DIRECTIVE ON LEAVE AND SPECIAL WORKING ARRANGEMENTS
1. Effective date
1.1 This directive takes effect on September 1, 2009.
2. Application
2.1 This policy applies to the Office of the Correctional Investigator (OCI) as
defined in Schedule V of the Financial Administration Act. The Privy Council,
by Order in Council dated February 15, 1993, authorized the OCI "to exercise
and perform all of the powers and functions of the Treasury Board in relation to
personnel management in the Office of the Correctional Investigator on the condition
that the OCI exercises such powers and performs such functions in accordance with
Treasury Board practices".
2.2 In its guiding principles, objectives, and requirements, this OCI Directive
on Leave and Special Working Arrangements reflect, but is not identical to, the
Treasury Board's Directive on Leave and Special Working Arrangements.
3. Context
3.1 The OCI is identified in two schedules in the Financial Administration Act (FAA).
For financial administration purposes, the organization adheres to financial practices
and policies like all other government entities defined in Schedule 1.I of the FAA.
In the human resources realm, the organization is identified in Schedule V. As a
separate employer, the Correctional Investigator has the control and management
of all matters connected with the Office of the Correctional Investigator. This
includes the establishment of human resources policies and programs that meet its
specific needs.
3.2 The OCI adheres to the principles and values outlined in the Public Service
Employment Act.
3.3 This directive supports the OCI's Policy on Terms and Conditions of Employment
by providing direction that will ensure the equitable, accurate, consistent,
transparent and timely application of terms and conditions of employment.
For the purposes of this directive, persons appointed to the OCI include persons
appointed to a position as any one of the following:
- an indeterminate;
- a term of three months or more;
- a term of less than three months;
- a casual worker;
- a person on an as and when required basis; or
- a part-time worker
3.4 Persons appointed to the OCI may be granted leave in accordance with the provisions
of the terms and conditions of employment.
3.5 This directive is issued pursuant to sections 7 and 11.1 of the Financial Administration
Act.
3.6 The Correctional Investigator has the authority to amend this directive.
3.7 The following appendices establish criteria to be followed with respect to the
management of certain authorized paid and unpaid absences from work:
Appendix A - Leave with Pay or Time Off With Pay
Appendix B - Leave Without Pay
3.8 Persons appointed to the OCI may participate in special working arrangements
in accordance with this directive under the pre-retirement transition leave and
leave with income averaging special working arrangements. The following appendices
establish criteria under which these working arrangements may be established:
Appendix C - Pre-Retirement Transition Leave: A Special Working Arrangement
Appendix D - Leave with Income Averaging: A Special Working Arrangement
3.9 This directive is to be read in conjunction with the following:
4. Definitions
Family member – Is, for the purpose of this directive, a
spouse, (or common-law partner resident with the person), children (including foster
children or children of spouse or common-law partner), parents (including step-parents
or foster parents), or any relative permanently residing in the person's household
or with whom the person permanently resides.
Office of the Correctional Investigator (bureau
de l'enquêteur correctionnel) - Refers to this organization
named in Schedule 5 of the Financial Administration Act.
Leave with pay (congé rémunéré)
- Is an authorized paid absence from work in accordance with the terms and conditions
of employment.
Leave without pay (congé non rémunéré)
- Is an authorized unpaid absence from work, in accordance with the terms and conditions
of employment, while maintaining continuity of employment.
Leave with income averaging (congé avec
étalement du revenue) - Is an authorized working arrangement
whereby eligible persons are able to reduce the number of weeks worked in a specific
12-month period by taking leave without pay for a period of between 5 weeks and
3 months. Although pay is reduced and averaged out over the 12-month period, pension
and benefits coverage (as well as the applicable premiums and contributions) continue
at the pre-arrangement levels.
Person with the delegated authority (personne avec
le pouvoir délégué) - Is a person identified
under the OCI delegation of authorities instrument for the administration of leave.
Political activity (activité politique)
- Has the same meaning as established under Part 7 of the Public Service Employment
Act for the purpose of this directive.
Pre-retirement transition leave (congé de
transition préalable à la retraite) - Is an authorized
working arrangement whereby eligible persons who are eligible for an unreduced pension
or are within two years of becoming eligible for an unreduced pension are able to
reduce the length of their workweek by up to 40 per cent. The person's salary is
reduced while the pension and benefits coverage (as well as the applicable premiums
and contributions) are maintained at pre-arrangement levels.
