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This procedure defines the conditions for granting military reservist leave, the application process and the applicable military reservist leave benefits.
This procedure applies to all employees of The Corporation of the Town of Oakville (the Town) who are members of the reserve force of the Canadian Forces referred to in the National Defence Act (Canada).
This Procedure shall be read in conjunction with the Employment Standards Act, 2000, (“ESA”) as amended, and the terms and conditions of the applicable collective agreement.
A military reservist leave of absence will be granted for employees to undergo military training or exercises or for the participation in an operational mission authorized by the Canadian Government, subject to the following conditions:
a) The employee has been employed with the Town for six (6) consecutive months or longer;
b) The employee is a member of the reserve force of the Canadian Forces referred to in the National Defence Act (Canada);
c) The purpose of the leave is as a result of deployment to a Canadian Forces operation outside Canada;
d) The purpose of the leave is as a result of deployment to a Canadian Forces operation inside Canada for the purpose of providing assistance in dealing with an emergency or with its aftermath;
e) Participation, whether inside or outside of Canada, in pre-deployment or post-deployment activities that are required by the Canadian Forces is in connection with an operation (described in (c) and (d) above); and
f) When requested to do so, the employee shall provide to the Town evidence that the employee is entitled to the leave.
An employee interested in taking a military reservist leave of absence shall submit written notice to his or her Department Head, accompanied with the documentation that specifies the length of the service or training period (if known), at least two (2) weeks in advance of the first day of leave or as soon as reasonably possible.
The period of time an employee is on military reservist leave shall be included for the purpose of calculating his or her length of service and seniority with the town, whether or not it is active employment.
Exercise: A period of time (usually two (2) weeks) that is scheduled annually by the employees Reserve Force element (Naval, Army, Air or Communication).
Reservist: means a member of the reserve force of the Canadian Forces referred to in the National Defence Act (Canada)
Respective Department Heads shall in conjunction with the Human Resources Department administer this procedure.
Procedure Number: HR-MNG-001-006
Parent Policy: HR-MNG-001
Section: Human Resources
Sub-Section: Manage
Author: Human Resources Department
Authority: CAO
Effective Date: 2006 May 29
Review by Date: 2018
Last Modified: 2013 Sep 16
Employment Standards Act, 2000
HR-MNG-001 Time At and Away From Work Policy
HR-MNG-001-005 Unpaid Leave of Absence Procedure
Appendix A - Leave of Absence Agreement Form (pdf)