Rescinded [2010-07-19] - Maternity-related Reassignment or Leave Policy
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Policy objective
To alleviate, during the period of pregnancy and nursing (breast-feeding), health concerns of employees who are exposed to certain biological, chemical, physical, or psycho-social hazards in the workplace such as may exist in laboratories, on ships or construction sites, or at remote sites.
Policy statement
It is government policy that departments will make a reasonable effort to modify job duties or reassign or transfer pregnant or nursing employees who are concerned about the performance of certain duties during their pregnancy or while nursing.
Application
This policy applies to those parts of the Public Service listed under Part I of Schedule I of the Public Service Staff Relations Act.
Policy requirements
Pregnant or nursing employees who are concerned about performing certain duties during the period of pregnancy or nursing, may request a temporary change of duties and/or work site. This can be accomplished by means of a modification of job functions, an assignment, a deployment or a transfer. In the case of deployments and transfers, the employing department must have another position available and must comply with the staffing requirements of the Public Service Commission.
Medical certification
A pregnant employee's request for job modification, reassignment, deployment or transfer must be followed as soon as possible by a certificate of a qualified medical practitioner indicating the expected duration of the risk to the pregnant woman and/or her fetus, and the activities or conditions to avoid in order to eliminate the risk.
Similarly, a nursing employee's request for job modification, reassignment, deployment or transfer must also be accompanied by a medical certificate detailing the expected duration of the risk to the breast-fed infant and the activities or conditions to avoid in order to eliminate the risk.
Status of employee
An employee making such a request is to be immediately assigned alternative duties until such time as the manager modifies her job functions, reassigns her, or informs her in writing that it is not reasonably practicable to do so. The employee will continue to receive her regular pay and benefits pending a decision and for the duration of her job modification, reassignment, deployment or transfer.
Should accommodation not be reasonably practicable or should the pregnant or nursing employee refuse such accommodation, the employee may be required to take leave without pay in addition to other leaves provided for in her collective agreement or in Treasury Board policies.
Duration of accommodation
A modification of job functions, an assignment, a deployment or a transfer is temporary. Upon completion of pregnancy, the employee is expected to resume her full duties or return to her former position. In the case of a nursing employee, a modification of job functions, a reassignment, a deployment or a transfer will cease not later than twenty-four weeks following the birth of the child.
Responsibilities
The Public Service Commission is responsible for the application of the Public Service Employment Act and for staffing policies and guidelines.
The departmental manager, dependent upon the particular circumstances of the request for reassignment or leave, may wish to obtain an independent medical opinion from a physician that is satisfactory to the employer as to the expected duration of the potential risks and the activities or conditions to avoid in order to eliminate the risk.
Monitoring
The Treasury Board of Canada Secretariat will assess the implementation of this policy based on indications of dissatisfaction by employees including complaints and grievances. Transfers made under this policy will be subject to the normal monitoring procedures of the Public Service Commission.
Reference
Staffing Information (the PSC staffing manual)
Enquiries
For interpretation, departmental staff relations headquarters should contact:
Human Resources Management Division
Human Resources Branch
Treasury Board of Canada Secretariat
Enquiries pertaining specifically to staffing policies should be directed by departmental headquarters to the Staffing Programs Branch, Public Service Commission of Canada.