Public service (fonction publique)
- Has the meaning given to that expression in the Public Service Superannuation
Act.
Special working arrangements (modalités
de travail spéciales>) - Is, for the purpose of this directive,
pre-retirement transition leave and leave with income averaging.
Time off with pay (temps librepayé)
- Is, for the purpose of this directive, a paid absence from work (for a short duration
as defined in Appendix A of this directive) for one of the three following reasons:
time-off for voting; time-off owing to adverse climatic or environmental conditions;
and time-off for personal medical and dental appointments.
5. Directive statement
5.1 Objective
The objective of this directive is to ensure the administration, paid and unpaid
absences from work and special working arrangements are managed in a sound, consistent
and effective manner.
5.2 Expected results
The expected results of this directive are that:
- persons appointed to the OCI are accorded leave benefits in accordance with the
terms and conditions of employment; and
- absences from work and special working arrangements are administered and managed
in an accurate, equitable, transparent and timely manner.
6. Requirements
6.1 Senior officials or any other person named by the Correctional Investigator
are responsible for the following:
- ensuring that systems, processes or procedures are in place to track leave without
pay for other reasons, as detailed in Appendix B, in cases where the reason for
such leave is for political activity as defined in Part 7 of the Public Service
Employment Act;
- ensuring that the organizational structure, resources, procedures, systems and controls
are in place for the secure, accurate and timely application and administration,
within the organization, of all types of leave and special working arrangements
as detailed in appendices A, B, C and D;
- initiating, in a timely manner, appropriate pay or other administrative actions
related to authorized leave and special working arrangements;
- ensuring that human resources advisors provide accurate and timely direction to
persons appointed to the OCI on all matters pertaining to leave with or without
pay, including cases where the leave of absence involves political activity or leave
of absence priority entitlements, pursuant to the Public Service Employment Act
or Public Service Employment Regulations; and
- ensuring that requests for permission to seek nomination as or be a candidate in
an election and leave of absence (see Appendix B), if applicable, pursuant to the
Public Service Employment Act, are referred to the Public Service Commission.
6.2 Persons with the delegated authority to approve leave are responsible for:
- seeking advice and direction from human resources advisors in cases of leave without
pay due to illness and in any cases where political activity pursuant to the Public
Service Employment Act is involved;
- ensuring that all applications for discretionary leave and special working arrangements
are approved or not approved in a fair, consistent and transparent manner;
- ensuring that requests for leave are only approved in accordance with the applicable
authority, in other words, the terms and conditions of employment;
- ensuring that appropriate approval of requests for time off work or to participate
in special working arrangements, such as pre-retirement transition leave and leave
with income averaging, are considered and, if appropriate, approved in accordance
with this directive;
- considering all operational factors before approving leave or special working arrangements;
- directing persons to the appropriate sources of information and, when necessary,
to the departmental compensation organization before approving leave or special
working arrangements that have an effect on the person's pay or benefits; and
- providing, in a timely manner, the departmental compensation organization with approved
applications to process leave without pay or special working arrangements.
6.3 Monitoring and reporting requirements
6.3.1 Within the Organization
Senior organizational officials or any other person named by the Correctional Investigator
are responsible for monitoring adherence to this directive within the OCI, consistent
with Section 6.2 of the Policy on Terms and Conditions of Employment by:
- establishing and reviewing on an ongoing basis, processes, procedures and controls
to ensure that the management of leave set out in this directive is administered
in accordance with the appropriate authorities are timely and accurate and that
corrective measures are implemented in a timely manner; and
- reviewing, as required, the organizations' management of cases of leave without
pay due to illness (as detailed in appendix B).
7. Consequences
7.1 In cases of non-compliance, the Correctional Investigator is responsible for
taking corrective measures within the organization with those who are identified
with delegated authority pertaining to this directive. Corrective measures can range
from training, to the suspension or removal of delegated authority to, taking disciplinary
action, or any combination of these measures.
7.2 The OCI is required to pay any costs associated with errors or inappropriate
administration of leave from their existing budgets.
