GLP | Know Your Contract

What is the purpose of General Leave?

General leave provides up to 35 hours of paid time off per calendar year for employees to take care of personal business. The reasons for taking general leave are quite broad and can include such things as attending a wedding, dealing with household issues, caring for a sick dependent, etc. The only limitation for taking general leave is that it can’t be for a purpose already specified in the collective agreement (e.g., annual vacation leave).

Can I use this leave for vacation purposes?

General leaves are not meant to be used for vacation. As outlined in the collective agreement, general leaves of absence are “for purposes other than those specified in the agreement.” Annual vacation leaves are specified in the agreement.

Do I need to let my supervisor know that I am taking time off under this leave provision?

Any leave from work needs to be requested in advance, if possible. If an emergency arises and the employee is not able to make their request in advance, the employee should notify their supervisor as soon as possible.

Can I take more than one general leave day in a row?

There is nothing that prohibits an employee from taking more than one general leave day in a row. A supervisor may seek additional information under these circumstances to determine if the leave is for purposes already specified in the collective agreement such as vacation.

Can I carry unused leave to the next calendar year?

General leave is not carried over to the next calendar year. It is advisable to use general leave when possible before other kinds of leave.

What if I am part-time employee or I started with the Public Service after January 1st?

General leave of up to 35 hours is pro-rated based on the percentage of hours an employee is at work during the calendar year. If you work half time hours, you would be entitled to 17.5 hours of general leave per calendar year.

Do I need to use general leave when I have a medical or dental appointment?

Employees are entitled to up to two hours of paid time for medical, dental or midwife appointments (including for dependent children) where it is not possible to schedule the appointment outside of work hours. If the leave from work exceeds two hours, the full leave time shall be charged to general leave, followed by OSS, or annual vacation.

What is OSS?

• OSS provides a special compensation of 7% of basic salary earned for each calendar year. It is an in lieu payment of direct compensation for all overtime, shift work, and standby work. OSS is not considered basic salary for the purpose of calculating any benefits or other premium entitlements (e.g., pension).

Who is eligible for OSS?

• OSS is provided to regular full‑time employees who are members of the PEA.

  Part-time employees are not eligible for OSS, instead, they get overtime as per Article 16. Auxiliary employees are also not eligible as it is stipulated that it is for regular employees.

How does this compensation work?

• OSS can be taken as a payment of 7% of basic salary or it can be taken partially, or in whole, as time off. Employees designate (as per Article 15.03 [b]) which portion they wish to take in time-off and which portion they wish to be paid out.

  For the portion that is elected to be paid out in cash, it is paid by February 28th of the following year.

  Time off may be taken at any time mutually agreed to between the employer and the employee, provided that any time off earned in a particular calendar year but not taken by March 31st of the following calendar year shall be paid for in cash.

  If an employee ceases to be covered by Article 15 for any reason, any time off earned but not taken shall be paid for in cash.

What do I have to do to earn OSS?

• OSS is earned throughout the year and is based on basic salary earned.

  Since OSS is a plan that operates in lieu of conventional overtime compensation, it is expected that employees who work more than their regular hours of work are not compensated with extra payment (e.g., time and a half).

Do I have to put in extra hours equivalent to 7% to qualify for OSS?

• No. OSS is not based on the amount of extra hours actually worked. There is no requirement that an employee must work extra hours that add up to 7% or more. In reality, some PEA members work extra hours that add up to more than 7%, others work less.

What if I put in a lot of extra hours on emergency situations?

• PEA members who put in extra hours on projects that are considered provincial emergencies may be eligible for payment based on Information Appendix H in the PEA collective agreement, Leave for Meritorious Service in Response to Emergencies.

How does OSS work with our Hours of Work schedules in Article 13 of our Collective agreement?

