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1. Terms and definitions

The following words and phrases used in this section have the same meaning as the ones in the Glossary of terms and definitions found under the Compensation and Pay Administration heading. In order to ensure consistency and accuracy in terminology, the user may click on any of these terms for the definition.

acting appointment (nomination intrimaire)

acting assignment (affectation intrimaire)'

acting pay (rmunration d'intrim)

Buchmann decision (dcision Buchmann)

casual employee (employ occasionnel)

casual status (situation d'employ occasionnel)

certificate of appointment (certificat de nomination)

compensation days (journes de rmunration)

executive(cadre de direction)

higher classification level (niveau de classification suprieur)

higher level (niveau suprieur)

Lajoie decision (dcision Lajoie)

lowest classification level (niveau de classification infrieur)

lower level (niveau infrieur)

non-salary terms and conditions (conditions d'emploi non salariales)

qualifying period (priode d'admissibilit)

retroactive period (priode de rtroactivit)

working days (journes de travail)

2. Procedures

The following procedures are based on the Acting assignment policy contained in Sections 46-48 of the Public Service Terms and Conditions of Employment Regulations(PSTCER) and the Salary Administration Policy for the Executive Group.

Acting pay is the rate of pay the employee would be paid while on an acting assignment.

An acting assignment is a situation where an employee is required to temporarily perform the duties of a higher classification level for at least the qualifying period specified in the collective agreement, pay plan or the terms and conditions of employment, which is applicable to the employee's substantive level.

During an acting assignment, the employee is subject to the terms and conditions, applicable to the higher classification level.

Once the qualifying period has been completed, the acting pay shall be paid from the date the employee commenced the acting assignment.

An acting assignment should not commence on a designated paid holiday or terminate the day following a designated paid holiday, unless the employee is actually required to perform the duties of the higher position on the designated paid holiday.

Note 1: An acting assignment can terminate on a designated paid holiday.

Note 2: An employee receiving acting pay as the result of an assignment to perform duties of a position in the Executive Group shall remain subject to the non-salary terms and conditions of the substantive level.

History

Acting premium: Entitlement code 238

The acting premium was paid from September 1, 1986, to April 30, 1989, inclusive. Persons paid an acting premium continued to occupy their substantive position. Their benefits were based on the substantive position.

3. Qualifying period (PSTCER 46.(A) and the Salary Administration Policy for the Executive Group)

A minimum temporary period in the higher classification is required to qualify for acting pay. The qualifying period is that period indicated in the relevant collective agreement, pay plan or terms and conditions of employment for the employee's substantive position.

Generally, when a day designated as a paid holiday occurs during the qualifying period, the holiday is considered as a day worked for the purposes of the qualifying period.

Note: Unless otherwise specified in the relevant authority, the qualifying period for a part-time employee is not prorated. The qualifying period is not a benefit but a condition to meet in order to be entitled to the benefit of acting pay.

History

Legal holidays and leave of absence were not considered as a day worked for the purpose of the qualifying period, unless the relevant collective agreement or terms and conditions of employment provided otherwise.

Such leave did not break the qualifying period but merely extended it.

Example 1: Designated paid holiday during the qualifying period

An employee whose substantive position as a SI-02 is required to temporarily perform duties on an acting basis of a higher classification level as an AS-04 from August 29, 2003, to September 3, 2003, inclusive.

The qualifying period of the substantive position of four (4) consecutive working days or shifts is met, and the employee is paid acting pay.

Note: Monday, September 1, 2003, is a designated paid holiday and is considered as a day worked for the purposes of the qualifying period.

Example 2: Normal qualifying period

An employee occupying a substantive PM-03 position is required to temporarily perform the duties on an acting basis of a higher classification level as a SI-03 from December 22, 2003 to December 24, 2003, inclusive.

The qualifying period of the substantive position of three (3) consecutive working days or shifts is met, and the employee is paid acting pay.

Example 3: Starting of acting pay on a designated paid holiday

An employee occupying a substantive PM-03 position is required to temporarily perform the duties on an acting basis of a higher classification level as a SI-03 from September 1, 2003 to November 28, 2003, inclusive.

The qualifying period of the substantive position of three (3) consecutive working days or shifts is met. The acting assignment should not commence on Monday, September 1, 2003, the designated paid holiday unless the employee is required to work on that day.

The acting assignment terminates Friday, November 28, 2003, and the employee reverts to the basic pay of the PM-03 position, which is effective on Saturday, November 29, 2003.

Example 4: Ending acting pay on a designated paid holiday

An employee occupying a substantive PM-03 position is required to temporarily perform the duties on an acting basis of a higher classification level as a SI-03 from November 17, 2003 to December 26, 2003, inclusive.

The qualifying period of the substantive position of three (3) consecutive working days or shifts is met, and the employee is paid acting pay.

Unless the employee is required to perform the duties of the SI position on the designated paid holidays from December 25, 2003, to December 26, 2003, the acting assignment should not terminate on Friday, December 26, 2003. Instead, the acting assignment should end on Wednesday, December 24, 2003.

Example 5: Qualifying period for a part-time employee

An AS part-time employee works 18.75 hours per week, which is 50% of the standard work week of regular full-time employees.

The qualifying period for acting pay is three (3) consecutive working days or shifts.

The employee must work three (3) consecutive working days based on the part-time AWW to be eligible to receive acting pay.

Example 6: Qualifying period for an employee working a variable work week

An AS employee works a variable work week of 8.33 hours per day for nine (9) days in a two (2) week period.

As per Article 25.27 (g) of the PA collective agreement, the qualifying period for acting pay of three (3) consecutive working days or shifts shall be converted to hours.

The employee must work 22.50 consecutive hours to be eligible to receive acting pay.

Example 7: Acting in an EX position

An employee occupying a substantive AS-08 position is required to temporarily perform the duties on an acting basis of a higher classification level as an EX-01 for the period of September 9, 2002 to October 4, 2002, inclusive.

The qualifying period of the substantive position of three (3) consecutive working days or shifts is met, and the employee is paid acting pay.

Note: Section 46 (acting pay) of the Public Service Terms and Condition of Employment Regulations does not apply to members of the EX Group. However, they continue to apply to employees in other occupational groups and levels who temporarily perform the duties of a position in the EX Group.

Example 8: An EX employee acting in another EX position

An employee occupying a substantive EX-01 position is required to temporarily perform the duties on an acting basis of a higher classification level as an EX-02 from September 9, 2002, to October 4, 2002, inclusive.

Acting pay will apply after a person has performed all or a significant part of the duties of a higher classification level position for a period of three (3) months.

The qualifying or vestibule period of a minimum of three (3) months has not been meet, therefore, the employee in not entitled to acting pay.

Note: Section 46 (acting pay) of the Public Service Terms and Condition of Employment Regulations does not apply to members of the EX Group. The qualifying or vestibule period is a minimum of three (3) months.

4. Rate of pay (PSTCER 46.(B))

The acting rate of pay is established by applying the promotion or deployment or transfer by appointment rules, as applicable. Refer to the Promotion module or the Deployment or transfer by appointment module for more information.

Example 1: Promotion rule (PSTCER 24)

A full-time employee occupying a GT-02 position who is earning $37,919 (minimum) is required to perform the duties on an acting basis of a higher classification level as an AS-02 from January 20, 2003, to March 28, 2003, inclusive. The employee's certificate of appointment is dated on January 24, 2003.

GT-02: Subject to a collective agreement signed on November 19, 2001.

Effective June 22, 2002

37,919

39,018

40,116

41,214

42,862

AS-02: Subject to a collective agreement signed on November 19, 2001.

Effective June 21, 2002

Lowest pay increment

43,863

45,529

47,260

1,666

Calculation
  • GT-02 rate of pay is effective on January 20, 2003

$37,919 (minimum)

  • Difference between the maximums (AS-02 and GT-02)

$4,398 ($47,260 - $42,862)

  • Since the difference between the maximums is $4,398, which is greater than the lowest pay increment of $1,666 of the AS-02, the acting assignment is based on the promotion rule. The employee's acting rate of pay is determined by adding the lowest pay increment of the AS-02 to the GT-02 salary. The employee is paid $43,863, which is the rate of pay nearest to but not less than $39,585.

