Reservists Job Protection Superthread

[Michael OLeary]

He may find some assistance through the Canadian Forces Liaison Council.

Job Protection Legislation
http://www.cflc.forces.gc.ca/jpl-lse/index-eng.asp

Chairman of the Canadian Forces Liaison Council for British Columbia
http://www.cflc.forces.gc.ca/pro/bc-cb/index-eng.asp

Contact CFLC
http://www.cflc.forces.gc.ca/cu-cn/index-eng.asp

 

[Fishbone Jones]

Hi Everyone,

This week I was talking to my buddy out here in BC about a reserve soldier who works for the BC Govt that is getting screwed around by his full time employer. This soldier has been on  military leave for almost a year and is hoping to deploy to Afghanistan. His employer was matching and topping up his pay as per their Collective Agreement, but then all of a sudden they decided that they were not going to continue to support him and now they are “pressuring” him to quit.

I use to work in the for the BC Government in the Liquor Distribution Branch and I looked into the BCGEU Collective Agreement for the clause that would apply. There is 3 that apply under Art. 20.14. I know my experience with being a reservist and the BC Govt...it sucked! I quit my job because of the “support”  and stress I received from this employer. If this person s going through what I  had to put up with I plan to write to my Member of Parliament and my MLA about this treatment....(if its true) This is not acceptable at all.

Has anyone on here from BC heard of this happening to anyone they know? What about other employers? I thought that the new laws were suppose to help protect reservists from this sort of thing happening.

Tell  him to go to the Union Hall and get what he pays dues for! Start holding the Executive responsible for what they tell the members that they do. If his local is not ready to fight for him, ask him why he pays dues.

 

[Spanky]

Not sure about BC, but in Ontario I believe a union has the legal responsibility to represent.  Failure to do so would put the union in a position of "failure to represent" with the labour board.

 

[ggranatstein]

A recent article published in the Montreal Gazette on August 18, 2010:

http://www.montrealgazette.com/story_print.html?id=3414237&sponsor=

Reservists' job security deserves and gets protection

by Gabriel Granatstein

The late Winston Churchill is reported to have first coined the phrase "twice a citizen" as a measure of the value of military reservists who served the national interest in both civilian and military capacities. In a reflection of that praise, the Quebec government enacted legislation last year which, for the first time, required employers to give military reservists job protection similar to that of an employee who leaves on maternity or sick leave. Similar legislation has been passed throughout the rest of Canada.

Being a reservist myself, this legislation is near and dear to my heart. I've been a reservist for seven years and have served both full and part-time. I still serve as a reservist with the Judge Advocate General Branch (legal) of the military. Military service has been an invaluable experience for me and I love being able to practice law at a firm like Ogilvy Renault LLP and still continue to serve my country. While my own firm has always been very supportive and encouraging of my parallel military career, this new legislation helps protect those reservists whose employers are perhaps less supportive than mine and, at the same time, sensitizes all employers to the rights and obligations of reservists and the corresponding benefits that they can offer their employers.

Before discussing the new legislation, it is important to first consider the roles and obligations of reservists in the Canadian Forces. First of all, reservists generally receive the same training as their regular force (full-time) counterparts. They wear the uniform, earn the same rank and often serve side-by-side with the regular forces. However, unlike regular force service members, they do not sign full-time multi-year or indefinite contracts that require them to be moved around the country and be deployed at the government's will. Reservists can work part-time or full-time, when and where they choose. In exchange for this flexibility, reservists are not guaranteed full-time employment and receive a slightly lesser salary. However, many reservists work full-time. For example, in my seven years as a reservist, I spent about three years working full-time. I did a tour in Bosnia as a peacekeeper in a mixed regular force and reserve unit. That contract lasted about 10 months and because it was for an operational tour, I was entitled to all of the benefits of being in the regular force. The tour, like all operational deployments for reservists, was optional. I also worked full-time in a headquarters in Quebec, worked as a recruiting officer and taught basic training in Manitoba. I volunteered for all of those positions.

Indeed, unlike our American counterparts, Canadian Forces reservists cannot be compelled to serve on operational tours without an Order In Council signed by the Governor General of Canada acting under the advisement of the federal cabinet. This has not happened since the Second World War and is not likely to happen anytime soon. Given this situation, there has not been any form of job protection legislation for reservists as it has been their choice to leave on a deployment. However, Canada's involvement in Afghanistan has resulted in an increased use of reservists and there has been a push to enact job protection legislation across all jurisdictions. Indeed, given that labour relations are generally the responsibility of the provinces, all provinces have enacted a similar form of job protection legislation.

