Frequently Asked Questions (FAQs)

The TBS Directive on Leave and Special Arrangements allows the employer to grant Time Off with Pay, for up to half a day, for employees to attend their own personal medical and dental appointments without charge to their leave credits in cases of routine, periodic check-ups.

Although the directive does not define what constitutes a routine or periodic check-up, it is normally limited to appointments of a preventative nature such as appointments for annual physical, dental check-up and eye exam. These types of appointments are normally scheduled in advance.

There may be cases where the appointment is periodic but not routine, yet could still qualify as being diagnostic and preventative in nature. Examples of this could include an appointment for a blood tests, colonoscopy, eye exam or a mammogram.

Time Off with Pay should not be granted for the treatment of a specific complaint or condition. Examples of these would be for a doctor’s appointment when the employee is feeling sick, any follow up appointments for treatment as a result of a diagnostic test or a condition, or a series of appointments to rectify or alleviate a condition such as, but not limited to, chiropractic needs, physiotherapy, psychologist. These absences are to be charged to the employee’s sick leave credits.

Managers should contact Labour Relations (HRSC) for guidance when they are uncertain whether Time Off with Pay applies.

For a full-time employee, including those on a compressed schedule, a half-day is considered to be one-half of the normal daily hours of work in accordance with the applicable collective agreement (e.g. a maximum of 3.75 hours in Time Off with Pay for an employee whose workday is 7.5 hours).

Part-time employees are entitled to Time Off with Pay for medical and dental appointments at a rate that is proportionate to the number of hours worked in their regular workday. For example, if an employee works 5 hours each day (25 hours per week), they would be entitled up to 2.5 hours to attend their appointment.

When approving requests for Time Off with Pay, the delegated authority must take into consideration what is reasonable based on individual circumstances. They must be satisfied that time off is being granted for the appropriate duration and circumstances. This could mean asking clarifying questions without compromising the employee’s right to privacy. For instance, managers may inquire as to whether the appointment is for an annual physical, for a diagnosis or, for treatment. They can also ask the location of the appointment in order to determine whether the requested duration is appropriate. Managers, however, must not inquire about the nature of appointments nor the diagnosis to respect employee privacy.

Managers are encouraged to contact Labour Relations (HRSC) for guidance when they are uncertain whether it is appropriate to ask clarifying questions.

Yes, requests for discretionary leave (e.g. vacation) may be authorized in the morning and an appointment authorized for the afternoon.

Additionally, two appointments can be taken in the same day (an annual physical appointment in the morning and a dental exam in the afternoon) without a charge to sick leave credits.

Medical appointments for pregnant employees are governed by the collective agreement. In the Program and Administrative Services (PA)¹ collective agreement, for example, Article 36 states:

• 36.01 Up to three decimal seven five 3.75 hours of reasonable time off with pay will be granted to pregnant employees for the purpose of attending routine medical appointments.
• 36.02 Where a series of continuing appointments are necessary for the treatment of a particular condition relating to the pregnancy, absences shall be charged to sick leave.

¹Other collective agreements have similar articles.

The leave code for medical and dental appointments is 698 - Other Paid Leave – Medical Dental Appt.

Additional information on how to enter leave requests into myEMS (PeopleSoft) can be found at Leave with Pay – Time off for personal medical and dental appointments.

Managers and supervisors should refer to ESDC’s Table of Human Resources Authorities.

While the diagnostic exam can be granted in Time Off With Pay, the appointment for the follow up of a pre-existing condition, or considered as part of an ongoing treatment program, should be charged to sick leave.

For example, an employee had cancer ten (10) years ago and, since their recovery, they are required to undergo an MRI on an annual basis to ensure no reoccurrence of the cancer. The annual appointment for the MRI should be considered as Time Off with Pay. However should the cancer return, any subsequent appointments should be charged as sick leave as they would be considered as a treatment intended to remedy a condition.

This logic may apply to employees with a family history of certain serious conditions who undergo annual screening. Each situation should be assessed on a case-by-case basis.

Persons with the delegated authority to approve or deny Time Off with Pay have the right to deny such absences due to operational requirements.

