b)    absent from work because of the illness or injury for longer than 3 consecutiveworking days.

 

       (2)    An employee is entitled to short-term illness leave at full or part pay per incident ofshort-term illness in accordance with the following:

 

                (a)    for employees with less than 1 year of service,

 

                         (i)     100% of the employee’s regular salary for the first 20 working days theyare absent, and

 

                         (ii)    75% of their regular salary for the next 80 working days they are absent;

 

                (b)    for employees with 1 or more years of service,

 

                         (i)     100% of the employee’s regular salary for the first 40 working days theyare absent, and

 

                         (ii)    75% of the employee’s regular salary for the next 60 working days theyare absent.

 

       (3)    Prior years of service with the Government of Canada that have been confirmed bythe Government of Canada must be included in the calculation of years of serviceunder subsection (2) for an employee who transferred to the Civil Service under theterms of the Employee Transfer Agreement signed November 25, 2008, under theCanada-Nova Scotia Labour Market Agreement signed on June 13, 2008.

 

       (4)    Sick leave credits accumulated under Section 60 of the general regulations respectingthe Civil Service, N.S. Reg. 20/81, made by Order in Council 81-268 dated March 3,1981, may be used to top up short-term illness pay to 100% on the basis of a half-day of sick leave credits for each day topped up.

 

       (5)    Sick leave credits accumulated by part-time employees before April 1, 2007, may beused to top up short-term illness pay to 100% on the basis of a half-day of sick leavecredits for each day topped up.

 

       (6)    If an incident of short-term illness continues from one year of employment to thefollowing year of employment, the short-term illness leave must be granted inaccordance with the provisions of subsection (1) that apply during the year in whichthe short-term illness began.

 

       (7)    For the purpose of calculating benefits and contributions under benefit plans, anemployee on short-term illness leave is deemed to be on 100% salary, or anotherpercentage in accordance with federal or Provincial statutes.

Time off for ongoing series of treatments or therapy

86   (1)    Time off taken by an employee for treatments or therapy sessions in a scheduledongoing series of treatments or therapy may be credited as short-term illness leave.

 

       (2)    In subsection (1), “ongoing series of treatments or therapy” means 2 or moretreatments or therapy sessions with the time between successive sessions being notlonger than 30 days.

Subsequent sick leave after short-term illness leave

87   (1)    Sick leave taken by an employee who becomes unable to work because of an illnessor injury during the first 30 consecutive working days following their return to workafter a short-term illness leave must be credited as follows:

 

                (a)    if the leave is for the same illness or injury that caused the previous absence,the employee is deemed to still be on the original short-term illness leave;

 

                (b)    if the leave is for an illness or injury unrelated to the illness or injury thatcaused the previous absence, the employee is deemed to be on a new leave andis entitled to any remaining general illness leave benefits under Section 83 and,if it becomes necessary, short-term illness leave benefits under Section 85.

 

       (2)    Sick leave taken by an employee who becomes unable to work because of an illnessor injury after working 30 consecutive working days following their return to workafter a short-term illness leave must be credited as follows:

 

                (a)    if the leave is for the same injury or illness that caused the previous absence,the employee is deemed to be on a new short-term illness leave and is entitledto short-term illness leave benefits in accordance with Section 85;

 

                (b)    if the return to work after the injury or illness was for a trial period undersubsection (3), the employee is deemed to still be on the original short-termillness leave.

 

       (3)    A trial period for an employee returning to work after a short-term illness leave mustbe as determined by the Deputy Head, but must not be for longer than 3 months.

 

       (4)    If an employee is on an approved leave during the 30 consecutive working daysfollowing their return to work under subsection (1) or (2), the leave days must not beconsidered in the 30 consecutive working day count.

Subsection 87(4) added: O.I.C. 2011-61, N.S. Reg. 29/2011.

Long-term disability benefit coverage

88   An employee’s eligibility for long-term disability benefits must be determined inaccordance with the Nova Scotia Public Service Long Term Disability Plan.

Benefit coverage upon deemed termination of laid-off employees

89   (1)    Except as provided in subsection (2), an employee who is deemed to be terminatedunder subsection 144(1) is not entitled to leave or benefits for an illness or disabilityincluding any reoccurrence of an illness or disability that begins after the effectivedate of the lay-off.

Subsection 89(1) amended: O.I.C. 2013-140, N.S. Reg. 193/2013.

 

       (2)    An employee on short-term illness leave who is deemed to be terminated undersubsection 144(1) continues to be eligible for both short-term illness and long-termdisability benefits until the termination of the illness or disability entitlement.

Subsection 89(2) amended: O.I.C. 2013-140, N.S. Reg. 193/2013.

Subsections 89(3)-(4) repealed: O.I.C. 2013-140, N.S. Reg. 193/2013.

Section 89 heading replaced: O.I.C. 2013-140, N.S. Reg. 193/2013.

Ineligibility for general illness and short-term illness leave pay

90   An employee must not receive general illness leave pay or short-term illness leave pay inany of the following circumstances:

 

                (a)    the employee is receiving holiday pay;

 

                (b)    the employee is on suspension without pay;

 

                (c)    the employee is on leave without pay, except as provided in subsection 89(2).

Proof of illness

91   (1)    The Deputy Head may require an employee to produce proof of their illness in theform of a certificate from a legally qualified medical practitioner for any absence forwhich the employee claims sick leave.

 

       (2)    An employee claiming sick leave for an absence from work who does not produce aproof of illness certificate when required must not be paid for their time during theabsence.

 

       (3)    If the Deputy Head believes that an employee is misusing their sick leaveentitlement, the Deputy Head may issue a standing directive to the employeerequiring the employee to produce a proof of illness certificate for any absence theemployee claims sick leave for.

 

       (4)    The Deputy Head may require that an employee be examined by an alternatelicensed healthcare practitioner selected by the Deputy Head in addition to the legallyqualified medical practitioner who signed a proof of illness for an employee.

Subsection 91(4) amended: O.I.C. 2011-61, N.S. Reg. 29/2011.

