Specified Period Appointments During Extended Period of Leave Without Pay (Dual Employment)
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This section establishes the procedures to be applied where an employee, while on an extended period of leave without pay, accepts a specified period appointment, commonly referred to as dual employment, with another Public Service Labour Relations Act I-I organization.
Refer to Appendix A at the end of this module for a chart that is an abbreviation of the contents of this section. The chart was designed to assist with the determining of benefits, status, etc. of employees accepting specified period appointments during leave without pay.
Note: On occasion, an employee on authorized leave without pay may accept specified period employment with another organization. These types of cases must be examined closely to determine if the employee is using the leave for other than for which it was granted. For instance, employees granted leave without pay for maternity leave or parental leave should not be accepting alternate employment. This is contrary to the reason for which the leave was originally granted. For these cases, the employee should be terminating their leave.
In other instances, such as relocation of spouse, there is nothing wrong with the employee accepting alternate employment at the relocation city.
For the purposes of this section the following terms are defined:
- home department (ministère d'attache)
- is the department granting the leave without pay;
- home position (poste d'attache)
- is the position occupied by the employee with the home department;
- host department (ministère d'accueil)
- is the department appointing the employee for a specified period;
- host position (poste d'accueil)
- is the position occupied by the employee with the host department.
PSTCER: Public Service Terms and Conditions of Employment Regulations (RCEFP);
LWOP: leave without pay (CNP).
3 Employee data contained in departmental personnel files
The home department will maintain the employee's permanent files and records and the host department will forward their employee file(s) to the home department when the specified period appointment has expired.
4 Terms and conditions applicable to the specified period appointment
Employees who are appointed for a specified period of three (3) months or more are subject to the collective agreement from the first day of the appointment.
Employees initially appointed for a specified period of less than three (3) months are subject to the collective agreement from the date when it is known that their appointment will exceed three (3) months.
Employees who are appointed for a specified period of less than three (3) months are subject to Section 52 of the PSTCER until they have completed a period of three (3) months of continuous employment with no break in excess of five (5) working days.
Note: Where a seasonal employee, subject to a collective agreement, is employed during the off-season to perform duties of a casual nature, that employee shall continue to be accorded the terms and conditions of the collective agreement applicable to the host position.
5 Rate of pay
The rate of pay of the home position is not considered in establishing the rate of pay for the specified period appointment, and the rate of pay in the specified period appointment is not considered when the employee returns to the home position or is appointed to another indeterminate position.
The rate of pay shall be calculated as for a new appointment to the Public Service.
Departments have delegated authority to offer a rate of pay above the minimum for term appointments of employees on leave without pay. This flexibility only exists, however, if the term appointment is to an equivalent or lower level position.
In either of the above two situations, the rate of pay offered cannot exceed the rate of pay that would be applicable if a transfer were effected.
The rate of pay of the home position may be protected in situations where the Work Force Adjustment Policy applies.
Where, during the period of specified period appointment, LWOP with the regular department is terminated in writing, dual employment ceases and the promotion and deployment and transfer by appointment rules apply as would the carrying forward of benefits previously earned with effect from the date of the termination of the LWOP.
6 Leave credits
Vacation and sick leave credits earned in the home position remain banked until the employee returns to the home position or ceases employment in the home position.
On appointment to a term of three (3) months or more, or after completion of three (3) months continuous employment in the specified period appointment, the employee can use the accumulated sick leave and earns vacation leave at the rate applicable to the combined period of service (i.e. the service prior to the leave without pay and during the specified period appointment).
7 Public Service Superannuation Act (PSSA) / Supplementary Death Benefit (SDB)
A contributor to the PSSA plan and the SDB plan in the home position who, while on leave without pay, accepts a full-time specified period appointment, will have contributions calculated on the salary applicable to the specified period appointment beginning with the date of appointment regardless of the length of the period specified.
A contributor to the PSSA plan and the SDB plan in the home position, who, while on LWOP, accepts a part-time specified period appointment of less than twelve (12) hours per week, will have arrears owing at the full-time rate for the total period of LWOP. No contributions will be taken for the part-time specified period appointment.
Deficiencies in contributions for the period of LWOP, excluding the period of the specified period appointment, are calculated on the salary applicable to the regular position.
