Leave with Pay for Family-Related Responsibilities

During the last rounds of collective bargaining, changes were made to collective agreements that affect the application of some leave provisions.

Among other things, the purpose of this Labour Relations Bulletin to clarify the provision of Leave with Pay for Family Related-Responsibilities, including the recent expansion of the definition of Family and the notion of Duty of Care.

In the context of COVID-19, this bulletin should be read in conjunction with the Practical Guide on the Use of Leave With Pay for Other Reasons (699).

Expanded Definition of Family

During the last round of collective bargaining, the definition contained in most collective agreements was modified, giving "family" a definition that is broader and more inclusive with respect to specific clauses.

For example, in the recently signed Program and Administrative Services (PA) Collective Agreement, the definition of "family" expanded with the addition of 44.01 g):

In light of this expanded definition, Leave with Pay for Family-Related Responsibilities may be granted to an employee who requests time to accompany a friend to an appointment, who they consider as family, even though the friend is not related to the employee by blood.

Duty of Care

As for the Duty of Care, it was added to collective agreements during the previous round of collective bargaining.

The "Duty of Care" is a common law concept that characterises an obligation(s) that is owed between two or more people or organisations.

Employees requesting Leave with Pay for Family-Related Responsibilities for a relative towards who they have a Duty of Care (e.g. as per article 44.01 f) of the PA collective agreement) are not required to demonstrate any legal obligation to that relative. The employee's request for leave and, if prompted by the supervisor, a statement that they require the leave to assist a relative should suffice (e.g. my elderly aunt broke her leg and because she lives by herself, she asked if I could take care of picking up her groceries this week).

In collective agreements applicable to ESDC, the total leave with pay that may be granted for Family Related-Responsibilities shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year. Seven decimal five (7.5) hours out of the thirty-seven decimal five (37.5) hours stipulated in the article may be used for appointments with a professional.

Employees working a reduced workweek (part-time employees) are entitled to the provisions in this article in proportion to their normal workweek schedule compared to thirty-seven point five (37.5) hours. For example, an employee working 30 hours per week is entitled up to 30 hours of Leave for Family Related-Responsibilities in the fiscal year. Six (6) hours of this leave could then be used for appointments with a professional.

A part-time employee who has their status changed to full-time will be granted up to the remainder of the thirty-seven point five (37.5) hours per fiscal year at the time of the change. On the other hand, if a full-time employee changed their status to part-time, the leave credits will be prorated to their new work schedule (e.g. from 37.5 to 20 hours/week), as of the date of the change. Any leave granted under full-time status that exceeds the new limit under part-time status will not be recovered or removed because of the status change.

Leave credits for Family-Related Responsibilities are available to employees at the outset of the fiscal year and are not contingent on the number of hours worked in each month. This means, at the beginning of the fiscal year, a full-time employee covered by the collective agreement, is entitled up to 37.5 hours of Leave with Pay for Family-Related Responsibilities, even if they intend to retire or go on leave without pay for the remainder of the year (e.g. maternity leave).

Unused leave credits for Family-Related Responsibilities are not carried over to the following year.

Employees who were approved for vacation leave can request the leave be changed to Leave with Pay for Family-Related Responsibility, because of illness in the immediate family (e.g. article 34.07 of the PA collective agreement). In the same vein, employees who were approved for compensatory leave can request the leave be changed to Leave with Pay for Family-Related Responsibility, on production of a medical certificate (e.g. article 44.04 of the PA collective agreement). Under both circumstances, if the change request is approved, the period of leave (annual or compensatory) used shall be added to the leave period, or reinstated for use at a later date.

The following table outlines the circumstances where Leave with Pay for Family-Related Responsibilities may be approved (refer to the relevant collective agreement for the specific article):

Reasons	Specifications	Leave Code	Considerations
Family Related (FR) -Appointments	Leave to take a family member for medical or dental appointments, or for appointments with school authorities or adoption agencies	410	Supervisor must be notified of the appointment as far in advance as possible
Family Related (FR) - Illness	Leave to provide for the immediate and temporary care of a sick member of the employee's family and to provide the employee with time to make alternative care arrangements where the illness is of a longer duration	420	-
Family Related (FR) - Illness	Leave to provide for the immediate and temporary care of an elderly member of the employee's family	420	-
Family Related (FR) - Adoption	Leave for needs directly related to the birth or the adoption of the employee's child	430	-
Family Related (FR) – School Functions	Leave to attend school functions, if the supervisor was notified of the functions as far in advance as possible	470	Supervisor must be notified of the appointment as far in advance as possible
Family Related (FR) – Closure/School	Leave to provide for the employee's child in the case of an unforeseeable closure of the school or daycare facility	471	-
Family Related (FR) – Professional Appt.	Leave to attend an appointment with a legal or paralegal representative for non-employment-related matters, or with a financial or other professional representative	472	Seven decimal five (7.5) Footnote 1 hours out of the thirty-seven decimal five (37.5) hours may be used for these reasons Supervisor must be notified of the appointment as far in advance as possible

For more information on how to submit the Leave in myEMS (PeopleSoft), managers are encouraged to consult the Compensation and Benefits iService page Leave with Pay – Family-related responsibilities.

For guidance on Leave with Pay for Family-Related Responsibilities, managers are encouraged to contact Labour Relations through the HRSC.

The definition of 'family' includes a person who the employee considers as family, regardless if there is any degree of consanguinity between the person and the employee.

Employees requesting Leave with Pay for Family-Related Responsibilities for a relative who they have a Duty of Care are not required to demonstrate any legal obligation to that relative.

According to most collective agreements, the total leave with pay that may be granted for Family Related-Responsibilities is up to thirty-seven decimal five (37.5) hours in a fiscal year, and up to seven decimal five (7.5) hours out of this leave may be used for appointments with a professional. This amount of leave is adjusted if the employees employment status (e.g. full-time vs part-time) changes.

Vacation leave or compensatory leave may be reinstated for illness in the family, or upon production of a medical certificate, as outlined in the respective clauses in the collective agreements.