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ARCHIVED - Continuous Employment, Continuous Service and Continuous/Discontinuous Service


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The following section focuses on the application of the terms "continuous employment", "continuous service" and "continuous/discontinuous service" in establishing eligibility for benefits.

It is important to refer to the relevant collective agreement, pay plan or specific terms and conditions of employment when determining an employee's eligibility, as the language will vary.

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.

casual employee (employ occasionnel)

casual status (situation d'employ occasionnel)

continuous employment (emploi continu)

continuous service (service continu)

immediately prior service (service antrieur immdiat)

indeterminate employee (employ nomm pour une priode indtermine)

lay-off (mise en disponibilit)

Part I Service (service prvu la partie I)

Part II Service (service prvu la partie II)

Public Service for purposes of continuous/discontinuous service (fonction publique aux fins du service continu ou discontinu)

Public Service for the purposes of the PSSRA (fonction publique aux fins de la LRTFP)

Public Service for purposes of the PSTCER (fonction publique aux fins du RCEFP)

Public Service Terms and Conditions of Employment Regulations (PSTCER) (Rglement sur les conditions d'emploi dans la fonction publique (RCEFP))

specified period employee (employ nomm pour une priode dtermine)

reappointment (nouvelle nomination)

termination for cause (Renvoi pour cause)

type of employment (type d'emploi)

type of tenure (dure de l'emploi)

working day (journe de travail)

2. Continuous employment (PSTCER sections 3 and 4)

2.1 General

Determining continuous employment is essential in establishing eligibility or entitlement for certain benefits such as severance pay and sick leave credit portability. Also, vacation pay, in accordance with some collective agreements, pay plans or specific terms and conditions of employment. Continuous employment does not hold the same meaning or bear the same application as continuous service.

In general terms, continuous employment may be defined as the period of time since an employee's initial appointment date, if the following applies:

The factors that affect the continuity of employment are the:

  • type and tenure of employment of the new appointment;
  • prior type and tenure of employment; and, when applicable;
  • reason for the termination of prior employment; and
  • length of breaks between periods of employment.

Reference to prior service under PSTCER 3 is considered as being employment with the following:

Any period of service in Part I Service or the Public Service (PSSA) prior to a termination for cause does not constitute continuous employment (PSTCER 4.).

Note: The period of continuous employment must be reduced by the breaks between periods of employment.

Refer to Appendix B: Determining the continuous employment dates as per PSTCER 3. and 4. for a reference chart that offers the different types of scenarios of prior service, the allowable breaks and the new appointment tenure in Part I Service.

Determining continuous employment as per PSTCER 3 and 4.

For the purpose of Section 3, any period of service in Part I Service or the Public Service prior to a termination by reason of breaches of discipline or misconduct (FAA 11(2)(f)) or declaration of abandonment of position does not constitute continuous employment. (PSTCER 4.)

New appointment to Part I Service

Allowable break as per PSTCER

Prior service 1

In respect of a person appointed to Part I Service as an indeterminate employee or for a specified period of three (3) months or more.

(PSTCER 3.(A))

Up to three (3) calendar months

Immediately prior service in Part I Service or the Public Service (PSSA) on an indeterminate basis, or on a specified term basis for three (3) months or more.

(Ref.: PSTCER 3.(A)(i) + Definition)

A combination of prior service in Part I Service and the Public Service (PSSA) on an indeterminate basis, or on a specified term basis for three (3) months or more.

(Ref.: PSTCER 3.(A)(ii) + Definition)

Immediately prior service in the Canadian Forces or the Royal Canadian Mounted Police, provided that the person was honourably released and has made or makes a valid election to contribute for that service under the Public Service Superannuation Act (the effective date is the date the election is completed).

(Ref.: PSTCER 3.(A)(iii) + Definition)

Any period

Service other than as a casual employee (casual pursuant to PSEA 21.2 or a specified period of less than three (3) months) in the office of a minister or the leader of the opposition in the House of Commons, and service in Part I Service immediately prior to such service provided that such person ceased to be employed in such office because the person holding such position ceased to hold it.

(Ref.: PSTCER 3.(A)(iv) + Definition)

Five (5) working days or less

Immediately prior service in Part I Service or the Public Service (PSSA) as a casual employee (casual pursuant to PSEA 21.2 or a specified period of less than three (3) months), provided that such service is not separated by more than five (5) working days.

(Ref.: PSTCER 3.(A)(v) + Definition)

In respect of a person appointed to Part I Service on an indeterminate or a specified period of three (3) months or more basis following lay-off from Part I Service

(PSTCER 3.(B))

Any period

All prior continuous employment at the time the person was laid off and all service between the date of initial lay-off and subsequent indeterminate or a specified period of three (3) months or more appointment in Part I Service or the Public Service (PSSA).

(Ref.: PSTCER 3.(B)(i) + Definition)

In respect of a person appointed to Part I Service as a casual employee

(PSTCER 3.(C))

Five (5) working days or less

Immediately prior service in Part I Service or the Public Service (PSSA) as a casual employee (casual pursuant to PSEA 21.2 and specified period of less than three (3) months).

(Ref.: PSTCER 3.(C)(i) + Definition)

Up to three (3) calendar months

Immediately prior service in Part I Service or the Public Service (PSSA) on an indeterminate basis, or on a specified term basis for three (3) months or more.

(Ref.: PSTCER 3.(C)(ii) + Definition)

Any period

Periods of service that constituted continuous employment for such person prior to that person's lay-off from Part I Service or the Public Service (PSSA).

(Ref.: PSTCER 3.(C)(iii) + Definition)

1 Tenure as a part-time worker, a seasonal employee or a student is also considered as prior service for continuous employment purposes.

2.1.1 Part-time employment

An employee who works less than the scheduled work week (SWW) hours for the occupational group of the position is subject to the same provisions for continuous employment calculation as the full-time employee.

To determine the continuous employment date for severance pay purposes, the actual full years are to be counted.

Note: Periods of employment as a part-time worker are also to be considered when determining the continuous employment date.

Example

An employee in the CS group was appointed on December 1, 1980, on a part-time basis with an assigned work week (AWW) of 22.50 hours per week (CS group SWW = 37.50 hours).

Effective February 25, 1995, the AWW was amended to 35 hours per week.

The employee resigned at 46 years of age, and the last day at work was on Friday, July 18, 2003.

The continuous employment period for this employee was on December 1, 1980 to July 18, 2003 (22 years and 230 days).

As per the CS collective agreement, to be entitled to severance pay on resignation, the employee must have at least 10 years of continuous employment. The entitlement of one-half 0.50 week's pay is based on each complete year of continuous employment.

The severance pay benefits for this employee are based on the number of complete years, which is 22.

For the complete calculation of the severance pay benefit for this employee refer to Section 5.2, Example 1 of sthe Severance pay module.

2.1.2 Seasonal employment

An employee, who performs seasonal duties for the occupational group of the position, is subject to the same provisions for continuous employment calculations as the full-time employee.

Each year of seasonal employment is deemed to be equal to a complete year of continuous employment.

In determining the continuous employment date for severance pay purposes for a seasonal employee, one complete year of seasonal employment is equal to one complete year of continuous employment.

Example

An employee in the PM group under the PA collective agreement was appointed on April 1, 1991, as a seasonal employee.

The season consisted of five (5) months each year from April 1 to August 31.

The employee resigned at age 35, and the last day of work was on August 31, 2003.

The continuous employment for this employee was from April 1, 1991, to August 31, 2003.

As per the PA collective agreement, to be entitled to severance pay on resignation, the employee must have at least 10 years of continuous employment. The entitlement of one-half 0.50week's pay is based on each complete year of continuous employment.

Since the employee has 12 years of seasonal employment and meets the requirement of 10 years of continuous employment, the employee is entitled to the severance pay benefits.

Refer to Section 5.5, Example 1 of the Severance pay module for the complete calculation of the severance pay benefit for this employee.

2.1.3 Student employment

As per the Terms and Conditions of Employment for Students, if a student employed under a student employment program is subsequently appointed to the Public Service, assignments may be counted as continuous employment provided they meet the relevant criteria of the PSTCER 3 and 4.

