Use of Leave With Pay for Other Reasons (699)
(in effect until November 14, 2021)

This guide contains information that is subject to change as the situation and guidance evolves. For ease of reference, key revisions of the most recent version are noted in the table below.

Refer to the Document Control section of this document for version information and publishing dates.

The purpose of this document is to provide managers with the necessary information, tools and scenarios to facilitate discussions with employees who are utilizing Leave with Pay for Other Reasons (699). Specifically, there is an operational need to optimize the available resources of Employment and Social Development Canada (ESDC) to enable efficient service delivery by ensuring the appropriate leave provisions are used. To that end, a discussion between the employee and their manager related to their current situation and reasonable accommodation measures must occur.

This guide contains information that is subject to change as the situation and guidance evolve. Refer to the Document Control section of this document for version information and publishing dates.

The COVID-19 pandemic is an exceptional situation that is evolving rapidly and has significant consequences for ESDC employees and operations. In the current context, ESDC has expanded the application of Leave with Pay for Other Reasons (699) to meet the needs of employees. Since Leave with Pay for Other Reasons (699) is a temporary measure, employees are expected to adopt a good faith approach in using this leave and make reasonable efforts to meet their personal obligations. This leave should be granted on a case-by-case basis, and only after remote or alternate work, or flexible work hours have been considered, and generally only after other relevant paid leave has first been used by the employee.

It is important to note that the provisions found in collective agreements and/or conditions of employment continue to apply. In cases where there is an obligation to implement accommodation measures and as indicated in case law, measures deviating from the provisions of the collective agreement and/or the conditions of employment (e.g.: working hours - changing the working hours within the normal working day) are considered reasonable and legitimate.

Leave with Pay for Other Reasons (699) would not apply in normal circumstances. It should be considered as a temporary measure in response to the situation caused by COVID-19.

Leave with Pay for Other Reasons (699) is subject to management discretion and should only be offered when the circumstances leading to the request are not attributable to the employee. However, this discretion should not be used in an arbitrary or discriminatory manner or in bad faith.

Managers will need to examine individual cases on their own merits (e.g.: choosing to travel to affected areas contrary to public health advice or government travel advisories).

In the current context, generally, Leave with Pay for Other Reasons (699) may be available to employees who otherwise would be available for work if not for COVID-19 and who have engaged in discussions in regards to flexible work arrangements and/or working remotely with their manager. Managers must evaluate each situations on a case-by-case basis.

Leave with Pay for Other Reasons (699) may be used under the following circumstances, if flexible work arrangements (e.g.: change in the hours of work) and alternative care arrangements are not available and/or the employee is unable to work remotely and only after other applicable paid leave have been considered:

• There are work or technology limitations.
• They have been diagnosed with COVID-19, are experiencing symptoms and/or are required to self-isolate.
• They have caregiving responsibilities as a result of such things as school or daycare closures, or COVID-19 illness or isolation requirements.
• They are at high risk or has someone in their care who is at high risk of severe illness from COVID-19 as described by the Public Health Agency of Canada.

In addition, Leave with Pay for Other Reasons (699) should generally only be granted once other applicable paid leave (e.g.: Leave with Pay for Family-Related Responsibilities) has been used.

Employees would not normally be eligible for Leave with Pay for Other Reasons (699) under the following circumstances:

• School, daycare facilities and summer camps are open and the employee prefers not to send their child.
• Picking up their child's personal effects at school.
• Self-isolation and/or quarantine when the employee travelled despite being advised to avoid travel.
• Personal choice to be tested for COVID-19.
• Taking care of an ill family member (unrelated to COVID-19).

Note: Employees refers to either full-time or part-time indeterminate or terms of greater than three months. While students, casual employees and term employees of less than three months are not eligible for Leave with Pay for Other Reasons (699), they may be eligible and could apply for the Canada Recovery Sickness Benefit or Canada Recovery Caregiving Benefit.

The utilization of Leave with Pay for Other Reasons (699) should be minimized, to the extent possible, and employees should make all reasonable efforts to find alternative care arrangements and/or work remotely where applicable. They must make reasonable efforts to mitigate the unanticipated adverse consequences of the COVID-19 pandemic.

Given the exceptional situation of COVID-19 wherein seeking information from employees as it relates to their individual circumstances is now necessary, it is important that managers demonstrate empathy towards the employee's situation and the choice they are facing. To that end, managers must act with respect and tact, understanding that each situation is unique and thus should be treated as such. Notwithstanding, managers must ask employees what is preventing them from reporting to work.

• Step 1: Discussing with the Employee

  Managers must communicate or continue to communicate with each employee who is requesting leave in regards to COVID-19. These discussions are important as they allow for an assessment of the employee’s individual circumstances in light of changes as restrictions ease.

  While employees have an obligation to provide relevant information and to justify their reasons for requesting leave, managers must not seek personal information that is irrelevant for the purposes of this exercise and must not compare or use other employees' situations as benchmarks in their discussions (i.e. "Employee A is able to work with more children, why can't you?"). Managers are strongly encouraged to limit questions to the sample questions proposed in Appendix A.

