Human Resources Management. Manual 500

Transcription

1 Human Resources Management Manual 500

2 Crown copyright, Province of Nova Scotia, 2010 This document is available on the Internet at < manuals/>. For further information about the s Management Manuals, please contact: Governmnent of Nova Scotia P.O. Box 1617 Halifax, Nova Scotia Canada B3J 2Y3 Telephone: (902) Fax: (902) manuals@gov.ns.ca Designed by Communications Nova Scotia. Published by Treasury Board office. ISBN:

3 Table of Contents Table of Contents Manual 500 Changes Spring i Chapter 1: Introduction 1.1 Introduction... 1 of Introduction to the Corporate Human Resources Management Policy Manual... 1 of 2 Chapter 2: Attraction, Recruitment and Selection 2.1 Personal Services Contract Policy...1 of Assistant Deputy Minister Policy...1 of Employment Equity Policy... 1 of Secondment Policy...1 of Fair Hiring Policy... 1 of 8 Chapter 3: Total Compensation and Benefits 3.1 Salary Determination Policy...1 of Excluded Classification (EC) Merit Pay Policy...1 of Temporary Assignment Policy...1 of 8 Chapter 4: Healthy and Productive Work Environment 4.1 Storms or Hazardous Conditions...1 of Voluntary Unpaid Leave with Deferred Salary Recovery Policy...1 of Visual Display Terminal Operations...1 of Attendance Management Policy...1 of Healthy Workplace Policy... 1 of Employee Recognition Policy...1 of Occupational Health and Safety...1 of HIV/AIDS in the Work Place...1 of Respectful Workplace Policy...1 of 10 Chapter 5: Employee and Organizational Development 5.1 Corporate Employee Orientation Policy...1 of Performance Management Policy...1 of Human Resources Development...1 of Educational Leave... 1 of 6 TOC-3

4 Table of Contents Chapter 6: Employee and Organizational Information 6.1 Employee Identification Cards Policy...1 of Employee Personnel Record Policy...1 of 4 Chapter 7: Moving and Relocation 7.1 Moving and Relocation Policy...1 of 10 Chapter 8: Conflict of Interest 8.1 Conflict of Interest Policy...1 of 10 Chapter 9: Employee Liability 9.1 Employee Indemnification and Legal Assistance Policy...1 of 6 Chapter 10: Other 10.1 Government Sign Language Interpreter Services Policy for Deaf and Hard-of-Hearing Nova Scotians... 1 of 4 TOC-4

5 Manual 500 Changes - Spring 2012 Manual 500 Changes Spring 2012 In spring 2012, the Public Service Commission (PSC), the central human resources department of Government with oversight responsibility for the content of Manual 500, undertook some changes to the Manual. Manual 500 is one of four corporate administrative policy manuals administered by Treasury Board. The PSC pursued the changes to Manual 500 in close collaboration with Treasury Board Office and Executive Council Operations staff. The changes resulted in the repeal and removal of some policies and the reorganization of some of the remaining contents. Policies were generally removed because the information they contained was more complete and up-to-date in other, often more authoritative sources such as legislation, regulations and collective agreements. There are no changes to the provisions that had been set out in the policies. Rather, the redundant policies have been removed and managers and employees are now being redirected to the best sources of policy information on those topics. In addition to the removal of policies, the PSC has reorganized the Manual s contents. This includes the renaming of some chapters to better align with the PSC s core human resources functional areas and the relocation of some policies across chapters to align with the new chapter names. In this process, there were minor changes of a housekeeping nature made to some policies in the Manual. However, the substantive content of policies and the provisions they set out has not changed. Policies Removed from Manual The policies that have been removed from the Manual are identified here, along with links to alternate sources of information on the topics that had been covered by those policies. Links that are common to information sources for multiple topics are provided at the end of the section. CLASSIFICATION POLICY Bargaining unit employees refer to respective collective agreements (see link at end of this section) Non-bargaining unit employees in Excluded Classification (EC) Pay Plan positions refer to the Public Service Commission intranet site: Assurance%20Process.pdf i

6 Manual 500 Changes - Spring 2012 OVERTIME POLICY Bargaining unit employees refer to respective collective agreements (see link at end of this section) Non-bargaining unit employees refer to the Civil Service Act s General Civil Service Regulations (see link at end of this section) JOB SHARING POLICY Bargaining unit employees refer to respective collective agreements (see link at end of this section) Non-bargaining unit employees refer to the Civil Service Act s General Civil Service Regulations (see link at end of this section) EMPLOYEE ASSISTANCE PROGRAM (EAP) POLICY Refer to the EAP page on the Public Service Commission website: SMOKE-FREE WORKPLACE POLICY Refer to the Smoke-free Places Act: PERSONAL PROTECTION POLICY Refer to the following: Occupational Health and Safety Act s Violence in the Workplace Regulations: Respectful Workplace Policy SPECIAL LEAVE POLICY Bargaining unit employees refer to respective collective agreements (see link at end of this section) Non-bargaining unit employees refer to the Civil Service Act s General Civil Service Regulations (see link at end of this section) TIME-OFF LESS THAN ONE DAY POLICY This policy contained information on time-off that can be granted to attend medical or dental appointments, vote in an election and participate in blood donor clinics. For information on time-off for medical or dental appointments: Bargaining unit employees refer to respective collective agreements (see link at end of this section) Non-bargaining unit employees refer to the Civil Service Act s General Civil Service Regulations (see link at end of this section) ii