• Article 13 provides the terms and conditions for the hours that an employee is expected to be at work. It says that the average weekly hours of work, exclusive of meal periods, shall be 35 hours

  Within the hours of operation (determined by the employer) employees' work schedules shall be determined by mutual agreement within each work unit. In other words, the employee and the manager must both agree to the work schedule. OSS is work that happens outside that schedule.

Am I expected to work after my normal work day and on weekends with no extra pay?

• OSS is for unscheduled work that arises as a part of the work day or work week. For instance, when there is a pressing need to finish a project that is in progress, the 7 hour day or 35 hour week may not provide enough time to complete the work. In those circumstances work may be done after the normal work hours or even occasionally on a weekend.

  An occasional, incidental requirement to work an evening or weekend day is just part of the deal that comes with OSS: members are assured of 7% of annual pay as overtime compensation; the employer is assured that employees will perform their professional work according to agreed timelines and, if necessary, will put in the extra hours that may be needed to get the job done.

Can the employer schedule me to work extra hours and say it is covered by OSS?

• No, the collective agreement does not allow the employer to schedule extra work in advance over the normal schedules that have been agreed to under Article 13. If this were the case the employer could insist that PEA members work 24/7 but be paid only for 35 hours per week. This would be an abuse of the terms and conditions of the collective agreement.

  The PEA Main Agreement does provide, at Clause 13.01, that work schedules are determined by mutual agreement between employees and management. The employer does not have the unilateral right to fix work schedules.

What if the employer schedules me to work after my normal work day hours or on the weekend?

• If a PEA member is faced with a requirement by their manager to work extra hours outside the regular working times on a scheduled basis, the member should remind the employer that the collective agreement in Article 13 stipulates that they work 35 hours on average per week and that the hours of work schedules must be mutually agreed.

  The member should seek an agreement with local management to modify the work schedule to include the requirement within the regular work schedule.

  Article 13 of the Agreement provides that if the employees and local management are not able to agree on a schedule, the matter can be referred to a joint committee for resolution. The committee is chaired by a neutral third-party who has authority to settle unresolved issues and impose a work schedule when the parties are not able to agree among themselves.

Does the employer have the right to schedule extra hours?

• The PEA collective agreement contains no language entitling the employer to schedule overtime work.

  Where the employer is in a position to predict that given work will be regularly required on a workday evening or a Saturday or a Sunday, and where those times fall outside the employee's regular work schedule, an agreement must be worked out that is mutually acceptable to both the employer and the employee.

  The PEA collective agreement does not entitle the employer to add the required hours to the employee's work schedule, thereby raising the average to more than 35 hours a week.

  Clause 13.01 is not subject to any proviso that the employer may increase scheduled hours of work in consideration of the 7% OSS compensation.

  Under Article 13.01(b) it may be appropriate to suggest that the schedule be adjusted in order to incorporate the weeknight/Saturday/Sunday work so that the average scheduled hours do not exceed 35.

What can I do if the employer insists on unilaterally imposing a schedule of extra hours?

• If a PEA member is faced with a manager who is insistent on unilaterally scheduling extra hours, the member should respectfully tell their manager that they believe that this may be in non-compliance with the collective agreement and request the manager to postpone their directive until they have had a chance to talk with their union representative.

  The member should then call their Local Rep or their Labour Relations Officer at the PEA. If the employer's requirement is not in compliance with the collective agreement, the Local Rep or LRO can have discussions with the manager or the PSA to assist the manager in compliance with the collective agreement.

  If the manager fails to align their decision with the collective agreement, the PEA can file a grievance that the collective agreement has been violated.

Do I have the right to choose to take OSS as time off or pay?

• Yes. Article 15.03 (b) states that the employee has the right to make the decision to take OSS in cash or time off. This decision is made at point in time during the year that is determined by the employer.

  If the employee fails to make the decision during that time limit then the employer has the right to decide if it is to be in cash or time off. An option, once made by the employee, may not be changed until the next calendar year.

What happens if I elect a full or partial cash option?