  That said, employees remain obligated to provide the information their manager needs to determine the appropriate leave to be granted.

  Respect for privacy should be a constant concern throughout the process. To this end, discussions must remain limited between the employee and his manager or the direct hierarchy.

  Appendix B contains a template email for the manager to schedule the meeting with their employee. Appendix C contains speaking points for the discussion and Appendix D provides considerations for managers in preparing for the discussion with their employee.

• Step 2: Written Request

  At the end of the discussion, the manager will inform the employee that they must send an official email to them outlining their particular circumstances resulting in the need for leave. The employee can send an email with the information or complete either the Accommodation Request Form - Family Status (DOCX, 39 KB) or the Accommodation Request Form (DOCX, 41 KB). However, please note that it is not mandatory to have these forms completed since the accommodation would only be temporary until the COVID-19 pandemic is over. The manager must remind the employee that they can seek guidance from their union representative, should they have any concerns as a result of the discussion.

• Step 3: Assessing the Request

  Once the manager has received the official request, they must review the individual circumstances presented by the employee. For situations where the employee has responsibilities related to childcare or elder care, the manager must determine whether the need for leave is based on a family status obligation or a preference.

  The family status obligation arises from a legal responsibility. Most of the time, it is in relation to a responsibility to a child, but it can also be a responsibility related to the care of an elder. As such, managers must make a thorough assessment of the circumstances surrounding the request for leave and this assessment must be made on a case-by-case basis. In order to determine whether this is an obligation with regard to a family status situation, the following elements must be established:

  1. The individual is under the employee's care and supervision;
  2. The care obligation engages the employee's legal responsibility as opposed to a personal choice;
  3. That reasonable efforts were made to meet those care obligations through reasonable alternative solutions, and that no such alternative solution is reasonably available; and
  4. That the impugned workplace rule interferes in a manner that is more than trivial or insubstantial with the fulfillment of a care obligation.

  Should the circumstances be based on a family status obligation, the Duty to Accommodate (DTA) is triggered. Possible accommodation measures may include working remotely (e.g.: employee performing duties of their position or alternate at-level duties), flexible work arrangements (e.g.: change to the hours of work within the normal workday), and other leave entitlements ¹. Specifically, in situations where Leave with Pay for Other Reasons (699) is requested, a manager may require the employee to change their hours of work within the normal workday, to minimize its use. In addition, employees may voluntarily request to work hours outside of the normal workday as defined by their collective agreement (e.g.: for the Program and Administrative Services (PA) collective agreement, the normal workday is between 7am to 6pm). In such situations, the manager needs to review the request and determine if it is reasonably feasible. If it is determined that it is feasible, the employee’s work schedule in PeopleSoft will need to change in order to ensure the appropriate premiums are paid. This is only required when the new working hours are outside of the core hours as defined by the applicable collective agreement and/or conditions of employment. Please consult the Procedural Guide on Hours of Work: Adapting to a New Reality for more information. In addition, the employee should be granted other types of paid leave (e.g.: Leave with Pay for Family-Related Responsibilities) prior to Leave with Pay for Other Reasons (699).

  Should the circumstances be based on preference, Leave with Pay for Other Reasons (699) should not be granted. In such cases, the manager will determine whether the employee will return to work, is able to work remotely (e.g.: employee performing duties of their position), can benefit from flexible work arrangements (e.g.: change to the hours of work within the normal workday), and whether other leave entitlements can used to accommodate the preference. Additionally, as stated above, the employee may voluntarily request to change their hours of work outside of the normal workday as defined by their collective agreement and/or terms and conditions of employment or may be granted other types of leave such as: Leave without Pay for the Care of Family; Leave with Pay for Family-Related Responsibilities; Other Leave without Pay (999), Vacation Leave or Compensatory Time.

  The manager must discuss these options with the employee prior to rendering a final decision. Additionally, the manager must not discuss or make any statements in regards to Employment Insurance or the Recovery Benefits eligibility as a result of being denied Leave with Pay for Other Reasons (699).

  Labour Relations must be consulted prior to approving or denying Leave with Pay for Other Reasons (699). Labour Relations can also assist in determining of whether the request is one of family status obligation, a preference or circumstances directly attributable to the employee, or even for leave options and collective agreements and/or terms and conditions of employment provisions. The level of delegation required to approve or refuse this type of leave is level 3 for EXs (e.g.: Director General) and level 5 (e.g.: manager) for non-EXs according to the Table of Human Resources Authorities.

  ¹ If an employee prefers to use Leave with Pay for Family-Related Responsibilities rather than have their hours change, the manager should not implement a change to their hours.

• Step 4: Rendering the Decision

  Once the manager has obtained the information with respect to the individual circumstances, completed the necessary consultation (if required) and examined the situation thoroughly, the manager must communicate their decision to the employee. Where applicable, the employee should be directed to submit the appropriate type of leave in the system. It is important to remind the employee that they can seek help and advice from their union representative if they disagree with the decision.

