Leave
- How does the duration of an employee’s leave of absence impact alternation where the position has not been filled permanently?
If a person is on leave of absence, and their position has been filled indeterminately, they have a “leave of absence priority”, pursuant to the Public Service Employment Act.
An employee who becomes disabled and who, as a result of the disability, is no longer able to carry out the duties of their position accorded has a “disability priority”, in accordance with the Public Service Employment Regulations.
An employee who is on leave but whose position has not been filled, is still occupying his or her position, and may be declared affected or surplus. If this occurs while they are on leave, a decision as to whether to provide them with a guarantee of a reasonable job offer or to declare them opting will not be made until they return to work.
- The WFA states that a person who’s position has been backfilled permanently while on leave without pay do not get the benefits of WFA and only have priority with the PSC. What is the reasoning behind this?
This is not dealt with in the workforce adjustment appendix of the collective agreement, but rather is covered under legislation and employer policies. If an employee is on leave and their position has been staffed indeterminately, they are accorded a leave of absence priority. Since they no longer occupy a particular position, there is no job from which to be declared surplus. The employee occupying the position would be declared surplus if that position was no longer required.
- Does workforce adjustment apply while you’re on a personal needs leave?
If you are on leave of absence, and your position has not been staffed indeterminately, you will be notified in writing at the same time as other employees. However, normally a decision as to whether you will be given a Guarantee of a Reasonable Job Offer or be declared an Opting Employee will not be made until you return to work at the end of the leave.
During the affected period however, even if you are on leave, you may be invited to participate in any assessment processes for retention/layoff or staffing processes to fill new vacancies. The Public Service Commission advises managers to look at each situation on a case-by-case basis, depending on the type of leave. For example, if an employee is on long term sick leave and is unable to participate in an assessment process, or needs accommodation in order to do so, management must accommodate the employee.
Even if you are on leave when you are notified that you are affected, you should become aware of your rights under the WFAA and management should keep you informed about the situation.
- I am an affected employee, how will this impact my maternity leave?
First, remember that being declared “affected” does not necessarily mean that you will become surplus. It is possible to be declared “affected” and ultimately remain in your job.
If you are already on maternity leave when your position is affected, you will be notified in writing at the same time as other employees. However, normally a decision as to whether you will be given a Guarantee of a Reasonable Job Offer or be declared an Opting Employee will not be made until you return to work at the end of the leave.
During the affected period however, even if you are on leave, you may be invited to participate in any assessment processes for retention/layoff or staffing processes to fill new vacancies. The Public Service Commission advises managers to look at each situation on a case-by-case basis, depending on the type of leave. For example, if an employee is on long term sick leave and is unable to participate in an assessment process, or needs accommodation in order to do so, management must accommodate the employee.
Even if you are on leave when you are notified that you are affected, you should become aware of your rights under the WFAA and management should keep you informed about the situation.
The answer to this question will depend on your particular situation, the timing of the WFA situation, and the timing of your leave. In all cases, it is important to ask questions of your manager and your union, and be aware of your rights and obligations under the WFAA.
The Workforce Adjustment Agreement does not specifically deal with situations where employees are declared surplus before they go on maternity leave. However, management must always treat each situation on a case-by-case basis and special considerations must be made.
Speak to your manager about your situation first and ask how they plan to treat your particular situation. Will time periods be extended or paused during the leave? Will decisions need to be made before or after your leave? Will special considerations or accommodations be made for your situation? Get as much information as possible, preferably in writing.
Review the tools provided on the PSAC website on workforce adjustment and familiarize yourself with them. Speak to your union representative about your situation and ask their advice.
Management has a duty to accommodate, and you can request special accommodation due to your maternity leave. If you are refused accommodation or negatively impacted solely because of your pregnancy or family status, this may be considered discrimination under the Canadian Human Rights Act. If you believe you have been the victim of discrimination based on pregnancy or family status, speak to your union representative about the situation, and the possibility of filing a grievance under the No Discrimination clause in the collective agreement.