Considerations For Alternative Work Locations

Due to the COVID-19 pandemic, the majority of our employees are currently working remotely. This new reality has raised questions as we navigate an increasingly mobile workforce. The purpose of this Labour Relations Bulletin is to assist managers in understanding workplace and work arrangement options currently available when hiring new employees as well as when responding to requests from current employees to work away from their designated workplace

Designated Workplace : The business address where the employee would perform their duties if an alternate work arrangement was not in place. It is the location where the employee will need to report to for business reasons such as meetings, training and will return to if and when the telework/hoteling/remote agreement is terminated and/or not renewed. The designated workplace identified by the employer will also be the reference point for determining travel cost calculations, in accordance with the National Joint Council (NJC) Travel Directive, income source deductions and entitlements in the context of a workforce adjustment exercise

The designated workplace will also be used should there be a workplace incident/accident in determining the Provincial Worker’s Compensation Board (WCB) to submit an application to, unless the employee is working outside Canada. For cases outside Canada, WCB applications are to be completed for the Ontario WCB also known as Workplace Safety and Insurance Board (WSIB).

Managers are responsible for determining the work location of a position. Job advertisements must include all possible work locations to ensure candidates can make an informed decision as to whether to apply. Furthermore, letters of offer must include the employee’s designated workplace.

The designated workplace needs to be a location for which Employment and Social Development Canada has a rental agreement (Active Location List). In most cases, a footprint (specific locations allocated to the Branch/Directorate/Division) exists that managers can consider when hiring new employees. An employee’s designated workplace has an impact on elements such as income tax deductions, eligibility to participate in an advertised job opportunity (i.e. determining if an employee is part of the area of selection) and reimbursement of relocation or travel expenses as per the NJC directives. Given the current legislative and policy requirements as well as other considerations that apply to federal government organizations, the designated workplace cannot be an employee's home address regardless of its location.

Furthermore, the designated workplace must be located within Canada, although employees who reside outside of Canada may be permitted to telework from their residence (see Telework section below for further information).

In the current context of the pandemic in which the Business Continuity Plan is enacted, virtual work is the norm. However, it is important to keep in mind that while remote work is currently possible, an employee must still be assigned a designated workplace, to which they would be expected to report to, when required Employees may be permitted or required to work from alternate work locations, without the need to change their designated workplace. The following provides a list of alternate work location arrangements, their definition as well as some important considerations for each.

Remote Work

Remote work is defined as work being accomplished in a remote location that may be used as a temporary measure during unforeseeable circumstances, such as pandemics, states of emergencies, inclement weather. Our current and unprecedented situation is best described as remote work/working remotely. Additional information around remote work considerations can be found in the COVID-19 Manager’s Guide.

Telework

Telework is the voluntary, flexible working arrangement whereby employees request and have approval to carry out some or all of their work duties away from the designated workplace. The designated workplace would not change in this scenario. It is important to note that either party can end this agreement at any time. Therefore, an employee must retain their ability to report to their designated work location. Information on how to respond to telework requests can be found on the Telework page available on iService.

When employees are requesting and/or have approval to conduct their normal day-to-day work duties away from their designated workplace in a location outside of Canada, it is referred to as foreign telework. In evaluating the request itself, management should consider the risks, and/or recommendations provided by Security, Labour Relations and Occupational Health and Safety in their overall assessment. Given the COVID-19 context, the Government of Canada travel advisories and possible public perception, it is important to exercise caution when considering the approval of a foreign telework request. Please note as of December 22, 2020, ADM level approval is required for all foreign telework requests.

Hoteling

A temporary arrangement, where an employee works from an employer’s premise other than the designated workplace, for example, an employee occupying a position within the Human Resources Services Branch working from a Service Canada Centre location.

