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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 (effective October 27, 2009), N.S. Reg. 311/2009

amended to O.I.C. 2025-202 (effective June 27, 2025), N.S. Reg. 126/2025

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

Pay rate on demotion

Acting pay

When acting pay is not payable

Acting pay for excluded classification employees, Crown attorneys, legal services

employees 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 and medical employees

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 Excluded

Classification 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

Reduction in sick leave

Deemed status during 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 during

Pregnancy, 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

Domestic violence leave

Critically ill child care leave

Critically ill adult care leave

Crime-related child death leave

Crime-related child disappearance leave

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

Leave

Court leave entitlement

Military leave

Volunteer firefighter and ground search and rescue leave

Special Leave

Deputy Head may grant special leave

Reduction in special leave pay

Deemed status during special 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

Employee Development

Access to employee development opportunities

Leave granted for employee development

Public Service Award

[Definition of “discontinuation date”]

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 ;

“CFS agency” means an agency that was continued by or established and

incorporated under the Children and Family Services Act and that has been

dissolved;

“Agreement” means the Civil Service Agreement between the Province of Nova

Scotia and the Nova Scotia Government and General Employees Union, as

amended;

“anniversary date” means the date in each year on which the Commission may

grant merit 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 pay

period;

“classification” means the classification of a position in the Civil Service set by the

Commission in accordance with

Section 29 of the Act;

“Crown attorney” means an employee who is paid under the Crown Attorney Pay

Plan determined by the Commission in accordance with the Act;

“department” means a department, office or public service entity established by the

Government of Nova Scotia, as identified in

Schedule A;

“Deputy Head”, in relation to an employee, means the Deputy Head of the

department 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 Employment

Insurance Act (Canada);

“employer” means Her Majesty in the right of the Province of Nova Scotia as

represented by the Public Service Commission;

“excluded classification employee” means an employee who is paid under the

Excluded Classification Pay Plan;

“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

an employee is unable to perform their duties because of illness or injury for a

shorter time 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

Classification Pay Plan;

“job-sharing arrangement” means an arrangement between consenting full-time

employees 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–Legal

Services Pay Plan;

“liability management employee” means an employee who is paid under the

Liability Management and Treasury Services Classification and Pay Plan

determined by the Commission in accordance with the Act;

“medical employee” means an employee who is paid under the Medical Services

Classification and Pay Plan determined by the Commission in accordance with the

Act;

“merit pay” means an annual pay-rate increase granted to an employee for

meritorious service either

(

i) under

Section 51, for Crown attorneys and legal services employees, or

(ii) under

Section 58, for liability management employees, medical

employees and excluded classification employees;

“municipal correctional facility” means a correctional facility in respect of which a

municipality employed persons, as described in

Section 6 of the Corrections Act ,

and listed in

Schedule B;

“overtime” means time in excess of an employee’s regular hours of work during

which the employee performs authorized work;

“part-time employee” means an employee who is appointed on a part-time basis in

accordance with

Section 6;

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

grouped;

“pensionable service” means an employee’s service as defined in the Public

Service Superannuation Act ;

“permanent employee” means an employee who is appointed on a permanent basis

in accordance with

Section 4;

“position” means an employment position in the Civil Service, unless these

regulations specify otherwise;

“probationary employee” means an employee who is in a probationary period in

accordance with

Section 5;

“public prosecution management employee” means an employee who is paid under

the Public Prosecution Service Pay Plan determined by the Commission in

accordance 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 to

supplement the income of an employee who is collecting EI benefits while on

pregnancy leave, parental leave or adoption leave;

“service” means accumulated months of employment calculated in accordance

with

Section 18, unless the regulations specify otherwise;

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

basis of the employee’s service;

“severance period”, in relation to an employee who is entitled to a severance

allowance under these regulations, means the period beginning on the date of the

employee’s resignation and equal to the number of weeks calculated for the

purposes of their severance allowance;

“short-term illness leave” means leave described in

Section 85 used for a time

when an employee is unable to perform their duties because of illness or injury for

a period that is longer than the period set for general illness leave and shorter than

the period set for long-term disability;

“sick leave” means general illness leave and short-term illness leave, except when

used in the term “sick leave credits” in

Section 85;

“spouse” means a person who is married to another person or a non-married

person who lives together with another person in a marriage-like relationship and

has done so for at least 1 year;

“straight time rate” means the regular rate of monetary compensation an employee

is entitled to based on their classification;

“temporary assignment” means temporary assignment to another position under

Section 8;

“temporary assignment with reclassification” means a temporary assignment for

which the employee receives a reclassification under clause 8(2)(b);

“term employee” means an employee who is appointed on a term basis in

accordance 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

Nova Scotia continued under the Workers’ Compensation Act ;

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

regularly scheduled to work;

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

Employee Appointments

Term appointment

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

years.

(2) On the recommendation of the Deputy Head, the Commission may change a term

employee’s appointment to a permanent appointment.

Permanent appointment

(1) On the recommendation of the Deputy Head, the Commission may appoint a

person on 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

term appointment.

Probationary period

(1) A permanent appointment made under

Section 4 by the Commission may be

subject to a probationary period of up to a maximum of 12 months.

(2) Before an employee’s probationary period expires, the Commission may, on the

recommendation of the Deputy Head, extend the employee’s probationary period

for up to a maximum of 6 months.

Part-time appointment

(1) The Commission may appoint a term employee or permanent employee as a

part-time employee.

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

their position.

(3) The period of appointments under Sections 3, 4, and 6 for a part-time employee

must be calculated in calendar months or years and not in hours worked.

Transfer between departments

(1) The Commission may transfer an employee to a different department with the

consent of the Deputy Heads.

(2) On the recommendation of the Deputy Head, the Commission may change the

appointment of a permanent employee transferred to the department to a

probationary appointment.

Temporary assignment

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

the following circumstances:

(

a) the employee is performing the principal duties of an existing position due to

a vacancy or temporary absence and the position is classified in a

classification with a higher maximum pay rate;

(

b) the employee remains in their existing position and is assigned additional

duties, whether or not the duties are evaluated at a classification with a higher

maximum pay rate;

(

c) the employee is assigned new duties, whether or not the duties are evaluated

at a classification with a higher maximum pay rate.

(2) A Deputy Head may authorize an employee who is temporarily assigned under

subsection (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 pay

rate in accordance with the policies established by the Commission;

(

c) their current salary.

(3) Except as provided in subsection (4), a temporary assignment with reclassification

must not be for longer than 24 months.

(4) On the recommendation of the Deputy Head, the Commission may extend a

temporary assignment with reclassification.

Reappointment of permanent employee

9 A permanent employee whose employment is terminated for any reason may be

reappointed to their former position on a permanent basis, if they are reappointed to their

former position no later than 1 year after the date their employment was terminated.

Commission may reclassify, promote, demote or transfer

(1) On the recommendation of the Deputy Head, the Commission may do any of the

following 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

the Commission in consultation with the Deputy Head.

Leave to participate in selection process

(1) The Deputy Head must grant leave with pay to an employee who participates in a

selection process to seek to obtain another position for the time that the employee

is required to be present for the selection process, and for any additional time

needed for travel that the Deputy Head considers reasonable.

(2) An employee who is granted leave under this

Section must not be reimbursed for

travel 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

must participate 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

(1) A part-time employee’s entitlement to benefits under the Basic Group Life

Insurance Plan is prorated on the basis of hours worked.

(2) A part-time employee’s pensionable service and pensionable earnings are

determined in accordance with the Public Service Superannuation Plan

Regulations made under the Public Service Superannuation Act .

Employee may opt out of Consolidated Health and Dental Plan

14 An employee who is required to participate in the Consolidated Health and Dental Plan

may opt out of participation in the Plan if they provide proof of alternate coverage

acceptable to the Commission.

Deduction of employee contributions and premiums

(1) An employee’s portion of contributions and premiums under a benefit plan must

be deducted from the employee’s salary.

(2) Contributions and premiums payable by an employee during a temporary

assignment must be calculated based on the salary the employee is receiving during

the temporary 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 as

otherwise provided in a particular benefit plan or a specific provision of these regulations

or the Public Service Superannuation Plan Regulations .

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

of the Consolidated Health and Dental Plan, Basic Group Life Insurance Plan and

Optional Group Life Insurance Plan premiums for the entire period of the

employee’s special leave.