• The cash payment is made once annually by February 28th of the year following that in which the OSS was earned.

  Any time off not taken or not paid will be finally paid out by May 31st of the following year the OSS was earned.

When can OSS time off be taken?

• Time off may be taken at any time mutually agreed to between the employer and the employee. If an employee leaves the PEA, any time off earned but not taken shall be paid for in cash.

Is OSS part of my basic salary?

• OSS is not considered part of the employee's basic salary for the purpose of calculating any benefits or other premium entitlements. It is not considered part of salary when calculating Short Term Illness or Injury Plan (STIIP), Long Term Disability (LTD), Recruitment and Retention Adjustments (RRAs) or Pension.

Can I use OSS to top up STIIP when I am off work for medical reasons?

• Yes, and we recommend that you do. There are advantages to topping up STIIP payments from 75% of basic salary to 100%.

  OSS is earned while on STIIP but only if you top up STIIP from existing OSS or vacation entitlements. If a person has topped up their STIIP the whole amount of the STIIP plus top up counts for purposes of calculating OSS. However, if a person doesn't top up STIIP with OSS, the STIIP amount doesn't count for any of the OSS calculation. The reasoning for this is that OSS is based on basic salary, so if a person is not getting basic salary then they are not eligible for OSS accrual. For this reason, it is important to top up STIIP payments to 100% whenever possible. For topped-up STIIP to be included in base pay an employee must have worked at least 10 days in a given month.

  The 75% benefit may be supplemented, at the employee’s option, at the rate of 25% of actual duration of absence due to illness or injury by the use of the following in descending order:

  (i)             Accumulated sick leave credit under the old sick leave plan;

  (ii)           Compensatory time off (CTO) where Article 15 is not applicable to that employee.

  (iii)         Banked earned time off (ETO), excepting where scheduled in a shift schedule;

  (iv)          Unused pre-retirement leave pursuant to Article 14 or unused time off where an employee has elected time off pursuant to Article 15 and such time off has not been paid out;

  (v)           Earned vacation entitlement;

  Unearned vacation entitlement to a maximum

Does time spent on vacation or STIIP earn OSS?

• Good news, OSS is earned while an employee is on vacation.

Is it true that, in your last year before retirement, once you work even just a few days into a new calendar year, you can collect all your annual vacation leave?

Yes, you can collect the entire vacation entitlement in the year that you are retiring providing you qualify (55 years old) to retire. This benefit arises from the collective agreement clause 21.07.

When would my vacation pay be paid?

The collective agreement under 21.07 says that "the employer will make every effort to make this payment on the employee's last working day, but in any case will not delay payment beyond the time limitation imposed by Employment Standards Act." This Act states that "an employer must pay all wages owing to an employee within 6 days after the employee terminates the employment."

Can I use those paid leave days up to the day you actually collect your pension from the pension fund?

Yes, if you take the vacation as time rather than just get paid out, the vacation days then actually earn pension service as both you and the employer contributes to the pension plan during the vacation.

What is archived vacation?

This is vacation that exceeded the maximum of 10 days of vacation that could carried over at any time. It can only be cashed out upon termination or at specific times agreed to in bargaining. It has the value it had in the year it was earned.

Can I take archived vacation as leave?

Archived vacation cannot be taken as leave time and will be paid out at the rate at which it was earned.

Does the rule that applies to vacation and retirement also apply to the OSS, that once I work even just a few days into a new year, I can collect all my OSS?

No, unfortunately, it doesn't apply to OSS as there is no special clause that allows the full OSS entitlement to happen in the retirement year as it does with vacation. Article 15.02 states that OSS is a percentage of 7% of basic salary earned for each calendar year.

Do I earn OSS while I am on Pre-Retirement Leave?

Unfortunately, no. While it is earned during other vacation periods it is not earned when an employee is not returning to work. The employer's rationale for refusing to allow it to be earned in that period is that it considers that OSS is earned by being at work as it is considered payment or time off in lieu of overtime.

