Implications for public servants on leave and travelling for activities related to international conflicts

March 22, 2022 -  Defence Stories

Like many Canadians, federal public servants have expressed grave concerns about the invasion of Ukraine by Russia. In addition to the important steps being taken by Canada and its allies to provide vital humanitarian aid, Canadians, including public servants, have been seeking ways to support the people of Ukraine. In light of these circumstances, and to support departments in responding to questions they are receiving in this regard, this note is to provide you with additional information on the implications for Government of Canada employees who take leave and, as private citizens, travel to engage in, or otherwise support activities relating to these types of international conflicts.

As the safety of public servants and Canadians more broadly is a top priority of the Government of Canada, we have an obligation to ensure that employees are aware that regardless of the reason for their involvement or travel to these regions, there are significant implications for employees. This is the case whether employees take leave to provide humanitarian support or if they engage in supporting a foreign army or militia.

In this particular instance, Global Affairs Canada continues to advise Canadians against all travel to Russia and Ukraine, which includes travel for humanitarian reasons as well as to take part in the conflict. They have also advised that their ability to provide consular services is severely limited, and as such Canadians should not depend on the Government of Canada if they need to leave the country.

Implications for public servants taking leave and, as private citizens, travelling to engage in or otherwise support activities relating to international conflicts

Guidance for Departments and Agencies:

Employees on leave who seek to provide humanitarian support

Employees who take leave and travel to participate in humanitarian activities in relation to the conflict (that is, supporting the Red Cross, United Nations, or similar non-governmental organization) continue to have obligations to maintain their security status/clearance and to abide by the Values and Ethics Code for the Public Sector and the Directive on Conflict of Interest. These include proactive reporting of change(s) in circumstances, which may warrant further review by their department or agency.

On receipt of this information, the department or agency has specific actions to undertake as outlined in Annex ‘A’, which includes suspending the employee’s existing security status/clearance and must also undertake a review of the activities pursuant to the Directive on Conflict of Interest. Upon return to Canada, a review of the employee’s ability to continue holding a Government of Canada security status/clearance must be conducted. These obligations are outlined in Annex ‘A’. As part of these reviews, any risks must be assessed by the deputy head in relation to the individual employee’s position and specific responsibilities.

Additionally, coverage under the employee benefit and insurance plans may be impacted during their leave, and in some cases, their activities may exclude them from certain coverage entirely. These impacts are detailed under Annex ‘B’.

Employees on leave who seek to enlist in a foreign army or militia

In addition to the considerations and implications outlined above for those seeking to provide humanitarian support, employees who take leave and engage in supporting a foreign army or militia could also be considered to be in conflict with their duty of loyalty to the Government of Canada if their off-duty conduct is shown to adversely impact the employer’s legitimate interests. On receipt of this information, the department or agency will need to undertake the actions outlined in Annex ‘A’, including suspending the employee’s security status/clearance. Upon return to Canada, a review of the employee’s ability to continue holding a Government of Canada security status/clearance would be conducted as outlined in Annex ‘A’. As a valid security status/clearance is a condition of employment for all public servants, the employee could face administrative action from the deputy head, up to and including termination of employment.

In addition, the Foreign Enlistment Act, which applies to all Canadians, prohibits enlistment in the armed forces of any foreign state at war with a friendly foreign state, or travel to do so.

Reminding employees of their obligations

Should a department or agency become aware of an employee seeking leave for these purposes, they should provide the information contained within this note to the employees in writing. Upon receipt of such information, the department or agency shall undertake actions as outlined in Annex ‘A’, which includes the suspension of the employee’s security status/clearance, and, upon the return of the employee to Canada, initiate a review of the security status.

Given that the primary responsibility for determining specific security screening requirements, as well as for the issuance, review and revocation of security status/ clearance lies with individual deputy heads, it is important that departments and agencies remind employees of their obligations in relation to maintaining their security status/clearance. In addition, employees should be reminded of their reporting and other obligations under the Values and Ethics (V&E) Code and the Directive on Conflict of Interest, which continue to apply. Failure to meet their security and V&E obligations in the course of their activities could result in a review under the Treasury Board Standard on Security Screening and/or disciplinary measures, up to and including termination of employment. Employees should be reminded that these obligations apply, as always, to public communications, including on social media.

Further details on employee obligations and considerations

Duty of loyalty

Employees have an obligation to the Government of Canada by virtue of their employment relationship, which extends to their off-duty conduct.

Maintaining their security status/clearance

Employees have explicit responsibilities necessary to maintain their security status/clearance and are informed of these at the beginning of their employment, including the consequences of non-fulfilment. This includes an obligation to report any significant changes in personal circumstances. A security status/clearance is a condition of employment and, if revoked, could result in termination of employment.