(2) If an employee does not pay premiums under subsection (1) for the entire period of

their special leave, the benefits for which premiums have not been paid are

suspended for the period of the employee’s special leave.

Disability premiums must be prepaid

16B

(1) Except as provided in subsection (2), before an employee’s special leave begins,

the employee must pay the employee’s portion of the Nova Scotia ’s Long Term

Disability Plan premiums for the entire period of their leave.

(2) An employee is not required to make payments under subsection (1) if the

employee is employed by another employer who requires participation in the Nova

Scotia ’s Long 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.

Payment of premiums under Sections 16A and 16B

16C

(1) Except as otherwise provided in these regulations, a payment under

Section 16A or

16B 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

the employee 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),

the employee must pay the amount owing, including any arrears, by 1 of the

following methods:

(

a) money order;

(

b) certified cheque.

(4) If an employee does not make the payment required under subsection (3), the

employer must discontinue the employee’s benefits retroactive to the last date for

which the employee paid the premiums.

Participation in pension plan during special leave without pay

16D Pensionable service and pensionable earnings for an employee on special leave without

pay are determined in accordance with the Public Service Superannuation Plan

Regulations made under the Public Service Superannuation Act .

Employees must notify of change in marital status

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

status.

Employee Service

Calculating employee’s service

18 Subject to

Section 19, an employee’s service is calculated as the total of all of the

following:

(

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 Service

position in a department or a municipal correctional facility listed in

Schedule

B, if the non-Civil Service employment is consecutive with their full-time

Civil Service 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 its

dissolution, and

(ii) the employee’s employment with the CFS agency is consecutive with

their Civil Service employment;

(

d) the employee’s total service in part-time employment, as calculated under

Section 59;

(

e) for the Health Administrative Systems Program management employee who

transferred to the Civil Service under the terms of the Employee Transfer

Agreement between the Province and the Health Administrative Systems

Program signed October 4, 2013, the employee’s total years of service with

the Health Administrative Systems Program;

(

f) for employees who transfer to the Civil Service under the Shared Services

Act , the employee’s total years of service with the employer they transferred

from to the Civil Service under the Shared Services Act .

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

(1) Except as otherwise provided in these regulations, and subject to subsection (2), 1

month of service must be credited to a full-time employee who receives salary for

more 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

(1) Except as provided in subsection (2), the pay rate for a person on appointment is

the minimum 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 rate

prescribed for the classification they are appointed to if, in the Commission’s

opinion,

(

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 the

minimum requirements for the position.

(3) An excluded classification employee’s pay rate on appointment must not exceed

the job rate prescribed for the position.

Pay rate on promotion

(1) Except as provided in subsection (2), an employee’s pay rate on promotion to a

position classified in the Excluded Classification Pay Plan, MCP–Legal Services

Pay Plan, Liability Management and Treasury Services Classification and Pay Plan

or Medical 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

in subsection (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 the

minimum requirements for the position.

Salary adjustment determined in consultation with Deputy Head

23 The salary adjustment for a new pay rate resulting from a change in employment

described in Sections 24 to 27 must be determined by the Commission in consultation

with the Deputy Head.

Pay rate on temporary assignment with reclassification

(1) The salary of an employee who is temporarily assigned with reclassification under

Section 8, must be adjusted by increasing their pay rate in accordance with

Section

(2) When an employee returns to their original position after a temporary assignment

with reclassification, their pay rate is re-established as the pay rate they were

receiving immediately before the temporary assignment, plus any applicable pay

adjustments 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

higher maximum pay rate than their previous classification must be adjusted by

increasing their pay rate in accordance with

Section 22.

26 [repealed]

Pay rate on demotion

(1) Except as provided in subsection (2), an employee’s pay rate on demotion to a

position 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 rate

received by the employee immediately before the demotion, the highest pay

rate for the new classification that is lower than or equal to the rate received

by the employee immediately before the demotion.

(2) When an employee is demoted, the Commission may, for any time that it considers

appropriate, maintain the employee at the classification and pay rate received by

the employee immediately before the demotion or may freeze the salary of the

employee at the pay rate received by the employee immediately before the

demotion, in any of the following circumstances:

(

a) the employee’s new classification has a maximum pay rate that is lower than

the 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 a

maximum pay rate that is lower than the pay rate received by the employee

immediately before the reclassification.

Acting pay

28 An employee who is temporarily assigned the principal duties of an existing position in a

classification with a higher maximum pay rate to fill a vacancy or a temporary absence in

accordance with clause 8(1)(

a) is eligible for acting pay in accordance with Sections 30 to

When acting pay is not payable

29 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 classification

with a higher maximum pay rate if the employee’s job description includes

periodic substitution in that position;

(

b) an employee who performs the duties of a position that is in a classification

series in which progression from one classification level to the next higher

level in the series is subject to time in the position and satisfactory

performance.

Acting pay for excluded classification employees, Crown attorneys, legal services

employees and public prosecution management employees

(1) An excluded classification employee classified in a pay band up to and including

pay band 6 who is temporarily assigned under clause 8(1)(

a) to perform the

principal duties of a position in a classification with a higher maximum pay rate for

3 or more consecutive working days is eligible to receive acting pay.

(2) Any of the following employees who is temporarily assigned to perform the

principal duties of a position in a classification with a higher maximum pay rate for

11 or more consecutive working days is eligible to receive acting pay:

(

a) an excluded classification employee who is classified in a pay band that is

within 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 rate

that 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 are

temporarily assigned.

31 repealed

Acting pay for liability management employees and medical employees

(1) A liability management employee or medical employee who is temporarily

assigned to perform the principal duties of a position in a classification with a

higher maximum pay rate for 11 or more consecutive working days is eligible to

receive acting pay.

(2) Acting pay for a liability management employee or medical employee must be at a

pay rate that is in accordance with policies established by the Commission, but

must not be higher than the maximum pay rate for the position they are temporarily

assigned to.

Acting pay for entire acting pay period

33 An employee who receives acting pay must receive the acting pay for the entire period

they 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

acting position or limits the right of the Deputy Head to assign duties of an absent

employee to remaining 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

Superannuation Act , an employee’s benefit plan contributions, premiums and benefits

during an acting pay period are based on the employee’s straight time rate.

Shift and weekend premiums

(1) An employee must receive a shift premium per hour as established under the

Agreement for all hours worked, including overtime hours worked, on complete

shifts in which 50% or more of the hours are regularly scheduled between

6:00 p.m. and 6:00 a.m.

(2) An employee must receive a weekend premium per hour as established under the

agreement for all hours worked, including overtime hours worked, on complete

shifts 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.

(3) [repealed]

Standby time

(1) In this Section, the following

definitions apply:

(a) “standby” means, in relation to an employee, not scheduled to work but

required 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

the following 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

a telephone number or pager number known to their immediate supervisor, and

must be 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 that

the standby time was necessary.

(5) An employee who does not report for work when called during standby time must

not be paid for any portion of the standby time.

(6) Subject to subsection (7), in addition to pay for standby time, an employee on

standby who is called in to and reports to work must be paid for a minimum of 4

hours 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 8

consecutive hours of standby time.

(8) An employee who is called in to work during standby time must be reimbursed for

transportation to and from the place of work at rates established in the Kilometrage

Rates, Monthly Allowances and Transportation Allowances Regulations made

under the Act.

On-call pay for Crown attorneys and medical employees

(1) Standby time provisions set out in

Section 37 do not apply to Crown attorneys,

public prosecution management employees and medical employees.

(2) A Crown attorney who is required to be available to receive calls and provide

advice must be paid on-call pay in accordance with rates established by the

Commission in accordance with the Act.

(3) A medical employee who is required to be available after the employee’s regularly

scheduled workday to receive calls and provide advice must be paid on-call pay at

the following rates:

(a) $300 for a weekday;

(b) $400 for a weekend day or a holiday.

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.

must be reimbursed for transportation between their home and the place of work at rates

established in the Kilometrage Rates, Monthly Car Allowances and Transportation

Allowances Regulations made under the Act.

Hours of work

(1) Subject to statutory requirements and these regulations, and except as provided in

subsection (2), a full-time employee must work a minimum of 35 hours a week to

a maximum of 40 hours a week, exclusive of meal breaks.

(2) On the Deputy Head’s recommendation, the Commission may require a full-time

employee to work hours other than those prescribed in subsection (1) or may vary

the employee’s hours of work if the Commission considers that the employee’s

position requires it.

