Section 1200: Out-of-Scope Compensation Policies and Programs

​Follow the links below for individual policies.

• Section 1201: Compensation Policies Out-of-Scope Employees
• Section 1202: Out-of-Scope Performance Management Ratings and Administration Guidelines
• Section 1203: Carryover and Payout Provisions - Vacation Leave, Scheduled Days Off (SDOs) and Earned Days Off (EDOs)
• Section 1204: Phased-In Retirement Guidelines for Out-of-Scope Employees
• Section 1205: Out-of-Scope Employees Flexible Benefit Account Program

​Section 1201: Compensation Policies Out-of-Scope Employees

Date issued: 01/12/2000
Revision date: 20/01/2022

Purpose

To establish guidelines which provide fair and equitable salary treatment for out-of-scope employees and which support the recruitment and retention of a talented, innovative and committed workforce. 

Policy Statement

The Government of Saskatchewan's compensation plan(s) and policies are established within the framework of the government's desire to be a preferred employer while balancing the need for fiscal responsibility and public accountability. The government's overall salary policy provides for competitive salary ranges. 

Objectives

This policy outlines provisions related to salary treatment of out-of-scope employees in the public service. The objectives of this policy are to:

• Support the Government of Saskatchewan's strategy and business direction through appropriate compensation programs;
• Support the responsible and defensible expenditure of public funds;
• Ensure equitable and consistent application of compensation functions;
• Align to compensation best practice; and

Maintain integrity of total rewards programming.

Principles

This policy is based on the principle of the Government of Saskatchewan's commitment to Equal Pay for Work of Equal Value and the principle of fiscal responsibility. 

Application

This policy applies to out-of-scope Government of Saskatchewan employees appointed pursuant to The Public Service Act, 1998 (The Act) and The Public Service Regulations, 1999 (The Regulations) who are excluded from the scope of the Saskatchewan Government and General Employees' Union (SGEU) and Canadian Union of Public Employees (CUPE) Collective Bargaining Agreements. This policy may also apply to specified order-in-council appointments and individuals hired as employees by Executive Government under contract.

In-scope employees who are not appointed to an out-of-scope position, but whose position is temporarily reclassified (TR) out-of-scope, are subject to the provisions of the collective agreement. 

Policy Terms

1. Salary on Initial Appointment
The Public Service Regulations, 1999 allow for flexibility, on the appointment of a person to a position in the classified service, as long as it is within the salary range established for the position (see section 31 of The Regulations).

In making an offer of appointment, the manager will balance fiscal prudence with the ability to attract high quality candidates, thereby enhancing service to the public. Salary ranges, for fully experienced persons, are considered competitive, relative to the market. Therefore, normal practice is to offer a salary that recognizes the competency level of the candidates while allowing for future recognition of increased competencies. Where a rate above minimum is required to attract a candidate, the manager is guided by the following.

Considerations:

• Quality of field of candidates in the competition;
• Competencies of the candidate - what does the candidate bring to the job;
• Candidate's current salary – what are they willing to accept;
• Internal equity (salary rates of employees with comparable competencies in the immediate work area, near work area, ministry, government);
• External market - does candidate possess credentials and/or competencies which are "in-demand" by other employers and, therefore difficult to recruit;
• Will there be room to progress within the pay range;
• Desirability of the work and/or location;
• Has position been previously advertised with no success?

2. Salary Supplements
A salary supplement allows the government to attract and retain qualified employees where the salaries required to attract candidates from a specific profession are higher than those which the classification and compensation systems provide (market consideration) or, to provide fair and equitable salary treatment based on individual facts (see section 32 of The Regulations).

Supplements are initiated by the employer and may be authorized in the following categories:

• Market Supplement:
  May be authorized when the regular salary range is not competitive with the external market for a particular specialty. Established for recruitment and retention purposes.
  

• Individual Qualification Supplement:
  May be authorized to recruit an individual candidate who possesses exceptional qualifications, which exceed the position requirements and where the additional qualifications are considered of value to the employer.
  
  
• Special Circumstance Supplement:
  May be authorized for a number of reasons such as:

• To maintain individual salaries on transfer of an agency or a service to the government;
• To provide a salary increase for the duration of a secondment to another employer;
• To correct for salary compression or inversion;
• To maintain salary on reassignment to a position in a lower salary range.

Establishing a salary supplement requires the authorization of Total Rewards, Public Service Commission (PSC). Conditions applicable to the supplement are specified in the memorandum authorizing the supplement.

Requests for individual qualifications, special circumstance, or market supplements where the "market reason" has been pre-approved, are to be directed to Total Rewards, PSC and must include:

• The reasons for the request;
• The amount of supplement requested;
• An indication that the request is supported by the permanent head of the employing ministry; and
• An assurance that the cost of the supplement will be absorbed within the appropriation.

Requests for market supplements, whether specific to a ministry or across ministries, require:

• A written request, with rationale, from the ministries concerned;
• External market surveys conducted by Total Rewards, PSC;
• Written assurance the costs will be absorbed within the appropriation(s); or
• Advice to Treasury Board to be prepared by the Commission in consultation with ministries, where the cost and number of employees affected is significant.

3. In-Range Progression 
An in-range salary adjustment is a permanent adjustment to an employee's regular salary within the regular salary range in recognition of the employee's performance (refer to PS 1202 of the HR Manual and sections 30 and 40 of The Regulations).

An employee who has received an in-range progression salary adjustment can retain their current salary on appointment to a subsequent position.

The Regulations provide authority for annual increases, effective July 1st of each year in accordance with the criteria set out by the PSC.

• In-range progression is based on performance, as assessed using the corporate performance management system (Planning for Success), during the preceding fiscal year;
• Performance ratings and the percentage of salary adjustments are determined by ministries, within the guidelines provided;
• Administration guidelines and any policy changes are published annually by the PSC;
• Total Rewards, PSC authorizes the ministry pay-plans ensuring that the plan does not exceed the dollar allocation established for this purpose.

