This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II. Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation. Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is for your personal use and may not be copied for the purposes of resale in this or any other form.
General Civil Service Regulations
made under Section 45 of the
Civil Service Act
R.S.N.S. 1989, c. 70
O.I.C. 81-268 (March 3, 1981), N.S. Reg. 20/81
as amended up to O.I.C. 2008-135 (March 26, 2008), N.S. Reg. 116/2008
Table of Contents
Staff training and development
1 In these regulations, the expressions
(a) “daily rate of pay” means an employee’s bi-weekly rate of pay divided by ten;
(b) “day” means working day;
(c) “double time” means two times the straight time rate calculated by the formula:
(i) Bi-weekly rate x 2 where the employee’s normal work week
70 consists of thirty-five (35) hours exclusive of meal break;
(ii) Bi-weekly rate x 2 where the employee’s normal work week
75 consists of thirty-seven and one-half (37.5) hours exclusive of meal break;
(iii) Bi-weekly rate x 2 where the employee’s normal work week
80 consists of forty (40) hours exclusive of meal break;
(d) “employer” means Her Majesty in the right of the Province of Nova Scotia as represented by the Civil Service Commission;
(e) “holiday” means:
(i) in the case of a shift that does not commence and end in the same day, the twenty-four hour period commencing from the time at which the shift commenced if more than one-half of the shift falls on a day designated as a holiday in these regulations;
Subclause 1(e)(i) amended: O.I.C. 98-265, N.S. Reg. 40/98.
(ii) in any case, the twenty-four hour period commencing at 12.01 a.m. of the day designated as a holiday in these regulations;
(f) “leave of absence” means absence from work with permission;
(g) “overtime” means authorized work in excess of an employee’s regular work day or regular work week;
(h) “service” means:
(i) effective January 1, 1990, total accumulated months of employment except months for which the employee does not earn salary for more than 10 days,
Subclause 1(h)(i) replaced: O.I.C. 90-935, N.S. Reg. 213/90.
(ii) total accumulated months of unbroken full time service where the unbroken service in departments, boards, commissions, or agencies listed in Appendix “A” or municipal correctional facilities listed in Appendix “B” has been a combination of full time and unbroken non-civil service employment and civil service employment;
Subclause 1(h)(ii) replaced: O.I.C. 87-643, N.S. Reg. 105/87.
(iii) (A) notwithstanding Section [subclauses] 1(h)(i) and (ii), for the purpose of accumulating service for part-time employment, service on a prorated basis in accordance with time worked by the part-time employee, including designated paid holidays or days off in lieu thereof, vacation, sick leave, injury on duty, leave and paid leaves of absence,
(B) with respect to employees eligible for civil service part-time appointment effective January 1, 1988, total accumulated months of unbroken non-civil service employment in departments, boards, commissions and agencies providing such service is within the meaning of part-time employment as provided in Regulation 11A.
Subclause 1(h)(iii) added: O.I.C. 90-935, N.S. Reg. 213/90.
(i) “sick leave” means leave granted to a person who is absent from duty by reason of mental or physical incapacity;
(j) “split shift” means any shift that is not worked in consecutive hours but has a break of not less than one hour;
(ja) “spouse” includes husband, wife, common law or same sex partner, except where prohibited or precluded by law;
Clause 1(ja) added: O.I.C. 98-265, N.S. Reg. 40/98.
(k) “stand-by” means a period during which an employee is required to be available immediately for work;
(l) “time and one-half” means one and one-half times the straight time rate calculated by the formula:
(i) Bi-weekly rate x 1.5 where the employee’s normal work week
70 consists of thirty-five (35) hours exclusive of meal break;
(ii) Bi-weekly rate x 1.5 where the employee’s normal work week
75 consists of thirty-seven and one-half (37.5) hours exclusive of meal break;
(iii) Bi-weekly rate x 1.5 where the employee’s normal work week
80 consists of forty (40) hours exclusive of meal break;
(m) “year” means fiscal year.
2 A provision in a collective agreement that conflicts with a regulation affecting employees of a bargaining unit covered by a collective agreement prevails over the regulation.
3 Applications shall be held by the Commission for a period of twelve months unless the applicant is sooner appointed to a position or withdraws the application.