2.2 Special provisions

Organizations that form part of the Public Service for purposes of the Public Service Superannuation Act include such employers as Canada Revenue Agency (CRA), Atomic Energy of Canada Limited (AECL) and Canadian Food Inspection Agency (CFIA). Therefore, previous employment with such organizations can be considered when determining continuity of employment. Of course, any break between periods of employment must not exceed the allowable breaks. Also, only persons laid off from organizations listed under the Public Service Staff Relations Act (PSSRA), Schedule 1, Part I are eligible to be treated as lay-off under the PSTCER.

The Population Affiliation Report is a reference tool that provides information on departments, agencies, Crown Corporations and other Government of Canada entities, in particular their affiliation to the major acts governing personnel administration/management in the Public Service and to the various personnel data systems set up to support this legislation and administration.

A list of the different types of organizations in the Public Service are included in Appendix A: The Public Service for the Purposes of the Public Service Terms and Conditions Employment Regulations.

  • PSSRA 1 - departments and other portions of the public service specified in Part I of Schedule I of the Public Service Staff Relations Act for which Treasury Board is the employer;
  • PSSRA 2 - portions of the public service specified in Part II of Schedule I of the Public Service Staff Relations Act that are separate employers;
  • corp - Crown Corporations and other corporate interests as they appear in the Public Accounts of Canada; and
  • misc - miscellaneous organizations whose members are appointed by Ministers or by Governor in Council.

2.3 Termination of employment - PSTCER (4)

Any period of service prior to a termination of employment for reason of breaches of discipline or misconduct (FAA 11(2)(f)) or declaration of abandonment of position does not constitute continuous employment.

Example

Prior service: Part I Service

A full-time employee in the AS group under the PA collective agreement is hired as an indeterminate employee, which is effective on October 3, 1977.

The employee was terminated for incompetence, and the last day of employment was on Friday, April 19, 2002. The employee was struck-off strength (SOS) on Saturday, April 20, 2002. The reason for the termination is incompetence.

The employee had accumulated seven (7) days of sick leave credits as of April 19, 2002.

New appointment to Part I Service

The employee was reappointed as an indeterminate employee, which is effective on May 6, 2002, in the CR group under the PA collective agreement.

 

Prior service

Break

New appointment

Indeterminate

October 3, 1977 to April 19, 2002

Released for incompetence - no entitlement to severance pay benefits

Seven (7) days sick leave credits

 

April 20, 2002 to May 5, 2002

Indeterminate

May 6, 2002

 

24 years and 199 days

16 days

  

As of May 6, 2002, the employee meets all of the criteria under the PSTCER 3.(A)(i) but does not meet the criteria under the PSTCER 4 because the reason for termination was incompetence. Therefore, the continuous employment date is on May 6, 2002. The employee will not be credited with the 24 years and 199 days of continuous employment and the seven (7) days sick leave credits on reappointment.

When determining the employee's eligibility to severance pay, the date used is on May 6, 2002.

The employee's prior service from October 3, 1977, to April 19, 2002, can be used in determining the employee's anniversary date for leave purposes as per the PA collective agreement. Refer to the Continuous/discontinuous service module for additional information.

2.4 New appointment to Part I Service as an indeterminate employee or for a specified period of three (3) months or more (PSTCER 3.(A))

2.4.1 Prior service in Part I Service or the Public Service (PSSA) - Indeterminate, a specified period of three (3) months or more, or students (PSTCER 3.(A)(i))

When a person appointed as an indeterminate employee or a specified period appointment of three (3) months or more ceases to be employed for a reason other than lay-off or termination for cause and is re-employed within three (3) calendar months, then the period of employment prior to and after the break shall count as continuous employment.The calculation of continuous employment includes immediate prior service as a student engaged in Student Employment Program in the Federal Government under Part I Service, provided the employee meets the relevant criteria of the PSTCER 3 and 4.

Example 1: End of term

Prior service: Part I Service

A full-time term employee in the SI group under the EC collective agreement was hired for a specified period of three (3) months or more from June 18, 2001, to July 11, 2003, inclusive.

The employee's last day of employment was on Friday, July 11, 2003, and was struck-off strength (SOS) on July 12, 2003. The reason for the termination was end of term.

The employee had accumulated 10 days of sick leave credits.

New appointment to Part I Service

The employee was reappointed as a specified period appointment of three (3) months or more for the period of October 14, 2003, to March 19, 2004, in the AS group under the PA collective agreement.

In accordance with the EC collective agreement, the employee was not entitled to the payment of severance pay given that the termination of employment was at the end of a specified term appointment.

Prior service

Break

New appointment

Specified period of three (3) months or more

June 18, 2001 to July 11, 2003

End of term

10 days sick leave credits


July 12, 2003 to October 13, 2003

Specified period of three (3) months or more

October 14, 2003 to March 19, 2004

Two (2) years and 24 days

Three (3) months + one (1) day

158 days

As of October 14, 2003, the employee does not meet the criteria under the PSTCER 3.(A)(i) because the break in service is three (3) months or more; therefore, the continuous employment date is on October 14, 2003.

When determining the employee's eligibility to severance pay, the date used is October 14, 2003.

The employee's prior service from June 18, 2001, to July 11, 2003, can be used in determining the employee's anniversary date for leave purposes as per the PA collective agreement, because on leaving the Public Service, the employee did not receive severance pay benefits. Refer to the Continuous/discontinuous service module for additional information.

Example 2: Resignation prior to the end of term

Prior service: Part I Service

A full-time term employee in the SI group under the EC collective agreement was hired for a specified period of three (3) months or more from June 18, 2001 to July 31, 2003, inclusive.

The employee resigns prior to the end of the specified term at 28 years of age, and the last day of employment was on Wednesday, July 30, 2003. The employee was struck-off strength (SOS) on July 31, 2003. The reason for the termination was resignation.

The employee has accumulated seven (7) days of sick leave credits as of July 30, 2003.

New appointment to Part I Service

The employee was reappointed as an indeterminate employee, which is effective on September 25, 2003, in the AS group under the PA collective agreement.

In accordance with the EC collective agreement, the employee was not entitled to severance pay under the resignation article, as the employee did not complete 10 years of continuous employment on termination of employment.

Prior service

Break

New appointment

Specified period of three (3) months or more

June 18, 2001 to July 30, 2003

Resignation - no entitlement to severance pay benefits

Seven (7) days sick leave credits


July 31, 2003 to September 24, 2003

Indeterminate

September 25, 2003

Two (2) years and 43 days

56 days

  

As of September 25, 2003, the employee meets the criteria under the PSTCER 3.(A)(i) as the break is less than three (3) months. Therefore, the continuous employment date remains on June 18, 2001, and the employee is credited with two (2) years and 43 days of continuous employment and seven (7) days of accumulated sick leave credits on reappointment.

When determining the employee's eligibility to severance pay, the date used is June 18, 2001. However, when calculating the severance pay benefits, the break between the periods of employment from July 31, 2003, to September 24, 2003, will reduce the period.

The employee's prior service from June 18, 2001, to July 30, 2003, will also be used in determining the employee's anniversary date for leave purposes as per the PA collective agreement. Refer to the Continuous/discontinuous service module for further clarification.

Example 3: Resignation prior to the end of term - received severance pay

Prior service: Part I Service

A full-time term employee in the SI group under the EC collective agreement was hired for a specified period of three (3) months or more from June 18, 2001, to July 31, 2003, inclusive.

The employee resigned prior to the end of the specified term at 53 years of age and the last day of employment was on Wednesday, July 30, 2003. The employee was struck-off strength (SOS) on July 31, 2003. The reason for the termination was resignation. The employee received severance pay benefits.

The employee had accumulated 18 days of sick leave credits as of July 30, 2003.

New appointment to Part I Service

The employee is reappointed for a specified period appointment of three (3) months or more from September 25, 2003, to January 23, 2004, in the AS group under the PA collective agreement.

Since, under the PSSA, the employee has the option of an annual allowance on the date of SOS, there is an entitlement to severance pay.

As the employee left the Public Service (PSSA) prior to the end of the specified term and was entitled to an annual allowance under the Public Service Superannuation Act (PSSA), then the termination of employment is considered a retirement for severance pay purposes as per the EC collective agreement.

