Follow the links below for individual policies.
Date Issued: 12/02/2001
Revision Date: 06/06/2019
Purpose
A definite leave of absence is an unpaid leave of absence granted for various reasons. The employee granted a definite leave has the right to return to the same position he/she is on leave from. Some leaves are mandatory, and some are discretionary, as described in the policy.
The purpose of this policy is to provide assistance in applying the definite leave provisions set out in the following: The Public Service Regulations, 1999; The Saskatchewan Employment Act; the collective agreement in place between the Government of Saskatchewan and Saskatchewan Government and General Employees' Union (SGEU); and the collective agreement in place between the Government of Saskatchewan and the Canadian Union of Public Employees (CUPE) Local 600.
Policy
The permanent head (or designate) may recommend/grant a definite leave of absence.
Mandatory Definite Leaves
A definite leave shall be granted in situations involving:
- Maternity/Parental/Adoption1
- Prolonged illness2
- An employee who has requested and been approved a leave under the Deferred Salary Leave Plan (DSLP)
- An employee who is a member of the reserve force as defined in the
National Defense Act (Canada) and is required for service
- Nomination, candidate and public office leave
- Compassionate care
- Critically ill child care
- Criticially ill adult care
- Crime-related child death or disappearance
- Interpersonal violence and sexual violence
See
Appendix A for more detailed information.
1an employee must have completed 13 weeks of consecutive employment and make application at least four weeks in advance of the estimated leave commencement to be eligible for leave.
2Prior to granting an extension of a definite leave of absence related to a prolonged illness, the supervisor should contact his or her Human Resource Business Partner Team (HRBPT). The HRBPT will contact the SGEU Long term Disability (LTD) Plan advocate or the Public Employees benefit Agency (PEBA) Disability Income Plan (DIP), as appropriate to confirm continued receipt of SGEU LTD or DIP benefits.
Discretionary Definite Leaves
Providing satisfactory arrangements can be made to accommodate the work, an eligible employee may be granted a discretionary leave of absence for a period up to one year with the possibility of an extension for one additional year (maximum two years total). Discretionary leave may also be requested to supplement leave provided under the mandatory provisions.
Examples of situations where discretionary leaves of absence may be considered include:
- Educational development
- Work-life balance (care for child, elder care, etc.)
- Personal interests (travel, hobbies, etc.)
- Community service
- Career development
- Spousal relocations
Permanent Heads (or designates) are encouraged to provide employees with the flexibility needed to pursue family, personal and developmental interests, promoting a healthy work/life balance.
For more information and examples where discretionary leaves are/are not commonly granted see
Appendix B.
Consideration for Discretionary Leaves
When considering a request for discretionary leave, the following guidelines shall be applied consistently and fairly:
- Leave benefits both the employee and the organization.
- Leave is approved, used responsibly, is considered to be in the public interest, and does not constitute a conflict of interest in accordance with the Government of Saskatchewan's Conflict of Interest Guidelines.
- Leave supports the government's objectives of delivering quality services.
Conditions of Definite Leave
- Position cannot be staffed permanently - a permanent or probationary employee has access to the same position he or she is on leave from [except in accordance with Article 18.2.3 of the PS/SGEU collective bargaining agreement (involuntary transfer for an SGEU employee)]. In the case of a term
employee, they will return to the same position they are on leave from, until
the end of the term appointment.
- Employee has access to benefits while on leave (see
Appendix C) and upon return from leave (see
Appendix D)
- Employee has access to layoff provisions - If a permanent employee's job is abolished prior to his or her return from leave, he or she will be governed by the same layoff provisions as if he or she occupied the job at the time the job was abolished - refer to collective agreement(s) and/or
The Public Service Regulations, 1999 for more information.
- If a permanent or probationary (full-time or part-time) employee is approved for a
definite leave to accept a term/non-permanent position with the same employer, the employer3 may waive certain provisions regarding benefits (PS/SGEU Article 18.4 A) 5.; CUPE Article 21.08 f);
The Public Service Regulations, 1999, s.70). The ministry's Human Resource Business Partner Team may be contacted for more information.
Procedures
Requesting/Extending a Definite Leave of Absence
Employee Responsibilities:
- Provide a written request to his or her immediate supervisor for the initial leave and for any extensions including reason for leave and supporting documentation, if required (eg. physician's statement supporting prolonged illness). Initial requests may be for periods of up to one year (unless mandatory provisions provide for a longer time period) with extensions requested after that.
