People – DND Guidelines for Hybrid Work

Table of Contents

• Introduction
• Accountabilities for Hybrid Work
• Compliance requirements
  • Compressed schedules
  • Part-time schedules
  • Monitoring and reporting
  • Leave
  • Designated statutory holidays
  • Working sick
  • Repeated absences for on-site days
  • Scheduling on-site days
  • Compliance and DND coworking
• Work agreements and myWorkArrangements
  • Modifying work agreements
  • Work arrangements for employees seeking exceptions to the Common Hybrid Work Model
• Ergonomic equipment
  • Where is the ergonomic equipment set up?
• Exemptions to the Common hybrid work model
  • Workplace accommodations
  • Exceptions to the Common Hybrid Work Model
• Information technology exemption
• International telework
  • Approval authorities
• Optimizing hybrid work
• Direction to managers on expectation of in-office work for CAF members

Introduction

Assistant Deputy Minister (ADM) Human Resources, Civilian (HR-Civ) is leading the "People" component of the implementation of the Common Hybrid Work Model and the Return to Office (RTO) directive. The following provides direction and guidance on core aspects of hybrid work (accessible only on the DND network), including compliance, monitoring, the duty to accommodate, exceptions, and optimizing hybrid work. The application of these guidelines will contribute to an accessible, inclusive, meaningful, and productive workplace across the Defence Team.

Accountabilities for hybrid work

Managers/supervisors are accountable for:

• Ensuring all employees have a valid work agreement.
• Tracking and monitoring the compliance of their employees' work agreements and attendance with the Direction on prescribed presence in the workplace.
• Taking appropriate administrative and, if necessary, disciplinary action to ensure their employees' compliance with the terms of agreements, in consultation with Labour Relations (accessible only on the National Defence network).
• Fulfilling their duty to accommodate.
• Promoting meaningful compliance, including by optimizing hybrid work within their organizations to foster collaboration, cohesion, and a sense of inclusion for all employees.

Employees are accountable for:

• Ensuring they have a valid work agreement.
• Complying with the terms of their work agreement.
• Complying with the Common Hybrid Work Model and the terms of the Direction on prescribed presence in the workplace.
• Proactively discussing with their manager any barriers they may encounter in the workplace.
• Contributing to meaningful compliance, including active participation in optimizing hybrid work within their organizations to foster collaboration, cohesion, and a sense of inclusion.

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Compliance requirements

On site presence is determined by operational requirements and some positions may require an employee to be on-site more than the minimum requirement. The employer has the exclusive right to designate the location of work and to require employees to report to their designated workplace. Therefore, hybrid work is not an entitlement and not all employees are hybrid workers by default.

Full-time DND public service employees must have a valid agreement. Effective September 9, 2024, full-time DND public service employees with a hybrid work agreement must maintain a minimum of three days on-site per week (executives are to be present at the worksite four days a week) and update their work agreements to reflect this.

If a manager or supervisor has concerns around attendance or notices a pattern of absences, they should raise this with the employee promptly. If the employee does not adhere to the requirements in the Direction, it may lead to disciplinary action. In such cases, managers are encouraged to consult the DAOD 5016-0, Standards of Civilian Conduct and Discipline and seek guidance from their Labour Relations advisor (accessible only on the DND network).

Compressed schedules

Employees working compressed schedules (accessible only on the DND network) must also maintain a valid work agreement. Employees are required to meet the requirement of working three days onsite per week.

Part-time schedules

Employees working part-time or varied schedules must also maintain a valid agreement. Those with a hybrid work agreement must work from their designated worksite for a minimum of 40% of their regular schedule on a weekly or monthly basis until September 8, 2024, and then a minimum of 60% on-site per week after September 9, 2024. Employees not working every month or on an ‘as needed’ basis should apply for an exception under category 4 “other” only if the other categories and sub-categories (1 – 3 and 4 a – e) do not apply.

Monitoring and reporting

In accordance with the Government of Canada's Privacy Act, Direction on prescribed presence in the workplace, Guidance on optimizing a hybrid workforce, as well as the Directive on Telework, DND is responsible for monitoring (accessible only on the DND network) the location of work for all employees. Monitoring allows DND to ensure compliance with these directives.