Although some requests are not directly related to Leave with Pay for Other Reasons (699), they could result in this type of leave. This is why the manager must pay particular attention to the following situations and ensure they have all the information necessary for informed decision-making.

• Vacation Cancellation

  Employees who have scheduled Vacation Leave but have yet to take this leave may request to cancel it and work instead. Employees may also request to shorten their vacation. In assessing such requests, consideration should be given to the circumstances motivating the request.

  • When was the request submitted?
  • Why is the employee cancelling the request?
  • Is there a reason to suggest that the request to cancel the schedule Vacation Leave is to obtain COVID-19 related leave?
  • Is the employee available to work?
  • Were other employees denied this leave period?
  • Are they requesting a postponement?
  • Is it operationally feasible?

  All requests to cancel or modify leave that has already been approved should be considered on a case-by-case basis and are subject to management's approval.

  Furthermore, for the summer/winter period, where collective agreements include a deadline for submission of annual leave requests (e.g.: PA Collective Agreement), any requests to replace cancelled leave received after the deadline will be dealt with on a first-come-first-serve basis. In addition, should the cancellation of Vacation Leave, when it is granted based on seniority, result in fewer than seven consecutive days remaining to the Vacation Leave (including days of rest), this will cause a revocation of the application of seniority for the days in question and the entire leave will be cancelled. Although employees are generally permitted to request to cancel or shorten their approved Vacation Leave and work instead, this should not be done for the sole purpose of obtaining Leave with Pay for Other Reasons (699). Furthermore, a discussion should take place between the employee and the manager to determine whether the cancellation would result in the availability of Vacation Leave for COVID-19 related purposes for the remainder of the fiscal year. It is important to note that employees are expected to use their Vacation Leave in the year in which it is earned. Please consult the Vacation Leave Usage and the Application of Leave with Pay for Other Reasons (699) in a Covid-19 Context document for more information.

  In case of uncertainty, the manager is encouraged to communicate with Labour Relations by submitting a request to the Human Resources Service Centre.

• Employees Roles and Responsibilities

  Employees must:

  • Contact their manager throughout their absence.
  • Demonstrate that reasonable efforts were made to find alternative care or efforts to mitigate the unanticipated adverse consequences caused by the COVID-19 pandemic, in order to report to work (including working remotely and other alternatives such as flexible work arrangements).
  • Demonstrate flexibility in regards to changes that can be made to their work schedule or duties to accommodate their caregiver obligations.
  • Provide information (including medical note when requested) regarding their situation (e.g.: duty of care, high risk condition).
  • Justify their reasons for requesting such leave by submitting an email to their manager.
  • Use other paid leave (e.g.: Leave with Pay for Family-Related Responsibilities) prior to requesting Leave with Pay for Other Reasons (699), where applicable.
• Managers Roles and Responsibilities

  Managers have the obligation to:

  • Act reasonably and review situations on a case-by-case basis.
  • Demonstrate respect and empathy towards the employee's situation and the choice they are facing.
  • Respect the employee’s privacy by keeping information limited to a “need to know basis”.
  • Remain informed of provincial decisions regarding the status of schools, daycares and summer camps.
  • Ensure ongoing discussions with employees.
  • Consider what changes can be made to the employee's schedule to accommodate the employee’s obligations.
  • Distinguish between conditions of employment that have an impact on the employee's personal life choices and those that have a real impact on their care obligations
  • Determine the extent to which the employee can easily self-accommodate and the steps taken by the employee to do so.
  • Consult Labour Relations prior to approving or denying any Leave with Pay for Other Reasons (699).
  • Assess what reasonable accommodation can be provided (before undue hardship is reached) to mitigate the negative impact on the employee’s obligations to their child.
  • Approve the appropriate leave subject to the appropriate collective agreement and/or terms and conditions of employment provisions.

This guide takes effect July 15, 2020. Revisions and updates (if applicable) will be noted in the table below.

• Scenario Related to Employee COVID-19 Infection

  • Scenario Related to Employee COVID-19 Infection

    Scenario

    1. Employee has tested positive for COVID-19.

    Sample Questions

    • Has the employee communicated with Public Health Authorities? If yes, what was the advice provided?
    • When have they received their official diagnosis?
    • What is the isolation period?
    • Is the employee able to work remotely? If their duties are not conducive to remote work, can other at-level duties be assigned?
    • If the employee is not able to work remotely, does the employee have sufficient sick leave?

    Application of Leave

    If the employee is able to work, they should do so remotely, where possible. If their duties do not lend themselves to remote work, the manager must assess whether other at-level duties can be assigned remotely. If this is not possible or if the employee is too ill to work, the employee is required to use Sick Leave. If the employee does not have sufficient Sick Leave credits, Leave with Pay for Other Reasons can be granted to cover the infectious/isolation period.

