Haggis
Army.ca Veteran
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rmacqueen said:
Employment Standards laws are within the purview of the provinces. The federal government has shown little stomach for imposing federal job protection legislation, favouring the voluntary support approach through the actions of CFLC.
Mandatory service is already possible under the NDA through the passing of an Order in Council.
Colin Parkinson
Army.ca Myth
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I find it amazing that the reserves are even on the Provincial radar, I think overall this will be a good thing with some problem areas, but also lays the groundwork for a national system to protect jobs. This is how healthcare came to be.
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I've been trying to figure out where to post this, and there's a couple of dozen threads that mention it, but none are definitive. Would it be possible to merge some of the poignant ones into an "Info Only" thread? and perhaps sticky it in Canadian Politics?
Here's the Letter of Agreement between CUPE 873 (Ambulance Paramedics of BC) and the BC Ministry of Health, Emergency Health Services Commission:
Preamble:
A) The parties recognize the importance and mutual benefits of CUPE members serving with the Forces.
B) The employer is willing to grant leaves of absences to employee's serving with the Forces.
In consideration of the above, the parties agree to the following:
1) An unpaid leave of absence will be granted to employees for service with the Canadian Armed Forces.
2) "Service" is defined as any training, deployment on peacekeeping missions, active duty during an armed conflict or war and/or a domestic emergency requiring military assistance.
3) For the duration of such leaves as captured above, the employee's date of hire and/or service seniority will not be adversely affected, and the employee will continue to accrue seniority and continuous service will not have been deemed interrupted.
4) This agreement will be in effect from the date of signing for the duration of the September 11th, 2004 MOA and 12th collective agreement.
5) Article 32.02 of the 12th collective agreement will apply to this agreement.
6) Either party may amend this agreement through article 8.05 of the 12th collective agreement.
Signed April 3 2006.
Any typos are mine.
DF
Here's the Letter of Agreement between CUPE 873 (Ambulance Paramedics of BC) and the BC Ministry of Health, Emergency Health Services Commission:
Preamble:
A) The parties recognize the importance and mutual benefits of CUPE members serving with the Forces.
B) The employer is willing to grant leaves of absences to employee's serving with the Forces.
In consideration of the above, the parties agree to the following:
1) An unpaid leave of absence will be granted to employees for service with the Canadian Armed Forces.
2) "Service" is defined as any training, deployment on peacekeeping missions, active duty during an armed conflict or war and/or a domestic emergency requiring military assistance.
3) For the duration of such leaves as captured above, the employee's date of hire and/or service seniority will not be adversely affected, and the employee will continue to accrue seniority and continuous service will not have been deemed interrupted.
4) This agreement will be in effect from the date of signing for the duration of the September 11th, 2004 MOA and 12th collective agreement.
5) Article 32.02 of the 12th collective agreement will apply to this agreement.
6) Either party may amend this agreement through article 8.05 of the 12th collective agreement.
Signed April 3 2006.
Any typos are mine.
DF
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Here is the agreement between the BCGEU and the BC Government in the 14th Master Agreement.
20.14 Canadian Armed Forces
(a) Employees who participate in activities related to the
Reserve Component of the Canadian Armed Forces may be
granted leave of absence as follows:
(1) With Pay - where an employee is required to take
annual training with Her Majesty's reserve forces
provided any remuneration from the Government of
Canada is remitted to the Employer;
(2) Without Pay - where an employee participates in
a program of training for the purpose of qualifying for a
higher rank; or
(3) Without Pay - where an employee, as a delegate,
attends meetings of service associations or conferences
related to the Canadian Armed Forces.
(b) Any remuneration received from the Government of
Canada for the purpose of activities related to the Canadian
Armed Forces may be retained by the employee when on
leave of absence without pay, or where they choose to use
part or all of their annual vacation entitlement for these
activities, or where they elect to take leave of absence without
pay for annual training as stipulated in (a)(1) above.
20.14 Canadian Armed Forces
(a) Employees who participate in activities related to the
Reserve Component of the Canadian Armed Forces may be
granted leave of absence as follows:
(1) With Pay - where an employee is required to take
annual training with Her Majesty's reserve forces
provided any remuneration from the Government of
Canada is remitted to the Employer;
(2) Without Pay - where an employee participates in
a program of training for the purpose of qualifying for a
higher rank; or
(3) Without Pay - where an employee, as a delegate,
attends meetings of service associations or conferences
related to the Canadian Armed Forces.
(b) Any remuneration received from the Government of
Canada for the purpose of activities related to the Canadian
Armed Forces may be retained by the employee when on
leave of absence without pay, or where they choose to use
part or all of their annual vacation entitlement for these
activities, or where they elect to take leave of absence without
pay for annual training as stipulated in (a)(1) above.
Does anyone have the Federal Leave policy for PSE's and Govm't employees that are also CF Reservists?
I am looking for the actual amount of paid time off for training, and policy for LWOP for Operations and longer term training.
Any help would be appreciated. I have looked on the CFLC site , however it isn't clear as to what you are allowed.
