jswizzle3737/ontario_laws_and_regs huggingface dataset:
20. (1) Where a deputy minister grants to a civil servant in his or her ministry leave of absence for the purpose of participating in a staff development program, (a) that is not conducted by a ministry or by the Commission; (b) that requires more than six weeks absence from employment; and (c) that, in the opinion of the deputy minister, will provide the civil servant with skills or knowledge of value to the ministry although not essential to the performance of the duties of the civil servant, the leave of absence must be for a period not exceeding twelve months and without pay or accumulation of credits.  R.R.O. 1990, Reg. 977, s. 20 (1). (2) A deputy minister who grants to a civil servant leave of absence under subsection (1) may authorize either or both of, (a) payment by the ministry of an amount equal to all or part of the tuition fees and all or part of any other expenses specified by the deputy minister in connection with the participation of the civil servant in the program; and (b) the granting by his or her ministry of a repayable award to the civil servant in an amount that, when added to any bursary or scholarship received by the civil servant in respect of the program, does not exceed the annual salary of the civil servant.  R.R.O. 1990, Reg. 977, s. 20 (2). (3) A repayable award mentioned in clause (2) (b) shall be made on the following basis: 1. No interest may be charged on the award, unless repayment is required under paragraph 3. 2. Repayment of the award shall not be required if the civil servant returns to work in the civil service on or before the expiry of the leave of absence and works as a civil servant for a period of time equal to that percentage of a year calculated by multiplying by two the percentage of the civil servant’s annual salary that is equal to the amount of the award. 3. If the civil servant does not work for the period of time referred to in paragraph 2, the award shall become due and repayable on the day he or she ceases to be a civil servant, but the principal amount repayable shall be reduced in proportion to the period of time that he or she worked in the civil service after the expiry of the leave of absence. 4. When an award becomes due and repayable, interest is due and payable on the outstanding principal balance of the award from the date of the making of the award to the date of repayment at the Bank of Canada bank rate on the day on which the award becomes due and repayable.  R.R.O. 1990, Reg. 977, s. 20 (3). (4) In paragraph 4 of subsection (3), “bank rate” means the minimum rate at which the Bank of Canada makes short-term advances to the banks as determined and published by the Bank of Canada in the periodic publication entitled the Bank of Canada Review.  R.R.O. 1990, Reg. 977, s. 20 (4). (5) A deputy minister may waive payment of the interest or repayment of the principal or both on an award when he or she is satisfied as to the existence of exceptional circumstances.  R.R.O. 1990, Reg. 977, s. 20 (5).
21. (1) A deputy minister may grant to a civil servant in his or her ministry leave of absence without pay or accumulation of credits for a period not exceeding twelve months for the purpose of participating in a staff development program not conducted by a ministry or by the Commission that requires absence from employment and that, in the opinion of the deputy minister, will provide the civil servant with skills or knowledge of value to the public service although not of direct value to the ministry.  R.R.O. 1990, Reg. 977, s. 21 (1). (2) A deputy minister who grants leave of absence to a civil servant in accordance with subsection (1) may authorize payment by the ministry of an amount equal to all or part of the expenses specified by the deputy minister in connection with the participation of the civil servant in the program.  R.R.O. 1990, Reg. 977, s. 21 (2).
22. A deputy minister may grant to a civil servant who has participated in a staff development program referred to in section 19, 20 or 21 leave of absence with pay for the purpose of taking examinations related to the program.  R.R.O. 1990, Reg. 977, s. 22.
23. (1) Where a civil servant resigns from the civil service for the purpose of participating in an education program, the deputy minister of the ministry in which the civil servant was employed immediately before his or her resignation, on application made before the resignation, may direct that the civil servant’s attendance credits and vacation credits continue to be held to his or her credit until he or she is re-employed as a civil servant or until two years elapse, whichever occurs first, and the credits shall not be used until the civil servant is so re-employed.  R.R.O. 1990, Reg. 977, s. 23. (2) This section does not apply with respect to a civil servant who is a term classified employee.  O. Reg. 40/02, s. 6.
24. Where a deputy minister is of the opinion that participation in a staff development program that is not conducted by a ministry or by the Commission and does not require absence from employment will provide a civil servant with skills or knowledge of value to the public service, the deputy minister may authorize payment by the ministry of an amount equal to all or part of the tuition fees and all or part of the expenses specified by the deputy minister in connection with the participation of the civil servant in the program.  R.R.O. 1990, Reg. 977, s. 24. Part IV (ss. 25-29) Revoked:  O. Reg. 168/96, s. 5. PART V   GRIEVANCE PROCEDURE
30. In this Part,  “grievor” means a person who files a grievance under this Part.  O. Reg. 168/96, s. 6 (1).
31. (1) The following persons are not eligible to file a grievance under this Part: 1. A person within a unit of employees established for collective bargaining under the Crown Employees Collective Bargaining Act, 1993. 2. A member of the Ontario Provincial Police who is a cadet, probationary constable, constable, corporal, sergeant, staff sergeant, detective-sergeant or traffic sergeant. 3. A term classified employee.  O. Reg. 168/96, s. 6 (1); O. Reg. 40/02, s. 7 (1). (2) Revoked:  O. Reg. 40/02, s. 7 (2). (3) Revoked:  O. Reg. 40/02, s. 7 (2). (4) No grievance shall include a complaint in respect of the following matters: 1. A complaint that a position should be classified. 2. A complaint that a position is in the wrong classification. 3. A complaint relating to a release from employment under subsection 22 (4.1) of the Act. 4. A complaint regarding the method of evaluating an employee’s performance. 5. A complaint regarding the evaluation of an employee’s performance. 6. A complaint regarding the compensation provided or denied to an employee as a result of an evaluation of his or her performance.  O. Reg. 59/03, s. 1. (5) Revoked:  O. Reg. 59/03, s. 1.