    Employees should not be required to use advanced Sick Leave during the infections/isolation period.

    Note: Employees who are still too sick to work after the infectious/isolation period continue to use Sick Leave. Should they have no Sick Leave remaining, they may be advanced Sick Leave credits as per the collective agreement and/or terms and conditions of employment. Furthermore, they may be eligible and could apply for the Canada Recovery Sickness Benefit, Employment Insurance sickness benefits, or Disability Insurance Plan/ Long-term Disability Plan.

  • Scenarios Related to Employee Symptoms and Isolation

    Scenarios

    2. Employee has COVID-19 symptoms.

    Sample Questions

    • What symptoms is the employee demonstrating and are they related to COVID-19 as per the Public Health Agency of Canada?
    • Has the employee communicated with public health authorities? If yes, what was the advice provided?
    • Has the employee travelled against travel advisories for personal reasons?
    • Were they tested for COVID-19? If not, will they be?
    • Have they been provided an official diagnosis?
    • Is the employee able to work remotely? If their duties are not conducive to remote work, can other at-level duties be assigned?
    • If the employee is not able to work remotely, does the employee have sufficient sick leave?

    Application of Leave

    If a COVID-19 positive diagnosis has been received, please refer to the appropriate scenario.

    If the employee is able to work, they should do so remotely, where possible. If their duties do not lend themselves to remote work, the manager must assess whether other at-level duties can be assigned remotely. If this is not possible, the employee may be granted Leave with Pay for Other Reasons (699) for the duration of the isolation period, as identified by public health authorities.

    If the employee has travelled against travel advisories for personal reasons, they will not be eligible for Leave with Pay for Other Reasons (699). They may be granted other leave as per the collective agreement and/or terms and conditions of employment.

    If the employee is too ill to work, they should be using Sick Leave. If the employee does not have sufficient Sick Leave credits, Leave with Pay for Other Reasons (699) can be granted to cover the infectious/isolation period while the employee awaits the results. Employees should not be required to use advanced Sick Leave during the infections/isolation period while they await their results.

    Should their test come back negative for COVID-19, they are required to continue to use Sick Leave, including Sick Leave Without Pay where the employee does not have sufficient Sick Leave credits. Any Leave with Pay for Other Reasons (699) taken while they awaited their results should not be recovered upon the receipt of a negative test result. Furthermore, an advancement of Sick Leave could be considered as per normal practices. In addition, they may be eligible and could apply for Employment Insurance sickness benefits.

    3. Employee who is able to work needs time off to get tested for COVID-19.

    Sample Questions

    • What is the reason for the testing (e.g.: at the request of public health)?
    • Does the employee present any symptoms or is required to isolate?
    • How much time off does the employee need (including reasonable travel time to and from the testing site)?

    Application of Leave

    Leave with Pay for Other Reasons (699) could be available if testing is at the request of public health or other reasons not attributable to the employee.

    If the testing is as a result of a personal choice (e.g.: employee planning to visit family members or returning from travel against travel advisories), Leave with Pay for Other Reasons (699) would not be available. They may be granted other leave as per the collective agreement and/or terms and conditions of employment.

    4. Employee is asymptomatic and has been asked to isolate or quarantine after communicating or being contacted by Public Health authorities.

    Sample Questions

    • Who contacted the employee to inform them of the need to isolate or quarantine?
    • What are the details surrounding the requirement to isolate or quarantine?
    • What is the length of the isolation or quarantine (i.e. when does it end)?
    • Have they communicated with public health authorities?
    • Has the employee travelled against travel advisories for personal reasons?

    Application of Leave

    If the employee is able to work, they should do so remotely, where possible. If their duties do not lend themselves to remote work, the manager must assess whether other at-level duties can be assigned remotely. If this is not possible, Leave with Pay for Other Reasons (699) can be granted for the duration of the isolation period, as identified by public health authorities.

    If the employee has travelled against travel advisories for personal reasons, they will not be eligible for Leave with Pay for Other Reasons (699). They may be granted other leave as per the collective agreement and/or terms and conditions of employment.

  • Scenarios Related to Employee at High Risk or caring for or living with someone at High Risk

    Scenario

    5. An employee is at risk of being seriously ill should they contract COVID-19, as described by the Public Health Agency of Canada.

    Sample Questions

    • What are the details/information, which may include medical evidence surrounding the need for leave?
    • What elements in the workplace and in relation to the transportation means used to get to the workplace impact the level of risk for the employee?
    • What measures can be put in place in the workplace to mitigate the risk (e.g.: additional protective equipment)?
    • What measures can the employee put in place at home to mitigate the risk (e.g.: showering and/or change of clothing prior or upon returning home)?
    • Are there any particular measures that will need to be put in place for the employee to be able to safely evacuate the physical workplace in the event of an emergency?

    Application of Leave

    If possible, the employee should work remotely. If their duties do not lend themselves to remote work, the manager must assess whether other at-level duties can be assigned remotely.

