Service as a member of the RCMP - Vacation Leave Entitlements

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To: Heads, Compensation and Labour Relations

In the majority of collective agreements, vacation leave credits are earned based on years of “service within the public service” and “public service” is defined in the Public Service Labour Relations Act (PSLRA) as departments named in Schedule I, other portions of the federal public administration in Schedule IV and separate agencies in Schedule V of the Financial Administration Act (FAA).

The PSLRA specifically excludes members of the Royal Canadian Mounted Police (RCMP) from the definition of “employee”. Therefore, for vacation leave entitlement purposes, years of service as a member of the RCMP have historically not been recognized.

However, the RCMP is included in Schedule IV of the FAA and in the Gingras v. Canada (2 F.C.734) decision, the Federal Court of Appeal identified a member of the RCMP to be a person employed in the public service, for the purposes of bilingual bonus. As a result, the Treasury Board Secretariat (TBS) has reviewed the current interpretation with respect to service as a member of the RCMP in the context of vacation leave entitlements.

Effective , employees who have prior service as a member of the RCMP will have their years of service recognized as public service and will be credited with the appropriate vacation leave credits as per the relevant collective agreement. As such, eligible employees may receive additional vacation leave credits as of April 1, 2010.

In order to initiate this review, departments are asked to advise employees who have prior service as a member of the RCMP, to contact their Compensation Advisor who will conduct the review of their personal file and make the necessary adjustments.

As previously identified, amended leave credits would apply retroactively to the start of this fiscal year, . There shall be no recalculation of previous vacation year entitlements.

Please note that this Information Bulletin does not apply to service with the Canadian Forces as it is not recognized as “service within the public service”.

All questions should be directed to the appropriate corporate officials.

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

Marc Thibodeau
Director
Compensation Operations
Core Public Administration
Compensation and Labour Relations
Office of the Chief Human Resources Officer

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