- Provide appropriate notice to the employer in advance of the leave (notice period may vary depending upon circumstances).
- If the permanent or probationary (full-time or part-time) employee is approved for a
definite leave to accept a term/non-permanent position with
the
same employer, and the employee wishes to request to continue to accrue paid vacation days rather than receiving vacation pay in lieu of paid vacation days, he or she completes the form in
Appendix E, and submits it to his or her supervisor for consideration.
Ministry responsibilities:
- Approves/recommends/denies the request/extension (approval is granted if leave is mandatory) and the waiver of certain provisions regarding benefits (if applicable).
- Informs the employee of the decision.
- Forwards documentation to the Human Resource Service Centre (HRSC) for processing.
Human Resource Service Centre (HRSC) Responsibilities:
- Enters the employee's leave in MIDAS.
- Sends a letter to the employee providing him/her with benefits information including: Group Life Insurance and Disability Plan premiums; eligibility for Dental Plan coverage; eligibility for Extended Health Care benefits while on Leave of Absence; and information regarding benefits and pension contributions when returning from leave.
Authority
- The Public Service Regulations, 1999, Part 5, Sections 67 and 70
- PS/GE Collective Bargaining Agreement, Article 18
- PS/CUPE Local 600-3 Collective Bargaining Agreement, Article 21
- The Saskatchewan Employment Act, Part II
Resources and Tools
Forms
Frequently Asked Questions and Answers (FAQ)
Policy Inquiries
For inquiries please contact the Human Resource Service Centre.
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Date Issued: 12/09/1986
Revision Date: 08/11/1999
Purpose
To guide employees and managers in the appropriate use and granting of Pressing Necessity and Personal/Family Leave.
Definitions
Pressing Necessity
- Used to deal with unforeseen or emergent situations.
Personal/Family Leave
- For non-emergent personal/family responsibilities
In the latter case, such leave will, at times, have to be balanced with operational requirements.
These leave provisions do not apply to purely discretionary personal or family matters.
Policy
The Government of Saskatchewan recognizes that employees may encounter emergency, unforeseen circumstances or non-emergent personal/family leave responsibilities that require their absence from work. The amount of such leave will vary depending upon individual circumstances, the nature of the situation, and eligibility limits as set out below.
When making a request to use Pressing Necessity and Personal/Family Leave, employees are expected to:
- Exercise sound judgement balanced with good faith reasoning;
- Recognize and understand the operational requirements of the work unit;
- Respect the needs of co-workers and;
- Provide reasonable notice for non-emergent requests (i.e. one weeks notice).
It is the employee's responsibility to manage their usage of these provisions to ensure sick leave credits are available in the future.
When leave with pay is granted, the time approved is charged against the employee's sick leave credits subject to the following restrictions.
These restrictions are intended to ensure compliance with Federal Government Employment Insurance Regulations.
A.
Employees with less than 75 days sick leave credit at the end of the fiscal year (March 31).
1. Employees may access up to 3 days sick leave for pressing necessity and/or personal/family responsibility each fiscal year. These days are pro-rated for employees working less than full-time hours based on the previous year's employment.
2. Any unused portion of these 3 days shall accumulate from year to year.
3. Employees may access, subject to the availability of accumulated credits, up to 5 days sick leave for personal/family leave responsibilities each fiscal year. These 5 days do not accumulate from year to year.
Example:
After two years an employee could accumulate 6 sick leave credits for pressing necessity and/or personal/family responsibilities. These 6 days could be used in the following ways:
- 4 pressing necessity days and 2 personal/family responsibility days
- 1 pressing necessity day and 5 personal/family responsibility days (maximum allowable in a fiscal year)
4. Employees who require pressing necessity and personal/family responsibility leave in excess of 3 days or their accumulated allowable days for pressing necessity, may be granted an advance to a maximum of 3 pressing necessity/personal/family responsibility credits. This advance will be charged against the employee's sick leave credits in the following fiscal year.
B.
Employees who have 75 days or more sick leave credits at the end of the fiscal year (March 31).
1. Employees may access up to 5 days sick leave for personal/family responsibilities each fiscal year, on a non-cumulative basis.
2. Employees have access to all their sick leave credits for the purpose of pressing necessity, as governed by the guidelines.
C.