Where an employee is promoted, demoted, reclassified or transferred on the same date as an in-range adjustment, these increases are to be applied in the following order:

1. In-range adjustment
2. Promotion/demotion/transfer/reclassification
3. Economic adjustment

4. Economic Adjustments
Changes to the established pay ranges are recommended by the PSC and require authorization by the Lieutenant Governor in Council (see section 42 of The Regulations).

Where an economic adjustment is authorized on the same date as other transactions (e.g., in-range progression, promotion formula) the economic adjustment is always applied last.

5. Accelerated In-Range Salary Adjustment
Section 41 of The Regulations enables the Chair to authorize an in-range salary adjustment greater than (or in addition to) the in-range progression authorized in accordance with section 40 of The Regulations. Such adjustments are considered under exceptional circumstances, and:

• Must be recommended by the permanent head of the employing ministry;
• May only be authorized if the Chair is satisfied it is required for reasons of internal equity or market considerations;
• Takes effect the first day of the month following authorization; and
• May not exceed the maximum of the regular salary range.

Total Rewards, PSC has been delegated authority to approve accelerated in-range salary adjustments.

6. Salary on Transfer
A transfer is defined as the movement of an employee from one position to another position that has the same regular salary range maximum. 

• On transfer, a permanent employee retains salary rate;
• A ministry may, in exceptional situations, wish to provide an increase on transfer, however, this would need to be handled separately pursuant to section 41 of The Regulations, as an accelerated in-range adjustment.

For non-permanent and probationary employees, on subsequent appointment, the Commission determines salary (i.e., this can be treated as a new appointment).

Where an employee receives an in-range progression salary adjustment or an economic adjustment on the same day as a transfer, these increases are to be applied in the following order:

1. In-range adjustment
2. Promotion/demotion/transfer/reclassification
3. Economic adjustment

7. Salary on Promotion
Promotion is defined in the Act as "a change of employment from one position to another position that has a higher regular salary range maximum".

For purposes of the application of this policy, a position means a set of duties and responsibilities.

The promotion formula for permanent out-of-scope employees will normally be 8% but may be any amount "up to 8%". A manager may authorize an increase lower than 8% in circumstances such as:

• An employee has received promotion formula for a very similar assignment on a temporary basis and is being appointed to permanent status;

• An employee was hired as an "underfill" to allow them to acquire some experience needed to fully qualify for the assignment, and is promoted, through reclassification, one or more levels, in a relatively short period of time (e.g., prior to having served the equivalent of a probationary period);

• An employee has been on a temporary reclassification for a relatively short period of time and has received an in-range progression salary adjustment. On promotion, the temporary reclassification rate with in-range progression becomes the base salary for purposes of applying promotion formula. If these transactions result in a series of promotions in a short time period, which would result in the employee being unfairly enriched, a lesser rate for the second promotion may be more appropriate;
• Where a series of promotions in a short time frame would result in internal inequities, a lesser rate on the later promotions may be deemed appropriate.

Employees promoting from permanent in-scope positions always receive a minimum salary increase of 8%, subject to the minimum and maximum of the range. In-scope employees accepting out-of-scope employment may negotiate a salary greater than the minimum provided. Up-in-Range requests must be authorized by the PSC.

For non-permanent and probationary employees, on subsequent appointment, the Commission determines salary (i.e., this can be treated as a new appointment).

If the promotion is as a result of a permanent reclassification (see #9 Salary on Permanent Reclassification and section 38 of The Regulations), probationary employees will retain current salary, subject to the minimum/ maximum of the new regular salary range. 

The promotion formula is authorized by the PSC or the ministry official who has been named as a delegated authority for this purpose.

Where an employee receives an in-range progression salary adjustment or an economic adjustment on the same day as a promotion, these increases are to be applied in the following order:

1. In-range adjustment
2. Promotion/demotion/transfer/reclassification
3. Economic adjustment

Promotion of Employee with a Red-Circled Salary
"Red-circling" occurs when an employee retains a salary range in effect prior to a downward reclassification (also see #9 Salary on Permanent Reclassification). The employee remains in this range until the new, lower range, catches up to the frozen or red-circled range, through the application of economic adjustments.  

A promotion from a position in which an individual's salary has been "red-circled" is a positive move, in that it assists the employee to move forward and reduces or eliminates the amount of "overpayment" the employee is receiving. In these instances the promotion is determined by comparing the classification of the employee's home position and the classification of the position they are moving to.

Where an employee's salary has been "red-circled", pursuant to section 36 of The Regulations (also see #9 Salary on Permanent Reclassification) and that employee is being promoted, the salary that is applied will depend on the amount of increase available. Salary treatment can be determined on a "case-by-case" basis, as evidenced by the following examples:

Option A:
Where the maximum of the range the employee is being promoted to is higher than the maximum of the "red-circled" range, normal promotion formula, subject to the maximum of the new range, should be applied.

Option B:
Where the maximum of the "red-circled" range is above the maximum of the range for the "promotion" but the employee is not at the maximum of the red-circled range, the manager may provide an increase within the red-circled range to reflect that a promotion has taken place and the employee should retain their red-circled status.

Promotion of an Employee on Initial Probation
On subsequent appointment, a probationary employee's salary will be determined by receiving either the minimum of the range or retaining their current salary. If initially hired up-in-range or if an in-range progression salary adjustment has been received, the salary can be retained subject to the minimum and maximum of the new salary range. The manager has the option of offering a salary that is up-in-range for an employee on initial probation. In determining the extent to which an increase in pay will be provided the manager will be guided by:

• Length of service (i.e., has the employee just commenced or have they nearly completed the probationary period);
• Extent of increase in salary from previous employer;
• Ability to recruit to this position (market considerations);
• Internal equity.

If the promotion is due to an upward reclassification action, salary will be in accordance with #9 Salary on Permanent Reclassification.

8. Salary on Demotion
A demotion is defined under The Act as "a change of employment from one position to another position that has a lower regular salary range maximum".

Section 35 of The Regulations provides for the Commission to determine the new regular salary. This decision is made in consultation with the ministry.