Persons with the delegated authority to approve or deny Time Off with Pay have the right to deny such absences due to operational requirements.

As flu shots are readily available in medical clinics and drug stores across the country, it is expected that employees schedule their appointments outside of working hours, or use sick leave (paid or unpaid, as applicable), as it is considered to be treatment for a specific condition.

While the condition may not yet exist (namely, the employee does not have the flu when they go to get the shot), it is for the prevention of a specific condition and is not diagnostic and/or exploratory in nature; therefore the appointment does not qualify for Time Off with Pay.

• Time Off for Personal Medical and Dental Appointments (TBS)
• Directive on Leave and Special Working Arrangements (TBS)

A grievance is a complaint made in writing, by an employee on their own behalf, or by a bargaining agent on behalf of an employee or group of employees¹.

¹Treasury Board of Canada Secretariat, Grievance Procedure (archived)

All public service employees can grieve, including former employees whose employment was terminated, with the exception of the following who cannot grieve:

• A person not ordinarily required to work more than one-third of the normal period for full time employees;
• A person employed on a casual basis;
• A person employed for a period of less than three months;
• A person hired under a student work program.

An employee is entitled to present an individual grievance if they feels aggrieved by:

• any occurrence or matter affecting their terms and conditions of employment;
• the interpretation or application of a statute, regulation, direction or other instrument made or issued by the employer, that deals with terms and conditions of employment; or
• a provision of a collective agreement or an arbitral award.

In addition to the above, it is to be noted that an employee can grieve a decision on any employment matter. The grievance may not be admissible but the employer still have the obligation to hear the grievance and address it on its merit.

There are (5) different types of grievances that can be submitted:

1. Individual – a grievance submitted by an employee on their behalf;
2. Group – a grievance submitted by a bargaining agent on behalf of a group of employees in a given bargaining unit, and within one department;
3. Policy – a grievance submitted by the employer or a bargaining agent related to an alleged violation of the collective agreement or arbitral award which affects employees generally;
4. Classification – a grievance submitted by employees who wish to grieve the classification of the work assigned by the responsible manager and described in the job description of the position they occupy;
5. National Joint Council (NJC) – with the support of their bargaining agent, an employee may file a grievance concerning the interpretation or application of NJC Directives (travel, relocation, workforce adjustment, occupational health and safety, etc.).

With the exception of the classification and NJC grievance, the grievance procedure is laid out through provisions in collective agreements. These provisions set out the following:

• The types of grievances which can be filed
• The number of steps or levels in the grievance process
• The time limits to initiate a grievance
• The time limits for the employer to respond
• What happens with the grievance if the matter is not resolved at each step

The procedure for classification grievances are found in the TBS Directive on Classification and the procedure for NJC grievances is located in the NJC Directives.

Persons delegated to respond to grievances at a specific level are in accordance with the Table of Human Resources Authorities.

It is to be noted that a distinct delegation structure exists for certain grievances (e.g. NJC grievances). For more information on how to response to those grievances, contact Labour Relations.

Labour Relations’s role is to provide advice and guidance to management through the entire grievance process.

At the first level, Labour Relations will provide advice and guidance on the grievance response. Managers are encouraged to seek support from Labour Relations through the Human Resources Service Centre (HRSC) once they receive a grievance (or a transmittal form).

At the second level and third (final level), Labour Relations will:

• Assist the delegated manager in identifying the best investigative approach (i.e. investigation, fact-finding) and supporting them through this exercise;
• Organize a grievance hearing with the union representative;
• Consult other subject matter experts, when required;
• Provide management with grievance response options, a risk assessment for each of them, as well as a recommendation.

In accordance with most collective agreements, an employee may present an individual grievance at the first level no later than 25 business days after the date they become aware of the action or circumstances giving rise to the grievance, and has 10 business days to transmit between levels.

The classification grievance procedure is a distinct one level process and the decision rendered is final and binding. An employee must submit a classification grievance no later than 35 calendar days after becoming aware of the action or decision affecting the classification of the position they occupy.

The prescribed timelines outlined for the different grievance procedures must be respected. Through mutual written agreement, the timeframes at any level of the grievance process may be extended, or placed in abeyance (example: pending outcome of Informal Conflict Management).

