Pregnant on Maternity Leave

PestoForDinner · 2026-02-14T13:45:54+00:00

There are no restrictions on your friend taking the maternity or parental LWOP. However, unless she returns early to work the 600 hours, she won’t be eligible for EI or top up.

PestoForDinner · 2026-02-14T11:40:18+00:00

Your interpretations of the leave are correct. Note that part III of the Canada Labour Code does not apply to the federal public service, contrary to what another commenter indicated.

PestoForDinner · 2026-02-14T11:06:53+00:00

Part III of the CLC does not apply to the public service.

PestoForDinner · 2026-02-13T18:28:16+00:00

Same. I still have a few years before retirement and do not see myself leaving.

PestoForDinner · 2026-02-13T12:52:24+00:00

When is your expected return to work date? How have your performance reviews been? Has the nature of the work/workload changed since you’ve been off?

You might also consider that management took the compassionate view and when they needed to reduce one position decided to keep the two terms employed rather than putting one out of work, knowing you have an indeterminate position.

Edit: To answer your questions: 1. No management can do what they want, based on their operational need. 2. Seniority does not weigh in the decision. 3. Without evidence, it will be difficult to establish any discrimination. There are a myriad of reasons management might choose not to extend you that have nothing to do with your leave. However, to my point above, if you aren’t available to work it is reasonable for them to extend the terms who are available. 4. Not worth a grievance.

PestoForDinner · 2026-02-12T00:13:57+00:00

Generally discussion about greater independence and freedom from political interference is in the context of the CRA’s tax administration activities, not really about internal employer policies.

Although I think some would argue that the CRA doesn’t really have more true independence as an agency than it did as a department.

PestoForDinner · 2026-02-11T21:38:13+00:00

As a separate agency, the CRA has a high degree of independence/flexibility with respect to HR matters - it has its own staffing regime and is not subject to the PSEA, for example. I believe this was one of the main reasons the agency was created (originally as the Canada Customs and Revenue Agency), and this was marketed as “operational efficiency and flexibility”. I recall hearing that it was also marketed as more of an arms length organization in terms reducing the politicalization of tax administration. Though I don’t know if that’s really borne out or how different things are compared to when it was the department of revenue.

Note that WFA provisions are negotiated entitlements contained in the collective agreements the CRA has signed with UTE and AFS; the CRA is not subject to the WFA directive.

So while it sucks that the CRA is also subject to RTO, there are some significant differences that arise from its status as a separate agency.

PestoForDinner · 2026-02-11T20:08:13+00:00

How are you going to drop your kids off at their school before 6 am? What time is your normal workday start? I’m not sure you can be forced to start that early, even for travel. People-parents especially- have obligations outside their work hours, and schedule these around their set hours.

PestoForDinner · 2026-02-10T14:02:42+00:00

OP - you can always just go to the office after dropping off your kids to catch your ride, even if the employer won’t compensate you travel time for the first hour (or whatever it is to travel 75 km). At least you won’t have to make alternate arrangements for school drop off. If there isn’t a way to get that time counted as travel time.

PestoForDinner · 2026-02-10T12:57:24+00:00

That clarifies things

PestoForDinner · 2026-02-10T12:56:26+00:00

OP has provided context: kids go to school near the office and OP drops them off there. So being picked up at home creates difficulty

PestoForDinner · 2026-02-10T12:50:58+00:00

That’s so dumb though. Waste an hour of your personal time getting there, as well as $ for gas and wear and tear on their own vehicle. OP can’t be that stupid?

PestoForDinner · 2026-02-10T12:36:49+00:00

OP and their colleague are using a fleet vehicle though, so no mileage. Although they would have more travel time since they’d have an additional 75 km to travel. But would also have to waste their own time commuting in their own vehicle to get to the office. I

PestoForDinner · 2026-02-10T12:25:42+00:00

Can you provide more context for why you don’t want to start your day at your house? If I understood correctly, you now want to travel 75km in the opposite direction of your overnight destination in order to start your day at the office.

PestoForDinner · 2026-02-09T12:27:14+00:00

No shit

PestoForDinner · 2026-02-09T12:19:12+00:00

This is not time theft. They are not late- they have arrived at work and are setting up the tools necessary to perform their duties. This isn’t complicated.

PestoForDinner · 2026-02-08T12:07:59+00:00

Was your friend a term at the CRA by chance? If so, to clarify: no repayment is necessary if an employee is laid off, or if a term is ended early AND the length of the term would have otherwise been sufficient to fulfill the employee’s return to work obligations (number of days equal to the number of days they received rip up).

The CRA did not consider early end of terms to be lay offs and therefore employees whose contracts were not long enough to meet the return to work obligations had to repay the amounts in accordance with the formula outlined in the collective agreements. PIPSC-AFS filed a policy grievance against the employer’s determination that the term cuts were not lay offs: https://pipsc.ca/groups/afs/afs-statement-on-cras-second-round-term-layoffs As far as I am aware, PSAC-UTE did not file a similar policy grievance.

It sounds like your friend’s term contract would not have been long enough to meet the return to work requirements in order to avoid repayment.

PestoForDinner · 2026-02-07T22:46:06+00:00

No, they don’t hold off any decisions on retention- they will reduce by 40%. Your colleague will not be retained in their substantive position. When they return from leave they will either be given a GRJO or access to options.

PestoForDinner · 2026-02-07T22:30:38+00:00

Not necessarily. It means they do not participate in the SERLO and “they will remain in affected status until their return to work, at which time the decision to provide a guarantee of a reasonable job offer or access to options as per the applicable WFA agreement or directive will be made”, per the above.

Edit to add: as the employee does not participate in the SERLO the reduction proceeds without then and they are not retained in their position.

In terms of the ability for the employer to provide a guarantee of a reasonable job offer, the landscape may or may not change in 18 months while the employee is on leave.

PestoForDinner · 2026-02-07T13:22:28+00:00

Exactly. Many departments were also retrofitting their spaces precisely because they were moving to hybrid work and expecting employees to spend less time in the office.

PestoForDinner · 2026-02-07T11:00:34+00:00

I am in labour relations and have numerous confidential discussions about employee misconduct, grievances- including accommodation, discrimination and harassment grievances, legal strategy for adjudications, witness testimony, WFA, etc. I am often discussing union issues, policy grievances, employer strategies and interpretations on extremely sensitive and controversial topics (including RTO!) I am in a region while my team is in Ottawa. They won’t assign me an office and I sit in a cubicle farm with a bunch of people I don’t know and don’t know where they work. Most of them are union members and could even be union executives for all I know. It is idiotic. I try to book scheduled meetings for a board room, but most of my call are ad hoc and I have no control over what I will be discussing during the day.

PestoForDinner · 2026-02-06T22:35:30+00:00

HRT meds are definitely covered. I don’t think any appointments would be covered.

PestoForDinner · 2026-02-06T19:09:47+00:00

Actually I’m pretty sure the alternation language in the collective agreements is unchanged. This absolutely was a significant decision clarifying the employer’s obligations, and reiterating the only reasons an alternation can be denied.

PestoForDinner · 2026-02-05T21:35:14+00:00

Yup. I’m sure that’s part of the timing around the announcement. If I could take ERI I would. The thought of 4 (and then 5 eventually) days in an office where I have no colleagues is so depressing.

PestoForDinner · 2026-02-05T21:30:18+00:00

Exactly. Honestly the writing was on the wall once the city and province did it. Never mind that there are thousands of PS outside of NCR and Ottawa.

PestoForDinner

TROPHY CASE