4 The Commission may transfer an employee with the consent of the Deputy Heads concerned.
5 Except as otherwise provided in these regulations, the date of appointment of an employee is the date on which he first reports for duty.
6 (1) The Commission may appoint a person on a temporary basis for a period not to exceed six months.
(2) An appointment on a temporary basis may be extended on the recommendation of a Deputy Head.
(3) The Commission, on the recommendation of a Deputy Head, may change the basis of an appointment from temporary to probationary term, or permanent.
7 (1) The Commission may appoint a person on a probationary basis for a period not to exceed twelve months.
(2) The Commission, on the recommendation of a Deputy Head, may before the expiration of a person’s initial twelve months period of appointment on a probationary basis, extend the probationary appointment for a period not to exceed six months.
(3) The Commission, on the recommendation of a Deputy Head, may change the basis of an appointment from probationary to permanent.
(4) After a person has served in a position on a probationary basis for a period of twelve months, the Commission shall, except as provided in subsection (2) confirm the appointment on a permanent basis.
(5) The Commission, on the recommendation of a Deputy Head, may change the basis of an appointment from permanent to term with the consent of the employee.
8 (1) The Commission may appoint a person on a term basis for a period not to exceed five years.
(2) The Commission, on the recommendation of a Deputy Head, may change the basis of an appointment from term to temporary, probationary or permanent.
9 When an appointment is made as a result of a transfer of an employee from one department to another, the Commission may, on the recommendation of the Deputy Head, change the employment status of the employee from permanent to probationary.
10 Where an employee participates in a personnel selection process for a position in the civil service, he shall be granted leave of absence with pay for the period during which the employee’s presence is required for purposes of the selection process, and for such further period as the Deputy Head considers reasonable for travel. Travel expenses relating to a leave of absence under this Regulation are not payable by the employer.
11 Where the employment of a permanent employee is terminated for any reason and the employee is subsequently reappointed to his former position within one year from the date of the termination, the employee may be reappointed to his former position on a permanent basis.
11A The Commission, effective January 1, 1988, may appoint a person as a part-time employee if the person is employed on a regular basis in a position title and classification included in the civil service and works not less than 40% of the full-time hours applicable to the position.
Section 11A added: O.I.C. 90-935, N.S. Reg. 213/90.
12 An employee shall forthwith notify the Deputy Head respecting any change in his marital status.
13 A change in the marital status of an employee shall be reported by the Deputy Head to the Commission who shall notify the Deputy Minister of Finance.
14 The Commission may reclassify an employee on the recommendation of the Deputy Head of the Department.
15 (1) Subject to subsections (2) and (3), the rate of compensation for a person appointed to a position in the civil service shall be at the minimum rate prescribed for the class to which the person is appointed.
(2) The rate of compensation of a person upon appointment to a position may be at a rate higher than the minimum rate prescribed for the class, if, in the opinion of the Commission, such higher rate is necessary to effect the appointment of a qualified person to the position or if the person to be appointed to the position has qualifications in excess of the minimum requirements for the position.
(3) Subject to subsection (4) the rate of compensation of a person upon promotion to a position in a higher pay range shall be at the next higher rate or the minimum of the new class, whichever is greater, than that received by the employee before the promotion.
(4) The rate of compensation of an employee upon promotion to a position may be at a rate higher than that prescribed in subsection (3), if, in the opinion of the Commission, such higher rate is necessary to effect the promotion of a qualified person to the position.
(5) The rate of compensation of an employee upon demotion to a position in a lower pay range shall be at the next lowest rate or the maximum of the new class, whichever is lesser, than that received by the employee before the demotion.
(6) The Commission may, when the circumstances warrant, maintain an employee’s classification and rate of pay on a present incumbent only basis for such time as the Commission deems appropriate or may require that the employee’s salary be frozen if
(a) the employee is assigned the duties of a position which has a lower maximum salary than that previously received by the employee; or
(b) the employee’s position is reclassified to a classification having a lower maximum salary than the rate of pay in effect for that employee immediately prior to the reclassification.