$43,863 (minimum)

($37,919 + $1,666 = $39,585)

The employee's acting salary, which is effective on January 20, 2003, is $43,863, the minimum of the AS-02 salary scale.

Example 2: Promotion rule (PSTCER 24) - Hourly rate of pay to an annual salary

A full-time employee in a GS-STS-03 position in pay zone 1 who is earning $17.06 an hour is required to perform the duties on an acting basis of a higher classification level as a CR-04 from April 14, 2003, to April 25, 2003, inclusive. The employee's certificate of appointment is dated on March 20, 2003.

GS-STS-03: Pay zone 1: A scheduled work week (SWW) of 40 hours a week. Subject to a collective agreement signed on November 19, 2001.

Zone 1

British Columbia, Yukon, Nunavut and Northwest Territories

Effective August 5, 2002

ZONE

1

2

3

17.06

15.58

15.50

CR-04: A scheduled work week (SWW) of 37.50 hours per week. Subject to a collective agreement signed on November 19, 2001.

Effective June 21, 2002

Lowest pay increment

36,454

37,421

38,387

39,349

962

Before applying the promotion rule, the hourly rate of pay of the GS-STS-03 in pay zone 1 must be converted to an equivalent annual rate of pay.

The formula is as follows:

52.176 weeks x scheduled work week (SWW) x hourly rate of pay

Using the above formula, the equivalent annual salary for the GS-STS-03 in pay zone 1 is $35,604.90 (52.176 weeks x 40 hours per week x $17.06 hourly rate).

This annual rate of pay is regarded as a maximum when applying the promotion rule to determine the annual rate in the new classification.

Calculation
  • GS-STS-03 in pay zone 1 annual rate of pay is effective on April 14, 2003

$35,604.90

  • Difference between the maximums (CR-04 and GS-STS-03)

$3,744.10 ($39,349 - $35,604.90)

  • Since the difference between the maximums is $3,744.10, which is greater than the lowest pay increment of $962 of the represented CR-04, the acting assignment is based on the promotion rule. The employee's acting rate of pay is determined by adding the lowest pay increment of the CR-04 to the GS-STS-03 salary, which is the rate of pay nearest to but not less than $36,566.90.

$37,421 (2nd step)

($35,604.90 + $962 = $36,566.90)

The employee's acting salary, which is effective on April 14, 2003, is $37,421, which is the 2nd step of the CR-04 salary scale.

Note: When performing calculations where there is a difference in the authorized salary, convert the salaries to the basis of the new group and level prior to the calculation.

Example 3: Deployment or transfer by appointment rule (PSTCER 26)

A full-time employee occupying a ST-SCY-03 position who is earning $36,711which is the 2nd step of the salary scale is required to perform the duties on an acting basis of a higher classification level as a CR-04 from April 14, 2003, to June 6, 2003, inclusive. The employee's certificate of appointment is dated on March 20, 2003.

ST-SCY-03: Subject to a collective agreement signed on November 19, 2001.

Effective June 21, 2002

35,689

36,711

37,747

38,764

CR-04: Subject to a collective agreement signed on November 19, 2001.

Effective June 21, 2002

Lowest pay increment

36,454

37,421

38,387

39,349

962

Calculation
  • ST-SCY-03 rate of pay is effective on April 14, 2003

$36,711 (2nd step)

  • Difference between the maximums (CR-04 and ST-SCY-03)

$585 ($39,349 - $38,764)

  • Since the difference between the maximums is $585, which is less than the lowest pay increment of $962 of the CR-04, the acting assignment is based on the deployment or transfer by appointment rule. The employee is paid $37,421, which is the rate of pay nearest to but not less than the rate received previously.

$37,421 (2nd step)

The employee's acting salary on appointment, which is effective on April 14, 2003, is $37,421, the 2nd step of the CR-04 salary scale.

5. Acting pay for the Executive Group (Salary Administration Policy for the Executive Group)

The policy objective is to compensate employees who are required, for a substantial period of time, to perform all or a significant part of the duties of an executive position classified at a higher level in the EX Group.

This policy applies to all departments and other portions of the Public Service listed in Schedule I, Part I, of the Public Service Staff Relations Act (PSSRA), with some exceptions.

Please refer to the Salary Administration Policy for the Executive Group for more information.

5.1 From another occupational group

Non-executive employees who temporarily perform the duties of a position in the EX Group remain subject to the collective agreement or the terms and conditions of employment governing their substantive position classification in terms of the eligibility and qualifying period for acting pay. Their acting pay shall be determined in accordance with Section 46 of the Public Service Terms and Conditions of Employment Regulations (PSTCER).

Notwithstanding the determination of acting pay in accordance with Section 46 of the PSTCER, the following restrictions apply:

  • When an employee from another occupational group who accepts a temporary assignment to an EX Group position may receive a temporary salary increase up to five per cent (5%) of the job rate of the EX Group level, when that job rate exceeds the job rate for the substantive level;
  • When five per cent (5%) of the EX level job rate does not bring the employee's acting salary to the range minimum, the employee must be paid at the range minimum; and
  • When the five per cent (5%) formula produces a salary higher than the job rate, the acting salary must be limited to the job rate.

There will be no lump sum payment for any amount that surpasses the job rate.

Note: In the interests of ensuring consistency across the Public Service, departments should round all salary calculations to the nearest multiple of $100.

Example: Non-executive employee acting in an EX position

An employee occupying a substantive AS-08 excluded position who is earning $85,000 per annum is required to temporarily perform the duties on an acting basis of a higher classification level as an EX-01 from September 9, 2002 to October 4, 2002, inclusive. The employee's certificate of appointment is dated on August 20, 2002.

The employee remains subject to the non-pay terms and conditions of employment that govern the substantive level position as an AS-08.

AS-08: Rates of pay not authorized by a collective agreement. A letter of authorization is dated on January 15, 2002.

C

Effective June 21, 2002

C

74,227

to

87,370

EX-01 : BUD Code 10200

C

Effective April 1, 2002

Minimum

Job rate

5% of maximum

84,700

99,700

4,985.00

Calculation
  • Excluded AS-08 rate of pay is effective on September 9, 2002

$85,000

  • Since appointments to the EX Group from other Public Service occupational groups are considered to be promotions, the employee is entitled to a five per cent (5%) increase in salary of the job rate of the new level of the appointment, or at least the minimum of the new salary range. The nearest multiple of $100. is $90,000. The employee is paid $90,000.

$89,985

($85,000 + $4,985 = $89,985) the nearest multiple of $100. is $90,000

The employee's acting salary, which is effective on September 9, 2002, is $90,000, within the EX-01 salary scale.

Note: If the employee is required to work beyond normal working hours, the employee is not entitled to be remunerated for overtime as per Annex A of the Public Service Terms and Conditions of Employment Regulations (PSTCER), since the employee remains subject to the non-pay terms and conditions of employment of the substantive level of the AS-08 excluded position.

5.2 Within the EX Group

A member of the EX Group whose substantive level is from EX-1 to EX-3 who performs the duties of a position classified at a higher level in the EX Group for a temporary period shall be paid acting pay in accordance with the instructions provided in Appendix D of the Salary Administration Policy for the Executive Group. The instructions for acting pay that appear in Section 46 of the Public Service Terms and Conditions of Employment Policy do not apply to members of the EX Group.

Example: Acting within the EX Group

An employee occupying a substantive EX-01 position who is earning $90,000 per annum is required to temporarily perform the duties on an acting basis of a higher classification level as an EX-02 from September 9, 2002, to December 20, 2002, inclusive. The employee's certificate of appointment is dated August 20, 2002.