Monitoring may be performed using different data collection methodologies, including network and site access. Managers may also be asked to report on their team’s compliance with the Direction. To determine whether they are reporting to their correct work location the requisite number of times, managers should rely on observations or information directly collected from the employee. The compliance reporting calculation excludes employees who have an approved or pending accommodation, and those with an approved exception or pending exception under categories 1 – 3 and 4a – 4c.  

As a reminder, DND networks are subject to monitoring, including users connected remotely. This information is collected and reviewed to enforce acceptable use, policy compliance, and to protect against cyber threats.

Leave

Time spent on leave reflected in the Human Resources Management System (HRMS/PeopleSoft) reduces the number of working days in each month. It is not included in the on-site presence requirement. Therefore, employees are not expected to “make up” days while on leave that is reflected in HRMS.

Leave includes:

• Annual or vacation leave
• Sick leave
• Family-related leave
• Bereavement
• All leave as described in the employee's collective agreement or the applicable Directive on Terms and Conditions of Employment.

Designated statutory holidays

Employees are required to make up previously scheduled in-office days missed due to statutory holidays.

Working sick

If an employee does not feel well enough to work, they should take sick leave. If they do not feel well enough to work on-site, they should discuss with their manager whether the option of working from home is reasonable.

Repeated absences for on-site days

Concerns around attendance and compliance to the Common Hybrid Work Model should be raised by the manager/supervisor if a pattern of absences is observed, i.e., employee regularly requests leave on the on-site days. Managers are encouraged to consult Labour Relations for advice (accessible only on the National Defence network).

Scheduling on-site days

It is strongly recommended that managers and their employees cooperate to establish an on-site schedule that maximizes in-person contact and fosters cohesion and collaboration.

On-site days can be scheduled in several ways:

• Fixed days: On-site work is prescribed according to a fixed schedule (the days remain the same each week).
• Flexible days: On-site work is prescribed on a flexible schedule. Days may be different week to week depending on operational requirements.
• Combination fixed/flexible week: Combination of fixed and flexible work making up the minimum on-site requirement.
• Operational basis: Based on operational requirements (up to five days per week). On-site work is prescribed based on the operational requirements of each position, the nature of the work and the equipment needed.

When determining which days an employee is on-site, the following should be considered:

• Operational realities such as:
  • Teamwork/opportunities for collaboration
  • Accommodation requirements
  • Availability of office space (building and cubicles)
  • Safety restrictions such as:
    • Hours of work must abide by respective collective agreements and be during office opening hours.
    • Other safety concerns such as being alone in the building (if alone, look at scheduling an alternate day). In conjunction with:
• Employee preferences.

Compliance and DND coworking

While not intended to replace an employee's designated (on-site) work location, authorized use of locations such as the DND coworking site (accessible only on the DND network) at NDHQ (Pearkes) can contribute to an employee's minimum on-site requirement. The DND coworking site is meant to be used on an ad hoc, as-needed basis to facilitate on-site work, and therefore cannot be used as a work location in a work agreement.

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Work agreements and myWorkArrangements (mWA)

As we move forward in a hybrid work environment, managers have a responsibility to be aware of their employee's work location each day. In addition to ensuring a productive work environment and the effective management of their employees, this also fulfils managers responsibility to ensure the health and safety of the Defence Team's public service employees. Similarly, managers must seek to foster cohesion, a sense of inclusion, and ensure the well-being of their teams; doing so requires reliable knowledge of individuals' daily work posture.

To support this, all DND public service employees must have a valid work agreement  (accessible only on the DND network). This includes:

• Full-time on-site employees, hybrid employees, and full-time remote employees
• Indeterminate employees, students, term, and casual workers
• Part-time and full-time workers
• Employees on secondment with DND (use alternate form  (accessible only on the DND network))

Managers must first discuss the terms of agreements with employees and once agreed upon, approve them in the mWA application. Where groups of employees work full-time on-site and do not have access to mWA, managers must submit a bulk work arrangement request (accessible only on the DND network) as soon as possible.

Those who do not have access to the mWA application must complete the Alternative mWA form (accessible only on the National Defence network) until access issues have been resolved. Once access to the Treasury Board Secretariat (TBS) Application Portal (TAP) is granted, employees will need to re-enter their agreement in the mWA application.

