P021 Module1 Workforce Management and You

Canada School of Public Service │ 2 Objective Participants are able to apply the workforce directive in the context of a required workforce adjustment.

Canada School of Public Service │ 3 What do YOU think? Based on your knowledge and experience, what does workforce adjustment mean to you?

Canada School of Public Service │ 4 Strategic Planning (Strategy creation and management) Tactical Planning (Initiatives Management-Infrastructure and Processes) Tactical Planning (Initiatives Management- Infrastructure and Processes) Workforce Reduction Implementation and Ongoing Management Communicate to employees, unions, TBS and PSC Communicate and offer assistance, options and services to affected, surplus, opting employees as well as non-affected and non-surplus employees. Notify PSC as required Update résumé, seek assistance, activate your network, advertise your qualifications, share your interests, keep positive Integrated HR and Business Planning New vision, mandate, services, program orientation, org structure, functions, accountabilities, delegations Environmental Scan TBS delegation instruments MAF, RPP, DPR, PAA, MRRS, PMA, etc Budget reductions, A base, EMS, Strategic and operational Reviews Prime Minister Clerk of the Privy Council Speech from the Throne Treasury Board Senior Managers Departmental DM and ADMs Ministers Departmental Senior Managers and Managers Departmental Senior Managers and Middle Managers Departmental Employee, Manager and Human Resources Office Departmental Managers and Human Resources Office Employability Maintenance/ Career Management

Canada School of Public Service │ 5 WFA Situation? Work Force Adjustment (WFA) is a situation that occurs when the services of one or more indeterminate employees will no longer be required beyond a specified date due to one of the following reasons:  A lack of work;  The discontinuance of a function;  A relocation in which the employee does not wish to relocate; or  Implementation of an Alternative Delivery Initiative (ADI) initiative where the work is to be transferred to the private sector or to another level of government or to a separate employer in the Public Service, for example, a new federal agency.

Canada School of Public Service │ 6 Agreements on Work Force Adjustment  4 Agreements  NJC Directive;  Appendix to PSAC collective agreements;  Appendix to PIPSC collective agreements; and  Appendix to UCCO-SACC collective agreements (CXs)

Canada School of Public Service │ Legal Authorities for Surplus and Lay-off Declaration Public Service Commission Public Service Employment Act (PSEA): -S 64 gives deputy heads the authority to lay off employees in accordance with PSC regulations; and -S 22 gives the PSC the authority to regulate the manner in which employees are to be laid off, and the means of selecting these employees. Public Service Employment Regulations: -S 21 requires that selection for retention be based on merit, and that the remaining employees be advised that they are to be laid off.

Canada School of Public Service │ Administrative Authorities and Delegated Authorities Administrative AuthoritiesDelegated Authorities  Work Force Adjustment Directive (WFAD);  Work Force Adjustment Appendix (WFAA)-in some of the Collective Agreements;  WFA decisions are delegated to the Deputy Head;  DH retains authority related to Ex and Leadership Development Program

Canada School of Public Service │ Active Players-Roles and Responsibilities  Treasury Board Secretariat (TBS)/Office of the Chief Human Resources Officer (OCHRO)  Public Service Commission (PSC)  National Joint Council  Bargaining Agents  Work Force Adjustment Committee (WFAC)  Departments  Management  HR Directorate  HR Planning  Classification  Staffing  Labour Relations  Compensation  Pension  Counselling and EAP  Employees

Canada School of Public Service │ 10 In a workforce adjustment context what are the main responsibilities of an affected or surplus employee?

Canada School of Public Service │ 11 Employee’s right To be advised in writing that his/her services are no longer required AND to be informed of entitlements: Guarantee of a Reasonable Job Offer (GRJO)  “Surplus” employee (confers a PS-wide priority status); OR No Guarantee of a Reasonable Job Offer  “Opting” employee: employee has 90 to 120 days*(as per the applicable WFA agreement) (“opting” period) to consider three options*  -12 month paid surplus period; OR  -A lump sum payment called Transition Support Measure (TSM); OR  -TSM plus up to either $7,000 or $11,000 for tuition and other related fees  Opting also entitles employees to between $385 and $600 for counselling

Canada School of Public Service │ 12 Reasonable Job Offer (RJO)  An RJO is a written offer of indeterminate employment in the core public administration  may be at another location;  may be in another organization;  normally to a position at an equivalent or lower level paying job with salary protection.  The employee must be trainable and mobile.  A reasonable job offer is also a job offer from an employer listed in Schedule V of the Financial Administration Act (e. g. Canada Revenue Agency, Parks Canada), provided 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 b) it is a transfer without interruption in benefits (sick leave credits, severance pay and accumulated annual leave credits)

Canada School of Public Service │ 13 Guarantee of a Reasonable Job Offer (GRJO)  When an employee receives a GRJO, he/she remains on paid surplus status and maintains a priority entitlement until: he/she is placed; or he/she chooses to resign; or he/she refuses an RJO.  When an employee refuses an RJO: employee can be laid off one month after; but not sooner than 6 months from the date of being declared surplus; and employee does not have access to any lump sum payments or waiver of pension penalty.