    If remote work is not possible, the manager must determine, in consultation with Labour Relations and Occupational Health and Safety, whether the employee can safely return to the workplace and/or what leave provision applies.

    If none of the above options are possible, the employee may elect to use other earned paid leave. Once other earned paid leave has been considered, the employee may be granted Leave with Pay for Other Reasons (699).

    Note: The manager should have a dialogue with the employee regarding their leave usage including the Vacation Leave entitlements remaining for the fiscal year.

    6. An employee cannot be exposed to COVID-19 because they are caring for or living with someone at risk of being seriously ill if they contract COVID-19, as described by the Public Health Agency of Canada. As such, the employee is concerned with reporting to the physical workplace.

    Sample Questions

    • What are the details/information, which may include medical/legal evidence (for the individual they live with or care for), surrounding the need for leave?
    • For situations involving a duty of care, what does the duty of care entail? Are there other means to address the requirement for the duty of care?
    • Are the employee's family obligations full-time during normal working hours?
    • What elements in the workplace and in relation to the transportation means used to get to the workplace impact the level of risk?
    • What measures can be put in place in the workplace to mitigate the risk (e.g.: additional protective equipment)?
    • What measures can the employee put in place at home to mitigate the risk (e.g.: showering and/or change of clothing prior or upon returning home)?
    • Are there any particular measures that will need to be put in place for the employee to be able to safely evacuate the physical workplace in the event of an emergency?

    Application of Leave

    If possible, the employee should work remotely.

    If remote work is not possible, the manager must determine, in consultation with Labour Relations and Occupational Health and Safety, whether the employee can safely return to the workplace and/or what leave provision applies.

    If their duties do not lend themselves to remote work and a return to work is not possible, the manager must assess whether other at-level duties can be assigned remotely.

    If none of the above options are possible, the employee may elect to use other earned paid leave. Once other earned paid leave has been considered, the employee may be granted Leave with Pay for Other Reasons (699).

    Note: The manager should have a dialogue with the employee regarding their leave usage including the Vacation Leave entitlements remaining for the fiscal year.

  • Scenarios COVID-19 and Caregiving Responsibilities

    Scenarios

    7. Employee is taking care of a sick child or family member (living with the employee and as defined by the relevant collective agreement) related to COVID-19.

    Sample Questions

    • What are the details/information surrounding the need for leave?
    • Is this related to COVID-19?
    • What is the duration of the leave request?
    • Are the employee's family obligations full-time during normal working hours?
    • Do the employee's family caregiving obligations extend before/after regular working hours, including weekends?
    • Are they the only caregiver available during normal working hours?
    • Are they the only caregiver available before/after regular working hours?
    • What efforts have been made by the employee to find alternative arrangements that would allow for attendance at work?
    • Can the caregiver responsibilities be shared?
    • Are other resources available? If so, when could other resources be available to the employee?
    • What hours, within the normal workday based on applicable collective agreement, is the employee available? (e.g.: in the PA collective agreement, the normal workday is between 7am to 6pm).

    Application of Leave

    If possible, the employee should work remotely. If their duties do not lend themselves to remote work, the manager must assess whether other at-level duties can be assigned remotely.

    The manager may change the employee’s hours within the core hours to accommodate the employee. In addition, the employee may voluntarily request to work hours outside of the normal workday as defined by their collective agreement (e.g.: for the PA collective agreement, the normal workday is between 7am to 6pm). In such situations, the manager needs to review the request and determine if it is reasonably feasible.

    In all cases, alternate care arrangements must be explored.

    If the above are not possible and the request is relating to full-time leave, other leave provisions or arrangements should be considered (e.g.: Leave with Pay for Family-Related Responsibilities, Leave Without Pay for the Care of Family, Leave With Income Averaging). The employee may be eligible and could apply for the Canada Recovery Caregiving Benefit.

    If the above arrangements are not possible and the request is for part-time leave, the employee should use applicable paid leave (e.g.: Leave with Pay for Family-Related Responsibilities). In addition, the employee may elect to use other earned paid leave. Once all options have been considered and relevant paid leave has been used (as per above), Leave with Pay for Other Reasons (699) may be granted.

    Note: The manager should have a dialogue with the employee regarding their leave usage including the Vacation Leave entitlements remaining for the fiscal year.

    8. Employee is taking care of a sick child or family member (living with the employee and as defined by the relevant collective agreement) not related to COVID-19.

    Sample Questions

    • What are the details/information surrounding the need for leave?
    • Is this related to COVID-19?
    • What is the duration of the leave request?
    • Are the employee's family obligations full-time during normal working hours?
    • Do the employee's family caregiving obligations extend before/after regular working hours, including weekends?
    • Are they the only caregiver available during normal working hours?
    • Are they the only caregiver available before/after regular working hours?
    • What efforts have been made by the employee to find alternative arrangements that would allow for attendance at work?
    • Can the caregiver responsibilities be shared?
    • Are other resources available? If so, when could other resources be available to the employee?
    • What hours, within the normal workday based on applicable collective agreement, is the employee available? (e.g.: in the PA collective agreement, the normal workday is between 7am to 6pm).