7 Manual 500 Changes - Spring 2012 For information on time-off to vote in an election: Refer to the Canada Elections Act Refer to the Elections Act (Nova Scotia) For information on time-off to participate in blood donor clinics: Refer to the Healthy Workplace page on the PSC s website asp PROVINCIAL APPOINTEE LIABILITY POLICY Refer to the Civil Service Act: PUBLIC SERVICE AWARDS POLICY Bargaining unit employees refer to respective collective agreements (see link at end of this section) Non-bargaining unit employees refer to the Civil Service Act s General Civil Service Regulations (see link at end of this section) Information Links COLLECTIVE AGREEMENTS CIVIL SERVICE ACT S GENERAL CIVIL SERVICE REGULATIONS Casual and other direct employees of government should also refer to the Labour Standards Code for information on applicable topics covered by policies that have been removed from the Manual. Contract employees should also refer to the specific terms of their contracts. Managers and employees should also refer to the Public Service Commission website for information on other programs and services administered by the PSC. iii

8 Manual 500 Changes - Spring 2012 iv

9 Chapter 1: Introduction Chapter 1: Introduction

10 Chapter 1: Introduction

11 Chapter 1: Introduction 1.1 Introduction 1.1 Introduction The corporate administrative policies and procedures of the Government of Nova Scotia were approved by the Treasury and Policy Board on January 9, 2003, and are contained in four Management Manuals. 100 MANAGEMENT GUIDE Documents the organizational structure of government and the delegation of responsibility to departments. This manual also outlines the Executive Council decision-making process. 200 BUDGETING AND FINANCIAL MANAGEMENT Documents budgeting and budgetary control processes as well as accounting policies and procedures. 300 COMMON SERVICES Documents common operational policies provided within government for the benefit of other government entities. 500 HUMAN RESOURCES MANAGEMENT Documents human resources policies and procedures in place for all employees, except where superseded by collective agreements. These manuals are posted in PDF format on Treasury Board office s Internet site ( Hyper-links to the corporate administrative policies (previously known as Management Manuals) are also located on the government Internet and Intranet home pages. All departments, offices, Crown corporations and other government entities are encouraged to access the manuals electronically, as it provides improved functionality over the hard copy and is a costsavings to government. The web site has been designed to assist users in the easy retrieval of relevant information. Web site features include the Record of Revisions identifying recent changes to the manuals and the option of joining a listserv for automated notification of revisions. The Corporate Administrative Policy Manuals are living documents, with the ongoing updating, adding and deleting of policies and procedures. Treasury Board office is responsible for maintaining the currency of the information on the web site. 1-1

12 Chapter 1: Introduction 1.1 Introduction Employees are to check the web site regularly to ensure they are using the current version of a policy/procedure. The master version of each manual is retained at the Executive Council Office on behalf of the Treasury Board office. References Management Manuals Policy, Management Guide Q&As, Management Manuals web site Enquiries Manager, Executive Council Office (902) Approval date: January 9, 2003 Effective date: January 9, 2003 Approved by: Executive Council Administrative update: January 5,

13 Chapter 1: Introduction 1.2 Introduction to the Human Resources Management Manual 1.2 Introduction to the Corporate Human Resources Management Policy Manual (Manual 500) The Corporate Human Resources Management Policy Manual (Manual 500) contains the Nova Scotia Government s corporate human resource policies. The Public Service Commission (PSC), the central human resources department of Government, has oversight for the content of Manual 500. Manual 500 contains corporate human resource policies that may apply to both bargaining unit and non-bargaining unit employees. Generally, each policy contains an application section that sets out the employee groups to whom the policy applies. Bargaining unit employees should note that their collective agreements take precedence over policies contained in this Manual. Therefore, those agreements should also be referenced when seeking the most current provisions related to a specific topic. Non-bargaining unit employees should also refer to the Civil Service Act and its regulations, particularly for assistance in locating information on issues for which there may be no corporate policy in this Manual. Casual and other direct employees of government should also refer to the Labour Standards Code. Contract employees should also refer to the specific terms of their contracts of employment. Key Links for More Information Collective Agreements Civil Service Act Regulations under the Civil Service Act Labour Standards Code 1-3

14 Chapter 1: Introduction 1.2 Introduction to the Human Resources Management Manual Changes Spring 2012 In the spring of 2012, the PSC undertook some changes to the Manual that resulted in the repeal and removal of some policies and the reorganization of some of the remaining contents. Please refer to the Manual 500 Changes Spring 2012 web page for a description of the changes, and direction on where to find information on topics that are no longer included in the Manual. The revision, addition and repeal of policies contained in Manual 500 are carried out in accordance with the Management Manuals Policy, accessible at the following link: Managers and employees are encouraged to register for the Corporate Policy Manuals ListServ so they can be advised of changes to the Corporate Policy Manuals, including Manual 500, as they happen. About the Public Service Commission The PSC is responsible for developing, implementing, and evaluating human resource policies, programs, services and standards while ensuring high quality corporate human resource management principles, values and practices. The PSC is the government s agent for collective bargaining with unions that represent direct government employees and provides advice to government on collective bargaining in the broader public service. Fulfilling this mandate ensures that the Nova Scotia Government has the human resources required to create and deliver high quality programs and services to citizens. Enquiries Public Service Commission, Policy and Programs Unit (902) PSC-Policy-Inquiries@gov.ns.ca Approval date: January 15, 2003 Effective date: January 15, 2003 Approved by: Public Service Commissioner Administrative update: June 26,