Complying with the Directive on Conflict of Interest

Employee obligations under the Directive on Conflict of Interest include the requirement to report in writing to their deputy head all outside employment and activities that might give rise to a real, apparent or potential conflict of interest in relation to their official duties and responsibilities. Failure to meet these obligations may result in discipline up to and including termination of employment.  

Understanding their insurance, benefits and pension coverage

Coverage under, contributions to, and receipt of benefits from, the Public Service Health Care Plan (including emergency benefits when travelling), disability & life insurance plans (DI Plan, PSMIP and RCMP DI and Life Plan) and the public service pension plan may be impacted or excluded entirely in certain circumstances due to specific policy limitations around war/hostilities/conflict or due to the reason for the travel. More complete information on coverage and contribution requirements when on leave, as well as exclusions and limitations on benefits payable, for public service employees as well as civilian employees of the RCMP and the Department of National Defence, as members of these plans, is provided under Annex ‘B’.

Obtaining approved leave

Employees must ensure that they seek and obtain appropriate leave approval in compliance with their collective agreement or relevant terms and conditions of employment. Managers may not necessarily inquire about the activities being undertaken during the leave, nor would they endorse such activities even if they become aware of them. The obligation is on the employee to disclose or enquire if the activities they plan to undertake may have an impact on their employment status or benefits as outlined above. For leave without pay (LWOP), as per the guidance in the Directive on Leave and Special Working Arrangements, employees who are not covered by a collective agreement should identify the reason and duration for the absence in order for the delegated manager to properly consider the request against operational requirements. For executives seeking special leave without pay as per (A.II.13) of the Directive on Terms and Conditions of Employment for Executives, they require approval at the Deputy Head level.

Application to the RCMP, Canadian Armed Forces and for Veterans

Members of the RCMP and Canadian Armed Forces are subject to similar considerations as public servants. Members of the RCMP, CAF and Veterans should refer to their respective departments for additional information on these and other applicable policies.

Key Messages

Employees on leave who seek to provide humanitarian or other support in Ukraine

• Like many Canadians, federal public servants have expressed grave concerns about the invasion of Ukraine by Russia. In addition to the important steps being taken by Canada and its allies to provide vital humanitarian aid, Canadians, including public servants, have been seeking ways to support the people of Ukraine.
• The safety of public servants is a top priority of the Government of Canada.
• Global Affairs Canada continues to advise all Canadians against travel to Ukraine for any reason. As Global Affairs Canada’s ability to provide consular services in Ukraine is severely limited, Canadians cannot depend on the Government of Canada to assist Canadians in leaving Ukraine.
• There are potentially significant implications for employees taking leave and, as private citizens, travelling to engage in or otherwise support activities relating to international conflicts.
• Employees who do take leave and travel to participate in humanitarian activities in relation to the conflict (i.e., supporting the Red Cross, United Nations, or a similar non-governmental organization) continue to have obligations to maintain their security status/clearance and to abide by the Values and Ethics Code for the Public Sector and the Directive on Conflict of Interest.
• Specifically, pursuant to the Standard on Security Screening, the Values and Ethics Code for the Public Sector, and the Directive on Conflict of Interest, employees who take leave and travel to participate in humanitarian activities in relation to the conflict must proactively report such change(s) in circumstances, which may warrant further review by their department or agency.
• At the same time, an employee’s coverage under the employee benefit and insurance plans may be impacted during a period of leave to travel to areas of international conflict. In some cases, their activities may exclude them from certain coverage entirely

Employees on leave who seek to participate in a foreign army or militia

• There are potentially significant implications for employees taking leave and, as private citizens, travelling to areas of international conflict to engage in supporting a foreign army or militia.
• Employees who take leave and engage in supporting a foreign military or similar force could be in conflict with their duty of loyalty to the Government of Canada if their off-duty conduct is shown or perceived to adversely impact the employer’s interests. This would result in a review of a security status/clearance and subsequent administrative actions up to and including termination of employment
• The Foreign Enlistment Act prohibits enlistment in the armed forces of any foreign state at war with a friendly foreign state and travel to enlist in such an armed force.

Employees’ obligations

• Employees have an obligation to the Government of Canada by virtue of their security status/clearance and employment relationship. This includes a duty of loyalty to the Government of Canada, which extends to their off-duty conduct.
• The Directive on Conflict of Interest and the Standard on Security Screening requires that employees must report these kinds of changes in circumstances, and must also report, in writing to their deputy head all outside employment and activities that might give rise to a real, apparent or potential conflict of interest in relation to their official duties and responsibilities.
• Employees who cannot maintain their security status/clearance, and/or who do not act in accordance with the Values and Ethics Code for the Public Sector and the Directive on Conflict of Interest could face disciplinary measures up to and including termination of employment. 

