ARCHIVED - Continuous/discontinuous service
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Continuous/discontinuous service
September 2004
Table of Contents
3. Determination of pension, insurance and severance pay benefits
4. Determination of service for vacation leave purposes
1. Terms and definitions
The following words and phrases used in this section have the same meaning as the ones in the Glossary of terms and definitions found under the Compensation and Pay Administration heading. In order to ensure consistency and accuracy in terminology, the user may click on any of these terms for the definition.
students (étudiants)
student employment programs (programmes d'emploi pour étudiants)2. General
Determining continuous/discontinuous service is essential in establishing the accumulation of vacation leave credits for employees represented by certain collective agreements, pay plans or specific terms and conditions of employment.
Continuous/discontinuous service refers to one (1) or more periods of service in the Public Service as defined by the Public Service Staff Relations Act (PSSRA). Therefore, only periods of employment under Schedule I, Part I and Part II, are to be considered when determining the continuous or discontinuous service date for appointments to Schedule I, Part I.
Note 1: Schedule I of theFinancial Administration Act forms part of Schedule I, Part I of the PSSRA. Refer to Appendix A: The Public Service for the Purposes of the Public Service Terms and Conditions Employment Regulations of this module for the list of the different organizations in the Public Service.
Note 2: Although the following types of persons employed in the Public Service (PSSRA) are not considered as an employee under the PSSRA, they are subject to the Public Service Terms and Conditions of Employment Regulations (PSTCER). Therefore, their employment would also be considered in determining the continuous/discontinuous service date. They are as follows:
- A person not required to work more than one third of the normal period for persons doing similar work;
- A person employed on a casual basis; or
- A person employed on a term basis for three (3) months or less.
Note 3: A person employed in a portion of the Public Service of Canada, which is specified in Part I of Schedule I (PSSRA) under a program designated by the Treasury Board as a student employment program, is not considered an employee under the PSSRA and is not subject to the PSTCER since April 1, 1997.
Therefore, periods of student employment as of April 1, 1997, are not considered when determining the continuous/discontinuous service date for leave purposes.
Note 4: As per the Terms and Conditions of Employment for Executives, the definition of service for vacation leave entitlement, includes all periods of employment whether or not the employee received severance pay benefits and regardless of the reason for termination.
3. Determination of pension, insurance and severance pay benefits
A distinction must be made between determining the eligibility for vacation leave credits and the eligibility to receive severance pay benefits, or the eligibility to participate or to contribute to the following plans:
- Pension;
- Disability Insurance (DI);
- Long Term Disability (LTD);
- Public Service Management Insurance Plan (PSMIP);
- Public Service Health Care Plan (PSHCP); and
- Dental Care Plan (DCP).
The continuous employment date is used in these instances and not the continuous/ discontinuous service date.
4. Determination of service for vacation leave purposes
Most collective agreements allow for counting all service within the Public Service (PSSRA), whether continuous or discontinuous, provided that on leaving the Public Service the employee did not receive severance pay. Employees who received severance pay on lay-off and who were re-appointed within one (1) year, following the date of layoff, or employees appointed to the Executive Group are excluded from this restriction.
Reference should always be made to the relevant collective agreement, pay plan or specific terms and conditions of employment, as some still provide for the accrual of vacation leave credits based on continuous employment.
At this time, four (4) collective agreements provide for the accumulation of vacation leave credits on the continuous employment date: They are as follows:
- Air Traffic Control (AI) signed on June 13, 2003;
- Aircraft Operations (AO) signed on July 30, 2003;
- Printing Operations (PR non-supervisory) signed on September 4, 2003;
- Ship Repair (All Chargehand and Production Supervisor Employees located on the east coast) (SRC) signed on January 10, 2002.
In addition, the majority of the collective agreements of the Public Service Alliance of Canada (PSAC), the EC collective agreement and the EL collective agreement contain a grandfather provision for vacation leave credits, previously based on continuous employment.
Note: Severance pay includes but is not limited to such termination benefits as retiring leave, rehabilitation leave and cash gratuities.