 

       (5)    If an employee is dissatisfied with an alternate licensed healthcare practitionerselected by the Deputy Head under subsection (4), the employee must advise theDeputy Head and the Deputy Head must provide the employee with the names of 3licensed healthcare practitioners or, if not possible, as many names as possible andthe employee must select one.

Subsection 91(5) added: O.I.C. 2011-61, N.S. Reg. 29/2011.

 

       (6)    If the Deputy Head refers an employee to an alternate licensed healthcare practitionerunder subsection (4) and the employee is charged fees by the healthcare practitionerthat exceed those covered by the M.S.I. Plan under the Health Services andInsurance Act, the Deputy Head must pay the cost of the excess fees.

Subsection 91(6) added: O.I.C. 2011-61, N.S. Reg. 29/2011.

Deputy Head may grant special leave

92   In any one fiscal year, the Deputy Head may grant special leave with pay, special leavewith partial pay or special leave without pay to an employee for any period and under anyterms that the Deputy Head determines circumstances warrant.

Reduction in sick leave or special leave pay

93   If an employee is on paid sick leave or paid special leave and is receiving pay from theWorkers’ Compensation Board because of a claim that arises from the same incapacity forwhich the sick leave or special leave was granted, the employee’s sick leave or specialleave pay must be reduced by the amount paid by the Workers’ Compensation Board.

Deemed status during special or sick leave

94   Subject to the terms under which the leave was granted, an employee who is on specialleave or sick leave is deemed to be continuously employed during their leave.

Injury while working

95   (1)    An employee who is injured while working must immediately report the injury, orcause it to be reported, to their immediate supervisor in the manner specified by theemployer or on the form provided by the employer.

 

       (2)    The employer must maintain a record of employees who are injured on duty.

Leave and pay for employees injured while working

96   (1)    If the Workers’ Compensation Board determines that an employee is unable toperform their duties because of an injury the employee received while working, theDeputy Head must grant the employee injury on duty leave, and must pay theemployee an amount equal to the employee’s net average pre-disability salary for theperiod specified by the Workers’ Compensation Board.

 

       (2)    An employee who is injured while working and is receiving pay from the WorkersCompensation Board must disclose to the employer any benefits under the CanadaPension Plan (Canada) and its regulations or other publicly funded third-partypayments received by the employee that relate to employment and disability.

Subsection 96(2) amended: O.I.C. 2011-61, N.S. Reg. 29/2011.

 

       (3)    Any amount received by an employee under subsection (2) that is intended as apartial earnings loss replacement must be deducted from the amount to be paid bythe Deputy Head under subsection (1).

 

       (4)    Pay for injury on duty leave must not result in an employee’s post-injury lossreplacement earnings exceeding the employee’s net average pre-disability salary.

 

       (5)    If a person suffers a recurrence of a disability that is because of an injury theysustained while working as an employee,

 

                (a)    for a person who is still an employee, the employer must accept liability for therecurrence in accordance with these regulations;

 

                (b)    for a person who has ceased to be an employee, the person receives benefits inaccordance with the Workers’ Compensation Act.

 

       (6)    To determine whether a disability is a recurrence under subsection (5), the employermay require that an employee or former employee be examined by an alternatelicensed healthcare practitioner of the employer’s choice.

Subsection 96(6) replaced: O.I.C. 2011-61, N.S. Reg. 29/2011.

 

       (7)    If an employee is dissatisfied with an alternate licensed healthcare practitionerselected by the employer under subsection (6), the employee must advise theemployer and the employer must provide the employee with the names of 3 licensedhealthcare practitioners or, if not possible, as many names as possible and theemployee must select one.

Subsection 96(7) added: O.I.C. 2011-61, N.S. Reg. 29/2011.

 

       (8)    If the employer refers an employee to an alternate licensed healthcare practitionerunder subsection (6) and the employee is charged fees by the healthcare practitionerthat exceed those covered by the M.S.I. Plan under the Health Services andInsurance Act, the employer must pay the cost of the excess fees.

Subsection 96(8) added: O.I.C. 2011-61, N.S. Reg. 29/2011.

Notices for Pregnancy, Parental and Adoptive Leaves

Notice of pregnancy, parental or adoptive leave

97   (1)    An employee must notify the Deputy Head in writing of the following at least 4weeks before the employee begins their pregnancy leave and/or parental leave and/oradoptive leave:

 

                (a)    the date on which the employee intends to begin their leave;

 

                (b)    the date on which the employee intends to return to work after their leave, or oftheir intention to take the maximum leave to which they are entitled.

 

       (2)    An employee who wishes to begin or end their leave on a date other than as stated intheir leave notice under subsection (1) must amend the notice to change the date inaccordance with the following deadlines:

 

                (a)    to change any date in the notice to an earlier date, the notice must be amendedat least 4 weeks before the earlier date;

 

                (b)    to change any date in the notice to a later date, the notice must be amended atleast 4 weeks before the original date;

 

                (c)    to add the date on which they intend to return to work, the notice must beamended at least 4 weeks before the date the employee would have beenrequired to return to work.

Subsection 97(2) amended: O.I.C. 2011-61, N.S. Reg. 29/2011.

 

       (3)    If the notice under subsection (1) is for pregnancy leave and if it is not possible foran employee to amend the notice in accordance with the deadlines in subsection (2),the employee must give the Deputy Head as much notice as reasonably practicable ofthe following dates:

 

                (a)    the date on which the employee intends to begin her pregnancy leave, if she isadvised by a legally qualified medical practitioner to begin the pregnancy leaveearlier than planned because of medical circumstances resulting from herpregnancy;

 

                (b)    the actual delivery date, if the delivery occurs earlier than expected.

Subsection 97(3) amended: O.I.C. 2011-61, N.S. Reg. 29/2011.

Certificate establishing adoption leave entitlement to accompany notice

98   A notice of adoptive leave must be accompanied by a certificate of an official in theDepartment of Community Services to establish the employee’s entitlement to theadoption leave.

