Section 702.2: Guidelines for Leaves of Absence Due to Pressing Necessity and Personal/Family Responsibilities

Date Issued: 12/09/1986
Revision Date: 07/01/2021

Summary

1. What is the Purpose of this Document?
   The provisions of collective agreements on the matter of leave of absence for pressing necessity and personal/family responsibilities take precedence over this document. Where the collective agreement is silent, or where it does not apply to the employee requesting such leave, the Regulations under The Public Service Act take precedence.

2. What is the Relationship of Leave for Pressing Necessity and Personal/Family Responsibilities to Sick Leave?
   When with pay for pressing necessity and personal/family responsibilities is granted by the supervisor it is a direct charge against the employee's sick leave credits. An employee may request an advance of three (3) days pressing necessity/personal/family responsibility leave credits to be drawn against future sick leave entitlements.

   In a case where the employee has no sick leave credits and no advance of credits is desired, leave for pressing necessity and personal/family responsibilities with pay cannot be granted. Such leave, if approved by the immediate supervisor, will be without pay. The employee would have the option to charge the absence to some other form of leave, i.e., vacation leave, banked EDO's or SDO's.

3. In What Circumstances is Leave for Pressing Necessity Commonly Granted?
   Leave for pressing necessity is commonly granted in the following instances:
   • Death in the employee's immediate or extended family.
   • Attendance at the funeral of a non family member.
   • Emergency sickness or grave illness in the employee's immediate family or household.
   • Parental/Adoption leave.
   • Addiction Treatment of child or spouse.
4. In What Circumstances is Leave for Personal/Family Responsibilities Commonly Granted?
   Refer to the section titled "Detail: Personal/Family Responsibilities".
5. Definitions
   • Immediate family is defined as the employee's: spouse, common-law spouse, same sex partner, son, son-in-law, daughter, daughter-in-law, father, father-in-law, mother, mother-in-law, brother, sister, grandchild and grandparent, any relative permanently residing in the employee's household or with whom the employee resides, a person who the employee considers is equivalent to being a member of their immediate family, or any other person on approval of the supervisor.
   • Extended family is defined as the employee's: first cousin, aunt, uncle, niece and nephew, brother-in-law, sister-in-law, grandparent-in-law, a person who the employee considers in equivalent to being a member of their extended family, or any other person on the approval of the supervisor.
6. Personal/Family Leave:
   • Family refers to situations involving immediate and extended family, as defined above.
   • Personal refers to situations where non-family members are involved OR where there are no other individuals involved.

Pressing Necessity

1. Death in the Employee's Family

   When a member of the employee's immediate family dies, the employee may request leave of absence for reasons of pressing necessity. The period of leave shall include those working days from the day of the death to and including the day following the funeral. This grieving period may be extended by the supervisor in order to accommodate the religious/cultural beliefs of the employee or if circumstances warrant.

   Where a member of the extended family dies, the employee may request leave of absence for pressing necessity. The period of leave shall normally be for the day of the funeral.

   • Time for Travel Related to a Death
     Where an employee requests leave for pressing necessity to attend the funeral of a family member and such attendance entails travel, the employee may request a maximum two (2) additional days of leave for such travel, where distances/circumstances warrant.
   • While on Approved Vacation Leave
     Employees on approved vacation leave will be eligible for pressing necessity in the event of a death in the employee's immediate or extended family.
2. Attendance at the Funeral of a Non Family Member

   An employee may request leave to attend the funeral of a non-family member. Where the period of leave sought is for less than one half (1/2) working day, such an arrangement may be agreed to locally between the employee and the immediate supervisor where operational requirements permit. Such absence will be with pay and with no deductions from leave credits. Where, however, the employee requests a longer period of leave citing pressing necessity, such leave should only be granted where circumstances warrant (e.g. special responsibilities related to the funeral, the deceased was a long time friend or co-worker).

3. Sickness or Grave Illness in the Employee's Immediate Family

   Requests for pressing necessity to provide emergent elder, spousal, or child care during illness may be granted to a maximum of three (3) days. Where a member of the employee's immediate family is gravely ill, leave for pressing necessity up to a maximum of five (5) working days may be granted.

4. Parental/Adoption Leaves

   In the case of the birth of a child, parental leave of one (1) working day, to be taken on the day of the birth, will be granted on request. In the case of an adoption, one (1) working day, to be taken on the day the family receives the child, will be granted on request. See HR manual under Parental/Adoption leave for more details regarding leave options.

5. Addiction Treatment Support for a Spouse or Child

   Where an employee's spouse or child is receiving treatment for addiction and the employee is required to be involved in the treatment during work hours, the employee may be granted pressing necessity to a maximum of five (5) days. The employee must submit the request for leave and have it approved by their manager/supervisor. Confidentiality will be maintained to the highest degree possible.

6. Other Pressing Necessity Circumstances

   While difficult to define, such circumstances are characterized by adverse circumstances over which the employee has little or no advance warning or control, e.g. fire, flood, severe blizzard, household emergencies, etc. Leave granted may vary depending on circumstances up to a maximum of two (2) working days.

   Where the employee chooses to live in a location away from the headquarters area, eligibility for leave for pressing necessity in respect to weather conditions regarding travel shall be based on the weather conditions prevailing where the employee is headquartered.

Personal/Family Responsibilities

The employer recognizes that work is one element of life and that employees need a healthy work-life balance. In turn, employees recognize the need to ensure the delivery of quality services to the public and the operational requirements attached to that goal.

There are genuine circumstances, both predictable and unforeseen, that require an employee to meet and carry out a personal or family responsibility which may require the employee to be absent from work for a short period of time. These include those matters where the employee has an obligation or duty and where the employee may be held accountable or answerable in some manner if the obligation is not met. This would typically involve situations where there is a significant event or circumstance and it would be reasonable to conclude that the employees presence is required. It does not include purely discretionary personal or family matters that can be addressed through other mechanisms, such as SDO/EDO, or vacation leave. Up to five (5) days per fiscal year can be used for personal/family responsibilities.

Unless there are unusual circumstances, leave for personal/family responsibilities should be utilized one day at a time. Personal/family leave may be used to supplement other forms of leave. For example, parental/adoption leave may be utilized by a person on the day of the birth of their child and personal/family leave may additionally be utilized to care for children at home during the mother's stay in hospital.

People who work shift work and those who do not usually have weekends off may need special consideration for personal/family responsibility leave due to the nature of their work assignment (this may include approval of leave for situations where other staff would not normally be granted leave).

Policy Inquiries

For inquiries, please contact the Human Resource Service Centre.