EX-01 and EX-02: BUD Code 10200

Effective April 1, 2002

EX-01

Minimum

Job rate

84,700

99,700

EX-02

Minimum

Job rate

5% of maximum

94,900

111,700

5,585

Calculation
  • EX-01 rate of pay is effective on September 9, 2002

$90,000

  • Normally an employee appointed to a more senior level in the EX Group is entitled to a five per cent (5%) increase in salary of the job rate for the higher level. The salary on appointment must be at least the minimum of the salary range. The nearest multiple of $100 is $95,600. The employee is paid $95,600 .

$95,585

($90,000 + $5,585 = $95,585)the nearest multiple of $100 is $95,600

The employee's acting salary, which is effective on September 9, 2002, is $95,600, within the EX-02 salary scale

6. Recalculation of acting pay as a result of an increment becoming due in the substantive position (PSTCER 46.(C))

Retroactive period

Prior to July 27, 1999 (implementation date of the 1992 Lajoie decision ), when an increment was revised due to a revision to the salary range of the substantive level during a retroactive period, the employee in receipt of acting pay was entitled to a recalculation of the acting rate of pay pursuant to Sections 24 or 26 of the PSTCER.

If following the revised increment, the recalculation of the rate of the acting pay in the higher classification level was less than the rate of the acting pay received immediately prior to the recalculation, then the employee continued to be paid at the rate of pay received immediately prior to the recalculation.

Effective June 2, 2003, new provisions were introduced for all employees in organizations listed in Schedule I, Part I of the Public Service Staff Relations Act, and were represented by a bargaining agent who has signed a Letter of Understanding (LOU) for implementing retroactive upward revisions in pay rates. When these employees become subject to new collective agreements, they will be entitled to the better of:

  • A recalculation of the rate of pay according to the application prior to 1992; (implementation date of the Lajoie decision); or
  • The straight down revision of the rates of pay, which is the method used for the Lajoie decision.

This new method of calculating acting pay during the retroactive period is not retroactive and applies only to collective agreements with an LOU signed on or after June 2, 2003.

These new provisions shall also apply to excluded and unrepresented employees, including executives, which is effective on June 2, 2003.

Note 1: The procedures for applying revisions are specified in the collective agreements or pay plans. If the collective agreement or pay plan is silent, then the procedures are those contained in the Retroactive Remuneration Directive. This Directive also forms part of the Terms and Conditions of Employment for the Executive Group.

Note 2: Even though the employee's acting salary may be calculated as being less than the salary of the substantive position during the retroactive period, the employee maintains the acting pay, and the acting assignment is unbroken. No payment or recovery is processed.

Note 3: If the definition of an "acting assignment" is no longer met on the date of signing of the new collective agreement, i.e. the maximum rate of pay of the acting position is less than the maximum rate of pay of the substantive position, then the acting position would cease effective on the date of the signing of the agreement.

Current period

An employee in receipt of acting pay is entitled to a recalculation of the acting rate of pay pursuant to Sections 24 or 26 of the PSTCER when an increment is due in the substantive level.

If following the recalculation, the rate of the acting pay in the higher classification level is less than the rate of the acting pay received immediately prior to the recalculation, then the employee shall be paid at the rate of pay received immediately prior to the recalculation.

7. Recalculation of acting pay when a revision within the salary range for the substantive position occurs (PSTCER 46.(C))

Retroactive period

Prior to July 27, 1999, if a revision occurred during a retroactive period, then the employee in receipt of acting pay was entitled to a recalculation of the acting rate of pay pursuant to Sections 24 or 26 of the PSTCER when revisions to the salary range for the substantive level occurs.

If following recalculation, the rate of the acting pay in the higher classification level was less than the rate of the acting pay received immediately prior to the recalculation, then the employee continued to be paid at the rate of pay received immediately prior to the recalculation.

Effective June 2, 2003, new provisions were introduced for all employees in organizations listed in Schedule I, Part I of the Public Service Staff Relations Act, and were represented by a bargaining agent who has signed a Letter of Understanding (LOU) for implementing retroactive upward revisions in pay rates. When these employees become subject to new collective agreements, they will be entitled to the better of:

  • A recalculation of the rate of pay according to the application prior to 1992; or
  • The straight down revision of the rates of pay, which is the method used for the Lajoie decision.

This new method of calculating acting pay during the retroactive period is not retroactive and applies only to collective agreements with an LOU signed on or after June 2, 2003.

These new provisions shall also apply to excluded and unrepresented employees, including executives, which is effective June 2, 2003.

Note 1: The procedures for applying revisions are specified in the collective agreements or pay plans. If the collective agreement or pay plan is silent, then the procedures are those contained in the Retroactive Remuneration Directive. This Directive also forms part of the Terms and Conditions of Employment for the Executive Group.

Note 2: Even though the employee's acting salary may be calculated as being less than the salary of the substantive position during the retroactive period, the employee maintains the acting pay, and the acting assignment is unbroken. No payment or recovery is processed.

Note 3: If the definition of an "acting assignment" is no longer met on the date of signing of the new collective agreement, i.e. the maximum rate of pay of the acting position is less than the maximum rate of pay of the substantive position, then the acting position would cease effective on the date of the signing of the agreement.

Current period

An employee in receipt of acting pay is entitled to a recalculation of the acting rate of pay when revisions to the salary range for the substantive level occur.

If following recalculation, the rate of pay in the higher classification level is less than the rate received immediately prior to the recalculation, then the employee will be paid at the rate received immediately prior to the recalculation.

Note: An employee in receipt of acting pay is entitled to revisions to the salary range of the higher classification level whether it occurs in the retroactive or in the current period.

8. Pay increments (PSTCER 46.(D))

Substantive position

An employee continues to be entitled to pay increments in the substantive position while performing the duties of a higher classification on an acting basis.

An increment granted in the substantive position will be used to recalculate the rate of pay in the higher classification level as per PSTCER 46.(C).

Higher classification level

An employee shall be eligible to receive pay increments in the higher classification level at the end of the increment period for the higher classification level, calculated from the date on which the acting assignment commenced as per the PSTCER 46.(D)(1).

An increment in the higher classification level can also occur prior to the end of the increment period when a recalculation of the acting pay occurs due to an increment in the substantive position, which provides for a higher rate of pay than previously paid prior to the recalculation as per the PSTCER 46.(D)(2).

The increment period of the higher classification level would therefore be revised to reflect the new increment date of the acting pay, calculated from the date of the last pay increment received in the substantive level.

Example 1: Increment in the substantive position

An employee occupying a substantive AS-01 position who is earning $40,861 per annum, which is the 2ndstep of the salary scale, is required to perform duties on an acting basis of a higher classification level as an AS-02 from March 17, 2003, to June 13, 2003, inclusive.

Based on the promotion rule, the acting rate of pay is calculated as $43,863, which is the minimum.

The employee is entitled to an increment in the substantive position, which is effective on April 14, 2003. The employee is earning $42,413, which is the 3rd step of the salary scale in the substantive position.

As per PSTCER 46.(D)(2), an employee in receipt of acting pay is entitled to a recalculation of the acting rate of pay pursuant to Sections 24 or 26 of the PSTCER when an increment within the salary range for the substantive level occurs.

AS-01 and AS-02: Subject to a collective agreement signed on November 19, 2001.

Effective June 21, 2002

AS-01

39,364

40,861

42,413

44,026

AS-02

Lowest pay increment

43,863

45,529

47,260

1,666

Calculation
  • AS-01 rate of pay is effective on April 14, 2003

$42,413 (3rd step)

  • Difference between the maximums (AS-02 and AS-01)

$3,234 ($47,260 - $44,026))

  • Since the difference between the maximums is $3,234, which is greater than the lowest pay increment of $1,666 of the AS-02, the promotion rule applies. The employee's acting rate of pay is determined by adding the lowest pay increment of the AS-02 to the AS-01 salary, and the employee is paid $45,529.