Pregnancy Leave

Entitlement to pregnancy leave and notice of pregnancy

99   (1)    An employee who is pregnant is entitled to pregnancy leave without pay to amaximum of 17 weeks.

 

       (2)    An employee must submit a notice of pregnancy in writing to the Deputy Head nolater than the beginning of the 5th month of her pregnancy.

 

       (3)    Before approving pregnancy leave, the Deputy Head may request that an employeeprovide a certificate from a legally qualified medical practitioner stating that theemployee is pregnant and specifying the expected date of delivery.

Date pregnancy leave begins

100 (1)    Except as provided in subsection (2), an employee’s pregnancy leave begins on adate determined by the employee, but must not begin earlier than 16 weeks beforethe expected date of delivery or later than the date of delivery.

 

       (2)    The Deputy Head may require an employee to begin pregnancy leave without pay atanytime during her pregnancy in any of the following circumstances:

 

                (a)    the duties of the employee’s position cannot reasonably be performed by apregnant woman;

 

                (b)    the performance of the employee’s work is materially affected by thepregnancy.

SEB Plan allowance for employee on pregnancy leave

101 (1)    An employee who is entitled to pregnancy leave who provides the Deputy Head withproof that she has applied for and is eligible to receive EI benefits must be paid thefollowing 7-week allowance during her leave, in accordance with the SEB Plan:

 

                (a)    during the 2-week waiting period imposed by the Government of Canadabefore the employee begins receiving EI benefits, payment in an amount equalto 75% of her weekly pay rate for each week of the waiting period, less anyother income received by the employee during the waiting period;

 

                (b)    for up to 5 weeks after the 2-week waiting period in clause (a), payment in anamount equal to the difference between the weekly EI benefits the employee iseligible to receive and 93% of her weekly pay rate, less any other incomereceived by the employee during the additional weeks that would result in adecrease in the employee’s EI benefits.

 

       (2)    In calculating a pregnancy leave allowance, an employee’s weekly pay rate is

 

                (a)    for a full-time employee, based on 1 week of the bi-weekly pay rate that theemployee is entitled to on the day immediately before her pregnancy leavebegins;

 

                (b)    for a part-time employee, the weekly pay rate determined under clause (a),multiplied by the fraction obtained from dividing the employee’s number ofhours worked, as calculated for the purposes of accumulating service andaveraged over the 26 weeks immediately before her pregnancy leave begins, bythe number of regularly scheduled full-time hours of work for the employee’sclassification.

 

       (3)    If an employee becomes eligible for merit pay or [a] pay increase while she isreceiving a pregnancy leave allowance, payments to the employee under the SEBPlan must be adjusted accordingly.

 

       (4)    If an employee who is on pregnancy leave’s annual income exceeds 1.5 times themaximum yearly insurable earnings under the Employment Insurance Act (Canada),the employer must not reimburse her for any amount she is required to remit to theGovernment of Canada.

 

       (5)    Nothing in this Section prohibits an employee who is entitled to a pregnancy leaveallowance under this Section from also being eligible for parental leave allowanceunder Section 106.

Parental Leave

Parental leave entitlement

102 An employee who has become a parent of 1 or more children through the birth of a childor children is entitled to parental leave without pay to a maximum of 52 weeks.

Medical certificate establishing parental leave entitlement

103 The employer may require an employee who takes parental leave to submit a certificate ofa legally qualified medical practitioner to establish the employee’s entitlement to theparental leave.

Dates parental leave begins and ends

104 (1)    For an employee who has taken pregnancy, parental leave begins and ends asfollows:

 

                (a)    parental leave begins immediately after the date the employee’s pregnancyleave ends and the employee is not required to return to work between leaves;

 

                (b)    parental leave ends on a date determined by the employee, but must end nolater than 35 weeks after the parental leave began.

 

       (2)    For an employee who has not taken pregnancy leave, parental leave begins and endsas follows:

 

                (a)    parental leave begins on the date their child or children are born, or on a laterdate determined by the employee;

 

                (b)    parental leave ends on a date determined by the employee, but must end nolater than 52 weeks after the child or children arrive in the employee’s home.

Deferral of parental leave while child in hospital

105 (1)    If the child of an employee who is on parental leave for that child is hospitalized oris likely to be hospitalized for longer than 1 week, the employee is entitled to returnto work and defer the unused portion of their parental leave until the child isdischarged from the hospital.

 

       (2)    Before returning to work, an employee must give the Deputy Head at least 2 weeks’notice of the date their parental leave is to resume after a deferral of the leave undersubsection (1).

 

       (3)    An employee is entitled to only 1 interruption and deferral under this Section duringa parental leave.

SEB Plan allowance for employee on parental leave

106 (1)    An employee who is entitled to parental leave and who provides the Deputy Headwith proof that the employee has applied for and is eligible to receive EI benefitsmust be paid the following allowance during their leave in accordance with the SEBPlan:

 

                (a)    during the 2-week waiting period imposed by the Government of Canadabefore receiving EI benefits, payment in an amount equal to 75% of theirweekly pay rate for each week of the waiting period, less any other incomereceived by the employee during the waiting period;

 

                (b)    for up to 10 weeks after the 2-week waiting period in clause (a), payment in anamount equal to the difference between the weekly EI benefits the employee iseligible to receive and 93% of their weekly pay rate, less any other incomereceived by the employee during the additional weeks that would result in adecrease in the employee’s EI benefits.

 

       (2)    In calculating a parental leave allowance, an employee’s weekly pay rate is

 

                (a)    for a full-time employee, based on 1 week of the bi-weekly pay rate that theemployee is entitled to on the day immediately before their parental leavebegins;

 

                (b)    for a part-time employee, the weekly pay rate determined under clause (a),multiplied by the fraction obtained from dividing the employee’s number ofhours worked, as calculated for the purposes of accumulating service andaveraged over the 26 weeks immediately before their parental leave begins, bythe number of regularly scheduled full-time hours of work for the employee’sclassification.