What is Article 32.09 Retirement Allowance?

You are eligible for Article 32.09 if you have at least 20 years of service. You would get a retirement allowance of one month's full salary for that 20 years. Then you get an additional one-fifth of a month for each year above 20 years to a maximum of 30 years.

Do I have to fill out a form to get the Retirement Allowance and go on Pre-Retirement Leave?

Yes, there is the Paid Absence Prior to Retirement form. Once it has been filled out and signed and the leave has started, no further adjustments will be made to the leave for reasons of illness or other circumstances, other than death.

What is Pre-Retirement Leave?

This means that the retiring member can opt to take the Retirement Allowance as paid leave or as cash. If it is opted to be taken as paid leave it must be taken immediately prior to retirement.

How can I find out what my Retirement Allowance entitlement will be?

Your retirement allowance entitlement can be confirmed by BC Government Financial Management Division. They do this service in any event for employees considering retirement?

To track, update or review your service requests and history, visit AskMyHR at www.gov.bc.ca/myhr/contact. Please note that AskMyHR has been set-up to replace MyHR@gov.bc.ca. 

Should you wish to speak with someone from the Public Service Agency, call 1-877-277-0772, press option 2 and quote your reference number (150204-000871).

What if I worked for the Public Service and then left and returned again. Will the service I had before I left be counted for the purpose of the Retirement Allowance?

Yes, the allowance is calculated based on completed years of cumulative (not continuous) service. While breaks in service are not counted, periods of auxiliary and part-time service are included. Periods of part-time service are prorated.

What if I elect to take the Retirement Allowance in cash?

If you prefer to receive cash for your retirement allowance, you will receive payment in the month following your last day on payroll. The payment is subject to withholding tax deductions.

How can I lessen the tax?

Avoid the withholding tax by directing all, or a portion, of the allowance to an RRSP or RPP. You can direct your allowance to:

• a Registered Retirement Savings Plan (RRSP) in accordance with Canada Revenue Agency (CRA) rules (currently $2,000 per year of contributory service pre-1996); or 
• an RRSP in accordance with CRA statement of accumulated RRSP contribution room (a copy of the latest tax assessment notice is required to confirm the available room).

Complete a TD2R form and submit an online service request through AskMyHR >> Pay & Reimbursements >> Work-Related Reimbursements & Allowances. Attach the TD2R (Direct Transfer of an Eligible Retiring Allowance) form.

Can I do contract work while I am on Pre-Retirement Leave?

The employer's view of Pre-Retirement leave is that once you have started this leave, the normal employment relationship is considered to be modified; you are no longer committed to the employer to return to work, and the employer is no longer committed to provide you with work. While working for others is not considered conflict of interest by itself, paid employment of any nature while on pre-retirement leave is subject to the Standards of Conduct. Refer to the sections on Conflict of Interest and Outside Remunerative and Volunteer Work.

What if I have a sick bank credit?

If you have a pre-1978 sick bank and are taking it as cash, the sick bank accumulation and retirement allowance payments are combined for purposes of applying the correct withholding tax rate. You should note that, depending on your overall tax situation, there could be additional tax payable with respect to these amounts when you complete your next income tax return.

What does 32.13 Relocation at Time of Retirement mean?

If an employee has been relocated to an isolated location by the employer or moved there due to winning a competition, they can have their moving costs of all their household goods and effects paid for by the employer when they retire. The employee must give 6 months' notice prior to retirement that they wish to relocate elsewhere in the Province.

In order to be eligible the employee must be eligible for a pension (55 years old). They must have served a minimum of 3 years in the isolated location. The list of isolated locations is found in Information Appendix C of our Collective Agreement. Severely isolated locations are found in Information Appendix G. The employee has to move to the new location within 3 months of retirement (the month they cease to be actively employed in the Public Service).