16 The salary of an employee shall commence on the date on which he first reports for duty.
17 The Commission, on the recommendation of the Head or Deputy Head of the Department, may grant an annual increment for meritorious service after an employee has served for a period of twelve months following the effective date of appointment or a change in his rate of compensation, whichever is the later; or as ordered by the Governor in Council on the recommendation of the Commission.
18 (1) For the purpose of determining the initial increment date, the date of the appointment of an employee shall be deemed to be:
(a) the first day of the month if the employee reports for duty during the first eight days of the month;
(b) the first day of the following month if the employee reports for duty later than the eighth day of the month.
(2) Notwithstanding subsection (1), where a person is appointed to the civil service and has been employed in the public service on a full time basis other than as a civil servant in the same or similar position with the same department, board, commission or agency listed in Appendix “A”, and there is no break in the period of employment and the date of the civil service appointment, the increment date of the employee shall be established on the same basis as if the employee had been originally appointed as a civil servant.
(3) An employee’s increment date will change if:
(a) the employee is reclassified at which time the date of reclassification becomes his new increment date; or
(b) the employee has not received credit for a period of service in which case the employee’s anniversary date will be moved forward by an amount of time equal to the period of service for which he has not received credit; or
(c) an increment has been deferred due to unsatisfactory work performance.
19 Notwithstanding the provisions of Regulations 17 and 18, when a change in the rate of compensation of an employee occurs as a result of a negotiated increase or a periodic pay review, the increment review date shall remain unchanged.
20 When an employee is temporarily reclassified for a period of less than a year to a position having a maximum salary higher than the maximum salary of the employee’s present position, the increment review date shall remain unchanged. An increment shall not be granted until the employee has been reclassified back to his original position.
21 When an employee is temporarily reclassified for a period of one year or more to a position having a maximum salary higher than the maximum salary of the employee’s present position, the increment review date is changed to the effective date of the temporary reclassification.
22 When the employee is reclassified to his former position he shall receive the salary he would have received had he not been temporarily reclassified and his increment review date is reestablished as the review date prior to his temporary reclassification.
23 The rate of compensation resulting from an increment shall be effective on the first day of a month.
24 The recommendation for an increment shall be made by the Head or Deputy Head of a department on a prescribed form not later than fifteen days prior to the recommended date of the increment.
24A (1) Despite Sections 17 to 22, the Commission, on the recommendation of the Head or Deputy Head of a Department may, on April 1 of each year, grant an increment for meritorious service to an employee paid under the Management Classification and Pay Plan.
(2) The annual increment shall be determined in accordance with policies established by the Commission.
(3) This Section does not apply to
(a) solicitors employed in the Department of Justice Legal Services Division or with the Public Prosecution Service and civil service government lawyers in positions located outside of the Legal Services Division and the Public Prosecution Service who have been identified by the Public Service Commission to receive the same rates of compensation as the solicitors in the Legal Services Division; and
(b) persons employed in positions designated by the Governor in Council as being eligible for “at risk” performance pay for senior officials.
Section 24A added: O.I.C. 2002-333, N.S. Reg. 100/2002.
24B (1) Despite Sections 17 to 22, the Commission, on the recommendation of the Head or Deputy Head of a Department may, on April 1 of each year, grant an increment for meritorious service to an employee paid under the Liability Management and Treasury Services Classification and Pay Plan.
(2) The annual increment shall be determined in accordance with policies established by the Commission.
Section 24B added: O.I.C. 2005-441, N.S. Reg. 187/2005.
25 The salary adjustment resulting from a change in the classification of an employee and the effective date of the change shall be determined by the Commission in consultation with the Deputy Head(s).
26 Subject to Regulation 27, an employee shall receive payment of acting pay in those instances where the employee is substituting for another employee who will be returning to his or her position at the completion of the temporary absence. This regulation is not applicable in instances where a vacancy exists to be filled through competition.
27 Effective December 15, 1989, when an employee in the Administrative Support Classification and Pay Plan is designated to perform the principal duties of a higher paying position for a temporary period of three (3) or more consecutive days, the employee shall receive payment of acting pay, including the three (3) days, equivalent to ten percent (10%) higher than the employee’s existing rate of pay, provided that in no case shall the rate of payment for the period exceed the maximum rate of the higher paying position.