Grievances received or transmitted outside of the prescribed timeframes must be rejected. However, the managers should still sign the grievance transmittal form to acknowledge the reception of the grievance. It is recommended that a response be provided to address grievances on their merit even if they are denied on the basis of timeliness. The grievance must be rejected at all levels of the procedure. Managers should seek guidance from Labour Relations in these circumstances.

Note: Timeframes do not include holidays.

² For unrepresented employees, other than the EX group, whose employment conditions are derived from a collective agreement, the deadlines outlined in that collective agreement apply.

1. Determine whether the grievance was presented in accordance with the relevant directive or collective agreement (i.e. within prescribed time limits) and ensure that all sections of the Individual Grievance Presentation form are completed, signed and dated by the employee and the union representative (if required).
2. Acknowledge reception of the grievance by signing and dating the form (any person who has management responsibilities (supervisors, managers, excluded or not) can receive, sign and date grievance presentation and transmittal forms). Provide a signed copy of the Individual Grievance Presentation form to the aggrieved employee and the union representative (when applicable)³.
3. Send a copy of the grievance presentation via the HRSC Web Application to obtain a grievance number. Enter the grievance number on the Individual Grievance Presentation form and inform the employee and union representative of the number. A Labour Relations Advisor will be assigned to the file and will contact the manager to provide support throughout the process.
4. Create a grievance file containing the Individual Grievance Presentation form, the emails, and any other relevant documents pertaining to the grievance such as notes from grievance hearing, union submissions, leave request forms, work description, jurisprudence, directives or policies.
5. Consider the option of informal resolution of the grievance, through the Office of Informal Conflict Management (OICM). Discuss the option with the employee and/or union representative, as well as Labour Relations. When feasible, if an employee has chosen to be represented by a union representative, it is recommended that such discussions be initiated with that representative. Put the grievance in abeyance if the employee and/or their union representative agree to the informal process.
6. If informal resolution is refused, or attempted without success, the delegated manager offers and organizes a grievance hearing, and attends it in person, by telephone or videoconference (Appendix 1 – Sample Letters/Emails). The hearing gives the employee the opportunity to provide information or details about the circumstances that gave rise to the grievance and provides management the opportunity to obtain of the facts of the grievance. The employee/representative may also decide to provide management with a written submission instead or in addition to the grievance hearing.
7. At the first level of the procedure, a grievance report should be created, ideally using the Grievance Report, to summarize the relevant information about the grievance (not to be shared with the other party).
8. Provide a response to the grievance (Appendix 2 – Sample Response to Grievance) within the prescribed time frame. Provide the response to the aggrieved employee and the union representative (when applicable) and ask the employee to sign and date to acknowledge receipt.
9. Submit the complete grievance file (including the Grievance Report) to Labour Relations.

If the grievance is not resolved to the satisfaction of the aggrieved employee at the first level, the employee can transmit the grievance to the next level using the Grievance Transmittal form.

The procedures at the second and final levels are similar except as it relates to the support provided by Labour Relations. At the second level and third (final level), Labour Relations will assist management with the grievance on behalf of the delegated manager.

³Any Protected B correspondence sent outside the department should be sent by encrypted email or priority post.

• What to do:

  • Consult with Labour Relations (HRSC) throughout the grievance process and before putting a grievance in abeyance (if applicable);
  • Offer and use informal conflict management services, if appropriate and agreed to by the employee and/or their union representative;
  • Provide a response to the grievance within the prescribed timeframes. Request an extension, if required, by sending a written request to the union. Have an alternate solution in case the request for extension is denied;
  • Carefully review the details of the grievance as well as the corrective action(s) sought;
  • When preparing the response, provide a brief justification based on facts and a clear statement explaining the decision. Clearly indicate if the grievance is allowed, allowed in part or dismissed;
  • Send a draft to Labour Relations for review before issuing grievance response;
  • Respond to the grievance in the language in which it was presented.
• What not to do:

  • Sign a grievance transmittal form that bypasses a grievance level, without consulting Labour Relations. Once signed, a grievance transmittal form is considered legally binding;
  • Prepare a response that is too long or contains too many details;
  • Address problems that you feel are present but are not related to the employee’s grievance;
  • Base the response on hearsay;
  • Use references, policies or other items that are not relevant;
  • Render an ambiguous decision;
  • Fail to respond to a grievance;
  • Put a grievance in abeyance indefinitely.