• Typically, a permanent employee will retain their pre-demotion current rate, if the rate falls within the range of the lower classification;
• Where the permanent employee's rate is above the maximum of the lower range the appointment is typically to the maximum of the lower salary range to minimize salary loss.

Considerations:

• Is the move voluntary or involuntary;
• What are the employee's qualifications;
• Is this a permanent employee;
  
• Is the demotion within the employee's field of expertise or in a new field;
• Length of time elapsed between appointments;
• Is the move in the interest of the government?

In certain circumstances a ministry may desire to retain an employee's pre-demotion rate of pay. These may be handled through authorization of a Temporary Salary Supplement. Salary supplements must be requested and approved by Total Rewards, PSC.

Demotion of an Employee with Red-Circled Salary
Where an employee's salary has been "red-circled", pursuant to section 36 of The Regulations (also see #9 Salary on Permanent Reclassification) and that employee is accepting a demotion, salary treatment would allow:

• Retention of current rate, if the rate falls within the new range;
• Appointment at the maximum of the range of the classification the employee is accepting a demotion to.

Where an employee receives an in-range progression salary adjustment or an economic adjustment on the same day as a demotion, the salary shall be determined in the following order.

1. In-range adjustment
2. Promotion/demotion/transfer/reclassification
3. Economic adjustment

9. Salary on Permanent Reclassification
Where the reclassification is a promotion (i.e., to a position having a higher regular salary range maximum, also referred to as an upward reclassification), section 36 of The Regulations provides for promotion formula to apply (also see #7 Salary on Promotion).

Where the permanent reclassification is to a classification level having a lower salary range maximum (i.e., reclassified downward), salary treatment depends on the permanent employee's current rate of pay:

A.     Where the employee's salary immediately before the effective date of the reclassification is above the range maximum of the new range, the employee is "red-circled". That is, they retain the salary rate and range in effect prior to the reclassification. The employee progresses through the red-circled range until they reach the maximum of the range, however, the range itself is "frozen". 

The employee remains in this range until the new, lower range, catches up to the frozen or red-circled range, through the application of economic adjustments.

Note: The purpose of "red-circling" is to balance the short-term fairness for the individual with longer term fairness and equity for all employees.

B.     Where the employee's salary immediately before the effective date of the reclassification is at or below the maximum of the new range, the employee's rate of pay is unchanged, and the employee is eligible for in-range progression to the maximum of the new range (see section 36 of The Regulations).

Where a reclassification involves an employee who is on probation, section 38 of The Regulations applies. In accordance with #7 Salary on Promotion, when a position is upward reclassified, a probationary employee will retain current salary, subject to the minimum/ maximum of the new regular salary range.

Where an employee receives an in-range progression salary adjustment or an economic adjustment on the same day as a reclassification, these increases are to be applied in the following order:

1. In-range adjustment
2. Promotion/demotion/transfer/reclassification
3. Economic adjustment

10. Salary on Temporary Reclassification
Section 8 of The Regulations provides for a position to be reclassified on a temporary basis where the duties and responsibilities of the position have changed on a non-permanent basis. Temporary reclassification differs from temporary substitution (also see #14 Salary on Temporary Substitution) in that the increased salary is considered base pay for all benefit plans and applies automatically to all paid time off. A temporary reclassification is recommended where an assignment is expected to last for an extended period of time.

• Where a permanent employee's position is reclassified upward on a temporary basis, the employee is eligible for the applicable promotion formula (see #7 Salary on Promotion);
• Although an employee may, from time to time, be assigned duties which would normally be remunerated at a lower rate of pay, there is no provision for a temporary downward reclassification. These situations are normally considered work assignments and there is no change to salary. It is important to note that the employee retains their right to the home assignment;
• An employee on a temporary reclassification who has received an in-range progression salary adjustment and who is subsequently appointed to another position or permanently reclassified is entitled to use the salary achieved through temporary reclassification plus the in-range adjustment as their base salary for purposes of calculating promotion formula (see section 36(5) of The Regulations).

Note: In-range progression on a temporary assignment is only provided where an employee has already reached the range maximum in their home assignment.

11. Salary on Appointment from Re-employment List
Where an employee, whose name has been on a re-employment list, is found to be qualified for a position in a classification having an equivalent or lower salary range, that employee may be re-appointed from the re-employment list pursuant to sections 14 or 43 of The Regulations.

On appointment, normal practice would be to provide a salary which is not less than that earned by the employee prior to leaving active service (subject to the current maximum of the salary range). In determining an appropriate salary, the following should be considered:

Considerations:

• Length of time employee has been away from employment;
• How current are the employee's skills;
• Have new skills been acquired while the employee has been on the re-employment list;
• How similar is the work the employee is being offered to that previously performed by the employee;
• What are salaries and qualifications of employees in similar jobs?

 
12. Salary on Promotion/Transfer between Compensation Plan
When an employee moves to a position in another compensation plan (e.g., In-scope to out-of-scope; out-of-scope to in-scope; Crown Counsel to MCP), the promotion provisions of the receiving plan govern.

Exception to the above, where there is a promotion from a bargaining unit to out-of-scope, an employee receives the promotion formula of 8% (for permanent employees), or may be provided an up-in-range salary greater than the promotional salary provides, subject to the salary range minimum and maximum of the new appointment.

Hours of Work Conversion
On movement from a bargaining unit into an out-of-scope plan (or from an out-of-scope plan into an in-scope plan), the first step is to determine whether the move constitutes a promotion. To make this determination, salaries must be converted to an hourly rate.

Salaries for out-of-scope employees are stated as a monthly or annual amount. Out-of-scope employees work undefined hours except for the management support group, which have defined hours of work (36-hour work week).  The following formulae are used to derive an hourly rate.

​a)	​MCP - Management Support Group:	​Monthly salary 156	​or	​Annual salary 1872
​b)	​MCP - Management:	​Monthly salary 165.333	​or	​Annual salary 1984
​c)	​Crown counsel and other Out-of-Scope refer to MCP above

The move is a promotion if the hourly range maximum of the new position exceeds the hourly range maximum of the "home" position.

