Date Issued: 12/02/2001
Revision Date: 06/06/2019
Purpose
A definite leave of absence is an unpaid leave of absence granted for various reasons. The employee granted a definite leave has the right to return to the same position he/she is on leave from. Some leaves are mandatory, and some are discretionary, as described in the policy.
The purpose of this policy is to provide assistance in applying the definite leave provisions set out in the following: The Public Service Regulations, 1999The Saskatchewan Employment Act the collective agreement in place between the Government of Saskatchewan and Saskatchewan Government and General Employees' Union (SGEU); and the collective agreement in place between the Government of Saskatchewan and the Canadian Union of Public Employees (CUPE) Local 600.
Policy
The permanent head (or designate) may recommend/grant a definite leave of absence.
Mandatory Definite Leaves
A definite leave shall be granted in situations involving:
- Maternity/Parental/Adoption1
- Prolonged illness2
- An employee who has requested and been approved a leave under the Deferred Salary Leave Plan (DSLP)
- An employee who is a member of the reserve force as defined in the National Defense Act (Canada) and is required for service
- Nomination, candidate and public office leave
- Compassionate care
- Critically ill child care
- Criticially ill adult care
- Crime-related child death or disappearance
- Interpersonal violence and sexual violence
See Appendix A for more detailed information.
- An employee must have completed 13 weeks of consecutive employment and make application at least four weeks in advance of the estimated leave commencement to be eligible for leave.
- Prior to granting an extension of a definite leave of absence related to a prolonged illness, the supervisor should contact his or her Human Resource Business Partner Team (HRBPT). The HRBPT will contact the SGEU Long term Disability (LTD) Plan advocate or the Plannera Disability Income Plan (DIP), as appropriate to confirm continued receipt of SGEU LTD or DIP benefits.
Discretionary Definite Leaves
Providing satisfactory arrangements can be made to accommodate the work, an eligible employee may be granted a discretionary leave of absence for a period up to one year with the possibility of an extension for one additional year (maximum two years total). Discretionary leave may also be requested to supplement leave provided under the mandatory provisions.
Examples of situations where discretionary leaves of absence may be considered include:
- Educational development
- Work-life balance (care for child, elder care, etc.)
- Personal interests (travel, hobbies, etc.)
- Community service
- Career development
- Spousal relocations
Permanent Heads (or designates) are encouraged to provide employees with the flexibility needed to pursue family, personal and developmental interests, promoting a healthy work/life balance.
For more information and examples where discretionary leaves are/are not commonly granted see Appendix B.
Consideration for Discretionary Leaves
When considering a request for discretionary leave, the following guidelines shall be applied consistently and fairly:
- Leave benefits both the employee and the organization.
- Leave is approved, used responsibly, is considered to be in the public interest, and does not constitute a conflict of interest in accordance with the Government of Saskatchewan's Conflict of Interest Guidelines.
- Leave supports the government's objectives of delivering quality services.
Conditions of Definite Leave
- Position cannot be staffed permanently - a permanent or probationary employee has access to the same position he or she is on leave from [except in accordance with Article 18.2.3 of the PS/SGEU collective bargaining agreement (involuntary transfer for an SGEU employee)]. In the case of a term employee, they will return to the same position they are on leave from, until the end of the term appointment.
- Employee has access to benefits while on leave (see Appendix C) and upon return from leave (see Appendix D)
- Employee has access to layoff provisions - If a permanent employee's job is abolished prior to his or her return from leave, he or she will be governed by the same layoff provisions as if he or she occupied the job at the time the job was abolished - refer to collective agreement(s) and/or The Public Service Regulations, 1999 for more information.
- If a permanent or probationary (full-time or part-time) employee is approved for a definite leave to accept a term/non-permanent position with the same employer, the employer may waive certain provisions regarding benefits (PS/SGEU Article 18.4 A) 5.; CUPE Article 21.08 f); The Public Service Regulations, 1999, s.70). The ministry's Human Resource Business Partner Team may be contacted for more information.
Procedures
Requesting/Extending a Definite Leave of Absence
Employee Responsibilities:
- Provide a written request to his or her immediate supervisor for the initial leave and for any extensions including reason for leave and supporting documentation, if required (eg. physician's statement supporting prolonged illness). Initial requests may be for periods of up to one year (unless mandatory provisions provide for a longer time period) with extensions requested after that.
- Provide appropriate notice to the employer in advance of the leave (notice period may vary depending upon circumstances).
- If the permanent or probationary (full-time or part-time) employee is approved for a definite leave to accept a term/non-permanent position with the same employer, and the employee wishes to request to continue to accrue paid vacation days rather than receiving vacation pay in lieu of paid vacation days, he or she completes the form in Appendix E, and submits it to his or her supervisor for consideration.
Ministry responsibilities:
- Approves/recommends/denies the request/extension (approval is granted if leave is mandatory) and the waiver of certain provisions regarding benefits (if applicable).
- Informs the employee of the decision.
- Forwards documentation to the Human Resource Service Centre (HRSC) for processing.
Human Resource Service Centre (HRSC) Responsibilities:
- Enters the employee's leave in MIDAS.
- Sends a letter to the employee providing him/her with benefits information including: Group Life Insurance and Disability Plan premiums; eligibility for Dental Plan coverage; eligibility for Extended Health Care benefits while on Leave of Absence; and information regarding benefits and pension contributions when returning from leave.
Authority
Resources and Tools
Policy Inquiries
For inquiries, please contact the Human Resource Service Centre.