8. Roles and responsibilities of government organizations
8.1 Public Service Commission
In addition to the roles and responsibilities of other government organizations
described in Section 8 of the Policy on Terms and Conditions of Employment,
the Public Service Commission has a specific role with respect to the administration
of certain types of leave.
It provides direction to departmental human resources organizations with respect
to political activity, leave of absence priority entitlements pursuant to the Public
Service Employment Act and disabled employee priority entitlements pursuant
to the Public Service Employment Regulations. The Public Service Commission
monitors departmental performance regarding these matters.
9. References
9.1 Other relevant legislation/regulations
9.2 Related policy instruments/publications
OCI's Informal Conflict Management System Policy (ICMS)
10. Enquiries
Please direct enquiries about this policy to your Manager or
Director, Corporate Services and Planning
Telephone: 613-990-2692
Appendix A
Leave with Pay or Time off Work with Pay
1. Management of leave with pay or time off work with pay
Upon application from persons appointed to the OCI, persons with the delegated authority
may approve leave with pay in accordance with the terms and conditions of employment.
Time off work may be granted in accordance with the provisions set out in this Appendix.
1.1 Persons with the delegated authority who approve leave or grant time off work
with pay have the right to schedule such absences in a manner that takes into account
operational requirements. All absences from work must be authorized by the person
with the delegated authority to approve the specific absence.
1.2 A person appointed to the OCI on an authorized leave of absence can only be
replaced on an indeterminate basis if the period of leave or consecutive periods
of the same type of leave exceed one year. Periods of different types of leave cannot
be combined for the calculation of the one-year period. If the person is replaced,
the person with the delegated authority is to make every effort to provide suitable
employment for the person following the leave of absence.
Note:
When a person on a leave of absence has been replaced on an indeterminate basis,
the departmental human resources advisor is to be consulted by the person with the
delegated authority regarding leave of absence priorities pursuant to the Public
Service Employment Act.
When a person ceases to be an employee pursuant to the Public Service Employment
Act, there is no entitlement to severance pay. If, however, persons resign
or retire before the date on which their employment would have been terminated,
they may be eligible to receive severance pay in accordance with the provisions
of the terms and conditions of employment.
2. Management of specific leave with pay or time off work with pay situations
2.1 This Appendix establishes criteria that are to be followed when the employer
allows for paid leave or paid time off work when such absences are occasioned by
legal or societal obligations or are deemed by the employer to be situations when
persons appointed to the OCI should not suffer loss of income. The criteria are
as follows:
2.2 Paid time off work
2.2.1 Time off for voting
All persons appointed to the OCI, including casual workers and terms less than three
months, must be given time off with pay to vote (including proxy voting) in federal,
provincial, territorial and municipal elections, referenda or plebiscites. The requirements
are as follows:
Federal elections, referenda or plebiscites
Three consecutive hours during the period the polls are open.
Provincial or territorial elections, referenda or plebiscites
The number of consecutive hours specified in the legislation of the province or
territory in which the person resides.
Municipal elections, referenda or plebiscites
The number of consecutive hours specified in the statutes governing municipal elections,
referenda or plebiscites of the province or territory in which the municipality
is located; when there is no such provision, the time is that established for elections
in the province or territory in which the person resides.
2.2.2 Time off due to adverse climatic or environmental conditions
The Correctional Investigator may exercise his discretionary power to grant time
off with pay only if satisfied that the adverse climatic or environmental conditions
affect a person's capability to remain on or report for duty.
Adverse environmental conditions at the work place, such as a lack of heat, and
emergency conditions affecting the community, such as a serious flood or snowstorm,
are examples of conditions that could warrant management to exercise discretion
with respect to granting time off with pay.
2.2.3 Time off for personal medical and dental appointments
In the OCI, it is the practice for the employer to grant paid time off, for up to
half a day, for persons to attend their own personal medical and dental appointments
without charge to their leave credits in cases of routine, periodic check-ups. When
a series of continuing medical or dental appointments are necessary for treatment
of a particular condition, persons with the delegated authority ensure that absences
are to be charged to the person's sick leave credits.
2.2.4 Time off for medical and dental appointments of family members
In the OCI, it is the practice for the employer to grant paid time off, for up to
half a day, for persons to accompany a family member to their medical and dental
appointments without charge to their leave credits in cases of routine, periodic
check-ups. When a series of continuing medical or dental appointments are necessary
for treatment of a particular condition, persons with the delegated authority ensure
that absences are to be charged to the person's sick leave credits.