32. (1) A person who is aggrieved by his or her removal from employment under subsection 22 (2) of the Act may file a grievance with his or her deputy minister within 14 days after receiving notice of the removal from employment.  O. Reg. 168/96, s. 6 (1). (2) The grievance must set out the reasons for the person’s complaint about the removal from employment.  O. Reg. 168/96, s. 6 (1).
33. (1) A person described in subsection (2) who is aggrieved by his or her dismissal from employment under subsection 22 (3) of the Act may file a grievance with his or her deputy minister within 14 days after receiving notice of the dismissal.  O. Reg. 168/96, s. 6 (1). (2) Subsection (1) applies to a person who has been employed in the public service under the jurisdiction of a deputy minister continuously for at least the 12 months prior to being dismissed.  O. Reg. 168/96, s. 6 (1). (3) The grievance must set out the reasons for the person’s complaint about the dismissal.  O. Reg. 168/96, s. 6 (1).
34. (1) A person described in subsection (2) who is aggrieved about a working condition or term of his or her employment may file a grievance with his or her deputy within 14 days after becoming aware of the working condition or term of employment giving rise to the grievance.  O. Reg. 168/96, s. 6 (1). (2) Subsection (1) applies to a person who has been employed in the public service under the jurisdiction of a deputy minister continuously for at least six months before the deadline under that subsection for filing a grievance.  O. Reg. 168/96, s. 6 (1). (3) Despite subsection (2), a person in a position or classification set out in Schedule 1 is not entitled to file a grievance under this section.  O. Reg. 168/96, s. 6 (1). (4) The grievance must set out the reasons for the person’s complaint about the working condition or term of employment.  O. Reg. 168/96, s. 6 (1).
35. (1) The deputy minister or his or her delegate shall meet with a grievor within 30 days after receiving the grievance.  O. Reg. 168/96, s. 6 (1). (2) If a delegate of the deputy minister meets with the grievor, the delegate shall give the deputy minister a written report of the meeting and shall make a recommendation in writing.  O. Reg. 168/96, s. 6 (1). (3) The deputy minister shall give the grievor his or her decision in writing within 30 days after the meeting.  O. Reg. 168/96, s. 6 (1).
36. (1) A grievor who is not satisfied with the decision of the deputy minister may apply to the Public Service Grievance Board within 14 days after receiving the decision for a hearing about his or her grievance.  O. Reg. 168/96, s. 6 (1). (2) If a grievor does not receive the decision of the deputy minister within 30 days after the meeting between the grievor and the deputy minister or his or her delegate, the grievor may apply to the Board within 14 days after those 30 days have elapsed for a hearing about his or her grievance.  O. Reg. 168/96, s. 6 (1). (3) The application must be delivered to the chair of the Board and must include a copy of the grievance that was filed with the deputy minister.  O. Reg. 168/96, s. 6 (1). (4) The chair shall give a copy of the application to the deputy minister concerned.  O. Reg. 168/96, s. 6 (1).
37. (1) Within 14 days after receiving the application, the chair shall fix a time and place for the hearing and give written notice to the grievor and to the deputy minister.  O. Reg. 168/96, s. 6 (1). (2) One member of the Board may hear and dispose of a grievance.  O. Reg. 168/96, s. 6 (1).
38. On a hearing, the Board has the powers of a commission under Part II of the Public Inquiries Act.  O. Reg. 168/96, s. 6 (1).
39. (1) The grievor may present his or her grievance personally or may be assisted or represented by a person nominated by the grievor to act on his or her behalf.  O. Reg. 168/96, s. 6 (1). (2) At the hearing, the grievor or representative may, (a) call and examine witnesses; (b) conduct such cross-examinations of witnesses as is reasonably required for a full and fair disclosure of the facts in relation to which they have given evidence; and (c) present arguments and submissions.  O. Reg. 168/96, s. 6 (1). (3) A witness at a hearing is entitled to be advised by his or her counsel or agent as to the witness’s rights.  O. Reg. 168/96, s. 6 (1). (4) The counsel or agent of a witness is not entitled to be present at the hearing except when the witness is giving evidence and may take no other part in the hearing without leave of the Board.  O. Reg. 168/96, s. 6 (1).
40. (1) The decision of the Board on a grievance is final.  O. Reg. 168/96, s. 6 (1). (2) The Board shall deliver a copy of its decision and the reasons for the decision to the grievor and his or her representative, if any, the deputy minister concerned and the chair of the Commission.  Delivery must be made by hand or by registered mail.  O. Reg. 168/96, s. 6 (1).
