Vacation Leave Usage and Leave with Pay for Other Reasons (699) in a COVID-19 Context

Treasury Board Secretariat released updated guidance on the application of Leave with Pay for Other Reasons (699) that is in effect as of November 9, 2020. This updated guidance emphasizes that 699 leave is to be granted on a case-by-case basis, and only after remote or alternate work, or flexible work hours have been considered, and only after all other relevant paid leave has been used by the employee.

It is important to note that employees will not be required to use Vacation Leave in situations where they may require leave as a result of COVID-19. However, employees may elect to use Vacation Leave in certain scenarios. For more information on the application of leave provisions during the COVID-19 pandemic, and to prepare for possible sensitive discussions with employees, please refer to the Practical Guide for Managers - Use of Leave with Pay for Other Reasons (699).

Notwithstanding the above, the intent of the Vacation Leave provisions of the collective agreement is to ensure that employees take all their Vacation Leave entitlements during the fiscal year in which they are earned. As such, employees should be scheduling Vacation Leave to take the time to rest and relax away from work.

The purpose of this Labour Relations Bulletin is to assist managers in reviewing the scheduling of their employees annual Vacation Leave in the COVID-19 context.

Managers should hold regular discussions with their employees surrounding the scheduling of Vacation Leave entitlements earned in the current fiscal year.

The following approach should be taken when reviewing the use of Vacation Leave entitlements and its application in regards to Leave with Pay for Other Reasons (699):

1. The manager should have an open dialogue with the employee on their current situation and their leave usage, including how they plan on using their remaining Vacation Leave entitlements.
2. If the employee has used or already submitted a request to use all of their Vacation Leave entitlements earned in the current fiscal year, Leave with Pay for Other Reasons (699) may be granted, where applicable, as per the guidance found in the Practical Guide for Managers - Use of Leave with Pay for Other Reasons (699).
3. If the employee has an outstanding balance of Vacation Leave entitlements earned in the current fiscal year, the manager, on a case-by-case basis, should take the following into consideration:
   1. The employee's personal circumstances (e.g. single parent).
   2. The employee's past Vacation Leave usage:
      • Vacation Leave usage for non-COVID related family related responsibilities.
      • The timing of the Vacation Leave usage.
      • The amount normally taken.
   3. Operational requirements given the current context (high volume of work to perform, mandate of the Department).
4. Based on the information and discussion with the employee, and consultation with Labour Relations, the manager may allow the employee to keep Vacation Leave entitlements that have been earned in the current fiscal year without requiring that they schedule them. The employee could then access Leave with Pay for Other Reasons (699), where applicable, as per the guidance found in the Practical Guide for Managers - Use of Leave with Pay for Other Reasons (699).
5. After reviewing all considerations enumerated in (3), the manager may encourage the employee to immediately plan and submit leave requests to exhaust their Vacation Leave entitlements as per collective agreement requirements and to encourage a mental health break and recharge. In certain situation, the manager may exercise their right to schedule Vacation Leave for the employee, after consulting with Labour Relations.
6. Vacation Leave cancellations should be reviewed carefully as they should not be done for the sole purpose of obtaining Leave with Pay for Other Reasons (699). Managers must consult with Labour Relations for each cancelation request.

• Vacation Leave should be used in the fiscal year in which it is earned. It is important for employees to take Vacation Leave in order to rest and relax away from work. In certain situations, manager may exercise their right to schedule Vacation Leave. Managers should not schedule any banked Vacation Leave entitlements.
• Employees may be expected to avail themselves of other relevant leave, prior to being granted Leave with Pay for Other Reasons (699). However, they should not be required to use their Vacation Leave to cover COVID-19 related absences.
• Labour Relations must be consulted prior to approving, denying or continuing to approve Leave with Pay for Other Reasons (699). The level of delegation required to approve or refuse this type of leave is level 3 for EXs (Director General) and level 5 (Manager) for non-EXs according to the Table of Human Resources Authorities.