When can I expect my pension to start and how much will I get?

The Public Service Pension people at pensions.bc are the right people to ask about all your pensions questions. The pension calculator allows you to feed in different retirement dates to see what monthly amounts you would qualify for.

Pension and Retirement Benefits Presentation

In 2015, the PEA provided GLP members with a Pension and Retirement benefits presentation.

Can we change our compensation for meritorious service so that we get time and a half or double time like BCGEU members get?

The collective agreement between the PEA and the Province of BC expires March 31, 2022. The bargaining team, after consulting with the members, may table language that seeks improvement to meritorious service compensation beyond the scheme outlined above. 

In past rounds of bargaining, the Employer has been unwilling to change Appendix H compensation without the PEA’s agreement to open up and change the special compensation (OSS) of 7% of basic salary that regular full-time employees receive.

Who does Appendix H apply to?

Appendix H applies to all regular full-time employees who perform duties outside their normal responsibilities in response to an emergency that has received written approval from the deputy minister.

If employees are not on TEAMS deployment and are performing duties outside their normal responsibilities, employees should discuss their particular circumstances with their supervisors/managers to determine whether Appendix H applies. If employees are told Appendix H doesn’t apply, but believe it should, they should contact the PEA. 

In some cases, blanket approval is given (e.g., wildfire) whereas in others (e.g., floods, COVID pandemic) months pass before decisions are made to apply Appendix H.

Does the special compensation of seven per cent of basic salary that regular full-time employees receive apply to Appendix H?

Yes. The special compensation of seven per cent of basic salary that regular full-time employees receive applies on Appendix H.

What method and rate of compensation do auxiliary PEA employees receive while working overtime on a wildfire TEAMS deployment?

The application of overtime in Article 16 applies to part-time and auxiliary employees. This functions in more traditional time-and-a-half model.

For an office status PEA member, when on a wildfire TEAMS deployment, is there meal compensation for days in the field and/or on travel status? If so, how are these meals to be claimed?

Meal allowances as provided for in the collective agreement continue to apply when on travel status. When employees are in the field meals are generally provided therefore there would be no need to claim for anything.

Do government licensed professionals have an absolute right to work a modified work schedule?

No, but Article 13.01 (b) of the Ninth Master Agreement does establish that work schedules are subject to mutual agreement within each work unit. The employer retains the right to determine its hours of operation — the daily time span in which the employer conducts its business — and work schedules must fall within that span, but determination of actual work schedules, the specific hours in which individual employees are scheduled to work, is by mutual agreement within each work unit.

Work schedules are a matter to be worked out between local management and the professionals employed in a work unit — not unilaterally by the employer. What this means is that PEA members have an established right to make representations on their work schedules, to have management take them seriously, and to expect that the outcome will be determined mutually and consensually. Refusal by management to make an effort to effect a mutual determination of scheduling issues constitutes a breach of Article 13.02.

What Rules Govern Work Schedule Decisions?

Article 34.01 (h) (v) lists seven criteria the joint committee must satisfy in any work schedule decision it makes:

• schedules must meet the annual hours of work requirement established under Article 13.01 (a), i.e., 1,827 hours;
• the committee must consider "unusual or seasonal demands and functionally linked work groups" both in and out of the PEA's licensed professional bargaining unit;
• schedules must result in no additional cost to the employer, and preferably, produce actual cost savings or improved efficiency and service;
• schedules must not be retroactive;
• the committee's mandate is limited to interpreting Articles 34.01 (h) (iv) and (v) — the articles describing its task and terms of reference, and not least, * the committee must consider "employee preferences, fairness, and equity".

Joint Committee Hearings: What Happens?

Once an appeal has been filed and the union is satisfied that it meets the criteria required under Article 34.01, the PEA arranges with the Public Service Employee Relations Commission (PSERC) to schedule a hearing before the joint committee. Hearings are similar to formal arbitration hearings: sworn evidence is given by witnesses representing the appellants and the employer; witnesses are examined and cross-examined by committee representatives.

