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Reservist Leave


Policy Statement

Employees who are members of the reserves will, subject to government operational requirements, have employment protection and a right to reservist leave, provided that the employee is absent from work for the purpose of reserve service.

Application

This policy applies to all employees. Bargaining unit employees should also consult their respective collective agreements.

Definitions

reserves the component of the Canadian Forces referred to in the National Defence Act (Canada) as the reserve force
reserve service deployment or training required for imminent deployment, and includes (a) a period of time for treatment, recovery or rehabilitation in respect of a physical or mental health problem that results from deployment or training required for imminent deployment, and (b) service as defined as Class “C” Reserve Service as defined in the Queen's Regulations and Orders for the Canadian Forces made under the Authority of the National Defence Act (Canada)
reservist leave leave approved by the Deputy Minister for reserve service for which employees do not receive any pay from the employer

Responsibilities

Department

It is the responsibility of individual departments to manage reservist leave such that it does not unduly interfere with operational requirements.

Employee

It is the responsibility of employees to inform the Deputy Minister in a timely manner of the requirement for reservist leave as well as any changes to the leave period (e.g., revised and/or deferred start and end dates).

Eligibility Criteria

Employees who are members of the reserves will, subject to government operational requirements, have employment protection and a right to reservist leave, provided that the employee is absent from work for the purpose of reserve service.

Application and Approval Process

Employees must apply, in writing, to the Deputy Minister for a period of reservist leave and are required to provide:

  • at least 60 days notice in writing of his or her intention to take the reservist period of leave;
  • as much notice as is reasonable in the circumstances where the employee cannot comply with the 60 day notice period due to circumstances beyond the employee's control;
  • the anticipated start and end dates for the reservist leave period; and
  • written verification from an official of the reserves stating that the employee is a member of the reserves and is required for reserve service.

Employee Protection and Benefits

The employer shall not terminate an employee or give notice of termination because an employee intends to take, applies for or takes reservist leave under this policy.

Employees may take up to 20 days reservist leave in any fiscal year and maintain their full entitlement of annual leave, sick leave or paid leave credits.

Employees who use 21 or more days of reservist leave in any fiscal year will have their annual leave, sick leave or paid leave entitlements reduced proportional to the total number of reservist leave days taken in excess of 20 days.

Employees cannot accrue or use sick, annual or paid leave during the period of reservist leave.

Upon return to work, employees may have the period of reservist leave credited for pension purposes. Employees who elect, within 90 days, may purchase the period of reservist leave by paying contributions that would have been paid had the employee not gone on reservist leave. The Employer will match this amount. Employees who elect to purchase after 90 days will be required to pay the full actuarial cost of the service.

Upon return from reservist leave, employees will not lose any benefits accrued at the commencement of the period of reservist leave.

Employees on reservist leave for periods of 5 days or less will receive payment for any holiday that occurs during that period of reservist leave.

Last Policy Update: August 19, 2010

 
Last Updated:
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