The duration of an agreement can be set for up to one year from the date of signature and a new agreement must be submitted:

• Before expiry
• If a change occurs, including:
  • change of position or manager
  • telework location
  • number of days teleworking
  • any other circumstance

If an employee does not have a valid work agreement, it will alter compliance reports to senior management and notifications will be sent to both the employee and the manager.

Please note: if an employee is on long-term leave, the manager can cancel their work agreement or let it expire.

Modifying work agreements

It is the manager/supervisor's responsibility to approve any changes to the employee's work agreement. For operational reasons, a manager may need to change the schedule or conversely, an employee may need a change to accommodate their personal schedule. In either case, a conversation between manager and employee is required, and appropriate processes must be followed if an amendment, exception, or accommodation are needed.

For example, supervisors may, with reasonable notice, approve changes to an employee's in-office schedule where the employee may not be required to "make up" their day in the office, such as:

• If management requests the employee to work from home due to technical and physical issues or limitations.
• If management requests the employee work from a different worksite location.
• The employee is required to take training off-site.
• The employee is required to travel for work during their on-site day or travel for off-site meetings.

In addition, a manager may approve an employee's request for a short-term, temporary change in work arrangement. These modifications do not require a formal change to their work agreement. For example, a short term, temporary change in work location or scheduled days on site. Such informal arrangements are at the manager's discretion and must ensure compliance with the Common Hybrid Work Model, as well as applicable policies and procedures, particularly those related to privacy and security. Such agreements are intended to provide management and employee flexibilities but must not replace or supersede the Exceptions to telework nor the Duty to Accommodate processes.

Work agreements for employees seeking exceptions to the Common Hybrid Work Model

Employees seeking an exception to the Common Hybrid Work Model (more information below) under categories 1 to 3 and 4a to 4c, are permitted to establish a temporary work agreement in partnership with their manager, until a decision has been communicated to them. A work agreement must be in place and aligned to this temporary agreement. Employees seeking an exception under category 4d, 4e and 4 "other" must have a work agreement in place that is aligned to the policy requirements for onsite presence, and are expected to maintain compliance with the policy until a decision has been made by their L1 and communicated to them by their manager. Once a final decision is completed and communicated to them, employees should update their agreements if and as needed.

Employees seeking an accommodation under the Duty to Accommodate (more information below) can, with the consent of their manager, adopt a modified work agreement and should submit a work agreement for manager approval while waiting for a final decision from their manager with support from the Office of Disability Management. Once a final decision is completed and communicated to them, employees should update their agreements if and as needed.

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Ergonomic equipment

Ergonomic hazards are a workplace condition that have a potential to pose a risk of injury to an employee. Ergonomic injuries can be minimized by ensuring that employees are properly set up by using the ergo checklist (accessible only on the National Defence network). Consult the Unit General Safety Officer (UGSO) in optioning an ergo coach or ergonomic assessment (accessible only on the National Defence network) depending on the requirement.

Where is the ergonomic equipment set up?

Management obligations or options for equipping employees to work in a location other than the primary work location

• Management has no obligation to equip employees to work in a location other than the primary work location, except under certain conditions.
• Employees with a medical Duty to Accommodate are to be equipped by management to work at both the primary and secondary work locations, including ergonomic or other specialised equipment when required by the DTA. In these cases, the employee and their manager should consult with the Office of Disability Management (accessible only on the National Defence network).
• If, because of management direction, an employee is required to work from a secondary location (eg. due to flood/fire/space allocation issues in primary location), then management is responsible to equip the employee to perform their duties in the secondary location. 

Exemptions from the Common hybrid work model

There are two mechanisms for an employee to be exempted from the on-site requirements of the Direction on prescribed presence, these are: 

• A workplace accommodation (duty to accommodate) 
• An exception request 

Before submitting any requests, employees must speak to their manager. Only one exemption request can be pursued at a time.  

Workplace accommodations must be considered first, before pursuing exceptions. If an accommodation request is in progress, employees cannot also submit a request for an exception. 

Workplace accommodations 

The accommodations process is distinct from the exceptions process, as managers have a Duty to Accommodate under the Canadian Human Rights Act.  When an employee requests an exception to the Direction on Prescribed Presence in the Workplace in the form of telework, and the telework is being requested as a form of accommodation measure for medical grounds or any prohibited ground of discrimination under the Canadian Human Rights Act, the request must be assessed via the accommodation process. The process for submitting an accommodation request, including who to consult, can be found on the Exemptions from the Common Hybrid Work Model webpage (accessible only on the DND network).