Cheers
Noneck
I am looking for the actual amount of paid time off for training, and policy for LWOP for Operations and longer term training.
Any help would be appreciated. I have looked on the CFLC site , however it isn't clear as to what you are allowed.
Cheers
Noneck
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For federal public servants, CFAO 203-6 provides some guidance.
http://www.admfincs.forces.gc.ca/admfincs/subjects/cfao/203-06_e.asp
http://www.admfincs.forces.gc.ca/admfincs/subjects/cfao/203-06_e.asp
Here is the response I received from the MND a couple of days ago
Dear xxxxxx:
Thank you for your e-mail concerning job protection for members of the Reserve Force. I regret the delay in replying.
Reserve Force members must balance college and university studies or full-time employment with their military responsibilities. They gain military skills by working full or part-time with their home units, attending courses, exercises, and serving Canada for extended periods at home or overseas. Participation by reservists in Canadian Force missions at home and abroad are strictly voluntary.
As part of its response to the events of 11 September 2001, the Government of Canada amended the National Defence Act by adding a section on Reinstatement in Civil Employment. This provision will require employers to protect the civilian jobs of reservist employees if they are required to serve in a non-voluntary capacity in the military in the event of a declared emergency, as defined by the National Defence Act. Canada has not experienced such an emergency since World War II.
Legislated job protection for other than emergency situations has been considered. However, our research indicates that compulsory job protection may not be the best way to assist reservists. In fact, such action could work against our Reserve Force members, as businesses could manage their hiring practices to prevent employing them. Members would then be forced to choose between full-time civilian employment and their desire to serve as members of the Reserve Force. Thus, in the absence of a defined emergency, voluntary job protection is the preferred option in Canada.
The Canadian Forces Liaison Council plays a strong role in gaining support from Canadian employers for Reserve Force members. That support enhances the availability of reservists for military duties and encourages businesses to grant leave, without penalty, to reservists who volunteer to serve or to deploy on overseas missions. As well, the Council works to identify the benefits, such as leadership, commitment, and experience that members of the Canadian Forces bring to an organization. A positive approach to working with employers should help the majority of our reserve soldiers, sailors, airmen, and airwomen in the long run.
While in most cases the voluntary process provides support for the majority of our Reserve Force members, there are occasions where employers cannot retain individuals who have deployed. Accordingly, we are now promoting other initiatives such as providing better access to federal Public Service and full-time Reserve job postings and providing increased opportunity for members to transfer to the Regular Force.
Thank you for writing and for your interest in the Canadian Forces.
Sincerely,
The Honourable Gordon J. O'Connor, PC, MP
Minister of National Defence
MCU2006-08377
Dear xxxxxx:
Thank you for your e-mail concerning job protection for members of the Reserve Force. I regret the delay in replying.
Reserve Force members must balance college and university studies or full-time employment with their military responsibilities. They gain military skills by working full or part-time with their home units, attending courses, exercises, and serving Canada for extended periods at home or overseas. Participation by reservists in Canadian Force missions at home and abroad are strictly voluntary.
As part of its response to the events of 11 September 2001, the Government of Canada amended the National Defence Act by adding a section on Reinstatement in Civil Employment. This provision will require employers to protect the civilian jobs of reservist employees if they are required to serve in a non-voluntary capacity in the military in the event of a declared emergency, as defined by the National Defence Act. Canada has not experienced such an emergency since World War II.
Legislated job protection for other than emergency situations has been considered. However, our research indicates that compulsory job protection may not be the best way to assist reservists. In fact, such action could work against our Reserve Force members, as businesses could manage their hiring practices to prevent employing them. Members would then be forced to choose between full-time civilian employment and their desire to serve as members of the Reserve Force. Thus, in the absence of a defined emergency, voluntary job protection is the preferred option in Canada.
The Canadian Forces Liaison Council plays a strong role in gaining support from Canadian employers for Reserve Force members. That support enhances the availability of reservists for military duties and encourages businesses to grant leave, without penalty, to reservists who volunteer to serve or to deploy on overseas missions. As well, the Council works to identify the benefits, such as leadership, commitment, and experience that members of the Canadian Forces bring to an organization. A positive approach to working with employers should help the majority of our reserve soldiers, sailors, airmen, and airwomen in the long run.
While in most cases the voluntary process provides support for the majority of our Reserve Force members, there are occasions where employers cannot retain individuals who have deployed. Accordingly, we are now promoting other initiatives such as providing better access to federal Public Service and full-time Reserve job postings and providing increased opportunity for members to transfer to the Regular Force.
Thank you for writing and for your interest in the Canadian Forces.
Sincerely,
The Honourable Gordon J. O'Connor, PC, MP
Minister of National Defence
MCU2006-08377
Colin Parkinson
Army.ca Myth
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You can take a year without pay as a Federal employee as long as your boss supports it.