41. (1) The Board shall compile a record of the proceedings at a hearing that consists of the following: 1. The application for the hearing. 2. The notice of the hearing. 3. Any interim orders made by the Board. 4. All documentary evidence produced at the hearing. 5. The transcript, if any, or a statement or summary of the oral evidence given at the hearing. 6. The decision of the Board and its reasons for the decision.  O. Reg. 168/96, s. 6 (1). (2) The Board is not required to include documentary evidence in the record to the extent that there is a limitation expressly imposed by an Act on the extent or purposes for which a document may be used in evidence in the proceedings.  O. Reg. 168/96, s. 6 (1).
42. (1) The Public Service Grievance Board is continued and is composed of not fewer than three members appointed by the Lieutenant Governor in Council.  O. Reg. 168/96, s. 6 (1). (2) The Lieutenant Governor in Council shall designate one member of the Board as its chair.  O. Reg. 168/96, s. 6 (1).
43. The Board may make rules governing the practice and procedure to be used in matters before it.  O. Reg. 40/02, s. 8.
44.-55. Revoked:  O. Reg. 168/96, s. 6 (1). Note:  Despite its revocation, Part V (ss. 30-55), as it read immediately before May 2, 1996, continues to apply with respect to a grievance referred to the Classification Rating Committee before April 1, 1993 and a grievance commenced before May 2, 1996.  See:  O. Reg. 168/96, s. 6 (2). part vi   benefits — classified employees and other specified employees Application and Interpretation
55.1 (1) This Part applies to every civil servant who, (a) is not within a unit of employees established for collective bargaining under the Crown Employees Collective Bargaining Act, 1993; or (b) is not represented by the Ontario Provincial Police Association under this Act.  O. Reg. 1/04, s. 11. (2) This Part applies to every person appointed to the service of the Crown in the office of a member of the Executive Council.  O. Reg. 1/04, s. 11.
56. (1) In this Part, “accumulated attendance credits” means, (a) in the case of a person who was an employee before the 1st day of January, 1976, the attendance credits standing to the credit of the employee immediately before the 1st day of January, 1976, and (b) in the case of an employee who was formerly within a unit of civil servants established for collective bargaining in accordance with an Act, the attendance credits standing to the credit of the employee immediately before becoming an employee; “accumulated credits” includes compensation option credits under section 10, accumulated attendance credits and accumulated vacation credits; “Civic Holiday” means the first Monday in August; “continuous service” means the period of unbroken service during which a person is an employee and during which the employee, (a) receives his or her regular salary, (b) is absent on leave without pay for a period that does not exceed 30 days, (c) is absent on pregnancy leave under subsection 65 (2) or parental leave under subsection 65 (7), or (d) qualifies for or is receiving a benefit under the Long Term Income Protection Plan, and includes the periods described in subsections (3) and (4), except as otherwise specified by subsections (5) and (6); “employee” means a person to whom this Part applies by virtue of section 55.1; “employer” means the Crown.  R.R.O. 1990, Reg. 977, s. 56 (1); O. Reg. 181/91, s. 1; O. Reg. 442/91, s. 1; O. Reg. 168/96, s. 7; O. Reg. 399/01, s. 2; O. Reg. 40/02, s. 9 (1); O. Reg. 1/04, s. 12. (2) In relation to employees whose compensation rate increase was determined by the Board under the Inflation Restraint Act, 1982 for the period ending on the 31st day of December, 1983, references in this Part to the 1st day of April, 1983 in respect of benefits shall be deemed to be references to the 1st day of January, 1983.  R.R.O. 1990, Reg. 977, s. 56 (2). (3) If an employee who is a civil servant was an unclassified employee within 13 weeks before his or her last appointment as a civil servant, the period of unclassified service is included in the employee’s period of continuous service.  O. Reg. 40/02, s. 9 (2). (4) If an employee described in subsection (3) was an unclassified employee whose unclassified service was broken, and if the breaks in service were not more than 13 weeks long, the periods of unclassified service are included in the employee’s period of continuous service.  O. Reg. 40/02, s. 9 (2). (5) If an employee described in subsection (3) was an unclassified employee whose unclassified service was broken, and on one or more occasions the employee’s break in service was more than 13 weeks long, the employee’s period of continuous service does not include periods of service that occurred before the most recent break of more than 13 weeks.  O. Reg. 40/02, s. 9 (2). (6) Subsections (3), (4) and (5) do not apply with respect to a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner.  O. Reg. 40/02, s. 9 (2).
