If you have additional questions, consult the Directive, your Governing Council members, or contact us at: wfa-re@ajc-ajj.ca.
Alternation allows an Opting or Surplus employee to exchange positions with an unaffected employee who wishes to leave the core public administration and accept a TSM (Option B) or Education Allowance (Option C). The Alternation must occur within the 120-day opting period or 12-month surplus period under Option A. The date of Alternation must be specified, and employees must exchange positions on that same day.
If an unaffected employee alternates, they can only select Option B or C(i). If alternation is during Surplus A period, alternate’s TSM will be reduced by 1 week for each completed week between beginning of employee surplus period and date of alternation.
Please refer to section 6.3 Alternation of the WFAD.
If an employee receives an Opting letter from the department notifying them that their services are no longer required and that they are not guaranteed a position or continued employment, they have 120 days to pick one of three options:
- Option A: 12 Month Surplus Period to Secure a Reasonable Job Offer (RJO)
- Option B: Transitional Support Measure (TSM)
- Option C: Educational Allowance
Option A: What is the 12 Month Surplus Priority List?
An Opting employee who chooses Option A, will receive a letter giving them surplus priority rights for appointment to other positions in the Core Public Administration for 12 months; effectively allowing them to be considered ahead of unaffected employees for open positions. During this period, they have 12 months to find a reasonable job offer or else they will be laid-off. They would be entitled to the following:
- qualify for a pension Waiver if they are 55-59 years of age with at least 10 years of service;
- receive pay in lieu of unfulfilled surplus period for a surplus employee who offers to resign before the end of the 12-month surplus period;
- receive a lump-sum payment equal to the surplus regular pay for the balance of the surplus period, up to a maximum of 6 months (the amount cannot exceed the maximum that would have been received under Option B).
When choosing this option, the employee discontinues working as of the resignation day and is considered to have been laid-off for purposes of severance pay entitlement.
Option B: What is the Transition Support Measure (TSM)?
When choosing this option, the employee receives a taxable cash payment based on years of service in the Public Service.
Under this option, the Employee:
- resigns and receives a lump-sum amount ranging from 4 to 52 weeks salary.
- is considered laid-off for severance pay purposes;
- is entitled to $1,200 for financial and job placement counselling services;
- relinquishes any priority rights for reappointment;
- receives a pension waiver if 55-59 years of age with at least 10 years of service (not in receipt of a reasonable job offer (RJO) and is laid-off)
With this option, the employee receives a pension waiver allowing the employee to receive an unreduced pension provided they are at least 55 years old and have at least 10 years of service.
Information on exact TSM payments in weeks’ pay by year of service can be found in the WFAD (Appendix C).
Option C: What is the Educational Allowance?
When choosing this option, the employee receives a cash payment equivalent to Option B plus reimbursement of up to $17,000 as an Educational Allowance for receipted expenses for tuition fees, costs of books and relevant equipment.
The Employee effectively resigns and receives a lump-sum amount ranging from 4 to 52 weeks salary and $1,200 for financial and job placement counselling services in exchange for pursuing this option. In turn, the employee relinquishes any priority rights for reappointment and is considered to have been laid-off for purposes of severance pay entitlement.
When picking this option, the employee has the option of taking Leave Without Pay (LWOP) for up to two years to study.
If no proof of registration is provided within 12 months, resignation is assumed and considered a laid-off for severance pay purposes.
At the end of the 2 years, the employee is laid off unless alternate employment is found and during this time, the employee remains on the lay-off priority status for 12 months.
An Opting employee is an indeterminate employee who does not receive a GRJO. In writing, they are offered three options under Section 6.4 of the WFAD. The employee must select one of the options in writing within 120 days of notification. Once one of the options is picked and submitted in writing, the employee cannot change their option.
If no option is selected, Option A is deemed selected by default.
If a reasonable job offer (not requiring relocation) is made before the employee selects an option, they become ineligible for Options A, B, or C.
You may find details on the three options in the WFAD key elements flowchart (Appendix D).
An indeterminate employee is declared a Surplus employee when their position is being eliminated and they are eligible for a GRJO. In such instances, the employee will be placed on Surplus Priority Status allowing them to be appointed to other positions within the public service until:
- They accept or refuse a reasonable job offer,
- Are laid off, or
- Resign.
Details and consequences of job offer decisions are provided in Appendix D of the WFAD.
Deputy heads are responsible for identifying which positions are considered Affected, based on organizational needs. They have the authority to determine the merit criteria, evaluate positions and essential qualifications to decide which roles will be retained and which will be affected, in alignment with both current and anticipated operational and organizational needs, as well as the broader requirements of the public service. This process may taken weeks to years before it is complete and an employee notified of their Official Status.
WFA exercises are focused on positions and the nature of the work performed—not on the individuals occupying those roles. As a result, it is common for all employees performing similar duties within the same team to be affected by the WFA.
After receiving the initial Notification of Affected Status letter, the department will review the status of each affected employee and determine whether the employee will remain on Affected Status or not. After the review, the employee will receive an Official Notification of WFA Status letter. The letter will outline which of the possible scenarios applies to the employee:
- DECLARED SURPLUS – the department will notify the employee that their position is eliminated and will be declared Surplus with the Guarantee of a Reasonable Job Offer (GRJO);
- DECLARED AN OPTING EMPLOYEE (NO GRJO) – the department will notify the employee that their position is eliminated and they are declared an Opting employee, where they will have 120 days to choose one of the three options found in Appendix D of the WFAD; or
- DECLARED UNAFFECTED - the department has decided the employee is no longer affected and that they will be retained within the public service either in their current or new position.
After the Volunteer Departure Programs, a Selection of Employees for Retention and Lay-off (SERLO) process is one of the ways in which the department can select employees for retention or lay-off based on merit, in line with organizational requirements in a WFA situation. The process is outlined in the Public Service Commission’s Guide on the Selection of Employees for Retention and Lay-off.
Departments may offer Voluntary Departure Programs to mitigate WFA impacts. These allow employees to express interest in being laid off (only if no Guarantee of a reasonable job offer (GRJO) is available). It is at the discretion of management to accept an expression of interest to volunteer.
For WFA situations involving five (5) or more affected employees in the same group, level, and work unit, departments are required to establish Voluntary Departure Programs. Employees will have at least 30 calendar days to decide whether they wish to participate.
To learn more about these programs, including the benefits and consequences of participation, please refer to Sections 6.4.1 (B), (C)(i), and (C)(ii) of the Directive.
Receiving a Notification of Affected Status means that the department has initiated a WFA process and has identified the position as potentially impacted in accordance with the WFAD.
However, this does not mean the employee will automatically be declared Surplus or an Opting employee. It signals that the department is conducting further analysis of the work unit to determine how they can address the workforce adjustment situation.
Affected employees should continue performing their duties.
The department will review the status of each affected employee annually, or earlier, from the date of initial notification of affected status and determine whether the employee will remain on affected status or not. After the review, the employee will receive an Official Notification of WFA Status letter. In the meantime, the employee may be asked to participate in a Selection of Employees for Retention and Lay-off (SERLO) process or Voluntary Departure Program.