No Guarantee of a reasonable job offer – opting employees

If your services will no longer be required beyond a specific date and the President does not see the likelihood of employment for you in the Agency, you will receive a written notice that you are an opting employee (1.1.6). This means you are not guaranteed a reasonable job offer within the Agency. The CFIA, however, must give you assistance in finding new employment, either inside or outside the Agency.

If you do not agree with the recommendation to declare you an opting employee (i.e., to not give you a guarantee of a reasonable job offer), you can challenge this recommendation to the President (1.1.11).

As an opting employee, you must choose one of three options within 90 days of being advised of your status (6.1.2). Once you have advised the Agency of your choice in writing, you cannot change it (6.1.3). If you don't select an option within the 90 days, you will be considered to have selected option A (6.1.4).

A. Limited Surplus Status.

With this option, you become a surplus employee with surplus priority status, but only for a 12 month period. This means you get the same rights as a surplus employee for that period, including that you can be appointed to a position for which you are qualified before other Agency employees without having to compete or be concerned about the appointment being challenged (6.3.1a.). (See Guarantee of a reasonable job offer - surplus employees fact sheet)

CFIA must make every reasonable effort to market you within this period, but if you don't receive a reasonable job offer within that period, you will be laid off.

If you resign before the one year is up, you will be considered involuntarily laid off on the day the employer accepts your resignation in writing for the purposes of severance pay and retroactive remuneration (1.1.31). You may also be eligible
to receive a lump sum payment covering your pay for the remainder of the surplus period, up to a maximum of six months. The payment will only be made if your work is discontinued (6.3.9). This amount can be up to six months pay,
but cannot be larger than what you would have received by selecting option B. If you accept this sum, you lose any priority rights for appointment (6.3.4). You are not eligible for this lump sum payment if you refuse a reasonable job offer during the 12 month period (6.3.9). This amount is at the discretion of management, but shall not be unreasonably denied (6.3.10).

B. Transition Support Measure. This option gives you a cash payment of a number of weeks of pay, based on your years of service (6.3.1 (b)). Annex A
of the Employment Transition Policy (ETP) in your collective agreement provides the method for calculating this amount. Note that the maximum number of weeks of pay you can receive is 52.

If you select this option, you must resign, but your resignation will be considered a lay-off when your severance pay is calculated.

The Agency establishes your departure date (6.3.2) and you do not have any priority rights for appointment under this option (6.3.4)

C. Education Allowance. This option gives you the cash payment of option B, plus
up to $10,000 for reimbursement of receipted educational expenses (e.g., tuition, books, mandatory equipment). If you choose this option, the Agency establishes your departure date (6.3.2) and you can proceed in one of two ways (6.3.1 (c)).

1. Resign. You will be considered laid off for severance purposes and you will not have any priority rights for appointment (6.3.4).

2. Go on leave without pay for a maximum of two years, providing your employer with proof of registration at a learning institute. The education allowance can be made in either one or two lump sum payments over the two year period. This allows you to continue your membership in public service benefit plans, including superannuation, although you pay both the employee and employer shares. If you do not provide the Agency with proof of your registration within 12 months of the leave beginning, you will be considered to have resigned, although it will be considered a lay-off in terms of severance pay (6.3.5). At the end of the two years leave without pay, unless you have found alternate employment in the Agency, you will be laid off.

Opting employees who choose Option B or C will be entitled to receive up to $600 towards financial and job placement counseling services (6.3.6).

If a reasonable job offer which does not require relocation is made during the 90 day opting period and prior to acceptance of an option, you are not eligible for pay in lieu of unfulfilled surplus period (see option A.), the transition support measure (option B.), or theeducation allowance (option C.) (6.1.5).

If you receive lump sum payments for any of the above options and you are re-hired within the period covered by the payment, you will have to repay a pro-rated amount of the money (6.3.7).

The pay in lieu of unfulfilled surplus period (see option A.), the transition support measure(option B.), or the education allowance (option C.) cannot be combined with any other payment under the ETP (6.3.3). However, severance pay and other benefits flowing from other clauses in your collective agreement are separate from and in addition to those in the ETP (1.1.32).

The Agency is required to provide you with an individual counsellor to help you assess your situation (1.1.29 - see Getting Help fact sheet).

 

Topics: 

Employers: 

September 18, 2013
Share/Save