 

       (3)    If an employee becomes eligible for merit pay or [a] pay increase while they arereceiving a parental leave allowance, payments to the employee under the SEB Planmust be adjusted accordingly.

 

       (4)    If an employee who is on parental leave’s annual income exceeds 1.5 times themaximum yearly insurable earnings under the Employment Insurance Act (Canada),the employer must not reimburse the employee for any amount they are required toremit to the Government of Canada.

Adoption Leave

Adoption leave entitlement

107 An employee who has become a parent of 1 or more children through an adoption underthe laws of the Province is entitled to adoption leave without pay up to a maximum of 52weeks.

Dates adoption leave begins and ends

108 (1)    An employee’s adoption leave begins and ends as follows:

 

                (a)    except as provided in subsection (2), adoption leave begins on the date theadopted child or children first arrive in the employee’s home;

 

                (b)    adoption leave ends on a date determined by the employee, but must end nolater than 52 weeks after the adoption leave began.

 

       (2)    For an international adoption, an employee’s adoption leave may begin when theemployee arrives in the child’s native country to complete the adoption.

SEB Plan allowance for employee on adoption leave

109 Section 106 respecting a SEB Plan allowance for an employee who is entitled to parentalleave applies with the necessary changes in detail to an employee who is entitled toadoption leave.

Benefit Coverage, Service Accumulation, Leave for Illness and Return to Work duringPregnancy, Parental and Adoptive Leave

Benefit plan coverage continues during pregnancy, parental and adoptive leave

110 An employee’s benefit plan coverage during their pregnancy, parental or adoptive leavecontinues in accordance with Sections 12 to 17 on the same basis as existed immediatelybefore the leave began.

Accumulation of service during pregnancy, parental and adoptive leave

111 (1)    Subject to subsection (2), an employee continues to accumulate service during theemployee’s pregnancy, parental or adoptive leave, and the service is deemed to becontinuous.

 

       (2)    Service accumulated during pregnancy, parental or adoptive leave must not beincluded when calculating vacation leave entitlement.

 

       (3)    When calculating vacation leave entitlement for an employee who has takenpregnancy, parental or adoptive leave, 1 month of service must be credited to anemployee who does not receive salary for a total of 17 days or more during the firstand last calendar months of the leave.

Leave for illness associated with pregnancy

112 Leave because of illness that arises out of or is associated with an employee’s pregnancyand that occurs before the start or after the end of the employee’s pregnancy leave must begranted to the employee in accordance with the provisions in these regulations for generalillness leave or short-term illness leave.

Return to work after pregnancy, parental and adoptive leave

113 An employee who returns to work after pregnancy, parental or adoptive leave resumeswork in the position they held before beginning the leave, with no loss of benefits accruedto the beginning of the leave.

Leave with Pay for Birth or Adoption

Birth leave entitlement

114 An employee whose spouse gives birth must be granted one day leave with pay, whichmay be divided into 2 periods and granted on separate days.

Leave for adopting entitlement

115 (1)    An employee is entitled to 1 day leave with pay for the purpose of adopting underthe laws of the Province.

 

       (2)    Leave for adoption may be divided into 2 periods and granted on separate days.

Subsection 115(3) repealed: O.I.C. 2014-23, N.S. Reg. 11/2014.

 

Emergency Leave and Family Illness Leave

Emergency leave entitlement

116 An employee is entitled to emergency leave with pay to a maximum of 2 days per year fora critical condition that meets all of the following criteria:

 

                (a)    it results from an emergency;

 

                (b)    it requires the employee’s personal attention;

 

                (c)    it cannot be attended to by the employee while they are not working or byanother person.

Family illness leave entitlement

117 (1)    In this Section, “family member” in relation to an employee means any relative ofthe employee who permanently resides with the employee and any of the following,whether or not they live with the employee:

 

                (a)    the employee’s spouse;

 

                (b)    the employee’s son;

 

                (c)    the employee’s daughter;

 

                (d)    the employee’s parent;

 

                (e)    the employee’s brother;

 

                (f)    the employee’s sister;

 

                (g)    the employee’s aunt;

 

                (h)    the employee’s uncle.

 

       (2)    An employee is entitled to family illness leave with pay up to a maximum of 5 daysper fiscal year in any of the following circumstances:

 

                (a)    a family member of the employee is ill and requires the presence or support ofthe employee;

 

                (b)    a relative of the employee who permanently resides with the employee isreceiving preventative medical or dental care and requires the presence orsupport of the employee while receiving the care.

Subsection 117(2) replaced: O.I.C. 2011-61, N.S. Reg. 29/2011.

 

       (3)    The Deputy Head may require an employee to provide proof that they are entitled tofamily illness leave.

Compassionate Leave and Bereavement Leave

Deputy Head may grant compassionate leave

118 (1)    In this Section and Section 119, “family member” means family member as definedin clause 60E(1)(b) of the Labour Standards Code.

 

       (2)    An employee is entitled to a compassionate leave without pay to a maximum of 8weeks to allow the employee to provide care or support to a family member.

 

       (3)    An employee seeking a compassionate leave must give the Deputy Head a certificatefrom a legally qualified medical practitioner stating that their family member has aserious medical condition with a significant risk of death in the next 26 weeks.

Compassionate leave period

119 (1)    An employee’s compassionate leave must begin on 1 of the following:

 

                (a)    the 1st day of the calendar week in which the medical certificate required bysubsection 118(3) is issued;

 

                (b)    the 1st day of the calendar week in which the employee begins their absencefrom work to provide care or support to a family member.

 

       (2)    An employee’s compassionate leave ends on the last day of the calendar week inwhich the earlier of the following events occurs:

 

                (a)    the family member dies;

Clause 119(2)(i) redesignated (a): O.I.C. 2011-61, N.S. Reg. 29/2011.

 

                (b)    26 weeks has passed since the 1st day of the leave period.

Clause 119(2)(ii) redesignated (b): O.I.C. 2011-61, N.S. Reg. 29/2011.