Prior service

Break

New appointment

Specified period of three (3) months or more

June 18, 2001 to July 30, 2003

Resignation - severance pay benefits paid

18 days sick leave credits


July 31, 2003 to September 24, 2003

Specified period of three (3) months or more

September 25, 2003 to January 23, 2004

Two (2) years and 43 days

56 days

121 days

As of September 25, 2003, the employee meets the criteria under the PSTCER 3.(A)(i), therefore, the continuous employment date remains on June 18, 2001. The employee is credited with two (2) years and 43 days of continuous employment and 18 days of sick leave credits on reappointment.

When determining the employee's eligibility to severance pay, the date used is June 18, 2001. However, when calculating the severance pay benefits, the period of employment for which the employee received severance pay benefits from June 18, 2001, to July 30, 2003, and the break between the periods of employment from July 31, 2003, to September 24, 2003, will reduce the period.

As per the PA collective agreement, the period of employment from June 18, 2001, to July 30, 2003, shall not count towards the calculation of the years of service for leave purposes given that the employee received severance pay benefits on termination of employment. Refer to the Continuous/discontinuous service module for further clarification.

Example 4: End of student employment program

Prior service: Public Service (PSSA)

A full-time student understudying and performing part of the duties of an ES position under the EC collective agreement was hired for the period of May 5, 2003, to August 29, 2003, inclusive.

The student's last day of employment was on Friday, August 29, 2003, and was struck-off strength (SOS) on August 30, 2003. The reason for the termination was end of student employment program.

Under the Terms and Conditions of Employment for Students, the student is not entitled to paid sick leave and does not accrue sick leave credits.

New appointment to Part I Service

The employee is reappointed as an indeterminate employee, which is effective on September 8, 2003, in the ES group under the EC collective agreement.

There are no provisions under the Terms and Conditions of Employment for Students for payment of severance pay.

Prior service

Break

New appointment

Student

May 5, 2003 to August 29, 2003

End of student employment program - No entitlement to severance pay benefits

Sick leave credits is 0.33 of what would have been earned if student employment was a period of employment in Part I Service

 

August 30, 2003 to September 7, 2003

Indeterminate

September 8, 2003

117 days

Five (5) working days

  

As of September 8, 2003, the employee meets the criteria under the PSTCER 3.(A)(i). Therefore, the continuous employment date remains on May 5, 2003, and the employee is credited with 117 days of continuous employment.

As per the PSTCER 16 (a), when no provisions is made for the earning of sick leave credits, the employee shall be deemed to have earned 0.33 of the leave the employee would have earned if the employment in the Public Service had been employment in Part I Service.

For the period of May 5, 2003 to August 29, 2003, the student employment period considered as periods of employment in Part I Service, the employee would have accumulated 1.25 days for four (4) months for a total of five (5) days as per the EC collective Agreement.

The employee is credited with 0.33 of five (5) days of sick leave credits, which is 1.66 days of sick leave credits on reappointment.

When determining the employee's eligibility to severance pay, the date used is on May 5, 2003. However, when calculating the severance pay benefits, the break between periods of employment from August 29, 2003, to September 7, 2003, will reduce the period.

The employee's prior service from May 5, 2003, to August 29, 2003, does not count when determining the employee's anniversary date for leave purposes as per the EC collective agreement. Refer to Continuous/discontinuous service module for further clarification.

Example 5: End of student employment program

Prior service: Public Service (PSSA)

A part-time student understudying and performing part of the duties of a PM position under the PA collective agreement was hired for the period of April 8, 2003, to September 11, 2003, inclusive.

The student's assigned work week (AWW) is 22.50 hours (Monday and Friday scheduled non work days).

The employee's last day of employment was on Thursday, September 11, 2003, and was struck-off strength (SOS) on September 12, 2003. The reason for the termination was end of student employment program.

Under the Terms and Conditions of Employment for Students, the student is not entitled to paid sick leave and does not accrue sick leave credits.

New appointment to Part I Service

The employee was reappointed as an indeterminate full-time employee, which is effective on September 15, 2003, in the PM group under the PA collective agreement.

There are no provisions under the Terms and Conditions of Employment for Students for payment of severance pay.

Prior service

Break

New appointment

Student - part-time,
AWW = 22.50 hours

April 8, 2003 to September 11, 2003

End of student employment program - No entitlement to severance pay benefits

Sick leave credits is 0.33 of what would have been earned if student employment was a period of employment in Part I Service


September 12, 2003 to September 14, 2003

Indeterminate

September 15, 2003

157 days

One (1) working day

  

As of September 15, 2003, the employee meets the criteria under the PSTCER 3.(A)(i). Therefore, the continuous employment date remains on April 8, 2003, and the employee is credited with 157 days of continuous employment.

As per the PSTCER 16 (a), when no provisions is made for the earning of sick leave credits, the employee shall be deemed to have earned 0.33 of the leave the employee would have earned if the employment in the Public Service had been employment in Part I Service.

For the period of April 8, 2003 to September 11, 2003, the student employment period considered as periods of employment in Part I Service, the employee would have accumulated 0.25 day of the number of hours in the student's AWW for five (5) months for a total of 3.75 days as per the PA collective agreement.

The employee is credited with 0.33 of 3.75 days of sick leave credits, which is 1.25 days of sick leave credits on reappointment.

When determining the employee's eligibility to severance pay, the date used is on April 8, 2003. However, when calculating the severance pay benefits, the break between periods of employment on September 12, 2003, will reduce the period.

The employee's prior service from April 8, 2003, to September 11, 2003, does not count in determining the employee's anniversary date for leave purposes as per the PA collective agreement. Refer to Continuous/discontinuous service module for further clarification.

2.4.2 A combination of prior service in Part I Service and the Public Service (PSSA) - Indeterminate or a specified period of three (3) months or more (PSTCER 3.(A)(ii))

When a person appointed as an indeterminate employee or a specified period appointment of three (3) months or more who previously had a combination of prior service in Part I Service and the Public Service ceases to be employed for a reason other than lay-off or termination for cause and is re-employed within a period of three (3) calendar months, then the period of employment prior to and after the break shall count as continuous employment.

Example: End of term

Prior service: Part I Service

A full-time employee in the SI group under the EC collective agreement was hired for a specified period of three (3) months or more from July 17, 2000, to August 28, 2002, inclusive.

The employee's last day of employment was on Wednesday, August 28, 2002, and was struck-off strength (SOS) on August 29, 2002. The reason for the termination was end of term.

The employee had accumulated seven (7) days of sick leave credits as of August 28, 2002.

Prior service: Public Service (PSSA)

A full-time employee with Canada Revenue Agency (CRA) hired for a specified period of three (3) months or more from November 25, 2002, to March 28, 2003, inclusive.

The employee's last day of employment was on Friday, March 28, 2003, and was struck-off strength (SOS) on March 29, 2003. The reason for the termination was end of term.

The employee had liquidated all of the sick leave credits as of March 28, 2003.

New appointment to Part I Service

The employee is reappointed as an indeterminate employee, which is effective on April 21, 2003, in the AS group under the PA collective agreement.

In accordance with the EC collective agreement, the employee is not entitled to the payment of severance pay since the reason for the termination is an end of term. The employee is also not entitled to the payment of a severance pay for the CRA employment.

Prior service

Break

Prior service

Break

New appointment

Specified period of three (3) months or more

July 17, 2000 to August 28, 2002

End of term - no entitlement to severance pay benefits

Seven (7) days sick leave credits

 

 

August 29, 2002 to November 24, 2002

Specified period of three (3) months or more

November 25, 2002 to March 28, 2003

End of term - no entitlement to severance pay benefits

No sick leave credits



March 29, 2003 to April 20, 2003

Indeterminate

April 21, 2003

Two (2) years and 43 days

88 days

124 days

23 days

  

As of April 21, 2003, the employee meets the criteria under the PSTCER 3.(A)(ii). Therefore, the continuous employment date remains on July 17, 2000, and the employee is credited with a total of two (2) years and 167 days (2 years and 43 days + 124 days) of continuous employment on reappointment.