Rest periods per day

41 An employee must be allowed 2 rest periods each day, and the total time of the 2 rest

periods must not be longer than 30 minutes.

Leave with pay for employee with longer work week

(1) Except as provided in subsection (3), an employee whose regularly scheduled work

week 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

of leave with pay;

(

b) for an employee whose work week is 40 hours per week, 5 additional days of

leave with pay.

(2) Additional leave with pay under subsection (1) must be granted in accordance with

the vacation leave provisions in Sections 75 to 78.

(3) This

Section does not apply to an employee whose hours of work are longer than

35 hours a week as a result of working a modified work week schedule, as defined

in clause 43(1)(b).

Flexible and Modified Working Hours

Flexible working hours

schedule or modified work week

(1) In this Section, the following

definitions apply:

(a) “flexible working hours schedule” means a work

schedule in which an

employee works at least 35 hours per week, but the number of hours an

employee works each day varies;

(b) “modified work week schedule” means a

schedule of consecutive work

periods, each consisting of an averaging period, in which an employee works

more than 35 hours per week, and a subsequent week in which the employee

is granted a day of leave.

(2) The Deputy may authorize a flexible working hours

schedule or a modified work

week

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 the

flexible working hours

schedule or modified work week schedule;

(

b) that operational requirements permit the flexible working hours

schedule or

modified work week schedule.

(3) In a modified work week schedule, the averaging period must not be longer than 3

calendar 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

work week

schedule if the

schedule is operationally impractical for any reason,

including any 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 flexible

working hours

schedule or a modified work week

schedule at least 60 calendar

days before the effective date of the cancellation.

(6) Except as otherwise provided in these regulations, time periods used to calculate

any of the following for an employee working under a modified work week

schedule must be converted to hours on the basis of 1 day’s benefit being

equivalent to 1/10 of the 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

(1) Except as provided in subsections (2) and (3), the following employees are not

eligible for compensation for overtime work:

(

a) Crown attorneys;

(

b) liability management employees;

(

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

(

d) medical employees;

(

e) public prosecution management employees;

(

f) legal services employees.

(2) If the Deputy Head requires an employee who is not otherwise entitled to

compensation for overtime work to work beyond their regular working hours to

meet operational 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 for

positions not otherwise eligible, and the overtime pay must be calculated in a

manner approved by the Commission.

Conditions for overtime work compensation

(1) An employee who is eligible for compensation for overtime work under

Section 44

must be compensated for overtime work if the Deputy Head certifies, on a form

prescribed by the Commission, that the overtime work meets 1 of the following

criteria:

(

a) it was necessary and unforeseen;

(

b) it was foreseen, but beyond the control of the department and unable to be

conveniently or effectively performed during regular work hours by other

measures, including the employment of additional staff.

(2) An employee must work at least 20 minutes beyond their regular scheduled work

hours to be eligible for overtime compensation.

Types of compensation for overtime work

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

following:

(

a) overtime pay;

(

b) at the employee’s request and with the approval of the Deputy Head, time off

with pay in lieu of overtime hours.

(2) If time off with pay in lieu of overtime hours is not granted to and taken by an

employee before the end of the 2nd calendar month immediately following the

month in which the overtime was worked, the employee must be compensated for

the overtime work by overtime pay.

(3) If operational requirements permit, the Deputy Head may authorize an extension of

the time limit in subsection (2).

Calculation of overtime compensation

(1) In this Section, an employee’s 2nd or subsequent rest day is the 2nd or a

subsequent day 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 than

hours worked on their 2nd or subsequent rest day.

(

b) double time, for each hour of overtime an employee works on their 2nd or

subsequent 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

(1) If an employee is required to work 3 or more consecutive overtime hours

immediately following their scheduled hours of work and it is not practical for the

employee to take their usual mealtime before beginning overtime work, the

employee must be granted reasonable time with pay, as determined by the Deputy

Head, to take a meal break at or adjacent to their place of work at the following

times:

(

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 be

reimbursed up to $10.00 for the cost of a meal taken during a meal break described

in subsection (1) or (2).

Overtime work allocation and records

(1) Subject to operational requirements, the Deputy Head must make every reasonable

effort to do all of the following:

(

a) allocate overtime work on a fair and equitable basis among readily available

and qualified employees;

(

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

of the overtime required.

(2) Each department must keep the following records for each employee in the

department 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

in lieu of overtime pay, and the amount of compensation provided.

Merit Pay for Crown Attorneys and Legal Services Employees

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.

Commission may grant merit pay

(1) On the recommendation of the Deputy Head, the Commission may grant annual

merit pay for meritorious service to an employee.

(2) Merit pay under this

Section must be determined in accordance with policies

established by the Commission.

(3) Despite any other provision of these regulations, merit pay is not payable to an

employee under this

Section if the merit pay would result in the employee’s pay

rate being higher than the maximum pay rate available in their position’s current

classification.

Merit pay dates

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

their appointment date.

(2) An employee whose anniversary date changes in accordance with

Section 55 is not

eligible for their next merit pay until after 12 months of service from the date of

the change.

(3) The pay rate that results from merit pay granted to an employee is effective on the

employee’s anniversary date.

Merit pay may be withheld

(1) Merit pay may be withheld from an employee because of unsatisfactory work

performance.

(2) The Deputy Head must give an employee whose merit pay is withheld the reason

for withholding it in writing.

(3) Merit pay that has been withheld may be granted on the 1st day of any month after

the anniversary date on which it was withheld.

Determining anniversary date for merit pay

(1) Except as provided in

Section 55, an employee’s anniversary date is the

anniversary of the following applicable day:

(

a) if the employee’s appointment date is during the first 5 days of a calendar

month, the 1st day of that month;

(

b) if the employee’s appointment date is later than the 5th day of a calendar

month, the 1st day of the next month;

(2) The appointment date in subsection (1) for an employee who was employed in the

public service on a full-time basis other than as a civil servant in the same or a

similar position with the same department before their appointment, if there is no

break between the public service employment and the Civil Service appointment,

is the date the employee began employment in the public service.

When anniversary date changes

(1) On a reclassification of an employee’s position, the employee’s anniversary date

changes 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,

the 1st day of the next month.

(2) On the date of an employee’s promotion or demotion to a position in a different

classification, the employee’s anniversary date changes to the 1st day of the month

in which the promotion or demotion takes effect.

(3) On an employee’s temporary assignment with reclassification for 1 year or more to

a position in a classification with a higher maximum pay rate than the employee’s

present classification, the employee’s anniversary date changes to the 1st day of the

month in which the temporary assignment with reclassification takes effect.

(4) On an employee’s return to their original position after a temporary assignment

with reclassification, the employee’s anniversary date is re-established as the

anniversary date that was in effect immediately before the temporary assignment

with reclassification.

(5) Except as otherwise provided in these regulations, on an employee’s return from a

leave without pay, the employee’s anniversary date is moved later by an amount of

time equal to the amount of time spent on the leave without pay, and if the

resulting anniversary date does not fall on the 1st day of a month, it changes to the

1st day of the following month.

When anniversary date remains unchanged

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

circumstances:

(

a) the employee’s pay rate changes as a result of a negotiated increase or a

periodic pay review;

(

b) the employee is temporarily assigned with reclassification for less than 1 year

to a position in a classification with a higher maximum pay rate than the

employee’s present classification;

(

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

Merit Pay for Liability Management Employees, Medical Employees and

Excluded Classification Employees

Section 58 applies only to certain employees

Section 58 applies only to the following employees:

(

a) liability management employees;

(

b) medical employees;

(

c) excluded classification employees.

Commission may grant merit pay

(1) On the recommendation of the Deputy Head, the Commission may, on April 1 of

each year, grant merit pay for meritorious service to an employee.

(2) Subject to subsection (3), merit pay under this

Section must be determined in

accordance with policies established by the Commission.

(3) Despite any other provision of these regulations, merit pay is not payable to an

employee if the merit pay would result in the employee’s pay rate being higher

than the maximum rate available in their position’s current classification.

Part-time Employees

Calculating service for part-time employees

(1) A part-time employee’s service is prorated in accordance with the percentage of

hours required for full-time employment in the position that the employee worked

in the position part-time.

(2) A person’s total accumulated months of unbroken part-time service in a non-Civil

Service position in a department is deemed to be part-time service under these

regulations if the person became eligible for appointment to the Civil Service on or

after January 1, 1988, after having been employed in the non-Civil Service

part-time position.