    Application of Leave

    If possible, the employee may work remotely. If their duties do not lend themselves to remote work, the manager may assess whether other at-level duties can be assigned remotely.

    The manager may change the employee’s hours within the core hours to accommodate the employee. In addition, the may voluntarily request to work hours outside of the normal workday as defined by their collective agreement (e.g.: for the PA collective agreement, the normal workday is between 7am to 6pm). In such situations, the manager needs to review the request and determine if it is reasonably feasible.

    If the above options are not appropriate for the situation, applicable paid and unpaid leave options may be examined, as per the applicable provisions of the relevant collective agreement and/or terms and conditions of employment. Generally, Leave with Pay for Other Reasons (699) would not be available.

    9. Employee is taking care of a child/dependent due to schools, daycares or camps closures, including for: limited space; as a result of COVID-19 exposure; or requirement for child/dependent to isolate as per the direction of public health authorities.

    Sample Questions

    • What is the reason for maintaining/requesting the leave? Is it a preference on an obligation?
    • Has public health recommended for the child/dependent to isolate?
    • Is the situation temporary or permanent?
    • What obligations does the employee have to meet?
    • What is the nature of the care obligation? What is triggering the care obligation (age, health situation, etc.)?
    • What efforts have been made by the employee to find alternative care arrangements that would allow for attendance at work?
    • Can the caregivers’ responsibilities be shared? Are other resources available? If so, when could other resources be available to the employee?
    • What hours, within the normal workday based on applicable collective agreement, is the employee available? (e.g.: in the PA collective agreement, the normal workday is between 7am to 6pm).
    • Are the employee's family obligations full-time during normal working hours?

    Application of Leave

    If possible, the employee should work remotely. If their duties do not lend themselves to remote work, the manager must assess whether other at-level duties can be assigned remotely.

    The manager may change the employee’s hours within the core hours to accommodate the employee. In addition, the employee may voluntarily request to work hours outside of the normal workday as defined by their collective agreement (e.g.: for the PA collective agreement, the normal workday is between 7am to 6pm). In such situations, the manager needs to review the request and determine if it is reasonably feasible.

    In all cases, alternate care arrangements must be explored.

    If the above are not possible and the request is relating to full-time leave, other leave provisions or arrangements should be considered (e.g.: Leave with Pay for Family-Related Responsibilities, Leave Without Pay for the Care of Family, Leave With Income Averaging). The employee may be eligible and could apply for the Canada Recovery Caregiving Benefit.

    If the above arrangements are not possible and the request is for part-time leave, the employee should use applicable paid leave (e.g.: Leave with Pay for Family-Related Responsibilities). In addition, the employee may elect to use other earned paid leave. Once all options have been considered and relevant paid leave has been used (as per above), Leave with Pay for Other Reasons (699) may be granted.

    Note: The manager should have a dialogue with the employee regarding their leave usage including the Vacation Leave entitlements remaining for the fiscal year.

    10. Employee is taking care of a child that cannot attend school, daycare or camp because the child or someone in the same household is at high risk of severe illness from COVID-19.

    Sample Questions

    • What is the reason for requesting the leave?
    • Is the situation temporary or permanent?
    • What obligations does the employee have to meet?
    • What is the nature of the care obligation? What is triggering the care obligation (age, health situation, etc.)?
    • Medical note may be requested to confirm the high risk.
    • What efforts have been made by the employee to find alternative care or schooling arrangements that would allow for attendance at work (e.g.: pandemic pod)?
    • Can the caregiver’s responsibilities be shared? Are other resources available? If so, when could other resources be available to the employee?
    • What hours, within the normal workday based on applicable collective agreement, is the employee available? (e.g.: in the PA collective agreement, the normal workday is between 7am to 6pm).
    • Are the employee's family obligations full-time during normal working hours?

    Application of Leave

    If possible, the employee should work remotely. If their duties do not lend themselves to remote work, the manager must assess whether other at-level duties can be assigned remotely.

    The manager may change the employee’s hours within the core hours to accommodate the employee. In addition, the employee may voluntarily request to work hours outside of the normal workday as defined by their collective agreement (e.g.: for the PA collective agreement, the normal workday is between 7am to 6pm). In such situations, the manager needs to review the request and determine if it is reasonably feasible.

    In all cases, alternate care arrangements must be explored.

    If the above are not possible and the request is relating to full-time leave, other leave provisions or arrangements should be considered (e.g.: Leave with Pay for Family-Related Responsibilities, Leave Without Pay for the Care of Family, Leave With Income Averaging). The employee may be eligible and could apply for the Canada Recovery Caregiving Benefit.

    If the above arrangements are not possible and the request is for part-time leave, the employee should use applicable paid leave (e.g.: Leave with Pay for Family-Related Responsibilities). In addition, the employee may elect to use other earned paid leave. Once all options have been considered and relevant paid leave has been used (as per above), Leave with Pay for Other Reasons (699) may be granted.

