Question Period Note: Other Leave With Pay (699)

How has ‘Other Leave With Pay (699)’ been used in response to the COVID-19 pandemic?

•Initial guidance from March 2020 on the use of ‘Other Leave With Pay (699)’ addressed issues faced by employees as a result of the containment measures imposed at the onset of the COVID-19 pandemic.
•The most recent guidance came into effect on November 15, 2021, and is informed by the need to adjust to changing and long-term circumstances (such as Canada’s progress in vaccinating its population and in implementing effective public health measures), including the Policy on COVID-19 Vaccination for the Core Public Administration including the Royal Canadian Mounted Police.
•‘Other Leave With Pay (699)’ will only be available under exceptional circumstances and for temporary use, and only where existing provisions of the applicable collective agreement or terms and conditions of employment do not apply to the situation.
•The government continues to monitor ‘Other Leave With Pay (699)’ usage to ensure sound stewardship, and the health and safety of employees.

‘Other Leave With Pay (699)’ has been made available to federal public service employees who have been unable to work their full hours as a result of the pandemic. Its use dates back to the 1962 Civil Service Regulations, and has always been intended for situations not already covered by other types of leave and where employees are unable to report to work for reasons beyond their control.

A special working group was formed with bargaining agents to consult on clarifications to ‘Other Leave With Pay (699)’. Guidance came into effect on November 9, 2020 that clarified its use while respecting collective agreements. Cases were reviewed regularly by managers, and departments were instructed to carefully consider each case to mitigate negative impacts upon women, parents and members of other vulnerable segments of our workforce.

The latest guidance came into effect on November 15, 2021, and strikes an important balance that keeps in mind our collective responsibilities to Canadians for sound stewardship and the need to adjust to changing and long-term circumstances (such as Canada’s progress in vaccinating its population and in implementing effective public health measures, including widely available COVID-19 vaccines and rapid tests), including the Policy on COVID-19 Vaccination for the Core Public Administration including the Royal Canadian Mounted Police.

The Employer has returned to the standard application of the provisions of the collective agreements and terms and conditions of employment. With this latest guidance, departments must now manage requests for this leave through the departmental processes that were available pre-pandemic. That is, if an employee requests an accommodation, one which triggers the legal duty to accommodate, the Employer must attempt to find an acceptable accommodation up to the point of undue hardship.

Employees may still be eligible for ‘Other Leave With Pay (699)’ if:
•They require time off to get tested
•Their work requires them to be onsite, and
oremote work is not possible, and
oThey have been instructed to isolate or quarantine by a medical practitioner or public health authority

‘Other Leave With Pay (699)’ will not be available if employees have travelled for personal reasons and are required to isolate or quarantine.

Our data shows that public servants primarily accessed this leave in the early weeks of the pandemic, based on individual need and organizational requirements. In the last months, based on data available up to July 31, 2021, there has been a significant and steady decline in usage.

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