Tag Archives: 699

PSAC members denied 699 leave may apply for reconsideration by November 4

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PSAC members who applied for and were denied 699 leave between November 2020 and March 2022 may be eligible to apply for reconsideration.

On March 7, 2022, the Federal Public Sector Labour Relations and Employment Board (FPSLREB) issued its decision concerning the proper application of 699 leave.

Following the release of this decision, the FPSLREB recommended a process to resolve issues involving individuals who unsuccessfully sought 699 leave in writing during this period but did not present an individual grievance. This process is now being made available to PSAC members.

What is the process to request 699 leave reconsideration?

PSAC must present a request to the employer for reconsideration on behalf of its members. This request must include all documents initially submitted to the employer between November 9, 2020, and April 1, 2022.

In the event the request is denied, an independent member of the FPSLREB will review the application and make a recommendation. The employer has agreed to be bound by the recommendation.

Do I qualify for 699 leave reconsideration?

To qualify for 699 leave reconsideration, you must meet all the following requirements:

  • You submitted a request in writing for 699 leave between November 9, 2020, and April 1, 2022.
  • Your request was denied, and you did not file a grievance.
  • You were financially disadvantaged by having to use sick or vacation (annual) leave.

What steps must I take?

Individual reconsideration requests must be submitted to PSAC by November 4, 2024, and include all relevant written documentation, such as letters, emails, or messages that support your request for reconsideration. Please complete the request form, which has been created to expedite processing times.

If you have questions or need additional support, please contact us by selecting “699 Leave” in the dropdown menu.

This article was first posted on the PSAC website.

PSAC celebrates 699 leave victory

In a major victory for federal public service workers hardest hit by the pandemic, an arbitration board ruled that Treasury Board cannot force employees to exhaust all their other leave before accessing 699 leave for COVID-19-related reasons.

This decision means that PSAC members who filed individual grievances related to 699 leave — where members were forced to use other available leave like sick leave, vacation leave or family leave before accessing 699 leave — can now request the leave be reimbursed to their leave banks.

Treasury Board’s heavy hand during the pandemic

The 699 leave provision is for “other leave with pay” and members can request it through their manager when they are unable to report to work for reasons beyond their control. This is different from sick leave and vacation time.

PSAC members relied on 699 leave to grapple with radical work-life changes during the pandemic. Parents were often left with no choice but to apply for 699 leave when schools and daycares were closed or went remote, but the government heavily restricted its use.

The restrictions disproportionately impact marginalized groups who have been the hardest hit by the pandemic, including women, Black, Indigenous and racialized employees, workers with disabilities, high-risk workers and workers with family obligations.

PSAC filed several policy grievances with Treasury Board, CFIA and other agencies for restricting the use of 699 leave. Two of these grievances were then brought before the Federal Public Sector Labour Relations and Employment Board.

The Board found the 699 leave policy breached PSAC’s collective agreement by requiring employees to exhaust other leave before 699 leave could be granted. The Board ruled this posed an undue burden on employees and violated members’ collective agreements.

On parental leave specifically, the Board ruled that denial of 699 leave to parents who “chose” not to send their children to school or daycare is not discriminatory or a violation of the collective agreement. Although parents may have a right to choose to keep their children at home” this was a choice and not a right that is protected by human rights legislation, the Board ruled. PSAC is reviewing this aspect of the decision for potential grounds for judicial review given the evidence that parents had little to no choice regarding childcare during the pandemic as well as the state of human rights jurisprudence on the issue of sex and family status discrimination.

Requesting 699 leave

If you need leave related to COVID-19, you should continue to request 699 leave. If your request is denied or you are forced to take other types of leave, reach out immediately to your PSAC regional office or your component labour relations officer to discuss whether you should file an individual or group grievance, including a grievance citing discrimination on the grounds of sex, family status or disability.

Stay up to date about 699 leave and other important issues by updating your contact information and signing up for our latest updates.

This article was first posted on the PSAC website.

COVID-19 Update — Follow-up to question on use of 699 leave

Image of border crossing with the words "COVID-19"

The following message was sent by the Office of the Chief Human Resources Officer, Treasury Board of Canada Secretariat. 

We are following up on the question which was raised during our COVID-19 Update call on Tuesday.  With regards to requests from employees to take the child/person for whom they have a duty of care to get the COVID vaccine, our guidance to Departments is the following:

  • The employee should first try to schedule the vaccination appointment outside of work hours or work flexible hours to make up the time taken.
  • The employee can schedule family related leave to bring a child / person for whom they have a duty of care to the vaccination appointment.
  • If that is not possible and all Family related leave has been used, the employer could grant 699 leave for a reasonable time period to get the vaccine as this is related to COVID.

Legal battle begins to protect use of 699 leave during the pandemic

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PSAC’s legal challenge against Treasury Board’s regressive and discriminatory changes to 699 leave for federal public service workers is set to begin October 19.

In June, PSAC filed a policy grievance after the government tightened its guidelines around when public service workers can use “Other Leave with Pay” (699 leave) to fulfill child care needs during the pandemic.

The new policy fails to recognize that some parents may have to keep their children at home for legitimate reasons despite the availability of schools or child care. For example, some parents may choose to keep their children at home to protect members of their household who suffer from underlying health conditions that make them vulnerable to COVID-19 symptoms.

PSAC will meet with the Federal Public Sector Labour Relations and Employment Board in order to determine the scope of the policy grievance and set dates for the hearing.

PSAC made it clear that the new policy adversely impacts women who continue to bear a disproportionate burden of domestic responsibilities including child care, eldercare and household operations. It could also result in discriminatory outcomes for people with disabilities and people with family obligations, violating both members’ collective agreements and the Canadian Human Rights Act based on family status, sex and disability. The Canadian Human Rights Commission has also notified the Board that it intends on making submissions on this issue.

The proposed policy amendments would result in a patchwork of unfair outcomes for public service workers and give managers too much discretion in applying the policy.

PSAC pushes back against the use of sick leave for COVID-19

PSAC will also be contesting language in the policy that says employees who are experiencing COVID-19 symptoms or who self-isolate would be required to use available sick leave instead of 699 leave if they are unable to work.

This egregious change to the policy is discriminatory to public service workers and flies in the face of sound public health advice. Without the availability of a vaccine, and with many parts of Canada entering a second wave of the pandemic, Treasury Board’s proposed changes are premature and inconsistent with the current public health crisis.

There is also no evidence that employees have abused 699 leave during the pandemic. In fact, the Parliamentary Budget Officer has reported that 699 leave in the federal public service has been used modestly and cost very little. And as departments adapted to working from home, the number of employees forced to use 699 leave dropped by 84 per cent from April to June.

PSAC is committed to ensuring that our members, and in particular, women, caregivers and those with disabilities, continue to have the necessary support and leave with pay they need during the pandemic.

The original version of this article was first posted on the PSAC website.