The Federal Public Sector Labour Relations and Employment Board (PSLREB)⁴

An employee may refer an individual grievance to adjudication when it has been presented up to and including the final level in the grievance process and has not been dealt with to the employee’s satisfaction, provided the grievance is related to:

• the interpretation or application in respect of the employee of a provision of a collective agreement or an arbitral award (to do this, the employee must obtain the approval of the bargaining agent);
• a disciplinary action resulting in termination, demotion, suspension or financial penalty;
• demotion or termination of employment imposed under the Financial Administration Act for unsatisfactory performance or for any other reason that does not relate to a breach of discipline or misconduct; or
• deployment under the Public Service Employment Act without the employee’s consent where consent is required.

⁴A grievance can be referred to the Federal Court of Appeal for judicial review or if the subject matter being litigated falls outside the scope of the PSLREB.

• Extension of Time Frames Request

  Good day,

  I would like to request an extension until (date) for the first level grievance response for grievance (number). This extension will allow me time to review the additional information provided at the grievance hearing and verify some information prior to issuing the response.

  A response to this request by (date) is appreciated. Please do not hesitate to email or call me to discuss this further.

  Name

  Title

• Grievance Hearing

  Employee’s name

  I have received grievance (number), presented on (date), concerning (subject of grievance).

  Before responding to this grievance, I would like to offer you a hearing to give you the opportunity to present the circumstances that led to your grievance.

  Therefore, I am proposing the following hearing dates:

  Month XX, 2010, at XX:XX

  Month XX, 2010, at XX:XX

  Please confirm your intent to attend the grievance hearing, as well as the date and time that is the most convenient for you.

  Please note that you may also decide to provide a written submission instead or in addition to the hearing. Should you choose this option, please let me know at the earliest opportunity when the written submission is to be expected.

  Sincerely,

  Name

  Title

Employee’s name,

This is the first level response to your grievance (number), presented on (date), concerning (insert text explaining the nature of the grievance), in accordance with section (number) of your collective agreement. You requested (corrective actions).

I reviewed the submissions that you and your union representative, (name), presented at the grievance hearing held on (date).

Note to delegated manager: If the grievance is presented more than 25 days after the grievor first becomes aware of the circumstances giving rise to the grievance, you must indicate: {sample response} It is noted that your grievance was not presented to the first level of the grievance procedure within the timelines prescribed in your collective agreement. Your grievance is therefore, rejected on that basis. Nonetheless, I will address the merits of your grievance.

Note to delegated manager: Insert the text of the response to the grievance: {sample response} On April 1, 2021, you requested Vacation leave for a period of 3 weeks from July 5 to July 23, 2021. On May 2, you grieved that management had not properly considered the circumstances around your summer vacation request because they denied your request from July 19 to July 23. As corrective action, you requested to be granted vacation leave during that week.

On April 28, 2021, your supervisor, Eric Johns, contacted you. Eric explained that given the high volume of leave requests received for the month of July, management would need to use the years of service as the determining factor for granting vacation requests. He explained that 1) the application of the years of service must be limited to two weeks during the summer according to article 34.05 b) iv. of the PA collective agreement and 2) operational requirements could not allow for more vacation leave during that time. As part of that exercise, Eric asked that you identified which two of the three weeks you would prefer. To that request, you immediately responded that all three weeks were of equal importance and that you could not make a choice. In light of this, Eric explained that failure from you making a decision, management would have no choice but to deny one of the three weeks requested.

When questioned if there were any exceptional circumstances (personal or family related) that would justify a need for a three-week absence, you simply answered that there was nothing special except the need to take some time off and spend time with your family.

