Continuous/ Discontinuous Service

The accrual rate for vacation leave is usually based on continuous/ discontinuous service. This section defines and specifies what type of previous service counts.

• Definition
• Impact on Vacation Leave Entitlements
• Discontinuous Service Examples
• Difference in Meaning

Definition

Continuous/discontinuous service is defined as one or more periods of eligible public service in the Public service, as defined by the Public Service Labour Relations Act (PSLRA), which refers to Schedules I, IV and V, listed in the Financial Administration Act (FAA).

Impact on Vacation Leave Entitlements

The number of weeks of vacation leave granted to you annually depend on the number of years of service that you have accumulated in working for government departments or agencies recognized in Schedules I, IV and V, listed in the Financial Administration Act (FAA). Most collective agreements allow you to count current and past service with the federal government, whether continuous or discontinuous.

However, there is one restriction. You cannot include a discontinuous period for which you received severance pay, unless the termination was because of lay-off and you were subsequently re-appointed to the Public Service within one year.

Eligible service may include both full-time and part-time employment. Part-time periods are not pro-rated. Calculations are based on the actual length of the period(s) regardless of the status.

Discontinuous Service - Examples

The following examples demonstrate how to establish eligible discontinuous service for the purpose of determining an appropriate monthly rate in the calculation of vacation leave entitlements.

1. No severance payout at termination – Departments in FAA, Schedule I or IV
   
   
   • previous service from February 1, 1982 to December 31, 1990
   • resigned January 1, 1991
   • with less than 10 years' continuous employment, no severance pay was payable
   
   
   Since severance pay was not received, the previous service counts towards the earning of vacation leave. This amounts to 8 years and 334 days of eligible Public Service.
   
   
2. Severance payout at termination (resignation) - Departments in FAA, Schedule I or IV
   
   
   • previous service February 1, 1981 to January 31, 1991
   • resigned February 1, 1991 with 10 years of continuous employment - received 5-week severance pay
   • re-appointed September 9, 1991
   
   
   Since severance pay was received on termination, the previous service cannot be counted towards determining vacation leave entitlement.
   
   
3. Severance payout at termination (lay-off) - Departments in FAA, Schedule I or IV
   
   
   • previous service February 1, 1984 to January 31, 1986.
   • laid off February 1, 1986 with 2 years of continuous employment - received 3 weeks severance pay
   • re-appointed January 2, 1987
   
   
   Since the re-appointment occurred within one year of lay-off, these two years of previous service count as eligible Public Service even though severance pay was received at termination. 
   
   
4. Previous service - Canadian Armed Forces (CAF) or RCMP
   
   
   • previous RCMP/CAF service from June 1, 1961 to May 31, 1991
   • retired June 1, 1991
   • hired as Public Servant effective August 1, 1991 - elects to surrender pension
   
   
   RCMP/CAF service does not count as eligible Public Service in the calculation of vacation leave entitlements. 
   
   
5. Previous service - Crown Corporation in FAA, Schedule II or III
   
   
   • indeterminate employment with the Canada Post (formerly the Post Office department) from September 2, 1981 to May 31, 1991
   • Canada Post became a Crown Corporation effective October 16, 1981
   • Resigned June 1, 1991
   • Appointed indeterminately in the Public Service effective June 3, 1991
   
   
   Only the period prior to Canada Post becoming a crown corporation counts as discontinuous service, that is 44 days for the period September 2 to October 15 1981.
   
   
6. Previous service – Departments in FAA, Schedule V
   
   
   • indeterminate employment with the Security Division of the Royal Canadian Mounted Police (RCMP) effective May 2, 1983.
   • Security Service (RCMP) – Schedule I service - became the Canadian Security Intelligence Service (CSIS) – Schedule V service - effective July 16, 1984
   • resigned from CSIS June 22, 1991
   • appointed on an indeterminate basis with Agriculture Canada - Oct 28, 1991
   
   
   Total period counts as discontinuous service for determining vacation leave - 8 years and 51 days - from May 2, 1983 to June 21, 1991. 

Difference in Meaning

Continuous employment, continuous service and continuous/discontinuous service have different meanings and application. Most collective agreements base the calculation of vacation leave credits on continuous/discontinuous service, however, there are some collective agreements that still provide for the accrual of credits based on continuous employment. Also, the majority of collective agreements contain a grandfather provision for vacation leave credits previously earned under a continuous employment clause.