$45,529 (2nd step)

($42,413 + $1,666 = $44,079)

As a result of the recalculation, the employee is entitled to another step in the AS-02 classification and is paid $45,529 per annum, the 2nd step of the salary scale.

The new increment period in the higher classification level will be calculated from the date of the last pay increment received in the substantive level of the AS-01, which was on April 14, 2003.

Note 1: Since the employee received another step in the range on recalculation, the March 17, 2003, date on which the acting assignment commenced is no longer applicable when determining the employee's next increment date in the higher classification level.

Note 2: If an employee occupying an AS-02 position and acting in an AS-03 position prior to an appointment to a SI-03 position in another department without a break of a compensation day between appointments and when determining the employee's salary on appointment to the SI-03 position, then the acting salary of the AS-03 position is to be considered.

Example 2: Increment in the substantive position

An employee occupying a substantive AS-01 position who is earning $40,861 per annum, the 2nd step of the salary scale is required to perform duties on an acting basis of a higher classification level as an AS-03 from March 17, 2003, to June 13, 2003, inclusive.

Based on the promotion rule, the acting rate of pay is calculated at $47,015 per annum, which is the minimum.

The employee is entitled to an increment in the substantive position, which is effective on April 14, 2003. The employee is earning $42,413 per annum, which is the 3rd step of the salary scale in the substantive position.

As per PSTCER 46.(D), an employee in receipt of acting pay is entitled to a recalculation of the acting rate of pay pursuant to Sections 24 or 26 of the PSTCER when increments within the salary range for the substantive level occur.

AS-01 and AS-03: Subject to a collective agreement signed on November 19, 2001.

Effective June 21, 2002

AS-01

39,364

40,861

42,413

44,026

AS-03

Lowest pay increment

47,015

48,802

50,657

1,787

Calculation
  • AS-01 rate of pay is effective on April 14, 2003

$42,413 (3rd step)

  • Difference between the maximums (AS-03 and AS-01)

$6,631 ($50,657 - $44,026)

  • Since the difference between the maximums is $6,631, which is greater than the lowest pay increment of $1,787 of the AS-03, the promotion rule applies. The employee's acting rate of pay is determined by adding the lowest pay increment of the AS-03 to the AS-01 salary, and the employee is paid $47,015.

$47,015 (minimum)

($42,413 + $1,787 = $44,200)

The recalculation does not affect the employee's rate of pay in the higher classification level. The increment period in the higher classification level, if no further changes occur to the rate of pay in the substantive position, will be calculated from the date on which the acting assignment in the AS-03 position commenced, which is on March 17, 2003.

Example 3: Maximum in the substantive position

An employee occupying a substantive AS-01 position who is earning $44,026 per annum, which is the maximum, is required to perform duties on an acting basis of a higher classification level as an AS-03 from March 17, 2003, to June 18, 2004, inclusive.

Based on the promotion rule, the acting rate of pay is calculated as $47,015 per annum, which is the minimum.

Unless there is a change in salary in the substantive position, which requires a recalculation of the rate of pay in the AS-03 classification level, resulting in the employee being entitled to an increment in the higher classification level, then the employee's increment date for the AS-03 acting assignment will be based on March 17, 2003. The next increment will be effective on Monday, March 15, 2004.

As per PSTCER 46.(D), an employee shall be eligible to receive pay increments in the higher classification level at the end of the increment period for the higher classification level, calculated from the date on which the acting assignment commenced.

Example 4: Revision in the substantive position during the current period

An employee occupying a substantive AS-01 position who is earning $41,379 per annum which is the 3rd step of the salary scale is required to perform duties on an acting basis of a higher classification level as a SI-02 for the period of March 18, 2002, to June 13, 2003, inclusive.

Based on the promotion rule, the acting rate of pay is calculated at $42,640 per annum, which is the 2nd step in the pay rate scale.

The employee is entitled to a revision in the substantive position, which is effective on June 21, 2002. The employee's salary is revised to $42,413 per annum in the substantive position.

AS-01: Subject to a collective agreement signed on November 19, 2001.

B

Effective June 21, 2001

C

Effective June 21, 2002

B

38,404

39,864

41,379

42,952

C

39,364

40,861

42,413

44,026

SI-02: Subject to a collective agreement signed on June 27, 2001.

B

Effective June 22, 2001

C

Effective June 22, 2002

Lowest pay increment

B

41,615

42,640

43,674

45,203

47,258

1,025

C

42,655

43,706

44,766

46,333

48,439

Calculation effective on June 21, 2002
  • AS-01 rate of pay is effective on June 21, 2002

$42,413 (3rd step)

  • Difference between the maximums (SI-02 and AS-01)

$3,232 ($47,258 - $44,026)

  • Since the difference between the maximums is $3,232, which is greater than the lowest pay increment of $1,025 of the SI-02, the promotion rule applies. The employee's acting rate of pay is determined by adding the lowest pay increment of the SI-02 to the AS-01 salary, and the employee is paid $43,674.

$43,674 (3rd step)

($42,413 + $1,025 = $43,438)

As a result of the recalculation, the employee is entitled to another step in the SI-02 classification and is paid at $43,674 per annum, the 3rd step of the salary scale.

The increment period in the higher classification level, if no further changes occur to the rate of pay in the substantive position, remains unchanged and is calculated from the date on which the acting assignment in the SI-02 position commenced, which is on March 18, 2002.

9. Subsequent acting assignments or appointments (PSTCER 46.(E) and (F))

An employee in receipt of acting pay may be required to perform other duties on an acting basis, or may be appointed to a new substantive level that is the same, lower or higher classification level than that for which the acting pay is being paid.

9.1 Same classification level (PSTCER 46.(F)(1)(a))

If the acting assignment or the appointment is to a position at the same classification level as that for which the acting pay is being paid and there is no break of a compensation day between the assignment and the appointment, then the employee shall:

  • Be paid at the same rate of pay; and
  • At the end of the increment period for the higher classification level, be eligible for an increment in accordance with the applicable provisions in Section 7 of this module, or, in all other cases, be calculated from the date on which the acting assignment commenced.

Example 1: Subsequent appointment to the same level

Monday, July 8, 2002: Commence acting assignment in an AS-02 position

An employee occupying a substantive AS-01 position who is earning $42,413 per annum which is the 3rd step of the salary scale is required to perform AS-02 higher classification level duties on an acting basis from July 8, 2002, to August 14, 2002, inclusive.

Based on the promotion rule, the acting pay is calculated at $45,529 per annum in the 2nd step of the salary scale.

Thursday, August 15, 2002: Appointed on an indeterminate basis to an AS-02 position

The employee retains the rate of pay at $45,529, which was previously paid for the acting assignment since there was no break of a compensation day between the acting assignment and the appointment.

For increment purposes, the employee is considered as being assigned to the AS-02 position since July 8, 2002. The subsequent increment is calculated in accordance with the provisions specified in Section 7 of this module, and is effective on Monday, July 7, 2003.

AS-01 and AS-02: Subject to a collective agreement signed on November 19, 2001.

Effective June 21, 2002

AS-01

39,364

40,861

42,413

44,026

AS-02

Lowest pay increment

43,863

45,529

47,260

1,666

Example 2: Break of a compensation day - Appointment

Monday, March 18, 2002: Commence acting assignment in an SI-02 position

An employee is occupying a substantive AS-01 position and is earning $41,379 per annum, which is the 3rd step of the salary scale. The employee is required to perform higher classification duties, on an acting basis, as a SI-02 from March 18, 2002 to August 30, 2002, inclusive.

Based on the promotion rule, the acting rate of pay is calculated at $42,640 per annum, which is the minimum.

Friday, June 21, 2002: Revision in the substantive position

The employee is entitled to a revision of $42,413 per annum which is the 3rd step of the salary scale in the substantive position, which is effective on Friday, June 21, 2002.

The rate of pay in the higher classification level is recalculated due to the revision in the substantive position.

After the recalculation, the employee is entitled to an additional step in the higher classification level and is paid $43,674, which is the 3rd step of the salary scale.

