ARCHIVED - Part-time, casual and seasonal employees

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1 Purpose

This chapter focuses on the terms and conditions of employment for part-time employees, specified period employees in casual status and seasonals.

2 Part-time employees

2.1 General

A part-time employee is a person whose assigned hours of work are less than the normally scheduled daily or weekly hours of work established for a full-time employee of the same occupational group and level.

A part-time employee whose assigned hours of work are in excess of one-third of the normal number of hours for the position is subject to the relevant collective agreement unless the employee is excluded or a casual.

Part-time employees who are excluded from a collective agreement or whose hours of work are one-third or less than the normal hours for the position are accorded the terms and conditions of the relevant collective agreement.

Part-time employees who are employed on a casual basis are subject to Section 52 of the Public Service Terms and Conditions of Employment Regulations.

2.2 Rate of pay

A part-time employee shall be paid at the rate of pay obtained by:

The following formula applies:

assigned work week	X	rate of pay for
standard work week		the position

2.3 Benefits

Part-time employees are entitled to the same benefits as full-time employees but on a pro-rated basis. (i.e. in the same proportion as their assigned weekly hours of work compare with the normal weekly hours of work of full-time employees).

The benefits provided are specified in the relevant collective agreement or in Section 52 of the Public Service Terms and Conditions of Employment Regulations, whichever is applicable.

The following entitlements are calculated in the same manner as for full-time employees:

3 Specified period employees in casual status

3.1 General

Casual employees are specified period employees who are appointed to one or more terms of less than six (6) months in a department or agency listed in Part I, Schedule I of the Public Service Staff Relations Act.

These employees are subject to Section 52 of the Public Service Terms and Conditions of Employment Regulations and remain in casual status until they have completed a period of six months of employment with no break in excess of five working days.

For the purpose of this section, employee refers to an employee in casual status.

3.2 Method of payment

An employee may be paid on a positive (arrears) basis or on a negative (current) basis.

3.3 Pay determination

An employee shall be paid the minimum rate for the group and level of appointment except where Treasury Board authority exists to pay above the minimum rate for the group and level of appointment.

The Treasury Board authorities referred to above are contained in Chapter 3, section 4.1 of this volume.

3.4 Promotion and transfer

Promotion and transfer rules also apply to casual employees, except on acting assignment.

3.5 Acting assignment

Acting pay may be authorized at the discretion of the deputy head. The qualifying period may be consistent with the terms and conditions of employment applicable to indeterminate employees of the same substantive group and level.

The rate of pay shall be the rate that is nearest to but not less than the rate of pay the employee was receiving immediately prior to the acting assignment.

3.6 Vacation pay

Employees are not entitled to vacation leave with pay. When an employee ceases to be in casual status a gratuity in the amount of four percent of salary and overtime compensation is payable.

3.7 Revisions

A full-time employee is entitled to the applicable revised salary rate in accordance with the Retroactive Remuneration Directives. (Refer to Chapter 4, section 10 of this volume.)

3.8 Pay for holidays

A full time employee is entitled to be paid for the holidays prescribed in the relevant collective agreement or terms and conditions of employment regulations when that employee is entitled to pay on either the day preceding or following a holiday.

Pay on either the day preceding or the day following means that where the employee is entitled to pay for only a portion of the day, the employee must also be on approved leave for the remainder of the day.

Payment for the holiday will be equivalent to the amount the employee would have been paid for that day if it had not been a holiday and the employee had worked the employee's normal hours on that day.

3.9 Overtime compensation and work on a holiday

Overtime and compensation for work on a holiday shall be paid in accordance with the relevant collective agreement except for compensatory leave clauses.

3.10 Sick leave

An employee shall earn sick leave credits as prescribed in the relevant collective agreement. Paid sick leave shall not be granted to an employee, however, while that employee is in casual status.

3.11 Bereavement leave

Casual employees shall be granted bereavement leave for a period up to three consecutive calendar days to include the day of the funeral, when a member of the immediate family dies. Such leave is to be without pay in the first three months of continuous employment and with pay after the employee has completed three months of continuous employment.

For the purpose of bereavement leave, immediate family is defined as father, mother (or alternatively stepfather, stepmother or foster parent), brother, sister, spouse, (including common-law spouse resident with the employee), child (including child of common-law spouse), stepchild or ward of the employee, father-in-law, mother-in-law and relative permanently residing in the employee's household or with whom the employee permanently resides.

3.12 Increments

When an employee becomes subject to a collective agreement or other relevant terms and conditions of employment regulations, the period of employment in casual status shall be applied for purposes of determining the increment date provided that there has not been a termination of employment.

Where there has been a termination of employment, the period of employment prior to the termination shall not apply.

3.13 Union dues

Casual employees are not subject to dues check-off.

3.14 Lay-off payment in lieu of notice

Where an employee with three months continuous employment is laid off and has not received two weeks' notice in writing, two weeks' pay in lieu of notice shall be paid.

The method of the payment will depend on when the written notice is given to the employee. If, for example, the employee is notified before the actual lay-off date but within two weeks and remains on strength to the lay-off date, the balance of the two week payment is made as a lump sum on lay-off. In cases where the employee is notified and laid off on the same date, a two week lump sum payment would be made.

Should the employee terminate employment after having been notified of the lay-off, but prior to the lay-off date, no payment will be made.

Should the employee become re-employed, payments in lieu of notice are not considered as severance benefits for the purposes of possible future entitlement to severance pay based on continuous employment.

3.15 Miscellaneous

The following terms shall be applied in accordance with the relevant collective agreement:

4 Seasonal employee

4.1 General

A seasonal employee is one who performs the duties of a position for a period of less than twelve months in successive years of employment.

The method of determining a seasonal employee's entitlement to the terms and conditions of a collective agreement is the same as that for all other employees.

4.2 Rate of pay

The pay for a seasonal employee shall be as specified in the applicable collective agreement or terms and conditions of employment.

4.3 Benefits

Benefits are also calculated according to the relevant collective agreement or terms and conditions of employment, in the same manner as for full-time employees.

The following entitlements are calculated in the same manner as for full-time employees:

 

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