2.3 Leave with pay
2.3.1 Religious observance
Persons with the delegated authority to approve leave should examine, on an individual
basis, each request for leave to meet religious obligations. When approving leave
for reasons of religious observance, persons with the delegated authority ensure,
whenever operationally feasible, that appropriate arrangements are made for make-up
time, such as the use of vacation or compensatory leave, variable hours of work
or individual arrangements to make up time.
2.3.2 Recreational, personal and other special reasons
When granting leave for participating in social activities or similar purposes,
persons with the delegated authority ensure that leave is to be charged against
a person's vacation leave credits. In the event of a relatively brief leave period,
such as extended lunch hours, hours of work may be scheduled to maintain the normal
overall weekly hours of work.
2.3.3 Participation in international sporting events
A person appointed to the OCI may be granted by the person with the delegated authority
leave with pay for other reasons for the purpose of training for or participating
in international sporting events. The leave period must not exceed three calendar
months per year, if it is taken in one period, or 66 working days per year if it
is taken in broken periods (these amounts include earned but unused vacation leave
credits to which the person is entitled). Training or participation by a person
includes involvement as an athlete, an official referee, a judge, a coach or other
official.
Leave with pay for other reasons may be granted by the person with the delegated
authority under the following conditions:
- there must be a recommendation, on behalf of the person, from a national sport-government
body and the recommendation for participation must be validated by the appropriate
government sport organization, such as Sport Canada; and
- the person's unused vacation leave credits must be liquidated before the additional
sporting event leave for other reasons is granted.
2.3.4 Serve in the Canadian Forces Reserve
Persons appointed to the OCI may be granted leave with pay for other reasons for
the purpose of serving in the Canadian Forces Reserve. Persons with the delegated
authority to approve such leave are encouraged to grant leave of absences for this
purpose. Such leave is to conform to the provisions of the Reserve Forces Training
Regulations made pursuant to the National Defence Act.
Appendix B-Leave Without Pay
1. Management of leave without pay
1.1 Upon application from persons appointed to the OCI, persons with the delegated
authority may approve leave without pay in accordance with the terms and conditions
of employment.
1.2 Persons with the delegated authority are to ensure that persons appointed to
the OCI who apply for leave without pay for other reasons not covered under the
terms and conditions of employment clearly identify, in their application, the reason
for the absence, such as to accept employment in the office of a minister, a minister
of State, a secretary of State, or member of Parliament or to participate in political
activity.
Note:
Heads of human resources must ensure that systems or procedures are in place to
track the reason for leave without pay, particularly in cases involving political
activity as defined in Part 7 of the Public Service Employment Act in order
to provide the Public Service Commission with data for monitoring purposes.
1.3 Compensation advisors are to inform persons who have been granted leave without
pay of the implications that such leave will have on their pay and benefits, such
as various insurance plans, leave entitlements, severance pay entitlements and contributions
under the Public Service Superannuation Act as well as all entitlements
and voluntary deductions.
1.4 With the exception of persons on leave without pay to serve in the Canadian
Forces Reserve, identified in Section 2.5. in this Appendix, a person appointed
to the OCI on leave without pay can only be replaced on an indeterminate basis if
the period of leave or consecutive periods of the same type of leave exceeds one
year. Periods of different types of leave cannot be combined for the calculation
of the one year period. If the person is replaced, the person with the delegated
authority is to make every effort to provide suitable employment for the person
following the leave of absence.
Note:
When a person on a leave of absence has been replaced on an indeterminate basis
and the person with the delegated authority is unable to provide suitable employment
following the leave of absence, the departmental human resources advisor is to be
consulted, by the person with the delegated authority regarding leave of absence
priorities pursuant to the Public Service Employment Act.
When a person ceases to be an employee pursuant to the Public Service Employment
Act, there is no entitlement to severance pay. If, however, persons resign
or retire before the date on which their employment would have been terminated,
they may be eligible to receive severance pay in accordance with other provisions
in the Terms and Conditions of the Public Service.