Saturday, June 22, 2002: Revision in the higher classification

The employee is entitled to a revision of $44,766 per annum, which is the 3rd step of the salary scale in the higher classification level, which is effective on Saturday, June 22, 2002.

Saturday, August 31, 2002

The employee reverts back to the basic pay of $42,413, which is the 3rd step in the AS-01 salary scale.

Tuesday, September 3, 2002: Appointed on an indeterminate basis

The employee is appointed on an indeterminate basis to an SI-02 position.

Since there is a break of a compensation day, which is the designated paid holiday of September 2, 2002, the appointment is not considered a confirmation of acting. The employee's rate is calculated in accordance with promotion rules.

The employee's rate of pay on appointment to the SI-02 is $43,706, which is the 2nd step of the salary scale.

The employee's subsequent increment is based on the date of appointment of September 3, 2002, and is effective on Wednesday, September 3, 2003.

In Example 2, it is recommended that management review and consider amending the effective date of the indeterminate appointment to ensure that the employee maintains the acting rate of pay previously received at $43,674, which is the 3rd step of the SI-02 position, prior to the appointment. The salary treatment would then be a confirmation of acting.

AS-01: Subject to a collective agreement signed on November 19, 2001.

B

Effective June 21, 2001

C

Effective June 21, 2002

B

38,404

39,864

41,379

42,952

C

39,364

40,861

42,413

44,026

SI-02: Subject to a collective agreement signed on June 27, 2001.

B

Effective June 22, 2001

C

Effective June 22, 2002

Lowest pay increment

B

41,615

42,640

43,674

45,203

47,258

1,025

C

42,655

43,706

44,766

46,333

48,439

1,051

9.2 Lower classification level

If the acting assignment or the appointment is to a classification level, which is lower than the classification level for which acting pay is being paid, and there is no break of a compensation day between the acting assignment or the appointment, then the employee shall:

  • Be paid the rate of pay as established from the substantive level using the promotion or transfer rules; and
  • Receive credit for increments from the date the acting duties in the higher classification commenced when reverting to the previous acting duties and paid the rate of pay that would have been paid had the previous duties (lower classification) been continuously performed.

Example 1: Subsequent appointment to a lower classification level

Monday, April 7, 2003: Commence acting assignment in an AS-03 position

An employee occupying a substantive AS-01 position who is earning $40,861, which is the 2nd step of the salary scale is required to perform duties on an acting basis of a higher classification level as an AS-03 from April 7, 2003, to June 6, 2003, inclusive.

Based on the promotion rule, the acting pay is calculated at $47,015, which is the minimum.

Monday, May 5, 2003: Appointed to a new substantive lower classification of an AS-02

The employee is subsequently appointed to an AS-02 position on an indeterminate basis.

The acting assignment in the AS-03 position continues until Friday, June 6, 2003.

The salary on appointment is calculated from the AS-01 salary of $40,861, based on the promotion rule, and the rate of pay on appointment to the AS-02 is $43,863, the minimum.

The employee receives credit for increment purposes for the period of the acting assignment in the higher classification level, which is effective on April 7, 2003.

Monday, April 5, 2004: Increment in the substantive position

For increment purposes, since the appointment to the AS-02 position was to a lower classification than the acting assignment of the AS-03 position, the employee is considered as being appointed to the AS-02 position, which is effective on April 7, 2003.

The subsequent increment is calculated in accordance with the provisions specified in Section 7 of this module, which is effective on Monday, April 5, 2004.

AS-01, AS-02 and AS-03: Subject to a collective agreement signed on November 19, 2001.

Effective June 21, 2002

AS-01

39,364

40,861

42,413

44,026

AS-02

Lowest pay increment

43,863

45,529

47,260

1,666

AS-03

Lowest pay increment

47,015

48,802

50,657

1,787

Example 2: Subsequent appointment to a lower classification level

Monday, March 4, 2002: Commence acting assignment as an AS-03

An employee occupying a substantive AS-01 position who is earning $39,864 which is the 2nd step of the salary scale is required to perform the duties on an acting basis of a higher classification level as an AS-03 from March 4, 2002 to April 25, 2003, inclusive.

Based on the promotion rule, the acting pay is calculated at $45,868, which is the minimum.

Friday, June 21, 2002: Revisions in the substantive and acting positions

The employee's AS-01 substantive salary is revised from $39,864 to $40,861.

As per the Lajoie decision, no recalculation is performed for the acting salary, and the acting rate of pay of the AS-03 position is revised straight down from $45,868 to $47,015.

Monday, February 17, 2003: Increment in the AS-01 substantive position

The employee is due an increment in the AS-01 position and is entitled to be paid at $42,413, which is the 3rd step of the salary scale.

The acting rate of pay of the AS-03 is recalculated. Based on the promotion rule, the acting pay is maintained at $47,015. The employee retains the increment period from the date on which the acting assignment commenced.

Monday, March 3, 2003: Increment in the higher classification AS-03 level

Since the increment received in the substantive position did not result in a higher rate of pay in the AS-03 position, the employee is entitled to an increment in the AS-03 position and is paid $48,802, the 2nd step of the salary scale.

Saturday, April 26, 2003

The employee reverts back to the basic pay of $42,413, the 3rd step of the AS-01 salary scale.

Monday, April 28, 2003: Appointed to a new substantive position AS-02, lower classification level

The employee is subsequently appointed to an AS-02 position on an indeterminate basis without a break of a compensation day.

The appointment is considered to be to a lower classification level. Therefore, the salary on appointment is calculated from the substantive AS-01 salary of $42,413, based on the promotion rule.

The rate of pay on appointment is $45,529, which is the 2nd step of the AS-02 salary scale.

However, the employee is credited with the time spent in the acting AS-03 position towards the increment in the AS-02 position.

The salary on appointment to the AS-02 position is $47,260, the maximum of the AS-02 salary scale.

AS-01, AS-02 and AS-03: Subject to a collective agreement signed on November 19, 2001.

B

Effective June 21, 2001

C

Effective June 21, 2002

AS-01

B

38,404

39,864

41,379

42,952

C

39,364

40,861

42,413

44,026

AS-02

Lowest pay increment

B

42,793

44,419

46,107

1,626

C

43,863

45,529

47,260

1,666

AS-03

Lowest pay increment

B

45,868

47,612

49,421

1,744

C

47,015

48,802

50,657

1,787

9.3 Higher classification level (PSTCER 46.(F)(1)(b))

If the acting assignment or the appointment is to a classification level, which is higher than the classification level for which acting pay is being paid and there is no break of a compensation day between the acting assignment or the appointment, then the employee shall:

  • Be paid at the rate of pay established from the substantive level by applying the promotion or deployment or transfer by appointment rules; and
  • Be paid at the rate of pay in the higher salary range that is nearest to but not less than the previous acting rate of pay if the rate of pay is less than the employee's previous acting rate of pay.

Note 1: When the acting assignment is to a higher level, the increment period is re-established in accordance with the applicable provisions in Section 46.(D) of the PSTCER.

Note 2: An employee assigned to a higher classification level, upon reverting to the previous acting duties or appointed to the same level as the previous acting assignment, shall be paid the rate of pay that would have been paid had the previous duties been continuously performed. The employee retains the same increment period and receives credit for the increments.

Example 1: Subsequent appointment to a higher classification level

Monday, July 15, 2002: Commence acting assignment as an AS-03

An employee occupying a substantive AS-02 position who is earning $45,529, which is the 2nd step of the salary scale is required to perform duties on an acting basis of a higher classification level as an AS-03 from July 15, 2002, to May 9, 2003, inclusive.

Based on the promotion rule, the acting pay is calculated at $48,802, the 2nd step of the salary scale.

Monday, February 17, 2003: Increment in substantive position

The employee is due an increment in the AS-02 position and is paid $47,260, the maximum of the range.

As a result of the pay increment in the substantive position, the acting assignment to the AS-03 position is recalculated.

