Employment Status “as and when required”

Date:

To: Heads of Human Resources, Directors/Chiefs of Labour Relations and Compensation

This bulletin provides clarification regarding the administration of pay and benefits for a person having an employment status of as and when required (i.e. on call, as required, intermittent).

As defined in the Policy on Terms and Conditions of Employment, an employment status of as and when required is a situation whereby a person with no assigned hours of work reports when needed and usually in response to an urgent need.

Managers are expected to respect and not misuse the intent of the expression “as and when required” meaning that if there is a predictable pattern of specific hours of work, the instrument of appointment must be modified to reflect the exact assigned work week and the person’s corresponding employment status.

A person with an employment status of as and when required is subject to the Policy on Terms and Conditions of Employment and its supporting directives and may be accorded the terms and conditions of employment as set out in the relevant collective agreement.

Although managers are strongly encouraged to hire persons with an employment status of as and when required in a casual employment tenure, under the Public Service Employment Act (PSEA) a person appointed to core public administration (CPA) can have an employment tenure as follows:

  • Indeterminate;
  • specified period appointment; or
  • casual.

In addition to the employment tenure, the Directive on Terms and Conditions of Employment stipulates the employment status as follows:

  • Full-time;
  • part-time;
  • as and when required basis; or
  • seasonal.

The instrument of appointment (i.e. letter of offer) must clearly specify the person’s employment tenure as well as the person’s employment status, in order for the compensation advisor to properly administer the person’s pay and benefits.

Based on the applicable authorities, persons with an as and when required employment status, depending on the employment tenure and the total hours worked during a month, may:

  • Accumulate and use annual leave credits;
  • accumulate and use of sick leave credits;
  • pay union dues; and
  • be entitled to other related benefits and entitlements, as appropriate.

Departments are to administer the pay and benefits for anyone whose employment status is as and when required and take appropriate action to reflect any changes that may have occurred, such as the person’s eligibility to leave credits, union dues, etc.

Departmental Compensation and Labour Relations managers should direct any questions to their appropriate corporate officials.

Corporate Departmental Labour Relations and Corporate Compensation Managers and Officers are advised that all enquiries should be sent directly to the following email address: Contact Interpretations by E-mail : Interpretations@tbs-sct.gc.ca.

Original signed by

Virginie Emiel-Wildhaber
A/Director
Pay Administration and Policy
Core Public Administration
Compensation and Labour Relations
Office of the Chief Human Resources Officer

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