Leave Entitlements for Executives

An executive of the core public administration is entitled to the following vacation leave for each calendar month in which they have earned at least 10 days’ pay:

Other information about vacation leave

• The maximum carry-over of vacation leave credits is seven weeks (262.5 hours). There are provisions for exceptional circumstances, where this can be increased with approval from the delegated manager.
• Typically, any earned but unused vacation leave entitlement in excess of the maximum carry-over on March 31^st of each year will be automatically paid in cash, unless previous permission is granted by the delegated manager.

• An executive earns sick leave credits at the rate of one and one-quarter (1-1/4) days (9.375 hours) for each month where they receive at least 10 days’ pay.
• A medical certificate is required for sick leave, when requested by the delegated manager.
• An executive with insufficient or no sick leave credits, may be granted up to 25 days of sick leave by their delegated manager. Any advance of sick leave is deducted from sick leave credits subsequently earned.
• Once during the course of a career, at the discretion of the deputy head, an executive may be granted up to 130 days of sick leave (26 weeks), when the executive has insufficient sick leave credits to cover the entire period of an illness and the executive has used all accumulated sick leave credits. This request requires a medical certificate. This leave will not be recovered from future leave credits.   The deputy head may authorize the use of any unused portion of the 130 days for a subsequent serious illness.

On approval from the delegated manager, and subject to operational requirements, executives are entitled to two days of paid personal leave each fiscal year. The leave may be taken in periods of 7.5 hours or 3.75 hours each.

Personal leave cannot be carried over to the next fiscal year and is not eligible to be cashed out.

Subject to approval of the delegated manager, an executive may be granted up to 5 days of leave with pay during any fiscal year, for family-related responsibilities.

In this context family is defined as:

• spouse or common-law partner resident with the executive;
• children (including foster children, children of spouse or common-law partner, or ward of the executive);
• parents (including step-parents and foster-parents);
• any relative residing in the executive’s household or with whom the executive permanently resides; and,
• a person who stands in the place of a relative for the eligible executive whether or not there is any degree of consanguinity between such person and the executive.

This leave cannot be carried over to the next fiscal year and is not eligible to be cashed out.

The employer grants executives paid time off, for up to half a day, to attend their own medical and dental appointments for routine, periodic check-ups.

When a series of continuing medical or dental appointments are necessary for treatment of a particular condition, absences are to be taken as sick leave.

When a member of an executive’s family dies, the executive is entitled to leave with pay of a duration considered appropriate by the delegated manager (i.e., this type of leave has no pre-determined limit for executives).

In this context family is defined as:

• spouse or common-law partner resident with the executive;
• children (including foster children or children of spouse or common-law partner), stepchildren, son-in-law, daughter-in-law and grandchildren;
• parents (including step-parents and foster-parents), father-in-law, mother-in-law and grandparents (including grandparents of spouse or common-law partner);
• brothers and sisters, brothers-in-law and sisters-in-law;
• aunts or uncles;
• any relative residing in the executive’s household or with whom the executive permanently resides; and,
• a person who stands in the place of a relative for the eligible executive whether or not there is any degree of consanguinity between them.

Note: An executive is only entitled to bereavement leave for “a person who stands in the place of a relative” once during the executive’s public service career.

To be eligible for the maternity or parental allowance, an executive must meet all the following conditions:

• have at least 6 months of continuous employment before starting their maternity/parental leave without pay
• provide proof that they have applied for and are eligible to receive maternity, paternity, parental or adoption benefits under Employment Insurance (EI) or the Quebec Parental Insurance Plan
• sign an agreement stating that they will return to work when their leave without pay expires, and work for at least as long as the period for which they receive a maternity allowance and/or a parental allowance (only 60% of the period of parental leave if the executive selects the extended option).

The maternity leave is only available to the executive who is pregnant, while the parental leave can go to either parent or be shared. The total leave (maternity and parental leave) cannot exceed 57 weeks for the standard option or 86 weeks for the extended option.

The maternity leave ends no later than 18 weeks after the date or the expected date of childbirth. Benefits are 93% of salary less benefits received benefit under EI or the Quebec Parental Insurance Plan.

During the parental leave benefits are 93% of salary under the standard option or 55.8% of salary under the extended option, less benefits received under EI or the Quebec Parental Insurance Plan.

See below for details.

Maternity leave

Maternity allowance payments made according to the Supplemental Unemployment Benefit Plan generally consist of:

• 93% of the executive’s weekly rate of pay for the waiting period of one week for EI maternity benefit, if applicable; and
• for each week the executive receives maternity benefit under EI or the Quebec Parental Insurance Plan, the difference between 93% of their weekly rate of pay and the maternity benefit.

Parental leave

An executive who becomes a parent through the birth or adoption of a child is granted parental leave without pay. Two options are available for parental leave:

• The standard option, which consists of up to 37 consecutives weeks within the 57-week period beginning on the date of the child’s birth or the date of acceptance of custody of the child for adoption; and
• The extended option, which consists of up to 63 weeks in the 86 week period beginning on the date of the child’s birth or the date of acceptance of custody of the child for adoption.