Section 27 replaced: O.I.C. 88-154, N.S. Reg. 46/88; amended: O.I.C. 90-935, N.S. Reg. 213/90.
28 When an employee in the Medical Services Classification and Pay Plan, the Dental Services Classification and Pay Plan, the Pathologists Classification and Pay Plan or the Laboratory Scientists Classification and Pay Plan is designated to perform the principal duties of a higher paying position for a temporary period in excess of ten (10) consecutive days, the employee shall receive payment of acting pay, including the ten (10) days, equivalent to two increment steps higher than the employee’s existing rate of pay, provided that in no case shall the rate of payment for that period exceed the maximum rate of the higher paying position.
Section 28 replaced: O.I.C. 88-154, N.S. Reg. 46/88.
29 When an employee in the Management Classification and Pay Plan is designated to perform the principal duties of a higher paying position for a temporary period in excess of ten (10) consecutive days, the employee shall receive payment of acting pay, including the ten (10) days, equivalent to two classifications higher than the employee’s existing rate of pay, provided that in no case shall the rate of payment for that period exceed the maximum rate of the higher paying position.
Section 29 replaced: O.I.C. 88-154, N.S. Reg. 46/88.
Section 30 repealed: O.I.C. 88-154, N.S. Reg. 46/88.
31 Acting pay shall not be paid an employee where an employee’s current position normally requires periodic substitution in the higher position as defined by the position specification, title and salary range.
32 Acting pay provisions shall not apply in series classification of positions.
33 Acting pay provisions do not preclude the right of the Deputy Head to assign duties of any employee among remaining employees of the work unit where temporary absences occur.
34 (1) Effective August 14, 2007, an employee shall receive a shift premium of $1.50 per hour for all hours worked, including overtime hours worked, on completed shifts in which 50% or more of the hours are regularly scheduled between 6:00 p.m. and 6:00 a.m.
(2) Effective August 14, 2007, an employee shall receive a weekend premium of $1.00 per hour for all hours worked, including overtime hours worked, on completed 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) An employee is not entitled to claim both a shift premium and weekend premium for the same hours worked.
Section 34 replaced: O.I.C. 2008-135, N.S. Reg. 116/2008.
35 (1) In this Section, the following definitions apply:
(a) “standby”, in relation to an employee, means 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) effective April 1, 2007,
(i) $15.31, on a day that is not a holiday,
(ii) $30.60, on a holiday;
(b) effective April 1, 2008,
(i) $15.75, on a day that is not a holiday,
(ii) $31.49, on a holiday;
(c) effective April 1, 2009,
(i) $16.21, on a day that is not a holiday,
(ii) $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) In addition to pay for standby time, an employee on standby who is called into and reports to work must be paid for a minimum of 4 hours at the straight time rate for the employee’s position or the applicable overtime rate, whichever is greater.
(7) The minimum of 4 hours’ pay 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.
Section 35 replaced: O.I.C. 2008-135, N.S. Reg. 116/2008.
36 Compensation for standby time shall be paid only when the Deputy Head or delegated official of the department or agency in which the employee is employed certifies on a form prescribed by the Commission that the standby time was necessary because of the particular nature of the position.
37 An employee designated for standby duty shall be available during his period of standby duty at a telephone number known to his immediate superior and be able to report for duty as quickly as possible if called.
38 No compensation shall be granted for the total period of standby if the employee is unable to report for duty when required.
39 An employee on standby duty who is called to work shall be compensated in addition to the standby pay, for a minimum of four hours at the straight time rate for a period worked or the applicable overtime rate, whichever is greater.
40 The minimum guarantee of four hours pay shall apply only once during each eight consecutive hours on standby.
Section 41 repealed: O.I.C. 2006-221, N.S. Reg. 68/2006.
Section 42 repealed: O.I.C. 2006-221, N.S. Reg. 68/2006.
43 Employees classified in the Educational Management Classification and Pay Plan occupying a position of Coordinator at the Nova Scotia Institute of Technology shall receive in addition to regular salary a per diem rate of pay for each day’s work performed beyond the normal teaching year, except where the work performed involves the proper preparation for normal closing and normal opening of classrooms and instruction as required of the position, providing such work is both required and approved by the Deputy Head of the Department of Education.