2. Management of Specific Leave without Pay Situations
2.1 This Appendix establishes criteria that are to be followed by the OCI in the
following leave without pay situations:
- illness;
- injury in the workplace;
- to accept employment in the office of a minister, a minister of State, a secretary
of State; or a member of Parliament;
- to seek nomination as or be a candidate in a federal, provincial, territorial or
municipal election as stipulated under Part 7 of the Public Service Employment Act;
- to serve in the Canadian Forces Reserves.
2.2 Illness or injury in the workplace
When a person appointed to the OCI is unable to work due to illness or injury in
the workplace and has exhausted his or her sick leave credits or injury-on-duty
leave, the person with the delegated authority is to consider granting leave without
pay.
For administrative and benefits purposes only, this type of leave without pay is
referred to as sick leave without pay and is recorded as such.
If it is clear that a person will not be able to return to duty within the foreseeable
future, the person with the delegated authority is to consider granting such leave
without pay for a period sufficient to enable the person to make the necessary personal
adjustments and preparations for separation from the OCI on medical grounds.
When a person with the delegated authority is satisfied that there is a good chance
a person will be able to return to duty within a reasonable period of time (the
length of which will vary according to the circumstances of the case), leave without
pay provides an option to bridge the employment gap. The period of leave without
pay is to be flexible enough to allow person with the delegated authority to accommodate
the needs of a person with special recovery problems, including retraining.
Persons with the delegated authority are to regularly re-examine all cases of leave
without pay due to illness or injury in the workplace to ensure that continuation
of leave without pay is warranted by current medical evidence. Such leave without
pay situations are to be resolved within two years of the leave commencement date,
although each case must be evaluated on the basis of its particular circumstances.
All leave without pay due to illness or injury in the workplace will be terminated
by the person's:
- return to duty;
- resignation or retirement on medical grounds;
- cessation of employment pursuant to section 42 of the Public Service Employment
Act; or
- termination for reasons other than breaches of discipline pursuant to the Financial
Administration Act.
2.2.1 Disabled persons-return to work
Persons with the delegated authority are to consult their departmental human resources
advisors when persons have been certified by a competent authority as ready to return
to work but are no longer able to carry out the duties of their position. Human
resources advisors will provide direction with respect to disabled employee priority
entitlements pursuant to the Public Service Employment Regulations.
2.3 Acceptance of employment in the office of a minister, a minister of State, a
secretary of State, or a member of Parliament
Upon request from a person appointed to the OCI for leave without pay to accept
employment in the office of a minister, a minister of State, a secretary of State,
or member of Parliament, the person with the delegated authority may grant leave
without pay for other reasons for this purpose with the understanding that all the
requirements with respect to leave without pay established in this Appendix are
applicable.
2.3.1 Political activity
Persons appointed to the OCI are to consult their departmental human resources advisors
to seek direction regarding the provisions related to political activity in the
Public Service Employment Act as well as the role of the Public Service
Commission.
2.4 Seek nomination as or be a candidate in a federal, provincial, territorial or
municipal election
Upon request from a person appointed to the OCI for leave without pay for other
reasons when the reason is to seek nomination as a candidate or to be a candidate
in a federal, provincial, territorial or municipal election, the person with the
delegated authority is to forward the request to the departmental human resources
senior official, who is to forward the leave request to the Public Service Commission:
If the Public Service Commission grants permission to seek nomination as a candidate
or to be a candidate in a federal, provincial, territorial or municipal election,
the person appointed to the OCI may proceed on leave without pay for other reasons.
As such, all the requirements with respect to leave without pay established in this
Appendix are applicable. The period of leave without pay ends on the day on which
the results of the election are officially declared, or on an earlier day, as requested
by the person if she or he has ceased to be a candidate.
When a person appointed to the OCI is declared elected as a member of the House
of Commons, the legislature of a province, the Council of the Yukon Territory, the
Council of the Northwest Territories or the Legislative Assembly of Nunavut, the
person ceases to be an employee pursuant to the Public Service Employment Act,
and there is no entitlement to severance pay for this type of cessation of employment.
If, however, the person resigns or retires before the date on which their employment
would have been terminated for this reason, the person may be eligible to receive
severance pay in accordance with the provisions of the terms and conditions of employment.