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Example 1: Part I Service of the PSSRA - resignation - received severance pay Prior service: Part I Service of the PSSRA A full-time term employee in the SI group under the EC collective agreement is hired for a specified period of three (3) months or more from June 18, 2001, to July 31, 2003, inclusive. The employee resigns prior to the end of the specified term at age 53, and the last day of employment is on Wednesday, July 30, 2003. The employee was struck-off strength (SOS) on July 31, 2003. The reason for the termination is resignation. Since the employee has an entitlement to an annual allowance, the severance pay benefits are based on a retirement. The employee has accumulated 18 days of sick leave credits as of July 30, 2003. New appointment to Part I Service of the PSSRA The employee is reappointed for a specified period appointment of three (3) months or more from Thursday, September 25, 2003, to Friday, January 23, 2004, in the AS group under the PA collective agreement. |
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Prior service |
Break |
New appointment |
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Specified period of three (3) months or more June 18, 2001 to July 30, 2003 Resignation - severance pay benefits paid (based on a retirement) 18 days sick leave credits |
July 31, 2003 to September 24, 2003 |
Specified period of three (3) months or more September 25, 2003 to January 23, 2004 |
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Two (2) years and 43 days |
56 days |
121 days |
The employee received severance pay benefits on termination of employment. Therefore, in accordance with the PA collective agreement signed on November 19, 2001, Article 34.03 (a), the service date for vacation leave purposes for this employee is effective on September 25, 2003.
The previous Public Service (PSSRA) period of employment for which severance pay is paid does not count towards determining the employee's vacation leave entitlement.
Note: As of September 25, 2003, the employee meets the continuous employment criteria under the PSTCER 3.(A)(i) since the periods of service are not separated by more than three (3) months. The employee is credited with 18 days of sick leave credits on reappointment. Refer to Section 2.4.1 Prior service in Part I Service or the Public Service (PSSA) - Indeterminate or a specified period of three (3) months or more (PSTCER 3.(A)(i)) of the Continuous employment, continuous service and continuous/discontinuous service module for additional information.
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Example 2: Subject to the PSTCER - end of casual employment as per PSEA 21.2 Prior service: PSTCER A full-time employee in the CR group under the PA collective agreement is hired as a casual employee from June 23, 2003, to September 12, 2003, inclusive. The employee's last day of employment is on Friday, September 12, 2003, and was struck-off strength (SOS) on Saturday, September 13, 2003. The reason for the termination is end of term. The employee has accumulated 3.75 days of sick leave credits as of September 12, 2003. New appointment subject to PSTCER The employee is reappointed for a specified period appointment of less than three (3) months, which is effective from Thursday, September 18, 2003, to Friday, December 12, 2003, inclusive, in the AS group under the PA collective agreement. |
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Prior service |
Break |
New appointment |
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Casual employee June 23, 2003 to September 12, 2003 End of term - no entitlement to severance pay benefits 3.75 days sick leave credits |
September 13, 2003 to September 17, 2003 |
Specified period of less than three (3) months September 18, 2003 to December 12, 2003 |
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82 days |
Five (5) days (three (3)working days) |
86 days |
The employee did not receive severance pay benefits on termination of employment. Therefore, in accordance with the PA collective agreement signed on November 19, 2001, Article 34.03 (a), the employee is credited with 82 days of discontinuous service. The service date for vacation leave purposes for this employee is effective on June 28, 2003.
The previous Public Service (PSSRA) period of employment for which severance pay was not paid counts towards determining the employee's vacation leave entitlement.
The employee will earn vacation leave credits when subject to the PA collective agreement.
Note: As of September 18, 2003, the employee meets the continuous employment criteria under the PSTCER 3.(C)(i) since such service is not separated by more than five (5) working days. The employee is credited with 3.75 days of accumulated sick leave credits on reappointment, even though under the casual status the employee is not entitled to paid leave. Refer to Section 2.6.1 Prior service in Part I Service or the Public Service (PSSA) - Casual employee (PSTCER 3.(C)(i)) of the Continuous employment, continuous service and continuous/discontinuous service module for additional information.