In Québec, that legislation took the form of last year's amendments to the Labour Standards Act ("Act"). The amendments provide that any employee who is subject to the Act and has 12 months of uninterrupted service with an employer is entitled to take off up to 18 months to participate in a qualifying Canadian Forces operation. Also, any employee subject to the Act, regardless of their length of service with an employer, is entitled to take up to 15 days off to take part in annual military training. Of course, employers are entitled to both written notice of the requested leave and documents justifying that their absence is for valid military purposes and do not have to pay these employees during their absence. On their return from this service, reservists are generally entitled to return to the same position, without penalty.

I would encourage employers not to see these absences in anything but a positive light. When on operations and undergoing training, Canadian Forces soldiers gain valuable transferrable skills. Soldiers of all ranks learn leadership, project management, attention to detail, how to work under stress, and many other valuable life and work-related skills. Many employers have recognized the value in employing reservists and have dedicated policies providing more generous benefits for their reservists. From my experience, some employers even offer to "top-up" the difference between the salary a reservist will earn overseas and what they would have otherwise have earned at home. If reservists are, as Winston Churchill said, "twice the citizen"- so are employers who support their reservists.

Gabriel Granatstein, a lawyer at Ogilvy Renault LLP, practices labour and employment law in the province of Québec and can be reached at ggranatstein@ogilvyrenault.com.

 

[LineJumper]

Very well written, do reservists generally lose their jobs?

 

[ModlrMike]

Very well written, do reservists generally lose their jobs?

It's highly variable. Generally, employers are more lenient now-a-days, but that wasn't always the case.

 

[mariomike]

Very well written, do reservists generally lose their jobs?

Canada Labour Code:
http://laws.justice.gc.ca/eng/L-2/page-3.html#anchorbo-ga:l_III-gb:l_XV_2


Beyond the Code, Military Leave Policy depends on your employer.
I worked for The City of Toronto.
We did not have a Military Leave Policy during my time in the militia, but they have one now.

"Employees can take a leave of absence with pay, for the two week period of absence, to attend the Canadian Armed Forces Reserve Training Program.":
http://wx.toronto.ca/intra/hr/policies.nsf/9fff29b7237299b385256729004b844b/58a35e5368beb69e852567bd006d7e4b?OpenDocument

We worked 12 hour shifts, so this part sounds interesting ( Even more so for those on 24-hour tours ): "Employees are paid their regular pay provided they submit any compensation received for military service to the city treasurer, unless this compensation is paid for days they are not scheduled to work."



"All benefits continue during the leave.
An employee's service is not affected by the leave. An employee's vacation entitlement, and pension credit do not change."

"Leave of absence shall be granted to employees to serve in the
Canadian Armed Forces during hostilities, peacekeeping missions,
or during a time of war as declared by the Government of Canada.
Seniority will accumulate during such leave."



"Earned Deferred Leave" or "Educational Leave" may also be used.
The above was wrtitten into our Collective Agreement.

 

[kratz]

It's highly variable. Generally, employers are more lenient now-a-days, but that wasn't always the case.

If you are in a job that might not allow you time off, search your company policieswell ahead of time (at least 6 months) and make an effort to present an action plan for your company's decision makers (owner), while getting them in touch with CFLC (Canadian Forces Liaison Council )

There are pros and major cons in job protection laws. Be careful what you ask for.

 

[Haggis]

If you are in a job that might not allow you time off, search your company policieswell ahead of time (at least 6 months) and make an effort to present an action plan for your company's decision makers (owner), while getting them in touch with CFLC (Canadian Forces Liaison Council )

BEFORE you engage CFLC, contact your unit Military Leave Represntative (usually your DCO and/or RSM) for assistance at the local level.

AFTER you are granted your leave, submit your employer for recognition or an award from CFLC.

 

[ggranatstein]

With regard to the citation of the Canada Labour Code - be careful, that only applies to employees in federal undertakings. The vast majority of employees work for in provincial undertakings. Those are regulated by the labour standards legislation of each province.

LineJumper - I will pass your comments on to the author, who I know well.

 

[mariomike]

With regard to the citation of the Canada Labour Code - be careful, that only applies to employees in federal undertakings. The vast majority of employees work for in provincial undertakings. Those are regulated by the labour standards legislation of each province.

Ontario: "Reservist Leave":
http://www.worksmartontario.gov.on.ca/scripts/default.asp?contentID=1-5-6

 

[Haggis]

This page summarizes all the current Job Protection Legislations in Canada.  They are not equal.  They do not provide the same coverage.  There is no synchronization.

 

[RandyCrust]

I'm a recruit for the 84th Indepdant Feild Battery, (actually at 37 I'm the oldest recruit).  I'm enrolled for the combinded BMQ land/ Dp1 course this summer but I have to take the time off work.  Has anyone done this as in take almost two months off work, how did you go about this?  My civie employer is alright with the idea and all but they don't know how to go about it.  Is there such a thing as leave for milatary service? 

I know I should ask my orderly room but its the weekend.