2.5 Serve in the Canadian Forces Reserve
Persons appointed to the OCI who request leave to serve in Reserve Forces activities,
as described in subsection 247.5(1) the Canada Labour Code as:
- an operation in Canada or abroad - including preparation, training, rest or travel
or to the employee's residence - that is designated by the Minister of National
Defence;
- an activity set out in the regulations;
- annual training for the prescribed period, or, if no period is prescribed, for a
period of up to 15 days;
- training that they are ordered to take under paragraph 33(2)(a) of the National
Defence Act;
- duties that they are called out on service to perform under paragraph 33(2)(b) of
the National Defence Act;
- service in an aid of a civil power for which they are called out under section 275
of the National Defence Act
are to be granted leave without pay by persons with the delegated authority and
cannot be replaced on an indeterminate basis, even if the absence is for a period
exceeding one year. Such leave is to conform to the provisions of the Reserve Forces
Training Regulations made pursuant to the National Defence Act.
Persons on leave without pay for this purpose may only be replaced on a term basis
and are to be reinstated in the position that they occupied on the day before the
day on which the leave began. If the person with the delegated authority is not
able to reinstate the person in that position by reason of a workforce adjustment,
the workforce adjustment measures apply.
Appendix C-Pre-Retirement Transition Leave: A Special Working Arrangement
1. Special working arrangement
Pre-retirement transition leave is a special working arrangement whereby eligible
persons who are within two years of retirement have their workweek reduced by up
to 40 per cent. For a full-time person, this represents up to two out of five working
days.
Pay for the participating person would be adjusted to reflect the shorter workweek,
but their pension and benefits coverage, as well as premiums and contributions,
would continue at the pre-arrangement levels. The person would continue to be subject
to the provisions of the terms and conditions of employment and their employment
status (full- or part-time) would remain unchanged during the working arrangement.
2. Terms and conditions for approving pre-retirement transition leave
Persons with the delegated authority may approve pre-retirement transition leave
if the following conditions have been met:
- operational requirements:
- a thorough evaluation confirms that, for the two-year work-arrangement period, it
is operationally feasible to allow the work arrangement (in other words, the quality
of service or costs associated with service delivery would not be adversely affected);
- the person applying for the work arrangement must:
- be a person appointed to the OCI;
- have indeterminate employment status;
- not be surplus at the start of the leave arrangement;
- be eligible for an unreduced pension at the start of the leave arrangement or be
within two years of becoming eligible for an unreduced pension (that is, 53 years
of age with at least 28 years of pensionable service or 58 years old with at least
2 years of pensionable service at the time of retirement) and agree to resign effective
at the end of the leave arrangement (the employer's acceptance of the resignation
is conditional upon the leave arrangement being completed);
- agree not to work for the federal public service while on leave without pay,
- agree to respect the measures established in Chapter 2, "Conflict of Interest
Measures" of the Values and Ethics Code for the OCI while on leave
without pay; and
- submit an Application for Pre-retirement Transition Leave Form (TBS 325-9E).
3. Modifying the special working arrangement
Once the pre-retirement transition leave application has been signed by both the
participant and the person with the delegated authority, any changes to the arrangement
may be made only in rare and unforeseen circumstances. A request, by the person,
to change the working arrangement must be provided, in writing with reasonable notice,
and may be approved at the discretion of the person with the delegated authority.
4. Cancellation of the special working arrangement
Cancellation of the approved pre-retirement transition leave working arrangement
is to be allowed only in exceptional or unforeseen circumstances. A request, by
the person, to cancel the working arrangement must be provided in writing, with
reasonable notice, and may be approved at the discretion of the person with the
delegated authority.
Only in rare and exceptional cases would management initiate cancellation of the
pre-retirement transition leave working arrangement.
5. Effect of the special working arrangement on pay and benefits
5.1 Annual rate of pay
The annual rate of pay will be reduced to reflect the number of non-work days during
the working arrangement.
Throughout this section the expression unreduced rate of pay refers to the annual
rate of pay in effect before the commencement of the working arrangement. The term
reduced rate of pay refers to the annual rate of pay in effect during the
pre-retirement transition leave working arrangement.
5.2 Allowances
Allowances for which the person participating in the pre-retirement transition leave
working arrangement may be eligible are to be paid in accordance with provisions
set out in the terms and conditions of employment.