Other
Employees who are not eligible to access sick leave credits for pressing necessity or personal/family leave responsibilities may use any of the following:
- Time-in-lieu
- Vacation leave,
- SDO's,
- Banked EDO's or
- Other leave provisions as appropriate
Process
Requests to use sick leave credits for pressing necessity and personal/family responsibilities will normally be made in writing to the employee's immediate supervisor. Leave with pay for pressing necessity may be granted in response to verbal requests provided that a written request is submitted after the leave has been granted. To reduce paperwork, some departments include this as a category within attendance statements.
Because the need for leave for personal/family responsibilities is generally known in advance, one week's notice is expected, but the employer recognizes that exceptional circumstances may shorten the notice period.
The supervisor reserves the right to request evidence from the employee that the leave is for pressing necessity or personal/family responsibilities. A written explanation shall be provided to the employee if the request is refused.
All requests will be treated as confidential.
Guidelines
The appendix sets forth guidelines for granting leave of absence for Pressing Necessity and Personal/Family Responsibilities.
Application
All employees appointed under the
Public Service Act.
Authority
PS Regs Part 5, section 64;
SGEU Article 17.5;
CUPE Local 600-3 Article 17.10
Inquiries
For inquiries, please contact the Human Resource Service Centre.
See Guidelines - For Leaves of Absence Due to Pressing Necessity Personal/Family Responsibilities
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Date Issued: 12/09/1986
Revision Date: 07/01/2021
Summary
1. What is the Purpose of this Document?
The provisions of collective agreements on the matter of leave of absence for pressing necessity and personal/family responsibilities take precedence over this document. Where the collective agreement is silent, or where it does not apply to the employee requesting such leave, the Regulations under
The Public Service Act take precedence.
2. What is the Relationship of Leave for Pressing Necessity and Personal/Family Responsibilities to Sick Leave?
When leave with pay for pressing necessity and personal/family responsibilities is granted by the supervisor it is a direct charge against the employee's sick leave credits. An employee may request an advance of three (3) days pressing necessity/personal/family responsibility leave credits to be drawn against future sick leave entitlements.
In a case where the employee has no sick leave credits and no advance of credits is desired, leave for pressing necessity and personal/family responsibilities with pay cannot be granted. Such leave, if approved by the immediate supervisor, will be without pay. The employee would have the option to charge the absence to some other form of leave, i.e., vacation leave, banked EDO's or SDO's.
3. In What Circumstances is Leave for Pressing Necessity Commonly Granted?
Leave for pressing necessity is commonly granted in the following instances:
- Death in the employee's immediate or extended family.
- Attendance at the funeral of a non family member
- Emergency sickness or grave illness in the employee's immediate family or household
- Parental/Adoption leave.
- Addiction Treatment of child or spouse.
- Other emergency, or unexpected circumstances.
4. In What Circumstances is Leave for Personal/Family Responsibilities Commonly Granted?
Refer to the section titled "Detail: Personal/Family Responsibilities".
5. Definitions
Immediate family is defined as the employee's: spouse, common-law spouse, same sex partner, son, son-in-law, daughter, daughter-in-law, father, father-in-law, mother, mother-in-law, brother, sister, grandchild and grandparent, any relative permanently residing in the employee's household or with whom the employee resides, a person who the employee considers is equivalent to being a member of their immediate family, or any other person on approval of the supervisor.
Extended family is defined as the employee's: first cousin, aunt, uncle, niece and nephew, brother-in-law, sister-in-law, grandparent-in-law, a person who the employee considers in equivalent to being a member of their extended family, or any other person on the approval of the supervisor.
Personal/Family Leave:
Family refers to situations involving immediate and extended family, as defined above.
Personal refers to situations where non-family members are involved OR where there are no other individuals involved.
Detail: Pressing Necessity
1. Death in the Employee's Family
When a member of the employee's immediate family dies, the employee may request leave of absence for reasons of pressing necessity. The period of leave shall include those working days from the day of the death to and including the day following the funeral. This grieving period may be extended by the supervisor in order to accommodate the religious/cultural beliefs of the employee or if circumstances warrant.
Where a member of the extended family dies, the employee may request leave of absence for pressing necessity. The period of leave shall normally be for the day of the funeral.
Time for Travel Related to a Death
Where an employee requests leave for pressing necessity to attend the funeral of a family member and such attendance entails travel, the employee may request a maximum two (2) additional days of leave for such travel, where distances/circumstances warrant.
While on Approved Vacation Leave
Employees on approved vacation leave will be eligible for pressing necessity in the event of a death in the employee's immediate or extended family.