After all the evidence is submitted the committee goes into session, arguments are made by the partisan committee members, and the committee tries — often unsuccessfully — to reach a consensus decision. Frequently it is left to the neutral chairperson to cast the deciding vote. Outcomes run the gamut from outright rejection to complete acceptance of an appeal, but there are in-between results too: the committee has occasionally mediated compromise schedules. Committee decisions are final and binding on all the parties.

Article 13.02 is not a cure-all but it does provide some leverage to PEA members who have a good case for a modified work week, but are being unreasonably stonewalled by local management.

Disputes Go To Joint Union-Employer Committee

What happens when local management and the PEA members in a work unit are unable to reach an agreement on a work scheduling issue? When that occurs Article 13.02 (c) stipulates that the disagreement can be referred to a joint union-employer committee for a final and binding determination of the issue. The joint committee is established under Article 34.01 (h) and comprises one representative each from the employer and the union, and an independent chairperson who has authority to break a deadlock and make a decision.

Work scheduling issues can be instigated either by employees or management; they can address changes to an existing schedule or attempts to establish a new schedule. In any of these circumstances disputes can be referred to the joint committee and the parties assured of getting a final, conclusive determination.

Pending the joint committee's determination of a work schedule dispute, Article 13.02 (c) enables the employer to implement a revised work schedule.

What Factors Improve the Chances of a Successful Appeal?

Most work schedule disputes occur because local management refuses to entertain a request by a professional work unit to establish a new work schedule, typically a modified work week (MWW). Employer's objections usually boil down to these:

• Licensed professionals' functions are too specialized; when an employee is ‘flexing’ under a MWW, others cannot provide adequate backup;
• MWWs are counterproductive: ‘flexdays’ frustrate and alienate managers, clients and customers by decreasing employee availability. For these reasons MWWs reduce efficiency and service. The advantages of longer work days do not offset the disadvantages of fewer days.

Work schedule arguments succeed to the extent employees are able to persuade the employer — or the joint committee, as the case may be — that such management worries can be remedied. Members have succeeded where they could establish that adequate backup is available, that a MWW schedule can provide adequate coverage, that real efficiencies can be created, and that reasonable client or customer concerns can be accommodated.

To succeed, work schedule appeals must satisfy the employer — or the joint committee — that the schedule meets the seven criteria described above. Without answering bona fide management objections substantially and credibly, appeals will have no better prospects in a joint committee hearing than they do in the boss's office. It is not enough to simply reject employer concerns. To persuade the joint committee — and particularly the chairperson — employees must be able to show that legitimate management issues can be addressed and accommodated consistent with the seven criteria.

Where members fail in an attempt to resolve a work schedule dispute by discussions with local management, the members can ask the PEA to take the dispute before the joint work schedule committee.

Ideally, appeals should reflect the unanimous views of all PEA members employed in the work unit seeking a ruling. The Article 13 language establishing the right to mutual determination of work schedules and to refer disputes to the joint committee invests these rights in the work unit — the work unit's PEA contingent as a group — rather than in individual employees. It is desirable not only that all PEA members are a party to the appeal but also that they agree that one schedule pattern should apply to the entire work unit. If members themselves are divided on the issue of what schedule should be established, or whether an appeal should be pursued at all, it is easy to speculate why the employer might have reservations too. Management typically — and not surprisingly — prefers to have a single schedule pattern, rather than a mix of two or more, because it is administratively easier.

The heart of any appeal is the ability to prove that the proposed schedule is consistent with the rules established in Article 34.01 (h) (v), the ability to demonstrate that the target schedule will not just suit employees, but also benefit the employer by enhancing the services produced in the work unit. Appeals do not succeed without showing that a new schedule is likely to improve service and productivity as well as employee morale.