In all cases, the promotion formula is subject to range maximum.

13. Payment of Non-Permanent Employees
Out-of-scope employees employed on a non-permanent basis, who work:

• full-time (undefined) hours, are to be paid through the exception reporting pay roll system (i.e., paid monthly and eligible for Scheduled Days Off (SDOs);
• less than full-time hours on an on-going basis (i.e., on a casual or part-time basis) are to be paid through the positive reporting payroll system (i.e., paid bi-weekly and not eligible for SDOs).

14. Salary on Temporary Substitution
Temporary Substitution is the term used to describe the assignment of higher level duties on a short-term basis.
Examples of reasons for Temporary Substitution are:

• While staffing a vacancy;
• Replacing during an illness;
• Replacing on an extended vacation;
• A temporary assignment of a project which warrants a classification above the employee's normal level.

Section 39 of The Regulations, provides for normal promotion formula (for permanent employees) to be applied where:

• An assignment is made for a period greater than 15 working days but less than two years (Management Support Group) are eligible if the assignment is 5 complete days or more); 
• Where the assignment, if made on a permanent basis, would warrant an upward reclassification (i.e., the employee must be handling a substantial portion of the higher level duties in order to qualify).
  

In order to be eligible for the higher rate, the employee must be performing the higher level duties. Therefore, time spent on vacation leave or SDOs is typically not eligible for the higher rate of pay (Incidental days during a period of long assignment may be paid at the higher rate).

Additional salary on Temporary Substitution is a supplementary earning and is not considered base pay for purposes of any benefit plans (including pension). Further, it is not considered base pay for purposes of promotion from the position. 

When it is known in advance that the period of temporary substitution is for an extended period of time, a temporary reclassification is recommended.

15. Designated Holidays
All permanent full-time out-of-scope employees are eligible for leave with pay for:

​New Year's Day	​Labour Day
​Family Day	​Thanksgiving Day
​Good Friday	​Remembrance Day
​Victoria Day	​Christmas Day
​Canada Day	​Boxing Day
​Saskatchewan Day	​
​One additional day as designated by the Chair

Every non-permanent employee is entitled to leave with pay or to payment at the appropriate rate for each of the days designated above. Non-permanent employees paid on an exception-based payroll system are provided leave with pay, while employees on a positive reporting based system are eligible to be paid an additional 5.4% of regular salary earned during the pay period.

Note: Section 2-32(3) of The Saskatchewan Employment Act provides that where any employee works on a public holiday, or another day designated by the employer for observance of the public holiday that employee is to be paid for the public holiday plus a rate that is 1.5 times the employee's regular rate of wages for the time worked.

16. Additional Pay for Extended Hours
Section 44 of The Regulations provides for the Commission to designate positions that are eligible for compensation for overtime work.

MCP - Management Support Group (MSG)
All out-of-scope employees in management support roles, including Executive Coordinators and Executive Administrative Assistants to permanent heads, work clerical (office) hours and are eligible for the same overtime rates as their counterparts in SGEU and/or CUPE 600. Like in-scope employees, they are eligible for overtime for hours worked outside of the normal daily hours (these vary depending on whether they work a 5/4 or 5/5 work pattern), or for hours worked on a weekend, a day-off, or a designated holiday. To be eligible for an overtime premium, hours of work must be assigned or formally authorized.

Overtime rates for MCP – Management Support Group (MSG) employees are:

1. Time and one-half for the first four hours and double time thereafter;
2. Double time for all hours worked on an assigned day of rest;
3. Time and one-half for all hours worked on a designated holiday up to the employee's normal hours and double time and one half for all hours worked in excess of the employee's normal hours.

Other Out-of-Scope
Out-of-scope employees, except for the Management Support Group, work undefined hours as necessary to accomplish the job assignment. On occasion, work demands necessitate extra hours, and there is a corresponding understanding that these employees may, from time to time balance personal needs when work pressures are less demanding.

A manager may authorize leave with pay, where excessive hours have been worked.

Additional compensation for exceptional hours is not provided to these out-of-scope employees in other than the most exceptional circumstances and must be authorized by the Chair.

Examples where additional remuneration might be authorized:

• Where managers were required to work an extended period as a result of job action related to collective bargaining;
• Working through a particularly difficult forest fire season;
• Where there is an on-going or regularly scheduled expectation to be available to work additional hours more than the regular work week.

Note: In past circumstances, a number of the extended hours were sometimes discounted, and the hours worked were not necessarily paid at other than a "straight time" rate. Such exceptional payments may require approval of Treasury Board.

17. Additional Pay for Stand-by Duties
Section 90 of The Regulations allows the Commission to authorize an employee to receive a stand-by differential for each eight-hour period, (or portion of an eight-hour period) that an employee is required to be on stand-by.

Stand-by is defined as a period during which an employee is not at work but is assigned to be on call and immediately available to return to work.

While any out-of-scope employee may, from time to time, be required to return to work, on reasonably short notice, the employer recognizes that these situations should be the exception, rather than the norm. (Recognition for excessive hours worked, may be provided as time off in lieu; see #16 above.)

Where there is an on-going requirement for an out-of-scope employee to be available for immediate return to work, the Commission may authorize additional pay. Current rates for stand-by are consistent with those provided through the SGEU collective bargaining agreement.

18. Shift Differential
Section 88 of The Regulations allows the Commission to authorize a shift differential for all hours worked between the hours of 6:00 p.m. and 7:00 a.m.

• Shift differentials typically apply to institutions operating 24 hours a day;
• A shift differential does not form part of regular salary and is not to be used in calculating overtime rates. 

19. Weekend Premium
Subsection 88.1(1) of The Regulations allows the Commission to authorize a weekend differential for all hours worked between 6:00 p.m. on a Friday and 7 a.m. on a following Monday.