Part-time employees’ benefit entitlement calculation

60 For the purpose of determining entitlement to vacation leave and a public service award, a

part-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-term

illness entitlement under

Section 85 is prorated in accordance with the percentage of

hours required for full-time employment in the position that the employee worked in the

position part-time.

Overtime pay for part-time employees

(1) A part-time employee who does not work shift work and who is eligible to be

compensated for overtime under

Section 44, must receive overtime compensation

for hours of work in excess of the following:

(

a) the number of full-time weekly hours for their position, if salary for their

position is paid weekly;

(

b) the number of full-time bi-weekly hours for their position, if salary for their

position is paid bi-weekly.

(2) A part-time employee who is scheduled for a shift of 7 or more hours must receive

overtime compensation for each hour the employee works in excess of the number

of hours in the scheduled shift.

(3) A part-time employee who works shift work and who is scheduled to work for less

than a full shift must receive overtime compensation for each hour the employee

works 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 the

number of days that would be required of a full-time employee in the same or an

equivalent position in the same work unit must be compensated for the hours

worked at the following rates:

(

a) the straight time rate, for days of work up to the number of days that would be

required of the full-time employee;

(

b) overtime compensation, for days of work in excess of the number of days that

would be required of the full-time employee.

Job-sharing Arrangements

Commission may authorize job-sharing arrangement

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

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

conditions are met:

(

a) operational requirements permit the arrangement;

(

b) the arrangement is not likely to adversely affect services provided by the work

unit.

Requirements for job-sharing arrangement

(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-sharing

arrangement.

(3) Both of the employees requesting a job-sharing arrangement must already be

permanent 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-sharing arrangement must share the same position classification and title, and

be suitably qualified and capable of carrying out the full-time duties and

responsibilities of the position to be shared.

(5) The Commission may consider job-sharing arrangements between employees with

different position classifications or titles on a case-by-case basis.

Request for job-sharing arrangement

(1) An employee who wishes to job-share their position is responsible for finding an

employee who meets the requirements in

Section 64 who is willing to enter into a

job-sharing arrangement.

(2) Employees requesting approval of a job-sharing arrangement must submit an

application to the immediate supervisor of the position to be job-shared, in a form

prescribed by the Commission.

Job-sharing period

(1) Except as provided in subsection (6), a job-sharing arrangement must be for an

initial period of at least 1 year and not longer than 2 years.

(2) Except as provided in subsection (6), employees who wish to extend their

job-sharing arrangement for a further period must notify the Commission of their

intent 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 be

extended.

(4) An extension of a job-sharing arrangement must be acceptable to both of the

employees in the position and to their supervisor.

(5) On the expiry of a job-sharing arrangement, the employees sharing the position

resume the positions they held before beginning the job-sharing arrangement.

(6) Proposed job-sharing arrangements that do not comply with the time limits in

subsection (1) and (2) may be considered by the Commission on a case-by-case

basis.

Hours of work and service credit under job-sharing arrangement

(1) An employee in a job-sharing arrangement must work half of the hours scheduled

for the position averaged over a maximum of 2 complete bi-weekly pay periods or,

if the Commission approves, averaged over a longer period.

(2) An employee in a job-sharing arrangement must be credited with half of a month’s

service for each calendar month of the job-sharing period.

(3) An employee in a job-sharing arrangement’s anniversary date for the purposes of

merit pay and service date for the purpose of vacation entitlement is the same as if

the employee were working on a full-time basis.

(4) The rate of compensation for overtime worked by an employee in a job-sharing

arrangement 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 under

Section 83, to a maximum of the equivalent of 9 days at the full-time hours

for the position;

(

c) short-term illness leave is provided at half of the entitlement provided for

under

Section 85, to a maximum of the equivalent of 50 days at the full-time

hours for the position;

(

d) paid leaves other than those described in clauses (

a) to (

c) are provided at half

of the entitlement provided for in these regulations.

Monthly allowances under job-sharing arrangement

68A An employee in a job-sharing arrangement in a position for which a monthly allowance is

payable under the Kilometrage Rates, Monthly Allowances and Transportation

Allowances Regulations made under the Act is entitled to half of the monthly allowance

that applies to their position.

Participating in benefit plans under job-sharing arrangement

(1) During a job-sharing period, employer and employee contributions to the Nova

Scotia Public Service Long Term Disability Plan are based on the regular salary

that was in effect for the employee before the job-sharing arrangement began, and

coverage under the plan is based on the regular salary the employee receives during

the job-sharing period.

(2) During a job-sharing period, employer and employee contributions to the Basic

Group Life Insurance Plan and coverage under the plan are based on half of the

regular full-time salary for the position.

Application of Public Service Superannuation Act under job-sharing arrangement

(1) An employee in a job-sharing arrangement continues to be covered by the Public

Service Superannuation Act.

(2) During a job-sharing period, an employee’s pensionable service is earned in

accordance with service accumulated under subsection 67(2), and their pensionable

earnings are based on the gross salary received for the period.

Terminating job-sharing arrangement

(1) If an employee leaves a job-shared position, the job-sharing arrangement

terminates and, except as provided in subsection (2), the remaining employee in

the job-shared position resumes the position they held before the job-sharing

arrangement began.

(2) The Commission may approve an arrangement that is acceptable to both the

remaining employee and the Commission as an alternative to that set out in

subsection (1).

(3) An employee in a job-sharing arrangement or the Commission may terminate the

arrangement by notifying the other parties in writing at least 60 calendar days

before the date they intend to terminate the arrangement.

Vacation Leave

Annual vacation leave entitlement

(1) Except as provided in subsections (2), (2A), (2B), (3), (3A) and (4), an employee is

entitled to receive vacation leave with pay at the following applicable rates:

(

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

of service;

(

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

(

c) after 168 months of service, at the rate of 2 1/12 days for each month of

service; and

(

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 168 months of service, at the rate of 1 2/3 days for each month

of service;

(

b) after 168 months of service, at the rate of 2 1/12 days for each month of

service; 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 days

for each month of service during their first 168 months of service if all of the

following apply:

(

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

(

b) the employee has at least 5 and up to 14 years of full-time service

accumulated through non-civil-service employment before their appointment;

(

c) the employee was entitled to at least 20 days of annual vacation leave with

pay with their place of employment immediately before their appointment;

(

d) the employment referred to in clause (

c) ended within the 180 days

immediately before the employee’s appointment date.

(2B) An employee is entitled to receive vacation leave with pay at the rate of 2 1/12

days for each month of service during their first 288 months of service if all of the

following apply:

(

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

(

b) the employee has more than 14 years of full-time service accumulated through

non-civil-service employment before their appointment;

(

c) the employee was entitled to at least 25 days of annual vacation leave with

pay with their place of employment immediately before their appointment;

(

d) the employment referred to in clause (

c) ended within the 180 days

immediately before the employee’s appointment date.

(2C) Before granting an employee vacation leave under subsection (2A) or (2B), the

employer must obtain proof of the employee’s annual vacation entitlement in their

previous place of employment.

(3) Subject to subsection (4), an employee who transferred to the Civil Service from a

CFS agency is entitled to vacation leave with pay in the amount the employee was

entitled to immediately before their transfer to the Civil Service, if all of the

following apply:

(

a) the employee is entitled to more vacation leave under this subsection than

under 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 Civil

Service employment.

(3A) Subject to subsection (4), an employee who transfers to the Civil Service under the

Shared Services Act is entitled to vacation leave with pay in the amount the

employee was entitled to immediately before their transfer to the Civil Service, if

all of the following apply:

(

a) the employee is entitled to more vacation leave under this subsection than

under subsection (1);

(

b) the employee’s employment with the employer they transferred from to the

Civil Service under the Shared Services Act is consecutive with their

appointment to the Civil Service.

(4) An employee’s vacation leave entitlement under subsection (2A), (2B), (3) or (3A)

must not be increased until their vacation leave entitlement under that subsection is

the same as the leave they would be entitled to under subsection (1).

under subsection (1) for an employee who transferred to the Civil Service under

the terms of the Employee Transfer Agreement signed November 25, 2008, under

the Canada-Nova Scotia Labour Market Agreement signed on June 13, 2008.

(6) Except as provided in Sections 74 and 75, vacation leave entitlement must be used

during the fiscal year in which it is earned.