44 (1) Schedules containing the names of the positions not eligible for overtime shall be approved from time to time by the Commission.
(2) Compensation for overtime shall be paid except where, upon request of the employee and with the approval of the Deputy Head, time off in lieu of overtime hours worked may be granted.
(3) Where time off with pay lieu of overtime hours worked has not been granted prior to the end of the second calendar month immediately following the month in which the overtime was worked, compensation for overtime shall be paid.
Subsection 44(3) amended: O.I.C. 90-935, N.S. Reg. 213/90.
(3A) Where operational requirements permit, the deputy head may authorize an extension of the time limit provided in subsection (3).
Subsection 44(3A)added: O.I.C. 2003-325, N.S. Reg. 134/2003.
(4) Regardless of the classification of the position of an employee, where the nature of his position normally entails working irregular or extra hours and where the records of the Commission indicate that the Commission has taken that circumstance into account in setting the salary classification of the position, he is not entitled to time off with pay for overtime work under this Regulation or to compensation for overtime in lieu of time off with pay under Regulation 45.
(5) An employee must work at least twenty minutes beyond his normal shift before being eligible for overtime compensation.
(6) When an employee classified in the Health Services Managerial Classification and Pay Plan is required to report back to work after leaving the premises of the work location following completion of a shift, but before the commencement of his next shift, or is called back to work on a day the employee is not scheduled to work, he shall be granted a minimum of four hours pay at straight time rates, or overtime, whichever is greater.
(7) When an employee is required to work a minimum of three consecutive hours overtime following the employee’s scheduled hours of work and it is not practical for him to enjoy his usual mealtime before commencing such work, he shall be granted reasonable time with pay, as determined by the Deputy Head, in order that he may take a meal break either at or adjacent to his place of work and shall be reimbursed for the expense of one meal at an amount established by the Commission with the approval of Management Board except where a free meal is provided.
(8) An employee who is required to work overtime on his first scheduled day of rest shall be paid at the overtime rate of time and one-half.
(9) An employee who is required to work overtime on his second or subsequent day of rest is entitled to compensation at double time for all hours worked. Second or subsequent day of rest means the second or subsequent day in an unbroken series of consecutive calendar days of rest.
(10) In computing overtime a period of thirty minutes or less shall be counted as one-half hour and a period of more than thirty minutes but less than sixty minutes shall be counted as one hour.
(11) Subject to the operational requirements of the [civil] service, the Deputy Head shall make every reasonable effort to:
(a) allocate overtime work on a fair and equitable basis among readily available and qualified employees; and
(b) give employees who are required to work overtime adequate advance notice of this requirement.
(12) In every department or institution a record shall be maintained of overtime worked by employees and of time off with pay granted to employees for overtime work or compensation paid to employees for overtime work. Such records shall be maintained for all employees including managerial and confidential exclusions as well as those in the bargaining units.
45 (1) An employee is entitled to time and one-half compensation for each hour of overtime worked by him.
(2) Compensation for overtime worked by an employee shall be paid only when the Deputy Head or the Head of the institution in which the employee is employed certifies, on a form prescribed by the Commission, that the overtime work was necessary and was unforeseen, or, if it was foreseen, was beyond the control of the department or institution and that it could not be conveniently or effectively performed during normal working hours by the employment of additional staff or by other measures.
(3) A copy of every certificate given under subsection (2) shall be filed with the Commission and the Deputy Minister of Finance.
(4) It is the responsibility of the Commission to:
(a) maintain records of overtime worked;
(b) conduct inquiries where overtime appears excessive;
(c) assist departments in developing alternate means of performing priority work at less cost;
(d) periodically report to the Minister on the use of overtime in the government service.
46 Where due to operational requirements an employee who is not entitled to overtime is required by the Deputy Head to work beyond normal working hours, the Deputy Head may, as operational requirements permit, adjust subsequent hours of work.
46A (1) Part-time employees are entitled to overtime compensation in accordance with the pay plan for work in excess of the regular full-time weekly hours, except where the applicable hours of work are on a biweekly basis in which case part-time employees are entitled to overtime compensation for hours in excess of the regular full-time bi-weekly hours.