Although I appreciate the importance of taking vacation time to restore your energy level and spend quality time with your relatives, operational requirements during that period are such that management had to exercise its right to apply years of service in order to allow as many employees as possible to take annual leave during the summer period. You did not provide any evidence that the need for three consecutive weeks for vacation leave was based on a situation that would trigger the employer’s duty to accommodate.

In light of these circumstances, your grievance and the corrective action that you requested are denied.

Sincerely,

Delegated Manager

Under the Federal Public Sector Labour Relations Act (FPSLRA), an “essential service” is defined as “a service, facility or activity of the Government of Canada that is or will be, at any time, necessary for the safety or security of the public or a segment of the public.”

This means that:

A service shall be designated as essential when there is reasonable probability, or even possibility, that human life or public safety or security could be threatened if a work stoppage (i.e. strike) was to prevent the service from fulfilling its obligations.

Financial security is considered to be essential for the safety and/or security of the public. As such, regardless of a work stoppage, the Department must deliver its core mandate by providing income and social security for Canadians -- particularly for the most vulnerable ones. Essentially, every task accomplished within our Department that could have an impact on the safety and/or security of an individual’s basic needs must continue. For instance, positions that are directly working in the processing of data for Pensions or Employment Insurance are essential. But there are also less obvious positions that have an impact on the safety and/or security of the public that are deemed essential such as Communications, Health and Safety and Access to Information and Privacy.

The Department must identify essential positions, hold a negotiation exercise with the union and come to an agreement with the union in order to identify which employees can lawfully strike and those that must report to work.

The positions listed below are examples of what could constitute essential services:

• Payment of Old Age Security, Canada Pension Plan and Employment Insurance benefits, including Annuities and support measures paid under Part II of the Employment Insurance Act;
• Issuance of Social Insurance Numbers;
• Student Loan payments;
• Occupational Health and Safety (Part II of the Canada Labour Code);
• Occupational Health and Safety Tribunal hearings and decisions;
• Provision of information through Canada.ca, Canada.gc.ca and 1-800-O Canada, as mandated by the Federal Emergency Response Plan;
• Delivery of essential programs and services on behalf of other federal government entities;
• Information technology and administrative services necessary to ensure the delivery of essential programs and services, including certain requirements mandated by legislation such as the Financial Administration Act, the Official Languages Act, and the Access to Information and Privacy Act, as well as the enforcement of Court orders.

At the start of the collective bargaining process, the union will select a dispute resolution mechanism that will be used in the event of disagreement that cannot be resolved (an impasse) during negotiation. By law, the union has the choice between arbitration and conciliation.

If the union chooses arbitration as the preferred method of dispute resolution, there is no right to strike. As a result, there would be no need for essential services negotiations since an impasse would have no effect on the essential services being provided. Employees would continue to work, even if another union declares a strike.

However, if the union chooses conciliation as the preferred dispute resolution method, they retain the right to strike and as such, essential services must be identified. The Employer must negotiate with the union, the essential positions that will be necessary to provide essential services in the event of a strike.

There may be multiple positions performing the same duties in a work unit responsible for an essential service. However, in some cases, the entire unit does not need to be designated to support that essential service. Therefore, only some positions will be selected. In these cases, management should keep in mind the following principles when selecting essential position(s) in the work unit:

• Avoid preferential treatment;
• Use sound judgment;
• Consider legal requirements such as providing bilingual services;
• Consider experience; and,
• Take into account operational requirements relating to the essential service.

Yes. If the functions of a position evolve or change over time (e.g. organizational restructuring, a change in service delivery, the creation/elimination of other positions), there may be a need to review the position to determine whether the designation should be maintained.

Also, prior to each new round of collective bargaining, the employer and the unions will complete a review of those positions previously identified and negotiated. If needed, they will make revisions, updates or changes to the list.

Once management has determined how many positions will be required to provide essential services in the event of a work stoppage, they will present their proposal to the local union (e.g. a component such as Canada Employment and Immigration Union (CEIU) for the Program and Administrative Services group) and the two parties will negotiate agreements. However ultimately, essential services agreements are signed by Treasury Board of Canada Secretariat (TBS) and the national union (e.g. the Public Service Alliance of Canada). During the preparation and the negotiation exercise, management is supported by Labour Relations in order to ensure that the proposals are in line with the legislation and provides advice and guidance to ensure rationales are reasonable and defendable.