20. Severance
There is no formula for severance payments made to out-of-scope employees. Rather, consideration of any potential liability, as well as the amount of severance, is based on common law principles. (Common law, in general, is a body of law that develops and derives through judicial decisions, as distinguished from legislative enactment.) At common law, an employer has an obligation to provide reasonable notice to an employee, taking into consideration the employee's age, years of service and level within the organization. As well, there may be other factors (e.g., health, personal, location, employability, inducement to the organization) which a court might take into consideration in settling a claim for damages.

• On job abolishment the government's practice is to provide out-of-scope employees with an offer of severance, (based on common law principles), that is fair and equitable.
• There may be situations, other than job abolishment, where the employer is liable for severance. In all cases, legal counsel determines, based on the facts provided, whether severance will be paid;
• In addition to the severance amount employees may be eligible for $5000 in Career Assistance. Career Assistance is available immediately upon notice of termination being provided;
• Severance payments are made pursuant to The Public Service Act, 1998, and The Proceedings Against the Crown Act.

The severance process, for out-of-scope employees, is jointly administered by Total Rewards, PSC and Civil Law, Ministry of Justice and Attorney General. First contact, in all cases where a liability for severance may exist, is to the Human Resources Business Partner Team, who will engage with Total Rewards, PSC.

21. Other
There are a number of areas related to out-of-scope compensation which are covered, either in separate policy or where the appropriate section of The Regulations is fully explanatory.

These items are:

​1. Northern District Allowance	Section 85 - The Public Service Regulations, 1999
​2. Remuneration for Professional Fees	​Section 89 - The Public Service Regulations, 1999
​3. Salary on Reallocation	​Section 37 - The Public Service Regulations, 1999
​4. Salary on reversion on failure of probationary period	​Section 26 - The Public Service Regulations, 1999
​5. Vacation Leave	​Section 48 - 60  - The Public Service Regulations, 1999; Section 701-1 Human Resource Manual; Finance and Admin Manual
​6. Sick Leave	​Section 61-66  - The Public Service Regulations, 1999
​7. Insured Benefit Plans	​Public Employe Benefits Agency (PEBA) web site; Benefit brochures
​8. Worker's Compensation	​Section 77 - The Public Service Regulations, 1999; Section 705 Human Resource Manual
​9. Variable hours of Work	​Section 709 Human Resource Manual
​10. Car Allowances for Senior Officials	​Section 602-1 Human Resource Manual
​11. Relocation Allowance	​Section 87 - The Public Service Regulations, 1999; Section 706 Human Resource Manual
12. Scheduled Days Off (SDO)	​Section 1203 Human Resource Manual
13. Out-of-Scope Performance Management Ratings and Administration Guidelines	​Section 1202 Human Resource Manual

Authority
The Public Service Act, 1998
The Public Service Regulations, 1999

Policy Inquiries

All policy inquiries are to be directed to the Human Resource Service Centre. 

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Section 1202: Out-of-Scope Performance Management Ratings and Administration Guidelines

Revision Date: 03/18/2022

Purpose

To provide information related to the performance management rating process for the Management Classification and Compensation Plan (MCP) and other out-of-scope employees as well as communicate the performance rating distribution and employee eligibility requirements for the current performance year (April 1 to March 31).

Policy Statement

Performance management is about achieving and sustaining an effective organization.

Performance management is an integral part of the Government of Saskatchewan's strategic planning process that engages all employees, managers and executives to align their efforts towards achieving their organization's goals.

Year-end Performance Assessment

The year-end performance evaluation and rating process allows for reflection on achievements and shortfalls over the past performance year. Based on this information, the manager submits a proposed performance rating for the employee to the ministry executive for discussion and review for ministry consistency and alignment with distribution norms. 

Performance Rating Categories

Each ministry's permanent head is responsible for ensuring equity of application across their division with respect to the performance assessment and ensuring that the ratings submitted are in accordance with the criteria and eligibility guidelines provided by the Public Service Commission.

Performance Rating - Planning for Success	Description
1.       Does Not Meet Requirements	Performance does not meet requirements and timely significant improvement is required.
2.       Meets Some Requirements	Some results were achieved but not all. Gaps with expectations have been identified in the performance assessment. Follow-up is required more frequently than should be the case.
2.       Developing  (6 to 12 months in new assignment)	Employee recently hired into a position (6 to 12 months) but has not had the time to gain the experience or expertise.
3.       Fully Achieves Expectations	Results, quality of work and contribution to a positive work environment were fully achieved.
4.       Exceeds Expectations	Results, quality of work, and contribution to a positive work environment exceeded expectations in most cases.
5.       Outstanding	Results, quality of work, and contribution to a positive work environment, exceeded expectations in all cases.  Influence and contribution extended to the organization as a whole.

In circumstances where an employee transfers from one ministry or division to another mid‑year, the employee's manager at the end of the fiscal year is responsible to ensure a performance rating is provided.  If the employee has been in the new position for less than six months, collaboration and communication between ministries will be required to determine a rating. However, there should be only one rating provided per employee.

Normative Distribution

Each ministry's performance rating distribution is expected to be within the guidelines established for 2021‑2022, which are based on the normative distribution established by the Conference Board of Canada (published by the Conference Board of Canada every second year).

