Leave With and Without Pay - Reserve Forces Training and Activities

DATE:

TO: Heads of Human Resources Directors/Chiefs of Labour Relations Chiefs/Heads of Compensation
cc. Separate Employers

With the passing of Bill C-40 on the Canada Labour Code (CLC) andthe Public Service Employment Act (PSEA) have been amended.  As a result, employees who are granted leave to serve in the Reserve Forces and take part in an operation or activity referred to in section 247.5 (1) (a) to (f) of the CLC, are to be reinstated in the position that they occupied on the day before the leave began.  The purpose of this Information Notice is to advise of the following changes to the existing Treasury Board Leave With Pay and Leave Without Pay policies as a result of the amendment.

Employees appointed to the core public administration may be granted leave with or without pay for "Other Reasons", in accordance with the relevant collective agreement or special provisions in specific terms and conditions of employment, for the purpose of training and/or serving in the Reserve Forces.It is recommended that managers with delegated authority grant leave of absence for this purpose. When the request for leave is for the purpose of Reserve Forces training, such leave is to conform to the provisions of the Reserve Force Training Leave Regulations made pursuant to the National Defence Act.

In those cases where the employee requests leave without pay for the purpose of taking part in Reserve Forces activities as described in the CLC, which are:

  1. an operation in Canada or abroad –including preparation, training, rest or travel from or to the employee's residence – that is designated by the Minister of National Defence;
  2. an activity set out in the regulations;
  3. annual training for the prescribed period or, if no period is prescribed, for a period of up to 15 days;
  4. training that they are ordered to take under paragraph 33(2)(a) of the National Defence Act;
  5. duties that they are called out on service to perform under paragraph 33(2)(b) of the National Defence Act;
  6. service in aid of a civil power for which they are called out under section 275 of the National Defence Act;

the employee is to be granted leave without pay and cannot be replaced on an indeterminate basis even if the absence is for a period exceeding one year. In accordance with the Public Service Employment Act, all employees on a leave of absence for this purpose are to be reinstated in the position that they occupied on the day before the leave began.

Process

As the type of leave, reason for the leave and duration of the leave will vary for each reservist; managers with delegated authority must obtain, from the employee, appropriate National Defence documentation when approving the leave request. Furthermore, before proceeding on a leave of absence to participate in Reserve Forces activities, employees should be directed to both the National Defence and departmental Compensation organizations to seek confirmation of the impact that the leave with or without pay will have on their pay, pension, insurances and collective agreement provisions.

Departmental Compensation and Labour Relations Managers should direct any questions that they may have to their appropriate corporate officials who, if need be, can contact the Treasury Board Secretariat's Project Management, Internal Service Transformation and Pay Administration Section.

This announcement is available on the Treasury Board Secretariat Web site at: Human Resources Information Notices

Original signed by

Hélène Laurendeau
Assistant Secretary
Labour Relations and Compensation Operations

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