YG’s New Voluntary Severance Provision: What you NEED to know

yg severance provision graphic*New language has been added to the Collective Agreement between YEU/PSAC and the Government of Yukon. Article 19 Severance provides for voluntary early pay-out of severance pay under certain conditions.

It is important to remember this new provision is voluntary only – there is NO requirement to request an early payout of your severance. All other forms of severance such as the provision for layoff remain intact and are unchanged.

Severance is like a deferred long term savings plan. For every year you work you will have one week of pay set aside for when you retire. For employees who plan to work until they retire, the value of severance is 1 week of pay for each year of service, which is like having an additional 1.9% that is set aside annually for you by the employer.

The monetary “value” of severance varies considerably from person to person depending on years of service, your career plan, and the conditions under which you might expect to take severance pay.

Severance is intended to bridge your time between when you retire and when you get your first pension cheque or provide additional pay in the event you are laid off. There are occasions where several months elapse between the date of retirement and receipt of the first pension payment.

How will the new Voluntary Severance Pay-Out article work?

If you voluntarily take an early payout of your severance, the following applies:

  • You can only apply for it when you have at least 5 years of service
  • You can only take it in multiples of 5 year blocks
  • Early payout of severance means you will only be paid 50% of your regular entitlement. Rather than 1 week’s pay for each year worked, you will receive 1 week’s pay for each 2 years of service
  • Severance will be paid out at your current substantive rate of pay
  • There may be additional tax implications

If you voluntarily take an early payout of your severance and you are still employed, there may be additional tax payable. Any additional taxes will be your responsibility and will vary from person to person depending on your personal financial situation.

Another important factor to consider is you more than likely will be at a higher pay level when you retire. This means severance will be paid out at a higher level when you retire. 

*If you cash out early, you will continue to accrue severance, but like a savings account, once you withdraw severance, it is gone. It can’t be replaced or replenished over time.

*We recommend you do not access this provision unless you absolutely have to.


*For reference, the contract language is below
19.10 Severance Voluntary Pay-Out

A regular employee with at least five (5) years of continuous service may elect to have all or a portion of their accrued severance paid out prior to resignation or retirement, subject to the following conditions:

a)    Pay-out must be requested in five-year increments  (e.g. 5 years, 10 years, etc.)
b)    An employee may request a voluntary severance pay-out each time the employee accrues another five year increment of severance.
c)    Request for pay-out must be made by September 30 each year.
d)    Voluntary severance will be paid on the pay day falling immediately after November 1.
e)    An eligible employee is entitled to be paid by the employer severance pay equal to the product obtained by multiplying the employee’s weekly rate of pay by 1/2 by the number of full-time equivalent completed continuous years of service requested for pay-out to a maximum of 28 weeks.
f)    The number of years of voluntary severance paid out will be subtracted from remaining accrued balance of severance for the purposes of Article 19.
g)    An employee’s future earning and accrual of severance shall remain unaffected.

The Letter of Expectation: What Does it Mean?

Rob-Jones-Y010-President-2016

The fact finding meeting is over; you may never hear about the issue again, or the employer notifies you that they have come to a conclusion and you’re called for a follow up meeting.

During the meeting your supervisor reads out loud and presents a letter of expectation (LOE);  welcome to the performance management stream and the right of the employer to reaffirm the roles, responsibilities and accountability of your position within public service in Yukon.

Firstly, a letter of expectation is not discipline.  While it may feel like discipline (and trust me I know this feeling, having been through this process), it is not intended to be, nor is it a disciplinary action. 

A properly formatted letter of expectation should clearly outline the issues the employer has identified that need to be rectified, the changes they would like to see, the timeline for this change and the support and resources for assisting with process.

What happens after I receive this letter?

This is a shared responsibility; you as a public servant have been advised of your employment expectations and you should seek to meet the mark. It will feel like there is extra scrutiny on you and this is natural and actually accurate, but not in the “I’m gonna get you” way. 

After an LOE is delivered the employer is watching you, not to note your failure but to ensure your success.  It is incumbent on the employer to assist you in meeting the requirements of your position and the expectations that have been outlined. 

YTG (the employer) needs to provide access to support and resources to ensure you are successful.  Bear in mind  you are a big part of this success and it is incumbent on you to meet the requirements of your job contract with YTG. As the cliché goes it takes two to tango and for the most part you are the lead in the dance.

 How long does the LOE stay in my file?

As letters of expectation are not discipline they are not part of your file.  When it comes to your “file” you only have one and this is held at the Public Service Commission (you can make an appointment to see your file with PSC if you would like to review your public service employment file).  

Your LOE will be held by your supervisor and will not be in your “file” but will be kept for reference for the timeline provided in the letter.  An LOE will be deemed complete at your next PPP (Personal Performance Plan) provided the issues have been resolved and have not continued.  Now, if the behavior in the letter continues, this can open up the disciplinary stream (which I will cover in another post).  But we all know that this won’t be an issue……..right?

 A few other details….

 Letters of expectation do not always come from fact finding meetings. Employment behaviors can be noted and dealt with outside of fact finding meetings and delivered at the discretion of the employer.