When determining the employee's eligibility to severance pay, the date used is on July 17, 2000. However, when calculating the severance pay benefits, the breaks between the periods of employment in Part I Service and the Public Service (PSSA) from August 29, 2002, to November 24, 2002, and March 29, 2003, to April 20, 2003, will reduce the period.

The employee's prior service from July 17, 2000, to August 28, 2002, and November 25, 2002, to March 28, 2003, will also be used in determining the employee's anniversary date for leave purposes as per the PA collective agreement. Refer to the Continuous/discontinuous service module for further clarification.

2.4.3 Prior service - Canadian Forces (CF) / Royal Canadian Mounted Police (RCMP) (PSTCER 3(A)(iii))

Service with the Canadian Forces or the RCMP does not constitute continuous employment. However, it is deemed continuous employment provided that the employee has:

  • been honourably released;
  • made or will make a valid election to contribute for that service under the PSSA; and
  • a break in employment that is less than three (3) months.

The effective date on which the employee is credited with the prior service for continuous employment purposes is the date on which the employee meets all of the criteria.

The above conditions do not have to be met simultaneously. An employee who was honourably released from the Canadian Forces or the RCMP could be hired for a specified period of three (3) months or more within the allowable break, and subsequently, be appointed on an indeterminate basis, and make a valid election years later.

The employee is deemed to have continuous employment once all three (3) conditions are met and only from the date when the last condition is met.

Note: To be eligible to count the former RCMP or CF service, the employee must surrender the full pension. For instance, a former RCMP or CF member who took a return of contributions and subsequently becomes employed in the public service must elect to count all of the previous service. If the employee elects to count only a portion of the previous service, then the three (3) conditions are not met and consequently, the previous service cannot be counted.

Example 1(a): Former RCMP member who is in receipt of an immediate annuity

Prior service: RCMP

A RCMP member with 25 years and 200 days service retires from the force on November 30, 2001, with a honourable release and in receipt of an immediate annuity.

New appointment to Part I Service

The person is appointed as an indeterminate employee, which is effective on January 14, 2002, in the PM group under the PA collective agreement. At that time, the employee does not surrender the RCMP pension.

On April 1, 2003, the employee surrenders the benefits for the service with the RCMP by completing the PWGSC-TPSGC 2092 "Election to Surrender Benefits" form.

 

Prior service

Break

New appointment

RCMP employment

Hired as of May 15, 1976, retires end of business Friday, November 30, 2001

  • honourable release
  • immediate annuity

 

December 1, 2001 to January 13, 2002

Indeterminate

January 14, 2002

 

25 years and 200 days

44 days

  

As of January 14, 2002, the employee does not meet all of the criteria under the PSTCER 3.(A)(iii), therefore, the continuous employment date is January 14, 2002. At this time, the employee cannot be credited with the 25 years and 200 days of continuous employment and sick leave credits on reappointment.

As of April 1, 2003, the employee surrendered the full RCMP pension and meets all of the criteria.

When determining the employee's eligibility to severance pay, the 25 years and 200 days of service with the RCMP is included in the calculation, as well as the continuous employment service since January 14, 2002. However, the break between periods of employment from December 1, 2001, to January 13, 2002, will reduce the period.

The prior RCMP service of 25 years and 200 days is now used in determining the employee's sick leave entitlement as per Section 2.7 Sick leave credits of this module. The sick leave credits are available to the employee only as of April 1, 2003.

Example 1(b): Former RCMP member who is in receipt of an immediate annuity

The employee in Example 1(a) retired at 61 years of age. The last day of employment is on Friday, February 13, 2004.

The employee's continuous employment date was on May 15, 1976, with an allowable break between periods of employment from December 1, 2001, to January 13, 2002.

As per the PA collective agreement to be entitled to severance pay on retirement, the employee must be entitled to an immediate annuity or an annual allowance. The entitlement is one (1) week's pay for each complete year of continuous employment. In the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment, then divided by 365 days to a maximum of 30 weeks' pay.

 

Prior service

Break

New appointment

RCMP employment

Hired as of May 15, 1976, retires end of business Friday, November 30, 2001

  • honourable release
  • immediate annuity

 

December 1, 2001 to January 13, 2002

Indeterminate

January 14, 2002 to February 13, 2004

 

25 years and 200 days

44 days

Two (2) years and 31 days

As of April 1, 2003, the employee met all of the criteria under PSTCER 3.(A)(iii). Therefore, when determining the employee's eligibility to severance pay on retirement, the date used is on May 15, 1976.

The severance pay benefits for this employee are therefore based on the number of complete and partial years, less the period of service in respect of which severance pay benefits had been previously paid. Refer to Section 5.9 - The Severance pay module, for additional information. The severance pay entitlement is 2.08 weeks (two (2) years and 31 days).

Note: When determining the severance pay benefits of an employee with previous CF or RCMP service, and this period of employment is included in the current calculation to determine the severance pay eligibility, then the period for which the severance pay benefits was paid previously and not the amount or the number of weeks is subtracted from the current entitlement. Refer to Section 5.9: The Severance pay module for examples.

2.4.4 Prior service in Part I Service - Ministers' exempt staff (PSTCER 3.(A)(iv))

Service other than as a casual employee in the office of a minister, or the leader of the opposition in the House of Commons, and service in Part I Service immediately prior to such service constitutes continuous employment. This applies if the person who ceases to be employed, regardless of the length of the break, ceased to be employed in such office because the person holding such position ceased to hold it.

Example 1: Minister leaves office

Prior service: Ministers' exempt staff

A full-time term employee in the AS group had employment as a Ministers' exempt staff from February 1, 1999, to January 24, 2003, inclusive.

The employee's last day of employment was on Thursday, January 24, 2003, and was struck-off strength (SOS) on January 25, 2003. The reason for the termination was cessation of order-in-council appointment - change of ministry.

New appointment to Part I Service

The person was reappointed on an indeterminate full-time basis, which is effective on September 25, 2003, in the AS group under the PA collective agreement.

In accordance with the Guidelines for the Ministers' Offices, the employee is entitled to the payment of severance pay regardless of the reason for the termination of employment.

Prior service

Break

New appointment

Ministers' exempt staff

February 1, 1999 to January 24, 2003

Discontinuance of a function - entitlement to severance pay benefits

 

January 25, 2003 to September 24, 2003

Indeterminate

September 25, 2003

Three (3) years and 358 days

242 days

  

Regardless of the length of the break between employment periods as of September 25, 2003, the employee meets the criteria under the PSTCER 3.(A)(iv).Therefore, the continuous employment date remains on February 1, 1999, and the employee is credited with three (3) years and 358 days of continuous employment on reappointment.

When determining the employee's eligibility to severance pay, the date used is February 1, 1999. However, when calculating the severance pay benefits, the period of employment for which the employee received severance pay benefits from February 1, 1999, to January 24, 2003, and the break between periods of employment from January 25, 2003, to September 24, 2003, will reduce the period.

The employee's prior service from February 1, 1999 to January 24, 2003, will also be used in determining the employee's anniversary date for leave purposes as per the PA collective agreement. Refer to the Continuous/discontinuous service module for additional information.

2.4.5 Prior service in Part I Service or the Public Service (PSSA) - Casual employee (PSTCER 3.(A)(v))

The calculation of continuous employment includes immediate prior service as a casual employee under Part I Service, provided that the break in service does not exceed five (5) working days, and the reason for termination is other than for cause.

Example 1: End of casual employment as per PSEA 21.2

Prior service: Part I Service

A full-time employee in the CR group under the PA collective agreement was hired as a casual employee from June 23, 2003, to September 12, 2003, inclusive.

The employee's last day of employment was on Friday, September 12, 2003, and was struck-off strength (SOS) on September 13, 2003. The reason for the termination was end of term as a casual employee.

The employee had accumulated 3.75 days of sick leave credits as of September 12, 2003.

New appointment to Part I Service

The employee is reappointed as an indeterminate employee, which is effective on September 22, 2003, in the AS group under the PA collective agreement.

In accordance with the PA collective agreement, the employee is not entitled to severance pay since the termination of the employment was at the end of a specified term as a casual employee.