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Example 3: Subject to the Terms and Conditions of Employment for Students Prior service: Post-secondary Co-op/Internship Program A full-time employee working under the Internship Program is hired from April 14, 2003, to December 12, 2003, inclusive. The employee's last day of employment is on Friday, December 12, 2003, and was struck-off strength (SOS) on Saturday, December 13, 2003. The reason for the termination is end of the Internship Program. New appointment subject to PSTCER The employee is reappointed for a specified period appointment of less than three (3) months, which is effective from Monday, December 15, 2003, to Friday, March 12, 2004, inclusive, in the ES group under the EC collective agreement. |
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Prior service |
Break |
New appointment |
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Student April 14, 2003 to December 12, 2003 End of the Program |
December 13, 2003 to December 14, 2003 |
Specified period of less than three (3) months December 15, 2003 to March 12, 2004 |
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243 days (eight (8) months and three (3) days) |
None |
89 days |
In accordance with the EC collective agreement signed on June 27, 2001, Article 24.02 (k), the service date for vacation leave purposes for this employee is effective on December 15, 2003, since only the service within the Public Service (PSSRA), whether continuous or discontinuous, counts toward the employee vacation leave.
The Internship Program assignment does not count for the accumulation of vacation leave credits because this service does not form part of the Public Service, as defined in Schedule I of the PSSRA.
The employee will earn vacation leave credits when subject to the EC collective agreement.
Note: The student Internship Program service does not count for continuous/discontinuous service. As of December 15, 2003, the employee meets all of the continuous employment criteria under the PSTCER 3.(C)(ii) since the periods of service are not separated by more than three (3) months. The employee's continuous employment date is effective on April 14, 2003. Refer to Section 2.6.2. Prior service in Part I Service or the Public Service (PSSA) - Indeterminate or a specified period of three (3) months or more (PSTCER 3.(C)(ii)) of the Continuous employment, continuous service and continuous/discontinuous service module for additional information.
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Example 4: Subject to the PSTCER and the Terms and Conditions of Employment for Students (TCES) Prior service: Post-secondary Co-op/Internship Program A full-time employee working under the Internship Program is hired from March 3, 1997, to September 12, 1997, inclusive. The employee's last day of employment is on Friday, September 12, 1997, and was struck-off strength (SOS) on Saturday, September 13, 1997. The reason for the termination is end of the Internship Program. New appointment subject to PSTCER The employee is reappointed on an indeterminate basis, which is effective on Monday, October 13, 1997, in the AS group under the Group Specific Agreement and the PSAC Master Agreement. |
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Prior service |
Break |
New appointment |
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Student under the PSTCER March 3, 1997 to March 31, 1997 Paid 1.25 days of vacation leave credits on March 31, 1997 Accumulated 1.25 days sick leave credit |
Student under the TCES April 1, 1997 to September 12, 1997 |
September 13, 1997 to October 12, 1997 |
Indeterminate October 13, 1997 |
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29 days |
165 days |
30 days |
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In accordance with the AS Group Specific Agreement signed on May 17, 1989, Article 21.03, the employee is credited with 29 days of discontinuous service. The service date for vacation leave purposes for this employee is effective on September 14, 1997, since only the service within the Public Service (PSSRA), whether continuous or discontinuous, counts toward vacation leave.
The period of the Internship Program assignment from March 3, 1997, to March 31, 1997, inclusive, counts for the accumulation of vacation leave credits because this service does form part of the Public Service as defined under Schedule I of the PSSRA.
The period of the Internship Program assignment of April 1, 1997 to September 12, 1997, does not count for the accumulation of vacation leave credits because this service does not form part of the Public Service as defined in Schedule I of the PSSRA.
Note: The period of April 1, 1997, to September 12, 1997, inclusive, does not count for continuous/discontinuous service. As of October 13, 1997, the employee meets all of the continuous employment criteria under the PSTCER 3.(A)(i) since the periods of service are not separated by more than three (3) months. The continuous employment date remains effective on March 3, 1997, and the employee is credited with the 1.25 days of sick leave credits on reappointment. Refer to Section 2.4.1 Prior service in Part I Service or the Public Service (PSSA) - Indeterminate or a specified period of three (3) months or more (PSTCER 3.(A)(i)) of the Continuous employment, continuous service and continuous/discontinuous service module for additional information.