At the request of the executive and at the discretion of their manager, the leave may be taken in two periods.

Note: Under the Employment Insurance (EI) benefits plan, parental allowance is payable under either the standard option or the extended option. However, under the Quebec Parental Insurance Plan, the parental allowance is payable only under the standard option.

Once an executive elects the standard or extended option and the weekly benefit top-up allowance is set, the decision is irrevocable.

Parental allowance payments made according to the Supplemental Unemployment Benefit Plan generally consist of the following:

Standard option

• 93% of the executive’s weekly rate of pay for the waiting period of one week for EI parental benefit, if applicable; and
• For each week the executive receives parental, paternity or adoption benefits under EI or the Quebec Parental Insurance Plan, the difference between 93% of their weekly rate of pay and the parental, paternity or adoption benefit.
• Where an executive has received the full 18 weeks of maternity benefits and the full 32 weeks of parental benefit or has divided the full 32 weeks of parental benefits with another employee in receipt of the full 5 weeks paternity under the Quebec Parental Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, the executive is eligible to receive a further parental allowance for a period of 2 weeks of 93% of their weekly rate of pay per week.
• Where an executive has received the full 35 weeks of parental benefit under EI and thereafter remains on parental leave without pay, they are eligible to receive a further parental allowance of 93% of their weekly rate of pay, for one week, unless the executive has already received the allowance for the waiting period of parental benefit mentioned above, for the same child.
• Where an executive has divided the full 37 weeks of adoption benefits with another employee under the Quebec Parental Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of up to 2 weeks, 93% of their weekly rate of pay for each week.
• Where an executive has divided the full 40 weeks of parental benefits with another employee under the EI plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of 1 week, of 93% of their weekly rate of pay, unless said employee has already received the 1 week of allowance for the waiting period of parental benefit mentioned above, for the same child.

Under this option, the maximum combined – shared maternity and parental allowances – cannot exceed 57 weeks for each combined maternity and parental leave without pay.

Extended option

• 55.8% of the executive’s weekly rate of pay for the waiting period of one week for EI parental benefit, if applicable; and
• For each week the executive receives parental, paternity or adoption benefits under EI, the difference between 55.8% of their weekly rate of pay and the parental, paternity or adoption benefit;
• Where an executive has received the full 61 weeks of parental benefit under EI and thereafter remains on parental leave without pay, an additional allowance of 55.8% of their weekly rate of pay, for one week, unless the executive has received the allowance for the waiting period of parental benefit mentioned above, for the same child;
• Where an executive has divided the full 69 weeks of parental benefits with another employee under the EI plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for one week, of 55.8% of their weekly rate of pay.

Under this option, the maximum combined – shared maternity and parental allowance payable – cannot exceed 86 weeks for each combined maternity and parental leave without pay.

An executive is entitled to leave without pay for the care of a family member if:

• the executive gives at least 4 weeks notice – unless it cannot be given because of an urgent or unforeseeable circumstance;
• the leave is for at least 3 weeks.

The total care of family leave cannot exceed 5 years during the executive’s total period of employment in the core public administration.

In this context, family is defined as:

• spouse or common-law partner resident with the executive;
• children (including foster children, children of spouse or common-law partner, or ward of the executive);
• son-in-law, daughter-in-law;
• parents (including step-parents and foster-parents);
• any relative residing in the executive’s household or with whom the executive permanently resides; and,
• a person who stands in the place of a relative for the eligible executive whether or not there is any degree of consanguinity between them.

Subject to operational requirements as determined by the Employer, an executive who self-declares as an Indigenous person (First Nations, Inuit or Métis) shall be granted upon request up to 15 hours of leave with pay and 22.5 hours of leave without pay per fiscal year, to engage in traditional Indigenous practices, including land-based activities such as hunting, fishing, and harvesting.

The leave may be taken in one or more periods. Each period must be for at least 7.5 hours.

Executives in receipt of, or awaiting, EI benefits for compassionate care, for family caregiver for children or for adults, may be granted caregiving leave without pay.

• The executive must provide proof that they are in receipt of or awaiting Employment Insurance (EI):
  • compassionate care benefits (providing care to a person who requires end-of-life care);
  • family caregiver for children benefits (providing care to a critically ill or injured person under 18); or
  • family caregiver for adults benefits (providing care for a critically ill or injured person 18 or over).
• The leave covers any applicable waiting period, plus up to:
  • 26 weeks for compassionate care benefits
  • 35 weeks for family caregiver for children benefits
  • 15 weeks for family caregiver for adults benefits.

Domestic violence is defined as any form of abuse or neglect that an executive or their child experiences from someone with whom the executive has or had an intimate relationship.