Prior service

Break

New appointment

Casual employee

June 23, 2003 to September 12, 2003

End of term - no entitlement to severance pay benefits

3.75 days sick leave credits

 

September 13, 2003 to September 21, 2003

Indeterminate

September 22, 2003

82 days

Five (5) working days

  

As of September 22, 2003, the employee meets the criteria under the PSTCER 3.(A)(v). Therefore, the continuous employment date remains on June 23, 2003, and the employee is credited with 82 days of continuous employment and 3.75 days of accumulated sick leave credits on reappointment.

When determining the employee's eligibility to severance pay, the date used is on June 23, 2003. However, when calculating the severance pay benefits, the break between periods of employment from September 13, 2003, to September 21, 2003, will reduce the period.

The employee's prior service from June 23, 2003, to September 12, 2003, will also be used in determining the employee's anniversary date for leave purposes as per the PA collective agreement. Refer to the Continuous/discontinuous service module for further clarification.

Example 2: End of casual employment as per PSEA 21.2

Prior service: Part I Service

A part-time employee with an assigned work week (AWW) of 22.50 hours (Monday and Friday scheduled non work days) in the CR group under the PA collective agreement was hired as a part-time casual employee from April 8, 2003, to September 11, 2003, inclusive.

The employee's last day of employment was on Thursday, September 11, 2003, and was struck-off strength (SOS) on September 12, 2003. The reason for the termination was end of term as a casual employee.

The employee had accumulated 33.75 hours of sick leave credits as of September 11, 2003.

New appointment to Part I Service

The employee was reappointed as an indeterminate full-time employee, which is effective on September 15, 2003, in the AS group under the PA collective agreement.

In accordance with the PA collective agreement, the employee is not entitled to severance pay since the termination of employment was the end of a specified term as a casual employee.

Prior service

Break

New appointment

Casual employee - part-time,
AWW = 22.50 hours

April 8, 2003 to September 11, 2003

End of term - no entitlement to severance pay benefits

33.75 hours sick leave credits


September 12, 2003 to September 14, 2003

Indeterminate

September 15, 2003

157 days
(69 casual days)

One (1) working day

  

As of September 15, 2003, the employee meets the criteria under the PSTCER 3.(A)(v). Therefore, the continuous employment date remains on April 8, 2003, and the employee is credited with 157 days of continuous employment and 33.75 hours of accumulated sick leave credits on reappointment.

When determining the employee's eligibility to severance pay, the date used is on April 8, 2003. However, when calculating the severance pay benefits, the break of September 12, 2003 to September 14, 2003 between the periods of employment will reduce the period.

The employee's prior service from April 8, 2003, to September 11, 2003, will also be used in determining the employee's anniversary date for leave purposes as per the PA collective agreement. Refer to the Continuous/discontinuous service module for further clarification.

Example 3: End of casual employment

Prior service: Public Service (PSSA)

A full-time employee with Canada Revenue Agency (CRA) hired as a casual employee from September 10, 2001, to November 16, 2001, inclusive.

The employee's last day of employment was on Friday, November 16, 2001, and was struck-off strength (SOS) on November 17, 2001. The reason for the termination was end of term.

The employee had accumulated 28.125 hours of sick leave credits as of November 16, 2001.

New appointment to Part I Service

The employee was reappointed as a casual employee for the period of November 28, 2001 to February 22, 2002, in the AS group under the PA collective agreement.

The employee is not entitled to severance pay since the termination of employment was the end of a specified term as a casual employee.

Prior service

Break

New appointment

Casual employee

September 10, 2001 to November 16, 2001

End of term - no entitlement to severance pay benefits

28.125 hours sick leave credits

 

November 17, 2001 to November 27, 2001

Casual employee

November 28, 2001 to February 22, 2002

68 days

Seven (7) working days

87 days

As of November 28, 2001, the employee does not meet the criteria under the PSTCER 3.(A)(v) because the break in employment is greater than five (5) working days. Therefore, the continuous employment date is on November 28, 2001.

The employee will not be credited with 68 days of continuous employment or 28.125 hours of accumulated sick leave credits on reappointment.

When determining the employee's eligibility to severance pay, the date used is on November 28, 2001.

The employee's prior service from September 10, 2001 to November 16, 2001, can be used in determining the employee's anniversary date for leave purposes as per the PA collective agreement. Refer to the Continuous/discontinuous service module for further clarification.

2.5 New appointment to Part I Service as an indeterminate employee, or for a specified period of three (3) months or more (PSTCER 3.(B))

2.5.1 Prior service in Part I Service or the Public Service (PSSA) - Lay-off (PSTCER 3.(B)(i))

All prior periods of continuous employment at the time the employee was laid-off which includes any periods of service that constituted continuous employment between the initial lay-off from Part I Service, or the Public Service and the subsequent indeterminate appointment, or a specified period of three (3) months or more to Part I Service, regardless of the length of the break, count for continuous employment.

Example 1: Lay-off and the employee received severance pay

Prior service: Part I Service

A full-time employee in the IS group under the PA collective agreement was hired on an indeterminate basis, which is effective on March 28, 1983.

The employee was declared surplus and scheduled for lay-off, which is effective on March 31, 1998. The employee was struck-off strength (SOS) on April 1, 1998. The reason for the termination was a 1st lay-off. The employee received severance pay benefits.

The employee had accumulated 25 days of sick leave credits as of March 31, 1998.

Prior Service: Term appointment to Part I Service

The employee was reappointed for a specified period of less than three (3) months from July 6, 1998 to August 28, 1998, in the AS group under the PA collective agreement. The employee was struck-off strength (SOS) on August 29, 1998.

Prior Service: Term appointment to Part I Service

The employee was reappointed for a specified period of less than three (3) months from March 22, 1999, to May 20, 1999, in the SI group under the EC collective agreement. The employee was struck-off strength (SOS) on May 21, 1999.

New appointment to Part I Service

The employee was reappointed as an indeterminate employee, which is effective on November 15, 2000, in the AS group under the PA collective agreement.

Since the employee was laid off from the Public Service (PSSA) on March 31, 1998, and the termination of employment was considered a 1st lay-off for severance pay purposes, then the employee was paid severance pay as per the PA collective agreement.

Prior service

Break

New appointment

Break

Indeterminate

March 28, 1983 to March 31, 1998

1st lay-off - severance pay benefits paid

25 days sick leave credits


April 1, 1998 to July 5, 1998

Specified period of less than three (3) months

July 6, 1998 to August 28, 1998

End of term

2.50 days sick leave credits


August 29, 1998 to March 21, 1999

15 years and 4 days

96 days

54 days

205 days

 

New appointment

Break

New appointment

Specified period of less than three (3) months

March 22, 1999 to May 20, 1999

End of term

2.50 days sick leave credit


May 21, 1999 to November 14, 2000

Indeterminate

November 15, 2000

60 days

One (1) year and 178 days

  

As of November 15, 2000, the employee meets the criteria under the PSTCER 3.(B)(i). Therefore, the continuous employment date remains on March 28, 1983, and the employee is credited with a total of 15 years and 118 days (15 years and 4 days + 54 days + 60 days) of continuous employment. The employee will also be credited with 30 days (25 days + 2.50 days + 2.50 days) of sick leave credits on reappointment.

The specified period term appointments, following the lay-off, do not affect the continuous employment of the employee. Once the employee is appointed as an indeterminate employee or for a specified period of three (3) months or more, then the previous indeterminate employment plus the periods of the specified period term employment are counted in the calculation of the continuous employment.

When determining the employee's eligibility to severance pay, the date used is on March 28, 1983. However, when calculating the severance pay benefits, the period of employment for which the employee received severance pay benefits from March 28, 1983, to March 31, 1998, and the breaks between periods of employment from April 1, 1998, to July 5, 1998, August 29, 1998, to March 21, 1999, and May 21, 1999, to November 14, 2000, will reduce the period.

As per the PA collective agreement, the period of employment from March 28, 1983, to March 31, 1998, shall not count towards the calculation of the years of service for leave purposes as the employee received severance pay, and the reappointment to the Public Service (PSSA) is beyond the one year of the lay-off date.

The employee's prior periods of service from July 6, 1998, to August 28, 1998, and from March 22, 1999, to May 20, 1999, can be used in determining the employee's anniversary date for leave purposes as per the PA collective agreement. Refer to the Continuous/discontinuous service module for further clarification.