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Example 5: Former RCMP member Prior service: RCMP A RCMP member with 25 years and 200 days service retires from the force on Friday, November 30, 2001, with a honourable release and in receipt of an immediate annuity. New appointment to Part I Service of the PSSRA The person is appointed as an indeterminate employee, which is effective on Monday, January 14, 2002, in a PM-05 position under the PA collective agreement. At that time, the employee surrendered the RCMP pension. |
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Prior service |
Break |
New appointment |
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RCMP employment Hired on May 15, 1976, retires end of business Friday, November 30, 2001
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December 1, 2001 to January 13, 2002 |
Indeterminate January 14, 2002
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25 years and 200 days |
44 days |
The RCMP service does not count for the accumulation of vacation leave credits because this service does not form part of the Public Service as defined under Schedule I of the PSSRA. Therefore, in accordance with the PA collective agreement signed on November 19, 2001, Article 34.03 (a), the service date for vacation leave purposes for this employee is effective on January 14, 2002.
Note: The RCMP service does not count for continuous/discontinuous service. As of January 14, 2002, the employee meets all of the continuous employment criteria under the PSTCER 3.(A)(iii), since the employee was honourably released, the periods of service are not separated by more than three (3) months and the employee surrendered the RCMP pension on the date of appointment. For this reason, the employee is credited with the sick leave credits on reappointment. Refer to Section 2.4.3 Prior service - Canadian Forces (CF)/Royal Canadian Mounted Police (RCMP) (PSTCER 3(A)(iii) of the Continuous employment, continuous service and continuous/discontinuous service module for additional information.
Note: The above example shows the previous service for a RCMP member. If the previous service had been as a Canadian Forces member instead, the treatment would be identical.
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Example 6: RCMP - Public Service Prior service: PSSRA A full-time employee in the CR group is hired for a specified period of less than three (3) months from June 23, 2003, to September 12, 2003, inclusive. The employee's last day of employment is on Friday, September 12, 2003, and was struck-off strength (SOS) on Saturday, September 13, 2003. The reason for the termination is end of term. The employee has accumulated 3.75 days of sick leave credits as of September 12, 2003. New appointment subject to PSTCER The employee is reappointed for a specified period appointment of less than three (3) months, which is effective from Thursday, September 18, 2003, to Friday, December 12, 2003, inclusive, in the AS group under the PA collective agreement. |
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Prior service |
Break |
New appointment |
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Specified period of less than three (3) months June 23, 2003 to September 12, 2003 End of term - no entitlement to severance pay benefits 3.75 days sick leave credits |
September 13, 2003 to September 17, 2003 |
Specified period of less than three (3) months September 18, 2003 to December 12, 2003 |
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82 days |
Five (5) days (three (3) working days) |
86 days |
The employee did not receive severance pay benefits on termination of employment. Therefore, in accordance with the PA collective agreement signed on November 19, 2001, Article 34.03 (a), the employee is credited with 82 days of discontinuous service, and the service date for vacation leave purposes for this employee is effective on June 28, 2003.
The previous Public Service (PSSRA) period of employment for which severance pay was not paid counts towards determining the employee's vacation leave entitlement.
The employee will earn vacation leave credits when subject to the PA collective agreement.
Note: As of September 18, 2003, the employee meets the continuous employment criteria under the PSTCER 3.(C)(i) since the service is not separated by more than five (5) working days. The employee is credited with 3.75 days of accumulated sick leave credits on reappointment, even though under the casual status the employee is not entitled to paid leave. Refer to Section 2.6.1 Prior service in Part I Service or the Public Service (PSSA) - Casual employee (PSTCER 3.(C)(i)) of the Continuous employment, continuous service and continuous/discontinuous service module for additional information.
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Example 7: Crown Corporation Prior service: Post Office Department - Canada Post Corporation A full-time employee with Canada Post Corporation is hired as an indeterminate employee from November 2, 1980, to January 11, 1989, inclusive. The employee's last day of employment is on Wednesday, January 11, 1989, and was struck-off strength (SOS) on Thursday, January 12, 1989. The reason for the termination is a resignation. The employee has accumulated 3.75 days of sick leave credits as of January 11, 1989. New appointment to Part I of the PSSRA The employee is reappointed as an indeterminate employee, which is effective on Monday, March 18, 2002, in the AS group under the PA collective agreement. |
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Prior service |
Break |
New appointment |
|
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Indeterminate November 2, 1980 to October 15, 1981 Post Office (Part I of the PSSRA) |
Indeterminate October 16, 1981 to January 11, 1989 Canada Post Corporation (Crown Corporation) Resignation - no entitlement to severance pay benefits 3.75 days sick leave credits |
January 12, 1989 to March 17, 2002 |
Indeterminate March 18, 2002
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348 days |
Seven (7) years and 88 days |
13 years and 65 days |
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The employee did not receive severance pay benefits on termination of employment. Therefore, in accordance with the PA collective agreement signed on November 19, 2001, Article 34.03 (a), the employee is credited with 348 days of discontinuous service for the Post Office period of employment, which is under Part I Service of the PSSRA. The service date for vacation leave purposes is effective on April 4, 2001.
