Frequently Asked Questions: Telework 

The government’s mandate requiring federal public service workers to be in-office three days a week officially came into effect on September 9, 2024. 

Learn more about what this means for you and how you can join us in the fight for the future of work. 

General

Didn’t we secure telework in our last collective agreement?  

We fought and won a commitment from this government that would protect public service workers from arbitrary government-wide decisions on telework just like this one. That Letter of Agreement on Telework was critical to ending PSAC’s strike for the PA, SV, TC, and EB units. 
 
But despite the ongoing consultation process for telework modernization established by the Letter, the federal government implemented an amendment to the Direction on prescribed presence in the workplace without any form of notice to, or consultation with, PSAC or other federal bargaining agents. 
 
By making these changes without consultation, the federal government has reneged on their previous commitments to collaboration, flexibility, and consultation.

What is being done to make telework permanent for everyone and to include it in our collective agreements? 

PSAC is currently conducting the input process in preparation for the next round of bargaining for our Treasury Board units. Enshrining provisions around telework in the collective agreement is likely to be a key objective of the next round of bargaining. 
 
Once we have completed the bargaining conference and have established bargaining teams for each Treasury Board bargaining unit, we can exchange demands with the employer and negotiate to renew our collective agreements that are set to expire in 2025.

What is the difference between telework and remote work?

“Telework” and “remote work” are often used interchangeably in conversation or on social media. However, the federal government makes a clear distinction between the two terms. 
 
Telework is work performed by an employee from an alternate location other than a Government of Canada designated worksite, based on a voluntary request from an employee, subject to operational requirements and management approval. 
 
Remote work is work being accomplished in a location that is not a designated worksite. This is an employer-driven process when the health and safety of its employees are of concern. These situations generally occur during temporary unforeseeable circumstances, such as pandemics, states of emergencies, or inclement weather. An employee’s designated worksite does not automatically change if an employee is working remotely. 
 
That being said, the public doesn’t generally recognize a difference between the two terms. That’s why we’ve adopted the slogan #RemoteWorks for our public-facing campaign, yet still refer to it as “telework” in our communications with the employer and members.

How do members feel about this issue?

It’s clear that PSAC members have serious concerns: 

• Over 20,000 registered for our virtual telework town halls in August; 
• More than 40,000 signed our petition to repeal the three-day in-office mandate in its first week; 
• And 65,000+ filled out our telework survey in May. 

Our members are engaged, fired up, and ready to take this fight to the next level. 
 
Notably, 83% of survey respondents strongly oppose the three-day in-office mandate, 82% of respondents are willing to take action, 47% are prepared to give PSAC a strike mandate in the next round of bargaining over the government's approach to telework, and 64% are likely or very likely to file a grievance to challenge the decision.

Federal Mandate

What does the new three-day mandate mean for members?

The new Direction on prescribed presence in the workplace forces employees back into offices that are ill-equipped, poorly maintained, and do not have sufficient workspaces. It also undermines the advances in inclusivity, accessibility, and equity that the prior, more flexible approach to telework had promoted.

What is the threshold for operational requirement?

An operational requirement should be based on whether the work truly needs to be performed in person to meet the goals of the department or agency. This means the job tasks must specifically require physical presence to maintain the continuity of services, use specialized equipment, or handle secure materials. 
 
An operational requirement isn't about personal preferences or outdated management styles. That’s why we’re pushing to ensure that clear, transparent criteria are established, and decisions are made based on legitimate needs, not blanket mandates that don't take into account the actual functions of the job.

How many days per week in-office are we asking for?

It’s not about a specific number of days in-office. We want the mandate scrapped entirely and for the employer to adhere to the letter of agreement on telework. 
 
Strengthening telework protections will certainly be a key issue in the next round of bargaining, and enshrining provisions around telework in the collective agreement is likely to be another key objective.

Are we pushing for full-time telework?

We are pushing for a repeal of the one-size-fits-none mandate and asking that each request be reviewed by a manager on their own merit.

Is there a possibility we'll have to return to the office five days a week at some point in the future?Under what circumstances can I file an individual grievance?

This is certainly not PSAC’s vision for the future of work in the public service and we will keep pushing to make telework a permanent and flexible option. The employer should listen to its employees and repeal the one-size-fits-none approach to telework.

Workplace Concerns

Can the employer assign in-office days to employees without giving them a choice? Can the schedule be refused?