Example 2: Lay-off and the employee received severance pay

Prior service: PSSA Service

A full-time employee with National Capital Commission (NCC) was hired on an indeterminate basis, which is effective on March 27, 2000.

The employee was declared surplus and scheduled for lay-off, which is effective on March 29, 2002. The employee was struck-off strength (SOS) on March 30, 2002. The reason for the termination was a 1st lay-off. The employee received severance pay benefits.

The employee had accumulated five (5) days of sick leave credits as of March 29, 2002.

Prior Service: Term appointment to Part I Service

The employee was reappointed for a specified period of less than three (3) months from March 24, 2003 to May 16, 2003, in the SI group under the EC collective agreement. The employee was struck-off strength (SOS) on May 17, 2003.

New appointment to Part I Service

The employee was reappointed as an indeterminate employee, which is effective on November 17, 2003, in the AS group under the PA collective agreement.

Since the employee was laid off on March 29, 2002, from the Public Service (PSSA), then the termination of employment was considered a 1st lay-off for severance pay purposes.

Prior service

Break

New appointment

Break

New appointment

Indeterminate with NCC

March 27, 2000 to March 29, 2002

1st lay-off - severance pay benefits paid

Five (5) days sick leave credits



March 30, 2002 to March 23, 2003

Specified period of less than three (3) months

March 24, 2003 to May 16, 2003



2.50 days sick leave credits



May 17, 2003 to November 16, 2003

Indeterminate

November 17, 2003

Two (2) years and three (3) days

359 days

54 days

184 days

  

As of November 17, 2003, the employee meets the criteria under the PSTCER 3.(B)(i). Therefore, the continuous employment date will remain on March 27, 2000, and the employee is credited with a total of two (2) years and 57 days (2 years and 3 days + 54 days) of continuous employment. The employee will also be credited with 7.50 days (5 days + 2.50 days) of sick leave credits on reappointment.

The specified period term appointment following the lay-off does not affect the continuous employment of the employee. Once the employee is appointed as an indeterminate employee or for a specified period of three (3) months or more, then the previous indeterminate employment plus the period of the specified period term employment are counted in the calculation of the continuous employment.

Note: A laid-off employee who subsequently accepts term employment and who completes the term, no longer enjoys lay-off status and the associated special conditions accorded to the re-employment of previously laid-off employees.

When determining the employee's eligibility to severance pay, the date used is on March 27, 2000. However, when calculating the severance pay benefits, the period of employment for which the employee received severance pay benefits from March 27, 2000, to March 29, 2002, and the breaks between periods of employment from March 30, 2002, to March 23, 2003, and May 17, 2003, to November 16, 2003, will reduce the period.

As per the PA collective agreement, the period of employment from March 27, 2000, to March 29, 2002, shall not count towards the calculation of the years of service for leave purposes as the employee received severance pay, and the reappointment to the Public Service (PSSA) is beyond the one year of the lay-off date.

The employee's prior period of service from March 24, 2003, to May 16, 2003, can be used in determining the employee's anniversary date for leave purposes as per the PA collective agreement. Refer to the Continuous/discontinuous service module for further clarification.

Example 3: Lay-off and the employee received severance pay

Prior service: Part I Service

A full-time employee in the IS group under the PA collective agreement was hired as an indeterminate employee, which is effective on March 28, 1983.

The employee was declared surplus and scheduled for lay-off, which is effective on March 31, 1998. The employee was struck-off strength (SOS) on April 1, 1998. The reason for the termination was a 1st lay-off. The employee received severance pay benefits.

The employee had accumulated 25 days of sick leave credits as of March 31, 1998.

Prior service: Term appointment to Part I Service

The employee was reappointed for a specified period of less than three (3) months from July 6, 1998, to August 28, 1998, in the AS group under the PA collective agreement. The employee was struck-off strength (SOS) on August 29, 1998.

New term appointment to Part I Service

The employee was reappointed for a specified period appointment of three (3) months or more from June 23, 2003 to March 5, 2004, in the SI group under EC collective agreement.

Since the employee was laid off on March 31, 1998, from the Public Service (PSSA), and the termination of employment was considered a 1st lay-off for severance pay purposes, the employee was paid severance pay as per the PA collective agreement.

Prior service

Break

New appointment

Break

New appointment

Indeterminate

 

March 28, 1983 to March 31, 1998

1st lay-off - severance pay benefits paid

25 days sick leave credits

 

 

April 1, 1998 to July 5, 1998

Specified period of less than three (3) months

July 6, 1998 to August 28, 1998

End of term

 

2.50 days sick leave credits

 

 

August 29, 1998 to June 22, 2003

Specified period of less than three (3) months

June 23, 2003 to March 5, 2004

15 years and four (4) days

96 days

54 days

Four (4) years and 298 days

257 days

As of June 23, 2003, the employee meets the criteria under the PSTCER 3.(B)(i). Therefore, the continuous employment date remains on March 28, 1983, and the employee is credited with a total of 15 years and 58 days (15 years and 4 days + 54 days) of continuous employment. The employee will also be credited with 27.50 days (25 days + 2.50 days) of sick leave credits on reappointment.

The term appointment, following the lay-off, does not affect the continuous employment of the employee. Once the employee is appointed as an indeterminate employee or for a specified period of three (3) months or more, the previous indeterminate employment plus the period of the specified term employment are counted in the calculation of the continuous employment.

When determining the employee's eligibility to severance pay, the date used is on March 28, 1983. However, when calculating the severance pay benefits, the period of employment for which the employee received severance pay benefits from March 28, 1983, to March 31, 1998, and the breaks between periods of employment from April 1, 1998, to July 5, 1998, and August 29, 1998, to June 22, 2003, will reduce the period.

As per the PA collective agreement, the period of employment from March 28, 1983, to March 31, 1998, shall not count towards the calculation of the years of service for leave purposes since the employee received severance pay, and the reappointment to the Public Service (PSSA) is beyond the one year of the lay-off date.

The employee's prior service from July 6, 1998, to August 28, 1998, can be used in determining the employee's anniversary date for leave purposes as per the PA collective agreement. Refer to the Continuous/discontinuous service module for additional information.

2.5.2 Prior service in Part I Service or the Public Service (PSSA) - Casual employee laid off prior to the end of specified period

An employee appointed as a casual employee who is laid off in Part I Service or the Public Service (PSSA) prior to the expiration of the specified period is considered to be in lay-off status for purposes of the PSTCER only. The lay-off status will extend to the expiry date of the specified period appointment from which the employee was laid off.

If the employee, while in the lay-off status as per the PSTCER is reappointed as an indeterminate employee or for a specified period of three (3) months or more within the original specified period end date, then the following applies:

  • the period of prior employment constitutes or counts as continuous employment; and
  • the period of prior employment is included in the three (3) month calculation of employment for terms and conditions of employment purposes.

Example 1: Lay-off prior to the end of specified period

Prior service: Specified period of less than three (3) months - Part I Service

The employee was appointed for a specified period of less than three (3) months from June 23, 2003, to September 12, 2003, in the AS group under the PA collective agreement. The employee was laid-off prior to the end of the specified period appointment, and the last day of employment was on Wednesday, August 13, 2003. The employee was struck-off strength (SOS) on August 14, 2003.

No payment in lieu of notice was issued because the employee did not complete three (3) months of continuous employment on the last day of employment.

New term appointment to Part I Service

The employee was reappointed for a specified period appointment of less than three (3) months from August 25, 2003, to November 7, 2003, in the SI group under EC collective agreement.

 

Prior service

Break

New appointment

Specified period of less than three (3) months

June 23, 2003 to September 12, 2003

  • Last day of employment: August 13, 2003
  • Lay-off prior to the end of term effective: August 14, 2003

No entitlement to payment in lieu of notice

1.25) days sick leave credits


August 14, 2003 to August 24, 2003

In lay-off status as per the PSTCER

Specified period of less than three (3) months

August 25, 2003 to November 7, 2003

52 days

11 days

75 days

As of August 25, 2003, the employee meets the criteria under the PSTCER 3.(C)(iii). Therefore, the continuous employment date remains on June 23, 2003, and the employee is credited with 52 days of continuous employment. The employee will also be credited with 1.25 days of sick leave credits on reappointment.

