What does it mean to be an opting employee?

An opting employee is a surplus employee who has 120 days to choose one of the options under 6.4.1 of the WFA Appendix. Those options are: (a) 12-month surplus status, (b) resignation with the transition support measure, or (c) education allowance plus the transition support measure.

When does the 120-day opting period start and end?  

The 120-day period begins on the date of receipt of the letter notifying the employee that they are deemed an Opting employee. 

It does not begin from the notice of affected status letter; the employee must further be notified whether they will be deemed Opting or given a Guarantee of a Reasonable Job Offer. Only after the notification of opting status does the 120-calendar day period start.

What are the options available?

Opting employees have the following options:

1. Surplus with surplus priority status for 12* months: During this period, their department is required to try to find them a job. If they don’t receive a reasonable job offer (see definition below) within that period, they will be laid off.
   
   *Note: This can be up to 16 months, as an employee may request that any time remaining in the opting period be added to the 12-month surplus priority period.
   
   
2. Transition support measure: Employees receive a cash payment based on their years of service (as outlined in Annex B of the WFA Appendix) but must resign without priority rights.
   
   
3. Education allowance: Employees receive the transition support measure payment, along with up to $17,000 for reimbursement of receipted educational expenses. They have the option of taking the education allowance in one of two ways:
   
   a. Resign (but considered laid off for severance purposes), or
   
   b. Take a two-year leave without pay while attending the educational institution.

Further details on each of these three options are provided below.

All opting employees are entitled to $1,200 for counseling services related to their potential re-employment or retirement.

Can I change my mind after choosing an option?

Once you submit your choice in writing to your manager, you cannot change it. For this reason, members should take advantage of the counselling provided and consider all options carefully before making a choice.

What happens if I don’t choose an option by the deadline?

If you fail to communicate your choice within the 120-day timeframe, you will be deemed to have selected option 6.4.1a, and be placed on the surplus priority list for a period of 12 months for staffing purposes, after which you will be laid off if no employment has been secured.

If you haven’t yet submitted your choice in writing and ayou are given a reasonable job offer that does not require relocation, the options will no longer be available to you.

If I choose one of the options and I resign or am laid off, can I return to the public service later?

Yes, you may return if you find a job in the public service. However, if you chose option B or C, you may have to pay back some of your transition support measure or education allowance, depending on when you return. The WFA Appendix states that a person who has received pay in lieu of an unfulfilled surplus period, the transition support measure, or education allowance and is reappointed to the public service must reimburse the government the amount of the payment from the date of reappointment until the end of the original period for which it was paid (6.4.7). If you cannot get reimbursed for a receipted education expense, you will not have to repay that amount (6.4.8).

For example: Employee A with 15 years of service chooses option B and their TSM is 50 weeks of pay (as per Annex B). Thirty weeks later, they find a job in the public service and return. In this case they would need to pay back 20 weeks of their lump sum.

Option A: Surplus Priority List

What does it mean to have surplus priority status? 

Having surplus priority status means that, for any job for which you meet the essential merit criteria, your candidacy is identified to the hiring manager through the priority list, and you are entitled to the position above all other non-priority candidates.

In the event of multiple qualified priority candidates, further assessment may be conducted for selection. In order to be in the government-wide Priority Information Management System (PIMS), you must complete the process provided by the employer.

While this process is automated, you still share responsibility in locating suitable work and bringing to the attention of the priority list managers job opportunities that you would like to be considered for.  It is highly recommended that you actively seek a new job and market yourself for job opportunities as they arise.

If I find a job elsewhere in the government, can I take it? If I find the job while I am in surplus, can I take it? 

If you believe you have a suitable alternative job available, for example through a qualified pool, you could choose option 1 (6.4.1a) and pursue the employment opportunity with surplus priority status. However, you should be cautious about any informal or verbal commitment and seek appropriate counselling before making your decision. The employer is obligated to provide counselling under the provisions of WFA policy. 

You are removed from the priority list as soon as you find alternative work, whether it arises from the priority list, a pool you freely qualified in, or any other deployment.

Do I have to accept any job that is offered to me?

The WFA Appendix defines a “reasonable job offer (RJO) as a job that is:

• indeterminate and within the core public administration.
  
  
• normally at an equivalent level, but which could include lower levels  (salary-protected with priority for a job at your former level).
  
  
• “where practicable” shall be within the employee’s headquarters as defined in the Travel Directive.
  
  
• It can also include a job at a separate agency as long as the salary is not lower and there is a seamless transfer of all employee benefits and years of service. (Separate agencies are listed under Schedule V of the Financial Administration Act).

If needed, retraining may be provided. You do not have to accept an RJO, but if you refuse, you will be laid off. They layoff will occur one month after the job refusal, but not before six months since the surplus declaration date.

If you are laid off, you will have lay-off priority for one year and will receive severance pay at the layoff rate. You will not have access to any of the options (transition support measure or education allowance) nor a pension waiver.

What happens if I refuse a job offer?

If a surplus employee refuses a reasonable job offer, they may be laid off one month after the refusal, but not before six months have elapsed since the surplus declaration date.

If you are laid off, you will have layoff priority for one year and will receive severance pay at the layoff rate. You will not have access to any of the options (transition support measure or education allowance) or a pension waiver.

Option B: Transition Support Measure

How is the amount of my transition support measure (TSM) calculated? Is it in addition to severance?  

The WFA Appendix (Appendix D of the Collective Agreement), Annex B, provides the years of service calculations for TSM.  

Article 66 provides a calculation of severance in the event of layoff and is in addition to your TSM payment. Note: severance pay also includes that under Appendix L, which does not apply to all employees. Review Appendix L for more information. 

You are also entitled to a payout of any vacation balance outstanding in your account, prorated to the month of your termination.

When will I receive my TSM payment?  

TSM is issued no sooner than the effective date of the employee’s notice of resignation and can be paid in one or two lump sums over a maximum two-year period (Appendix D, 6.4.1b). 

Option C: Education Allowance

What can I use the Education Allowance for?

The Education allowance is an amount up to $17,000 for reimbursement of expenses for tuition from a recognized learning institution and costs of books and relevant equipment.

The collective agreement does not limit the tuition reimbursement to specific institutions or types of study. There are no limits on what you can study as long it is at a recognized educational institution, such as a college or university. It can also be used for multiple programs. You must provide receipts to be reimbursed.

What is the difference between Options C(i) and C(ii)?

In both cases, the employee receives the Transition Support Measure (TSM) and education allowance. However, the differences are as follows:

In Option C(i), an employee:

• resigns from the public service
  
  
• is considered laid off for severance purposes (meaning they receive severance pay in addition to the TSM)
  
  
• relinquishes any priority rights for reappointment upon the Employer’s acceptance of their resignation

In Option C(ii) an employee:

• delays their departure date and goes on leave without pay (LWOP) for a maximum period of two years while attending the learning institution
  
  
• can receive the TSM in one or two lump-sum amounts over a maximum two-year period
  
  
• can opt to continue in the public service benefit plans and pension (must contribute both employer and employee shares of those plans)

• will be laid off at the end of the two-year LWOP (with one-year layoff priority status), unless they have found alternative employment in the core public administration
  
  Note: Employees choosing Option 6.4.1(c)(ii) must provide their department with proof of registration from a learning institution within 12 months after starting their LWOP. If they do not, they will be deemed to have resigned (and considered laid off for purposes of severance pay).