5.3 Bilingualism bonus
Persons who are eligible to receive the bilingualism bonus will continue to receive
it during the pre-retirement transition leave working arrangement for any month
in which the person receives a minimum of 10 days' pay.
5.4 Overtime
Overtime worked during the working arrangement period is to be paid at the unreduced
rate of pay in accordance with the overtime provisions of the terms and conditions
of employment.
5.5 Public service pension plan
The non-work days of the working arrangement count as pensionable service under
the public service pension plan. The person's contributions to the pension plan
will therefore be deducted based on the unreduced pay rate.
Important note:
The Income Tax Act places certain maximums on the total amount of leave
without pay, exclusive of sick leave without pay that can be treated as pensionable
service under a registered pension plan (including the public service pension plan).
Compensation advisors will provide persons appointed to the OCI with information
regarding this exception.
5.6 Supplementary Death Benefit
The premium for Supplementary Death Benefit will be deducted based on the unreduced
rate of pay because the benefits are payable based on the unreduced rate of pay.
5.7 Disability or long-term disability insurances
The premium for these insurance plans will be deducted based on the unreduced rate
of pay because the coverage is based on the unreduced rate of pay.
5.8 Canada or Québec Pension Plan
Contributions and pensionable earnings to the Canada or Québec pension plans
will be based on the person's reduced rate of pay only.
5.9 Employment Insurance
Premiums for Employment Insurance will be based on the reduced rate of pay.
5.10 Other voluntary payroll deductions
All other voluntary payroll deductions will continue to be deducted from the reduced
rate of pay in the appropriate amounts if there are sufficient funds available.
5.11 Public Service Management Insurance Plan
The premium for this insurance plan will be deducted based on the unreduced rate
of pay because the coverage is based on the unreduced rate of pay.
5.12 Vacation and sick leave credits
Vacation and sick leave credits will continue to be earned in accordance with the
terms and conditions of employment.
Earned vacation and sick leave credits may be used on the at-work days only. Vacation
and sick leave may not be granted for the non-work (leave without pay) days.
5.13 Designated paid holidays
Full-time persons participating in the pre-retirement transition leave working arrangement
are entitled to designated paid holidays in accordance with the terms and conditions
of employment if they are not on leave without pay on both the working day preceding
the designated holiday and on the working day following the designated
holiday.
If the person is entitled to the designated paid holiday and it falls on an at-work
day, the person is paid for that day.
If the person is entitled to the designated paid holiday and it falls on a non-work
day, the holiday is to be moved to the next day that the person would normally have
been paid (in other words, the next at-work day).
5.14 Participation in other special working arrangements
Persons participating in the pre-retirement transition leave working arrangement
cannot participate in leave with income averaging.
Appendix D-Leave with Income Averaging: A Special Working Arrangement
1. Special working arrangement
Leave with income averaging is an arrangement whereby eligible persons reduce the
number of weeks worked in a specific 12-month period by taking leave without pay
for a period of between a minimum of 5 weeks and a maximum of 3 months.
Pay for the participating person would be reduced and averaged out over the 12-month
period to reflect the reduced time at work; however, his or her pension and benefits
coverage, as well as premiums and contributions, would continue at the pre-arrangement
levels.
The person continues to be subject to the provisions of the terms and conditions
of employment, and his or her employment status (for example, full- or part-time)
would remain unchanged during the working arrangement.
The leave without pay portion of the working arrangement may be taken in two periods
within the 12-month period. Each period must be at least 5 weeks and the sum of
the two periods must not exceed 3 months.
Although persons participating in the leave with income averaging working arrangement
receive income throughout the 12-month period, the person is deemed to be on leave
without pay during the non-work period of the arrangement.
2. Terms and conditions for approving leave with income averaging
Persons with the delegated authority may approve leave with income averaging if
the following conditions have been met:
- operational requirements:
- a thorough evaluation confirms that for the 12-month work arrangement period it
is operationally feasible to allow this work arrangement (in other words, the quality
of service or costs associated with service delivery would not be adversely affected);
- the persons applying for the work arrangement must:
- be a person appointed to the OCI;
- have indeterminate employment status;
- not be surplus at the start of the leave arrangement;
- agree not to work for the federal public service while on leave without pay;
- agree to respect the measures established in Chapter 2, "Conflict of Interest
Measures," of the Values and Ethics Code for the OCI while on leave
without pay; and
- submit an Application for Leave with Income Averaging form (TBS 325-10E).