 

[MikeL]

You just need to talk to your employer,  tell them which dates you need off to complete your training and then it's up to them to say yes or no to the time off.  I know some Reservists who have taken over a year off from work in order to go on tour,  so it is possible to get time off work.. just depends on your boss. 

As for such a thing as leave for military service,  what do you mean?  Just getting time off work?  Or some kind of legislation/job protection for Reservists in order to train and go on deployment?

 

[JorgSlice]

You just need to talk to your employer,  tell them which dates you need off to complete your training and then it's up to them to say yes or no to the time off.  I know some Reservists who have taken over a year off from work in order to go on tour,  so it is possible to get time off work.. just depends on your boss. 

As for such a thing as leave for military service,  what do you mean?  Just getting time off work?  Or some kind of legislation/job protection for Reservists in order to train and go on deployment?

Some provinces (like Alberta) have legislation that states that if they have employees that are members of the Canadian Forces and are required for training or deployment, they must retain those members and cannot give their job away to someone else. Upon their return, they must allow the employee to return to work.

Some companies also allow employees to take time off simply for the purpose of Military training/deployment. My current employer has 3 senior executives who served in the USMC, and closer to home, my Account Manager served 6 yrs in the British Army, 6 in the CF and many more in the RCMP. I I believe he is currently a reservist with the Seaforth Highlanders of Canada.

Edit: My employer actually has corporate policy that any employees that are members of the military cannot have their request for leave for training or deployment rejected.

 

[mariomike]

My civie employer is alright with the idea and all but they don't know how to go about it.  Is there such a thing as leave for milatary service? 

We had Military Leave where I used to work, if you want to use it as an example for your employer:

Military Leave
(a) Leave of absence shall be granted to employees to serve in the Canadian Armed Forces during hostilities, peacekeeping missions,
or during a time of war as declared by the Government of Canada.
Seniority will accumulate during such leave.
(b) Leave of absence for Reserve training shall be in accordance with City policy as amended from time to time.
http://wx.toronto.ca/intra/hr/policies.nsf/0/58a35e5368beb69e852567bd006d7e4b?OpenDocument
"Employees can take a leave of absence with pay, for the two week period of absence, to attend the Canadian Armed Forces Reserve Training Program."

 

[Allgunzblazing]

RandyCrust, I'm in a similar situation as you. I work for a government agency and our Collective Agreement supports employees who wish to be engaged in the Reserve Component of the Canadian Forces.

Before I approached the reserve unit I was interested in, I informed my Staffing Manager. After getting written approval from that office, I was able to give a firm commitment to the Review Board when I appeared before them.

I'd say, take a look at your employment contract. Things might be easier, if you're in a unionized work place. A number of non-government employers also support reservists. At my work place, reservists are given Leave of Absence to attend training, deployment, etc. Similar to JorgSlice, my employer is bound to keep my job while I am away from work with the CF.

 

[Redeye]

I'm a recruit for the 84th Indepdant Feild Battery, (actually at 37 I'm the oldest recruit).  I'm enrolled for the combinded BMQ land/ Dp1 course this summer but I have to take the time off work.  Has anyone done this as in take almost two months off work, how did you go about this?  My civie employer is alright with the idea and all but they don't know how to go about it.  Is there such a thing as leave for milatary service? 

I know I should ask my orderly room but its the weekend.

If your employer is alright with it you're basically set. I'm not sure what else they need. However, they could try contacting the Canadian Forces Liaison Council to get a sample military leave policy to add to their HR policies. Their website has lots of info.

http://www.cflc-clfc.forces.gc.ca

 

[mariomike]

It also depends if you work for an Essential Service.
Two weeks every summer is one thing, but anything more than that puts a strain on Operations.

 

[JorgSlice]

For those in Alberta, here is the legislation:

The Employment Standards (Reservist Leave) Amendment Act, 2009, S.A. 2009, c. 4 (the Act) came into force on June 30, 2009. The Act amends the Alberta Employment Standards Code (the Code), by providing leave provisions for members of the reserve force of the Canadian Forces, consisting of officers and non-commissioned members who are enrolled for other than continuing, full-time military service when not on active service.

Similar to maternity and parental leave provisions in the Code, reservist leave is unpaid, job-protected leave. Under the amended Code, an employee who has completed at least 26 consecutive weeks of employment with an employer, and is a reservist, is entitled to reservist leave without pay to take part in either:

[list type=decimal]
[*]deployment to a Canadian Forces operation outside Canada;
[*]deployment to a Canadian Forces operation inside Canada to provide assistance in dealing with an emergency or with its aftermath;
[*]annual training, for an amount up to 20 days in a calendar year; or
[*]an operation or activity set out in the regulations.
[/list]

Unless the regulation or Act provides otherwise, an employee is entitled to reservist leave for as long as one of the four activities mentioned above applies to the employee.

If you're a student, it does not apply. Only to your job.