Annex A – Security Status/Clearance: Steps to Take on Receipt of Information and on the Employee’s Return

Should a department or agency become aware of an employee who plans to travel to engage in, or otherwise support activities relating to an international conflict, whether for humanitarian reasons or to participate in the conflict, the Departmental Chief Security Officer (CSO) must:

• Provide a security briefing to the employee regarding the impending travel, including potential consequences related to the employee’s specific security status.

If the employee proceeds to travel, whether leave has been approved, or not, in collaboration with the department or agency’s human resources team, the CSO must immediately:

• Suspend the employee’s existing security status/clearance.
• Ensure removal of access to all Government of Canada assets such as a work mobile device (the device(s) must be returned to the department prior to an employee leaving the country).
• Ensure that access to all Government of Canada networks is suspended.

Upon the employee’s return to Canada, they must contact their supervisor so that a review of the security status/clearance can be conducted. The CSO will then undertake a review for cause of the security status/clearance, including a security interview and an assessment of all available information. Individuals would have an opportunity to explain adverse information before a decision is reached (Section 5.2.4 of the Standard on Security Screening). Based on the outcome of the review, the CSO will render a decision, or make a recommendation to the deputy head on required administrative action.

The employee would be advised of redress mechanisms available to them, as relevant.

Annex B – Insurance, Benefit and Pension Considerations

Plan	Key impacts to coverage, contributions and benefits payable when on leave
Public Service Health Care Plan	If on paid leave: Plan member contributions, if any, continue to be deducted from salary and coverage (either Supplementary or Comprehensive) continues. If on leave without pay (LWOP): Coverage continues unless the plan member opts out in writing. Unless opted out, LWOP contributions payable, either in advance during the leave or upon return to work (RTW). When covered on LWOP a plan member’s contribution requirements (that is, pay plan member share and potentially the employer share as well) will depend on the reason, and length, of the LWOP. See Contributions (njc-cnm.gc.ca) for details. Regarding coverage available when on paid leave or LWOP, Supplementary plan members (that is, those who live in Canada and are covered by a provincial health plan) will continue with usual coverage, namely (1) An Extended Health Provision composed of a Drug, Vision, Medical Practitioners, and Out-of-Province Benefit, and (2) a Hospital Provision (Level I, II or III). For both paid and LWOP: The Out-of-Province Benefit includes the Emergency Benefit while Travelling provision. This covers members for eligible medical expenses incurred as a result of an emergency while travelling provided they are on vacation or on business (that is, not covered if on LWOP), to a maximum of $500,000 per plan member, per period of travel that cannot exceed 40 days after leaving Canada (unless the member is on official travel status, in which case the 40-day limit does not apply). Comprehensive plan members (that is, plan members posted by their employer to work outside Canada and who are not covered under a provincial health plan) continued with usual coverage, namely (1) Basic Health Care Provision providing equivalent coverage to that under provincial plans, (2) the Extended Health Provision (excluding the Out-of-Province Benefit), (3) the Hospital Provision (Level I,II or III (that is, for a semi private or private room) and a the (4) Hospital (Outside Canada) Provision (that is, coverage for charges for each day in a general hospital, a Canadian Armed Forces hospital or hospital of armed forces of foreign country for usual hospital charges such as standard ward, laboratory fees, drugs in the hospital, hospital operating room etc.) Complete details on the above are found in the plan document at Public Service Health Care Plan Directive (njc-cnm.gc.ca) or the Public Service Health Care Plan Administration Authority site at Public Service Health Care Plan | Coverage (pshcp.ca)
Public Service Management Insurance Plan (PSMIP) – Life and Accidental Death and Dismemberment (AD&D) Insurance	For PSMIP Basic and Supplementary Life, as well as for AD&D insurances, if the plan member is on paid leave (for ex., vacation / personal leave), coverage continues and required member premiums, if any, continue to be deducted from salary in the usual way. For plan members on leave without pay (LWOP), if plan member premiums are required, the plan member must send their premiums quarterly to the insurer in advance. If not, the related coverage will lapse and a new application, including evidence of insurability, must be submitted on return to duty to restore lapsed coverage. In terms of benefits payable for covered plan members, under Basic Life a lump sum benefit (x1 salary for excluded/unrepresented employees; x2 salary for EXs) will be paid to the named beneficiary if the employee dies for any cause (that is, there is no war exclusion). Similarly, if a member also has Supplementary Life coverage, an additional lump sum benefit of x1 salary will be paid to the named beneficiary if the member dies for any cause. Regarding AD&D, a lump sum benefit, based on a schedule of payable amounts, is payable to the member’s beneficiary if s/he is killed in an accident (on or off the job) or to the member directly if they are maimed in an accident. AD&D benefits are not payable in the event of loss arising from suicide or self-inflicted injury, or from war or any act of war, unless the incident occurs while the member is outside Canada at the direction of the employer, on posting, on assignment or in travel status. AD&D benefits are also not payable if the loss was caused by disease, bacterial infection, taking poison, or participating in any riot or civil strife. Further details on the Life and AD&D Insurance coverage under the PSMIP are found at: Life Insurance summary - Canada.ca
