WFA Answers: WFA Entitlements

 

WFA Entitlements

  • Under what circumstances would salary protection be offered to surplus employees?

The salary protection provisions in the Treasury Board collective agreements state:

5.1.1 Surplus employees and laid-off persons appointed to a lower level position under this Appendix shall have their salary and pay equity equalization payments, if any, protected in accordance with the salary protection provisions of this Agreement or, in the absence of such provisions, the appropriate provisions of the Regulations Respecting Pay on Reclassification or Conversion.

5.1.2 Employees whose salary is protected pursuant to 5.1.1 will continue to benefit from salary protection until such time as they are appointed or deployed into a position with a maximum rate of pay that is equal to or higher than the maximum rate of pay of the position from which they were declared surplus or laid-off.

  • How are years of service calculated for severance and transition support measure payments? Especially with seasonal staff; is it number of seasons or are seasons counted only as partial years?

The transition support measure is pro-rated for indeterminate seasonal and part-time employees. As such, it reflects actual time worked.

  • If a full time indeterminate employee gets a letter that states there will a reduction in hours for their position, does the WFA process offer any compensation to this employee?

A reduction in hours may or may not be covered under the workforce adjustment appendix, depending on the situation and your collective agreement provisions. For information about your specific situation, please contact your component representative.

  • For the transition support measure, how are the years of service counted: continuous or pensionable years of service?

“Years of service” for purposes of the TSM is based on the definition of “continuous employment”, as set out in Part 5 the Treasury Board Directive on Terms and Conditions of Employment.

  • Is there a timeline for the TSM’s two payments?

The collective agreement does not specify when the payments will be made.  Normally, it would be one payment in each of the two years. 

  • If you take the education allowance, by the time you finish school and are laid off, would you be eligible for EI?

If you choose option c(ii), education allowance with a two year leave without pay, at the end of the two years, you would be laid-off pursuant to the Public Service Employment Act. This means you will then be on lay-off priority for a year, and you can also collect your severance pay. You should be eligible for EI, but for more information on EI entitlements, please consult Service Canada.

  • Are you eligible for the transitions support measure if you retire?

You will only be entitled to the transition support measure in one of two circumstances: 1) you are declared surplus and not provided with a guarantee of a reasonable job offer, and you choose option b or c; or 2) you alternate with an opting employee.

  • Is TSM based on years of service, not the person who would be taking your job?

If an opting employee alternates with a non-affected employee, the two employees switch places.  The “alternate” then receives the TSM (and the education allowance, if applicable), which is based on his/her years of service.