Workforce Adjustment: Frequently Asked Questions

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Treasury Board of Canada Secretariat – Frequently Asked Questions – Workforce Adjustment Agreements

Compensation and Benefits – Frequently Asked Questions – Workforce Adjustment 

Additional Frequently Asked Questions

Education Allowance (Option C i and C ii):

• 1. What is an Education Allowance under WFA?

  An Education Allowance is one of the options (Option C) provided to an indeterminate employee affected by Workforce Adjustment for whom the deputy head cannot guarantee a reasonable job offer.

  The Education Allowance is a cash payment, equivalent to the Transitional Support Measure, plus a reimbursement of tuition from a recognized learning institution, books and mandatory equipment costs.



• 2. What is the maximum amount an employee can receive for the reimbursement of tuition from a recognized learning institution, books and mandatory equipment costs under Option C?

  Employees must consult the WFA agreement that applies to their occupational group to determine the maximum amount they can receive under Option C. Certain agreements allow for a maximum $10 000 and others $11 000.

  Please refer to the WFA Agreements chart (PPT, 167 KB) to determine which WFA agreement applies to each occupational group.



• 3. What is the definition of a recognized learning institution for education allowance purposes?

  With respect to the education allowance, the learning institution must be an organization recognized by the province or by the federal government according to the Income Tax Act.

  Usually ministries or departments of education within each province and territory can provide lists of recognized post-secondary institutions within their jurisdictions.

  The Canadian Information Centre for International Credentials maintains lists of provincial and territorial resources, hyperlinks as well as lists of all the institutions recognized in Canada which are regularly updated.

  For additional information on what is considered a recognized learning institution, please consult:  http://www.cicic.ca/510/fact-sheet-no-5.canada and http://www.cicic.ca/500/education-systems.canada.

  The following sources may also provide guidance:

  • registered CEGEPs, colleges and universities
  • any provincially registered public school board or any private learning institution that has received recognition, including any learning institution listed by HRSDC
  • www.canlearn.ca


• 4. Is a learning institution abroad (international studies) considered as a recognized learning institution?

  A learning institution abroad (international studies) could be considered as a recognized learning institution.

  Employees must demonstrate that the institution is recognized in the country in which they want to study. Canadian embassies and consulates abroad can help employees in this process.

  The Canadian Information Centre for International Credentials offers various information to facilitate the process of obtaining recognition abroad.

  In order to avoid potential difficulties, employees contemplating to study abroad are strongly advised to obtain guidance on the status and acceptability of their chosen program, institution, and credential prior to making any commitment.



• 5. Does an opting employee who selects Option C (education allowance) have priority rights for reappointment in the public service?

  Employees who select Option C i) (Employee resigns) relinquish any priority rights for reappointment.

  Employees who select Option C ii) (Employee requests leave without pay for a maximum of 2 years) and who have not found alternate employment will be laid off at the end of the leave without pay period and provided with a 12 month lay-off priority status.

  Please note that employees who select Option C ii) (Employee requests leave without pay for a maximum of 2 years) and who do not provide proof of registration within 12 months of the start of their leave without pay period will be deemed to have resigned. In this situation, employees will be considered to be laid-off for purposes of severance pay only and will consequently not be entitled to a priority under the Public Service Employment Act for appointment in the public service.



• 6. What happens if an employee who has selected Option C ii) (Employee requests leave without pay for a maximum of 2 years) does not provide proof of registration within 12 months of the start of their leave without pay period?

  Employees who select Option C ii) (Employee requests leave without pay for a maximum of 2 years) and who do not provide proof of registration within 12 months of the start of their leave without pay period will be deemed to have resigned and will not be entitled to a priority under the Public Service Employment Act for appointment in the public service.



• 7. What process must an employee follow to receive reimbursement of tuition from a recognized learning institution, books and mandatory equipment costs?

  Employees should consult the Process for Reimbursement of Education Allowance (DOCX, 622 KB) document for steps on how to request reimbursement.



• 8. When should receipts for tuition, costs of books and mandatory equipment be submitted?

  Although there are no specified time limits, it is a good practice to submit receipts for reimbursement of tuition from a recognized learning institution, books, and mandatory equipment costs within a period of two years from the employee’s resignation date.

  It is a best practice for employees to discuss their intended learning plan with the designated representative in their organization before resigning or commencing leave without pay, which will facilitate financial planning for them and their former manager.



• 9. Can an employee who has selected Option C i) or C ii) attend a recognized learning institution on a part-time basis?

  An employee can attend school on a part-time basis.



• 10. An employee selects Option C ii) and is granted the maximum 2-year leave without pay period. Can the employee attend a learning institution for only 1 year out of the 2-year leave period granted?

  Employees who select Option C (ii) agree to delay their departure date and go on leave without pay for a maximum period of two years, while attending the learning institution.

  In line with the intent of the applicable Workforce Adjustment agreement, the duration of the leave without pay period should coincide with the length of time the employee will be attending the learning institution.



• 11. What can be considered mandatory equipment costs under Option C?

  Employees are required to submit potential reimbursement requests to their sub-delegated manager for review and approval prior to purchasing equipment.

  The onus is on the employee to provide written proof from the learning institution, to their sub-delegated manager, of the mandatory equipment requirements of the learning program.

  As a general rule of thumb, if there is a requirement for computers and/or peripherals, the department will reimburse up to a maximum of $1,000, based on submitted proof of requirement from the learning institution. Where specialized computers and/or peripherals are required, this threshold can be exceeded subject to the provision of appropriate proof from the learning institution. Managers are required to exercise judgement in dealing with specific circumstances.

  Managers are responsible for ensuring that the mandatory equipment threshold is not exceeded, expect in specific circumstances as outlined above.



