Types of Leave Without Pay
Illness or injury in the workplace
Prior to pursuing LWOP, executives who have exhausted their sick leave should consider requesting special sick leave[2] with pay. Deputy heads can grant executives up to one hundred and thirty (130) days of paid sick leave once during the course of their career. This leave, which may be granted after an executive has used all accumulated sick leave credits, can be used as required, depending on the executive’s progress towards recovery and will not be recovered from future leave credits. Requests for this leave must be substantiated with a medical certificate. Your Deputy head can authorize the use of any unused portion of the 130 days for a subsequent serious illness.
Persons with the delegated authority should regularly re-examine all cases of LWOP due to illness or injury in the workplace to ensure that continuation of LWOP is supported by current, medical evidence.
Leave without pay due to illness or injury in the workplace ends when the executive returns to work or when employment ceases (e.g., resignation or retirement).
When in receipt of disability insurance benefits, executives should be aware that they are placed on sick LWOP, which means that the first 3 months of absence is pensionable and they may elect to continue making contributions to the pension plan at single rates for the period beyond 3 months. It is important to note that a decision to decline making pension contributions for the period beyond the initial 3 months cannot be reversed at a later date.
In accordance with the Income Tax Act requirements for registered pension plans, the public service pension plan restricts the amount of pensionable LWOP, other than sick LWOP, to a career maximum of five years[3] plus up to three years of child care leave. Leave without pay for suspension, layoff or an unauthorized absence is not considered pensionable.
This means that if you are on sick LWOP, you may continue making pension plan contributions at single rates until the department decides to terminate your employment or you are no longer eligible for disability insurance benefits and unable to return to work. Executives in receipt of disability insurance benefits who are asked to resign (e.g., apply for medical retirement) are encouraged to consult with a financial advisor to better understand the impact of resignation on pension benefits.
Acceptance of employment in the office of a minister, a minister of State, a secretary of State, or a member of Parliament
Upon request, the person with the delegated authority may grant LWOP for an executive appointed to the core public administration for a period of absence to accept employment in the office of a minister, a minister of State, a secretary of State, or a member of Parliament. Executives employed by a Separate Agency should contact their Human Resources department for advice.
Political activity
Executives appointed to the core public administration must consult their departmental Human Resources advisor to seek direction regarding the provisions related to political activity in the Public Service Employment Act[4]. Executives employed by a Separate Agency not subject to this Act should contact their Human Resources department for advice.
Seek nomination as or be a candidate in a federal, provincial, territorial or municipal election
Requests for LWOP to seek nomination as a candidate or to be a candidate in a federal, provincial, territorial or municipal election must be sent from the person with the delegated authority to their departmental human resources senior official so that the Public Service Commission can be consulted.
If the Public Service Commission grants permission to seek nomination as a candidate or to be a candidate in a federal, provincial, territorial or municipal election, the executive may proceed on LWOP.
The period of LWOP ends on the day on which the results of the election are officially declared, or on an earlier day, as requested by the executive if she or he has ceased to be a candidate.
When an executive appointed to the core public administration is declared elected as a member of the House of Commons, the legislature of a province, the Council of the Yukon Territory, the Council of the Northwest Territories or the Legislative Assembly of Nunavut, they cease to be an employee pursuant to the Public Service Employment Act. Executives employed by a Separate Agency not subject to this Act should contact their Human Resources department for advice.
Service in the Canadian Forces Reserve
Executives appointed to the core public administration who request leave to serve in Reserve Forces activities, as described in subsection 247.5(1) of the Canada Labour Code[5] as:
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- an operation in Canada or abroad – including preparation, training, rest or travel or to the employee’s residence – that is designated by the Minister of National Defence;
- an activity set out in the regulations;
- annual training for the prescribed period, or, if no period is prescribed, for a period of up to 15 days;
- training that they are ordered to take under paragraph 33(2)(a) of the National Defence Act[6];
- duties that they are called out on service to perform under paragraph 33(2)(b) of the National Defence Act;
- service in an aid of a civil power for which they are called out under section 275 of the National Defence Act.
are to be granted LWOP by persons with the delegated authority and cannot be replaced on an indeterminate basis, even if the absence is for a period exceeding one (1) year. This leave must conform to the provisions of the Reserve Forces Training Leave Regulations made pursuant to the National Defence Act[7].
Executives on LWOP for this purpose may only be replaced on a term basis and are to be reinstated in the position that they occupied on the day before the day on which the leave began. If the person with the delegated authority is not able to reinstate the executive in that position by reason of a workforce adjustment, the workforce adjustment measures apply.
Executives employed by a Separate Agency not subject to the National Defence Act should contact their Human Resources department for advice.
Education
Approval of education LWOP is at the discretion of the deputy head, who can approve a period of up to one (1) year to pursue learning activities. This authority cannot be sub-delegated. This period can be renewed by mutual agreement.
An executive on education LWOP may request an allowance in lieu of salary. This allowance is normally up to fifty per cent (50%) of the executive’s base salary. In exceptional circumstances, and depending on the degree to which the leave is deemed to be directly relevant to organizational requirements, the allowance can be greater than fifty per cent (50%) and up to one hundred per cent (100%) of the executive’s base salary. Only at the discretion of the Deputy head can tuition fees and course material also be partially or fully reimbursed.
Education LWOP with an allowance in lieu of salary cannot exceed twenty-four (24) months in an executive’s career.
An executive requesting education leave must meet all of the following conditions:
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- is a full time indeterminate executive;
- has at least five (5) years’ experience in executive positions;
- has met both Government-wide Corporate and Individual Commitments in the two years prior to requesting education leave;
- demonstrates the value of the learning project; and
- in the case of education leave with an allowance in lieu of salary, gives a written undertaking prior to the commencement of the leave to return to the service of the department granting the leave or an organization in the core public administration for a period of not less than 1.5 times the amount of leave granted.