The employer has decided they are entitled to dictate employees' work schedules, and in-office days. However, if the assigned days create issues, reach out to your local union steward or component labour relations officer to discuss your options, including filing a grievance. 
 
In the meantime, you must comply with the employer’s direction. Failure to do so could result in disciplinary action. 

How will the employer accommodate all employees if too many want to work on the same days, but not enough space is available?

It's the employer's responsibility to implement a system to manage workspace availability, whether through staggered schedules or other accommodations. If space constraints arise, they are required to find solutions.  
 
You can also reach out to your local union steward or component labour relations officer to discuss your options, including filing a grievance.

Some employers are saying it is up to employees to bring in their own cleaning supplies when sharing/hoteling cubicles. Is this a health and safety violation?

Yes, it could be a violation. The employer is responsible for maintaining a safe and clean work environment, including shared spaces. If cleaning supplies aren’t provided, you should raise the issue with your health and safety committee or union representative.

What can I do if my employer refuses to provide lockers to keep my day-to-day items when there is no assigned seating?

Talk to your local or shop steward, as not having a space to store your items may be grounds for a grievance. At a minimum, raising the issue with your local and shop steward will help ensure your union representatives have a good understanding of the various issues faced by members, so they can be raised in the appropriate labour management forums.

Exemptions & Exceptions

Are there any exemptions or exceptions allowed to the employer's policy?

Yes, exemptions or exceptions to the three-day in-office mandate can be requested. These are typically considered on a case-by-case basis, particularly for employees with health issues, caregiving responsibilities, or other extenuating circumstances.  
 
Employees should discuss their specific situation with their manager and consult with their union steward to explore available options, including accommodation under human rights legislation. It's important to document any requests and provide necessary supporting information to justify the need for an exemption.

How does this impact employees with disabilities or caregiving responsibilities?

The amendment to the Direction on prescribed presence in the workplace potentially discriminates against individuals with disabilities and those with caregiving responsibilities by reducing workplace flexibility and accessibility, violating both the Canadian Human Rights Act and collective agreement protections. 
 
An individual grievance should be filed if a member experiences additional adverse impacts because of their membership in a human rights-protected group.

Moving to three days a week in the office will make it too expensive for me. Is this sufficient grounds for an accommodation?

For some employees, disregarding or altering an existing telework agreement may give rise to a viable detrimental reliance argument, where employees have made arrangements based on their prior agreement and now are unable to change those arrangements or can only do so at personal cost.  
 
You can consult with your union representative to consider if a grievance should be filed, what to expect, and how it should be formulated.

What if I require a medical certificate but don't have a doctor due to the shortage of medical professionals?

If you're unable to obtain a medical certificate due to the shortage of doctors, inform your employer of the situation as soon as possible. You can request alternative documentation, such as a letter from a nurse practitioner, or explain your circumstances and ask for flexibility on deadlines. Your union steward can also assist in advocating for reasonable accommodation under these circumstances.

Are age, distance, your partner's work schedule, or childcare responsibilities appropriate reasons for exemptions?

For some employees, disregarding or altering an existing telework agreement may give rise to a viable detrimental reliance argument, where employees have made arrangements based on their prior agreement and now are unable to change those arrangements or can only do so at personal cost. 
 
Consult with your union representative to consider if a grievance should be filed, what to expect and how it should be formulated.

If I had a previously approved exemption or alternate work arrangement, does it still apply with this new direction?

Unfortunately, it seems the employer is asking employees with previously agreed upon flexible arrangements to amend existing agreements to comply with the new direction. 
If you are in this situation, please consult with your union representative to consider if a grievance should be filed, what to expect, and how it should be formulated.

Taking Action

What happens if I don't comply with the mandate?

You could face discipline, especially if it’s not part of a concerted effort. That’s why workplace actions are so important right now. We need to build up momentum and get to a level of support where we can take stronger, united efforts across the country.  
 
In the meantime, sign petitions, wear union swag in the workplace, and get your local involved to take small actions in your workplace that will work up to bigger actions and help us to win this fight.

Could we strike over this issue?

A strike is possible down the road, but it depends where we are in the bargaining process. At this point, it’s far too early for that. A strike can only occur as part of the collective bargaining process for the renewal of the collective agreements and after members vote to strike. Negotiation for the renewal of our Treasury Board collective agreement will begin spring 2025. 
 