Once the Employer (Treasury Board Secretariat) has signed an essential services agreement with the bargaining agent, the Department must inform employees that the position they encumber has been designated essential. Such notice is provided by letter (either hard copy or electronically) that can only be prepared and sent after agreements have been signed. As a result, it is expected that there will be a lapse of time between the signing of the agreements and the reception of letters by employees.

The following categories of employees will need to report to work during a strike:

• Unrepresented employees [e.g. Executive Group (EX), Personnel Administration (PE)];
• Excluded employees;
• Term employees working under three months;
• Casual employees;
• Students; and
• Part-time workers working less than one third of the regular hours;
• Employees whose bargaining union is not on strike.

Employees cannot participate in a strike if they occupy a position that has been designated as essential under the FPSLRA (FPSLRA s. 196 j). Even if their bargaining unit is in a legal strike position, these employees must report for duty at their normal time and place of work, unless directed otherwise by the manager.

Employees occupying positions under code 1 (essential under all circumstances) who participate in a strike during their scheduled working hours, could be found guilty of an offence and be liable of a fine of up to $1,000.

An employee encumbering a designated essential position continues to pay union dues.

Whenever possible, management must take the necessary actions to avoid identifying a designated position occupied by a member of the Local or National Union Executive Board or Shop Steward.

Prior to each new round of collective bargaining, the employer will complete a review of designated essential positions previously identified for that bargaining unit and provide the bargaining agent with any revisions, updates or changes to the list.

No. Management and the union negotiate which positions are deemed essential for the safety or security of the public. As a result, employees in designated positions must report to work as prescribed by the code of their position (1, 2 or 3,). They will perform the key activities deemed essential as negotiated with union.

As indicated in the notification letter, the notice is valid as long as the employee occupies the position in question. As such, the newly appointed employee will be notified that they occupy a position that has been designated as essential.

Positions are designated as essential due to the specific duties performed found in the job description that meet the definition of an essential service. Of note, not all regular duties of a position may be considered essential.

An employee encumbering a designated essential position can only be assigned the essential duties identified in the agreement negotiated with the union. Specifically, they will not be able to perform all the duties they regularly undertake as part of their job description. They may only perform those tasks contained in the essential services agreement.

Employees designated as essential may be assigned more or less of a specific duty than they would normally perform. For example, for a position that normally performs phone work and the processing of applications, and where both tasks have been negotiated as essential, an employee may be assigned more processing and less phone work than they would otherwise be assigned. However, they cannot be assigned mail duties if those are not duties negotiated as essential for that position.

Employees who occupy positions designated as essential are prohibited from participating in a strike and must report to work. The legislation further stipulates that no one shall impede or attempt to impede access to the workplace by employees who occupy a position designated as essential. Reference: FPSLRA s.199

Employees encountering interference at the picket line should speak to management’s Picket Line Captain and contact their manager. Managers should plan accordingly by ensuring employees are provided up-to-date contact information for this purpose.

Yes, designated employees can support their colleagues on their own time i.e. before and after work hours and during lunch break but not during the paid 15-minute breaks.

No, it is at management’s discretion whether to return the employee back to their substantive position.

These Frequently Asked Questions (FAQ) use the Program and Administrative Services (PA) Collective Agreement as an example. Managers must refer to the appropriate collective agreement should their employees fall under a different collective agreement.

• 1. Where do I direct my human resources questions related to the heat wave and/or wildfires?

  Managers are strongly encouraged to reach out to Labour Relations and/or Occupational Health and Safety (OHS) for any assistance with situations linked to the heat wave and/or wildfires. They can submit human resources questions through the Human Resources Service Centre (HRSC) portal using the General HR Enquiry Form as follows:

  • "Occupational Health and Safety - Enquiry" category for questions related to Occupational Health and Safety (OHS) issues such as refusal to work, hazards, accidents, injuries or near misses while at work, or general information about environmental conditions when working remotely.
  • "Duty to Accommodate" category for questions related to a duty to accommodate (DTA) situation.
  • "Labour Relations" category for questions relating to the interpretation of collective agreements including leave.
• 2. Which collective agreement applies to my specific group of employees (e.g. AS, EC, FI)?