Employees should proactively discuss with managers any barriers they may encounter in the workplace, including those linked to accessibility, harassment, and discrimination and define solutions that will help address the barriers in the hybrid workplace. The Accessibility Passport (accessible only on the DND network) can be used to outline barriers in the workplace as well as the accommodation solutions needed to address them.  

Prior to requesting an exception to the Common Hybrid Work Model, managers must first determine whether a medical or non-medical accommodation would be a more appropriate measure, based on the employee’s situation. 

Managers should also ensure that individual circumstances are considered on a case-by-case basis for an exception to the Directive, including human rights obligations, such as the Duty to Accommodate, or whether an employee has a reasonable explanation for absences from the designated workplace, such as family care obligations or illness.

Exceptions to the Common Hybrid Work Model

Exceptions are outlined in the Common Hybrid Work Model and require approval at the ADM or Deputy Minister (DM) level. Exceptions are not accommodations associated with the Duty to Accommodate.

Exceptions to the hybrid work model include:

1. Employee was hired to work remotely full-time before March 16, 2020.
2. Indigenous employee whose location is critical to their identity to work from their community.
3. Employee works remotely 125 km or more from their designated worksite.
4. Exceptions for a limited or longer timeframe to be determined on a case-by-case basis. These exceptions have several sub-categories.

Deputy Minister (DM) exceptions

• A business model has been previously established and not influenced by the remote-by-default COVID-19 management
• Exceptions are not intended to apply to internal and enabling services.
• L1s can prepare a business case to propose the following exception scenarios to a group of positions in their organization (not based on an employee’s individual request)

Information on the process for seeking an exception is found on the Exceptions within the Common Hybrid Work Model website (accessible only on the National Defence network). Note that exceptions must be reviewed annually, at a minimum. During the renewal process of an exception, employees should discuss arrangements that may be required with their manager.

• Email the signed Application for Exception form to the CCC at Exceptionalcases-RTW-Casexceptionnels-PLT@forces.gc.ca for tracking and reporting, regardless of whether the exception was approved or denied

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Information technology exception

The Common Hybrid Work Model and associated directive also applied to exempted Information Technology (IT) personnel. Personnel in IT-01 to IT-04 nonsupervisory positions performing work in one of the following work streams were eligible for exception:

1. IT Software Solutions: application configuration and development using modern DevOps or DevSecOps, quality assurance and control, release management, database administration, accessibility testing, and design, legacy systems, and critical business applications work
2. IT Security: cyber security and security architecture, where roles can be performed remotely as determined by DND and security requirements
3. IT Cloud Solutions: cloud architecture, cloud support, and cloud specialists

These exceptions were rescinded, with transition back to the workplace three days per week to be fully implemented by September 9, 2025. Compliance for these groups of IT professionals will be gradually implemented using the following phased approach: two days per week on January 6, 2025, and the final third day per week no later than September 9, 2025. This transition phase will apply to current IT staff that have exemptions as well as new staff that fall within one of the above-noted workstreams. Managers/supervisors are required to work with their affected IT personnel to respect the phased implementation approach, where operational requirements allow, by updating work agreements accordingly. This approach will ensure DND remains an employer of choice for digital talents while aligning with the remaining of the public service.

International telework

International telework is a voluntary and employee-driven request to telework outside of Canada at a location other than the employee's normal designated workplace. Working outside of Canada has security, IT, and human resources implications. The Directive on International Telework provides parameters within which international telework may be considered in exceptional circumstances.

Requests to telework internationally are only granted in very limited and prescribed circumstances where the request is:

• In line with Canada's Defence Policy to support military family members, when a DND public service military spouse or common law partner accompanies a CAF member on an OUTCAN, including UN, NATO or EU postings.
• In support of OUTCAN postings when a DND public service spouse or common law partner accompanies a DND public service employee appointed to work in a DND OUTCAN role, including UN, NATO or EU.
• In support of situations when a DND public service employee accompanies a spouse or common-law partner who is a federal public servant and, as part of their official Government of Canada position, is posted to work abroad for work purposes. For example, Global Affairs Canada, Immigration, Refugees and Citizenship Canada, RCMP.