• 12. What happens if an employee on leave without pay (following their selection of Option C ii), accepts an employment opportunity within the core public administration?

  An employee’s acceptance of an employment opportunity within the core public administration (Casual employment, Term appointment, Indeterminate appointment, etc.) will end their leave without pay in addition to their entitlement to tuition reimbursement (i.e. $10 000 / $11 000 depending on the applicable workforce agreement for tuition, books and mandatory equipment).

  Employees should consult their Manager or Human Resources Consultant, Workforce Strategies for more information prior to accepting alternate employment within the Public Service while on leave without pay.

Various:

• 1. What are the circumstances involving the relocation of a work unit?

  If an employee is declared affected because his or her work unit is to be relocated to another area beyond what is considered to be normal commuting distance, Workforce Adjustment (WFA) agreements provide that the employee will receive written notice advising that the work unit is moving.

  The notice will grant the employee a period of six months during which to decide whether or not he/she wishes to move with the position or to be subject to WFA.

  Should the employee decide not to move with the relocated position, the Deputy Minister, after having considered all of the relevant factors, will write and provide the employee with either a guarantee of a reasonable job offer or access to the Options set out in Part VI of the applicable WFA agreement and the National Joint Council WFA Directive.

  It is possible at some point that the employee's relocated position could be offered to the employee as a reasonable job offer, in the event that other employment cannot be found in the employee's preferred location.

  Employees who relocate are entitled to assistance in accordance with the provisions of the applicable WFA agreement and the NJC Relocation Directive.



• 2. Who is entitled to retraining?

  As indicated in WFA agreements, affected employees, surplus employees and laid off persons are entitled to up to two years of retraining to facilitate their redeployment for existing or anticipated vacancies as identified by management.

  Employees who have been officially informed of the relocation of their work unit, and who are within the 6-month decision period to decide if they wish to relocate or not with their position, are not entitled to retraining.

  In a WFA context, retraining may consist of on-the-job training or other training (such as formal training, coaching and mentoring) aimed at giving an employee the qualifications needed to fill a specific position or anticipated vacancy in the Core Public Administration as identified by management.

  Retraining provisions under WFA agreements do not include language training (in the case of non-imperative staffing). Language training needs in the case of non-imperative staffing must be addressed outside the WFA agreements retraining provisions.



• 3. What happens when an opting employee fails to choose, in writing, one of the three options within the allotted time period?

  An opting employee who fails to select an option within the prescribed time period will be deemed to have selected option A, a time-limited twelve-month surplus priority period in which to secure a reasonable job offer.



• 4. What is pay in lieu of unfulfilled surplus period?

  • When an opting employee who selected option A (time-limited twelve-month surplus priority period in which to secure a reasonable job offer) offers to resign before the end of the twelve-month surplus priority period, the Department may authorize a lump-sum payment equal to the employee’s substantive pay for the balance of the surplus period, up to a maximum of six months. The unused portion of the 120-day period that may have been added to the 12-month surplus period does not count in the calculation of the pay in lieu of unfulfilled surplus period amount.
  • The amount of the lump-sum payment for the pay in lieu cannot exceed the maximum of what the employee would have received had he/she chosen option B, the transition support measure.
  • Employees who receive pay in lieu of unfulfilled surplus period relinquish any priority rights for reappointment to the public service.
  • Pay in lieu of unfulfilled surplus period is not available to employees declared surplus with a guarantee of a reasonable job offer (GRJO).
  • Approval of pay in lieu of unfulfilled surplus period is at the discretion of management, but shall not be unreasonably denied. Assistant Deputy Ministers or Executive Heads Service Management are the delegated authorities to approve pay in lieu requests and will be required to certify that no additional FTE, salary or operating costs will be incurred in carrying out the work in any other way during the period covered.
  • Opting employees wishing to request pay in lieu of unfulfilled surplus may obtain a copy of the Pay in Lieu of Unfulfilled Request Form from their HRSB Case Manager.


• 5. What special counselling assistance is provided to employees who have been designated as opting under WFA?

  In accordance with the applicable WFA agreement, all opting employees are entitled to up to $600.00 towards counselling services in respect of their potential re-employment or retirement. Such counselling services may include financial and job placement counselling services.



• 6. What is management’s obligation to ensure that an employee’s current workplace functional limitations (Duty to Accommodate arrangement) are considered in a WFA situation?

  The WFA Directive is a process that is focused on the position, and not the person. As such, WFA and Duty to Accommodate (DTA) are to be treated as two separate issues.

  Once the WFA is put into place, and a reasonable job offer is made to an employee who has workplace functional limitations or restrictions, the managers must then respond to the need for a DTA.

  The ESDC Guidelines on DTA in the Workplace-A Shared Responsibility outlines the responsibilities and the 5-step process for determining appropriate accommodation arrangements.



• 7. Is an employee who has an existing telework agreement (under the Duty to Accommodate - DTA - provisions) more vulnerable than other employees when a WFA situation occurs within the Department?

  An employee who has an existing telework agreement under the Duty to Accommodate provisions is no more vulnerable than an employee who is physically working in the office when a WFA situation occurs.

  • A WFA situation takes into account the actual work an employee is performing. All employees who occupy a substantive position within the Department are affected by the workforce adjustment, including those who are teleworking (because of DTA) and those who are on any type of leave, would be included should this situation occur.
  • If a new position is identified for the employee who requires a workplace accommodation (telework), Management has an obligation to review and respond to an employee's functional limitations within the workplace. The Manager of the new position would need to look at the position the employee is being offered, along with the employee's functional limitations, and determine if a telework arrangement in the new position would be operationally feasible.