	Performance Rating ​ ​ ​ ​
​Year	​1 Does not Meet Requirements	​2 Meets Some Requirements; Developing	​3 Fully Achieves Expectations	​4 Exceeds Expectations	​5 Outstanding
PS 2016-2017	0.3%	6.2%	66.1%	23.5%	3.9%
PS 2017-2018	0.0%	6.1%	65.7%	24.3%	3.8%
PS 2018-2019	0.2%	8.2%	65.4%	23.5%	2.8%
​PS 2019-2020	​0.1%	​5.7%	​66.1%	​24.6%	​3.4%
​PS 2020-2021	​0.1%	​4.4%	​66.7%	​25.5%	​3.3%
2019 Conference Board of Canada	2%	7%	60%	26%	5%
​Guidelines for 2021-2022	​0 - 2%	​2% - 10%	​60% - 75%	​15% - 28%	​2% - 5%
	Combined: max of 10% ​			Combined: max of 30% ​

Performance Rating Process

1. The rating spreadsheets will be sent directly to the Deputy Minister's Office (DMO) by Total Rewards, Compensation (cc: to Executive Director, Human Resource Business Partner Team (ED HRBPT)).
2. Ministries collect performance ratings from supervisors and managers and may perform internal calibration meetings to ensure consistency of rating application.
3. The DMO provides the final rating spreadsheet to the ED, HRBPT, for discussion at their calibration meeting. Performance rating distribution is expected to be within the normative distribution guidelines established by the Conference Board of Canada. Note: The process may vary slightly for agency (and other) clients where the ED, HRBPT, does not participate in calibration meetings with the client to discuss employee ratings and distributions.
4. The ED, HRBPT, will send the completed spreadsheet (cc: DMO) to Total Rewards, Compensation via email to compensation@gov.sk.ca.
5. Total Rewards, Compensation, reviews the submitted spreadsheets for completion and ensures that the ratings provided are in accordance with the criteria set by the commission. Once reviewed, Total Rewards, Compensation, will provide this approval directly to the ED, HRBPT, to communicate with the client. 
6. Performance rating is communicated to the employee. Communication of the ratings with the employee should not take place until the final approved spreadsheet has been received back from Total Rewards, Compensation.
   

Employee Eligibility

The following guidelines provide information on determining an employee's eligibility to receive a performance rating using the Government of Saskatchewan's Planning for Success performance management system. This policy applies to eligible permanent and non-permanent employees as well as employees who are on secondment to another ministry/agency/employer.

    1. General Eligibility

To be eligible for a performance rating, employees must have worked for the Government of Saskatchewan for a minimum of six months in the performance year (April 1 to March 31) in any out-of-scope position (i.e., MCP or other out-of-scope position).

The guideline for the "Developing" category is used for employees who are new to out-of-scope and have worked 6 to 12 months in an out-of-scope role by the end of the performance year (March 31).

    2. Leaves of Absences

To be eligible for a performance rating, employees who have previously completed a minimum of six months in an out-of-scope position, and have commenced a leave of absence, must work a minimum of three months during the year in which performance is being evaluated.  Note: An employee must work an adequate amount of time during the performance year in order to have their performance evaluated and assessed.

Out-of-scope employees who were on definite leave of absence for the entire performance review period are not eligible for a performance rating. 

In-scope employees on a leave of absence to work in a non-permanent out-of-scope position must have worked a minimum of six months in the out-of-scope position during the performance year in order to be eligible for a performance rating. 

     3. Temporary Reclassification (in-scope to out-of-scope)

In-scope employees temporarily reclassified (TR) to out-of-scope are not eligible for a performance rating. A unionized employee temporarily assigned out-of-scope duties continues to occupy the in‑scope position and retain all rights of their respective collective agreement. 

Performance Calibration Meetings

Performance calibration is an important part of the employee performance management process. Performance calibration discussions help ensure alignment to the normative distribution guidelines, consistent application of ratings within a ministry, and to differentiate performance. Taking time for performance calibration helps ensure the accountability and effectiveness of the performance management process. It is important to set aside adequate time for the calibration process to occur to meet the established timelines for rating submission.

Employee Changes Position Mid-Year

When an employee changes assignments mid-fiscal year (April 1 to March 31), and the employee has been in the new positon for less than six months, collaboration and communication between ministries will be required to determine the employee's rating.

• The employee will appear on the active ministry/agency spreadsheet, therefore, the clients will need to collaborate to determine a fair evaluation of the employee's performance that is inclusive of the performance year being assessed.
• Only one rating per employee is to be provided on the spreadsheet. The rating goes on the spreadsheet for the ministry/agency where the employee holds an active assignment.
• The active ministry/agency will communicate with the employee (hold conversations, provide letter).

Approval of Ministry Performance Ratings

Individual ministry performance ratings represent a recommendation to the Public Service Commission and are subject to approval. It is expected that each ministry's performance rating distribution is within the established Conference Board of Canada normative distribution.

Note: There may be some deviation from the norms allowed for smaller organizations.

Assistance

For questions related to performance rating spreadsheets, policy guidelines, or employee eligibility contact compensation@gov.sk.ca. If you require support with the performance management rating and calibration process contact your Human Resources Business Partner. 

Authority

Section 40(1) of The Public Service Regulations, 1999

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Section 1203: Carryover and Payout Provisions - Vacation Leave, Scheduled Days Off (SDOs) and Earned Days Off (EDOs)

Date issued: 01/02/2009
Revision date: 19/12/2022

Purpose

To outline paid time off leave credits and provisions for carryover and payouts for out-of-scope employees.

Policy

Annual leave is important to employee wellness, productivity and maintenance of a healthy work/life balance.

The employer:

• Encourages the scheduling of work assignments to enable employees, to the extent possible, to take vacation leave, SDOs and banked EDOs in the period of their choice;
• Encourages employees to use paid leave during the fiscal year in which it is earned;
• Expects managers to promote active use of full annual leave credits by establishing plans with their staff;
• May direct employees to use paid leave in excess of allowable carryover provisions;
• May direct the payout of previous year's accumulations and determine the amount to be paid out in the absence of an employee request for payout; and
• Will pay out accumulation of vacation leave and SDOs or banked EDOs beyond the established carryover thresholds.

Approvals Required

Permanent head or designate approves:

• The scheduling of vacation leave, SDOs and banked EDOs prior to commencing leave;
• Carryover requests; and
• Payout requests.

Principles

• Provides out-of-scope employees with the opportunity for revitalization through the taking of paid leave and access to carryover and payout options;
• Provides operational flexibility in recognition that there will be times when full leave credits may not be able to be taken;
• Provides a fiscally responsible approach to carryover accumulation and payout.