In addition to the prescribed circumstances, the following requirements must be met:

• The requestor must be an "indeterminate employee" having completed their probationary period, as defined by the Public Service Employment Act (PSEA), and the TBS Directive on Terms and Conditions of Employment.
• An exception to this requirement can be granted in the case of a term or a public service military spouse, whereas the completion of the probationary period may not be required.

An employee seeking approval for international telework must meet the requirements of the duties of the position to which they will be assigned and their duties must be conducive to work in a remote environment. Approval for international telework agreements must be for a defined period and reviewed annually at minimum.

Approval authorities

International telework requests may be considered in very limited and prescribed circumstances and require the following approvals:

• L1 endorsement approval via the Application for International Telework form
• DIM SECUR – DWAN ISSO
• Director General Defence Security (DGDS) – Travel and Contact Security Program

The final approval authority rests with ADM(HR-Civ).

For questions related to international telework request please e-mail Exceptionalcases-RTW-Casexceptionnels-PLT@forces.gc.ca.

Optimizing hybrid work

The TBS Guidance on optimizing a hybrid workforce – Canada.ca contains overarching principles, steps to follow, and key considerations for organizations, managers, and employees when implementing a hybrid approach to work. There is no one-size-fits-all approach. Organizations are encouraged to experiment and iterate as they optimize telework and on-site work to foster a diverse, inclusive, and productive workforce that will continue to deliver results for Canadians.

The following best practices are recommended for managers looking to optimize hybrid and remote work (accessible only on the DND network) in their teams:

• Define and communicate expectations - Clearly define roles and responsibilities, project goals, and deadlines. This helps team members understand their individual and collective objectives, leading to better virtual collaboration and productivity. Team Charter Guidelines The Hybrid Work Model: Preparing to Work at a Government of Canada Office.
• Clear and open communication - Establish regular and transparent communication channels to ensure coherence and common purpose. This can include team meetings, one-on-one check-ins, and virtual collaboration tools. User Guide to Me.
• Foster a sense of community - Encourage team members to get to know each other through virtual and in-person team-building activities, informal chats, and recognition of personal and professional achievements. Resilience at Work – Building a Strong and Healthy Team.
• Provide the necessary tools and resources - Equip your team with the necessary tools and resources to work effectively in a virtual environment, such as project management software, video conferencing tools, and collaboration platforms. Thrive Series: Team Toolkit.
• Encourage flexibility and adaptability - Recognize that hybrid work can present unique challenges, such as balancing work and personal life, different time zones and ergonomics issues. Best Practices for Managers.
• Promote a culture of trust and accountability - Foster a work environment where team members feel trusted to do their jobs and are held accountable for their responsibilities. This can help increase team member autonomy and job satisfaction. Civility and Respect at Work: Do's and Don'ts in Remote Work.
• Offer training and development opportunities - Provide virtual training and development opportunities to help team members grow professionally and stay up to date with industry trends and best practices. CSPS Hybrid Workplace Series Toolkit for Virtual and Hybrid Teams.
• Regular feedback and check-ins - Schedule regular check-ins and provide constructive feedback to help team members improve their performance and address any issues or concerns. Mental Health Job Aid for Managers.

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Direction to supervisors in a DND/ CAF shared work environment

In response to the CDS direction mandating work in office for Canadian Armed Forces (CAF) personnel, Assistant Deputy Ministers are instituting common guidelines to assist managers in implementing this policy effectively as we have combined teams made up of public servant and CAF personnel. These guidelines are to be implemented as soon as practicable and fully solidified by September 9, 2024.

1. Default work arrangement
   • The default expectation for CAF members is to work from a DND/CAF established workspace 5 days a week. This approach ensures we maintain high levels of productivity, creativity, and collective effectiveness.
2. Team-based hybrid work
   • CAF personnel who are part of a team working on a hybrid schedule may follow the same hybrid arrangement as their public servant teammates.

Requests for CAF members to work on a hybrid schedule will be addressed at the Commanding Officer or Director level but may be delegated to Section Heads. Requests for exceptions to hybrid schedule for public service employees will continue to follow the established procedures. Leaders are encouraged to assess individual needs and operational requirements, allowing for remote or hybrid work, when necessary, without compromising mission objectives.

Please ensure these expectations are communicated clearly to your teams and that necessary plans are developed and implemented promptly. Your cooperation and leadership are crucial in maintaining our operational readiness and achieving our strategic goals.