57. Sections 79 to 88 do not apply in respect of an employee who is a deputy minister or who has the rank and status of a deputy minister.  R.R.O. 1990, Reg. 977, s. 57. Holidays
58. (1) A full-time employee is entitled to a holiday in each year on each of the following days: 1. New Year’s Day 2. Good Friday 3. Easter Monday 4. Victoria Day 5. Canada Day 6. Civic Holiday 7. Labour Day 8. Thanksgiving Day 9. Remembrance Day 10. Christmas Day 11. Boxing Day 12. Any special holiday proclaimed by the Governor General or the Lieutenant Governor.  R.R.O. 1990, Reg. 977, s. 58 (1). (2) A part-time employee shall be entitled to a holiday each year on each of the days shown in subsection (1) which fall on a regularly scheduled working day.  R.R.O. 1990, Reg. 977, s. 58 (2). (3) Special holidays granted during vacation leave of absence shall be computed as part thereof, but no other holidays shall be computed therein.  R.R.O. 1990, Reg. 977, s. 58 (3). (4) Where an employee is required to work on any holiday specified in subsection (1), he or she is entitled to a compensating day as a holiday in lieu thereof.  R.R.O. 1990, Reg. 977, s. 58 (4). (5) When a holiday specified in subsection (1) falls on a Saturday or Sunday, or when any two of them fall on a successive Saturday and Sunday, the regular working day or days next following is a holiday or are holidays, as the case may be, in lieu thereof, but when such next following regular working day is also a holiday the next regular working day thereafter is in lieu thereof a holiday.  R.R.O. 1990, Reg. 977, s. 58 (5). (6) Subsection (5) does not apply to New Year’s Day, Canada Day, Remembrance Day, Christmas Day and Boxing Day in respect of an employee whose work schedule is subject to rotating work weeks that include scheduled weekend work on a regular or recurring basis.  R.R.O. 1990, Reg. 977, s. 58 (6). Vacation Entitlements
58.1 (1) The Secretary of Management Board may establish a policy that permits a deputy minister to give more vacation credits to an employee than the vacation credits to which the employee is otherwise entitled under clause 59 (1) (a) or subclause 59 (1) (b) (ii) or (iii).  O. Reg. 40/02, s. 10. (2) The additional vacation credits may be given to the employee at the time that he or she becomes employed in the public service, but not after he or she is so employed.  O. Reg. 40/02, s. 10. (3) The additional vacation credits must not exceed 5/6 of a day per month for a full-time employee.  O. Reg. 40/02, s. 10. (4) The following employees are not eligible to receive additional vacation credits under this section: 1. Employees represented by the Association of Law Officers of the Crown or the Ontario Crown Attorneys’ Association. 2. Commissioned officers in the Ontario Provincial Police Force below the rank of deputy Commissioner.  O. Reg. 40/02, s. 10.
59.1 (1) At the end of the year 1991 and of each following year, an employee in the Senior Management Group may time-bank up to ten days of accumulated vacation credits standing to the employee’s credit at the end of the year, and the employee’s accumulated vacation credits shall be reduced by the number of days that are time-banked.  O. Reg. 181/91, s. 3. (2) An employee may accumulate time-banked credits to a maximum of 125 days.  O. Reg. 181/91, s. 3. (3) An employee who qualifies for benefits under the Long Term Income Protection Plan may elect to have some or all of his or her accumulated time-banked credits paid to him or her in a single lump sum payment at the rate of the employee’s last regular salary before benefits under the Long Term Income Protection Plan become payable to the employee.  O. Reg. 181/91, s. 3. (4) Subject to subsections (5) and (6), when an employee ceases to be an employee, the employee’s accumulated time-banked credits shall be paid to him or her in a single lump sum payment at the rate of the annual salary to which the employee is entitled when the employee ceases to be an employee.  O. Reg. 181/91, s. 3. (5) In lieu of some or all of the payment referred to in subsection (4), an employee may elect to take, subject to subsection (6), leave of absence with pay for some or all of the days of the employee’s accumulated time-banked credits, and those credits shall be reduced by each day taken as leave of absence with pay.  O. Reg. 181/91, s. 3. (6) Time-banked credits may be taken as leave of absence with pay only when the employee ceases to be an employee immediately on the expiration of that leave of absence with pay.  O. Reg. 181/91, s. 3. (7) Except as provided in this section, an employee is not entitled to compensation for time-banked credits.  O. Reg. 181/91, s. 3. (8) In this section, to, “time-bank” means to save accumulated vacation credits at the end of the year and to reduce them by the number of days so saved and “time-banked credits” means the vacation credits saved.  O. Reg. 181/91, s. 3. Sickness and Disability short term sickness plan
60. (1) A full-time employee who is unable to attend to his or her duties due to sickness or injury is entitled, in each year, to leave of absence, (a) with regular salary for six working days; and (b) with 75 per cent of regular salary for an additional 124 working days.  R.R.O. 1990, Reg. 977, s. 60 (1). (2) A part-time employee who is unable to attend to his or her duties due to sickness or injury is entitled, in each year, to leave of absence, (a) with regular salary for that portion of six working days equal to the portion the employee’s regularly scheduled hours of work bear to full employment; and (b) with 75 per cent of regular salary for that portion of an additional 124 working days equal to the portion the employee’s regularly scheduled hours of work bear to full employment.  R.R.O. 1990, Reg. 977, s. 60 (2). (3) An employee is not entitled to a leave of absence with pay under this section until after completion of, in the case of a full-time employee, twenty consecutive working days of employment, and in the case of a part-time employee, all of the employee’s regularly scheduled hours within a period of four consecutive weeks.  