The previous Public Service (PSSRA) period of employment for which severance pay was not paid counts towards determining the employee's vacation leave entitlement.
As of October 16, 1981, the Post Office Department became Canada Post Corporation, a Crown Corporation, which is no longer subject to Schedule I of the PSSRA. Therefore, the employment period of October 16, 1981, to January 11, 1989, inclusive, is not eligible to count as discontinuous service.
Note: As of March 18, 2002, the employee does not meet any of the continuous employment criteria under the PSTCER 3., and therefore, is not credited with sick leave credits on reappointment. Refer to Section 2 General of this module for more information.
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Example 8: Crown Corporation Prior service: Transport Canada - NAV Canada A full-time employee with Transport Canada is hired as an indeterminate employee from November 28, 1994 to October 31, 1996, inclusive. The employee was laid-off and transferred to NAV Canada effective on November 1, 1996. The employee's last day of employment with NAV Canada is on Friday, June 27, 1997, and is struck-off strength (SOS) on Saturday, June 28, 1997. The reason for the termination is a resignation. The employee has accumulated 3.75 days of sick leave credits as of October 31, 1996. New appointment to Part I of the PSSRA The employee is reappointed as an indeterminate employee, which is effective on Monday, October 20, 1997, as an AS under the PSAC Master Agreement. |
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Prior service |
Break |
New appointment |
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Indeterminate November 28, 1994 to October 31, 1996 Transport Canada (Part I of the PSSRA) Lay-off - entitlement to severance pay benefits 3.75 days sick leave credits |
Indeterminate November 1, 1996 to June 27, 1997 NAV Canada (Crown Corporation) Resignation - no entitlement to severance pay benefits
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June 28, 1997 to October 19, 1997 |
Indeterminate October 20, 1997
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One (1) year and 339 days |
239 days |
114 days |
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The employee received severance pay benefits on termination of employment with Transport Canada under the lay-off clause. Therefore, in accordance with the AS group specific agreement signed on May 17, 1989, Article 21.03, the employee is credited with one (1) year and 339 days of discontinuous service for the Transport Canada period of employment, since the reappointment to the Public Service is within one (1) year following the date of lay-off. The service date for vacation leave purposes is effective on November 16, 1995.
Note: As of July 13, 1998, the employee meets the continuous employment criteria under the PSTCER 3.(B)(i) since the allowable break between periods of service is unlimited.
The employee is credited with 3.75 days of sick leave credits on reappointment since the reappointment in the Public Service occurs within one (1) year from the lay-off date as per Article M-22.08 of the PSAC Master Agreement. Refer to Section 2.5.1 Prior service in Part I Service or the Public Service (PSSA) - Indeterminate or a specified period of three (3) months or more (PSTCER 3.(B)(i)) of the Continuous employment, continuous service and continuous/discontinuous service module for additional information.
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Example 9: House of Commons Prior service: House of Commons A full-time term employee had employment with the House of Commons for the period of June 13, 1994, to January 30, 2002, inclusive. The employee's last day of employment is on Wednesday, January 30, 2002, and was struck-off strength (SOS) on Thursday, January 31, 2002. The reason for the termination is a resignation. New appointment to Part I Service under the PSSRA The person is reappointed for a specified period of three (3) months or more from Monday, April 8, 2002, to Friday, April 4, 2003, inclusive, in the AS group under the PA collective agreement. |
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Prior service |
Break |
New appointment |
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House of Commons June 13, 1994 to January 30, 2002 Resignation - no entitlement to severance pay benefits |
January 31, 2002 to April 7, 2002 |
Specified period of three (3) months or more April 8, 2002 to April 4, 2003 |
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Seven (7) years and 232 days |
67 days |
362 days |
The House of Commons service does not count for the accumulation of vacation leave credits because this service does not form part of the Public Service, as defined in Schedule I of the PSSRA. Therefore, in accordance with the PA collective agreement signed on November 19, 2001, Article 34.03 (a), the service date for vacation leave purposes for this employee is effective on April 8, 2002.