Vacation leave approval

(1) As soon as possible in each fiscal year and before March 31 or such later date as is

acceptable to the Deputy Head, an employee must notify the Deputy Head in

writing of 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 reasonable

effort to ensure that an employee’s preferred vacation leave as stated in their

written notice is granted, including any request to take their vacation leave in a

single unbroken period of leave.

(4) If the Deputy Head is unable to accommodate an employee’s preferred vacation

leave, 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

employee requests.

(5) If the Deputy Head has to restrict the number of employees on vacation leave at

any one time because of operational requirements in a work unit, priority must be

given to employees in the work unit with the greatest length of service.

Carry-over of vacation leave entitlement

(1) An employee may carry over all of the following vacation leave entitlement as

specified:

(

a) up to a maximum of 5 days of vacation leave entitlement, which must be

taken in the next fiscal year or the entitlement lapses;

(

b) with the Deputy Head’s consent, up to a maximum of 5 days of vacation leave

entitlement each year, to a maximum accumulation of 20 days.

(2) A request for carry-over of vacation leave entitlement under clause (1)(

b) must be

made in writing by the 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 take

the vacation leave they are entitled to during a fiscal year because of illness or

injury or pregnancy, parental or adoption leave may carry over their unused

vacation leave entitlement to the subsequent fiscal year.

(4) An employee who transferred to the Civil Service under the terms of the Employee

Transfer Agreement signed November 25, 2008 under the Canada-Nova Scotia

Labour Market Agreement signed on June 13, 2008, may carry over any earned but

unused portion of their 2009-2010 vacation leave entitlement to a maximum of 3

month’s entitlement, but the carried over vacation leave entitlement must be used

before 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

of 5 days of vacation leave entitlement from vacation leave entitlement to be earned in the

next fiscal year for use in the current fiscal year.

Recall from vacation leave

(1) The Deputy Head must make every reasonable effort not to recall an employee to

work while the employee is on vacation leave.

(2) An employee who is recalled to work while they are on vacation leave must be

reimbursed 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 immediately

resumes their vacation leave upon completing the assignment for which they

were 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

the employee 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 for

short-term illness leave under these regulations must be granted short-term illness leave

and their vacation entitlement restored to the extent of the sick leave.

Vacation leave entitlement compensation upon leaving Civil Service

(1) On leaving the Civil Service, an employee must be compensated for any vacation

leave entitlement the employee still has.

(2) Except as provided in subsection (3), on leaving the Civil Service, an employee

must compensate the Province for any vacation leave that was taken that the

employee had not earned.

(3) An employee who dies who was granted more vacation leave than they earned is

deemed to have earned the amount of vacation leave granted to them.

Holidays

Designated holidays

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

(

a) New Year’s Day;

(aa) Nova Scotia Heritage Day;

(

b) Good Friday;

(

c) Easter Monday;

(

d) Victoria Day;

(

e) Canada Day;

(

f) Labour Day;

(fa) Truth and Reconciliation 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 that

there is a date recognized as a civic holiday in the area in which the

employee is employed, or

(ii) the first Monday in August, if the Commission considers that there is no

date recognized as a civic holiday in the area in which the employee is

employed;

(

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 for

employees 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-hour period beginning at 12:01 a.m. of the holiday.

(3) The period covered by a holiday for an employee who works shift work is the

24-hour period beginning at the time their shift begins if both of the following

conditions 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

(1) If a holiday coincides with an employee’s rest day, the Deputy Head must grant the

employee a day of leave with pay or in the case of Christmas Eve a half-day leave

with 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

count as a day of leave with pay.

(3) An employee who does not work on a holiday does not receive pay for the holiday

if they are absent without pay on the working day immediately before the holiday

and on the working day immediately after the holiday.

Types of compensation for work on holiday

(1) An employee who is regularly scheduled to work and whose regularly scheduled

day of work falls on a holiday must be compensated at 2.5 times the employee’s

straight time 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 the

holiday, which includes pay for the holiday; and

(

b) time off in lieu of the holiday to be taken before the end of the calendar month

immediately following the month in which the holiday falls, at a time that is

acceptable 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), the

employee must be paid their straight time rate for the holiday.

Compensation for overtime work on a holiday

(1) An employee who is required to work overtime on a holiday must be compensated

for the overtime worked on the holiday at a rate of 3 times the employee’s straight

time 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

must be taken before the end of the calendar month immediately following the

month in which the holiday falls, at a time that is acceptable to both the Deputy

Head and the employee.

(3) An employee who is not entitled to pay for overtime work who is required by the

Deputy Head or an authorized person to work on a holiday may, with the approval

of the Deputy Head, be granted a day off with pay in lieu of the holiday.

Health-Related Leave

General illness leave entitlement

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

who is

(

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

consecutive working days.

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

fiscal year.

(3) The amount of general illness leave an employee who is appointed after April 1 is

entitled to must be prorated in accordance with the service the employee

accumulates between 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

fiscal year, regardless of the amount of general illness leave the employee used in

the previous fiscal year.

Medical and dental care leave

(1) As part of an employee’s general illness leave entitlement, an employee is entitled

to paid leave to engage in personal preventive medical and dental care to a

maximum of 4 days per fiscal year.

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

illness leave.

Short-term illness leave entitlement

(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

consecutive working days.

(2) An employee is entitled to short-term illness leave at full or part pay per incident of

short-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 they

are 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 they

are absent, and

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

are absent.

under subsection (2) for an employee who transferred to the Civil Service under

the terms of the Employee Transfer Agreement signed November 25, 2008, under

the Canada-Nova Scotia Labour Market Agreement signed on June 13, 2008.

(4) Sick leave credits accumulated under

Section 60 of the general regulations

respecting the 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

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.

(6) If an incident of short-term illness continues from one year of employment to the

following year of employment, the short-term illness leave must be granted in

accordance with the provisions of subsection (1) that apply during the year in

which the short-term illness began.

(7) For the purpose of calculating benefits and contributions under benefit plans, an

employee on short-term illness leave is deemed to be on 100% salary, or another

percentage in accordance with federal or Provincial statutes.

Time off for ongoing series of treatments or therapy

(1) Time off taken by an employee for treatments or therapy sessions in a scheduled

ongoing 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 more

treatments or therapy sessions with the time between successive sessions being not

longer than 30 days.

Subsequent sick leave after short-term illness leave

(1) Sick leave taken by an employee who becomes unable to work because of an

illness or injury during the first 30 consecutive working days following their return

to work after 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 that

caused the previous absence, the employee is deemed to be on a new leave

and is entitled to any remaining general illness leave benefits under

Section 83

and, if it becomes necessary, short-term illness leave benefits under

Section

(2) Sick leave taken by an employee who becomes unable to work because of an

illness or injury after working 30 consecutive working days following their return

to work after 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 entitled

to 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 under

subsection (3), the employee is deemed to still be on the original short-term

illness leave.

(3) A trial period for an employee returning to work after a short-term illness leave

must be 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 days

following their return to work under subsection (1) or (2), the leave days must not

be considered in the 30 consecutive working day count.

Long-term disability benefit coverage

88 An employee’s eligibility for long-term disability benefits must be determined in

accordance with the Nova Scotia Public Service Long Term Disability Plan.

Benefit coverage upon termination without cause

(1) Except as provided in subsection (2), an employee who is terminated without

cause under

Section 25 of the Act is not entitled to leave or benefits for an illness

or disability including any reoccurrence of an illness or disability that begins after

the effective date of the termination.

(2) An employee on short-term illness leave who is terminated without cause under

Section 25 of the Act continues to be eligible for both short-term illness and long-term disability benefits until the termination of the illness or disability entitlement.

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 in

any 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

(1) The Deputy Head may require an employee to produce proof of their illness in the

form of a certificate from a legally qualified medical practitioner for any absence

for which the employee claims sick leave.

(2) An employee claiming sick leave for an absence from work who does not produce

a proof of illness certificate when required must not be paid for their time during

the absence.

(3) If the Deputy Head believes that an employee is misusing their sick leave

entitlement, the Deputy Head may issue a standing directive to the employee

requiring the employee to produce a proof of illness certificate for any absence the

employee claims sick leave for.

(4) The Deputy Head may require that an employee be examined by an alternate

licensed healthcare practitioner selected by the Deputy Head in addition to the

legally qualified medical practitioner who signed a proof of illness for an

employee.