R.R.O. 1990, Reg. 977, s. 60 (3). (4) An employee who is on leave of absence with pay under this section that commences on a regularly scheduled working day in one year and continues to include a regularly scheduled working day in the next following year is not entitled to leave of absence with pay for a greater number of working days than are permitted under subsection (1) or (2), as the case may be, in the two years until the employee has again completed the service requirement described in subsection (3).  R.R.O. 1990, Reg. 977, s. 60 (4). (5) An employee who was on leave of absence with pay under this section for the number of days in a year permitted under subsection (1) or (2), as the case may be, is not entitled to leave of absence with pay under this section in the year next following until the employee has again completed the service requirement described in subsection (3).  R.R.O. 1990, Reg. 977, s. 60 (5). (6) The pay of an employee under this section is subject to, (a) all deductions for insurance coverages referred to in subsection 71 (1) and under the Public Service Pension Plan that would otherwise be made from the pay; and (b) all contributions that would otherwise be made by the employer in respect of the pay, and such deductions and contributions shall be made as though the employee were receiving the employee’s regular salary.  R.R.O. 1990, Reg. 977, s. 60 (6); O. Reg. 399/01, s. 4. use of accumulated credits
61. (1) An employee who is on leave of absence and receiving pay under clause 60 (1) (b) or (2) (b) is entitled, at the employee’s option, to have sufficient credits deducted from the employee’s accumulated credits for each day to which clause 60 (1) (b) or (2) (b) applies and to receive regular salary for each such day.  R.R.O. 1990, Reg. 977, s. 61 (1). (2) An employee who is absent from employment due to sickness or injury beyond the total number of days leave of absence with pay provided for in section 60 shall have his or her accumulated attendance credits reduced by a number of days equal to the number of days of such absence and is entitled to leave of absence with pay on each such day.  R.R.O. 1990, Reg. 977, s. 61 (2). (3) Subsection (2) does not apply to an employee who qualifies for and elects to receive benefits under the Long Term Income Protection Plan instead of using his or her accumulated attendance credits.  R.R.O. 1990, Reg. 977, s. 61 (3). benefits under the workplace safety and insurance act, 1997
63. (1) After seven consecutive calendar days absence caused by sickness or injury, no leave with pay shall be allowed unless a certificate of a legally qualified medical practitioner or of such other person as may be approved by the deputy minister is forwarded to the deputy minister of the ministry, certifying that the employee is unable to attend to official duties.  R.R.O. 1990, Reg. 977, s. 63 (1). (2) Despite subsection (1), the Commission or a deputy minister may require an employee to submit the certificate required by subsection (1) for any period of absence.  R.R.O. 1990, Reg. 977, s. 63 (2). (3) Where for reasons of health an employee is frequently absent or unable to perform his or her duties, his or her deputy minister may require him or her to submit to a medical examination at the expense of the ministry.  R.R.O. 1990, Reg. 977, s. 63 (3). Special and Compassionate Leaves bereavement leave
64. (1) An employee is entitled, (a) in the case of a full-time employee, to not more than three working days leave of absence with pay; and (b) in the case of a part-time employee, to not more than three consecutive days leave of absence with pay, in the event of the death of the employee’s spouse, parent, mother-in-law, father-in-law, child, stepchild, daughter-in-law, son-in-law, sister, brother, sister-in-law, brother-in-law, grandparent, grandchild, ward or guardian.  R.R.O. 1990, Reg. 977, s. 64 (1); O. Reg. 71/00, s. 2; O. Reg. 399/01, s. 7 (1, 2); O. Reg. 280/04, s. 2 (1). (2) A commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner is entitled to the leave of absence with pay referred to in subsection (1) in the event of the death of the officer’s foster parent or legal guardian.  R.R.O. 1990, Reg. 977, s. 64 (2); O. Reg. 399/01, s. 7 (3). (2.1) A commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner is entitled to the leave of absence with pay referred to in subsection (1) in the event of the death of the officer’s stepmother or stepfather, a stepgrandparent, stepgrandchild, stepsister or stepbrother or a grandparent of his or her spouse.  O. Reg. 442/91, s. 3; O. Reg. 399/01, s. 7 (4); O. Reg. 1/04, s. 15 (1); O. Reg. 280/04, s. 2 (2). (3) An employee who would otherwise have been at work is entitled to one day leave of absence with pay in the event of the death of the employee’s aunt, uncle, niece or nephew.  R.R.O. 1990, Reg. 977, s. 64 (3); O. Reg. 399/01, s. 7 (5). (3.1) Subsection (3) does not apply to a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner.  O. Reg. 1/04, s. 15 (2). (3.2) A commissioned officer mentioned in subsection (3.1) is entitled to one day leave of absence with pay in the event of the death of his or her aunt, uncle, niece or nephew.  O. Reg. 1/04, s. 15 (2). (4) If the funeral service for a person on whose death an employee is entitled to a leave of absence under subsections (1) and (3) is held at a location more than 800 kilometres from the employee’s residence, the employee is entitled to two additional days leave of absence without pay immediately following the leave of absence taken by the employee under those subsections.  R.R.O. 1990, Reg. 977, s. 64 (4). (5) Subsection (4) does not apply to commissioned officers in the Ontario Provincial Police Force below the rank of deputy Commissioner, but they may be granted an additional leave of absence under subsection 69 (1) for necessary travel to attend a funeral service.  O. Reg. 1/04, s. 15 (3). (6) This section does not apply to an employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association who is in a class of position of Crown Counsel 1, 3 or 4, in respect of a person’s death on or after April 5, 2006.  O. Reg. 454/06, s. 1.