15 Chapter 2: Attraction, Recruitment and Selection

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17 Chapter 2: Attraction, Recruitment and Selection 2.1 Personal Services Contract Policy 2.1 Personal Services Contract Policy Policy Statement Where a department wishes to engage the services of a person by contract, a personal services contract must be prepared in accordance with the policy requirements established herein to have legal force and effect. Where a government agency wishes to engage the services of a person with annualized compensation of $75,000 or above, documentation must be prepared in accordance with the policy requirements established herein to have legal force and effect. Definitions COMPENSATION The annualized base salary and any other monetary payments, contributions or benefits required or potentially required to be made, paid or provided by the employer to or on behalf of the employee pursuant to a personal services contract. COMPENSATION FRAMEWORK Any policies, practices or plans, including descriptions of classifications, salary scales, pay for performance, bonuses, annual increments or cost of living adjustments, which describe the compensation to be made, paid or provided by an employer to or on behalf of its employees. DEPARTMENT Department, office, and public service entities of the as defined in the Public Service Act. DEPUTY HEAD The deputy minister or designate of a department or the senior administrative officer of a government agency not reporting through a deputy minister. GOVERNMENT AGENCY A government business enterprise or government unit or any body or class of bodies as defined by Section 10 of the Public Service Act. Page 1 of 16

18 Chapter 2: Attraction, Recruitment and Selection 2.1 Personal Services Contract Policy PERSONAL SERVICES CONTRACT An agreement that establishes an employment relationship between an individual and a department, office or government agency, whether or not the terms are in writing, and includes any amendment of or extension to such an agreement. Policy Objectives To establish a process by which departments and government agencies may obtain approval to enter into personal services contracts. To determine when it is appropriate to use a personal services contract and to ensure consistent use of contracts. To promote consistency of human resource practices. To clarify roles and responsibilities in the review and approval process for both departments and government agencies. To promote fiscal accountability by reviewing compensation ranges for consistency with government compensation. Application This policy applies to all departments and government agencies, in accordance with the Public Service Act and Personal Services Contract Regulations. Exemptions This policy does not apply to the following employment relationships as exempted by Section 6 of the Personal Services Contract Regulations: a personal services contract which has received the approval of the Minister of Education in accordance with s. 64(3A) of the Education Act; an employment relationship with an individual appointed to the Civil Service who is not part of a bargaining unit; employment relationships governed by a collective agreement; a personal services contract under which the compensation payable to the individual is governed by a compensation framework approved by the Executive Council; a personal services contract to employ an individual in a particular occupation if the terms of the contract do not deviate from the contract template approved by the Executive Council for employment in the particular occupation; Page 2 of 16

19 Chapter 2: Attraction, Recruitment and Selection 2.1 Personal Services Contract Policy an employment relationship with an individual employed by a department or office on a casual basis for less than 12 continuous months where the terms and conditions of employment do not exceed those available under the Labour Standards Code. Policy Directives - Departments Departments must ensure the following requirements are met when entering into, extending or amending a personal services contract. USAGE Personal services contracts may be considered for use in departments under the following circumstances: the nature of the work or employment circumstances prevent the creation of a civil service position the work is considered project work requiring unique skills, knowledge or qualifications the work is considered short term there must be a FTE and funding Personal services contracts may be used for positions including Deputy Ministers, Chief Executive Officers, Executive Assistants to Members of the Executive Council and personnel in the Office of the Premier. The Personal Services Contract Regulations set out the contract template (Appendix 2-1A, Standard Employment Contract of Service) to be used when departments are engaging the services of a person by contract. APPROVAL PROCESS Departments are required to consult with the Public Service Commission prior to commencing negotiations to enter into a personal services contract to employ an individual in a department. Personal services contracts containing annualized compensation of $75,000 or less must be approved by the deputy head of the department in order for the contract to have force and effect. The proposed contract along with documentation outlining the rationale for using a contract, the length of the contract and the proposed compensation are to be sent to the deputy head to obtain the required approval prior to concluding negotiations with the employee. Page 3 of 16

20 Chapter 2: Attraction, Recruitment and Selection 2.1 Personal Services Contract Policy The deputy head is responsible for reviewing the submission to ensure consistency with this policy. If approved, the personal services contract signed by the deputy head will be returned for signature by the employee. Personal services contracts containing annualized compensation of more than $75,000 but less than $120,000 must be approved by the deputy head of the department, the Public Service Commissioner and the Deputy Minister of Finance and Treasury Board in order for the contract to have force and effect. The requesting department must submit the proposed contract along with documentation outlining the rationale for using a contract, the length of the contract and the proposed compensation to the Public Service Commission to obtain the required approvals prior to concluding negotiations with the individual. If approved, the personal services contract signed by the Public Service Commissioner and the Deputy Minister of Finance and Treasury Board will be returned to the requesting department to obtain the signature of the deputy head and the employee. Personal services contracts containing annualized compensation of $120,000 or more must be approved by Executive Council and/or its committees in order for the contract to have force and effect. The requesting department must submit the proposed contract and Memorandum to Executive Council outlining the rationale for using a contract, the length of the contract and the proposed compensation to the Executive Council Office to obtain the required approval prior to concluding negotiations with the individual. The Executive Council Office or the Department of Finance and Treasury Board will consult with the Public Service Commission on all aspects of personal services contract submissions proposing annualized compensation over $120,000. A minute letter will be issued communicating the decision of Executive Council and/or its committees. If approved, the personal services contract will be signed by the Public Service Commissioner and the Deputy Minister of Finance and Treasury Board and will be returned to the requesting department to obtain the signatures of the deputy head and the employee. Page 4 of 16