Benefit plan coverage continues during compassionate leave

120 An employee’s benefit plan coverage during their compassionate leave continues inaccordance with Sections 12 to 17 on the same basis as existed immediately before thecompassionate leave began.

Return to work after compassionate leave

121 An employee who returns to work after compassionate leave resumes work in the positionthey held before beginning the compassionate leave, with no loss of benefits accrued to thebeginning of the compassionate leave.

Bereavement leave

122 (1)    An employee is entitled to a bereavement leave with pay up to a maximum of 5consecutive working days when any of the following members of the employee’sfamily dies:

 

                (a)    the employee’s father;

 

                (b)    the employee’s mother;

 

                (c)    the employee’s step-parent;

 

                (d)    the employee’s brother;

 

                (e)    the employee’s half-brother;

 

                (f)    the employee’s step-brother;

 

                (g)    the employee’s sister;

 

                (h)    the employee’s half-sister;

 

                (i)     the employee’s step-sister;

 

                (j)     the employee’s spouse;

 

                (k)    the employee’s child;

 

                (l)     the employee’s father-in-law;

 

                (m)   the employee’s mother-in-law;

 

                (n)    the employee’s daughter-in-law;

 

                (o)    the employee’s son-in-law;

 

                (p)    the employee’s stepchild;

 

                (q)    the employee’s ward;

 

                (r)    the employee’s grandparent;

 

                (s)    the employee’s grandchild;

 

                (t)     any relative of the employee who permanently resides with the employee.

 

       (2)    An employee is entitled to a bereavement leave with pay up to a maximum of 1 daywhen any of the following relatives of the employee dies:

 

                (a)    the employee’s brother-in-law;

 

                (b)    the employee’s sister-in-law;

 

                (c)    the employee’s aunt;

 

                (d)    the employee’s uncle;

 

                (e)    the employee’s niece;

 

                (f)    the employee’s nephew;

 

                (g)    a foster parent of the employee;

 

                (h)    a grandparent of the employee’s spouse;

 

       (3)    An employee taking bereavement leave under subsection (2) who has to travelbecause of the death may be granted leave with pay up to a maximum of 2 days fordays when the employee has to travel, if the days are not regularly scheduled days ofrest.

 

       (4)    An employee’s entitlement to bereavement leave expires after 7 calendar days,beginning midnight on the day immediately following the death.

 

       (5)    To claim leave as bereavement leave, an employee must notify the Deputy Headbefore taking the leave.

 

       (6)    Time that an employee is on vacation leave or sick leave must not be deducted fromtheir bereavement leave entitlement.

Court Leave, Military Leave and Volunteer Firefighter and Ground Search and RescueLeave

Heading replaced: O.I.C. 2012-128, N.S. Reg. 95/2012.

Court leave entitlement

123 (1)    An employee, other than an employee who is on leave without pay or undersuspension, is entitled to court leave with pay when the employee is required to doany of the following:

 

                (a)    serve on a jury;

 

                (b)    by subpoena or summons, attend as a witness in any proceeding held

 

                         (i)     in or under the authority of a court,

 

                         (ii)    before an arbitrator, umpire, person or body of persons authorized by lawto make an inquiry and to compel the attendance of witnesses before it,or

 

                         (iii)   before any committee of the legislative assembly.

 

       (2)    Time spent by an employee to attend as a witness in accordance with clause (1)(b) isdeemed to be time worked if all of the following apply:

 

                (a)    the employee attends as a witness on a day other than a working day;

 

                (b)    the employee attends as a witness in relation to the employee’s duties as anemployee;

 

                (c)    the employee notifies the Deputy Head of the required attendance.

Military leave

124 (1)    If operational requirements permit, the Deputy Head may grant military leave withpay to a maximum of 2 weeks for an employee to take military training or servemilitary duty.

 

       (2)    Except as provided under subsection (3), the salary of an employee who is grantedmilitary leave must be reduced by an amount equal to the amount paid by theDepartment of National Defense to the employee as salary during the period oftraining or duty.

 

       (3)    An employee who uses vacation leave to take military training or serve military dutymust receive full salary from the Province during the period of training or duty.

Volunteer firefighter and ground search and rescue leave

124A       If operational requirements permit, the Deputy Head must give every considerationto granting leave with pay to an employee who

 

                (a)    is a member of a volunteer fire department or ground search and rescueorganization in the Province; and

 

                (b)    is called to volunteer in an emergency during work hours.

Section 124A added: O.I.C. 2012-128, N.S. Reg. 95/2012.

Prepaid Leave Plan

Employee may apply to participate in prepaid leave plan

125 (1)    A full-time permanent employee may apply to participate in a prepaid leave plan thatis financed through a deferral of their salary to take prepaid leave for the followinglength of time:

 

                (a)    6 consecutive months or longer up to a maximum of 12 consecutive months;or

 

                (b)    if the leave is for the purpose of full-time attendance at a designatededucational institution, as defined under the Income Tax Act (Canada), 3consecutive months or longer up to a maximum of 12 months.

Subsection 125(1) replaced: O.I.C. 2011-61, N.S. Reg. 29/2011.

 

       (2)    An application for approval to participate in a prepaid leave plan must be made inwriting to the Deputy Head at least 4 calendar months before the plan’s starting date.

 

       (3)    The Deputy Head must notify an applicant in writing of whether their application isapproved and of the reasons for a rejection no later than 2 calendar months after thedate the application under subsection (2) is made.

Subsection 125(3) amended: O.I.C. 2014-23, N.S. Reg. 11/2014.

 

       (4)    The Deputy Head must not unreasonably withhold approval of participation in aprepaid leave plan.

Written agreement for prepaid leave plan

126 Before enrolling in a prepaid leave plan, an employee who has been approved toparticipate in a prepaid leave plan must enter into a written agreement with the DeputyHead setting out the terms of the employee’s participation in the plan.

