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0814 - Leave Without Pay

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Contents

Reference

Public Service Act - Section 34 (6) Election candidates PDF

Public Service Regulations - Section 39, Leave without Pay PDF

Code of Conduct - Outside Employment, Service and Volunteer Activities

Entitlements for employees are contained in collective agreements and employee handbooks including:

Collective Agreement with the UNW
Article 12 – Time off for Union business
Article 21- Other Types of Leave (Without Pay)
Article 47 - Educational Leave (Without Pay)
Appendix A9 - College Educators

Collective Agreement with the NWTTA
Article 9.02(iv) - Time off for Association Business
Article 14.07(5)(c) - Medical Travel - Escort for orthodontic or elective medical treatment
Article 15 - Other Types of Leave (without pay)

Excluded Employees’ Handbook
Leave (without pay)
Education Leave (without pay)

Senior Managers’ Handbook
Leave (without pay)
Education Leave (without pay)

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Application

These guidelines and procedures apply to all employees, except those employed by the NWT Power Corporation.

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Guidelines

  1. Employees must submit requests for all leave without pay to their supervisor who will recommend such leave to the appropriate approval authority.
  2. The Deputy Head may approve leave without pay for employees with good performance appraisals and subject to the operational requirements of the Department or Agency.
  3. Depending on the reasons for the leave and the duration, employees may have to pay both the employee’s and the Employer's share of premiums and contributions.
  4. Employees seeking personal leave without pay for education purposes, to work for another employer, other benefit to the Territorial public service or to cover off time for the remainder of the school term must complete a return of service agreement.

Insufficient Leave Credits

  1. Leave without pay may be approved for up to eight weeks per fiscal year in exceptional circumstances if an employee does not have enough leave credits. Employees are expected to have used up their vacation leave entitlement before requesting leave without pay. However, there may be circumstances when the employee has already committed to using their vacation leave and requires some additional leave without pay. This leave would generally be supported by positive performance reviews.

Sick and Special Leave Without Pay

  1. When an employee does not have sufficient sick or special leave credits and no more can be advanced, sick leave without pay or special leave without pay will be approved, if leave would have been approved were it not for insufficient leave credits. For periods of sick leave without pay or special leave without pay greater than five days, employees may “cash in” vacation leave credits to avoid financial hardship.

Relocation of Spouse

  1. An employee on leave without pay for relocation of spouse will receive priority hire consideration on GNWT competitions during his/her period of leave without pay. The employee must apply on competitions and include the phrase, “Please note that I have job offer priority status as a result of my status as an employee on leave without pay for relocation of spouse,” on their application.

Leave to work for another employer

  1. Leave without pay may be approved for up to three years when an employee wants to take time off to work for another employer. The work being completed when working for another employer must be relevant to the employee’s Department or Agency and the Territorial public service. This leave would generally be supported by positive performance reviews. An agreement must be signed for return of service of equal duration of the leave approved.
  2. An eligible teacher applying for leave without pay to work for another employer must apply by March 15 of the year the leave starts.  If leave without pay is granted, the employee will return to work for the Employer for a period equal to the duration of the leave.
  3. Leave without pay to work for another employer, including the Canadian Forces Reserve, will only be granted in situations where the employee has requested and received prior approval from the Deputy Head for outside employment as required by the GNWT Code of Conduct.

Reservist Leave

  1. Prior to exercising leave without pay for service with the Reserves, all employees, subject to operational requirements, may choose to liquidate other suitable forms of leave provided to them under their respective Collective Agreement or employee Handbook.
  2. Leave without pay may be granted to employees who are members of the Canadian Forces Reserve (including the Canadian Rangers) to accommodate service with the Reserves.
    1. Training: Employees may be granted leave without pay for up to 15 days per fiscal year for training activities with the Canadian Forces Reserve.
    2. Operations: Employees may be granted leave without pay for service with the Canadian Forces Reserve for military operations other than training activities for the duration required to accommodate that service.
    3. Treatment and recovery: Employees may be granted leave without pay for the purposes of treatment, recovery or rehabilitation of a health problem that results from participation in a military or training activity with the Canada Forces Reserve if the employee does not have sufficient sick leave credits and no more can be advanced.
  3. Leave without pay for service with the Canadian Forces Reserve will only be granted to indeterminate and term employees who have been continuously employed by the Territorial public service for at least six months.
  4. Approval for leave without pay for service with the Canadian Forces Reserve will not be withheld unless granting the leave would constitute an undue hardship for the employing Department or Agency or pose a risk to public safety.
  5. An employee who requests reservist leave shall give his or her supervisor at least four weeks prior notice in writing of his or her intention to take a period of leave, including the date on which the requested leave begins and the anticipated date that it will end. Where this is not reasonable due to the circumstances of the military activity, the employee shall request leave at the earliest reasonable opportunity.
  6. If the anticipated end date of an employee’s approved period of reservist leave changes, the employee shall request approval for the new end date at the earliest reasonable opportunity.
  7. The Deputy Head may require that an employee requesting reservist leave provide proof of service from an official with the Canadian Forces Reserve before the leave is approved.

Classroom Teacher – Maternity/Parental Leave and School Year

  1. A classroom teacher may request personal leave without pay at the termination of maternity/parental leave to the nearest semester or other division of the academic year (e.g., school calendar break for Christmas) where the maternity/parental leave terminates before December 31 or to cover off the rest of the school term where maternity/parental leave terminates after December 31 if:
    1. the employee’s maternity/parental leave ends part way through a school term;
    2. a replacement employee has been hired to fill the position during the school term; and
    3. the employee requests the maternity/parental leave without pay prior to the start of the school term.
  2. An agreement must be signed for return of service of equal duration of the leave approved.
  3. Classroom teachers who request maternity/parental leave without pay will increase their return of service requirement equivalent to the maternity/parental leave without pay requested. Employees will not be required to start re-paying the sub plan until they return to service.

Benefit to the Public Service

  1. Leave without pay may be approved in other circumstances that may be of benefit to the Territorial public service. This leave would not exceed one year in length and would generally be supported by positive performance reviews. An agreement must be signed for return of service of equal duration of the leave approved.

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About this section

Authority: Financial Management Board

Effective Date: December 13, 2012

History:  January 2009, 814 – Leave Without Pay

Responsible Unit:  Policy

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