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.

Trans at Work; Dignity & Discrimination in Yukon

Trans-at-work-Dignity-&-Discrimination

This week we have seen discrimination at its ugliest, its most vile. We watched in horror as news broke from Orlando Florida of the hate-inspired murder of so many at a gay nightclub but this is only the most recent in a long list of attacks.  While we may try and label those as random acts committed by crazed killers, the truth is that systemic discrimination and inequality maintain an environment where such hatred can flourish. The fact that media is hesitant to call this a hate crime illustrates the pervasive discrimination this community consistently faces.

The Liberal Government has introduced legislation to protect transgender people from discrimination and hate crimes. The bill would amend the Canadian Human Rights Act, prohibiting discrimination on the basis of gender expression or identity. Prime Minister Trudeau stated “Far too many people still face harassment, discrimination and violence for being who they are. This is unacceptable”.

YEU has been working alongside our trans and gender non-conforming members, urging employers to ensure difference does not preclude employment, workplace safety or dignity. A system designed without thought for those outside the strict male/female binary ensures trans workers face discrimination at every stage of their employment journey.

Within the corporate structure of YG, workers regularly encounter incidental discrimination in the form of old policies, language and practices established before anyone considered inclusion as an objective. That type of discriminatory practice and language is not difficult to remedy, if the will exists.

From the moment an employee receives their offer of employment, they are forced into a system that makes all gender identities besides male and female invisible.  To accept a job with YG, individuals must log in through an online portal and select a gender from a drop down menu – the options are Male, Female and Unknown. For a worker who is clear in their gender identity, “Unknown” is an affront. This is gender-based, systemic discrimination.  Even the forms required to access medical leave or to request accommodation offer two gender options; male & female. In cases where a trans worker is seeking accommodation, the forms required for accommodation cannot be completed.

Some expressions of intolerance are more overt.  Trans or gender non-conforming workers are afraid to be themselves in the workplace for fear of bullying or jeopardizing career advancement.   The workplace culture permits supervisors to use their own personal discomfort with others’ gender presentation as a reason to restrict access to training, to promotion, to employment itself.   In strict gender dichotomous work-sites, the need to accommodate workers is seen as too great a burden and employees are at risk of being performance managed out of work. Of course other reasons are given officially, but it’s easy to see prejudice at play. A tranPULSE study from Ontario notes that 13% of transgender people report they have been “constructively dismissed” for being transgender.

Some employers are doing a better job. The City of Whitehorse has initiated required LGBTQI Welcoming Workplace training for all staff in an effort to create an equitable work environment and to ensure clients don’t experience discrimination when accessing City services.  Yukon College has taken steps as well through Transgender Remembrance services. Private employers like Starbucks have policies & literature educating employees on the sensitive use of pronouns, and are quick to act in support of a worker who faces discrimination from colleagues or a supervisor.

Until the Human Rights Act is amended to explicitly include gender identity and expression as protected grounds, trans and gender non-conforming Yukoners are covered under the protected grounds of sex.  Employers must respect that trans workers need to be in safe and appropriate work situations. Forcing them to identify gender at every step of their process, demanding doctor’s verification of gender identity, encroaching on dignity through intrusive and unnecessary procedural systems is a violation of the Human Rights Act.

Yukon Employees’ Union invites the Government of Yukon to act as a model employer. Create gender neutral washrooms and remove the need to identify gender. Entrench policies and procedures which recognize some workers are gender non-conforming, trans, inter-sex and 2 spirited. Work collaboratively with the trans community to identify where gaps exist and how best to bridge them.

Recognize that accommodation requests from trans employees are not intrinsically medical in nature and stop demanding medical certificates for non-medical issues. Acknowledge your responsibility to protect workers, no matter their gender identity, under the Human Rights Act.

Yukon Government is re-launching a diversity training program through the Yukon Women’s Directorate entitled GIDA, Gender Inclusive Diversity Analysis. The GIDA documents state “Good public policy works toward ending discrimination in Yukon society and creating a society that includes everyone.” Sadly the document refers to intersectionality & inclusion while only ever referencing women and men, boys and girls. There is not a single reference to trans or gender non-conforming individuals nor any mention of those who exist outside the binary. Even this training program, designed to help identify & eradicate discrimination, discriminates.

An authentic culture of inclusion will benefit our Yukon community far beyond the workplace doors. We challenge you to create a new standard of equality and inclusion to help diminish hatred and violence.

What is the Duty to Accommodate or How did THEY get that job?!

 

 

What is the “duty to accommodate”? Human rights legislation protects the right of all workers to be free from discrimination on the basis of a disability. In the workplace this means an employee has the right to be “accommodated” so they can continue to work despite restrictions or limitations.