  There are collective agreements for each occupational group within the Public Service. Each has its own unique requirements regarding topics such as leave and overtime. See the list of collective agreements for more information.

• 3. My employee is indicating being uncomfortable working from home because of a heat wave. What can I do to assist them?

  The National Joint Council Occupational Health and Safety Directive (NJC OHS), section 2.2, notes temperatures above 26°C can be uncomfortable, and occupancy in that extreme should not exceed three hours daily. For more information on the general duty to ensure the health and safety of employees while they are working remotely and guidance on how to assist employees regarding environmental conditions at their remote work location (i.e high temperature level), please consult the OHS Bulletin Environmental Conditions When Working Remotely or submit a request for assistance from OHS via the HRSC portal.

• 4. My employee is asking to take a leave as they are uncomfortable working from home due to the heat wave. What type of leave can be granted?

  If the temperature has not been at 26°C or above for three hours but the employee is too uncomfortable to work, they may elect to request leave subject to management approval (e.g. employee may ask to use Vacation Leave).

  If the temperature is at 26°C or above for three hours, please refer to the OHS Bulletin Environmental Conditions When Working Remotely.

These Frequently Asked Questions (FAQ) use the Program and Administrative Services (PA) Collective Agreement as an example. Managers must refer to the appropriate collective agreement should their employees fall under a different collective agreement.

• 1. Where do I direct my human resources questions related to the heat wave and/or wildfires?

  Managers are strongly encouraged to reach out to Labour Relations and/or Occupational Health and Safety (OHS) for any assistance with situations linked to the heat wave and/or wildfires. They can submit human resources questions through the Human Resources Service Centre (HRSC) portal using the General HR Enquiry Form as follows:

  • "Occupational Health and Safety - Enquiry" category for questions related to Occupational Health and Safety (OHS) issues such as refusal to work, hazards, accidents, injuries or near misses while at work, or general information about environmental conditions when working remotely.
  • "Duty to Accommodate" category for questions related to a duty to accommodate (DTA) situation.
  • "Labour Relations" category for questions relating to the interpretation of collective agreements including leave.
• 2. Which collective agreement applies to my specific group of employees (e.g. AS, EC, FI)?

  There are collective agreements for each occupational group within the Public Service. Each has its own unique requirements regarding topics such as leave and overtime. See the list of collective agreements for more information.

• 3. I have an employee that cannot report for work as a result of the wildfire. What type of leave should be granted? or, The office in which my employees work is closed due to a wildfire situation. If the employees cannot work remotely, what type of leave should be granted?

  Each situation must be reviewed on a case-by-case basis. Employees who are able to work remotely should do so.

  Employees (i.e. indeterminate, terms, casuals, students) in this situation may have access to Leave with Pay for Other Reasons (code 699) when circumstances not directly attributable to them prevent them from reporting to work. Pursuant to article 53.01(a) of the PA Collective Agreement, granting of this leave is at the discretion of the Employer; however, it should not be unreasonably withheld. For information on the level of delegation to approve this type of leave, please refer to ESDC's Table of Human Resources Authorities.

• 4. The office is open. Authorities have requested to avoid any unnecessary commuting. Should employees be asked to report to work?

  Managers must follow the guidance provided by Senior Management in relation to special measures that should be taken as a result of instructions by local and provincial public safety authorities. If deemed feasible, employees may be asked to work remotely.

• 5. The office is open. Employees are experiencing major delays in their commute. Would Leave with Pay for Other Reasons apply?

  The manager must review the individual circumstances associated with the request, and base their decision on its merits.

  Leave with Pay for Other Reasons could be granted when employees are:

  • Unable to report to work due to inclement weather;
  • Making reasonable efforts to come to the workplace;
  • Regularly communicating their circumstances to their supervisor;
  • Unable to implement alternate work arrangements, such as remote working or modified start and end times;
  • Unable to work due to circumstances not directly attributable to them; and,
  • Otherwise available for work.

