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1. Home >
2. Guide on Priority Administration
3. > Part II, Chapter 4

Part II, Chapter 4: Employee who becomes disabled

Table of Contents

• 4.1 Legal Basis
• 4.2 The Entitlement
• 4.3 The Meaning of "Disabled"
• 4.4 Date the Employee Becomes Disabled
• 4.5 The Five-Year Qualifying Period
• 4.6 Competent Authority
• 4.7 Effect of Termination of Employment on Entitlement
• 4.8 Duration of Priority Entitlement
• 4.9 Status when the Priority Expires (Termination/Continuation of Employment)
• 4.10 Confidentiality of Medical Information
• 4.11 Lower-Level Appointment /Reinstatement Priority
• 4.12 Temporary Work - Protecting the Priority Entitlement
• 4.13 Concurrent Priority Entitlements
• 4.14 Documents Required by the PSC to Support Registration
• 4.15 Notes for Registration

4.1 Legal Basis

PSER 7

• (1) An employee who becomes disabled and who, as a result of the disability, is no longer able to carry out the duties of their position is entitled to appointment in priority to all persons, other than those referred to in section 40 and subsections 41(1) and (4) of the Act, to any position in the public service for which the Commission is satisfied that the employee meets the essential qualifications referred to in paragraph 30(2)(a) of the Act.
• (2) The entitlement period begins on the day on which a competent authority certifies that the employee is ready to return to work, if that day is within five years after the day on which they became disabled, and ends on the earliest of
  • (a) the day that is two years after the day of certification,
  • (b) the day on which the employee is appointed or deployed to a position in the public service for an indeterminate period, and
  • (c) the day on which the employee declines an appointment or deployment to a position in the public service for an indeterminate period without good and sufficient reason
• (3) The entitlement under subsection (1) continues even if, as a result of the person's disability, they cease to be an employee.
• (4) For the purpose of this section, an employee is considered to be disabled if they qualify for disability compensation under
  • (a) the Canada Pension Plan;
  • (b) An Act Respecting the Québec Pension Plan, R.S.Q., c. R-9, as amended from time to time;
  • (c) the Public Service Superannuation Act;
  • (d) the Government Employees Compensation Act; or
  • (e) a public service group disability insurance plan.

4.2 The Entitlement

Persons holding this priority type are entitled to be appointed to any position in the public service for which they meet the essential qualifications, referred to in PSEA 30(2)(a), in priority to all persons, except for those who possess a statutory priority. There is no specified order of appointment with respect to persons holding other regulatory priorities.

The entitlement is only available to persons who were indeterminate (as per PSER section 4(2)) employees when they became disabled.

The type of disability, whether the disability was incurred at the work place or away from the work place, or whether the employee became disabled while on duty are not important in determining eligibility for this entitlement. The only factors that need to be considered are:

• Did the employee, as a result of the disability, qualify for disability benefits/compensation?
• Was the employee, as a result of the disability, unable to carry out the duties of their substantive position?

If the person is still an employee at the time he or she is certified as being ready to return to work, his or her position has not been back-filled on an indeterminate basis and its duties have not changed to the point that it is a new position, the employee simply returns to the position. No appointment is needed and priority entitlement is not required.

The priority entitlement comes into play when the employee is unable to carry out the duties of his or her substantive position as a result of the disability, and continues even if the employee is released as a result of the disability.

NOTE: If another employee has been appointed or deployed into the employee's position on an indeterminate basis during the period of leave, then the employee becomes entitled to the leave of absence priority. The home organization should update the registration in the PIMS and provide the PSC with a copy of the letter of offer back-filling the position and the letter informing the employee of the change in entitlement.

4.3 The Meaning of "Disabled"

The employee is considered to be disabled if he or she qualifies for disability compensation under an applicable compensation plan, including the Canada Pension Plan, the Quebec Pension Plan, the Public Service Superannuation Act, the Government Employees Compensation Act, or a public service group disability insurance plan. Provincial workers' compensation plans are also considered to be applicable compensation plans.

4.4 Date the Employee Becomes Disabled

The date on which the employee becomes disabled, for the purposes of this priority entitlement, is the effective date on which the employee qualifies for disability compensation. This effective date is determined by the applicable compensation plan and may not necessarily be the same date on which the plan informs the employee and the home organization of its decision.

4.5 The Five-Year Qualifying Period

The disabled person is entitled to a "qualifying period", or "window", of five years in which to qualify for the priority.

The five-year qualifying period starts on the date the insurer recognizes the person as being disabled. If the person is certified by a competent authority as able to return to work on an effective date which falls within the five-year qualifying period, then the person becomes entitled to the priority starting on that effective date.

4.6 Competent Authority

The competent authority who must certify that the employee is ready to work would normally be the treating physician. Other competent authorities are possible, depending on the disability issue. Questions about what would constitute a competent authority should be directed to the PSC Priority Administration Unit.