2. Attendance at the Funeral of a Non Family Member
An employee may request leave to attend the funeral of a non-family member. Where the period of leave sought is for less than one half (1/2) working day, such an arrangement may be agreed to locally between the employee and the immediate supervisor where operational requirements permit. Such absence will be with pay and with no deductions from leave credits. Where, however, the employee requests a longer period of leave citing pressing necessity, such leave should only be granted where circumstances warrant (e.g. special responsibilities related to the funeral, the deceased was a long time friend or co-worker).
3. Sickness or Grave Illness in the Employee's Immediate Family
Requests for pressing necessity to provide emergent elder, spousal, or child care during illness may be granted to a maximum of three (3) days.
Where a member of the employee's immediate family is gravely ill, leave for pressing necessity up to a maximum of five (5) working days may be granted.
4. Parental/Adoption Leaves
In the case of the birth of a child, parental leave of one (1) working day, to be taken on the day of the birth, will be granted on request. In the case of an adoption, one (1) working day, to be taken on the day the family receives the child, will be granted on request. See HR manual under Parental/Adoption leave for more details regarding leave options.
5. Addiction Treatment Support for a Spouse or Child
Where an employee's spouse or child is receiving treatment for addiction and the employee is required to be involved in the treatment during work hours, the employee may be granted pressing necessity to a maximum of five (5) days. The employee must submit the request for leave and have it approved by their manager/supervisor. Confidentiality will be maintained to the highest degree possible.
6. Other Pressing Necessity Circumstances
While difficult to define, such circumstances are characterized by adverse circumstances over which the employee has little or no advance warning or control, e.g. fire, flood, severe blizzard, household emergencies, etc. Leave granted may vary depending on circumstances up to a maximum of two (2) working days.
Where the employee chooses to live in a location away from the headquarters area, eligibility for leave for pressing necessity in respect to weather conditions regarding travel shall be based on the weather conditions prevailing where the employee is headquartered.
Detail: Personal/Family Responsibilities
The employer recognizes that work is one element of life and that employees need a healthy work-life balance. In turn, employees recognize the need to ensure the delivery of quality services to the public and the operational requirements attached to that goal.
There are genuine circumstances, both predictable and unforeseen, that require an employee to meet and carry out a personal or family responsibility which may require the employee to be absent from work for a short period of time. These include those matters where the employee has an obligation or duty and where the employee may be held accountable or answerable in some manner if the obligation is not met. This would typically involve situations where there is a significant event or circumstance and it would be reasonable to conclude that the employees presence is required. It does not include purely discretionary personal or family matters that can be addressed through other mechanisms, such as SDO/EDO, or vacation leave. Up to five (5) days per fiscal year can be used for personal/family responsibilities.
Unless there are unusual circumstances, leave for personal/family responsibilities should be utilized one day at a time. Personal/family leave may be used to supplement other forms of leave. For example, parental/adoption leave may be utilized by a person on the day of the birth of their child and personal/family leave may additionally be utilized to care for children at home during the mother's stay in hospital.
People who work shift work and those who do not usually have weekends off may need special consideration for personal/family responsibility leave due to the nature of their work assignment (this may include approval of leave for situations where other staff would not normally be granted leave).
Policy Inquiries
For inquiries, please contact the Human Resource Service Centre.
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Date Issued: 01/03/1999
Purpose
To allow for the recovery of overdrawn sick leave from out-of-scope employees
Policy
If an out-of-scope employee is overdrawn on sick leave at the beginning of a fiscal year, one half of the current year's entitlement or the overdrawn amount, whichever is less, is to be applied against the overdrawn amount and the balance is available for use during the current year.
If any balance remains to the employee's credit at the end of the year, it is to be applied against any remaining overdrawn sick leave.
The Public Service Regulations 1999, Section 65 state that:
"(4) Subject to subsection (5), if an employee who is leaving the public service has taken any type of paid leave in excess of the amount earned by the employee, the employee is to have deducted from any money owing to the employee by the Government of Saskatchewan an amount calculated on the basis of the number of days over-expended at the employee's salary on separation."
"(5) If the reason for the employee's separation from the public service is the employee's death, no amount respecting sick leave credits is to be deducted from any money owing to the employee by the Government of Saskatchewan."