(5) If an employee is dissatisfied with an alternate licensed healthcare practitioner

selected by the Deputy Head under subsection (4), the employee must advise the

Deputy Head and the Deputy Head must provide the employee with the names of 3

licensed healthcare practitioners or, if not possible, as many names as possible and

the employee must select one.

(6) If the Deputy Head refers an employee to an alternate licensed healthcare

practitioner under subsection (4) and the employee is charged fees by the

healthcare practitioner that exceed those covered by the M.S.I. Plan under the

Health Services and Insurance Act , the Deputy Head must pay the cost of the

excess fees.

92 [repealed]

Reduction in sick leave

93 If an employee is on paid sick leave and is receiving pay from the Workers’

Compensation Board because of a claim that arises from the same incapacity for which

the sick leave was granted, the employee’s sick leave pay must be reduced by the amount

paid by the Workers’ Compensation Board.

Deemed status during sick leave

94 Subject to the terms under which the leave was granted, an employee who is on sick

leave is deemed to be continuously employed during their leave.

Injury while working

(1) An employee who is injured while working must immediately report the injury, or

cause it to be reported, to their immediate supervisor in the manner specified by the

employer 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

(1) If the Workers’ Compensation Board determines that an employee is unable to

perform their duties because of an injury the employee received while working, the

Deputy Head must grant the employee injury on duty leave, and must pay the

employee an amount equal to the employee’s net average pre-disability salary for

the period specified by the Workers’ Compensation Board.

(2) An employee who is injured while working and is receiving pay from the Workers

Compensation Board must disclose to the employer any benefits under the Canada

Pension Plan (Canada) and its regulations or other publicly funded third-party

payments received by the employee that relate to employment and disability.

(3) Any amount received by an employee under subsection (2) that is intended as a

partial earnings loss replacement must be deducted from the amount to be paid by

the Deputy Head under subsection (1).

(4) Pay for injury on duty leave must not result in an employee’s post-injury loss

replacement 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 they

sustained while working as an employee,

(

a) for a person who is still an employee, the employer must accept liability for

the recurrence in accordance with these regulations;

(

b) for a person who has ceased to be an employee, the person receives benefits in

accordance with the Workers’ Compensation Act .

(6) To determine whether a disability is a recurrence under subsection (5), the

employer may require that an employee or former employee be examined by an

alternate licensed healthcare practitioner of the employer’s choice.

(7) If an employee is dissatisfied with an alternate licensed healthcare practitioner

selected by the employer under subsection (6), the employee must advise the

employer and the employer must provide the employee with the names of 3

licensed healthcare practitioners or, if not possible, as many names as possible and

the employee must select one.

(8) If the employer refers an employee to an alternate licensed healthcare practitioner

under subsection (6) and the employee is charged fees by the healthcare

practitioner that exceed those covered by the M.S.I. Plan under the Health Services

and Insurance Act , the employer must pay the cost of the excess fees.

Notices for Pregnancy, Parental and Adoptive Leaves

Notice of pregnancy, parental or adoptive leave

(1) An employee must notify the Deputy Head in writing of the following at least 4

weeks before the employee begins their pregnancy leave and/or parental leave

and/or adoptive 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

of their 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

in their leave notice under subsection (1) must amend the notice to change the date

in accordance with the following deadlines:

(

a) to change any date in the notice to an earlier date, the notice must be amended

at least 4 weeks before the earlier date;

(

b) to change any date in the notice to a later date, the notice must be amended at

least 4 weeks before the original date;

(

c) to add the date on which they intend to return to work, the notice must be

amended at least 4 weeks before the date the employee would have been

required to return to work.

(3) If the notice under subsection (1) is for pregnancy leave and if it is not possible for

an 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 of the following dates:

(

a) the date on which the employee intends to begin their pregnancy leave, if they

are advised by a legally qualified medical practitioner to begin the pregnancy

leave earlier than planned because of medical circumstances resulting from

the pregnancy;

(

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

Certificate establishing adoption leave entitlement to accompany notice

98 A notice of adoptive leave must be accompanied by a certificate of an official in the

Department of Community Services to establish the employee’s entitlement to the

adoption leave.

Pregnancy Leave

Entitlement to pregnancy leave and notice of pregnancy

(1) An employee who is pregnant is entitled to pregnancy leave without pay to a

maximum of 16 weeks.

(2) An employee must submit a notice of pregnancy in writing to the Deputy Head no

later than the beginning of the 5th month of their pregnancy.

(3) Before approving pregnancy leave, the Deputy Head may request that an employee

provide a certificate from a legally qualified medical practitioner stating that the

employee is pregnant and specifying the expected date of delivery.

Date pregnancy leave begins

(1) Except as provided in subsection (2), an employee’s pregnancy leave begins on a

date determined by the employee, but must not begin earlier than 16 weeks before

the 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

at anytime during their pregnancy in any of the following circumstances:

(

a) the duties of the employee’s position cannot reasonably be performed by a

pregnant employee;

(

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

pregnancy.

SEB Plan allowance for employee on pregnancy leave

(1) An employee who is entitled to pregnancy leave who provides the Deputy Head

with proof that they have applied for and are eligible to receive EI benefits must be

paid the following 7-week allowance during their leave, in accordance with the

SEB Plan:

before the employee begins receiving EI benefits, payment in an amount equal

to 75% of their weekly pay rate, less any other income received by the

employee during the waiting period;

(aa) for an employee who has served the waiting period in clause (a), 1 additional

payment in an amount equal to the difference between the weekly EI benefits

the employee is eligible to receive and 93% of their weekly pay rate, less any

other income received by the employee that would result in a decrease in the

employee’s EI benefits;

(

b) for up to 5 weeks after the 1-week waiting period in clause (

a) and receipt of

the additional payment in clause (aa), payment in an amount equal to the

difference between the weekly EI benefits the employee is eligible to receive

and 93% of their weekly pay rate, less any other income received by the

employee during the additional weeks that would result in a decrease 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 the

employee is entitled to on the day immediately before their pregnancy leave

begins;

(

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 of

hours worked, as calculated for the purposes of accumulating service and

averaged over the 26 weeks immediately before their pregnancy leave begins,

by the number of regularly scheduled full-time hours of work for the

employee’s classification.

(3) If an employee becomes eligible for merit pay or [a] pay increase while they are

receiving a pregnancy leave allowance, payments to the employee under the SEB

Plan must be adjusted accordingly.

(4) If an employee who is on pregnancy leave’s annual income exceeds 1.5 times the

maximum yearly insurable earnings under the Employment Insurance Act

(Canada), the employer must not reimburse the employee for any amount they are

(5) Nothing in this

Section prohibits an employee who is entitled to a pregnancy leave

allowance under this

Section from also being eligible for parental leave allowance

under

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 child

or children is entitled to parental leave without pay to a maximum of 78 weeks.

Medical certificate establishing parental leave entitlement

103 The employer may require an employee who takes parental leave to submit a certificate of

a legally qualified medical practitioner to establish the employee’s entitlement to the

parental leave.

Dates parental leave begins and ends

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

follows:

(

a) parental leave begins immediately after the date the employee’s pregnancy

leave 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 no

later than 62 weeks after the parental leave began.

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

ends as follows:

(

a) parental leave begins on the date their child or children are born, or on a later

date determined by the employee;

(

b) parental leave ends on a date determined by the employee, but must end no

later than 78 weeks after the child or children arrive in the employee’s home.

Deferral of parental leave while child in hospital

(1) If the child of an employee who is on parental leave for that child is hospitalized or

is likely to be hospitalized for longer than 1 week, the employee is entitled to

return to work and defer the unused portion of their parental leave until the child is

discharged 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 under subsection (1).

(3) An employee is entitled to only 1 interruption and deferral under this

Section

during a parental leave.