Vacation Leave

The annual fiscal year allocation for vacation leave is as follows:

​Years of Service	​Vacation Leave Allocation
​Up to 8	​3 weeks
​8 to 14	​4 weeks
​15 to 22	​5 weeks
​22 or more	​6 weeks

Note: Employees who complete one year of service and who work in the Northern Saskatchewan Administrative District are eligible for one extra week of vacation (Special Northern Leave).

Note: Employees will be eligible for vacation leave credits based on eligible service as outlined in The Public Service Regulations, 1999, section 47.1 (see Appendix A).

SDO Leave Credits

Permanent and non-permanent employees who work undefined hours on-  a full-time basis are eligible for 12 SDOs per fiscal year.

Permanent employees who work undefined hours on a variable hours basis are eligible for SDOs on a pro-rated basis.

Non-permanent employees who work less than full-time hours and who are paid bi-weekly based on hours worked do not receive SDOs. The hourly rate includes compensation for SDOs.

Employees who work defined hours (i.e., administrative support who work a 36-hour week) are eligible for 26 unpaid EDOs per year and are not eligible for SDOs. Employees who are provided EDOs are allowed to bank a maximum of five (5) EDOs per fiscal year.

Carryover Provisions

Employees are encouraged to use their full paid time off credits earned and accumulated each year, including vacation leave, SDOs, EDOs and time in lieu.

The allowable maximum carryover limit combined is 15 days and includes all paid time off leave credits.

In the event of prolonged illness, a permanent head may approve exceptions to the carryover limit. The Human Resource Service Centre (HRSC) must receive the approval on or before April 15 to prevent automatic payout of the carryover in excess of the maximum allowable limit (see Payout of Carryover section below).

Payout of Carryover

At any time, permanent heads may authorize an employee's request for a payout of vacation leave, SDOs, or banked EDOs carried over from the previous fiscal year (minium of ten (10) days per request or payout of total carryover balance if less than ten (10) days). Please see attached form.
Carryover in excess of maximum allowable limits (see Carryover Provisions section above) will be paid out automatically in the first quarter of the new fiscal year.

Payout Upon Retirement

Payout of Carryover
Effective April 1, 2017, retiring employees are to be paid out any unused leave credits (vacation leave, SDO, EDO, and time in lieu) and the carryover balance of all leave credits accumulated to the date of retirement.

Payout of Vacation Leave on Retirement
Effective April 1, 2017, to comply with section 56 of The Public Service Regulations, 1999, employees leaving the public service on retirement with 35 or more years of service are to receive pay in lieu for any unused portion of their full vacation leave allocation for the year of retirement.

Application

All non-unionized employees appointed under The Public Service Act, 1998.

Authority

The Public Service Regulations, 1999, sections 47.1 and 56
The Saskatchewan Employment Act, section 2-27(2).

Inquiries

For inquiries, please contact the Human Resource Service Centre.

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Section 1204: Phased-In Retirement Guidelines for Out-of-Scope Employees

Date issued: 26/06/2003
Revision date: 01/10/2013

Purpose

To provide management with a framework for the use of existing employment/retirement mechanisms to:

1) Enhance retention of selected out-of-scope employees nearing retirement who desire a period of time to adjust their work patterns, finances and lifestyle, in circumstances where:

a) An occupation is in short supply;

b) it is in the employer's interest to delay full time retirement to retain corporate memory and/or provide greater time for development of replacement expertise;

c) it is deemed, for other reasons, to be in the employer's interest to do so.

2) Use post-retirement employment in similar circumstances.

Definition

Phased-in retirement involves some form of less than full-time employment with or without partial or full income from pension.

Guidelines

The employer will give consideration and may, at its discretion, provide approval for the use of existing employment/retirement mechanisms [eg., definite leave of absence, reduced hours of work, less than full-time employment, public sector pension plans (PSSP and PEPP)] as follows:

a) On a pre-retirement basis:
- Reduction of hours worked on a daily, weekly, monthly or annual basis;
- After age 50 and within five years of the anticipated date of retirement; and

b) Rehiring on a post-retirement basis (excluding those individuals who had accepted an early retirement benefit).

Approvals would be subject to operational requirements and restricted to the following circumstances:

• The position is out-of-scope;
• Where the occupation is in short supply; or
• Where it is in the employer's interest to delay full time retirement to retain corporate memory and/or provide greater time for development of replacement expertise; or
• Where for other reasons, subject to the approval of the Chair, Public Service Commission, it is determined to be in the employer's interest.

The employer cannot commit, in advance of retirement, to post-retirement employment, nor provide financial counsel to employees.
Where a retired individual who is in receipt of pension benefits under The Public Service Superannuation Act (old plan) is appointed post retirement, the ministry appointing that individual must advise the Public Service Superannuation Board, in writing, on the date of that appointment.

Out-of-scope participation in PEPP is mandatory. As federal pension legislation prohibits contribution to a pension plan beyond age 69, pension contributions by both the employer and the employee shall cease when the employee turns 69.

Authorities

Definite Leaves of Absence:
Public Service Regulations, Section 67(1)
Reduced Hours of Work:
Human Resource Manual, Policy 709 (Out-of-scope)
Staffing Provisions:
Public Service Regulations, Part III, Division 3 
Pension Provisions:
The Public Employees Pension Plan Act
The Public Service Superannuation Act
The Superannuation (Supplementary Provisions) Act
Public Service Regulations, Section 92
Other:
The Freedom of Information and Protection of Privacy Act

Appendices

Appendix A: Options and Primary Pension Implications
Appendix B: Summary of Benefit Implications - Selected Benefits O/S
Appendix C: Summary of Specific Employment and Pension Plan Information Relating to Phased-In Retirement 

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Section 1205: Out-of-Scope Employees Flexible Benefit Account Program

Revision date: 19/12/2022

Purpose

To promote the physical fitness of out-of-scope employees of Executive Government by encouraging physical activities that have been shown to improve wellness, contribute to reduced absenteeism and reduce the cost of health benefits.

To encourage long-term financial planning through financial advice and/or enhanced retirement savings.

To enhance youth recruitment and retention, through reduction of student loan costs and encouraging family wellness.