However, strikes aren’t the only way to achieve our goals. PSAC is currently working through other avenues to challenge this mandate like grievances, unfair labour practice complaints, and federal court challenges. It’s also important for all members to get mobilized and engaged to add pressure on the employer and to demonstrate the level of discontent they’ve created among their employees.

What can I do to fight back?

We know that #RemoteWorks. Together, let’s make sure the government knows we won’t back down. Take action now: 

• Sign the petition: Demand the repeal of the three-day in-office mandate. 
• Take our survey: Share how the mandate impacts your work and life.  
• File a grievance: Hold the government accountable for violating the telework agreement. 
• Use our digital tools: Show solidarity with virtual backgrounds, social media images, and #RemoteWorks posters. 
• Spread the word: Start a conversation on social media and encourage coworkers to take action, too.

Can you provide a template for emailing our MPs?

Sign the petition to demand the government repeal the three-day in-office mandate and move to the promised case-by-case framework for telework, rather than the one-size-fits-none model they have committed to. 
 
This action is automatically sent to your MP and Treasury Board President Anita Anand, and you can edit and customize the template letter if you choose.

Why aren’t we hearing more about the benefits of telework for taxpayers?

We have spoken about the benefits to taxpayers, including the lower costs and positive impacts on the environment, and we will continue to explore these benefits in the months ahead as we launch our national campaign on telework.  

Our campaign is backed by data and research on productivity, work-life balance, affordability, and the environment. PSAC and our union partners will leverage this powerful research to win this fight for members.

Where can I send my suggestions for arguments against the employer’s policy? 

We’re listening to all feedback. Please send any arguments or data you have to media@psac-afpc.com and we may be able to incorporate your information and insights into our national campaign strategy.

Can we display #RemoteWorks materials in the workplace?

PSAC members have a right to free expression and should be able to express support for their union within the workplace as long as it does not interfere with the employer's operations.  

Setting a virtual background is harmless and is akin to wearing a button in support of the union. Any demand that you remove a union background is a management overreach and could be worthy of a grievance.  

If you are in this situation, ask for any instructions from your manager in writing. Follow those instructions using the “obey now, grieve later" principle. Then, contact your union steward or local president and provide them with a copy of management's instructions. They can advise from there on next steps. 

Grievances

Under what circumstances can I file an individual grievance?

As part of our coordinated legal response, we are encouraging all affected members to put in grievances against the unilateral amendment of the Direction. Grievances should be filed for the following issues: 

• Where the amended Direction results in a member being arbitrarily required to work more days in the office; 
• Where a member has had an existing telework agreement disregarded or altered because of the Direction; 
• Where a member experiences additional adverse impacts because of their membership in a human rights-protected group; 
• Or, where a member has experienced losses or out-of-pocket costs because of the Direction.

How will these grievances make a difference?

The point of these grievances is to hold the employer accountable for arbitrarily amending the Direction and ignoring the principles for flexible working arrangements, as required by the management rights provision in the collective agreement and the Letter of Agreement on Telework. 
 
Tens of thousands of grievances do make a difference. When we’re in bargaining next round, these grievances will give us leverage because they provide many concrete examples of the way our members have been impacted. It’s not the only tactic, it’s one of many. But we need to use every tool available to us to win.

You can't grieve a policy, so why are you encouraging members to submit grievances?

You can grieve a policy, but there could be limitations on what you can bring to arbitration depending on the nature of the grievance. This is why PSAC negotiated for the creation of telework panels. The intent is for these panels to review an initial denial of a telework request and to provide useful recommendations before a final decision is made.

What are the options for members who do not meet the criteria for duty to accommodate or human rights grounds, and therefore wouldn't be eligible to submit a grievance?

Even if your grievance does not meet the criteria for duty to accommodate or human rights, it doesn’t mean that you aren’t eligible to file a grievance.  
 
For some employees, disregarding or altering an existing telework agreement may give rise to a viable detrimental reliance argument, where employees have made arrangements based on their prior agreement and now are unable to change those arrangements or can only do so at personal cost.  
 
In any case you can consult with your union representative to consider if a grievance should be filed and how it should be formulated.

Is there specific wording I can use for my individual grievance?

While grievances should be individualized to reflect the specific circumstances and concerns of individual members, the following template grievance language can be customized to address most cases. 
 
Remember, you should always go through your union when submitting a grievance. Contact your local and/or component for support from a steward or labour relations officer before proceeding. 