Note: The House of Commons service does not count for continuous/discontinuous service. As of April 8, 2002, the employee meets all of the continuous employment criteria under the PSTCER 3.(A)(iv) since immediately prior to such service, the person was not a casual employee and did not cease to be employed in such office because the person holding such office ceased to hold it. The employee is credited with the sick leave credits on reappointment. Refer to Section 2.4.4 Prior service in Part I Service - Ministers' exempt staff (PSTCER 3.(A)(iv)) of the Continuous employment, continuous service and continuous/discontinuous service module for additional information.
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Example 10: Part I Service of the PSSRA - resignation and received severance pay Prior service: Part I Service of the PSSRA A full-time employee in the ES group under the EC collective agreement is hired on an indeterminate basis, which is effective on December 1, 1980. The employee resigned at age 53, and the last day of employment is on Wednesday, July 30, 2003. The employee was struck-off strength (SOS) on July 31, 2003. The reason for the termination is resignation. Since the employee has an entitlement to an annual allowance, the severance pay benefits are based on a retirement. The employee has accumulated 18 days of sick leave credits as of July 30, 2003. New appointment to Part I Service of the PSSRA The employee is reappointed on an indeterminate basis in the EX category, which is effective on Monday, September 8, 2003. |
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Prior service |
Break |
New appointment |
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Indeterminate December 1, 1980 to July 30, 2003 Resignation - severance pay benefits paid (based on a retirement) 18 days sick leave credits |
July 31, 2003 to September 7, 2003 |
Indeterminate September 8, 2003 |
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22 years and 242 days |
39 days |
In accordance with the Terms and Conditions of Employment for Executives, the employee is credited with 22 years and 242 days of discontinuous service. The service date for vacation leave purposes for this employee is effective on January 9, 1981. Although the employee received severance pay on termination of employment, the service does count towards determining the employee's vacation leave entitlements.
Note: As of September 8, 2003, the employee meets the continuous employment criteria under the PSTCER 3.(A)(i) since the periods of service are not separated by more than three (3) months. The employee is credited with 18 days of sick leave credits on reappointment. Refer to Section 2.4.1 Prior service in Part I Service or the Public Service (PSSA) - Indeterminate or a specified period of three (3) months or more (PSTCER 3.(A)(i)) of the Continuous employment, continuous service and continuous/discontinuous service module for additional information.
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Example 11: Part I Service of the PSSRA Prior service: Part I Service of the PSSRA A full-time employee in the PM group under the PA collective agreement is hired on an indeterminate basis, which is effective on June 20, 1988. The employee resigned and the last day of employment is on Friday, July 24, 1998. The employee was struck-off strength (SOS) on Saturday, July 25, 1998. The employee received severance pay benefits. The employee had accumulated 18 days of sick leave credits as of July 24, 1998. New appointment to Part I Service of the PSSRA The employee is reappointed for a specified period appointment of three (3) months or more from Monday, September 22, 2003 to Friday, January 23, 2004, in the AS group under the PA collective agreement. |
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Prior service |
Break |
New appointment |
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Indeterminate June 20, 1988 to July 24, 1998 Resignation - severance pay benefits paid 18 days sick leave credits |
July 25, 1998 to September 21, 2003 |
Specified period of three (3) months or more September 22, 2003 to January 23, 2004 |
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10 years and 35 days |
Five (5) years and 59 days |
124 days |
The employee received severance pay benefits on termination of employment. Therefore, in accordance with the PA collective agreement signed on November 19, 2001, Article 34.03 (a), the continuous service date for vacation leave purposes for this employee is effective on September 22, 2003.
Note 1: As of September 22, 2003, the employee does not meet the continuous employment criteria under the PSTCER 3.(A)(i) since the periods of service are separated by more than three (3) months. The employee is not credited with 18 days of sick leave credits on reappointment. Refer to Section 2.4.1 Prior service in Part I Service or the Public Service (PSSA) - Indeterminate or a specified period of three (3) months or more (PSTCER 3.(A)(i)) of the Continuous employment, continuous service and continuous/discontinuous service module for additional information.