  • Union representation is not required at the presentation of an LOE as they are not disciplinary, however, it is recommended by YTG that if it will be of benefit to the employee YEU representation can be in attendance.
  • As always, if there are questions or concerns call the YEU office at 667 2331 or call me directly at 334 4331, remembering there is a timeline for issues of approximately 20 days, so call early and get the answers.

 Yours in solidarity,

Rob Jones

rob jones

President, YEU Local Y010

 

 

Non-Profits & Yukon Employees’ Union: A Note from the President’s Desk

Steve new camera

 In the last few years YEU has seen a marked increase in the number of workers employed by non-profit groups who wish to organize their workplaces.
YEU does not have an organizing budget or organizing staff and we don’t go out into workplaces looking to organize them. Workers come to us looking for information, for support and assistance. Sometimes those organic internal organizing drives are successful and we sign a new bargaining unit and sometimes the workers aren’t interested or ready to unionize. Either way we’ve learned a lot from our new non-profit groups.

2015-Executive-Local-Y040

Teegatha’Oh Zheh Bargaining Team

It may seem a bit counter-intuitive to unionize a non-profit. After all, those who work in such organizations often choose to do so because the organization’s goals align closely with their own belief systems.  Few pursue a career in a field populated by non-profits and NGO’s because they expect to make a lot of money; that decision is usually driven by a deeply held conviction or interest. The truth is these organizations often have precarious budgets and suffer from lack of long term financial certainty.

So how on earth does bringing a union into the mix help a precariously funded not for profit organization? Well, there are lots of reasons to unionize and money isn’t always top of the list. In fact it’s almost never the main reason groups decide to organize.

Many of our new smaller units are governed by volunteer boards. A Board of Directors provides oversight and direction to an Executive Director (in some cases), who manages staff. The problems we see often stem from the challenges created when well-meaning directors attempt to make human resource, policy and management decisions without a background in human resources, policy development or NFP management. Decisions made for financial or ideological reasons can impact staff in ways that are unexpected and negative.

Inviting a union in helps to establish a structure that benefits all parties who contribute skill and energy to the function of the NFP. A well-crafted contract ensures the needs of workers and management are met, and roles and expectations are clear. It also creates a fair and predictable workplace – an enormous advantage in what is often an otherwise unpredictable environment. And a secure workplace means less turn over of staff, which is more economical.
Last weekend I attended a Talking Union Basics course. It was exciting to see so many people taking this union fundamentals course and especially rewarding to see members from our newer locals attending union training.

The one thing that stands out for me about our Union is that we are a truly democratic organization. That commitment to democracy is evident from the moment employees decide they want to organize and join YEU; a majority of workers must sign cards to be granted union certification with the federally regulated Canadian Industrial Relations Board. From that moment on,  decisions like what goes into their collective agreement, whether to accept or reject that collective agreement are in the workers’ hands.

 

I want to recognize the workers of Help & Hope for Families, Teegatha ’Oh Zeh and Skookum Jim Emergency After Hours Outreach Services for devoting endless hours to an organizing process that can feel extremely frustrating at times. To you and to those groups quietly working toward union certification, I say congratulations & welcome to YEU.

Steve Geick, President

Yukon Employees’ Union

Straight Talk: The Independent Medical Examination or IME

confidential report

If you have an illness, injury or disability that impacts your work temporarily or long term, you may require an accommodation, need extended leave and/or disability benefits. Accessing any of these requires documentation, including proof of your medical circumstances. If your employer requests an Independent Medical Examination or IME, there are a few things to know.

What is an IME?
An IME is an examination by a medical professional who does not have a therapeutic relationship with the patient. Often, the IME doctor is a specialist chosen by the employer, and there is a contractual obligation to provide a report to the Employer on their findings.

When is an IME requested?
Your employer may request information to determine that your illness or disability is genuine and the impact it will have on your attendance. As a last resort and where the Collective Agreement allows, your employer may require you to attend an Independent Medical Examination (IME) at their expense.

Why can’t I just provide a Doctor’s note?
Doctor’s notes that say “Can’t attend work for medical reasons” or “off work for 30 days” or “patient needs new supervisor” are not well received. The Union often hears of employees denied access to their sick leave benefits because their medical notes are seen as insufficient to prove they are or were unable to perform their duties because of illness or injury. Similarly, notes that reflect numerous restrictions may compromise the employer’s ability to accommodate the employee.

When a medical certificate is requested, it should confirm a bona fide medical condition, provide information about the nature of the condition, explain your prognosis as it relates to the workplace and your return to work, and list any restrictions or limitations on your ability to perform your duties. Ideally, your medical practitioner will provide objective medical evidence about your limitations as they relate to your job so that your employer can respond with a reasonable accommodation or help you access disability benefits.

Do I HAVE to provide an IME if they ask?
You can refuse to attend an IME, but this may result in delays returning to work or denial of sick leave and other benefits.