Authority
PS Act 1998, Part 2, Section 14(1)(d);
PS Regs 1999, Part 5, Section 62 & 65
Inquiry
For inquiries, please contact the Human Resource Service Centre.
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Date Issued: 01/10/2002
Revision Date: 04/12/2018
Purpose
To enable a high-performing and professional public service, the Government of Saskatchewan (GoS) supports new parents on maternity/legal adoption/parental leaves with financial provisions under this policy.
Policy Statement
The GoS will provide eligible employees with a supplement to the maternity/parental Employment Insurance (EI) benefits received for a maximum of seventeen (17) weeks, including a one week waiting period, with respect to the same child or children.
Objectives
This policy aims to outline provision of the supplemental payments to enable eligible GoS employees to spend time with their newborn or newly adopted children.
Principles
- Fairness and equality – eligible employees on maternity, legal adoption or parental leave in respect to the same child or children, qualify to receive supplemental payments up to seventeen (17) weeks.
- Fiscal responsibility – supplemental payments can only commence once an employee signs a return to service commitment and after an employee provides proof of receiving EI benefits to the Human Resource Service Centre (HRSC).
Application
This policy applies to eligible in-scope GoS employees.
Eligibility Criteria
To be eligible for supplemental payments with respect to the same child or children, an employee must:
The signed application form denotes acceptance and understanding of a promise to return to work for the employer for a period equal to the same number of weeks that the supplement is received and to repay the amount of the supplement, or a portion thereof, should the employee not return to work for the number of weeks that the supplement was paid.
Supplement Amount
Maternity/legal adoption/parental supplement is a top-up payment to 95 per cent (%) of the eligible employee's regular weekly earnings in effect immediately prior to commencement of definite leave of absence. The top-up is calculated from the gross maximum weekly EI Benefit or 55 per cent (%) of employee's regular weekly earnings, whichever is less.
Note: The election to receive the standard or extended EI benefits do not impact the maximum weekly EI Benefit or the amount of the supplement received.
Waiting Period Supplement
If an employee qualifies for the maternity/legal adoption/parental leave supplement and is required to serve the EI waiting period, the GoS provides such employee with a supplemental payment equal to 95 per cent (%) of their regular gross salary for the one week waiting period.
If an employee is not required to serve the EI waiting period, the GoS provides such employee with a supplemental payment up to sixteen (16) weeks.
Combined Benefits:
Deductions, Benefits and Pension
The supplemental payments will be processed through the payroll system to allow for:
- deduction of income tax, Canada Pension Plan (CPP) contributions and union dues (if applicable); and
- reporting of these earnings and deductions on a T4 form.
The employer will process all benefits in accordance with the normal provisions applicable to definite leave of absence - refer to section PS 702-C Benefit Coverage While on Definite Leave of Absence Without Pay Appendix C.
Responsibilities
Public Service Commission (PSC):
- develops and implements GoS-wide maternity/legal adoption/parental leave supplement employment benefit policies, guidelines, and procedures;
- provides advice and assistance to ministries on the application of this policy; and
- monitors consistent application of the policy, procedures and guidelines.
Managers/supervisors:
- and submit a copy to the HRSC.
Employees:
- apply for a definite maternity/legal adoption/parental leave of absence;
- sign the return service commitment as a part of the application form;
- apply for EI benefits;
- provide verification of approval and receipt of EI maternity or parental benefits through submission of copies of the initial approval documentation, as well as subsequent EI payment details (e.g., EI cheque stubs). Documentation must be received by the HRSC prior to receiving supplement top-up payments.
Authority
Collective Agreement between the Government of Saskatchewan and Saskatchewan Government and General Employees' Union (SGEU):
Article 15.16 - Maternity/Legal Adoption/Parental Leave Supplement to Employment Insurance Benefit
Article 18.1.1.1 – Maternity Leave
Article 18.1.1.2 - Parental Leave or Legal Adoption
Definitions
Regular Weekly Earnings – include Regular Time, Designated Holiday Pay, Vacation Pay, Market Circumstance Supplement, Temp Circumstance Supplement and Northern District Allowance. Regular weekly earnings do not include supplementary payments such as shift pay, weekend premium, overtime, etc.
Maternity Leave – is an unpaid leave for eligible employees in respect to pregnancy, childbirth, post-childbirth recuperation, and childcare.
Legal Adoption Leave – is an unpaid leave for eligible employees to take care of a newly-adopted child.
Parental Leave – is an unpaid leave for eligible employees for the purpose of caring for a new-born child.