21 Chapter 2: Attraction, Recruitment and Selection 2.1 Personal Services Contract Policy A personal services contract containing annualized compensation under $120,000 that does not follow the contract template (Appendix 2-1A, Standard Employment Contract of Service) must be approved by the deputy head of the department, the Public Service Commissioner and the Deputy Minister of Finance and Treasury Board in order for the contract to have force and effect. The requesting department must submit the proposed contract along with supporting documentation outlining the rationale for using a contract, the length of the contract and the proposed compensation, explaining why a deviation from the template is necessary, to the Public Service Commission to obtain the required approvals prior to concluding negotiations with the individual. If approved, the personal services contract will be signed by the Public Service Commissioner and the Deputy Minister of Finance and Treasury Board and will be returned to the requesting department to obtain the signatures of the deputy head and the employee. The requesting department must file a fully signed copy of all personal services contracts with the Public Service Commission. Policy Directives - Government Agencies PERSONAL SERVICES CONTRACTS - APPROVAL PROCESS AND FILING A personal services contract to employ an individual in a government agency containing annualized compensation of $75,000 or more, must be approved in accordance with this policy in order for the contract to have force and effect. A government agency shall not commence recruitment of an individual to enter into a personal services contract with annualized compensation of more than $75,000 but less than $120,000 until the proposed terms of the personal services contract, including compensation, have been approved by Public Service Commissioner and the Deputy Minister of Finance and Treasury Board. The requesting government agency must submit documentation outlining the rationale for the proposed terms of the personal services contract, including compensation, to the Public Service Commission to obtain the required approvals prior to concluding negotiations with the individual. If granted, approval of the Public Service Commissioner and the Deputy Minister of Finance and Treasury Board will be issued in writing. Page 5 of 16

22 Chapter 2: Attraction, Recruitment and Selection 2.1 Personal Services Contract Policy A government agency must not commence recruitment of an individual to enter into a personal services contract with annualized compensation of $120,000 or more until the proposed terms of the personal services contract, including compensation, have been approved by the Executive Council and/or its committees. The requesting government agency must submit a Memorandum to Executive Council outlining the rationale for the proposed terms of the personal services contract, including compensation, to the Executive Council Office to obtain the required approval. A minute letter will be issued communicating the decision of Executive Council and/or its committees. A personal services contract may be entered into on the same terms that were approved by the Public Service Commissioner/Deputy Minister of Finance and Treasury Board or Executive Council and/or its committees without further approval. Before a government agency agrees to a term in a personal services contract which deviates from the terms approved by the Public Service Commissioner/ Deputy Minister of Finance and Treasury Board or Executive Council and/or its committees, the government agency must re-submit documentation to obtain approval of the terms of the contract by the appropriate authority prior to concluding negotiations with the individual. If granted, approval will be issued in writing by the appropriate authority. The final terms of a personal services contract between an individual and a government agency must be in writing and filed with the Public Service Commission and the Executive Council Office. COMPENSATION FRAMEWORKS - APPROVAL PROCESS AND FILING Note: This section only applies to compensation frameworks that govern personal service contracts for which an exemption from the application of the Personal Services Contract Regulations is sought. In order for a personal services contract to be exempt under clause 6(d) of the Personal Services Contract Regulations, a government agency must first obtain the approval of Executive Council or its committees for a compensation framework that governs the personal services contract. In order to obtain approval for a compensation framework, a government agency must submit a Memorandum to Executive Council attaching a copy of the framework and outlining a rationale for it. Page 6 of 16

23 Chapter 2: Attraction, Recruitment and Selection 2.1 Personal Services Contract Policy A minute letter will be issued communicating the decision of Executive Council. Compensation frameworks must comply with the requirements set out in Appendix 2-1B and other directives or policies issued by Treasury and Policy Board from time to time. In developing compensation frameworks, it is recommended agencies consult with: The department that supports the Minister responsible for the agency Department of Finance and Treasury Board Executive Council Office Public Service Commission A government agency must submit previously approved compensation frameworks to Executive Council for review and approval at least once every five years and at other times upon the request of Executive Council. No later than April 30 th of each year, a government agency must file approved compensation frameworks that are in effect as of April 1st of that year with the Executive Council Office. Routine Access The terms contained in personal services contracts other than personal information shall be released under the Routine Access Policy of a department, or government agency. Accountability EXECUTIVE COUNCIL AND/OR ITS COMMITTEES The Executive Council and/or its committees have responsibility for approval of personal services contracts entered into by departments and government agencies with annualized compensation in excess of $120,000. DEPUTY MINISTER, FINANCE AND TREASURY BOARD The Deputy Minister of Finance and Treasury Board is responsible for: administration of the approval process for personal services contracts in accordance with this policy approving the use of personal services contracts as required by this policy. PUBLIC SERVICE COMMISSION The Public Service Commission is responsible to act in an advisory capacity to departments, government agencies and Treasury and Policy Board on issues relating to personal services contracts. Page 7 of 16

24 Chapter 2: Attraction, Recruitment and Selection 2.1 Personal Services Contract Policy PUBLIC SERVICE COMMISSIONER The Public Service Commissioner is responsible for: monitoring personal services contracts for appropriate usage and consistency with government compensation approving the use of personal services contracts as required by this policy. DEPUTY HEADS Deputy heads are responsible for ensuring compliance with the requirements established by this policy for use of personal services contracts. Monitoring The Department of Finance and Treasury Board, with the support of the Public Service Commission and applicable line departments, shall coordinate periodic reviews to ensure compliance with this policy by departments and government agencies. Departments and government agencies shall provide all documentation deemed necessary to conduct any reviews of this policy. References Public Service Act Personal Services Contract Regulations Fair Hiring Policy Values, Ethics, and Conduct: A Code for Nova Scotia s Public Servants Conflict of Interest Policy Enquiries Policy and Planning, Public Service Commission, (902) Manager, Executive Council Operations, Executive Council Office, (902) Appendices Appendix 2-1A Standard Employment Contract of Service Template Appendix 2-1B Requirements respecting the Form and Content of Compensation Frameworks submitted for Approval Approval date: August 15, 2012 Effective date: November 1, 2016 Approved by: Treasury Board Administrative update: September 22, 2016 Page 8 of 16