This is an individual grievance hereby filed pursuant to Section 208 of the Federal Public Sector Labour Relations Act. 

Details of the grievance:

I grieve the Employer’s conduct in amending the Direction on Prescribed Presence in the Workplace (the “Direction”) in violation of the collective agreement by:

• Amending and implementing the Direction in a manner which is unreasonable, arbitrary, and inconsistent with the principles for flexible working arrangements, in violation of the provisions of the applicable Collective Agreement, including but not limited to Article 6 of Collective Agreement, the Letter of Agreement on Telework, the Directive on Telework, as well as any other applicable provisions of the Collective Agreement, employer policies, or legislation;
   
• Amending and implementing the Direction in a discriminatory manner that has breached the employer’s duty to accommodate and has reduced accessibility, inclusiveness and equity in violation of my rights  protected by the Canadian Human Rights Act (“CHRA”) and [Article 19 of the Program and Administrative Services (PA), Operational Services (SV), Technical Services (TC), and Border Services (FB) agreements or Article 16 of the Education and Library Science (EB) agreement]; and
   
• Amending and implementing the Direction in a manner which in a manner which unreasonably and inappropriately departs from my existing telework/remote work arrangements and has caused me prejudice and hardship. 

How do I file a grievance?

Remember, you should always go through your union when submitting a grievance. Contact your local and/or component for support from a steward or labour relations officer before proceeding. Your local and your component union have the language already for filing grievances.

I’m worried about repercussions in my career for filing a grievance.

The purpose of a grievance is to address and resolve issues that affect your work environment or rights, and union members have protections against retaliation from the employer. 
 
It’s worth discussing your specific situation with a union representative, who can provide guidance on how to file a grievance while minimizing any potential risks. Remember, unions are there to support their members, and filing a grievance is a way to ensure that issues are addressed and resolved fairly. 
 
If you’re worried about career repercussions, you might also consider documenting your concerns and keeping records of any relevant communications or incidents. This can provide protection and help ensure that your grievance is taken seriously. 
 
Ultimately, standing up for your rights is important, and the union is there to help you through the process and support you.

Legal Actions

What is PSAC doing to fightback? 

Given the profound impact this decision has on workers, PSAC has taken immediate legal action to oppose the amendment of the Direction and its implementation on our members. 

• Unfair labour practice complaints: PSAC filed four different unfair labour practice complaints (against Treasury Board, CBSA, CRA, and Parks Canada) over the three-day in-office mandate.
  
  These complaints accuse the employer of bad faith bargaining and interfering with union representation, highlighting the disregard for the previously agreed Letter of Agreement on Telework.
  
  This process is still underway, with the union and employers responding to each other about the complaints.
   
• Policy grievances: We similarly filed several policy grievances challenging the arbitrary application of management rights and the discriminatory impact of the amendments, which now disadvantage members of human rights-protected groups.
  
  We're expecting a response from Treasury Board on this by the end of September, and the others will likely follow in short order.
   
• Federal Court application: We filed a Federal Court application on May 31 and the judge dismissed the employer’s motion to have the case thrown out on August 29. We are awaiting the scheduling of next steps in this court process, including the scheduling of a hearing date. 
   
• Guidance on filing individual grievances: As part of our coordinated legal response, we are encouraging all affected members to put in grievances against the unilateral amendment of the Direction.
  
  The point of these grievances is to hold the employer accountable for arbitrarily amending the Direction and ignoring the principles for flexible working arrangements, as required by the management rights provision in the collective agreement and the Letter of Agreement on Telework.

Joint Panels

What is the purpose of the joint panels?

Our Letter of Agreement on Telework commits the government to create joint panels in each federal department to provide recommendations to address any dissatisfaction with an employer decision following a telework request. They are meant to address telework complaints in each department — to look at them for each worker based on their unique situation.

What can I do if my telework agreement was altered because of the new mandate?

If you have an existing telework agreement that has been disregarded or altered because of the amendment of the Direction, this should be explicitly identified and grieved.  
 
For some employees, disregarding or altering an existing telework agreement may give rise to a viable detrimental reliance argument, where employees have made arrangements based on their prior agreement and now are unable to change those arrangements or can only do so at personal cost. 
 
While grievances should be individualized to reflect the specific circumstances and concerns of individual members, you may adapt and customize the template grievance language provided below.

Other

What if I have more questions?

For any additional questions or concerns, please contact your local executive or shop steward, your component, or PSAC regional office.