Upon request, an executive who is subject to domestic violence or who is the parent of a dependent child who is subject to domestic violence from someone with whom the executive has or had an intimate relationship will be granted paid domestic violence leave of up to 75 hours per fiscal year in respect of such violence for themselves or their dependent child, for the following:

• To seek care and/or support in respect of a physical or psychological injury or disability;
• To obtain services from an organization which provides services for those who have been subject to domestic violence;
• To obtain professional counselling;
• To relocate, temporarily or permanently;
• To seek legal or law enforcement assistance or to prepare or participate in any legal proceeding.

Note: An executive is not entitled to domestic violence leave if they are charged with an offense related to that act or if it is probable that the executive committed that act.

Executives are entitled to leave with pay for:

• Jury duty; and
• Appearing before any body authorized by law to compel the attendance of witnesses, when summoned or subpoenaed to do so.

Executives are eligible for exceptional leave with pay, as the delegated manager considers appropriate, for a period of up to 5 days in one fiscal year.

Under exceptional circumstances, the deputy head can approve this leave with pay for a period exceeding the 5 days noted above. This authority cannot be sub-delegated. The request for such leave must be substantiated.

Leave granted as exceptional leave with pay may be carried over into the next fiscal year and should be used within six months of being granted.

Such leave is usually granted in situations where executives are required to work excessive hours over a prolonged period.

This is often referred to as management leave.

The deputy head may approve professional development leave without pay for a period of up to one year to pursue learning activities. This period may be renewed by mutual agreement.

The executive is eligible for an allowance in lieu of salary. The allowance is normally up to 50% of the executive’s base salary. In exceptional circumstances, and depending on the degree to which the professional development leave is deemed to be directly relevant to organizational requirements, the allowance may be greater than 50% and up to one 100% of the executive’s base salary. At the discretion of the deputy head, tuition fees and course material may also be partially or fully reimbursed.

Professional development leave may be authorized if the executive:

• is a full-time indeterminate executive;
• has at least 5 years of experience in executive positions;
• has met achieved results and demonstrated the key leadership competencies in the two years prior to requesting professional development leave;
• demonstrate the value of the learning project; and
• if an allowance in provided in lieu of salary, gives a written undertaking 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 the executive fails to complete the learning activity successfully or does not resume employment, except for reason of death or lay-off, the executive will replay all allowances paid to them or such lesser sum determined by the deputy head.

Professional development leave without pay with an allowance in lieu of salary cannot exceed 24 months in an executive’s career.

At the executive’s request, the delegated manager approves leave without pay for up to one year if the executive’s spouse or common-law partner is permanently relocated, or up to five years if the spouse or common-law partner is temporarily relocated.

Subject to their deputy head approval, an executive is eligible for leave without pay for any purpose not otherwise specified in the Directive on Terms and Conditions of Employment for Executives.

This would be considered, for examples, for an assignment with an international organization or to accept an appointment in a Minister’s office.

The pre-retirement transition leave allows an employee who is eligible for an unreduced pension, or who is within two years of becoming eligible for an unreduced pension, to reduce their workweek by up to 40%. The salary is reduced accordingly, while the pension and benefit coverage (as well as applicable premiums and contributions) are maintained at pre-arrangement levels.

Executives are eligible to request this type of leave and persons with the delegated authority may approve requests if a thorough evaluation confirms that the work arrangement is operationally feasible and that it would not negatively affect the quality of services or costs associated with service delivery.

The executive must:

• be an indeterminate employee;
• not be surplus at the start of the leave arrangement;
• be eligible for an unreduced pension at the start of the leave arrangement or be within two years of becoming eligible for an unreduced pension;
• agree to resign effective at the end of the leave arrangement;
• agree not to work for the federal public service while on leave without pay; and
• agree to respect the measures established in the Values and Ethics Code for the Public Sector while on leave without pay.

Important note: The Income Tax Act places certain maximums on the total amount of leave without pay, exclusive of sick leave without pay, that can be treated as pensionable service under a registered pension plan (including the public service pension plan). Please validate if you have taken extended leave without pay.

Leave with income averaging allows eligible employees, including executives, to reduce the number of weeks worked in a 12-month period by taking leave without pay for a period between 5 weeks and 3 months. Pay is reduced accordingly and averaged out over the 12-month period. Pension and benefits coverage (as well as the applicable premiums and contributions) continue at the pre-arrangement levels.

Since this type of leave without pay cannot exceed three months, the full period of leave is pensionable.

Please note that this type of leave is not available in all organizations and is subject to the operational requirements of the position.

This work arrangement can only be approved if a thorough evaluation indicates that the quality of service or costs associated with service delivery will not be adversely affected.

The executive must:

• be an indeterminate employee;
• not be surplus at the start of the leave arrangement;
• agree not to work for the federal public service while on leave without pay; and
• agree to respect the measures established in the Values and Ethics Code for the Public Sector while on leave without pay.

Persons participating in the leave with income averaging working arrangement cannot participate in the pre-retirement transition leave working arrangement.