Salary and benefits during deferral period

127 (1)    The salary of an employee who is participating in a prepaid leave plan is deferredduring the period specified in their agreement, in accordance with all of thefollowing:

 

                (a)    the period for deferring a salary must not be longer than 6 years;

 

                (b)    the employee’s salary must be reduced by a percentage specified in theagreement, to a maximum of 33 1/3 % in any 1 year;

 

                (c)    the employer must retain the deferred percentage of the employee’s salary, plusaccrued interest earned during the deferral period, for payment to the employeeduring their prepaid leave;

 

                (d)    the interest to be paid on the deferred salary must be calculated monthly at aninterest rate that is the average of all of the following paid by the financialinstitution where the deferred salary account is maintained and in effect on thelast day of each month:

 

                         (i)     the interest rate for a 1-year term deposit,

 

                         (ii)    the interest rate for a 3-year term deposit,

 

                         (iii)   the interest rate for a 5-year term deposit;

 

                (e)    interest must be calculated on the average daily balance of the employee’saccount and must be credited to the account on the 1st day of the next month;

 

       (2)    On request, the employer must give a yearly statement of the amount of deferredsalary available under a prepaid leave plan, including interest earned, to an employeewhose salary is being deferred.

 

       (3)    While an employee’s salary is being deferred under a prepaid leave plan, theemployee’s benefit plan participation continues on the same basis as if the employeehad not enrolled in the prepaid leave plan.

Deferred salary payments subject to withholding

128 Payments out of deferred salary made to an employee during prepaid leave constitutesalary and are subject to withholding for income taxes and for premiums payable when thesalary is paid under the Canada Pension Plan (Canada) and its regulations.

Section 128 amended: O.I.C. 2014-23, N.S. Reg. 11/2014.

Clauses 128(a) and (b) repealed: O.I.C. 2014-23, N.S. Reg. 11/2014.

Service and service-related benefits during prepaid leave period

129 (1)    Service and pensionable service continue to accumulate on the same basis while anemployee is on prepaid leave.

 

       (2)    Service accumulated by an employee on prepaid leave must not be credited forvacation leave or short-term illness leave entitlement.

 

       (3)    An employee on prepaid leave is not entitled to sick leave or vacation leave.

Benefit plan coverage continues during prepaid leave period

130 (1)    Subject to subsection (2), while an employee’s salary is being deferred and while theemployee is on prepaid leave, the employee’s benefit plan participation continues onthe same basis as if the employee had not enrolled in the prepaid leave plan.

 

       (2)    An employee who is on prepaid leave is responsible for both the employer’s andemployee’s premiums under all benefit plans, other than the Public ServiceSuperannuation Plan, and deductions from the employee’s salary must be made topay for the premiums.

 

       (3)    An employee’s participation in the Public Service Superannuation Plan, continues asif the employee had not enrolled in the prepaid leave plan.

Return to work after prepaid leave

131 (1)    Subject to subsection (2), an employee who returns to work after prepaid leave mustreturn to regular full-time employment with the employer for a period at least equalto the period of leave and in the position the employee held before beginning theleave.

 

       (2)    If an employee’s position no longer exists at the end of their prepaid leave, theemployee is deemed to be laid off and lay-off provisions of these regulations apply.

Withdrawing from or terminating prepaid leave plan

132 (1)    An employee who experiences unusual or extenuating circumstances, includingfinancial hardship, serious illness or disability, or death or serious illness in theemployee’s family may withdraw from a prepaid leave plan by writing to the DeputyHead and detailing the reasons for their withdrawal.

 

       (2)    An employee who withdraws from a prepaid leave plan must be paid, no later than60 days after the date of withdrawal, a lump sum payment equal to the balance in theemployee’s deferred salary account.

 

       (3)    An employee’s prepaid leave plan is terminated if the employee is laid off or theiremployment is terminated.

 

       (4)    If an employee dies while participating in a prepaid leave plan, the balance in theemployee’s deferred salary account must be paid to the employee’s estate no laterthan 2 bi-weekly pay periods after the date the Department of Finance receivesnotice of the employee’s death.

Staff Training and Development

Access to staff training and development opportunities

133 The Deputy Head must, in accordance with the Commission’s policies, give an employeeaccess to training and development opportunities that are intended to improve theemployee’s capabilities and serve the interest of the employer.

Leave granted for training and development

134 (1)    The Deputy Head may grant leave with or without pay for an employee to participatein training and development in accordance with the Commission’s policies.

 

       (2)    If operational requirements permit, the Deputy Head must grant an employee leavewith pay to allow the employee to write examinations for courses that have beenpreviously approved by the employer.

 

134A       In Sections 135 to 137, “discontinuation date” means the date that this Sectioncomes into force.

Section 134A added: O.I.C. 2015-273, N.S. Reg. 299/2015.

Public Service Award

Eligibility for public service award

135 (1)    Except as provided in subsection (2), an employee who retires or resigns from theCivil Service who is immediately eligible for and immediately accepts a pensionunder the Public Service Superannuation Act must be granted a public service awardin an amount equal to 1 week of pay at their weekly pay rate on the discontinuationdate for each full year of service as of the discontinuation date to a maximum of 26years of service, and payment for any partial year of service prorated on the basis ofthe employee’s number of months of service in that year up to the discontinuationdate.

Subsection 135(1) amended: O.I.C. 2015-273, N.S. Reg. 299/2015.

 

       (2)    The following employees are not entitled to receive a public service award:

 

                (a)    an employee who is laid off and receives a severance allowance undersubsection 146(1);

 

                (b)    an employee who begins employment with the Civil Service after thediscontinuation date;

Clause 135(2)(b) replaced: O.I.C. 2015-273, N.S. Reg. 299/2015.

 

                (c)    a person reappointed to the Civil Service after the discontinuation date,regardless of whether they have prior service which would otherwise entitlethem to an award.

Clause 135(2)(c) added: O.I.C. 2015-273, N.S. Reg. 299/2015.

Subsection 135(2) replaced: O.I.C. 2013-140, N.S. Reg. 193/2013.

Subsection 135(3) added: O.I.C. 2011-61, N.S. Reg. 29/2011; repealed: O.I.C. 2015-273, N.S. Reg. 299/2015.