Note 2: Although the employee was a former member of the PM bargaining unit on May 17, 1989, the grandfather protection referred to in Article 34.03 (b) of the PA collective agreement is lost as the employee left the bargaining unit effective on July 25, 1998.
5. Transfer of unused vacation and furlough leave credits from Part II Service to Part I Service of the PSSRA
Some collective agreements allow employees joining an organization listed under Schedule I, Part I of the Public Service Staff Relations Act (PSSRA) from an organization listed under Schedule I, Part II of the PSSRA, without a break in service, to chose not to be paid vacation, and if applicable, furlough leave credits on resignation and to transfer these leave credits to the new organization.
Reference should be made to the collective agreement, pay plan or the specific terms and conditions of employment for the particulars of such transfers.
Where the pay authorities are silent, the PSTCER 9. provides for the transfer of vacation leave credits from prior Public Service (PSSA) where the deputy head of the Schedule I, Part I Service of the PSSRA organization accepts the liability for these unused vacation leave credits.
Note: The policy of the Treasury Board Secretariat as the employer is to accept severance pay from Part II Service of the PSSRA if there is no break in service, and the employee chooses not to be paid for the severance pay benefits, but instead, requests to transfer these benefits to the organization listed under Schedule I, Part I of the PSSRA.
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Example 1: CRA - Part II Service of the PSSRA Prior service: Part II of the PSSRA A full-time term employee at Canada Revenue Agency (CRA) in a SI-02 position is hired on an indeterminate basis, which is effective on September 20, 1990. The employee's last day of employment is on Friday, April 5, 2002, and was struck-off strength (SOS) on Saturday, April 6, 2002. The reason for the termination is a resignation. The employee is entitled to severance pay benefits and chooses to be paid for these benefits under Schedule I, Part II of the PSSRA. The employee has accumulated 20 days of vacation leave credits and 10 days of sick leave credits. The employee requested that the accumulated vacation leave credits of 20 days be transferred to the new employer. New appointment to Part I Service of the PSSRA The employee is reappointed at Public Works and Government Services Canada (PWGSC) as an indeterminate employee, which is effective on Monday, April 8, 2002, as a CS-02 under the CS collective agreement. |
In accordance with the CRA and SI/PIPSC agreement, the employee is entitled to the payment of severance pay under the resignation article, as the employee had completed 10 years of continuous employment on termination of employment.
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Prior service |
Break |
New appointment |
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Indeterminate September 20, 1990 to April 5, 2002 Resignation - severance pay benefits paid 20 days vacation leave credits, 10 days sick leave credits |
April 6, 2002 to April 7, 2002 |
Indeterminate April 8, 2002 |
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11 years and 198 days |
None (as per continuous service) |
The employee requests that the balance of 20 days vacation leave credits be transferred to the new employer. As per Article 15.18 of the CS collective agreement, the employer can agree to accept the unused vacation and furlough leave credits up to a maximum of 35 days for an employee who resigns from an organization listed in Schedule I, Part II of the PSSRA in order to take a position with the employer. This applies if the transferring employee is eligible and chooses to have these credits transferred.
Effective April 8, 2002, the employee is credited with 20 days of vacation leave credits.
Note: As of April 8, 2002, the employee meets the continuous employment criteria under the PSTCER 3.(A)(i) since the periods of service are not separated by more than three (3) months. The employee is credited with 10 days of sick leave credits on reappointment. Refer to Section 2.4.1 Prior service in Part I Service or the Public Service (PSSA) - Indeterminate or a specified period of three (3) months or more (PSTCER 3.(A)(i)) of the Continuous employment, continuous service and continuous/discontinuous service module for additional information.
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Example 2: CRA - Part II Service of the PSSRA Prior service: Part II Service of the PSSRA A full-time term employee at Canada Revenue Agency (CRA) in a SI-02 position is hired on an indeterminate basis as of September 20, 1990. The employee's last day of employment is on Friday, April 5, 2002, and was struck-off strength (SOS) on Saturday, April 6, 2002. The reason for the termination is a resignation. The employee is entitled to severance pay benefits. The employee has accumulated 20 days of vacation leave credits and 10 days of sick leave credits. The employee requested that the accumulated vacation leave credits of 20 days, as well as the severance pay, be transferred to the new employer. New appointment to Part I Service of the PSSRA The employee is reappointed at Public Works and Government Services Canada (PWGSC) as an indeterminate employee, which is effective on Monday, April 8, 2002, as a CS-02 under the CS collective agreement. |
In accordance with the CRA and SI/PIPSC agreement, the employee is entitled to the payment of severance pay under the resignation article, as the employee had completed 10 years of continuous employment on termination of employment.