In certain situations, the insurer that originally certified that the employee was disabled may require additional health assessments and/or information to assist in appropriate placement or work modification to facilitate the return to work. This information would normally be available through the Workplace Health and Public Safety Program of Health Canada.

4.7 Effect of Termination of Employment on Entitlement

Termination of employment for cause, during the five-year "qualifying period", or during the two-year priority period, does not terminate the disability priority entitlement. Nor does it exempt the home organization from responsibility for the priority person should he or she be able to return to work and exercise this priority entitlement.

4.8 Duration of Priority Entitlement

The entitlement period begins on the day on which a competent authority certifies that the employee is ready to return to work, if that day is within five years after the day on which they became disabled, and ends on the earliest of:

1. the day that is two years after the day of certification,
2. the day on which the employee is appointed or deployed to a position in the public service for an indeterminate period, and
3. the day on which the employee declines an appointment or deployment to a position in the public service for an indeterminate period without good and sufficient reason.

NOTE: The start dates and durations of the various entitlements are set by the PSEA and/or PSER and cannot be altered. The PSC will only begin marketing the priority person once he or she is registered in the PIMS. Late registration will reduce the effective period of entitlement and may result in lost opportunities for the priority person.

4.9 Status when the Priority Expires (Termination/Continuation of Employment)

The expiry of the priority entitlement at the end of the two-year period does NOT terminate an employee's employment.

The PSC will remove the person from the priority list when the priority expires, unless the organization provides a registration for another priority type.

4.10 Confidentiality of Medical Information

Home organizations are not to disclose confidential medical information or diagnostic assessments to the PSC or to hiring organizations to which the priority person is referred for employment consideration.

4.11 Lower-Level Appointment /Reinstatement Priority

A person who is appointed to a lower-level position during the priority period becomes entitled to the reinstatement priority.

The hiring organization must notify the PSC by submitting a Referral Feedback Form or a Request for Clearance for the Appointment of a Priority Person.

The PSC will change the person's priority status to reinstatement.

4.12 Temporary Work - Protecting the Priority Entitlement

Home organizations that are not able to appoint the person on an indeterminate basis when he or she is ready to return to work are sometimes able to offer temporary work on either a part-time or a full-time basis. Home organizations, however, should ensure that such arrangements are clearly documented and communicated to the parties as temporary by making a specified term appointment with a clearly indicated time limit. This measure will ensure that the arrangement is not seen as an indeterminate appointment, which would have the effect of ending the priority entitlement.

4.13 Concurrent Priority Entitlements

The disabled priority entitlement may run concurrently with, and independently of, other priority types to which the person may be entitled, such as leave of absence, relocation of spouse or common-law partner, and surplus. The provisions, rights and obligations of the other priority types would also apply.

1. Status if employee's position is back-filled indeterminately
   • If the disabled employee on leave of absence is replaced by another person's indeterminate appointment or deployment to the disabled employee's substantive position, then the disabled employee also becomes entitled to the leave of absence priority.
   • The two priority types run concurrently but the leave of absence priority will be displayed in the PIMS, as this is the higher of the two priority entitlements. The file will be annotated to show the disabled priority, to be used as needed.
   • The organization must notify the PSC of the employee's additional status by using the "Change in Priority Type" function in the PIMS, indicating in "Additional Comments" that the disabled priority continues.
2. Status if the employee's position is declared surplus
   • In this case, if the employee or priority person is declared surplus, then he or she becomes entitled to the surplus priority and holds both priority types: surplus and priority entitlement for an employee who becomes disabled.
   • The organization must notify the PSC by sending a "Change in Priority Type" via the electronic "Registration Form". The PIMS would then display the priority type as surplus.

4.14 Documents Required by the PSC to Support Registration

• The PIMS electronic on-line Registration Form;
• Letter or form from the appropriate disability insurance plan certifying that the employee qualifies for disability compensation, with the effective date;
• Letter or form from the competent authority certifying that the employee is ready to return to work, with an effective date; and
• Letter advising the PSC when, and if, the employee is released for cause, in order to re-evaluate the recommended groups and levels for referral purposes.

4.15 Notes for Registration

Referrals can be better targeted if the PSC is made aware of any limitations on the type of work the person is capable of performing, and the type of job accommodation that may be needed. The PSC will gather this information from the priority person, and its disclosure to the PSC will be voluntary on the part of the priority person. The person can refer to the competent authority who certified that the person was ready to return to work, the workers' compensation board or the applicable insurers. In the event special assistance is required, the Workplace Health and Public Safety Program at Health Canada is available to act as a resource in establishing appropriate work restrictions.

NOTE: Nothing in this priority entitlement affects the normal Duty to Accommodate in accordance with employer policies. For more information see the "Policy on the Duty to Accommodate Persons with Disabilities in the Federal Public Service".

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Date Modified:

2011-10-21