Considerations applicable to all alternate work locations

• The delegated manager is responsible for assessing the safety and security of a work location (within Canada) prior to approving any request.
• Should a situation arise in which an employee is required to work from a public location (i.e. working from the airport while on Travel Status) they must be aware of the risks associated with this from a privacy, security and classification of protected information perspective. The risks and onus on the employee are higher in these situations and it is recommended to exercise more caution given the uncontrolled nature of the environment.
• Employees are expected to maintain a secure work environment, which meets all security and health and safety requirements.
  • Employees are responsible for the safeguarding of government information and must follow the appropriate security practices when using IT equipment and the departmental network
  • Best practices to apply when working remotely
• The manager must take into account the following consideration and discuss any potential impacts with the employee prior to approving an alternate work location arrangement:
  • Are there any impacts on operations due to any time zone differences, including the ability for the employee to maintain contact with the manager and the team?
  • Is it anticipated that the employee may be required to present themselves to their designated workplace for meetings and/or training and if yes, is it feasible from a travel and cost perspective for the employee to return (planned or short notice return)?
  • Is there a plan in place should the employee experience connectivity or IT issues, or should their equipment require replacement or updates?
  • Have performance expectations and measures/standards been established, agreed to and clearly understood? Will there be an impact on or a change to how performance will be measured?
  • Should further assistance be required, managers can also submit requests to the Human Resources Service Centre (HRSC), which will facilitate discussion with the appropriate subject matter expert.
• Employees working in an alternate work location continue to have a responsibility for maintaining their professional conduct as stated in the ESDC Code of Conduct: “Public servants shall serve the public interest by acting at all times with integrity and in a manner that will bear the closest scrutiny, an obligation that may not be fully satisfied by simply acting within the law.”
• Alternate work arrangements such as telework are formalized outside of the letter of offer through a separate agreement form.

During the course of employment, several events may arise that could result in changes to a designated workplace.

When an employee moves into a new position (appointment or deployment) with a different designated work location, the employee may be eligible for relocation benefits. Relocation is the authorized move of an employee from one workplace to another. The move consists of relocating from the current principal residence, to a new principal residence in order to report to the new workplace. If an employee decides to relocate to another location, other than-within reasonable commuting distance of their new workplace, relocation does not apply.

Note that if an employee who is eligible for relocation benefits decides to relocate prior to contacting the National Relocation Office; any costs incurred will not be reimbursed.

Relocation Alternate Workplace Roadmap

Relocation Alternate Workplace Roadmap (PDF, 3 MB)

While this roadmap addresses the most frequent situations encountered, it is not reflective of all potential relocation scenarios.

Employees considering relocating to another city/province, either permanently or temporarily, must first consult with their manager.

Prior to the issuance of a letter of offer that may result in a relocation and/or a change in the designated worksite of a position, managers must contact the National Relocation Office (NRO) at nc-relocation-reinst@servicecanada.gc.ca to determine if the National Joint Council Relocation Directive applies.

Area of Selection

During a staffing process, the manager must set an area of selection. When establishing an area of selection, the manager must describe the area of selection in terms of organizational, geographic, occupational and/or employment equity criteria to determine the eligibility of individuals for consideration in an appointment process. Managers should take into considerations the possible work location(s) for the functions and the type of work arrangement that may be possible, now and in the future. In the context of an internal advertised process (i.e. job open to employees of the public service), the intent is to provide for a reasonable pool of potential candidates while keeping in mind business needs such as efficiency, flexibility and costs. A national area of selection applies for all external advertised processes (i.e. jobs open to the public), meaning that “persons residing in Canada and Canadian citizens residing abroad” are eligible (some exceptions apply).

Hiring of Non-Canadians

As per the Public Service Employment Act (PSEA), when hiring from an external advertised process (i.e. job open to the public), preference must be given to Canadian citizens. Managers are encouraged to consult their HR Advisor to obtain advice and guidance when considering the hiring of a non-Canadian

Security

Non-Canadian citizens who are considered for employment with the Department are required to pass through the security screening process like all other individuals joining the organization. Depending on how long the individual has been residing in Canada, a background check and a criminal record check may still be required from their country of birth.

It is important to note that the security screening process for non-Canadian citizens requires additional steps and is much more complex. As such, managers should be aware that it will require more time than the process for Canadian Citizens. Managers are encouraged to seek advice from their Regional Security Office regarding the security screening process for a candidate who is a foreign national.

• Employees must have a designated workplace, which is a location in Canada for which Employment, and Social Development Canada has a rental agreement (Active Location List).
• When exploring alternate work location arrangements, delegated managers have several options available to them such as remote work, telework and hoteling.
• When hiring, the sub-delegated manager should take into considerations the possible work location(s) for the functions and the type of work arrangement that may be possible, now and in the future.
• When considering hiring non-Canadian citizens, managers must ensure that preference is given to Canadian Citizens for external advertised processes. Furthermore, managers should be aware that the security clearance process for non-Canadians requires more time due to its complexity.
• Both managers and employees must be aware of constraints surrounding the safety and security of the work location and their respective roles and responsibilities.