Salary amount used in calculation of public service award

136 In calculating the amount of a public service award under Section 135, an employee’sweekly pay rate is based on the higher of the following:

 

                (a)    1 week of the bi-weekly pay rate that the employee is entitled to as of thediscontinuation date;

Clause 136(a) amended: O.I.C. 2015-273, N.S. Reg. 299/2015.

 

                (b)    1 week of the bi-weekly pay rate that the employee would be entitled to if paidthe salary that is used to calculate their pension under the Public ServiceSuperannuation Act as of the discontinuation date.

Clause 136(b) amended: O.I.C. 2015-273, N.S. Reg. 299/2015.

Service used in calculation of public service award

 

Subsection 137(1) repealed: O.I.C. 2015-273, N.S. Reg. 299/2015.

 

137 (2)    Despite Section 18, the public service award entitlement of an employee who wasappointed before January 1, 1975, is based on the longer of the following periods ofservice:

 

                (a)    the period of service credited to them and paid for by them under the PublicService Superannuation Act, up to the discontinuation date;

Clause 137(2)(a) amended: O.I.C. 2015-273, N.S. Reg. 299/2015.

 

                (b)    the period of service calculated under Section 18, up to the discontinuationdate.

Clause 137(2)(b) amended: O.I.C. 2015-273, N.S. Reg. 299/2015.

 

       (3)    Months of non-Civil Service employment, up to the discontinuation date, in a CFSagency or a municipal correctional facility listed in Schedule B is included as servicefor calculating the amount of an employee’s public service award entitlement only ifthe employee’s former employer did not provide or is not obligated to provide theemployee with a comparable service award or severance payment based onemployment service with the former employer.

Subsection 137(3) amended: O.I.C. 2015-273, N.S. Reg. 299/2015.

 

       (4)    If an award or payment to an employee from a former employer referred to insubsection (3) has been paid or is payable at a future date, the amount of theemployee’s public service award must be reduced by the amount of the award orpayment.

 

       (5)    For an employee who retires or resigns from the civil service and is subsequentlyreappointed to the civil service, months of service used under Section 18 and thisSection to grant a public service award to the employee are not included whencalculating the amount of a subsequent public service award granted to the employeeupon retirement or resignation from the reappointed position.

Subsection 137(5) added: O.I.C. 2014-23, N.S. Reg. 11/2014; amended: O.I.C. 2015-273, N.S. Reg. 299/2015.

Entitlement to public service award on death of employee

138 (1)    An employee who dies but who would have been entitled to receive a public serviceaward if the employee had retired from the public service at the time they died, isentitled to the public service award they would have received if they had retired atthe time of their death.

 

       (2)    Subject to subsection (3), the public service award of an employee who dies must bepaid to their beneficiary under the Master Group Life Insurance Plan or to their estateif there is no beneficiary.

 

       (3)    A public service award must be paid to a person specified by the Governor inCouncil as trustee if the person to whom the public service award is payable undersubsection (2) is

 

                (a)    younger than 19 years old; or

 

                (b)    in the opinion of the Governor in Council, not capable of managing theiraffairs because of infirmity, illness or another cause.

Resignation and Termination

Heading replaced: O.I.C. 2011-61, N.S. Reg. 29/2011.

Employee resignation

139 (1)    Except as provided in subsection (2), to terminate their employment, an employeemust submit a letter of resignation to the Deputy Head before the followingapplicable deadline:

 

                (a)    for an employee who has been employed for less than 2 years, at least 5 daysbefore the effective date of their resignation;

 

                (b)    for an employee who has been employed for 2 years or longer, at least 10 daysbefore the effective date of their resignation.

 

       (2)    The Deputy Head may accept a shorter period of notice for a letter of resignation.

Terminating employment for cause

140 (1)    A Deputy Head who terminates the employment of an employee for cause mustnotify all of the following in writing of the termination, the reasons for thetermination and the effective date of the termination:

 

                (a)    the Commission;

 

                (b)    the employee, by certified mail or personal service.

 

       (2)    Notice under subsection (1) must be provided within 10 days of the effective date ofthe termination.

Subsection 140(2) replaced: O.I.C. 2011-61, N.S. Reg. 29/2011.

Termination of probationary or term employee

141 (1)    A Deputy Head may terminate the employment of a probationary or term employeeat any time.

 

       (2)    A Deputy Head must notify all of the following in writing of the termination, and theeffective date of the termination:

 

                (a)    the Commission;

 

                (b)    the employee, by certified mail or personal service.

 

       (3)    Except as provided in Section 142, a notice of termination other than for cause mustbe given at least 10 days before the effective date of the termination stated in thenotice.

Subsection 141(3) amended: O.I.C. 2013-140, N.S. Reg. 193/2013.

 

       (4)    A Deputy Head who terminates the employment of an employee under subsection(1) must give the employee reasons for the termination in writing upon theemployee’s request.

Terminating employment of 10 or more employees

142 If the employment of 10 or more employees appointed to positions on a term basis is to beterminated or deemed to be terminated in any 4-week period, the Deputy Head must notifythe commission of the termination of employment before the following applicabledeadline:

 

                (a)    at least 8 weeks before the effective date of termination, for termination ofemployment of 10 to 99 employees;

 

                (b)    at least 12 weeks before the effective date of termination, for termination ofemployment of 100 to 299 employees;

 

                (c)    at least 16 weeks before the effective date of termination, for termination ofemployment of 300 or more employees.

Lay-Off

Lay-off notice

143 (1)    A Deputy Head who lays off an employee under Section 25 of the Act must notifyall of the following in writing of the lay-off, the reasons for the lay-off and theeffective date of the lay-off:

 

                (a)    the Commission;

 

                (b)    the employee, by certified mail or personal service.

 

       (2)    A lay-off notice must be sent at least 8 weeks before the effective date of the lay-offstated in the notice.

Deemed termination of laid-off employee

144 (1)    An employee’s employment is deemed to be terminated on the effective date of thelay-off stated in the notice.

