WFA: Frequently Asked Questions

We know members have many questions about workforce adjustment (WFA). 

 

You can find the slides from our WFA presentation here>>  Many more questions are answered on our webpage or in the FAQs produced by PSAC. 

 

You can find Appendix D on Workforce Adjustment in your Collective Agreement.

 

All questions about your individual situation should be addressed to the employer. Contact your direct manager or email [email protected] for support.

 

General

 

How many employees at IRCC have been affected by WFA?  

Roughly 1200 indeterminate employees will be impacted by the 3-year reduction strategy, according to the department. Affected status does not necessarily equal job loss. Approximately 660 indeterminate employees are targeted for job loss.  

This number does not include other types of employees, including terms, casuals, or students not being renewed.  

 

When will I find out if I have been affected by WFA?  

All affected members should have received their letter of affected status by February 20, 2025.  

If you are notified after February 20th, bring your letter to your local union for review. Find your local union here >>>  

 

How were the decisions about who was affected made? 

Please direct questions about the decision-making process to the employer. 

The employer continues to confirm that decisions were not performance-based, but based on particular program cuts. 

 

Does WFA apply to term employees? What options do term employees have? 

Term employees are not covered by Workforce Adjustment, Appendix D of the Collective Agreement.  

Provisions related to term employment, including conversion to indeterminate and notice periods for contract renewal or termination, are not covered by the collective agreement. 

Term employees have the right to representation on all other matters governed by the collective agreement, for the duration of their term contract.  

 

Specific Situations

 

What happens if I am on leave or was set to go on leave soon 

Any approved leave remains approved unless otherwise communicated by your manager. See the relevant article of the collective agreement pertaining to your leave, to understand how and when management may cancel an approved leave. 

Employees on paid or unpaid leave are under no greater or lesser risk of being given an affected status notice under the WFA policy. However, being on leave could mean that management fails to properly notify you, or maintain communication with you throughout the process, which could give rise to legitimate complaints against the employer. Consult your union steward if you feel management has failed to meet its notice obligations under the WFA appendix 

 

What happens if I am in an acting position and my substantive has been affected by WFA?  

Your rights and obligations, and those of the employer, remain the same regardless of your acting status. In the eventuality that your substantive position is eliminated due to WFA, you will no longer be eligible to occupy your acting assignment because your employment status remains attached to your substantive for the duration of the acting assignment. You will have the same rights as any other employee to  all provisions of the WFA appendix, depending on if they are applicable, including a voluntary departure program, a Guarantee of a Reasonable Job Offer, if possible, alternation and the options in article 6.4 (transitional support measure and/or education allowance).

 

Voluntary Departure Program 

 

What happens if I don’t participate in the Voluntary Departure Program (VDP)?  
It is an entirely individual and personal decision to participate or not participate in the VDP. There is no benefit or consequence to this decision, beyond whether voluntarily accessing the WFA entitlements is of benefit to you. If you decide VDP is not right for you then you must wait to learn whether a Selection of Employees for Retention and Layoff (SERLO) process will take place, whether you will be given a Guarantee of a Reasonable Job Offer, or you will be made “opting”.. 

It is important to note that if there are more volunteers than there are positions to be cut, the volunteers are selected in order of seniority with the most senior granted voluntary departure. 

 

If I leave voluntarily, do I have access to EI?  

If you participate in VDP and resign, you are deemed to have been laid off and are therefore eligible to Employment Insurance Regular Benefits. However, your Transition Support Measure and any severance must first be allocated based on your normal gross weekly earnings, delaying your first week of entitlement to EI benefits accordingly. There are further conditions to demonstrate eligibility for EI benefits in any given week, and you should consult Service Canada for more information. 

 

Guarantee of a Reasonable Job Offer

 

Will the employer cover my relocation costs if I am asked to move?  

Yes. In the event you secure a Reasonable Job Offer that is located more than 40km from your prior home office,  you are entitled to relocation under the National Joint Directive on Relocation.   

 

Will I be compensated for the difference in salary should I find a new position that is at a lower level?  

This salary protection is known informally as “red circling”.  

If you are given a Reasonable Job Offer at a lower classification level, you will be salary protected at your prior substantive classification level for the duration that you occupy the position. If you deploy out of the position (at any pay level), or resign and later return to the Public Service, you are no longer be entitled to the salary protection. In rare cases, a classification level may move above the value of your prior classification, in which case you would be entitled to eliminate your salary protection and benefit from the new, higher rate. 

 

Opting: General

 

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. If the employee fails to communicate their choice within the stated timeframe, they will be deemed to have selected option 6.4.1a, to be placed on the surplus priority list for a period of 12 months for staffing purposes, after which they will be laid off if no employment has been secured. 

 

 

Opting: Surplus Priority List

 

What does it mean to be on a priority list?  

Being on priority 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 warranted for selection. 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.  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. 

 

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. 

 

 

Opting: Transitional Support Measures

 

How is the amount of my transitional support measure calculated? Is it in addition to severance?  

Appendix D of the Collective Agreement, subsection Annex B, provides the years of service calculations for TSM.  

Article 66 provides a calculation of severance in the event of layoff and is additional.  

You are also entitled to a payout of any vacation balance outstanding in your account, prorated to the month of your termination. Note: the additional “severance” cited at the end of Annex B includes Appendix L, which does not apply to all public servants. Review the Appendix L for more information. 

 

When will I receive my transitional support measures?  

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). 

 

What can I use my tuition reimbursement for? 

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’s 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. 

 

Alternation

 

How does alternation work? 

Alternation is a process available to workers during workforce adjustments. It enables an opting employee to remain employed by exchanging positions with another employee willing to leave, thereby preserving employment opportunities within the public service. At this time, we have little information on the alternation plan with the employer and encourage members to reach out to their management team and/or HR with further questions. It is the employer’s obligation to facilitate alternation and management cannot arbitrarily or unfairly deny alternation requests. 

 

Can different classifications alternate?  

According to Appendix D, article 6.3.7, an alternation may occur between employees at the same group and level. When the two (2) positions are not in the same group and at the same level, alternation can still occur when the positions can be considered equivalent. They are considered equivalent when the maximum rate of pay for the higher-paid position is no more than six-per-cent (6%) higher than the maximum rate of pay for the lower-paid position. 

 


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  • Ailish Morgan-Welden
    published this page in News 2025-03-07 11:31:58 -0500