SEB Plan allowance for employee on parental leave

(1) An employee who is entitled to parental leave and who provides the Deputy Head

with proof that the employee has applied for and is eligible to receive EI benefits

must be paid the following allowance during their leave in accordance with the

SEB Plan:

before receiving EI benefits, payment in an amount equal to 75% of their

weekly pay rate for each week of the waiting period, less any other income

received by the employee during the waiting period;

(

b) for an employee who has served the waiting period in clause (a), 1 additional

payment in an amount equal to the difference between the weekly EI benefits

the employee is eligible to receive and 93% of their weekly pay rate, less any

other income received by the employee that would result in a decrease in the

employee’s EI benefits;

(

c) for up to 10 weeks after the EI waiting period in clause (

a) and receipt of the

additional payment in (b), as follows:

(

i) for an employee receiving standard EI parental benefits, payments in an

amount equal to the difference between the weekly standard EI benefits

the employee is eligible to receive and 93% of their weekly pay rate,

less any other income received by the employee during the additional

weeks that would result in a decrease in the employee’s EI benefits,

(ii) for an employee receiving extended EI parental benefits, payments in an

amount equal to the difference between the weekly standard EI benefits

the employee is eligible to receive and 93% of their weekly pay rate,

less any other income received by the employee during the additional

weeks that would result in a decrease 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 the

employee is entitled to on the day immediately before their parental leave

begins;

(

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 of

hours worked, as calculated for the purposes of accumulating service and

averaged over the 26 weeks immediately before their parental leave begins, by

the number of regularly scheduled full-time hours of work for the employee’s

classification.

(3) If an employee becomes eligible for merit pay or [a] pay increase while they are

receiving a parental leave allowance, payments to the employee under the SEB

Plan must be adjusted accordingly.

(4) If an employee who is on parental leave’s annual income exceeds 1.5 times the

maximum yearly insurable earnings under the Employment Insurance Act

(Canada), the employer must not reimburse the employee for any amount they are

Adoption Leave

Adoption leave entitlement

107 An employee who has become a parent of 1 or more children through an adoption under

the laws of the Province is entitled to adoption leave without pay up to a maximum of 78

weeks.

Dates adoption leave begins and ends

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

(

a) except as provided in subsection (2), adoption leave begins on the date the

adopted child or children first arrive in the employee’s home;

(

b) adoption leave ends on a date determined by the employee, but must end no

later than 78 weeks after the adoption leave began.

(2) For an international adoption, an employee’s adoption leave may begin when the

employee arrives in the child’s native country to complete the adoption.

SEB Plan allowance for employee on adoption leave

Section 106 respecting a SEB Plan allowance for an employee who is entitled to parental

leave applies with the necessary changes in detail to an employee who is entitled to

adoption leave.

Benefit Coverage, Service Accumulation, Leave for Illness and Return to

Work during Pregnancy, 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 leave

continues in accordance with Sections 12 to 17 on the same basis as existed immediately

before the leave began.

Accumulation of service during pregnancy, parental and adoptive leave

(1) Subject to subsection (2), an employee continues to accumulate service during the

employee’s pregnancy, parental or adoptive leave, and the service is deemed to be

continuous.

(2) Service accumulated during pregnancy, parental or adoptive leave must not be

included when calculating vacation leave entitlement.

(3) When calculating vacation leave entitlement for an employee who has taken

pregnancy, parental or adoptive leave, 1 month of service must be credited to an

employee who does not receive salary for a total of 17 days or more during the first

and 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 pregnancy

and that occurs before the start or after the end of the employee’s pregnancy leave must

be granted to the employee in accordance with the provisions in these regulations for

general illness 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 resumes

work in the position they held before beginning the leave, with no loss of benefits accrued

to 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, which

may be divided into 2 periods and granted on separate days.

Leave for adopting entitlement

(1) An employee is entitled to 1 day leave with pay for the purpose of adopting under

the laws of the Province.

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

(3) [repealed]

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 for

a 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 by

another person.

Family illness leave entitlement

(1) In this Section, “family member” in relation to an employee means any relative of

the 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

days per fiscal year in any of the following circumstances:

(

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

the employee;

(

b) a relative of the employee who permanently resides with the employee is

receiving preventative medical or dental care and requires the presence or

support of the employee while receiving the care.

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

to family illness leave.

Compassionate Leave and Bereavement Leave

Deputy Head may grant compassionate leave

(1) In this

Section and

Section 119, “family member” means family member as

defined in clause 60E(1)(

b) of the Labour Standards Code .

(2) An employee is entitled to a compassionate leave without pay to a maximum of 28

weeks 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

certificate from a legally qualified medical practitioner stating that their family

member has a serious medical condition with a significant risk of death in the next

26 weeks.

(4) Compassionate leave that extends beyond the period of 26 weeks referred to in

subsection (3) does not require an additional certificate from a legally qualified

medical practitioner.

Compassionate leave period

(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 by

subsection 118(3) is issued;

(

b) the 1st day of the calendar week in which the employee begins their absence

from 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 in

which the earlier of the following events occurs:

(

a) the family member dies;

(b) 52 weeks has passed since the 1st day of the leave period.

Benefit plan coverage continues during compassionate leave

120 An employee’s benefit plan coverage during their compassionate leave continues in

accordance with Sections 12 to 17 on the same basis as existed immediately before the

compassionate leave began.

Return to work after compassionate leave

121 An employee who returns to work after compassionate leave resumes work in the position

they held before beginning the compassionate leave, with no loss of benefits accrued to

the beginning of the compassionate leave.

Bereavement leave

(1) An employee is entitled to a bereavement leave with pay up to a maximum of 5

consecutive working days when any of the following members of the employee’s

family 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

day when 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.

(2A) In addition to the bereavement leave granted under subsection (2), an employee is

entitled to a bereavement leave without pay up to a maximum of 4 days when any

of the following relatives of the employee dies:

(

a) the employee’s brother-in-law;

(

b) the employee’s sister-in-law.

(2B) For the death of an employee’s legal guardian for which bereavement leave is not

otherwise provided for in subsections (1) to (2A), an employee is entitled to a

bereavement leave without pay up to a maximum of 5 days.

(3) An employee taking bereavement leave under subsection (2) who has to travel

because of the death may be granted leave with pay up to a maximum of 2 days for

days when the employee has to travel, if the days are not regularly scheduled days

of rest.

(4) Except as provided in subsection (4A), an employee’s entitlement to bereavement

leave expires after 7 calendar days, beginning midnight on the day immediately

following the death.

(4A) To accommodate a burial or service that takes place later than the period specified

in subsection (4), an employee may, with prior approval from the Deputy Head,

defer a portion or all of their bereavement leave to a later date that is up to a year

after the date of death.

(5) To claim leave as bereavement leave, an employee must notify the Deputy Head

before taking the leave.

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

from their bereavement leave entitlement.

Domestic violence leave

122A An employee experiencing domestic violence is entitled to 3 days of paid leave, which

may be taken continuously or intermittently in days or hours, as needed.

Critically ill child care leave

122B An employee is entitled to an unpaid leave of absence of up to 37 weeks in accordance

with Sections 60K to 60S of the Labour Standards Code to provide care or support to a

critically ill child if the employee is a family member of the critically ill child as defined

in the General Labour Standards Code Regulations .

Critically ill adult care leave

122C An employee is entitled to an unpaid leave of absence of up to 16 weeks in accordance

with Sections 60SA to 60SG of the Labour Standards Code to provide care or support to

a critically ill adult if the employee is a family member of the critically ill adult as

defined in the General Labour Standards Code Regulations .

Crime-related child death leave

122D An employee is entitled to an unpaid leave of absence of up to 104 weeks in accordance

with Sections 60T, 60U, 60W and 60X of the Labour Standards Code if the employee is

the parent of a child who dies and it is probable, considering the circumstances, that the

child died as the result of a crime.

Crime-related child disappearance leave

122E An employee is entitled to an unpaid leave of absence of up to 52 weeks in accordance

with Sections 60T, 60V, 60W and 60X [of] the Labour Standards Code if the employee

is the parent of a child who disappears and it is probable, considering the circumstances,

that the child disappeared as the result of a crime.

Court Leave, Military Leave and Volunteer Firefighter and

Ground Search and Rescue Leave

Court leave entitlement

(1) An employee, other than an employee who is on leave without pay or under

suspension, is entitled to court leave with pay when the employee is required to do

any 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

law to 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) is deemed 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 an

employee;

(

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

Military leave

(1) If operational requirements permit, the Deputy Head may grant military leave with

pay to a maximum of 2 weeks for an employee to take military training or serve

military duty.

(2) Except as provided under subsection (3), the salary of an employee who is granted

military leave must be reduced by an amount equal to the amount paid by the

Department of National Defense to the employee as salary during the period of

training or duty.