(2) Part-time employees who are scheduled for a shift of seven or more hours are entitled to overtime compensation for the time worked beyond such shift.
(3) Part-time employees who are scheduled to work a shorter period than the full-time shift are entitled to overtime compensation after they have worked the equivalent of the full-time shift.
(4) Part-time employees are entitled to overtime compensation for work in excess of the regular full-time daily hours.
Section 46A added: O.I.C. 90-935, N.S. Reg. 213/90.
47 (1) Subject to statutory requirements and these regulations, each employee shall work from 8:30 a.m. to 4:30 p.m., on each day of the week exclusive of Saturdays, Sundays, and holidays, and shall be allowed one hour each day for lunch at such time as the Deputy Head determines.
(2) Each employee shall be allowed two rest periods per day, the combined time of which shall not exceed thirty minutes.
(3) The Commission, on the recommendation of the Head or Deputy Head, may require an employee to work days and hours other than those designated in subsection (1) and may vary the hours and days of work of an employee in a position, the duties and nature of which require hours and days of work other than those specified in subsection (1).
(4) Subject to these regulations, an employee shall work not less than forty hours a week including the lunch period.
(5) The Deputy Head, with the approval of the Commission, may where operational requirements and efficiency permit, authorize experiments with flexible working hours, if the Deputy Head is satisfied that a sufficient number of employees have requested and wish to participate in such an experiment.
48 (1) Employees in the Administrative Support Classification and Pay Plan shall be entitled to receive vacation leave with pay effective April 1, 2007,
(a) during the first 72 months of service at the rate of 1 1/4 days for each month of service;
(b) after 72 months of service at the rate of 1 2/3 days for each month of service;
(c) after 192 months of service at a 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.
Subsection 48(1) replaced: O.I.C. 2003-325, N.S. Reg. 134/2003.
(2) Employees in the Dental Services Classification and Pay Plan shall be entitled to receive vacation leave with pay effective October 6, 1989
(a) during the first forty-eight (48) months of service at the rate of one and one-quarter (1 1/4) days for each month of service;
(b) after forty-eight (48) months of service at the rate of one and two-thirds (1 2/3) days for each month of service;
(c) after two hundred and four (204) months of service at the rate of two and one-twelfth (2 1/12) days for each month of service; and
(d) after three hundred and sixty (360) months of service at the rate of two and one-half (2 1/2) days for each month of service.
Original subsection 48(2) repealed; subsection 48(4) renumbered (2): O.I.C. 2003-325, N.S. Reg. 134/2003.
(3) Employees in the Dental Services Classification and Pay Plan shall be entitled to receive vacation leave with pay effective January 1, 1991
(a) during the first forty-eight (48) months of service at the rate of one and one-quarter (1 1/4) days for each month of service;
(b) after forty-eight (48) months of service at the rate of one and two-thirds (1 2/3) days for each month of service;
(c) after two hundred and four (204) months of service at the rate of two and one-twelfth (2 1/12) days for each month of service; and
(d) after 288 months of service at the rate of two and one-half (2 1/2) days for each month of service.
Original subsection 48(3) repealed; subsection 48(5) renumbered (3): O.I.C. 2003-325, N.S. Reg. 134/2003.
Subsection 48(3A) repealed: O.I.C. 2003-325, N.S. Reg. 134/2003.
(4) Employees in the Medical Services Classification and Pay Plan, the Pathologists Classification and Pay Plan and the Laboratory Scientists Classification and Pay Plan shall be entitled to receive vacation leave with pay effective October 6, 1989
(a) during the first two hundred and four (204) months of service at the rate of one and two-thirds (1 2/3) days for each month of service;
(b) after two hundred and four (204) months of service at the rate of two and one-twelfth (2 1/12) days for each month of service; and
(c) after three hundred and sixty (360) months of service at the rate of two and one-half (2 1/2) days for each month of service.
Subsection 48(6) renumbered (4): O.I.C. 2003-325, N.S. Reg. 134/2003.
(5) Employees in the Medical Services Classification and Pay Plan shall be entitled to receive vacation leave with pay effective April 1, 2007
(a) during the first 192 months of service at a rate of 1 2/3 day for each month of service;
(b) after 192 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.