Education leave is for one year and can be extended (article 54)
There is one day of "Volunteer leave"
Look at Article 55.01 of the agreement. Employer at their discreation can grant leave with or without pay for other reasons not outlined in the agreement. (Seems to be a catch all clause, they can do it if it means avoiding bad PR or something)
At the end of the agreement there are MOU outlining agreements for employees working at various jobs that don't fit the norm, including DND. Given enough pressure and the right government, an MOU could be made between the Treasury Board and DND in regards to Federal Employees who are reservist and are going on deployments, exercises. I couldn't see anything else in the agreement, but check the Treasury board for any existing policies, which would not be in the agreement itself.
Don't bet on this being a priority with PSAC, they are busy giving money to the Labour congress to march with Hezbollah supporters.
Education leave is for one year and can be extended (article 54)
There is one day of "Volunteer leave"
Look at Article 55.01 of the agreement. Employer at their discreation can grant leave with or without pay for other reasons not outlined in the agreement. (Seems to be a catch all clause, they can do it if it means avoiding bad PR or something)
At the end of the agreement there are MOU outlining agreements for employees working at various jobs that don't fit the norm, including DND. Given enough pressure and the right government, an MOU could be made between the Treasury Board and DND in regards to Federal Employees who are reservist and are going on deployments, exercises. I couldn't see anything else in the agreement, but check the Treasury board for any existing policies, which would not be in the agreement itself.
Don't bet on this being a priority with PSAC, they are busy giving money to the Labour congress to march with Hezbollah supporters.
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From the OPSEU Agreement:
ARTICLE 28 - LEAVE - MILITARY SERVICE
28.1 A Deputy Minister may grant leave of absence for not more than one (1)
week with pay and not more than one (1) week without pay in a fiscal
year to an employee in his or her ministry for the purpose of Canadian
Forces Reserve training.
Edited to add:
Various Ministries have also given long term LOA so Reservists can deploy.
ARTICLE 28 - LEAVE - MILITARY SERVICE
28.1 A Deputy Minister may grant leave of absence for not more than one (1)
week with pay and not more than one (1) week without pay in a fiscal
year to an employee in his or her ministry for the purpose of Canadian
Forces Reserve training.
Edited to add:
Various Ministries have also given long term LOA so Reservists can deploy.
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Guys (and Girls) I just want to bring up a point for discussion on the job protection front
In principle I would love to see job protection for all of our reserve soldiers BUT be careful what you wish for . in places where that do have job protection for reserves there has been a backlash towards these reservists in countries have this protection in place. Employers have not hired Reservists because the Employers knows that he has to protect the job of his employee citizen soldier. I would just be careful because this has hurt reservists.
Your thoughts?
In principle I would love to see job protection for all of our reserve soldiers BUT be careful what you wish for . in places where that do have job protection for reserves there has been a backlash towards these reservists in countries have this protection in place. Employers have not hired Reservists because the Employers knows that he has to protect the job of his employee citizen soldier. I would just be careful because this has hurt reservists.
Your thoughts?
Colin Parkinson
Army.ca Myth
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ParaMedTech said:
I sent the asshat's a nastygram about that very subject and my displeasure, still awaiting reply to my e-mail and follow up e-mail! :
Haggis
Army.ca Veteran
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From CMP Instruction 20-04:
"2.16 Reservists who are Federal Public Servants
The conditions and procedures to be followed by employees of the Federal Public Svc of Canada who are eligible to elect to receive their civilian salary during a period of Res F duty are contained in CFAO 203-6 and associated civilian administrative orders (for DND employees, CPAO 6.28 applies)."
You may also want to check the Treasury Board of Canada collective agreeements (http://www.tbs-sct.gc.ca/pubs_pol/hrpubs/coll_agre/siglist_e.asp) to see if your specific collective agreement has any provisions for military leave.
"2.16 Reservists who are Federal Public Servants
The conditions and procedures to be followed by employees of the Federal Public Svc of Canada who are eligible to elect to receive their civilian salary during a period of Res F duty are contained in CFAO 203-6 and associated civilian administrative orders (for DND employees, CPAO 6.28 applies)."
You may also want to check the Treasury Board of Canada collective agreeements (http://www.tbs-sct.gc.ca/pubs_pol/hrpubs/coll_agre/siglist_e.asp) to see if your specific collective agreement has any provisions for military leave.
Reservists won’t lose jobs
Thu Apr 5 15:07:00 CDT 2007
Article Link
Military reservists sent oversees won't risk losing their jobs while they're away serving their country, thanks to new provincial rules passed today.
The Employment Standards Act already offers unpaid leave and job protection to new parents or people who have lost family members. On April 30, the rules will apply to reservists sent into active duty in places like Afghanistan and Bosnia.
Manitoba has about 700 reservists and half hold civilian jobs.
End
(Mod edit to clarify thread title.)
Thu Apr 5 15:07:00 CDT 2007
Article Link
Military reservists sent oversees won't risk losing their jobs while they're away serving their country, thanks to new provincial rules passed today.
The Employment Standards Act already offers unpaid leave and job protection to new parents or people who have lost family members. On April 30, the rules will apply to reservists sent into active duty in places like Afghanistan and Bosnia.
Manitoba has about 700 reservists and half hold civilian jobs.
End
(Mod edit to clarify thread title.)
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