25 Chapter 2: Attraction, Recruitment and Selection 2.1 Personal Services Contract Policy Appendix 2-1A Standard Employment Contract of Service This agreement is made this (date) Between Her Majesty the Queen in right of the Province of Nova Scotia, as represented by (name), Deputy Minister, (department) (the Employer ) - and - (employee name) (the Employee ) The parties agree as follows: 1. The Employee agrees: a) to provide services as under the direction of (insert reporting title); b) to work at least the minimum number of hours per week required of full-time civil servants; and c) to be bound by the principles and purposes of all of the following: i) Values, Ethics & Conduct: A Code for Nova Scotia s Public Servants, as prepared by the Public Service Commission, as amended from time to time, ii) the s Conflict of Interest Policy, as amended from time to time, iii) the Conflict of Interest Act, iv) the Freedom of Information and Protection of Privacy Act, v) the s Privacy Policy, as amended from time to time. Page 9 of 16

26 Chapter 2: Attraction, Recruitment and Selection 2.1 Personal Services Contract Policy 2.1 In this section, confidential information means non-public information that meets any of the following criteria: a) it is marked confidential or with a similar legend; b) it is disclosed in any other manner and identified as confidential at the time of disclosure; c) it is personal information as defined in the Freedom of Information and Protection of Privacy Act; d) it would be recognized as confidential or proprietary by a reasonable person considering the nature of the information and the circumstances of disclosure; provided however, that the term confidential information shall not include any information that the Employee can establish by competent evidence: e) was publicly known and made generally available in the public domain before it was disclosed to the Employee; f) becomes publicly known and made generally available after disclosure by the Employer to the Employee through no action or inaction of the Employee; g) was in the possession of the Employee, without confidentiality restrictions, at the time of disclosure by the Employer as shown by the Employee s files and records in existence before the disclosure; or h) is independently developed by the Employee without use of a reference to the Employer s confidential information. 2.2 The Employee shall: a) review and follow all established policies, procedures and standards of the Employer for ensuring the security of confidential information and shall take reasonable precautions to protect all confidential information disclosed to the Employee from any unauthorized or inadvertent disclosure; b) keep all confidential information strictly confidential, and shall not, without the prior written consent of the Employer, release, publish, disseminate or disclose any confidential information to any party, unless the Employee is required to do so by applicable law or in response to an order of a court of competent jurisdiction; c) only use confidential information to carry out tasks assigned by the Employer in relation to the Employee s employment under this agreement; and d) report any breach of the terms of this section to the Employer immediately upon becoming aware of such breach. Page 10 of 16

27 Chapter 2: Attraction, Recruitment and Selection 2.1 Personal Services Contract Policy 2.3 The Employee acknowledges that the Employer may be harmed if any provision of this section is not complied with or performed by the Employee, and that the harm could not be compensated reasonably or adequately in damages. The Employee further acknowledges and agrees that the Employer is entitled to injunctive and other equitable relief or other remedies to prevent or restrain a breach of any of the provisions of this Section by the Employee, or to enforce the terms of this section. 2.4 Subsections 2.1 to 2.3 remain binding on the Employee after termination of this agreement. 2.5 A violation by the Employee of subsection 2.2 may be considered just cause for termination pursuant to subsection The Employer agrees to a) pay a salary to the Employee of approximately $ per year before any deductions required by law or this agreement; b) grant the Employee vacation days earned at a rate of 1.25 days for each month of employment, to be taken in the year the vacation entitlement is earned; c) reimburse the Employee for all expenses incurred that would be reimbursed if the expense was incurred by a civil servant; d) grant the Employee the same holiday benefits granted to civil servants; e) allow the Employee: i) to enroll in the Province of Nova Scotia Group Life Insurance Policy, ii) to receive insured health benefits under the Province of Nova Scotia Consolidated Health Plan; f) grant the Employee sick leave benefits at the rate of 1.5 days per month for each month of service with the Employer to a maximum of 18 days per fiscal year beginning April 1 and ending March 31; and g) indemnify the Employee and to extend to the Employee the same protection against liability from suits or claims brought against the Employee in respect of work performed on behalf of the Province as the Employer would provide to a civil servant. 3.2 The Employee agrees that the Employer reserves the right to publish or release the terms and conditions of this agreement in whole or in part in accordance with clause 20(4)(f) of the Freedom of Information and Protection of Privacy Act and the applicable departmental Routine Access Policy, and same may be made public by the Employer as the Employer considers fit in its sole discretion. Page 11 of 16

28 Chapter 2: Attraction, Recruitment and Selection 2.1 Personal Services Contract Policy 4. The Employee is not entitled to enroll in the Province of Nova Scotia Public Service Long Term Disability Plan and is not, by this agreement or otherwise, a civil servant. 5. The term of this agreement is from (start date) to (end date) unless terminated earlier under this agreement or extended by mutual agreement of the parties in writing. 6.1 Despite any other provision of this agreement, this agreement may be terminated, without notice or compensation in lieu of notice, for just cause, which the parties agree includes failure by the Employee to carry out the terms of this agreement. 6.2 This agreement may be terminated at any time and for any reason by either of the parties giving the other party 30 days written notice to that effect. 6.3 If this agreement is terminated under subsection 6.1 or 6.2, the Employee must be paid the sum or sums that have accrued under clause 3.1(a) up to the date of termination, and such sum or sums must be received by the Employee in full satisfaction and discharge of all claims and demands against the Employer in respect of this agreement. 7. The parties agree that any recourse or remedy arising with this agreement arises from contract, and that neither party has a claim or remedy, in damages or otherwise, in tort arising from performance or non-performance of this agreement, except as provided for in subsection All materials and information produced by the Employee in the performance of this agreement, and all rights therein, belong to the Employer. 9. The Employer reserves the right to publish or release in whole or in part, to publish an amended version of or not to publish or release at all, or to use or not to use as the Employer considers fit, any research, reports, material, audio-visual materials or information produced by the Employee in the performance of this agreement. 10. This agreement is not assignable. 11. Any discretionary authority or right under this agreement is not subject to the expectations, reasonable or otherwise, of the parties and any action taken under a discretionary provision is deemed to be an exercise in good faith. Page 12 of 16

29 Chapter 2: Attraction, Recruitment and Selection 2.1 Personal Services Contract Policy 12. No term or provision of this agreement is deemed waived and no breach excused, unless the waiver or consent to the breach is in writing and signed by the party making the waiver or giving the consent. Any waiver of a term or provision or consent to a breach, whether express or implied, does not constitute a waiver of a different term or provision or consent to a different or subsequent breach or continuation of the same breach unless expressly stated. 13. If any term or provision of this agreement is found to be unenforceable or illegal, the rest of the agreement remains in full force and effect except that the offending term or provision is deemed to be removed from the agreement. 14. Any notice required to be given under this agreement shall be valid if given in writing by pre-paid registered letter to the following applicable address: To the Employer: Commissioner, Public Service Commission 1800 Argyle Street, 5th Floor PO Box 943 Halifax, Nova Scotia B3J 2V9 To the Employee: (employee name) (employee address) or to another address that is communicated in writing to the parties, and notice is deemed to have been given 2 business days after the day the letter is posted. Nothing in this agreement precludes the delivery of notices by means other than mailing. 15. Time is of the essence in this agreement. 16. The parties acknowledge that this agreement is of no force and effect unless approved as required by the Public Service Act and regulations. 17. The Employee hereby certifies that they have reviewed and fully understand the terms of this agreement. 18. This agreement is the entire agreement between the parties but for the policies and plans referred to above. Any other agreement between the parties is void upon the signing of this agreement and no changes may be made to this agreement except in accordance with section This agreement can only be amended, supplemented or otherwise modified by written agreement signed by both parties. Page 13 of 16

30 Chapter 2: Attraction, Recruitment and Selection 2.1 Personal Services Contract Policy 20. This agreement must be construed in accordance with the laws of the Province of Nova Scotia. The parties have executed this agreement on the date set out at the beginning of this agreement. Signed in the presence of: ) ) ) Witness ) Employee ) ) ) Her Majesty the Queen in the ) ) Per. Right of the Province of Nova Scotia ) Witness ) Deputy Minister, Finance and Treasury Board ) ) ) Witness ) Commissioner, Public Service Commission ) ) Per: ) Witness ) (name of deputy) ) Deputy Minister, Originating Department Page 14 of 16

31 Chapter 2: Attraction, Recruitment and Selection 2.1 Personal Services Contract Policy Appendix 2-1B Requirements respecting the Form and Content of Compensation Frameworks submitted for Approval 1) Compensation frameworks must include at least the following elements: a) A table setting out the job categories/levels governed by the framework, including information with respect to: i) the salary ranges associated with each category/level (annualized maximum and minimum salaries), ii) subcategories/steps (if any) within each category/level, and iii) the current number of positions within each category/level. * b) A description of the manner in which categories/levels and salary ranges were developed. c) If applicable, a description of how salary ranges are to be adjusted over time. For example, in accordance with economic adjustments approved by Executive Council for non-bargaining unit civil servants. d) A description of how individual employees are placed into and move through salary ranges. For example, based on performance, years of service, or changes in scope of responsibility. e) A description of the method used to determine the category/level of positions. For example, by conducting a Hay analysis. f) Where employees are eligible to receive variable pay (such as incentives, at risk pay or pay-for-performance) a description of when and how such payments will be determined. Specifically, i) the process for approving variable pay (who assesses performance and who approves the payment?); ii) the evaluation criteria/measures used to assess performance; iii) expected payments (either as a percentage or dollar amount) at each of the following levels: (1) minimum (describe the lowest possible payment other than zero and explain the rationale for it); Page 15 of 16

32 Chapter 2: Attraction, Recruitment and Selection 2.1 Personal Services Contract Policy (2) target (describe the payment if all required results are achieved); and (3) maximum (describe the payment if performance exceeds objectives). g) A description of all benefits and perquisites provided to employees together with their approximate values, including information as to which are wholly funded by the agency. For example, pension benefits, health and dental benefits, pay-for-performance, fitness memberships, parking, professional dues, termination benefits, and any unusual leave provisions. Where benefits and perquisites provided to agency employees vary significantly from those provided to employees of the Nova Scotia government, a rationale for the differences should be provided. 2) In general, compensation frameworks must not permit the payment of: a) bonuses b) car allowances c) termination benefits that exceed those to which employees would be entitled at common law In exceptional circumstances, Executive Council may approve such payments where they are recommended by the Minister responsible for the agency. * In general, agencies need not seek approval to change the number of positions within a category/level. However, any such changes should be reflected when updated versions of the compensation framework are filed or when amended versions are submitted for approval. Page 16 of 16

33 2.3 Employment Equity Policy Chapter 2: Attraction, Recruitment and Selection 2.3 Employment Equity Policy Policy Statement The is committed to being a workforce that is free of discrimination, values diversity and is representative, at all job levels, of the designated groups: Aboriginal People, African Nova Scotians and Other Racially Visible Persons, Persons with Disabilities and Women in occupations or positions where they are under-represented. Members of the designated groups have historically faced barriers to employment and advancement in all sectors. The Employment Equity Policy will continue to improve representation of designated groups within the public sector, at all levels. The policy also reflects the Corporate Human Resource Values of respect, integrity, diversity, accountability and the public good. Definitions ABORIGINAL PEOPLE Persons who identify themselves as status Indian, non-status Indian, Inuit, or Metis. AFRICAN NOVA SCOTIANS Persons who identify themselves as indigenous black Nova Scotians. CULTURAL COMPETENCE Attitudes, behaviours and policies which enable employees and organizations to work effectively in cross-cultural situations. DEPARTMENT Department, office and public service entity established by the Government of Nova Scotia, as identified under Category 1 in Appendix 1-A of the Management Manuals Policy. DEPUTY HEAD Means the deputy of the member of the Executive Council presiding over a department and all others whom the Governor-in-Council from time to time designates as having the status of deputy head. 2-25

34 Chapter 2: Attraction, Recruitment and Selection 2.3 Employment Equity Policy DESIGNATED GROUPS Aboriginal People, African Nova Scotians and Other Racially Visible Persons, Persons with Disabilities and Women in occupations or positions where they are underrepresented. DESIGNATED POSITIONS Positions which are limited to applicants from the designated groups under the Employment Equity Policy. DIVERSITY Recognition of each of our characteristics and what makes us distinct from each other, including, age, language, culture, race, ethnicity, sexual orientation, gender, abilities and religious or spiritual beliefs. EMPLOYMENT EQUITY Equitable representation is achieved in a workforce when, in all occupational categories and at all levels of employment, the representation of the designated groups is reflective of the working age population. EQUITY Fair treatment of people by acknowledging and making provision for their differences in a process that is free of systemic barriers. FAIRNESS An accessible, consistent and transparent process that is impartial based on principles of merit and equity. INCLUSIVE All employees feel valued and a sense of belonging in an organization that applies the principles of equity and fairness in all aspects of its policies, practices and procedures. MERIT The factors to be considered when assessing merit include: education, experience, skills, knowledge, personal attributes, and where applicable, years of service. Relative merit among applicants is determined by screening to ensure applicants meet the requirements advertised for the position, and based on the factors of merit and equity, conducting selection assessments to identify a ranked order of candidates. PERSONAL ATTRIBUTES Job-related qualities required for the position; examples include flexibility, initiative, and reliability. 2-26

35 Chapter 2: Attraction, Recruitment and Selection 2.3 Employment Equity Policy PERSONS WITH DISABILITIES Persons who, for the purposes of employment, identify themselves or believe that an employer or potential employer is likely to consider that the workplace environment may create a barrier due to a long-term or recurring physical, mental, sensory, psychiatric, or learning impairment. RACIALLY VISIBLE PERSONS Persons, other than Aboriginal people, who are non-caucasian in race or non-white in colour. REASONABLE ACCOMMODATION Human Rights legislation requires that employers have a duty to accommodate by providing reasonable accommodation to support the special needs of all employees, for example, improving accessibility to the workplace, religious observance, and alternative work arrangements. Reasonable imparts a duty to accommodate unless it would impose undue hardship on the employer. UNDUE HARDSHIP Is determined on a case-by-case basis taking into consideration many factors which include, safety, financial cost, employee morale, operational requirements and the impact on collective agreement provisions. It is recognized that the use of the term undue implies that some hardship is acceptable. WOMEN Refers to women in occupations or positions where they are under-represented. Policy Objectives This policy is designed to promote an inclusive, culturally competent workforce that values diversity; assist with the identification and removal of systemic barriers to employment and advancement of members of the designated groups; and achieve a workforce where the designated groups are equitably represented. Application This policy applies to all civil servants whose terms and conditions are set out in accordance with the Civil Service Act and Regulations, and other direct employees of the provincial government, including all bargaining unit employees. 2-27

36 Chapter 2: Attraction, Recruitment and Selection 2.3 Employment Equity Policy Directives JOB POSTINGS Each job posting shall contain a statement that promotes a culture that values diversity and a welcoming message to encourage applications from members of the designated groups. ACCOMMODATION Departments shall provide reasonable accommodation to applicants, candidates and employees. SELECTION PANELS Departments should make every effort to have a member of a designated group on Selection Panels when a candidate has identified as a member of a designated group. Departments can contact the Diversity Management Unit at the Public Service Commission if they are having difficulty identifying a panel member. SELECTION Selection shall be based on the principles of merit, fairness and equity. WORKFORCE SELF-IDENTIFICATION SURVEY A Workforce Self-Identification Survey form shall be provided to new employees upon appointment. The Public Service Commission will maintain the individual survey results as confidential information to the extent possible by law. WORKFORCE PROFILE The information obtained through the confidential Workforce Self-Identification Survey shall be used to develop a workforce profile of the designated groups. IDENTIFICATION & REMOVAL OF BARRIERS(EMPLOYMENT SYSTEM REVIEWS) Each department shall continually monitor their employment systems to identify and remove barriers to employment, retention and advancement for members of the designated groups. EMPLOYMENT EQUITY PLANS Each Department shall develop a three-year Employment Equity Plan that will identify quantitative and qualitative equity goals and measures designed to both improve the representation of the designated groups and to build a corporate culture that values diversity, is inclusive and is culturally competent. These plans will be developed each year for the upcoming three-year period. The plans should include a reasonable timetable for achieving the stated goals. 2-28