The collection of deficiencies for periods of LWOP shall be deferred until the employee returns to indeterminate status.
A non-contributor to the PSSA plan and the SDB plan in the home position, who, while on LWOP, accepts a part-time specified period appointment, will be subject to the PSSA plan and the SDB plan in the specified period appointment, based on the total hours of the assigned workweeks, of both the home position and the host position. Contributions are required based on the rate of pay of the specified period appointment.
If an employee on LWOP from a part-time position (10 hours AWW), accepts a part-time specified period appointment, (7 1/2 hours AWW) will have the hours of work of both positions totalled (17 1/2 hours) to determine the employee's eligibility to the PSSA plan and the SDB plan.
8 Insurance plans
For the purposes of calculating Disability Insurance (DI) and Long-Term Disability Insurance (LTD), the salary applicable for Superannuation contributions shall apply. Similarly, current deductions based on the assigned workweek (AWW) are required regardless of the length of the specified period appointment, while the recovery of deficiencies for the home position shall be deferred until the return to indeterminate employment.
As there is no break in service, employees who previously opted out of insurance coverage retain their original option.
Where the employee is a member of the Public Service Management Insurance Plan (PSMIP) through the home department, the host department will recommence the employee's premium deductions from the salary of the term appointment.
If the employee is not eligible to participate in Public Service Management Insurance Plan (PSMIP) with the home department but becomes eligible in the specified period appointment and decides to apply for coverage, the coverage can continue after the specified period appointment ceases.
Employees may request to have the Provincial Health Insurance and Public Service Health Care Plan (PSHCP) premiums deducted from the salary of the term appointment.
The employer-paid coverage under the Dental Care Plan (DCP) with the home position will resume the first of the month following the date of appointment to the SPA, for a member who is on LWOP other than for the following reasons:
- Parental leave (within the 52-week period following the birth or adoption of a child)
- Illness or disability
- Education to the advantage of the employer
- Serving with another organization recognized as being to the advantage of the department or to the government
- To serve with the Canadian Forces
- To participate in a leave with income averaging or pre-retirement leave arrangement.
9 Continuous employment and continuous service
Notwithstanding the provisions of a collective agreement or other relevant authority, all periods of specified period appointments under PSSRA Schedule I, Part I Service occurring during the period of LWOP are included in the calculation of continuous employment and continuous service.
10 Cessation of specified period employment with host department
At the end of the specified period appointment, benefits associated with the specified period appointment are liquidated in accordance with the relevant terms and conditions of employment for the specified period appointment.
On return to the indeterminate status of the home position, periods of employment that occurred during the LWOP count for the purposes of continuous employment.
When the employee returns to the home department, only sick leave credits can be carried over. Vacation leave credits, must be paid out by the host department.
11 Cessation of employment with home department
At the end of the period of LWOP it is the home department's responsibility to ensure that either the employee returns to duty or there is a legal termination of the employment. Generally, this could take place only through one of the following actions:
- Resignation, when the employee chooses not to return to work and so notifies the employer. This also applies where the employee intends to remain in the specified period appointment position.
- Lay-off, where a function has been discontinued or there is a clear lack of work - this would apply only where the individual indicates an intention to return to the home department.
- End of priority status (termination as per subsection 30(4) of the PSEA).
If an authorized termination action is not taken, the employee retains employee status and may continue indefinitely to accrue continuous employment and the benefits that derive from having this status. The employment in the home department would remain separate and distinct.
12 Re-establishment of pay status and carry over of benefits from the home department
Following termination of the LWOP, and employment with the home department, all benefits based on continuous employment are carried forward. The employee's rate of pay will be re-established pursuant to the relevant terms and conditions of employment based on the employee's rate of pay in the home department or in the specified period appointment position whichever provides the greater rate of pay, with effect from the date indicated on the Letter of Offer (i.e. the date the LWOP is terminated).
The host department will arrange to have a Letter of Offer completed in order to provide the necessary authorization for amending the employee's pay status.
On termination of the LWOP, the home department will arrange to send their files containing the employee's personal data, along with the Report of Previous Service, to the host department.
Note: No payment will be issued from the home department.