Amount of Benefit

Out-of-scope employees are eligible for a flexible benefit in the following amount per full-time employee per fiscal year:
2020/2021=$844
2021/2022=$861
2022/2023=$878
2023/2024=$878

The flexible benefit amount is adjusted annually by the general wage increase on a non-retroactive basis.

Eligibility

Full-time employees (permanent full-time, probationary, employees on variable hours and term)
Full-time employees will become eligible for the full amount of the flexible benefit in the fiscal year in which they complete six months of service.

Less than full-time employees (part-time employees)
Less than full-time employees on staff April 1 and who have completed six months of service will be eligible for a prorated portion of the flexible benefit based on their time worked in the previous fiscal year.

For example, a part-time employee who worked 60% in the previous fiscal year would receive 60% of the benefits.

Less than full-time employees who become eligible after April 1 will receive a prorated portion of the flexible benefit after completion of six months of service, based on the previous six months of service. For example, a part-time employee or employee hired May 1 working 60% would receive 60% of the benefit following completion of the waiting period.

Eligible employees who change employment status from less than full-time to full-time will be eligible for 100% of the flexible benefit in the fiscal year that they become full-time.

Employees who take a Definite Leave of Absence
Employees who take a definite leave of absence of six months or less in the fiscal year will be eligible for the full amount of the flexible benefit in that fiscal year.

Employees who take a definite leave of absence of greater than six months in the fiscal year will be eligible for a prorated portion of the flexible benefit (allocated benefit dollars reduced by 1/12th for each full calendar month not worked) in that fiscal year. For example, an employee who takes a definite leave of absence for eight months starting May 3 and returning January 3 would be eligible for 5/12ths of the flexible benefit because they would have worked all of April, part of May and January, all of February, and all of March.

Employees not eligible
If the employee does not complete the six months of service in that fiscal year, no benefit will be provided to the employee for that fiscal year; i.e. employees hired after October 1 will not be eligible for a benefit in that fiscal year.

In-scope employees and in-scope employees on temporary reclassification or TAHD to an out-of-scope assignment  are not eligible.

Enrollment

All employees will be required to complete an enrollment form in order to be eligible for the flexible benefit account. Employees who do not complete an enrollment form will not be eligible to access the flexible benefit account until the form is completed and submitted. If the enrollment form is not completed by February 28 of the fiscal year, the benefit is lost for that fiscal year. Please note that an enrollment form is only required once, not each year.

Application

The flexible benefit will be administered as a reimbursement (receipts required) to offset the costs associated with:

• Activities that promote physical fitness, strength, mobility and/or balance (fees and/or eligible equipment);
• Fitness counselling;
• Financial advice;
• Payment of student loans;
• Registered Retirement Savings Plan (RRSP).

Guideline: Registration fees for programs contributing to fitness must be for a minimum of six weeks of duration.

Employees are eligible to claim reimbursement for fees for themselves or for fees associated with family membership or family registration.

The flexible benefit can also be directed as a voluntary contribution to PEPP at any time in the fiscal year.

Funds allocated to PEPP will not be matched by the employer.

Employees are responsible to ensure that their personal RRSP contribution and PEPP contributions do not exceed the maximum contribution limits in a calendar year.

Unused amounts of the flexible benefit less than $10 will be forfeited; unused amounts as of February 28 each year are to be authorized by the employee to be directed to PEPP as part of the enrollment process.

Employees who terminate prior to March 31 of a fiscal year will have their allocated benefit dollars reduced by 1/12th for each full calendar month not worked. For example, if an employee terminates January 14, their allocated benefit dollars would be reduced by 2/12ths due to the fact they would have two full calendar months not worked in that fiscal year. Any amount owed to the employer will be deducted from their final pay cheque; unused amounts will be paid out.

Submission of Claims 

It is intended that claims made under this program be at arms-length from other public servants and/or family members. No claims should be filed seeking reimbursement based on receipts issued by another public servant, his or her immediate family member nor the employee’s immediate family member. Claims must be made on the prescribed form, accompanied by an itemized receipt. 

Employees may submit receipts dating back to April 1 in the year in which they become eligible, but not prior to their date of employment.

To offset the cost of a student loan or contribution to an RRSP, a receipt showing the payment must be attached to the claim form and specific direction provided as to the amount of money to be reimbursed.

To direct funds to PEPP, a claim form is to be completed and the section specifically identified for the PEPP contribution must be completed.
Employees are encouraged to accumulate and submit claims when the total reaches $100.00 or more.

A receipt for an item may only be submitted once. For example, if you purchase a $2000 item, you cannot claim a portion this year and the remainder the next year for the same item.

All claims for reimbursement for the fiscal year must be received by February 28 as no claims will be accepted between March 1 and March 31. All unused flexible benefit amounts greater than $10 as of March 1 will be directed to PEPP. 

Employees who become eligible for the flexible benefit in March will have the full amount that they are eligible for in that fiscal year ending March 31 directed to PEPP.

Interpretation

PSC Total Rewards, Compensation Branch provides interpretation of employee and claim eligibility as well as guidelines on application of the flexible benefit program.

Other

Note: Claims will be taxable and will be reflected on your T4.

Reimbursement for an RRSP or for financial planning related to retirement, for example, will be taxed at source. However, you will be able to claim this as a deduction on your personal tax return. For payments to PEPP, the flexible benefit payment will be processed at the same time as the voluntary contribution; therefore, there will be no impact on the income tax owing.

Resources and Tools

Forms

• Flexible Benefit Enrollment Form
• Flexible Benefit Claim Form

Frequently Asked Questions and Answers (FAQ)

• Flexible Benefit FAQ

Flexible and Ineligible Items

• Flexible Benefit Examples of Eligible and Ineligible Items

Authority

The Public Service Regulation, 1999

Policy Inquiries

If you have any questions about the policy, benefits or eligibility, please contact the Human Resource Service Centre at 306-798-0000 or 1-877-852-5808 or by email at HRSC@gov.sk.ca.

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