Related Policies
HR Policy Manual Section 702: Leaves of Absence without Pay
Resources and Tools
Forms
Guidelines
Frequently Asked Questions and Answers (FAQ)
- Maternity / Legal Adoption / Parental Leave Supplement to Employment Insurance (SUB) Program Frequently Asked Questions and Answers
Employee Checklist
Policy Inquiries
For inquiries, please contact the Human Resource Service Centre (HRSC).
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Date Issued: 01/10/2002
Revision Date: 04/12/2018
Purpose
To enable a high-performing and professional public service, the Government of Saskatchewan (GoS) supports new parents on maternity/legal adoption/parental leaves with financial provisions under this policy.
Policy Statement
The GoS will provide eligible employees with a supplement to the maternity/parental Employment Insurance (EI) benefits received for a maximum of seventeen (17) weeks, including one week waiting period, with respect to the same child or children.
Objectives
This policy aims to outline provision of the supplemental payments to enable eligible GoS employees to spend time with their newborn or newly adopted children.
Principles
- Fairness and equality – eligible employees on maternity, legal adoption or parental leave in respect to the same child or children, qualify to receive supplemental payments up to seventeen (17) weeks.
- Fiscal responsibility – supplemental payments can only commence once an employee signs a return to service commitment and after an employee provides proof of receiving EI benefits to the Human Resource Service Centre (HRSC).
Application
This policy applies to eligible out-of-scope employees.
Eligibility Criteria
To be eligible for supplemental payments with respect to the same child or children, an employee must:
The signed application denotes acceptance and understanding of a promise to return to work for the employer for a period equal to the same number of weeks that the supplement is received and to repay the amount of the supplement, or a portion thereof, should the employee not return to work for the number of weeks that the supplement was paid.
Supplement Amount
Maternity/adoption/parental leave supplement is a top-up payment to 95 per cent (%) of the eligible employee's regular weekly earnings in effect immediately prior to commencement of definite leave of
absence. The top-up is calculated from the gross maximum weekly EI benefit or 55 per cent (%) of employee's regular weekly earnings, whichever is less.
Note: The election to receive the standard or extended EI benefits do not impact the maximum weekly EI Benefit or the amount of the supplement received.
Waiting Period Supplement
If an employee qualifies for the maternity/legal adoption/parental leave supplement and is required to serve the EI waiting period, the GoS provides such employee with a supplemental payment equal to 95 per cent (%) of their regular gross salary for the one week waiting period.
If an employee is not required to serve the EI waiting period, the GoS provides such employee with a supplemental payment up to sixteen (16) weeks.
Combined Benefits:
Deductions, Benefits and Pension
The supplemental payments will be processed through the payroll system to allow for:
- deduction of income tax, Canada Pension Plan (CPP) contributions; and
- reporting of these earnings and deductions on a T4 form.
The employer will process all benefits in accordance with the normal provisions applicable to definite leave of absence - refer to section PS 702-C Benefit Coverage While on Definite Leave of Absence Without Pay Appendix C.
Responsibilities
Public Service Commission (PSC):
- develops and implements GoS-wide maternity/legal adoption/parental leave supplement employment benefit policies, guidelines, and procedures;
- provides advice and assistance to ministries on the application of the policy; and
- monitors consistent application of the policy, procedures and guidelines.
Managers/supervisors:
Employees:
Authority
Sections 67 (2), 76.1 – 76.4 of The Public Service Regulations, 1999.
Definitions
Regular Weekly Earnings – include Regular Time, Designated Holiday Pay, Vacation Pay, Market Circumstance Supplement, Temp Circumstance Supplement and Northern District Allowance. Regular weekly earnings do not include supplementary payments such as shift pay, weekend premium, overtime, etc.
Maternity Leave – is an unpaid leave for eligible employees in respect to pregnancy, childbirth, post-childbirth recuperation, and childcare.
Legal Adoption Leave – is an unpaid leave for eligible employees to take care of a newly-adopted child.
Parental Leave – is an unpaid leave for eligible employees for the purpose of caring for a new-born child.
Related Policies
HR Policy Manual Section 702: Leaves of Absence without Pay
Resources and Tools
Forms
Guidelines
- Eligibility and Administrative Guidelines – All Employee Types Maternity/Legal Adoption/Parental Leave Supplement to Employment Insurance Benefit (SUB) Program
Frequently Asked Questions and Answers (FAQ)
Employee Checklist
- Checklist for Employees Going on a Leave of Absence - Maternity / Legal Adoption / Parental Leave
Policy Inquiries
For inquiries, please contact the Human Resource Service Centre (HRSC).