Subsection 144(2) repealed: O.I.C. 2013-140, N.S. Reg. 193/2013.

Section 145 repealed: O.I.C. 2013-140, N.S. Reg. 193/2013.

Severance allowance for laid-off employees

146 (1)    When an employee is deemed to be terminated under subsection 144(1), theemployer must pay the employee a severance allowance in an amount equal to 4weeks of pay at the employee’s weekly pay rate for every year of service by theemployee.

Subsection 146(1) amended: O.I.C. 2011-61, N.S. Reg. 29/2011; O.IC. 2013-140, N.S. Reg. 193/2013.

 

       (2)    An employee’s severance allowance must be equal to a least 4 weeks of pay and nomore than 52 weeks of pay.

 

       (3)    In calculating an employee’s severance allowance, payment for a partial year ofservice is prorated on the basis of the number of months of service by the employeein that year.

 

       (4)    An employee who receives a severance allowance under subsection (1) and who isreappointed to the civil service before the severance period ends must repay a portionof that severance allowance prorated on the basis of the number of weeks remainingin the severance period at the date of reappointment.

Subsection 146(4) added: O.I.C. 2013-140, N.S. Reg. 193/2013.

 

       (5)    An employee who accepts a severance allowance under subsection (1) must sign anagreement releasing the employer from any future claims for compensation andbenefits from the employer.

Subsection 146(5) added: O.I.C. 2013-140, N.S. Reg. 193/2013.

Lay-off of employee when employees hold similar positions in same classification

147 If 2 or more employees hold similar positions in the same classification, the Deputy Headlaying off an employee under Section 25 of the Act must base the decision of whichemployee to layoff on:

 

                (a)    the employees’ qualifications and abilities; or

 

                (b)    if the Deputy Head considers the employees’ qualifications and abilities to beequal, the employees’ length of service.

Pay in lieu of working through notice period

148 (1)    Termination of the employment of a probationary employee or term employee maybe effective immediately if the Deputy Head notifies the Commission and notifiesthe employee in writing to that effect and pays the employee an amount equal to theirregular pay for the notice period required under subsection 141(3).

 

       (2)    An employee’s deemed termination of employment after lay-off under subsection144(1) may be made effective immediately on the effective date of the lay-off, if theDeputy Head pays the employee in an amount equal to their regular pay for thenotice period required by subsection 143(2).

 

       (3)    Despite subsections (1) and (2), the benefit plan coverage of an employee who hasbeen terminated immediately in accordance with subsections (1) and (2) continuesduring the applicable notice period under Section 143 or 140 in accordance withSections 12 to 15 on the same basis as existed immediately before beginning of theapplicable notice period.

Deemed termination because of absence without permission

149    (1) An employee who has been absent from work without the employer’s permission for10 consecutive working days is deemed to have resigned from their employmenteffective the 1st day of their absence.

 

          (2) An employee who is deemed to have resigned under subsection (1) may be reinstatedto their position if they satisfy the Deputy Head of all of the following:

 

                (a)    that their absence arose from a cause beyond their control;

 

                (b)    that it was not possible for them to notify the department of the reason for theirabsence.

Section 149A added: O.I.C. 2011-61, N.S. Reg. 29/2011; replaced: O.I.C. 2013-140, N.S. Reg. 193/2013;repealed: O.I.C. 2015-273, N.S. Reg. 299/2015.

Section 149B added: O.I.C. 2011-61, N.S. Reg. 29/2011; repealed: O.I.C. 2015-273, N.S. Reg. 299/2015.

Section 149C added: O.I.C. 2011-61, N.S. Reg. 29/2011; repealed: O.I.C. 2015-273, N.S. Reg. 299/2015.

Section 149D added: O.I.C. 2012-254, N.S. Reg. 153/2012; repealed: O.I.C. 2015-273, N.S. Reg. 299/2015.

Sections 150 to 156 and centred heading repealed: O.I.C. 2011-374, N.S. Reg. 296/2011.

“pay increments” and “pay increment” replaced with “merit pay”: O.I.C. 2011-61, N.S. Reg. 29/2011.

 ________________________________________________________________ 

Schedule A: Departments, Offices and Public Service Entities

Communications Nova Scotia

Conserve Nova Scotia

Department of Agriculture

Department of Community Services

Department of Economic and Rural Development

Department of Education

Department of Energy

Department of Environment

Department of Finance

Department of Fisheries and Aquaculture

Department of Health

Department of Health Promotion and Protection

Department of Intergovernmental Affairs

Department of Justice

Department of Labour and Workforce Development

Department of Natural Resources

Department of Seniors

Department of Tourism, Culture and Heritage

Department of Transportation and Infrastructure Renewal

Disabled Persons Commission

Elections Nova Scotia

Emergency Management Office

Executive Council Office

Freedom of Information and Protection of Privacy Review Office

Government House

Legal Aid Commission

Legislative Expenses

Nova Scotia Advisory Council on the Status of Women

Nova Scotia Human Rights Commission

Nova Scotia Pension Agency

Nova Scotia Police Commission

Nova Scotia Securities Commission

Nova Scotia Utility and Review Board

Office of Aboriginal Affairs

Office of Acadian Affairs

Office of African Nova Scotia Affairs

Office of Gaelic Affairs

Office of Immigration

Office of the Auditor General

Office of the Legislative Counsel

Office of the Ombudsman

Office of the Premier

Office of the Speaker

Public Prosecution Service

Public Service Commission

Sydney Tar Ponds Agency

Treasury and Policy Board

Voluntary Planning Board

Workers’ Compensation Appeal Tribunal

Schedule A amended: O.I.C. 2009-514, N.S. Reg. 331/2009.

 ________________________________________________________________ 

Schedule B: Municipal Correctional Facilities

Antigonish Correctional Facility

Cape Breton Correctional Facility

Cape Breton Youth Detention Facility

Central Nova Scotia Correctional Facility

Cumberland Correctional Facility

Nova Scotia Youth Facility

Southwest Nova Scotia Correctional Facility