The term appointment, following the lay-off did not affect the continuous employment of the employee. Once the employee was appointed for a specified period of less than three (3) months then the prior service was included in the three-(3) month calculation of continuous employment for the terms and conditions of employment.

When determining the employee's eligibility to severance pay, the date used is on June 23, 2003. However, when calculating the severance pay benefits, the break between periods of employment from August 14, 2003, to August 24, 2003, will reduce the period.

As per the PA collective agreement, the period of employment from June 23, 2003 to August 13, 2003, shall count towards the calculation of the years of service for leave purposes. Refer to the Continuous/discontinuous service module for additional information.

Example 2: Lay-off prior to the end of the casual employment as per PSEA 21.2

Prior service: Casual as per PSEA 21.2 - Part I Service

A part-time employee with an assigned work week (AWW) of 22.50 hours (Monday and Friday scheduled non work days) in the CR group under the PA collective agreement was hired as a part-time casual employee for the period April 8, 2003, to September 11, 2003, inclusive.

Without a two weeks' notice in writing, the employee was laid-off prior to the end of the specified period appointment, and the last day of employment was on Thursday, July 17, 2003. The employee was struck-off strength (SOS) on July 18, 2003.

The employee was paid two (2) weeks' pay in lieu of notice.

The employee had accumulated 22.50 hours of sick leave credits as of July 16, 2003.

New appointment to Part I Service

The employee was reappointed as an indeterminate full-time employee, which is effective on August 18, 2003, in the AS group under the PA collective agreement.

As per PSTCER 61.(B), a casual employee, with at least three (3) months' continuous employment who is laid off prior to the end of the term and has not been given two (2) weeks' notice, shall receive compensation in lieu of notice. The compensation will equal two (2) weeks' pay, or pay to the end of the specified period, whichever is less.

Prior service

Break

New appointment

Casual employee - part-time,
AWW = 22.50 hours

April 8, 2003 to September 11, 2003

Last day of employment: July 17, 2003

Lay-off prior to the end of term effective: July 18, 2003

Entitlement to a two (2) weeks' pay in lieu of notice

22.50 hours sick leave credits


July 18, 2003 to August 17, 2003

Indeterminate

August 18, 2003

101 days
(45 casual days)

31 days

  

As of August 18, 2003, the employee meets the criteria under the PSTCER 3.(B)(i). Therefore, the continuous employment date remains on April 8, 2003, and the employee is credited with 101 days of continuous employment and 22.50 hours of accumulated sick leave credits on reappointment.

The two (2) week payment in lieu of notice is not considered severance pay. Therefore, when determining the employee's eligibility to severance pay, the date used is on April 8, 2003. However, when calculating the severance pay benefits, the break between periods of employment from July 18, 2003, to August 17, 2003, will reduce the period.

The employee's prior service from April 8, 2003, to July 17, 2003, will also be used in determining the employee's anniversary date for leave purposes as per the PA collective agreement. Refer to the Continuous/discontinuous service module for additional information.

2.6 New appointment to Part I Service as a casual employee (PSTCER 3.(C))

2.6.1 Prior service in Part I Service or the Public Service (PSSA) - Casual employee (PSTCER 3.(C)(i))

When a casual employee ceases to be employed under Part I Service or the Public Service and is re-employed as a casual employee, the period of employment prior to and after the break shall count as continuous employment, provided that the break does not exceed five (5) working days and the reason for termination is other than for cause.

Example 1: End of casual employment as per PSEA 21.2

Prior service: Part I Service

A full-time employee in the CR group under the PA collective agreement was hired as a casual employee from June 23, 2003, to September 12, 2003, inclusive.

The employee's last day of employment was on Friday, September 12, 2003, and was struck-off strength (SOS) on September 13, 2003. The reason for the termination was end of term.

The employee had accumulated 3.75 days of sick leave credits as of September 12, 2003.

New appointment to Part I Service

The employee was reappointed for a specified period appointment of less than three (3) months, which is effective from September 18, 2003, to December 12, 2003, inclusive, in the AS group under the PA collective agreement.

In accordance with the PA collective agreement, the employee was not entitled to the payment of a severance pay since the termination of the employment was at the end of a specified term.

Prior service

Break

New appointment

Casual employee

June 23, 2003 to September 12, 2003

End of term - no entitlement to severance pay benefits

3.75 days sick leave credits


September 13, 2003 to September 17, 2003

Specified period of less than three (3) months

September 18, 2003 to December 12, 2003

82 days

Three (3) working days

86 days

As of September 18, 2003, the employee meets the criteria under the PSTCER 3.(C)(i). Therefore the continuous employment date remains June 23, 2003, and the employee is credited with 82 days of continuous employment and 3.75 days of accumulated sick leave credits on reappointment.

When determining the employee's eligibility to severance pay, the date used is June 23, 2003. However, when calculating the severance pay benefits, the break between periods of employment from September 13, 2003, to September 17, 2003, will reduce the period.

The employee's prior service from June 23, 2003, to September 12, 2003, will also be used in determining the employee's anniversary date for leave purposes as per the PA collective agreement. Refer to the Continuous/discontinuous service module for further clarification.

Example 2: End of term less than three (3) months

Prior service: Part I Service

A full-time employee in the CR group under the PA collective agreement was hired for a specified period of less than three (3) months from July 14, 2003, to October 3, 2003, inclusive.

The employee's last day of employment was on Friday, October 3, 2003, and was struck-off strength (SOS) on October 4, 2003. The reason for the termination was end of term.

The employee had accumulated 3.75 days of sick leave credits as of October 3, 2003.

New appointment to Part I Service

The employee was reappointed for a specified period appointment of less than three (3) months, which is effective from October 14, 2003, to December 17, 2003, inclusive, in the AS group under the PA collective agreement.

In accordance with the PA collective agreement, the employee was not entitled to the payment of a severance pay given that the termination of employment was at the end of a specified term.

Prior service

Break

New appointment

Specified period of less than three (3) months

July 14, 2003 to October 3, 2003

End of term - no entitlement to severance pay benefits

3.75 days sick leave credits


October 4, 2003 to October 13, 2003

Specified period of less than three (3) months

October 14, 2003 to December 17, 2003

82 days

Six (6) working days

65 days

As of October 14, 2003, the employee does not meet the criteria under the PSTCER 3.(C)(i). Therefore, the continuous employment date is on October 14, 2003.

When determining the employee's eligibility to severance pay, the date used is October 14, 2003.

The employee's prior service from July 14, 2003, to October 3, 2003, can be used in determining the employee's anniversary date for leave purposes as per the PA collective agreement. Refer to the Continuous/discontinuous service module for further clarification.

2.6.2 Prior service in Part I Service or the Public Service (PSSA) - Indeterminate or a specified period of three (3) months or more (PSTCER 3.(C)(ii))

The calculation of continuous employment includes immediate prior service as an indeterminate employee or for a specified period of three (3) months or more provided that the break in service does not exceed three (3) months, and the termination of employment is other than for cause.

Example 1: Resignation - received severance pay

Prior service: Part I Service

A full-time employee in the SI group under the EC collective agreement was hired as an indeterminate employee, which is effective on June 18, 2001.

The employee resigned at 53 years of age, and the last day of employment was on Wednesday, July 30, 2003. The employee was struck-off strength (SOS) on July 31, 2003. The reason for the termination was retirement. The employee received severance pay benefits.

The employee had accumulated 18 days of sick leave credits as of July 30, 2003.

New appointment to Part I Service

The employee was reappointed for a specified period appointment of less than three (3) months from September 22, 2003, to December 17, 2003, in the AS group under the PA collective agreement.

Under the PSSA, the employee had the option of an annual allowance on the date of SOS and therefore entitled to severance pay.

Since the employee resigned from the Public Service (PSSA) and was entitled to an annual allowance under the Public Service Superannuation Act (PSSA), the employee is paid severance pay for retirement as per the EC collective agreement.