Have you ever wondered how it’s possible for someone to be “appointed” to a position you thought or hoped you might get at work? Was there an opening coming up, a possible promotion or new challenge you wanted to take a shot at, only to find the position filled without a competition being run? It may have been an “accommodation”.

What is an accommodation?  Simply, in terms of a worker with a disability, an accommodation is an adjustment to the employee’s job, duties, workstation, tools, schedule or hours that allows the worker to maintain employment. It is an employer’s duty to accommodate an individual suffering from an illness, injury or disability which might make it impossible for them to perform some or all the duties of their substantive position.

What is an accommodation NOT? An accommodation is NOT a handout. It’s not favoritism, it’s not an abuse of the system and it’s not cheating. It’s not something being done TO the co-workers of the accommodated worker and it’s not something done in conflict with the Union. Everyone at the workplace has a responsibility to support an accommodation.

In a unionized workplace, the employee, union and employer have duties and responsibilities in the accommodation process. The employer has a duty to inquire when there is a reason to believe the employee may have a disability. This duty may be triggered by changes in behaviour, performance or attendance. The employee has a duty to disclose that they have a disability that may need an accommodation, and to provide sufficient medical evidence on their restrictions and limitations to support the process. The union has a duty to support accommodations; they may need to authorize adjustments to hours of work or exemptions from the usual hiring practices.

What is the role of co-workers in an accommodation? Union members are obliged to treat their co-workers with respect and to cooperate with accommodation efforts in their workplaces. While it can sometimes appear someone has been given preferential treatment in terms of duties, equipment, flexibility or exemption from competition, it’s important to understand there may be an accommodation in place. A work environment with supportive and accepting colleagues helps disabled workers feel safe. It’s also important to remember that co-workers are not owed full disclosure about an accommodated workers’ medical condition or issues. All workers can expect their privacy to be respected.

A successful accommodation requires the active participation of the employee; they are obliged to maintain communication with their doctor, employer, disability manager and union.  The employee must accept that the accommodation will be imperfect; a role will be found which suits their skills and knowledge as closely as possible.

Experienced workers provide enormous value to any workplace; they hold tremendous corporate memory and organizational intelligence. Workers with disabilities, injuries, addiction or illnesses do not cease being valuable when they face personal challenges. When you think about it, it’s good to know that accommodations will be made for you, should you need them.

Auxiliary on Call; a Tough Gig

It sounds great;  work when you want & take time off when you need it – plenty of flexibility and the freedom to make work fit your life. It’s a great arrangement for some, but working as an Auxilliary-On-Call or AOC for the Yukon Government can be tough and unpredictable.
Over 700 men and women work in uncertain positions across all departments of YG. Their schedules and lives are governed by the telephone; they often don’t know if they’ll be on duty from one day to the next. With no way to predict work schedules, family life and sleep patterns are often disrupted. Many AOC’s work in justice and health care and the shifts can come at odds with a regular work rotation. It’s not uncommon to finish a night shift, sleep a few hours and be called in for a day shift the next morning, followed by a few hours’ sleep then another night shift.
When AOC’s are posted into longer term positions, they work alongside permanent YG employees, but don’t enjoy the benefits or advantages of regular employment. There is no sick leave for AOC’s, and vacation pay is added to each paycheque. That means the extra pay is usually absorbed into the costs of living, and time off work means living without a paycheque.
Medical and Dental coverage is very different; unlike regular employees, AOC’s are paid a flat sum twice a year based on hours worked as a contribution toward their extended health care costs. That means that while a regular employee can submit receipts for orthodontia, physio or glasses and receive reimbursement, an AOC must absorb those costs; the twice yearly payment is not a reimbursement. There’s a big difference at the pharmacy counter as well; the cost of prescriptions isn’t covered as it is for other YG employees.
For many AOC’s there’s the added challenge of always being the new kid on the block, learning the rhythm of new colleagues and new team dynamics each time you go to work.
AOC’s fill an important role in government workplaces, providing on-call relief when employees call in sick or must take unplanned leave. Though terms should be hired when there are longer leaves planned, AOC’s are more and more frequently being called on to backfill positions of many months’ duration. While the work and regular pay is welcomed, the inequities between AOC and regular employee benefits becomes more noticeable in these longer posts.
YEU is committed to making sure Auxiliary workers aren’t being misused in positions that should be filled by regular or term employees. LOU “S” in the new CA ensures the employer and union will meet every 6 months to monitor YG’s use of AOC’s. Where possible we want to encourage YG to hire more regular employees to fill the gaps AOC’s now fill.