Table of Contents
- 6.1 Legal Basis
- 6.2 The entitlement
- 6.3 Spouse or Common-Law Partner
- 6.4 The Leave Provisions
- 6.5 Duration of Entitlement
- 6.6 Appointment to a Specified Term Position
- 6.7 Removal from Priority List at End of Priority Period
- 6.8 Status if the Priority Period Expires
- 6.9 Status if the Employee's Position is Back-filled Indeterminately
- 6.10 Status if the Employee's Position is Declared Surplus
- 6.11 Appointment to a Lower-Level Position
- 6.12 Documents Required by PSC to Support Registration
Section 9 of the PSER creates a priority entitlement for the relocation of spouse or common-law partner.
- (1)An employee who is on a leave of absence granted as a result of the relocation of their spouse or common-law partner and who is not entitled to be appointed under subsection 41(1) of the Act is entitled to appointment in priority to all persons, other than those referred to in section 40 and subsections 41(1) to (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 the period of the leave of absence begins and ends on the earliest of
- (a)the day on which the period of leave of absence ends,
- (b)the day on which the employee is appointed to a position in the public service for an indeterminate period, and
- (c) the day on which the employee declines an appointment to a position in the public service for an indeterminate period without good and sufficient reason.
This priority entitlement applies to indeterminate (as per PSER section 4(2)) employees who have been granted leave to relocate with their spouse or common-law partner.
Persons holding this priority type are entitled to be appointed to any position for which they meet the essential qualifications, referred to in PSEA 30(2)(a), in priority to all other persons, after statutory priorities.
There is no specified order of appointment with respect to persons holding other regulatory priorities.
For the purposes of this entitlement:
- A "spouse" is a person to whom the employee is married.
- A "common-law partner" is a person who is cohabiting with the employee in a conjugal relationship, having so cohabited for a period of at least one year before the leave is granted.
To relocate, the employee is granted leave by his or her home organization pursuant to the provisions of collective agreements and Treasury Board policy. Permanent relocation leave is granted for up to one year, while temporary relocation leave is granted for up to five years.
The spouse or common-law partner of the employee does not need to be an employee of the public service, and the relocation of the spouse or common-law partner can be for any reason.
The entitlement period begins on the day on which the period of the leave of absence begins and ends on the earliest of:
- the day on which the period of leave of absence ends,
Note: If the relocation leave ends, the entitlement also ends. If, for example, the employee takes certain other types of leave, such as maternity leave, which would end the relocation leave, the entitlement would end. Any changes in leave types, or employment status, should be checked against employer policies to determine possible effects on leave status.
- the day on which the employee is appointed to a position in the public service for an indeterminate period, and
- the day on which the employee declines an appointment to a position in the public service for an indeterminate period without good and sufficient reason.
The entitlement continues if the employee is appointed to a specified term position while on leave.
Since the priority terminates when the leave finishes, the PSC will remove the employee from the priority list at that time.
The expiry of the priority period does not in itself constitute a mechanism for ending the employee's employment. Organizational managers should discuss this matter with their Labour Relations advisor to determine options.
- The employee becomes entitled to a leave of absence priority effective on the date the position is back-filled indeterminately as the result of an appointment or deployment.
- The organization must notify the PSC by sending a "Change in Priority Type" via the PIMS electronic registration form.
- If the employee's position has not been back-filled and becomes surplus, the organization would declare the employee surplus, who then becomes entitled to the benefits of the WFAAs and related agreements. If the position has been back-filled, the employee would be entitled to a leave of absence priority and the new incumbent of the position would be declared surplus.
- If the employee is declared surplus, the organization would be required to notify the PSC by sending a "Change in Priority Type" via the electronic Registration Form.
An employee who is appointed indeterminately to a lower-level position during the priority period becomes entitled to the reinstatement priority.
- The PIMS electronic on-line Registration Form; and
- Letter or approved leave form granting the leave and specifying the type and duration of the leave.
- Date modified: