Utility managers allowed some flexibility in applying the return-to-office policy

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The federal government’s human resources director has issued a directive to utility managers that gives them some flexibility in how they apply the new return-to-office policy.

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The Memo from Human Resources Director, Christine Donoghue gives managers the ability to allow employees to meet their prescribed office hours (40 to 60 percent of their work schedule) on a weekly or monthly basis.

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It means, for example, that a full-time employee could spend two weeks in the office and then two weeks working at home, and comply with the government’s hybrid work policy.

“Workplaces vary from one organization to another; deputy chiefs must use discretion and accommodate their operational requirements,” the memo says.

Earlier this month, Treasury Board Chair and Ottawa-Vanier Parliamentarian Mona Fortier announced that public servants will be required to return to the office two to three days a week by the end of March.

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Fortier has said the policy is designed to bring fairness, equity and consistency to the federal workplace, as some departments already have employees in the office on a regular basis, while others do not.

The new policy will begin on January 16 and will be in full effect by the end of March.

Donoghue’s directive provides senior managers with more information on how to implement the return-to-office mandate.

It also outlines possible exemptions, some of which would only be granted after consultation with the office of the director of human resources. Potential exemptions include:

• “Exceptional cases” where a deputy minister can demonstrate a measurable increase in efficiency through teleworking

• Information technology (IT) departments where waivers are required for the recruitment and retention of key personnel

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• Employees hired to work remotely prior to March 16, 2020, when the government first required public servants to begin teleworking as part of its response to the COVID-19 pandemic.

• Indigenous employees whose location within their communities “is fundamental to their identity”

• Employees who have permission to work remotely at locations more than 125 kilometers from their designated office site

Immunocompromised employees may also request an accommodation. Other “exceptional exemptions” will be determined on a case-by-case basis, the memo says, based on considerations such as illness, extenuating circumstances or short-term operational requirements.

Each department will be responsible for introducing verification programs to ensure that employees follow the return to office policy.

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“Managers seeking to ensure compliance have tools at their disposal, including various administrative actions,” the memo warns. “Managers need to discuss with their labor relations teams and ensure that individual circumstances are considered on a case-by-case basis.”

The Public Services Alliance of Canada (PSAC), the country’s largest public service union, has already announced its developing guidelines to assist public servants who wish to file individual complaints based on policy.

Public service unions have argued that where government employees do their work should be up for negotiation after nearly three years of pandemic-imposed telecommuting, but Fortier has strongly rejected that idea.

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In an interview earlier this week, Fortier said the federal government’s return to office mandate is not an issue that should be decided at the collective bargaining table. “It is the employer’s right, it is the management’s right,” Fortier insisted.

Ontario government officials have returned to the workplace three days a week since April, while Quebec officials have spent two days a week in the office for most of the year.

The Professional Institute of Public Service of Canada (PIPSC) has demanded that the government’s return to power plan be halted with the country facing the “triple threat” of COVID-19, influenza and respiratory syncytial virus (RSV).

PSAC has filed a complaint about the government’s return-to-workplace plan with the federal labor relations board. It maintains that the government cannot make changes to working conditions during negotiations with its unions.