The recalculation causes an increase in the acting rate of pay, and the employee's salary is revised to $50,657, the maximum.

Monday, May 12, 2003: Subsequent acting assignment - higher classification level

The employee is subsequently required to perform the duties of a higher position as a SI-03 on an acting basis from May 12, 2003, to June 13, 2003, inclusive.

The salary for the acting assignment is calculated from the substantive position AS-02 salary of $47,260, based on the promotion rule. The rate of pay on appointment is $49,655, which is the 3rd step of the salary scale.

However, since this rate is less than the previous acting rate of pay of $50,657, and the employee is appointed to a higher classification level (SI-03), the employee is paid at $51,029, which is the rate of pay nearest to but not less than the previous acting rate of pay.

AS-02 and AS-03: Subject to a collective agreement signed on November 19, 2001.

Effective June 21, 2002

AS-02

43,863

45,529

47,260

AS-03

Lowest pay increment

47,015

48,802

50,657

1,787

SI-03: Subject to a collective agreement signed on June 27, 2001.

Effective June 22, 2002

SI-03

Lowest pay increment

46,895

48,276

49,655

51,029

52,802

1,374

Note: In the above example, since there is no break of a compensation day when appointed to the SI-03 position, which is effective on May 12, 2003, the salary earned in the AS-03 position must be considered when determining the SI salary.

Example 2: Subsequent appointment to a higher classification level

Monday, July 15, 2002: Commence acting assignment in an AS-03 position

An employee occupying a substantive AS-02 position who is earning $43,863 is required to perform duties on an acting basis of a higher classification level as an AS-03 from July 15, 2002 to May 9, 2003, inclusive.

Based on the promotion rule, the acting pay for the AS-03 is calculated as $47,015, which is the minimum of the range.

Monday, February 17, 2003: Increment in the AS-02 substantive position and the AS-03 acting position

The employee is due an increment in the AS-02 position and is paid $45,529, which is the 2nd step of the salary scale.

As a result of the pay increment in the substantive position, the AS-03 acting assignment rate of pay is recalculated and results in the employee's salary being revised to $48,802, which is the 2nd step in the salary scale. The increment period for the higher classification of the AS-03 is therefore adjusted and calculated from the date of the last pay increment received in the substantive position.

Monday, May 12, 2003: Subsequent acting assignment in a SI-03 - a higher classification level

The employee subsequently performs the duties on an acting basis of a higher position as a SI-03 from May 12, 2003, to June 13, 2003, inclusive.

Based on the promotion rule, the salary for the acting assignment in the SI-03 position is calculated from the substantive AS-02 position salary of $45,529.

The acting salary of the SI-03 position is calculated as $48,276, the 2nd step of the salary scale.

However, since there is no break of compensation day between the acting assignments, the acting rate of pay of $48,276 in the higher classification level cannot be less than the previous acting rate of pay of $48,802 of the AS-03 position. Therefore the employee is entitled to be paid at $49,655 of the SI-03 salary scale, which is the rate of pay nearest to but not less than the previous acting rate of pay in the AS-03 scale.

Monday, June 16, 2003: Appointed to a new substantive position as an AS-03 - a lower classification level

The last day in the higher classification level of the SI-03 is on Friday, June 13, 2003.

The employee is subsequently appointed to a lower classification in an AS-03 position on an indeterminate basis without a break of a compensation day between the acting assignment and the appointment.

Based on the promotion rule the salary on the appointment to the AS-03 position is calculated from $45,529, the salary of the substantive AS-02 position.

The salary on appointment to the AS-03 position is calculated at $48,802, which is the 2nd step of the salary scale.

However, the employee receives credit of one increment step on Monday, February 17, 2003, since the subsequent period of the acting assignment was to a higher classification level. Therefore, in accordance with Section 46 (F)(c) of the PSTCER, the employee receives credit for increments.

The salary on appointment to the AS-03 position is $50,657, the maximum.

AS-02 and AS-03: Subject to a collective agreement signed on November 19, 2001.

Effective June 21, 2002

AS-02

43,863

45,529

47,260

AS-03

Lowest pay increment

47,015

48,802

50,657

1,787

SI-03: Subject to a collective agreement signed on June 27, 2001.

Effective June 22, 2002

SI-03

Lowest pay increment

46,895

48,276

49,655

51,029

52,802

1,374

10. Performance pay (PSTCER 46.(G))

Subject to the application of the pay provisions in Sections 46.(A) to 46.(F) of the PSTCER, the administration of acting pay in the case of an employee performing the duties of a higher classification level, which is subject to performance pay, shall be in accordance with the applicable performance pay plan.

Refer to the Performance pay module for additional information.

11. Revisions (PSTCER 46.(C)(1) and (2))

Substantive position

An employee continues to be entitled to revisions in the substantive position while performing the duties of a higher classification level on an acting basis.

A revision granted in the substantive position is used to recalculate the rate of pay in the higher classification level. Refer to the Revision module for additional information.

Higher classification level

An employee shall be eligible to receive revision in the higher classification level. Refer to the Revision module for additional information.

Note: If on the date of signing a new collective agreement, the rendering of an arbitral award or the letter of authority for revised rates of pay, the definition of an acting assignment is no longer met, the acting ceases effective on that date.

12. Casual employees (as per PSEA 21.2 and a specified period of less than three (3) months) (PSTCER 64)

Subject to Section 64 of the PSTCER, acting pay may be paid to a casual employee who is assigned the duties of a higher classification level on an acting basis. The rate of pay shall be the rate that is nearest to but not less than the rate of pay the employee was receiving immediately prior to the acting assignment.

Note 1: A casual employee is not subject to Section 46(B) of the PSTCER.

Note 2: The acting period cannot extend beyond the expiry date of the specified period appointment for which the person was employed in the substantive position.

Note 3: Even though the casual employee is not subject to a collective agreement, the casual employee is subject to Section 52 of the PSTCER. Therefore, the employee is subject to the qualifying period specified in the relevant collective agreement, pay plan or the terms and conditions of employment, which is applicable to the casual employee's substantive position as per PSTCER 46.(A).

Note 4: Except as specified in Sections 53 to 69 of the PSTCER, Sections 1 to 51 of PSTCER apply to casual employees. Therefore, the pay increment period is determined in the same manner as for those employees who are indeterminate for a specified period of three (3) months or more.

Example 1: An employee in a specified period of less than three (3) months in receipt of acting pay

A full-time employee occupying an AS-01 position who is earning $44,026 is hired for a specified period of less than three (3) months from June 23, 2003 to September 12, 2003, inclusive.

The employee is required to perform the duties on an acting basis of a higher classification level in an AS-02 position from September 2, 2003, to September 12, 2003, inclusive. The employee's certificate of appointment is dated on September 2, 2003.

AS-01 and AS-02: Subject to a collective agreement signed on November 19, 2001.

Effective June 21, 2002

AS-01

39,364

40,861

42,413

44,026

AS-02

Lowest pay increment

43,863

45,529

47,260

1,666

The acting rate of pay of the AS-02 position shall be the rate that is nearest to but not less than the rate of pay in the AS-01 position that the employee was receiving immediately prior to the acting assignment. The promotion rule does not apply.

The employee's acting rate of pay from September 2, 2003, to September 12, 2003, inclusive, is $45,529. This is the 2nd step in the AS-02 salary scale.

Example 2: An employee in a specified period of less than three (3) months, re-appointed to a specified period of three (3) months or more, in receipt of acting pay

The specified period of employment for the employee in Example 1 is extended from September 12, 2003 to December 26, 2003, inclusive. This changes the tenure from a specified period of less than three (3) months to a specified period of three (3) months or more, which is effective on September 12, 2003.

The acting duties of the higher classification level of the AS-02 are also extended to Friday, September 26, 2003. The employee's certificate of appointment is dated on September 11, 2003.