3. Modifying the special working arrangement
Once the leave with income averaging application has been signed by both the participant
and the person with the delegated authority, any changes to the arrangement are
to be made only in rare and unforeseen circumstances. A request, by the person,
to change the working arrangement must be provided, in writing, with reasonable
notice, and any changes may be approved at the discretion of the person with the
delegated authority.
4. Cancellation of the special working arrangement
Because the financial implications are significant in the leave with income averaging
working arrangement, only in rare and exceptional cases is the cancellation of the
working arrangement to be considered.
A request, by the person, to cancel the working arrangement must be provided in
writing with reasonable notice and may be approved at the discretion of the person
with the delegated authority.
5. Effect of the special working arrangement on pay and benefits
5.1 Annual rate of pay
The annual rate of pay will be reduced to reflect the period of non-work days that
will be taken during the 12-month working arrangement period. The reduced salary
rate will be averaged over the 12-month period.
Throughout this section the term unreduced rate of pay refers to the annual
rate of pay in effect before the commencement of the special working arrangement.
The term reduced rate of pay refers to the annual rate of pay in effect
during the leave with income averaging working arrangement.
5.2 Allowances
Allowances for which the person participating in the leave with income averaging
working arrangements may be eligible are to be paid in accordance with the provisions
established in the terms and conditions of employment.
5.3 Bilingualism bonus
Persons who are eligible to receive the bilingualism bonus will continue to receive
the bonus during the leave with income averaging working arrangement for any month
in which the person receives a minimum of 10 days' pay. The annual bilingualism
bonus rate will be reduced to reflect the period of non-work days that will be taken
during the 12-month working arrangement period. The reduced rate of the bilingualism
bonus will be averaged over the 12-month period.
5.4 Overtime
Overtime worked during the leave with income averaging working arrangement period
is to be paid at the unreduced rate of pay in accordance with the overtime provisions
of the terms and conditions of employment.
5.5 Public service pension plan
The non-work days (leave without pay) of the leave with income averaging working
arrangement count as pensionable service under the public service pension plan.
The person's contributions to the pension plan will therefore be deducted based
on the unreduced rate of pay.
Important note:
The Income Tax Act places certain maximums on the total amount of leave
without pay, exclusive of sick leave without pay that can be treated as pensionable
service under a registered pension plan (including the public service pension plan).
Compensation advisors will provide persons appointed to the OCI with information
regarding this exception.
5.6 Supplementary Death Benefit
The premium for Supplementary Death Benefit will be deducted based on the unreduced
rate of pay because the benefits are payable based on the unreduced rate of pay.
5.7 Disability or long-term disability insurances
The premium for these insurance plans will be deducted based on the unreduced rate
of pay because the coverage is based on the unreduced rate of pay.
5.8 Canada or Québec Pension Plan
Contributions and pensionable earnings to the Canada or Québec pension plan
will be based on the person's reduced rate of pay only.
5.9 Employment Insurance
Premiums for Employment Insurance will be based on the unreduced pay rate. No deduction
will be taken during the period of leave without pay (5 weeks to 3 months)
5.10 Other voluntary payroll deductions
All other voluntary payroll deductions will continue to be deducted from the reduced
pay rate in the appropriate amounts if there are sufficient funds available.
5.11 Public Service Management Insurance Plan
The premium for this insurance plan will be deducted based on the unreduced rate
of pay because the coverage is based on the unreduced rate of pay.
5.12 Vacation and sick leave credits
Vacation and sick leave credits will continue to be earned in accordance with the
provisions of the terms and conditions of employment.
Earned vacation and sick leave credits may be used on the at-work days' portion
of the working arrangement only. During the leave without pay portion of the working
arrangement, vacation and sick leave credits will be earned in accordance with the
terms and conditions of employment.
5.13 Designated paid holidays
Full-time persons participating in the leave with income averaging working arrangement
are entitled to designated paid holidays in accordance with the terms and conditions
of employment.
5.14 Participation in other special working arrangements
Persons participating in the leave with income averaging working arrangement cannot
participate in the pre-retirement transition leave working arrangement.