Subsection 48(7) renumbered (5): O.I.C. 2003-325, N.S. Reg. 134/2003; replaced: O.I.C. 2008-135, N.S. Reg. 116/2008.
(6) Employees in the Management Classification and Pay Plan shall be entitled to receive vacation leave with pay effective April 1, 2007,
(a) during the first 72 months of service at the rate of 1 1/4 days for each month of service;
(b) after 72 months of service at the rate of 1 2/3 days for each month of service;
(c) after 192 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 1/2 days for each month of service.
Subsection 48(6) added: O.I.C. 2003-325, N.S. Reg. 134/2003.
(7) Employees in a position in the Management Compensation and Pay Plan which, prior to August 9, 1981, would have been in either the Health Services Management “A” Classification and Pay Plan or the Health Services Management “B” Classification and Pay Plan shall be entitled to receive vacation leave with pay effective October 6, 1989
(a) during the first forty-eight (48) months of service at the rate of one and one-quarter (1 1/4) days for each month of service;
(b) after forty-eight (48) months of service at the rate of one and two-thirds (1 2/3) days for each month of service; and
(c) after two hundred and four (204) months of service at the rate of two and one-twelfth (2 1/12) days for each month of service.
(d) after three hundred and sixty (360) months of service at the rate of two and one-half (2 1/2) days for each month of service.
Subsection 48(11) renumbered (7): O.I.C. 2003-325, N.S. Reg. 134/2003.
(8) Employees in a position in the Management Compensation and Pay Plan which, prior to August 9, 1981, would have been in either the Health Services Management “A” Classification and Pay Plan or the Health Services Management “B” Classification and Pay Plan shall be entitled to receive vacation leave with pay effective January 1, 1991
(a) during the first forty-eight (48) months of service at the rate of one and one-quarter (1 1/4) days for each month of service;
(b) after forty-eight (48) months of service at the rate of one and two-thirds (1 2/3) days for each month of service; and
(c) after two hundred and four (204) months of service at the rate of two and one-twelfth (2 1/12) days for each month of service.
(d) after 288 months of service at the rate of two and one-half (2 1/2) days for each month of service.
Original subsection 48(8) repealed; subsection 48(12) renumbered (8): O.I.C. 2003-325, N.S. Reg. 134/2003.
Subsections 48(9), (10) and (10A) repealed: O.I.C. 2003-325, N.S. Reg. 134/2003.
(9) Crown Attorneys with the Public Prosecution Service and solicitors with the Department of Justice’s Legal Services Division and civil service government lawyers in positions outside of the Public Prosecution Service and the Legal Services Division who have been identified by the Public Service Commission as entitled to receive the same rates of compensation as solicitors in the Legal Services Division are entitled to receive vacation leave with pay effective April 1, 2007,
(a) during the first 72 months of service, at the rate of 1 1/4 days for each month of service;
(b) after 72 months of service, at the rate of 1 2/3 days for each month of service;
(c) after 192 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 ½ days for each month of service.
Subsection 48(9) added: O.I.C. 2004-450, N.S. Reg. 232/2004.
(10) Employees paid under the Liability Management and Treasury Services Classification and Pay Plan are entitled to receive vacation leave with pay effective April 1, 2007,
(a) during the first 72 months of service, at the rate of 1 1/4 days for each month of service;
(b) after 72 months of service, at the rate of 1 2/3 days for each month of service;
(c) after 192 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 1/2 days for each month of service.
Subsection 48(10) added: O.I.C. 2005-441, N.S. Reg. 187/2005.
Section 48 replaced: O.I.C. 90-935, N.S. Reg. 213/90; amended: O.I.C. 2008-135, N.S. Reg. 116/2008.
49 (1) Except as otherwise provided in these regulations, vacation leave entitlement shall be used within the year in which it is earned. The employee shall advise the Deputy Head or delegated official of his vacation preference as soon as possible for the following year but before March 31, in each year.
(2) If at the end of the vacation year an employee’s entitlement to vacation leave with pay includes a fractional entitlement of less or more than one-half day, the entitlement shall be increased or decreased to the nearest one-half day.
(3) The vacation year shall be April 1 to March 31 inclusive.
50 (1) &#