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Date Issued: 01/10/2002
Revision Date: 01/10/2002
Effective Dates
The program shall be effective October 1, 2003 until September 30, 2006 (i.e. the expiry date of the collective agreement).
Following September 30, 2006, the program is intended to continue in effect until the collective agreement is re-negotiated and continue during the term of subsequent agreements unless negotiated otherwise.
Continuation of the program beyond September 30, 2006 is subject to a renewal of program registration by Human Resources Development Canada.
Written notice of any change to the program will be given to Human Resource Development Canada within 30 days of the effective date of the change.
Eligibility
- Employees must apply for and have approved a Definite Leave of Absence in accordance with Article 18.2 of the Collective Agreement; and
- be in receipt of training and income support from Human Resources Development Canada under Employment Insurance legislation; and
- sign a note to promise to return to work for the employer (post - journeyperson status) for a period equal to two (2) times the number of weeks that top-up is received and to repay the amount of the top-up, or a portion thereof, should the employee not return to work for two (2) times the number of weeks that top-up is paid.
Benefit Amount
- For the Employment Insurance two (2) week waiting period, eligible employees will receive an Apprenticeship Training SUB program payment from the employer equal to 95% of regular salary for the two week period. If the two (2) week waiting period does not apply, program benefits will be paid as per b) below.
Note: For permanent full-time employees the payment is 95% of their bi-weekly salary rate in effect immediately prior to the commencement of the Definite Leave of Absence.
For all other employees the full-time employee calculation will be prorated by the proportion of full-time regular hours paid during the twenty-six (26) full pay periods preceding the Leave (or the period of active employment if less than twenty-six (26) full pay periods).
- For the remaining weeks that training and income support is received from Human Resources Development Canada under Employment Insurance legislation, eligible employees will receive an Apprentice Training SUB Program payment from the employer equal to the difference between 95% of regular salary (as calculated in a) above) and the gross Benefit received from Human Resources Development Canada.
Note: "Other" earnings subsequent to commencement of the leave (i.e. not associated with employment with executive government) which decrease the amount of the net training and income support benefit but do not affect the gross training and income support benefit, will NOT increase the amount of the SUB program payment.
In no case will the number of weeks that SUB program benefits are paid exceed twenty (20) weeks (i.e. maximum of two apprenticeship training sessions) in one (1) calendar year.
Documentation
Eligible employees will be required to submit documented proof of eligibility for training and income support from Human Resource Development Canada and amounts of gross payments received from Human Resources Development Canada (e.g. cheque stubs) prior to payment.
Deductions from Payments/Accounting for Costs
Payments will be processed through the payroll system to allow for deduction of income tax and Canada pension (as required by federal law) and union dues.
Note: This is a benefit payment, not a supplementary pay item. However, processing through the payroll system is required to process these deductions and for budget purposes.
As per Department of Finance direction, the cost of this benefit program will be paid through the payroll system and charged to normal salary budgets. Departments will be required to expense the cost of the benefit in the year the definite leave of absence started. If the total cost of the benefit is not paid to the employee during the current fiscal year, it will be necessary to accrue the remaining cost to recognize the expense in the correct fiscal year.
A separate record of SUB program payments will be kept.
Pension, Insured Benefits and Other Collective Agreement Provisions
Benefits will be handled in accordance with the normal provisions applicable to definite leaves of absence.
Implementation – October 1, 2002
Should an eligible employee be attending apprenticeship training on October 1, 2002, benefits of the program will be effective October 1, 2002. There will be no benefit paid for time spent in Apprenticeship Training prior to October 1, 2002.
Return Service Commitment
The application form (Appendix A) is a promise to return to work or to repay the benefits, which must be signed by all employees to be eligible to receive program payments.
Enrolment/Administrative Procedures
See Appendix B for detailed enrollment and administrative procedures.
Other Remuneration
As required by Employment Insurance, Supplemental Unemployment Benefit (SUB) program guidelines, payments under the plan will have no impact on other remuneration paid in accordance with the terms of the Collective Agreement.
Authority
This program is provided in accordance with Article 15.17 of the PS/GE Collective Agreement.
Policy Inquiries
For inquiries, please contact the Human Resource Service Centre
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