Since the reappointment is for specified period of three (3) months or more as of September 12, 2003, the employee is subject to the PA collective agreement as of that date, and the acting pay is recalculated as per Section 5 of this module.

AS-01 and AS-02: Subject to a collective agreement signed on November 19, 2001.

Effective June 21, 2002

AS-01

39,364

40,861

42,413

44,026

AS-02

Lowest pay increment

43,863

45,529

47,260

1,666

Calculation
  • AS-01 rate of pay is effective on September 12, 2003

$44,026 (maximum)

  • Difference between the maximums (AS-02 and AS-01)

$3,234 ($47,260 - $44,026)

  • Since the difference between the maximums is $3,234, which is greater than the lowest pay increment of $1,666 of the AS-02, the acting assignment is based on the promotion rule. The employee's acting rate of pay is determined by adding the lowest pay increment of the AS-02 to the AS-01 salary. The employee is paid $47,260, which is the rate of pay nearest to but not less than $45,692.

$47,260 (maximum)

($44,026 + $1,666 = $45,692)

The employee's acting salary, which is effective on September 12, 2003, is $47,260, the maximum of the AS-02 salary scale.

Example 3: An employee in a specified period of less than three (3) months, reappointed to another specified period of less than three (3) months, in receipt of acting pay

The specified period of employment for the employee in Example 1 is extended for a specified period of less than three (3) months from September 12, 2003 to October 10, 2003, inclusive. The employee completes three (3) months of employment on Monday, September 22, 2003.

The acting duties of the higher position as an AS-02 are also extended to Friday, September 26, 2003. The employee's certificate of appointment is dated on September 11, 2003.

Since the employee completes three (3) months of employment on September 22, 2003, the employee is subject to the PA collective agreement as of that date, and the acting pay is recalculated as per Section 5 of this module.

AS-01 and AS-02: Subject to a collective agreement signed on November 19, 2001.

Effective June 21, 2002

AS-01

39,364

40,861

42,413

44,026

AS-02

Lowest pay increment

43,863

45,529

47,260

1,666

Calculation
  • AS-01 rate of pay is effective on September 23, 2003

$44,026 (maximum)

  • Difference between the maximums (AS-02 and AS-01)

$3,234 ($47,260 - $44,026)

  • Since the difference between the maximums is $3,234, which is greater than the lowest pay increment of $1,666 of the AS-02, the acting assignment is based on the promotion rule. The employee's acting rate of pay is determined by adding the lowest pay increment of the AS-02 to the AS-01 salary. The employee is paid $47,260, which is the rate of pay nearest to but not less than $45,692.

$47,260 (maximum)

($44,026 + $1,666 = $45,692)

The employee's acting salary, which is effective on September 23, 2003, is $47,260, the maximum of the AS-02 salary scale.

13. Students

As per Section 3.6 of the Terms and Conditions of Employment for Students, students are not entitled to acting pay.

14. Union dues

There are several factors that can affect the check-off status regarding the acting assignment.

Once a bargaining unit employee is asked to temporarily perform the duties of a higher classification level for at least the qualifying period specified in the collective agreement, pay plan or the terms and conditions of employment, which is applicable to the employee's substantive level, union dues should be deducted in respect of the acting position.

For a bargaining unit employee who is placed on an acting assignment to:

  • Replace another bargaining unit employee within the same bargaining agent, departments shall deduct dues as if the acting assignment were an appointment;
  • Replace an employee belonging to a different bargaining agent, departments shall deducted dues effective on the first of the complete month following the beginning of the acting assignment;
  • Replace an employee in an unrepresented group, for example, OM, PE, etc. departments shall terminate dues deductions on the first day of the complete calendar month following the effective date of the acting assignment;
  • Replace an employee occupying a managerial or confidential position, the manager must choose whether the incumbent of the position or the actor is to be excluded, as there can only be one excluded incumbent of the position.

The Union Dues Check-off Policy states that dues are not to be amended for closed period acting situations where the acting assignment is completed before input to the pay system has been made. This applies to isolated cases where human resources is not notified of an acting situation until it is over or when it is of a short duration of less than one (1) month. The reporting to the PWGSC pay system of acting situations of one month or more must not be unduly delayed so that they can be submitted as closed periods, which may also result in dues not being made appropriately.

In situations where dues deductions are inadvertently not reported, the bargaining agent's right to the dues is not negated. Necessary adjustments must be made to recover these dues and remit them to the relevant bargaining agent.

Retroactive dues adjustments are problematic and bargaining agents do not always agree to refund the money. Consequently, these situations should be avoided by ensuring that the appropriate dues are deducted at the outset.

15. Leave

Employees granted leave with or without pay within the period of an acting assignment may continue the assignment at the deputy head's discretion even if another employee assumes the duties of the position.

16. Compensation of overtime in cash or leave with pay

While on an acting assignment, any overtime worked is compensated based on the relevant collective agreement, pay plan or the terms and conditions of employment, which is applicable to the employee's higher classification level.

Note: As per Section 60 of the PSTCER, a casual employee (as per PSEA 21.2 and a specified period of less than three (3) months) is not entitled to leave with pay. Therefore, all overtime shall be paid in cash in accordance with the relevant authority.

17. Payments and recoveries (PSTCER 47.(C))

Where the relevant collective agreement, pay plan or the terms and conditions, which is applicable to the employee's acting assignment position, does not specify the rate of pay at which a benefit (for example, cash-out of vacation leave credits) shall be paid or at which annual or sick leave granted in excess of credits shall be repaid by the employee. The rate shall be as follows:

(a) Prescribed in the certificate of appointment of the employee's substantive position for:

(i) The payment of severance pay;

(ii) The cash-out of vacation leave credits, compensatory leave or travel status leave, and

(iii) The recovery on termination of employment of vacation and sick leave that was granted in excess of credits.

(b) At which the employee was being paid:

(i) When the overtime was worked for the cash-out of compensatory leave credits; or

(ii) When the leave credit was earned for the cash-out of lieu day credits.

Example 1: Liquidation of compensatory leave at the end of the fiscal year - Non-discretionary payment

An employee occupying a substantive EL-02 position is required to perform duties on an acting basis of a higher classification level as an EL-03 from January 6, 2003, to April 11, 2003, inclusive.

The qualifying period of the substantive position of three (3) consecutive working days is met, and the employee is paid acting pay.

Upon request from the employee and with the approval of the Employer, the overtime that was worked during the fiscal year 2002-2003, is compensated in time off in lieu of a cash payment.

On March 31, 2003, the employee had a compensatory leave balance of 45 hours and as per Article 25.08 (d) of the EL collective agreement signed on July 24, 2002:

'"If any time off in lieu of overtime earned in 25.08(c) cannot be liquidated by the end of the fiscal year, then payment in cash will be made at the employee's rate of pay as of March 31st'."

Since the collective agreement does not specify the rate of pay at which the time off in lieu of overtime shall be paid, such rate shall be the rate prescribed in the certificate of appointment of the employee's substantive position, which is the EL-02 salary.

Example 2: Liquidation of compensatory leave at the end of the fiscal year - Non-discretionary payment

An employee occupying a substantive AS-02 position is required to perform duties on an acting basis of a higher classification level as a SI-03 from February 17, 2003, to April 11, 2003, inclusive.

The qualifying period of the substantive position of three (3) consecutive working days or shifts is met, and the employee is paid acting pay and is subject to the EC collective agreement.

Upon request from the employee and with the approval of the Employer, the overtime that was worked during the period of the acting assignment is compensated in equivalent leave with pay.

At the end of the 12 month period, which is determined by the Employer as being the fiscal year, the employee has a compensatory leave balance of 15 hours and as per Article 28.14 (b) of the EC collective agreement signed on June 27, 2001:

"Compensatory leave with pay not used by the end of the 12 month period, to be determined by the Employer, will be paid for in cash. Such payment will be at the employee's hourly rate of pay as calculated from the classification prescribed in the employee's certificate of appointment at the end of the 12 month period."