64.1 (1) This section applies to employees represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association who are in a class of position of Crown Counsel 1, 3 or 4.  O. Reg. 454/06, s. 2. (2) An employee is entitled to the following bereavement leave in the event of the death on or after April 5, 2006 of the employee’s spouse, parent, step-parent, mother-in-law, father-in-law, child, stepchild, daughter-in-law, son-in-law, sibling, stepsibling, sister-in-law, brother-in-law, grandparent, stepgrandparent, grandchild, stepgrandchild, ward, foster parent or guardian: 1. In the case of a full-time employee, not more than three working days’ leave of absence with pay. 2. In the case of a part-time employee, not more than three consecutive days’ leave of absence with pay.  O. Reg. 454/06, s. 2. (3) An employee who would otherwise have been at work is entitled to one day’s leave of absence with pay in the event of the death on or after April 5, 2006 of the employee’s aunt, uncle, niece or nephew.  O. Reg. 454/06, s. 2. (4) If the funeral service for a person on whose death an employee is entitled to a leave of absence under subsection (2) or (3) is held at a location more than 800 kilometres from the employee’s residence, the employee is entitled to two additional days’ leave of absence without pay immediately following the leave of absence taken by the employee under those subsections.  O. Reg. 454/06, s. 2. pregnancy and parental leaves
66. Where an employee is absent by reason of a summons to serve as a juror or to attend as a witness, the employee may at his or her option, (a) treat the absence as leave without pay and retain any fee he or she receives as a juror or as a witness; (b) deduct the period of absence from his or her vacation credits or overtime credits or both and retain any fee he or she receives as a juror or as a witness; or (c) treat the absence as leave with pay and pay to the Minister of Finance any fee he or she has received as a juror or as a witness.  R.R.O. 1990, Reg. 977, s. 66. canadian forces reserve training leave
67. A deputy minister may grant leave of absence for not more than one week with pay and not more than one week without pay in a year to an employee in his or her ministry for the purpose of Canadian Forces Reserve training.  R.R.O. 1990, Reg. 977, s. 67. discretionary leave
68. (1) In sections 69 and 70, “employee” does not include a person appointed to the service of the Crown in the office of a member of the Executive Council.  R.R.O. 1990, Reg. 977, s. 68 (1). (2) A member of the Executive Council may grant leave of absence without pay and without accumulation of credits to any person appointed to the service of the Crown in the office of that member of the Executive Council.  R.R.O. 1990, Reg. 977, s. 68 (2).
69. (1) A deputy minister may grant an employee leave of absence with pay for not more than three days in a year upon special or compassionate grounds.  R.R.O. 1990, Reg. 977, s. 69 (1). (2) Leave of absence without pay and without accumulation of credits may be granted to an employee by his or her deputy minister.  R.R.O. 1990, Reg. 977, s. 69 (2). (3) Leave of absence with pay may be granted for special or compassionate purposes to an employee for a period of, (a) not more than six months with the approval of his or her deputy minister; and (b) over six months upon the certificate of the Commission and with the approval of the Lieutenant Governor in Council.  R.R.O. 1990, Reg. 977, s. 69 (3). (4) No employee shall absent himself or herself from duty on a leave of absence provided for in this section unless he or she has previously obtained the authorization required by this section.  R.R.O. 1990, Reg. 977, s. 69 (4). (5) An application for leave of absence under this section shall be in writing and shall set out the reasons for the leave of absence.  R.R.O. 1990, Reg. 977, s. 69 (5).