Long-term disability plans: Disability Insurance (DI) Plan Public Service Management Insurance Plan (PSMIP) - Long Term Disability (LTD) RCMP Disability Insurance (DI) Plan	DI Plan If on paid leave (for ex., vacation / personal), coverage continues, and the required plan member premiums will be deducted from salary in the usual way. If on leave without pay (LWOP), coverage continues and the required premiums are payable by deduction from salary on return to active duty (if employment terminates following the leave, the member will be required to pay the outstanding contributions in a lump sum). The amount payable generally includes both employer and plan member premiums for the period of absence. However, members will not be required to pay the employer’s share for the first three months of any period of leave without pay or, if the department or agency certifies that the reason for the leave was for certain specified reasons, namely: to serve with an organization where the service is recognized as being to the advantage of the department or to the Government or to serve with the Canadian Armed Forces. In terms of DI benefits, if a covered plan member becomes “totally disabled” from the essential duties of their position, they will be eligible for an income benefit of 70% of insured salary. However, a benefit is not paid for a “total disability” which is due to or results from (exclusions): participation in any riot, civil commotion or insurrection. intentionally self-inflicted injuries or attempted suicide (while sane or insane). commission or attempted commission of a criminal offence by the employee. the hostile action of any armed forces. That said, exclusion No. 4 will be waived for a member, other than one on active duty (including for training purposes) in the armed forces of any country, while on an assignment outside Canada or when on travel status, as determined by their employer. Further details on the DI Plan are found at: Disability Insurance Plan for the public service - Canada.ca PSMIP LTD (Long Term Disability) plan Coverage provisions are essentially the same as the DI Plan. If on paid leave, any LTD premiums payable will be deducted from salary as usual, if applicable. If on LWOP, any premiums payable are collected from salary on return to duty. Only the plan member's share (if any) is required where the leave without pay is due to certain specified reasons, namely: personal needs for a period not exceeding three months when the leave was approved by the appropriate authority as leave for personal needs; service in the Canadian Armed Forces. In all other leave-without-pay situations, the member must pay both the member and the employer's share of premiums. In terms of PSMIP LTD benefits, if the member becomes “totally disabled” from the essential duties of their position, they will be eligible for an income benefit of 70% of insured salary. However, no benefit is payable if the “total disability” resulted either directly or indirectly from, or was in any manner or degree associated with, or occasioned by: war or any act of war, whether declared or undeclared, except where the physical or mental impairment results from an incident occurring outside Canada and while: the employee is posted or on assignment outside Canada, or the employee is in travel status outside Canada at the direction  of his or her employer. Further detail on the LTD coverage under the PSMIP is found at: Long-Term Disability summary - Canada.ca RCMP DI Plan There is no war exclusion in the RCMP contracts. That being said, if there are a large number of RCMP members travelling together, Canada Life (the insurer) would like to be made aware as we might need to advise our reinsurer in view of the heightened risk. Under the SISIP, disability due to any of the following shall not be considered total disability within the meaning of this coverage: injury sustained or illness contracted as a result of war, whether declared or undeclared, or of any act of war, if the injury is sustained or the sickness is contracted after the Member becomes insured hereunder.
Supplementary Death Benefit (SDB) Plan	Members of the Public Service Supplementary Death Benefit (SDB) plan remain covered while on LWOP. Contributions (premiums) under the plan are owed upon return to work. Circumstances wherein plan members may take leave and join such activities as private citizens would not impact their SDB coverage while on LWOP. Additional information is available at the following links: Supplementary Death Benefit / Supplementary Death Benefit - Employer Support Services - Government of Canada Pension Centre - Pension Services - Pay and Pension Services for Government Employees - PWGSC (tpsgc-pwgsc.gc.ca)
Public Service Pension Plan	The public sector pension plans have existing provisions for members on leave without pay. In general, employer approved LWOP can be pensionable, meaning that the period of service may count in the calculation of your public service pension, though some exceptions apply. In most situations, contributions for the first 3 months of LWOP continue at a normal single rate. After 3 months, a double rate is applied to those placed on LWOP to cover both the employer and employee contributions. For more complete information regarding LWOP, consult the following link: Public Service LWOP