Since the collective agreement specifies the rate of pay at which the compensatory leave shall be paid, the compensatory leave balance of 15 hours will be paid effective on March 31, 2003, at the acting rate of pay of the SI-03 position.

Example 3: Liquidation of travelling time at the end of the fiscal year - Non-discretionary payment

An employee occupying a substantive BI-02 position is required to perform duties on an acting basis of a higher classification level as a BI-03 from December 15, 2003, to December 17, 2004, inclusive.

The qualifying period of the substantive position of three (3) consecutive working days is met, and the employee is paid acting pay.

During the acting assignment, the employee is required to travel outside the headquarters area on government business. The employee is away from the permanent residence for 40 nights during the fiscal year 2003-2004, and was granted seven decimal five (7.5) hours off with pay for travelling time.

As per Article 13.09 (c) and Article 9.06 of the AP collective agreement signed on September 26, 2003, the following applies:

"This leave with pay is deemed to be compensatory leave and is subject to paragraph 9.06 which states compensatory leave earned in a fiscal year and outstanding on September 30 of the next following fiscal year, shall be paid at the employee's daily rate of pay on September 30."

Since the collective agreement does not specify the rate of pay at which the compensatory leave earned in the fiscal year 2003-2004 and outstanding on September 30, 2004 (2004-2005), the employee shall be paid at rate prescribed in the certificate of appointment of the employee's substantive position, which is the BI-02 salary.

Example 4: Liquidation of compensatory leave earned during the fiscal year - Discretionary payment

An employee occupying a substantive AS-02 position is required to perform duties, on an acting basis, of a higher classification level as a SI-03 from February 17, 2003, to April 11, 2003, inclusive.

The qualifying period of the substantive position of three (3) consecutive working days is met, and the employee is paid acting pay.

Upon request from the employee and with the approval of the Employer, the overtime that is worked during the fiscal year 2002-2003, is compensated as time off in lieu of cash payment.

On February 24, 2003, the employee requests to be remunerated for the balance of 30 hours of compensatory leave. The 30 hours of compensatory leave was earned during July 2002, while occupying the AS-02 substantive position. The employer approved the request.

Since the collective agreement is silent on the pay entitlement, Section 47.(C)(b)(i) of the PSTCER is applicable, and the employee is remunerated at the rate of pay in effect at the time when the overtime was worked. The employee will be remunerated at the substantive rate of pay as an AS-02.

18. Maternity and parental benefits

Unless otherwise specified in the relevant collective agreement, pay plan or the terms and conditions of employment of the acting assignment position, the Maternity and Parental Benefits Guide specifies the weekly rate of pay used to calculate the maternity or parental allowances is based on the rate to which the employee is entitled for the substantive position. However, where an employee has, on the day immediately before proceeding on maternity or parental leave without pay, been on an acting assignment for at least four (4) months, then the weekly rate of pay includes the acting pay.

Note 1: When the employee meets the four (4) months acting assignment criteria, the weekly acting rate of pay is applicable in calculating the whole period of maternity or parental allowances, even though the acting assignment may conclude during the period of maternity or parental leave without pay.

Note 2: When the pay authority specifies, the maternity or the parental allowance is adjusted accordingly when the employee is entitled to a pay increment or a pay revision without a reference being made to the substantive position the employee who meets the four (4) months acting assignment criteria will also have the allowances adjusted accordingly when a pay increment or a pay revision occurs in the acting position.

Example: Determining the rate of pay for payment of the maternity allowance

A full-time employee occupying a ST-SCY-03 position who is earning $36,711, which is the 2nd step of the salary scale, is required to perform duties on an acting basis of a higher classification level as a CR-04 from December 9, 2002, to June 13, 2003, inclusive. The employee's certificate of appointment is dated December 5, 2002.

The employee proceeds on maternity leave without pay, which is effective on Monday, April 14, 2003.

As per Article 38.02 (h) of the PA collective agreement, the weekly rate of pay used for the maternity allowance payments is that of the higher classification level. In this example, this is the CR-04 rate of pay, since the employee on the day immediately preceding the commencement of maternity leave without pay had been on an acting assignment for at least four (4) months.

The CR-04 rate of pay applies to the entire period during which the maternity allowances are paid, even though the acting assignment concludes during the maternity period.

19. Bilingualism bonus (PSTCER 49)

Incumbents in bilingual positions who meet the prescribed language requirements are entitled to the bilingualism bonus in accordance with the conditions that are set out for employee eligibility in the Bilingualism Bonus policy.

In accordance with Section 1.4 of the bilingualism bonus directive, the following applies:

  • An employee who receives the bonus and who is temporarily assigned to another bilingual position shall continue to receive the bonus, regardless of the linguistic profile of the new position (or functions). However, the bonus ceases in the case of acting assignments in the executive group (EX) of the management category with the exception of EX equivalents.
  • An employee who receives the bonus and who is temporarily assigned to a unilingual position shall continue to receive the bonus only if the basic monthly salary of the new position is less than or equal to the basic monthly salary of the regular position, plus the bonus.
  • An employee receiving the bonus who is required to perform temporarily most of the duties of a position that has the same pay level continues to receive the bonus, regardless of the linguistic identification and profile of the position.

Example: Substantive bilingual position acting in a unilingual position

A full-time employee occupying a ST-SCY-03 bilingual imperative position and in receipt of $800 for the bilingualism bonus who is earning $36,711, is required to perform the duties on an acting basis of a higher classification level of a unilingual CR-04 position from April 14, 2003 to October 31, 2003, inclusive.

ST-SCY-03: Subject to a collective agreement signed on November 19, 2001.

Effective June 21, 2002

35,689

36,711

37,747

38,764

CR-04: Subject to a collective agreement signed on November 19, 2001.

Effective June 21, 2002

Lowest pay increment

36,454

37,421

38,387

39,349

962

Calculation
  • ST-SCY-03 rate of pay is effective on April 14, 2003

$36,711 (2nd step)

  • Difference between the maximums (CR-04 and ST-SCY-03)

$585 ($39,349 - $38,764)

  • Since the difference between the maximums is $585, which is less than the lowest pay increment of $962 of the CR-04, the appointment is a deployment or transfer by appointment. The employee is paid $37,421, which is the rate of pay nearest to but not less than the rate received previously.

$37,421 (2nd step)

The employee's acting salary, which is effective April 14, 2003, is $37,421, which is the 2nd step of the CR-04 salary scale.

Since the employee was in receipt of the bilingualism bonus in the substantive position, a determination must be made to see if it continues while in the acting assignment.

Calculation to determine the bilingualism bonus benefit
One (1) month's salary in the ST-SCY-03 position

$3,059.25 ($36,711 12)

One (1) month's bilingualism bonus in the ST-SCY-03 position

$ 66.67 ($800 12)

Total

$3,125.92

One (1) month's salary in the acting CR-04 position

$3,118.41 (37,421 12)

The employee will continue to receive the bilingualism bonus while acting in the unilingual position because the CR-04 salary is less than the combined ST-SCY-03 salary and bilingualism bonus.

20. Terms and conditions - General (PSTCER 47.(A))

When an employee is temporarily performing the duties of a higher classification level, the employee shall be subject to the terms and conditions of employment of that same level. The following applies:

  • On the starting date of the acting assignment when the acting assignment will meet the qualifying period; or
  • On the date during the qualifying period that the employee is notified, the acting assignment will meet the qualifying period as stipulated in the relevant collective agreement, pay plan or the terms and conditions, which is applicable to the employee's substantive level.

21. Terms and conditions - Executive Group (PSTCER 47.(B))

An employee receiving acting pay as the result of an acting assignment to perform duties subject to the terms and conditions of employment for the Executive Group, shall remain subject to the non-salary terms and conditions of the substantive level.

22. Termination of acting assignment (PSTCER 48)

The employee reverts to basic pay the day following the completion of the acting assignment or whenever the deputy head determines that the employee shall no longer perform the duties of the higher classification level.