70.1 (1) The Secretary of Management Board of Cabinet shall plan and provide a self-funded leave plan for civil servants other than commissioned officers in the Ontario Provincial Police Force below the rank of deputy Commissioner and term classified employees.  O. Reg. 399/01, s. 10; O. Reg. 40/02, s. 14. (2) During a self-funded leave, a civil servant’s group insurance benefits continue if the civil servant continues to pay his or her share of the premiums for the insurance during the leave.  O. Reg. 399/01, s. 10. Group Insurance Plans
71. (1) The Crown may enter into agreements with insurance underwriters for the purpose of providing employees the following group insurance coverages: 1. A Basic Life Insurance Plan. 2. A Supplementary Life Insurance Plan. 3. A Dependents’ Life Insurance Plan. 4. A Long Term Income Protection Plan. 5. A Supplementary Health and Hospital Insurance Plan. 6. A Dental Insurance Plan. 7. A Basic Accidental Death and Dismemberment Plan. 8. A Supplementary Accidental Death and Dismemberment Plan. 9. A Critical Illness Insurance Plan.  R.R.O. 1990, Reg. 977, s. 71 (1); O. Reg. 1/04, s. 17 (1). (2) The group insurance coverage referred to in subsection (1) shall not be provided for an employee during a leave of absence without pay except to the extent that the employee arranges through the payroll or personnel branch of his or her ministry to pay the amount of the full premium for any of the coverages that the employee chooses to have continued during the leave and pays the amount at least one week before the first of each month of the leave of absence.  R.R.O. 1990, Reg. 977, s. 71 (2). (3) Within a reasonable time after granting a leave of absence without pay to an employee, the employer shall inform the employee that group insurance coverages during the leave of absence will continue only in accordance with subsection (2).  R.R.O. 1990, Reg. 977, s. 71 (3). (4) Except as stated in this Part, the benefits provided to employees under the group insurance coverages shall be those set out in the agreements made with the insurance underwriters.  R.R.O. 1990, Reg. 977, s. 71 (4). (5) The benefits provided for term classified employees under each group insurance coverage do not have to be the same as the benefits provided for other employees.  O. Reg. 40/02, s. 15. (6) An employee is not entitled to the group insurance coverages listed in paragraphs 7, 8 and 9 of subsection (1) if the employee is represented by the Association of Law Officers of the Crown or the Ontario Crown Attorneys’ Association or is employed as a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner.  O. Reg. 1/04, s. 17 (2). (7) Each of sections 72 to 78.3 applies only where the Crown has entered into an agreement with an underwriter to provide the type of group insurance coverage referred to in that section.  O. Reg. 1/04, s. 17 (2).
72. (1) The Basic Life Insurance Plan shall provide life insurance coverage equal to 100 per cent of the annual salary of every employee, and such coverage shall not be less than $10,000 for a full-time employee and $5,000 for a part-time employee.  R.R.O. 1990, Reg. 977, s. 72 (1). (2) The premium for the Basic Life Insurance Plan coverage shall be paid by the employer.  R.R.O. 1990, Reg. 977, s. 72 (2).
73. (1) The Supplementary Life Insurance Plan shall provide additional group life insurance coverage equal to the annual salary, twice the annual salary or three times the annual salary, at the choice of the employee, for those employees who choose to participate in the Plan.  R.R.O. 1990, Reg. 977, s. 73 (1). (2) An employee who participates in the Supplementary Life Insurance Plan shall pay the premium for his or her insurance coverage in the Plan.  R.R.O. 1990, Reg. 977, s. 73 (2).
76. Where the employer is paying all or part of the premiums for an employee who participates in one or more of the plans referred to in subsection 71 (1) and the employee receives benefits under the Long Term Income Protection Plan, the employer shall continue the premium payments for the period in respect of which the employee is receiving the benefits.  R.R.O. 1990, Reg. 977, s. 76.
78.1 (1) The Basic Accidental Death and Dismemberment Insurance Plan shall provide accidental death and dismemberment insurance coverage of up to $50,000 in the case of a full-time employee, and up to $25,000 in the case of a part-time employee.  O. Reg. 1/04, s. 21. (2) The premium for the Basic Accidental Death and Dismemberment Insurance Plan shall be paid by the employer.  O. Reg. 1/04, s. 21.
78.2 (1) The Supplementary Accidental Death and Dismemberment Plan shall provide additional accidental death and dismemberment insurance coverage in such amounts as are specified in the Plan for those employees who choose to participate in the Plan.  O. Reg. 1/04, s. 21. (2) An employee who participates in the Supplementary Accidental Death and Dismemberment Plan shall pay the premium for his or her participation.  O. Reg. 1/04, s. 21.
78.3 (1) The Critical Illness Insurance Plan shall provide critical illness insurance coverage in such amounts as are specified in the Plan for those employees who choose to participate in the plan.  O. Reg. 1/04, s. 21. (2) An employee who participates in the Critical Illness Insurance Plan shall pay the premium for his or her participation.  O. Reg. 1/04, s. 21. Termination Payments
79. (1) A full-time employee who was appointed before the 1st day of January, 1970 and who ceases to be an employee is entitled to be paid an amount in respect of remaining accumulated attendance credits in an amount computed by multiplying half of the number of days of remaining accumulated attendance credits at the date of ceasing to be an employee by the employee’s annual salary at the date of ceasing to be an employee and dividing the product by 261.  R.R.O. 1990, Reg. 977, s. 79. (2) This section does not apply to a term classified employee.  O. Reg. 40/02, s. 21.
80. (1) Despite section 79, a full-time employee who was appointed on or after the 1st day of October, 1965 and before the 1st day of January, 1970 who ceases to be an employee because of, (a) death; (b) retirement under section 17 of the
Public Service Act; (b.1) total and permanent disability that entitles him or her to a pension or payment under the Public Service Pension Plan; or (c) release from employment under subsection 22 (4) of the Public Service Act, is entitled to receive, for continuous service up to and including the 31st day of December, 1975, (d) severance pay equal to one-half week of salary for each year of continuous service before the 1st day of January, 1970 and one week of salary for each year of continuous service from and including the 1st day of January, 1970; or (e) the amount in respect of his or her accumulated attendance credits computed in accordance with section 79, but he or she is not entitled to receive both of these benefits.  R.R.O. 1990, Reg. 977, s. 80; O. Reg. 399/01, s. 14. (2) This section does not apply to a term classified employee.  O. Reg. 40/02, s. 22.