Prior service

Break

New appointment

Indeterminate

June 18, 2001 to July 30, 2003

Resignation - severance pay benefits paid

18 days sick leave credits


July 31, 2003 to September 21, 2003

Specified period of less than three (3) months

September 22, 2003 to December 17, 2003

Two (2) years and 43 days

53 days

87 days

As of September 22, 2003, the employee meets the criteria under the PSTCER 3.(C)(ii). Therefore, the continuous employment date remains on June 18, 2001, and the employee is credited with two (2) years and 43 days of continuous employment and 18 days of sick leave credits on reappointment.

When determining the employee's eligibility to severance pay, the date used is on June 18, 2001. However, when calculating the severance pay benefits, the period of employment for which the employee received these benefits were from June 18, 2001, to July 30, 2003, and the break between periods of employment from July 31, 2003 to September 21, 2003, will reduce the period.

As per the PA collective agreement, the period of employment from June 18, 2001, to July 30, 2003, shall not count towards the calculation of the years of service for leave purposes, as the employee received severance pay benefits on termination of employment. Refer to the Continuous/discontinuous service module for additional information.

2.6.3 Prior service in Part I Service or the Public Service (PSSA) - Lay-off (PSTCER 3.(C)(iii))

The calculation of continuous employment includes any periods of service that constituted continuous employment for a person that was laid-off from Part I Service or Public Service, regardless of the length of the break.

Example 1: Lay-off and received severance pay

Prior service: Part I Service

A full-time employee in the CR group under the PA collective agreement was hired as an indeterminate employee, which is effective on April 1, 1992.

The employee was declared surplus and scheduled for lay-off, which is effective on March 30, 2001. The employee was struck-off strength (SOS) on March 31, 2001. The reason for the termination was a 1st lay-off. The employee received severance pay benefits.

The employee had accumulated 18 days of sick leave credits as of March 30, 2001.

New appointment to Part I Service

The employee was reappointed for a specified period appointment of less than three (3) months from September 24, 2001, to December 19, 2001, in the AS group under the PA collective agreement.

Since the employee was laid off from the Public Service (PSSA), and the termination of employment was considered a 1st lay-off for severance pay purposes. The employee was paid severance pay as per the PA collective agreement.

Prior service

Break

New appointment

Indeterminate

April 1, 1992 to March 30, 2001

1st lay-off - severance pay benefits paid

18 days sick leave credits


March 31, 2001 to September 23, 2001

Specified period of less than three (3) months

September 24, 2001 to December 19, 2001

Eight (8) years and 364 days

177 days

87 days

As of September 24, 2001, the employee meets the criteria under the PSTCER 3.(C)(iii). Therefore, the continuous employment date remains on April 1, 1992, and the employee is credited with eight (8) years and 364 days of continuous employment and 18 days of sick leave credits on reappointment.

When determining the employee's eligibility to severance pay, the date used is on April 1, 1992. However, when calculating the severance pay benefits, the period of employment for which the employee received these benefits from April 1, 1992, to March 30, 2001, and the break between periods of employment from March 31, 2001 to September 23, 2001, will reduce the period.

As per the PA collective agreement, the period of employment from April 1, 1992, to March 30, 2001, shall count towards the calculation of the years of service for leave purposes, as the employee was reappointed to the Public Service (PSSA) within one (1) year following the date of lay-off. Refer to the Continuous/discontinuous service module for additional information.

Example 2: Lay-off and the employee received severance pay

Prior service: Part I Service

A full-time employee in the CR group under the PA collective agreement was hired as an indeterminate employee, which is effective on April 1, 1992.

The employee was declared surplus and scheduled for lay-off, which is effective on March 30, 2001. The employee was struck-off strength (SOS) on March 31, 2001. The reason for the termination was a 1st lay-off. The employee received severance pay benefits.

The employee had accumulated 18 days of sick leave credits as of March 30, 2001.

New appointment to Part I Service

The employee was reappointed for a specified period appointment of less than three (3) months from September 23, 2002, to December 20, 2002, in the AS group under the PA collective agreement.

Since the employee was laid off from the Public Service (PSSA), and the termination of employment was considered a 1st lay-off for severance pay purposes, then the employee was paid severance pay as per the PA collective agreement.

Prior service

Break

New appointment

Indeterminate

April 1, 1992 to March 30, 2001

1st lay-off - severance pay benefits paid

18 days sick leave credits


March 31, 2001 to September 22, 2002

Specified period of less than three (3) months

September 23, 2002 to December 20, 2002

Eight (8) years and 364 days

One (1) year and 176 days

89 days

As of September 23, 2002, the employee meets the criteria under the PSTCER 3.(C)(iii). Therefore, the continuous employment date remains on April 1, 1992, and the employee is credited with eight (8) years and 364 days of continuous employment and 18 days of sick leave credits on reappointment.

When determining the employee's eligibility to severance pay, the date used is on April 1, 1992. However, when calculating the severance pay benefits, the period of employment for which the employee received these benefits was from April 1, 1992, to March 30, 2001, and the break between periods of employment from March 31, 2001, to September 22, 2002, will reduce the period.

As per the PA collective agreement, the period of employment from April 1, 1992, to March 30, 2001, shall not count towards the calculation of the years of service for leave purposes, as the employee was not reappointed to the Public Service (PSSA) within one (1) year following the date of lay-off. Refer to the Continuous/discontinuous Service module for additional information.

2.7 Sick leave credits

Sick leave credits for employees who have continuous employment on appointment from the Public Service (PSSA) to Part I Service are established as follows:

  • if the employee earned sick leave during the period of employment in the Public Service (PSSA), the employee is credited with the sick leave that was earned but not granted during the period of employment in the Public Service;
  • if the employee did not earn sick leave, or no record exists of the amount of sick leave earned, then the employee is credited with 0.33 of the amount of sick leave that would have been earned had the prior employment in the Public Service been employment in Part I Service.

Note 1: Even though the employee can be credited with sick leave credits for prior service, the employee shall be granted sick leave with pay according to the collective agreements, pay plan or specific terms and conditions of employment of the new appointment.

Note 2: In the case of an employee with former CF or RCMP service, the employee must have been honourably released and have made a valid election to contribute for that service under the PSSA and have had a break in employment of three (3) months or less before being eligible to be credited with the sick leave earned or the 0.33 calculation.

2.8 Leave of absence with pay

In order to qualify for certain types of leave with pay or allowances, some collective agreements, pay plans or specific terms and conditions of employment require employees to have specific periods of continuous employment.

Example 1

Article 39.01: Marriage leave with pay of the FI collective agreement signed on November 1, 2002, specified that the employee may be granted 37.50 hours of marriage leave with pay for the purpose of getting married if the employee has completed one (1) year's continuous employment in the Public Service.

 

Example 2

Article 38.02 (a)(i): Maternity allowance of the PA collective agreement signed on November 19, 2001, specifies that the employee shall be paid a maternity allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraph (c) to (i), provided that the employee:

(i) has completed six (6) months of continuous employment before the commencement of her maternity leave without pay.

2.9 Leave of absence without pay

Subject to the collective agreement, pay plan or specific terms and conditions of employment, some periods of leave without pay are deducted from the continuous employment period.

Example 1:

A full-time indeterminate employee in the EL group, requested leave without pay for the care of the immediate family under Article 18.09 from October 20, 2003, to March 26, 2004, inclusive.

As per Article 18.20 of the EL collective agreement, which is signed on July 24, 2002, the following applies:

'Except as otherwise specified in this collective agreement, periods of leave without pay in excess of three (3) months shall not be counted as "continuous employment" for the purpose of calculating severance pay....'

The period of leave without pay from October 20, 2003, to March 26, 2004, is greater than three (3) months, therefore, is deducted from the employee's continuous employment date for severance pay purpose.

 

Example 2

A full-time indeterminate employee in the PA group, requested leave without pay for personal needs under Article 44.01(b) for the period of October 20, 2003, to March 26, 2004, inclusive.

As per Article 33.02 (a) of the PA collective agreement, which is signed on November 19, 2001, the following applies:

'Where leave without pay for a period in excess of three (3) months is granted to an employee for reasons other than illness, the total period of leave granted shall be deducted from "continuous employment" for the purpose of calculating severance pay...'

The period of leave without pay from October 20, 2003, to March 26, 2004, would therefore not count towards the employee's continuous employment date for severance pay purposes.