|
Prior service |
Break |
New appointment |
|
Indeterminate September 20, 1990 to April 5, 2002 Resignation - severance pay benefits not paid 20 days vacation leave credits, 10 days sick leave credits |
April 6, 2002 to April 7, 2002 |
Indeterminate April 8, 2002 |
|
11 years and 198 days |
None (as per continuous service) |
Since on termination of employment, the employee requested a transfer of the severance benefits to the new employer with no break in service the employee's continuous service date for leave purposes is effective on September 20, 1990. This is in accordance with the CS collective agreement signed on June 3, 2003, Article 15.03.
Also, the employee requested that the balance of 20 days vacation leave credits be transferred to the new employer. As per Article 15.18 of the CS collective agreement, the employer can agree to accept the unused vacation and furlough leave credits up to a maximum of 35 days for an employee who resigns from an organization listed in Schedule I, Part II of the PSSRA in order to take a position with the employer. This applies if the transferring employee is eligible and chooses to have these credits transferred.
Effective April 8, 2002, the employee is credited with 20 days of vacation leave credits.
Note 1: As of April 8, 2002, the employee meets the continuous employment criteria under the PSTCER 3.(A)(i) since the periods of service are not separated by more than three (3) months. The employee is credited with 10 days of sick leave credits on reappointment. Refer to Section 2.4.1 Prior service in Part I Service or the Public Service (PSSA) - Indeterminate or a specified period of three (3) months or more (PSTCER 3.(A)(i)) of the Continuous employment, continuous service and continuous/discontinuous service module for additional information.
Note 2: The policy of the Treasury Board Secretariat, as the employer, is to accept severance pay from Schedule I, Part II Service of the PSSRA.
6. Transfer of unused vacation and furlough leave credits from Part I Service to Part II Service of the PSSRA
Some collective agreements allow employees joining an organization listed under Schedule I, Part II of the Public Service Staff Relations Act (PSSRA) from an organization listed under Schedule I, Part I of the PSSRA, without a break in service, to chose not to be paid vacation, and if applicable, furlough leave credits on resignation, and to transfer these leave credits to the new organization.
In addition, some collective agreements provide for an employee who resigns to accept an appointment with an organization listed in Schedule I, Part II of the PSSRA to choose not to be paid severance pay provided that the appointing organization will accept the employee's Part I service for its severance pay entitlement.
Reference should be made to the collective agreement, pay plan or the specific terms and conditions of employment for the particulars of such transfers.
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Example 1: PWGSC - Part I Service of the PSSRA Prior service: Part I Service of the PSSRA A full-time employee with Public Works and Government Services Canada (PWGSC) in the PM group under the PA collective agreement is hired on an indeterminate basis, which is effective on March 27, 2000. The employee resigned on Friday, May 17, 2002. The employee was struck-off strength (SOS) on Saturday, May 18, 2002. The employee is not entitled to severance pay benefits. The employee has accumulated 10 days of vacation leave credits and five (5) days of sick leave credits. New appointment to Part II Service of the PSSRA The employee is appointed as an indeterminate employee, which is effective on May 21, 2002, with the National Capital Commission (NCC). |
|
Prior service |
Break |
New appointment |
|
Indeterminate March 27, 2000 to May 17, 2002 Resignation - no entitlement to severance pay benefits 10 days annual leave credits Five (5) days sick leave credits |
May 18, 2002 to May 20, 2002 |
Indeterminate with the NCC May 21, 2002 |
|
Two (2) years and 52 days |
One (1) compensation day |
In accordance with the PA collective agreement Article 34.16, since the employee resigns to accept an appointment with an organization listed in Schedule I, Part II of the PSSRA and has a break in continuous service of one (1) compensation day, then the employee is unable to transfer the unused vacation leave credit of 10 days to the new employer.
Therefore, as per Article 34.13 of the PA collective agreement signed on November 19, 2001, the number of days of earned but unused vacation leave credits to the employee's credit are paid out on the date of the termination of employment.