81. (1) A full-time employee who is appointed on or after the 1st day of January, 1970 is entitled to severance pay for each year of continuous service up to and including the 31st day of December, 1975, (a) where the employee has completed one year of continuous service and ceases to be an employee because of, (i) death, (ii) retirement under section 17 of the Public Service Act, (ii.1) total and permanent disability that entitles him or her to a pension or payment under the Public Service Pension Plan, or (iii) release from employment under subsection 22 (4) of the Public Service Act, in an amount equal to one week of salary for each year of service; or (b) where the employee has completed five years of continuous service and ceases to be an employee for any reason other than, (i) dismissal for cause under section 22 of the Act, or (ii) abandonment of position under section 20 of the Act, in an amount equal to one week of salary for each year of service.  R.R.O. 1990, Reg. 977, s. 81; O. Reg. 399/01, s. 15. (2) This section does not apply to a term classified employee.  O. Reg. 40/02, s. 23.
82. Despite the definition of “continuous service” in subsection 56 (1), for the purposes of sections 83 to 87, a leave of absence without pay granted to a civil servant under section 20 or 21, or an absence for a period not exceeding two years in respect of which a direction has been given under section 23, shall be deemed not to interrupt a period of continuous service ending immediately before and commencing immediately after the absence, and shall not be included as part of the continuous service of the civil servant.  R.R.O. 1990, Reg. 977, s. 82.
83.1 (1) This section applies to the following employees if they have completed less than five years of continuous service on or before April 5, 2006: 1. A employee who, on April 5, 2006, is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association in a class of position of Crown Counsel 1, 3 or 4 either in the classified or the unclassified service. 2. An employee who, on April 5, 2006, is in a class of position of Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5 either in the classified or the unclassified service.  O. Reg. 454/06, s. 6. (2) The following employees in the classified service are entitled to severance pay under this section for their continuous service on or before December 31, 2004: 1. An employee in a class of position of Crown Counsel 1, 3 or 4, Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5 who ceases to be employed in the public service, i. because he or she has resigned, or ii. because he or she has retired, but only if he or she is entitled to a pension, other than a disability pension, under the Public Service Pension Plan immediately after retiring. 2. An employee who, on April 5, 2006, is in a position in the unclassified service in a class of position of Crown Counsel 1, 3 or 4, Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5, who is appointed on or before December 31, 2006 to a position in the classified service in one of those classes of positions and who ceases to be employed in the public service, i. because he or she has resigned, or ii. because he or she has retired, but only if he or she is entitled to a pension, other than a disability pension, under the Public Service Pension Plan immediately after retiring.  O. Reg. 454/06, s. 6. (3) Subsections 83 (2), (3) and (4) apply, with necessary modifications, with respect to severance pay to which an employee is entitled under this section.  O. Reg. 454/06, s. 6.
84. (1) Despite section 86, where in the opinion of the Commission special circumstances exist, a payment may be made by way of termination allowance, with the approval of the Lieutenant Governor in Council, to an employee on the termination of the employment of the employee.  R.R.O. 1990, Reg. 977, s. 84. (2) This section does not apply to a term classified employee.  O. Reg. 40/02, s. 25.
85. An employee on probationary staff is not entitled to severance pay under sections 80 to 83.  R.R.O. 1990, Reg. 977, s. 85. 86. (1) The total of the amount paid to an employee, other than an employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association, in respect of accumulated attendance credits and his or her severance pay must not exceed one-half of his or her annual salary on the date when he or she ceases to be an employee.  O. Reg. 40/02, s. 26. (1.1) The calculation of the severance pay of an employee to whom subsection (1) applies is based on his or her salary on the date when he or she ceases to be an employee.  O. Reg. 40/02, s. 26. (2) The total of the amount paid to an employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association in respect of accumulated attendance credits and his or her severance pay must not exceed one-half of his or her annual salary, (a) on the date when he or she ceases to be an employee; or (b) in the case of an employee receiving benefits under the Long Term Income Protection Plan, on the date when the employee received his or her last salary before receiving benefits under the Plan.  O. Reg. 40/02, s. 26. (2.1) The calculation of the severance pay of an employee to whom subsection (2) applies is based on his or her salary, (a) on the date when he or she ceases to be an employee; or (b) in the case of an employee receiving benefits under the Long Term Income Protection Plan, on the date when the employee received his or her last salary before receiving benefits under the Plan.  O. Reg. 40/02, s. 26. (2.2) Subsections (1) and (2) do not apply to a term classified employee.  O. Reg. 40/02, s. 26. (3) Where a computation for severance pay involves part of a year, the computation in respect of that part shall be made on a monthly basis, and, (a) any part of a month that is less than fifteen days shall be disregarded; and (b) any part of a month that is fifteen or more days shall be deemed to be a month.  R.R.O. 1990, Reg. 977, s. 86 (3). (4) For the purposes of this section, the salary of a part-time employee shall be determined as if he or she were in full employment.  R.R.O. 1990, Reg. 977, s. 86 (4).