The home department approves a period of LWOP from May 2, 2002, to April 30, 2003, for an indeterminate employee.
- CR-05 at the maximum of salary range.
- Vacation leave balance: 2 days as of May 1, 2002.
- Sick leave balance: 123 days as of May 1, 2002.
The employee accepts a specified period appointment CR-03 in the host department for the period April 15, 2003, to June 30, 2003, (less than 3 months).
- Rate of pay is established in accordance with the PSTCER (Section 52).
- This section applies for the first three (3) months of employment.
- There is no entitlement to vacation leave.
- Sick leave credits will accumulate but there is no provision for granting sick leave with pay under Section 52 of the PSTCER.
Effective May 1, 2003, the individual's indeterminate employment is terminated in the home department in accordance with the relevant authorities (e.g. lay-off, resignation, etc.).
- The rate of pay for the CR-03 position in the host department is re-established using the promotion, deployment and transfer by appointment rules with effect from May 1, 2003, because as of that date the employee is no longer in a dual employment situation. The employee's salary for the specified period appointment as of May 1, 2003, will be recalculated.
- All vacation and sick leave credits from the home department are brought forward and they, together with the sick leave credits accumulated in the host department will be accessible when the employee completes three (3) months or is appointed to an indeterminate status.
- No termination benefits (e.g. severance pay, unused leave) are to be paid out by the home department. These benefits will be liquidated based on the rate of pay in effect on the employee's termination of employment from the host department.
- The employee will receive 4% vacation pay in lieu of vacation leave in respect of the period April 15, 2003, to June 30, 2003.
The home department approves a period of LWOP from April 1, 2002, to March 31, 2005, for an indeterminate employee.
- CR-05 at the second step of the salary range.
- Vacation leave balance: 2 days as of March 31, 2002.
- Sick leave balance: 123 days as of March 31, 2002.
- Last increment date: February 11, 2002.
The employee accepts a specified period appointment CR-05 in the host department for the period September 15, 2003, to April 1, 2005, and is later reappointed, with no break in employment, for another specified period appointment CR-05 to expire July 31, 2005.
- September 15, 2003, appointed at the minimum of the CR-05 range.
- The PA/CR Collective Agreement applies as of September 15, 2003.
- Vacation leave begins to accumulate as provided by the PA/CR Collective Agreement; as of September 15, 2003.
- Effective September 13, 2004, the employee receives a statutory increase to the second step of the CR-05.
Effective April 1, 2005, the individual's indeterminate employment is terminated in the home department.
- The rate of pay for the CR-05 position in the host department is re-established using the promotion, deployment and transfer by appointment rules with effect from April 1, 2005. As of April 1, 2005, the employee is no longer in dual employment status.
- After re-establishing the rate of pay on termination of the LWOP the time worked in the specified period appointment position is counted for increment purposes so that the employee is assigned to the 3rd step of the CR-05 effective April 1, 2005.
- The balance of time in excess of the increment period for the specified period appointment position, in addition to any period of the time accrued toward the next increment in the home department before the LWOP began, is also considered in establishing the increment date for the fourth step of the CR-05. The next increment is due August 1, 2005.
- All vacation and sick leave credits from the home department are brought forward and combined with the leave credits accumulated in the host department.
- No termination benefits (e.g. severance pay, unused leave) are to be paid out with the home department. These benefits will be liquidated based on the rate of pay in effect on the employee's future termination of employment of the host department.
13 Public Service Superannuation Act (PSSA) / Supplementary Death Benefit Plan (SDB) and Insurance plan deficiencies
Deficiencies of contributions for the PSSA plan, the SDB plan, the DI and LTD insurance plans, in respect of the period of LWOP preceding the appointment to the specified period appointment position in the host department (from May 2, 2002, to April 30, 2003, in example 1), will be recoverable effective from the date of termination of the LWOP (May 1, 2003 in example 1) based on the salary of the former position (CR-05 in example 1). Current deductions, based on the salary of the specified period appointment position, will be affected by any change to the specified period appointment rate of pay.
Where the employee chose to continue direct payments for coverage under the PSMIP during the period of dual employment, such payments will cease when the LWOP ends. The host department must determine the level of PSMIP life insurance coverage applicable in the home department and begin deductions at that rate.
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