Here are some questions and answers with regards to WFA.
1. Members who are in surplus status and who receive a reasonable job offer – are they salary protected?
Surplus employees and laid-off persons appointed to lower level positions have their salary and applicable pay equity equalization payments protected in accordance with the salary protection provisions of the collective agreement, or in the absence of such provisions, the appropriate provisions of the Directive on Terms and Conditions of Employment. Accordingly, their salary is protected until such time as they are appointed or deployed to a position equivalent to or higher than the maximum rate of pay of their former group and level, or until they refuse an offer of appointment equivalent to the maximum of their former group and level within the same geographical area.
Performance pay and certain allowances such as terminable allowances are not salary protected.
2. Maternity leave – how does maternity leave benefits get paid back if a member returning off maternity leave is then subsequently surplus prior to them repaying what they repay when they return from maternity leave?
A TBS Information Bulletin dated 10 January 1992 clearly states - should an employee be declared surplus upon return to duty following Maternity Leave during the required 6 month period of work (it was only 6 month of maternity leave at the time), and should such employee be authorized a Payment in lieu of Unfulfilled Surplus Period ("Cash-out") under the Workforce Adjustment Directive, that employee should NOT be required to return the Maternity Leave Allowance for terminating her employment prior to the completion of the 6 month (at the time) work requirement. Although the maternity/parental leave provisions are now for a one year period, this should not change the intent of the original bulletin.
Collective agreements also specify the same under :
PSAC 38.02 Maternity Allowance PIPSC 17.04 Maternity Allowance (the same apply to Parental Allowance under PSAC 40.02 Parental Allowance and PIPSC 17.07 Parental Allowance)
3. What happens to those members who are off on long term disability or sick leave and they become affected/surplus, etc.?
Employees on LWOP whose jobs have not been staffed indeterminately and who are affected by a work force adjustment situation should be notified at the same time as all other affected employees in the unit. In this notification, the employees should be advised that upon their return to work at the end of their scheduled leave, a determination will be made as to whether a GRJO is available or not. If the end of the scheduled leave is after the expiry date of the WFAD/WFAA, they will be treated in accordance with the terms of the WFAD/WFAA in effect at that time. Refer to TBS FAQs, Q60.
4. S.1.1.34 talks about being provided a counselor – is this counselor separate from one they may engage when using the $600.00 for counseling services – if so – who are they and who appoints them?
Yes, it is separate. It is the role of the Civilian Human Resources Officer to inform and counsel (i.e., advice, support, and information) affected, opting, and surplus employees, and laid-off persons throughout the process (section 1.1.34 WFAD/WFAA). The $600 to which you refer is only available to opting employees (Refer to section 6.36 in the WFAD/WFAA) and is provided outside what is available through the Learning and Career Centres.
5. Just for confirmation - are the TSM provisions in Annex B pro-rated for full time indeterminate employees the same way that severance pay is?
For indeterminate and seasonal and part-time employees, The TSM will be pro-rated in the same manner as severance pay under the terms of the agreement.
Later additions:
6. Can a RJO be made using a different classification and bargaining unit that an employee is qualified for? For example a GL ELE 3 (SV Group) offered a EG 2 (TC Group).
Yes it can. As per the Directive:
Reasonable job offer (offre d'emploi raisonnable) – is an offer of indeterminate employment within the core public administration, normally at an equivalent level. Surplus employees must be both trainable and mobile. Where practicable, a reasonable job offer shall be within the employee's headquarters as defined in the Travel Directive. In alternative delivery situations, a reasonable offer is one that meets the criteria set out in Type 1 and Type 2 of Part VII of this Directive. A reasonable job offer is also an offer from a FAA Schedule V employer, providing that:
(a) The appointment is at a rate of pay and an attainable salary maximum not less than the employee's current salary and attainable maximum that would be in effect on the date of offer;
7. At the National WFA meeting you announced that the department would be moving ahead on processes for the FY 12/13 and 13/14 where it makes sense. How does this impact on the 120 day opting period for those employees whose positions are not scheduled for deletion until FY 13/14?
This could prove to be problematic in that these employees may not find an alternation match in a 120 day opting period this FY, but one could be found in a 120 day opting period a year later.
The department has the option of accelerating the process if an employee should request it. However, you cannot turn back the clock once the 120 days opting period is done.
Why has the department chosen to process those employees whose positions are not identified for elimination FY 13/14?
If the employee choses Option A, and the layoff date is a year or more later, when does the priority surplus period start?
Just to clarify, the Department will be issuing affected/opting letters for positions that are scheduled to be abolished in 12-13 and 13-14 and only where it makes sense for 14-15.
The department is using a multi-phase approach that includes the issuance of affected letters, particularly in situations where some but not all positions of a particular group and level, in that part of the organization, will be eliminated.
An affected letter is issued to: "an employee who has been informed in writing that his or her services may no longer be required becasue of a work force adjustment situation." Once it is determined which postion(s) will be eliminated, the employee will be issued a letter offering either a GRJO or the Options. For those offered the Options, the employee will have 120 days to make a decision and alternation can only occur during the option decision period. Refer to 6.3 of the WFAD/WFAA.
If the employee chooses option A (surplus status), his/her surplus status starts immediately for 12 months + unused portion of the 120 days.
You will note that we have provided the source documents of our answers should you wish to seek additional clarifications. We have also consulted our Compensation and Labour Relations colleagues to provide you with comprehensive answers.