    Note: The manager should have a dialogue with the employee regarding their leave usage including the Vacation Leave entitlements remaining for the fiscal year.

    11. Schools, daycares or camps are open and available, personal choice to keep children at home (includes online schooling).

    Sample Questions

    • What is the reason for requesting the leave?
    • Is the situation temporary or permanent?
    • What obligations does the employee have to meet?
    • What is the nature of the care obligation? What is triggering the care obligation (age, health situation, etc.)?
    • What efforts have been made by the employee to find alternative care or schooling arrangements that would allow for attendance at work (e.g.: pandemic pod)?
    • Can the caregivers’ responsibilities be shared? Are other resources available? If so, when could other resources be available to the employee?
    • What hours, within the normal workday based on applicable collective agreement, is the employee available? (e.g.: in the PA collective agreement, the normal workday is between 7am to 6pm).
    • Are the employee's family obligations full-time during normal working hours?

    Application of Leave

    If operationally feasible:

    • The employee could work remotely.
    • The manager may change the employee’s hours within the core hours to accommodate the employee. In addition, employee may voluntarily request to work hours outside of the normal workday as defined by their collective agreement (e.g.: for the PA collective agreement, the normal workday is between 7am to 6pm).

    In all cases, if alternate childcare arrangements, remote work or alternate/flexible work hours are not possible, the manager may grant leave as appropriate (e.g.: Leave with Pay for Family-Related Responsibilities, Leave Without Pay for the Care of Family).

  • Scenarios COVID-19 and Technological/Work Limitations

    Scenarios

    12. Employee does not have access to the tools (equipment, software, etc.) required to do their work.

    Sample Questions

    • What specific tools are missing?
    • Is the employee otherwise available for work (e.g.: high risk)?

    Application of Leave

    The manager must exhaust all options to ensure that the employee is equipped (e.g.: consultations with IITB on options).

    If all required tools for remote work cannot be provided, the manager must assess whether the employee is able to return to the physical workplace (either their normal workplace or a temporary alternate location).

    If a return to the physical workplace is not possible (e.g.: building closures or attendance restrictions), the manager must assess whether other at-level duties can be assigned remotely, for which the tools are available.

    If neither option is possible, Leave With Pay for Other Reasons (699) may be granted on a case-by-case basis, and on a short-term basis.

    13. Employee works onsite but cannot report to work due to building closures or attendance restrictions.

    Sample Questions

    • Is the employee otherwise available for work (e.g.: high risk)?
    • Is remote work possible?

    Application of Leave

    If remote work is not possible, the manager must assess whether the employee is able to report to a temporary alternate location.

    If a return to an alternate location is not possible, the manager must assess whether other at-level duties can be assigned remotely.

    If neither option is possible, Leave with Pay for Other Reasons (699) may be granted on a case-by-case basis, on a short-term basis.

Hello [INSERT EMPLOYEE NAME],

I hope this email finds you well.

I would like to discuss your current situation and associated leave request.

I want you to know that I fully recognize that the COVID-19 pandemic is exceptional and that solutions may be difficult to find. The touch base is intended to establish an ongoing dialogue with you on your particular situation to ensure that the appropriate options have been considered and implemented.

This meeting will occur on (SPECIFY DATE AND TIME).

Please do not hesitate to contact the Employee Assistance Program at 1-800-268-7708, if necessary. In addition, I encourage you to consult the My Wellbeing – An Employee Guide During COVID-19 which offers mental health-related tools and resources to help employees work through some of the challenges to our personal and working lives caused by COVID-19.

Please do not hesitate to contact me should you have any questions prior to our discussion.

Thank you.

Introduction

• Hello, I am glad we are able to meet.
• The past few months have been wearisome for all of us with a lot of uncertainty, concerns, stress and changes.
• First, I would like to take this opportunity to hear from you: How are you?

Purpose of the meeting

• As indicated in my email, this discussion is intended to establish an ongoing dialogue with you on your particular situation. As such, this meeting will allow us to review your needs in relation to possible leave.
• This discussion is important as it will allow us to evaluate the evolution of your individual circumstances.
• With the information you will provide today, I will be in a better position to determine next steps.

Dialogue

• It is expected that employees will make all reasonable efforts to find alternative care arrangements and/or work remotely where applicable.
• Given the current context, I must ask for relevant detailed information about your individual situation in order to determine appropriate options to address your situation, which may include applicable leave provisions of the collective agreement and/or terms and conditions of employment.
• Rest assured that respecting your privacy is a constant concern throughout the process and to this end, the information you share will only be disclosed to those who have the right to know (e.g.: the manager with the delegated authority to approve this type of leave).
• Can you tell me about your situation?

