Leave without Pay (LWOP) for six (6) or more days – General

The following applies to all types of LWOP requests for six (6) consecutive days or more, unless otherwise noted:

  • Employee Responsibilities
    • To avoid processing delays and overpayment situations, you should notify your Section 34 manager as soon as possible so all necessary steps can be initiated.
    • If applicable, you should apply for EI benefits online as soon as you stop working or receiving paid leave, even if the Record of Employment (ROE) has not been issued. A printed copy of the last pay stub can be used to apply for EI benefits. Please note that your ROE will be electronically transmitted to Service Canada once issued. You can view your EI claim status by creating an account via Access My Service Canada Account. 
    • For employees residing in Quebec and applying for benefits under the Québec Parental Insurance Plan (QPIP), note that a maximum of three (3) weeks of retroactive QPIP payments can be paid to you as of the date you submitted your application.  You can view your claim status by creating an account via My Québec Services Account.
    • If the initial LWOP period is more than 20 consecutive working days, you must initiate Step 1 of the Separation Clearance Process – refer to the Offboarding Employee – Departure Roadmap. 
    • If possible, you should review and update your personal information in myEMS (PeopleSoft), including your HOME email address prior to the start of your leave and on your return to work so that any future communication is received with minimal delays. Refer to Change to Personal Information for this process.
    • You must submit any outstanding leave requests in myEMS (PeopleSoft) and, if applicable, any outstanding overtime requests in Phoenix prior to your departure.  Refer to Leave with Pay /Extra Duty Pay (including Travel Expenses) / Shift Premiums for this process.
  • Manager / Section 34 Manager Responsibilities

    Important: All necessary forms requesting LWOP must be signed by Managers with valid, Section 34 authorization.

    • You are responsible to initiate the separation clearance process if your employee is unable to do so and complete the Separation Clearance Process on the effective date of the LWOP, if more than 20 consecutive working days.
    • You should ensure all outstanding leave requests are reported and approved in myEMS (PeopleSoft) and all outstanding overtime is reported and approved in Phoenix prior to the LWOP effective date.
    • Employees working a variable (compressed) schedule must revert to a regular schedule prior to taking a period of LWOP for six (6) or more days. You are responsible for updating the schedule in myEMS (PeopleSoft). Refer to Work Schedules / Hours of Work for instructions.
    • You are responsible for all required actions if your employee is unable to do so, such as leave requests in MyEMS (PeopleSoft), leave application forms and HR Portal requests, if applicable.  If your employee is unable to sign the leave form, we recommend a note is added in the Employee's signature section, eg. "Employee not available for signature".
    • For indeterminate employees, if the period of the same type of leave is greater than nine (9) months, you need to request a Rights and Obligations administrative letter from Staffing via the HRSC Portal:
      1. Section: I am a Manager…
      2. Select "General HR Enquiry"
      3. Category: Select "Staffing"
      4. Sub-Category: Select "Leave Without Pay (LWOP) – Prepare Rights and Obligations Letter"
      5. Description of Request: Identify the type and period of leave
      6. Attach the completed and signed GC178(s) for the entire period of leave;
      7. Submit your request

    An HR Consultant will prepare the letter for your signature, pursuant to the Directive on Leave and Special Working Arrangements.  To ensure an informed decision is made, you are responsible for providing the letter to your employee and discussing options regarding staffing their position if the leave period exceeds one (1) year in duration. 

    Important:  An employee's pay will not automatically start once they return to work following their leave. The manager is responsible for submitting a Pay Action request via the HRSC Portal to revert the employee back to active status.  Notification must be sent on the day of the employee's return to work (or return to pay, i.e. vacation leave) depending on the situation. Advance notification will not be accepted.  Refer to the return to work process under each LWOP type.

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