  Employees would not normally be eligible for Leave with Pay for Other Reasons under the following circumstances:

  • They ought to be able to come in to the office or work remotely but choose not to because of a personal choice;
  • They would not otherwise be available to work (e.g. because of family related responsibilities);
  • They did not make reasonable efforts to arrive at work in a timely fashion (e.g. the employee left home at the same time as usual, despite knowing that the road conditions were difficult and could impact their commute); and,
  • Advisories or warnings on road conditions issued by local authorities do not indicate that there are safety risks.

  Each situation should be assessed on a case-by-case basis. Managers should consider individual circumstances and exercise reasonable discretion. For more information, please consult the Labour Relations Bulletin Leave for Other Reasons and Time Off with Pay.

• 6. The office is open. I have an employee that has been ordered to evacuate their house. They are now living in a hotel/temporary shelter. Should they be granted leave?

  Each situation must be reviewed on a case by case basis. To be granted Leave with Pay for Other Reasons, the circumstances preventing the employee from reporting must not be attributable to the employee.

  In this particular situation, the employee should be able to report for work, despite the forced evacuation. Leave with Pay for Other Reasons may be appropriate to cover the time required to initially evacuate. If the employee requires any further leave for various different reasons, management should consider granting other types of leave such as Vacation Leave, Personal Leave, Compensatory Leave, or Leave with Pay for Family-Related Responsibilities. Depending on the circumstances, Leave without Pay for the Care of Family may also be applicable.

  In these types of situations, it is strongly recommended that managers seek guidance from Labour Relations.

• 7. The office is closed. I have an employee that was already scheduled to be on leave today (e.g. Vacation Leave). Do I change the employee's leave to Leave with Pay for Other Reasons, similar to other employees who were not scheduled to be on leave today?

  No. Leave that has already been approved should not be modified to Leave with Pay for Other Reasons.

• 8. My employee is now providing shelter to some of their family members or friends because their homes have been destroyed in the wildfires and they would like to take some leave in order to care for and help them. Can they take Leave with Pay for Family-Related Responsibilities?

  Before authorizing this leave, the Employer must first validate the existing family relationship. For the purposes of the application of article 44.01 of the PA Collective Agreement, family means:

  1. spouse (or common-law partner who resides with the employee);
  2. children (including foster children, step-children or children of the spouse or common-law partner, ward of the employee), grandchild;
  3. parents (including step-parents or foster parents);
  4. father-in-law, mother-in-law, brother, sister, step-brother, step-sister, grandparents of the employee;
  5. any relative permanently residing in the employee's household or with whom the employee permanently resides;
  6. any relative for whom the employee has a duty of care, irrespective of whether they reside with the employee; or
  7. a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee.

  Then, the Employer should enquire about the reasons why the employee would like to take leave. Pursuant to article 44.03, Leave with Pay for Family-Related Responsibilities is authorized in the following circumstances:

  1. to take a family member for medical or dental appointments, or for appointments with school authorities or adoption agencies,if the supervisor was notified of the appointment as far in advance as possible;
  2. 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;
  3. to provide for the immediate and temporary care of an elderly member of the employee's family;
  4. for needs directly related to the birth or the adoption of the employee's child;
  5. to attend school functions, if the supervisor was notified of the functions as far in advance as possible;
  6. to provide for the employee's child in the case of an unforeseeable closure of the school or daycare facility;
  7. seven decimal five (7.5) hours out of the thirty-seven decimal five (37.5) hours stipulated in clause 44.02 above may be used to attend an appointment with a legal or paralegal representative for non-employment-related matters, or with a financial or other professional representative, if the supervisor was notified of the appointment as far in advance as possible

  Thus, this type of leave should be granted only on the basis of the above-mentioned definition and under very specific circumstances. Furthermore, the total number of hours that can be granted for this type of leave can never exceed 37.5 hours in a given fiscal year. Nevertheless, other types of leave (Vacation Leave, Compensatory Leave, Personal Leave) should be considered in the event that the definition of family does not apply. Furthermore, the Employer may, at their discretion, consider other ways to accommodate the employee's request, such as permitting the employee to make up the time.