(3) An employee who uses vacation leave to take military training or serve military

duty must 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 consideration

to granting leave with pay to an employee who

(

a) is a member of a volunteer fire department or ground search and rescue

organization in the Province; and

(

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

Special Leave

Deputy Head may grant special leave

124B In any one fiscal year, the Deputy Head may grant special leave with pay, special leave

with partial pay or special leave without pay to an employee for any period and under

any terms that the Deputy Head determines circumstances warrant.

Reduction in special leave pay

124C Special leave pay received by an employee who is receiving pay from the Workers’

Compensation Board because of a claim that arises from the same incapacity for which

the special leave was granted must be reduced by the amount paid by the Workers’

Compensation Board.

Deemed status during special leave

124D Unless the terms under which the leave was granted provide otherwise, an employee

who is on special leave is deemed to be continuously employed during their leave.

Prepaid Leave Plan

Employee may apply to participate in prepaid leave plan

(1) A full-time permanent employee may apply to participate in a prepaid leave plan

that is financed through a deferral of their salary to take prepaid leave for the

following length of time:

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

(

b) if the leave is for the purpose of full-time attendance at a designated

educational institution, as defined under the Income Tax Act (Canada), 3

consecutive months or longer up to a maximum of 12 months.

(2) An application for approval to participate in a prepaid leave plan must be made in

writing 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

is approved and of the reasons for a rejection no later than 2 calendar months after

the date the application under subsection (2) is made.

(4) The Deputy Head must not unreasonably withhold approval of participation in a

prepaid leave plan.

Written agreement for prepaid leave plan

126 Before enrolling in a prepaid leave plan, an employee who has been approved to

participate in a prepaid leave plan must enter into a written agreement with the Deputy

Head setting out the terms of the employee’s participation in the plan.

Salary and benefits during deferral period

(1) The salary of an employee who is participating in a prepaid leave plan is deferred

during the period specified in their agreement, in accordance with all of the

following:

(

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 the

agreement, to a maximum of 33 1/3 % in any 1 year;

(

c) the employer must retain the deferred percentage of the employee’s salary,

plus accrued interest earned during the deferral period, for payment to the

employee during their prepaid leave;

(

d) the interest to be paid on the deferred salary must be calculated monthly at an

interest rate that is the average of all of the following paid by the financial

institution where the deferred salary account is maintained and in effect on the

last 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’s

account and must be credited to the account on the 1st day of the next month;

(2) The employer must give a yearly statement of the amount of deferred salary

available under a prepaid leave plan, including interest earned, to an employee

whose salary is being deferred.

(3) While an employee’s salary is being deferred under a prepaid leave plan, the

employee’s benefit plan participation continues on the same basis as if the

employee had 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 constitute

salary and are subject to withholding for income taxes and for premiums payable when

the salary is paid under the Canada Pension Plan (Canada) and its regulations.

Service and service-related benefits during prepaid leave period

(1) Service and pensionable service continue to accumulate on the same basis while an

employee is on prepaid leave.

(2) Service accumulated by an employee on prepaid leave must not be credited for

vacation 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

(1) Subject to subsection (2), while an employee’s salary is being deferred and while

the employee is on prepaid leave, the employee’s benefit plan participation

continues on the 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 and

employee’s premiums under all benefit plans, other than the Public Service

Superannuation Plan, and deductions from the employee’s salary must be made to

pay for the premiums.

(3) An employee’s participation in the Public Service Superannuation Plan, continues

as if the employee had not enrolled in the prepaid leave plan.

Return to work after prepaid leave

(1) Subject to subsection (2), an employee who returns to work after prepaid leave

must return to regular full-time employment with the employer for a period at least

equal to the period of leave and in the position the employee held before beginning

the leave.

(2) If an employee’s position no longer exists at the end of their prepaid leave, the

employee is deemed to be terminated without cause and the provisions of these

regulations respecting termination without cause apply.

Withdrawing from or terminating prepaid leave plan

(1) An employee who experiences unusual or extenuating circumstances, including

financial hardship, serious illness or disability, or death or serious illness in the

employee’s family may withdraw from a prepaid leave plan by writing to the

Deputy Head and detailing the reasons for their withdrawal.

(2) An employee who withdraws from a prepaid leave plan must be paid, no later than

60 days after the date of withdrawal, a lump sum payment equal to the balance in

the employee’s deferred salary account.

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

employment is terminated.

(4) If an employee dies while participating in a prepaid leave plan, the balance in the

employee’s deferred salary account must be paid to the employee’s estate no later

than 2 bi-weekly pay periods after the date the Department of Finance receives

notice of the employee’s death.

Employee Development

Access to employee development opportunities

133 The Deputy Head must, in accordance with the Commission’s policies, give an employee

access to employee development opportunities that are intended to improve the

employee’s capabilities and serve the interest of the employer.

Leave granted for employee development

(1) The Deputy Head may grant leave with or without pay for an employee to

participate in employee development in accordance with the Commission’s

policies.

(2) If operational requirements permit, the Deputy Head must grant an employee leave

with pay to allow the employee to write examinations for courses that have been

previously approved by the employer.

Public Service Award

[Definition of “discontinuation date”]

134A In Sections 135 to 137, “discontinuation date” means August 11, 2015.

Eligibility for public service award

(1) Except as provided in subsection (2), an employee who retires or resigns from the

Civil Service who is immediately eligible for and immediately accepts a pension

under the Public Service Superannuation Act must be granted a public service

award in an amount equal to 1 week of pay at their weekly pay rate on the last day

of employment immediately before retirement or resignation for each full year of

service as of the discontinuation date to a maximum of 26 years of service, and

payment for any partial year of service prorated on the basis of the employee’s

number of months of service in that year up to the discontinuation date.

(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 under

subsection 146(1);

(

b) an employee who begins employment with the Civil Service after the

discontinuation date;

(

c) a person reappointed to the Civil Service after the discontinuation date,

regardless of whether they have prior service which would otherwise entitle

them to an award;

(

d) an employee who, as part of the service payout in 2018, elected to and

received a payment in lieu of their public service award for service accrued to

the discontinuation date.

(3) [repealed]

Salary amount used in calculation of public service award

136 In calculating the amount of a public service award under

Section 135, an employee’s

weekly 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 on the last

day of employment immediately before retirement or resignation;

(b) 1 week of the bi-weekly pay rate that the employee would be entitled to if

paid the salary that is used to calculate their pension under the Public Service

Superannuation Act on the last day of employment immediately before

retirement or resignation.

Service used in calculation of public service award

137 (1) [repealed]

(2) Despite

Section 18, the public service award entitlement of an employee who was

appointed before January 1, 1975, is based on the longer of the following periods

of service:

(

a) the period of service credited to them and paid for by them under the Public

Service Superannuation Act , up to the discontinuation date;

(

b) the period of service calculated under

Section 18, up to the discontinuation

date.

(3) Months of non-Civil Service employment, up to the discontinuation date, in a CFS

agency or a municipal correctional facility listed in

Schedule B is included as

service for calculating the amount of an employee’s public service award

entitlement only if the employee’s former employer did not provide or is not

obligated to provide the employee with a comparable service award or severance

payment based on employment service with the former employer.

(4) If an award or payment to an employee from a former employer referred to in

subsection (3) has been paid or is payable at a future date, the amount of the

employee’s public service award must be reduced by the amount of the award or

payment.

(5) For an employee who retires or resigns from the civil service and is subsequently

reappointed to the civil service, months of service used under

Section 18 and this

Section to grant a public service award to the employee are not included when

calculating the amount of a subsequent public service award granted to the

employee upon retirement or resignation from the reappointed position.

(6) For an employee who is laid-off [laid off] from the civil service and receives

severance allowance and who is subsequently reappointed to the Civil Service

before the discontinuation date, the months of service used in the calculation of

severance allowance under

Section 146 are not included when calculating the

amount of any subsequent public service award granted to the employee upon

retirement or resignation from the reappointed position.

Entitlement to public service award on death of employee

(1) An employee who dies but who would have been entitled to receive a public

service award if the employee had retired from the public service at the time they

died, is entitled to the public service award they would have received if they had

retired at the time of their death.

(2) Subject to subsection (3), the public service award of an employee who dies must

be paid to their beneficiary under the Master Group Life Insurance Plan or to their

estate if there is no beneficiary.

(3) A public service award must be paid to a person specified by the Governor in

Council as trustee if the person to whom the public service award is payable under

subsection (2) is

(

a) younger than 19 years ol