Conclusion

• Thank you for your cooperation in this process.
• Here is my understanding of your situation.
• I am also asking you to provide me with the information that you shared during the meeting in writing. [Management also has to option to ask the employee to use the Accommodation Request Form - Family Status (DOCX, 39 KB) or the Accommodation Request Form (DOCX, 41 KB), but this not mandatory since this would be considered a temporary accommodation until the Covid-19 pandemic is over].
• As mentioned, this information will allow me to assess your leave situation to ensure it continues to be managed appropriately or if other options should be explored.
• Should there be any changes, rest assured that we will discuss them together.
• Your union representative also remains at your disposal if you have questions about this approach.
• I would like to remind you that the Employee Assistance Program is available to help you at any time at 1-800-268-7708. Advisors are available 24 hours a day, 365 days a year, and the service is confidential. In addition, I encourage you to consult the My Wellbeing – An Employee Guide During COVID-19 which offers mental health-related tools and resources to help work through some of the challenges to our personal and working lives caused by COVID-19.
• Should you have any questions, please do not hesitate to contact me.

Recognizing that these discussions may be challenging, the following recommendations can assist in creating a conducive environment to start or continue a dialogue with employees.

Before the Conversation

The manager should:

• Ask the employee what time of day is better for them to have the conversation; this may be when young children are napping, or another adult is available to help look after the children.
• Ask the employee whether they prefer to have the conversation by phone or video. While video calls provide the advantage of visibly seeing the employee’s reactions, video calls can also add a dimension of stress (e.g.: feeling like they need to dress up, feeling like the need to be “on” or “on stage” for a call, etc.).
• Plan for more time than expected. This discussion should not be rushed or the employee should not feel that there is a need to end the call quickly as the next meeting is starting. Any extra time at the end of the meeting can be a welcome moment for the manager.
• Take time to consult tools and resources to help prepare for this conversation. Consider sharing these tools with the employee ahead of time, to help them prepare, as well:
  • Self-Assessment tool (for individuals) (PDF, 613 KB): Tool used for employees to identify their own needs and concerns so they can then have safe discussions with their manager and teams.
  • Self-Assessment tool (for families) (PDF, 489 KB): Self-reflection activity that can assist all employees and their families prepare for transitioning to greater community circulation and interactions. Use this activity to create awareness of individual and family needs to help make informed and respectful decisions.
  • Team check-in tool (short (PDF, 672 KB) / long (PDF, 669)): Assists managers, team leads, supervisors in creating spaces where people feel safe to share how they are doing.
  • Active listening tool (Canadian Mental Health Commission) (PDF, 86 KB): Provides tips on how to talk to someone in crisis during COVID-19.

During the Conversation

Managers should:

• Give the employee their full attention while on the call. As such, multi-tasking should be avoided.
• Minimize background sounds, such as rustling papers, barking dogs, etc., as much as possible.
• Keep their tone of voice even and empathetic, remaining calm and centered.
• Ask the employee how they are doing and what are their concerns. They should ask them what they could do to help them reduce /address their concerns.
• Keep in mind that during times of uncertainty, employees are looking for guidance on a very personal level. Managers can share with them that they recognize that it is a stressful period and it is normal to be feeling what they are feeling.
• Recognize that stress may have become unmanageable for some employees, as such they should remind them that the Employee Assistance Program (EAP) is available for them and their family: Employee Assistance Program (EAP) / 1-800-268-7708. Counsellors are available 24 hours a day, 365 days a year, and the service is confidential. In addition, managers should refer employees to consult the My Wellbeing – An Employee Guide During COVID-19 which offers mental health-related tools and resources to help work through some of the challenges to our personal and working lives caused by COVID-19.
• Acknowledge the employee’s situation and perspective, to the extent possible - acknowledging does not necessarily mean agreement.
• Remain flexible in exploring different work options to accommodate each situation as reasonably as possible. Reassure staff that expectations will shift accordingly, and that’s ok. We are all in this together and will get through this together.
• Allow the employee time to digest the information and reflect if they are quiet on the call.
• Stay calm, avoid getting pulled into the argument, or defending the organization if the employee is frustrated or angry.
• Not tolerate abusive or aggressive behaviour but should allow the employee to vent.
• End the conversation respectfully; as needed, follow-up with the employee at a later time.

After the Conversation

Managers should:

• Take some time following a challenging conversation to recoup; if needed, they can debrief with a colleague, or contact the Manager to Manager Network (M2M).
• Explore new products and learning opportunities to support managers and employees in the current context, such as:
  • Laser Coaching and Talking Circles: Two new products launched by the Office of Informal Conflict Management (OICM) to help managers and teams respond to changing priorities and needs during the COVID-19 pandemic.
  • Health Canada’s Specialized Organizational Services (SOS): Offers a list of virtual, “on demand” Mental Health workshops on COVID-19 related topics.
  • As part of the Staying Connected initiative, a variety of learning opportunities have been developed to help ESDC employees feel engaged, mobilized and empowered, even during these uncertain times. Managers and employees can take part in learning offerings from Morneau Shepell, which are available for a limited time only.