Canada School of Public Service │ 14 No Guarantee of a Reasonable Job Offer Specific factors:  little probability of placement within the next 12 months.  employee is very specialized and retraining would be complicated and inappropriate;  activity level in the priority system;  the Core Public Administration no longer employs the skills of the employee in question;  work location is in a remote area with little federal government presence and the employee is not mobile; and

Canada School of Public Service │ 15 Work Force Adjustment Deputy Head decides that the services of one or more indeterminate employees will no longer be required due to: lack of work; discontinuance of function, relocation (where employee refuses to relocate); or alternative delivery initiative. Deputy Head must determine which employees will receive a GRJO and which ones will become “opting” employees. Employee with a GRJO On surplus priority status until receives/accepts a RJO, is laid-off or resigns. Opting Employee – No GRJO Employee has 90 to 120 days to choose one of three options depending on which agreement applies Employee Accepts RJO Removed from surplus priority status. Employee refuses RJO Laid-off but no sooner than 6 months from beginning of surplus period; Layoff priority status (unpaid) for 1 year. Option B: Transition Support Measure (TSM) Employee resigns. Receives cash payment of up to 52 weeks salary, based on years of service. Option C: Education Allowance Cash payment equivalent to TSM plus education allowance of up to $11,000. Employee resigns or takes leave without pay (LWOP) for up to 2 years to pursue education. After LWOP, If no alternate employment is found employee is laid off with layoff priority status for 12 months (unpaid). Option A: 12-Month Surplus Status to Secure a RJO Receives/accepts RJO. If does not receive/accept RJO, is laid (no sooner than 6 months) off with layoff priority status for 12 months (unpaid). If no RJO received /accepted during layoff priority status, entitlement ceases. No longer an employee of PS. Flow Chart- Work Force Adjustment Directive

Canada School of Public Service │ 16 Employee receives Opting letter Option 1: 12 month surplus status with priority entitlement Option 2: Transitional Support Measure Option 3: Transitional Support Measure + Education Allowance Employee resigns from the PS, attends a recognized learning institution and is reimbursed for eligible fees Employee receives Surplus letter with a GRJO Employee can be referred to positions within the Department Employee accepts a position during the Affected Period Employee becomes surplus priority and is referred to positions across the PS Employee receives RJO Employee accepts RJO Employee refuses RJO Employee is laid off and is entitled to layoff priority status for 12 months Employee takes LWOP for up to 2 years, attends a recognized learning institution and is reimbursed for eligible fees After 12 months Employee is referred to positions across the PS After LWOP period, employee is laid off and is entitled to layoff priority status for a 12 month period Employee accepts a job offer After 12 months, priority entitlement ceases 90 or 120 days to pick option Alternation Program: Employee exchanges positions with a non- affected employee willing to leave with TSM or Education Allowance DH decides which employees will be affected DH decides which employees are surplus DH decides which surplus employees will receive a GRJO Work Force Adjustment Process Map

Canada School of Public Service │ 17 Who is entitled to retraining?

Canada School of Public Service │ 18 COMPENSATION AND BENEFITS Salary Protection-Appointment to Lower Level Position Leaving the Public Service Working with an outside Employer or Rejoining the Public Service After Cessation of Employment Severance Pay on Leaving the Public Service Leave Credits Insurance Benefits upon Lay-Off Other deductions such as Canadian or Quebec Pension Plan, Canada Saving Bonds, Superannuation WFA Lump Sum Payments, etc.

Canada School of Public Service │ 19 What your manager needs to tell you Invite you to attend a meeting. As soon as possible (beginning / middle of the week) Follow up session, if required In confidentiality (closed door / private room / no interruptions) Give you a letter that tells you about your status Inform you about your statusGive you time to read letter Inform you of the basis of that decisionGive you time to ask questions Support youEncourage you to renew and update you résumé EAP, HR and Union coordinatesContinue to inform you

Canada School of Public Service │ 20 Some Possible and Normal Employee reactions/needs What are some of the possible reactions a given employee will experience upon receipt of a surplus letter? What are the employee’s needs at that moment? ReactionsNeeds

Canada School of Public Service │ 21 Possible Employees Coping Strategies Take a few minutes to identify some employee coping strategies that would work for you to help you overcome the reactions to a bad news.

Canada School of Public Service │ 22 Selecting employees for retention and lay-off  Process/Steps to be taken by management: 1.Determine the part of the organization that is affected; 2.Identify the similar affected positions and employees; 3.Determine the merit criteria and assessment methods; 4.Communicate decisions to employees; 5.Assess and select employees; 6.Communicate results to employees; and 7.Appoint the qualified employees

Canada School of Public Service │ 23 Organization Submits Request to PSC for Priority Clearance (through PIMS) Priority person(s) identified Search criteria accurate Term positions Indeterminate positions PSC issues Automatic Clearance PSC monitors org search criteria PSC issues clearance Org continues process Priority NOT qualified Org continues process OUT IN Priority qualified Org makes offer PSC rejects, requests more info PSC Issues clearance Org assesses & reports to PSC PSC reviews Org re-submits search with correct criteria PIMS Identifies Potentially Qualified Priorities in the Database PSC refers to Org Org provides additional Info PIMS provides names - PSC Screens PIMS provides names - Org screens No priority person identified Search criteria inaccurate, org cancels, submits new search Priority person (s) Self-Refer Priority Search/Referral/Clearance

Canada School of Public Service │ 24 Why consider a Priority Person  It is not just the law, it is a corporate responsibility that crosses all federal organizational boundaries and all managerial and executive levels;  Appointing persons with priority entitlements assists the public service in retaining competent employees; and  Managers have access to a database of potentially qualified persons who can be appointed quickly and efficiently.

Canada School of Public Service │ 25 Order of Priority Entitlement  There is a ranked order to priority entitlements based on the legislation:  “Statutory” priority entitlements in the Public Service Employment Act take precedence over the “regulatory” priority entitlements found in the Public Service Employment Regulations; and  There is a further ranked order to the statutory priorities

Canada School of Public Service │ 26 Documents Required by the PSC PIMS Electronic Registration Form - consent form must be signed by the priority person and retained in organization’s file; Current CV; Letter advising you of your status (leave of absence, lay off, surplus, etc); and Other documents, including security clearance and language assessment results, should be retained on the organization’s file and may be requested by the PSC