When an employee is dealing with multiple or chronic medical conditions, a mental health issue, a substance use issue, workplace conflict or when there is a mix of culpable and non-culpable behavior, it can be more difficult to identify the medical restrictions without breaching the employee’s privacy.

If you are asked to provide consent to the employer to speak with your doctor, you should preview the questions the employer wants to ask and limit your written consent to those questions. Do not consent to open questions such as “please explain…”. 

ASK QUESTIONS! Who will get to see my information? How will my information be used?

You are not obliged to consent to release medical information (medical/family history, test results, diagnosis) to your employer. You have the right to alter any consent form to protect your privacy. There are benefits to an IME, but also some important things to keep in mind to protect your rights and privacy:

Pros:
•Access to a specialist more quickly
•Comprehensive medical exam and report for your treatment provider
•Clarity around your medical condition, treatment and restrictions

Things to think about:
•An IME can be invasive and should only be requested as a last resort, where other appropriate medical queries have not resulted in sufficient information to explain ongoing absence or develop an accommodation.
•Many Collective Agreements oblige the employer to follow the recommendations in the report, which may not be consistent with your preferences.
•You are entitled to your privacy. Your employer does not have the right to information about your diagnosis, test results or your medical history.
•The employer does not have the right to share your medical information without your expressed, specific consent.

When medical issues affect you at work please contact us. Let us help you navigate the system and protect your rights.

A Little Straight Talk about Workplace Discipline

disciplineIn the context of employment, discipline is the employer’s corrective response to a workplace issue, usually related to your performance or behavior. While Employers have the right to discipline employees, there are a number of questions that must be asked and answered before an employee is sanctioned.

First, the employer must establish that you did something “wrong” or acted in a manner that warrants discipline. In most cases, you will be invited to an investigative meeting so that the facts of the matter can be established.  For most employees covered by a Collective Agreement, your right to representation by the Union starts here. Call us for representation.  While some employees choose to go through this step alone, it’s important to remember that if the right questions aren’t addressed at this stage, you may receive discipline that is either not warranted, or more than you deserve.

You have the right to know what you are being disciplined for, and to present your side of the story.

When discipline is being considered, there are a number of factors that the union will insist the employer examines including:

• Did the employee act willfully?
•Was the employee properly trained?
• Has the employee received previous discipline?
• Are there mitigating circumstances?

If the employee’s actions warrant discipline, the next question is “how much is enough?” The employer’s corrective response should match the employee’s actions; discipline is not intended to be punitive. The union will look at whether the amount of discipline is in line with the offence and whether discipline has been progressive.

Progressive discipline provides a graduated range of responses to employee performance or conduct problems. Disciplinary measures range from mild to severe, depending on the nature and frequency of the problem. It is important to keep in mind that your employer is not obliged to follow a specific path; some conduct warrants substantial discipline regardless of the employee’s prior history.

Sometimes it’s not clear whether you’re receiving discipline, or coaching, or a verbal warning. If you are in doubt, or you are called to a meeting that might lead to discipline, call us; 667-2331.

Straight Talk: Addiction & Accommodation at work.

addictDid you know that alcoholism and addiction are considered disabilities?

A seven year legal battle for two Ontario residents and a ruling by the Supreme Court of Canada set a legal precedent on what constitutes a disability under Human Rights legislation. Employees who suffer from an illness or injury that restricts or limits their ability to perform their duties are considered to be “disabled” under employment law; addictions and alcoholism are considered disabilities.

Under the Yukon Human Rights Act, an employer must accommodate disabled employees – this is the “duty to accommodate”.  The right to equality for persons with disabilities is entrenched in Human Rights legislation across Canada.   If an employee suffers from an addiction they may have access to a workplace accommodation while they are recovering.

We say may because the duty to accommodate usually follows disclosure by the employee. The employee may believe they suffer from an addiction but unless this is disclosed, it’s tough for the employer to know what supports are appropriate.

An accommodation can be anything from  altered  hours of work, time off to attend counseling or treatment or even modified duties.  It may mean working in a different position or location. The intent is to reduce or eliminate the risk of further injury or illness, to meet operational needs and to allow the individual to continue working while recovery takes place.

If an employer suspects a medical condition may be affecting an employee’s performance, they have a duty to inquire. This means they may ask the employee if there are any medical restrictions or limitations, or if they have a medical condition they should be aware of.  This isn’t an invasion of your privacy just for the sake of asking; if you are asked, it likely means your employers have noticed you are struggling.

What can you do if you believe addiction is affecting your ability to carry out your duties?  Ask for help! Talk to your family or friends, consult with your family physician and tap into your employee assistance program.

If you believe you need a workplace accommodation, ask YEU for a union representative to help you talk to your supervisor.  Some employers offer financial support to attend treatment programs, follow up counseling or other rehabilitative programs.  All employers have a legal duty to accommodate an employee to the point of undue hardship.

If you’re in doubt about your responsibilities and your rights as a disabled employee or if you have any questions please contact YEU and your human resource branch. There is confidential support available and all levels can work together to help.  For your protection, it makes sense to make sure you have union support when you approach your employer; we will be with you every step of the way.