If you fail to complete the course successfully, or do not resume employment as stipulated above, except by reason of death or lay-off, you are responsible for repaying all allowances received during the period of leave or such lesser sum as determined by the deputy head.
Education LWOP may affect your entitlement to certain benefits, so it is recommended that you consult your compensation service provider prior to commencing the leave.
Education LWOP may also impact how your accrual of vacation leave during your absence:
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- If the leave is primarily in the interest of the executive, only the first three (3) months of educational LWOP is counted as service.
- If the leave is primarily in the interest of the department, the whole duration of the educational LWOP pay is counted as service.
Relocation of spouse or common-law partner
At your request, the delegated manager will approve LWOP of up to one (1) year if your spouse or common-law partner is permanently relocated, and up to five (5) years if your spouse or common-law partner is temporarily relocated. There is no requirement for the requestor’s spouse or common-law partner to be an employee in the federal public service. Approval of this type of leave is not discretionary.
For the purpose of calculating vacation leave entitlement, only the first three (3) months of this type of leave count.
Leave with income averaging
Leave with income averaging allows eligible employees to reduce the number of weeks worked in a specific twelve (12) month period by taking LWOP for a minimum period of five (5) weeks up to a maximum period of three (3) months. The result is that your pay is reduced and averaged out over the twelve (12) month period to reflect the reduced time at work.
Since this type of LWOP cannot exceed three (3) months, the full period of leave is pensionable. Pension and Supplementary Death Benefit (SDB) contributions are deducted on an ongoing basis from your reduced salary.
Note: This type of leave is not available in all organizations subject to the public service pension plan and Separate employers offering this type of leave may have established different parameters. You are encouraged to consult with your Human Resources department.
Maternity/Parental
Maternity leave is an unpaid leave for eligible employees in respect to pregnancy, childbirth, post-childbirth recuperation, adoption and childcare. Approval of maternity LWOP pay is not discretionary.
Parental LWOP is leave for a male or female employee for the purpose of caring for their new-born or adopted child. Approval of parental LWOP is not discretionary.
If you have completed at least six (6) months of continuous employment and have requested maternity or parental leave, you will be paid an allowance in accordance with the Supplemental Unemployment Benefit (SUB) Plan[8]on the condition that you:
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- agree to return to work for a period equal to the period of receipt of the maternity/paternity allowance; and
- provide your immediate manager with proof that you have applied for and are eligible to receive maternity/paternity benefits under the Employment Insurance or Quebec Parental Insurance Plan.
If you apply for and are in receipt of Employment Insurance/Parental Insurance benefits during a maternity/parental leave, this insurance benefit is topped up to an amount equivalent to ninety-three per cent (93%) of your normal weekly rate of pay based on your substantive level. If on the day immediately preceding the commencement of this leave, you are on an acting assignment that has been ongoing for at least four (4) months, the weekly rate of pay to be used to calculate the SUB Plan payment is your acting rate of pay.
If you fail to return to work for reasons other than death, layoff, or having become disabled as defined in the Public Service Superannuation Act[9], on the date specified by your immediate manager and for a period of time equivalent to the time for which the allowance was paid, then all monies received by you as an allowance, equivalent to the period for which you failed to return to work, will be recovered.
If you were appointed for a specified period of employment and the period expired while you were on maternity/parental leave and you are subsequently rehired in the core public administration within a period of ninety (90) days or less, you are not indebted for the amount of allowance paid if the new period of employment is sufficient to meet the obligations of returning to work for a period equal to the period of time when you were in receipt of the allowance. Periods of LWOP during your return to work do not count as time worked, but they do not activate the recovery provisions.
The period of maternity/parental leave counts for the calculation of service for the purpose of calculating vacation leave.
Executives employed by a Separate Agency should contact their Human Resources department for advice.
Maternity Leave:
An executive who becomes pregnant will, upon request, be granted maternity LWOP for a period beginning before, on or after the date of childbirth, and ending no later than eighteen (18) weeks after the date of childbirth or the expected date of childbirth, provided that she has completed at least six (6) months of continuous employment before the commencement of the leave.
Parental Leave:
An executive who becomes a parent through the birth of a child or adoption of a child is granted parental LWOP for a single period of up to thirty-seven (37) consecutive weeks within the fifty-two (52) week period beginning on the date of the child’s birth, or the date of acceptance of custody of the child for adoption. Upon request and at the discretion of the immediate manager, this leave can be taken in two (2) periods.
The period of parental LWOP ends no later than fifty-two (52) weeks after the child is born or the acceptance of custody.
Where a period of maternity LWOP has been extended due to the hospitalization of the newborn child and is followed by a period of parental LWOP, the period of parental LWOP will end no later than one hundred and four (104) weeks after the day the child is born.
The maximum combined maternity and parental allowances payable to a public service couple, where one of the two (2) employees is subject to these provisions, is not to exceed fifty-two (52) weeks.
Care of Family Leave
Leave without pay for the care of a family member is approved when requested, provided that you have met the following conditions:
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- you have notified your immediate manager at least four (4) weeks in advance of the commencement date of the leave, unless such notice cannot be given because of an urgent or unforeseeable circumstance;
- the leave is for a period of at least three (3) weeks; and
- the total leave granted does not exceed five (5) years during your total period of employment in the core public administration.
For the purpose of calculating vacation leave entitlement, only the first three (3) months of leave for care of family is counted as service.
Special Leave Without Pay
Executives may request Special Leave Without Pay for any purpose that is not otherwise specified in the Directive on Executive Compensation. Approval of this leave is at the discretion of Deputy Heads.