37 Chapter 2: Attraction, Recruitment and Selection 2.3 Employment Equity Policy EMPLOYMENT EQUITY PROGRESS REPORT Each Department shall submit an annual Employment Equity Progress Report to the Public Service Commissioner regarding their Employment Equity Plan. COMMUNICATION Each Department should develop and implement a communication plan to support their employment equity goals. The communication plan should include communication of the Departmental employment equity goals and 3-year plans with staff of the Department and be posted on the Departmental website. Departmental profile information shall be in compliance with the Workforce Profile Privacy Impact Protocol. EDUCATION Each department shall ensure employees participate in mandatory Diversity and Employment Equity training. Guidelines Guidelines have been developed, and will be updated as required, to assist departments with implementation and administration of the Employment Equity Policy. Accountability MINISTER RESPONSIBLE FOR THE PUBLIC SERVICE COMMISSION The Minister of the Public Service Commission is accountable to: keep the Executive Council advised of the Employment Equity Policy and programs; and table an Employment Equity Progress Report for the previous fiscal year annually in the Legislature. PUBLIC SERVICE COMMISSIONER The Public Service Commission, through the office of the Public Service Commissioner, is accountable to: enter employee information provided in the Workforce Self-Identification Survey into the SAP-HR system; provide workforce profile information to departments; maintain and analyze corporate data on the representation of the designated groups in the civil service; provide guidance to departments concerning the implementation and administration of the Employment Equity Policy; 2-29

38 Chapter 2: Attraction, Recruitment and Selection 2.3 Employment Equity Policy develop and update, as required, hiring policies, procedures and practices to ensure fair and equitable access to employment and promotion for members of the designated groups; prepare an annual Corporate Employment Equity Progress Report; maintain a Diversity Round Table consisting of representatives of the Public Service Commission, Departments and employees of the bargaining units to whom this policy applies and consult with the Round Table on matters pertaining to diversity and employment equity; and monitor the Employment Equity Policy and make any changes to the policy as deemed necessary. DEPUTY HEADS The Deputy Head of each Department is accountable to: establish an environment that is supportive of diversity and employment equity; maintain and analyze employment equity data on the representation of the designated groups within their department; establish quantitative and qualitative goals to achieve a representative department; analyze and monitor employment systems to identify and remove barriers to employment, retention and advancement for members of the designated groups; develop, and submit annually to the Public Service Commissioner, a three-year Employment Equity plan; ensure that the Employment Equity Plan is implemented and monitor the results of this plan; submit annually an Employment Equity Progress Report to the Public Service Commissioner; and develop and implement a communication plan to support departmental employment equity goals. DIRECTORS OF HUMAN RESOURCES Directors of Human Resources are accountable to: ensure that all employees are provided with, and are encouraged to complete, a Workforce Self-Identification Survey questionnaire; ensure hiring managers are aware of the organization s employment equity goals; ensure hiring proceeds on the basis of merit, fairness and equity; and ensure human resources and management staff are trained in the accommodation process. 2-30

39 Chapter 2: Attraction, Recruitment and Selection 2.3 Employment Equity Policy SUPERVISORS AND MANAGERS Supervisors and Managers are accountable to: ensure a welcoming and respectful environment for all employees; ensure that all employees attend mandatory Diversity and Employment Equity training and attend any training as required; support department efforts to improve the representation of designated groups in the workplace. EMPLOYEES Employees are accountable to: ensure a welcoming and respectful environment for all employees; attend mandatory Diversity and Employment Equity training; and participate in the accommodation process when accommodations are required. Employees are encouraged to complete the on-line Workforce Self-Identification Survey or return a completed survey questionnaire to the Public Service Commission. Monitoring The Public Service Commission will be responsible for monitoring the effectiveness and consistent application of this policy. The Public Service Commission may periodically conduct audits of department practices and require access to data maintained by departments with respect to this policy. References Canadian Charter of Rights and Freedoms Nova Scotia Human Rights Act Nova Scotia Civil Service Act and Regulations Nova Scotia Fair Hiring Policy Nova Scotia Interpreter Services Policy Collective Agreement between the Province of Nova Scotia and the Nova Scotia Government and General Employees Union Collective Agreement between Nova Scotia Department of Transportation and Infrastructure Renewal and the Canadian Union of Public Employees (Local 1867) Collective Agreement between Nova Scotia Department of Justice and the Nova Scotia Government and General Employees Union (Local 480) 2-31

40 Chapter 2: Attraction, Recruitment and Selection 2.3 Employment Equity Policy Enquiries General Enquiries, Public Service Commission (902) Approval date: February 28, 2008 Effective date: October 1, 2008 Approved by: Executive Council Administrative update: June 26,

41 Chapter 2: Attraction, Recruitment and Selection 2.4 Secondment Policy 2.4 Secondment Policy Policy Statement The is committed to using secondments in order to provide career development opportunities for employees and to achieve flexibility in the staffing process to meet the short-term needs of departments. Definitions DEPARTMENT Any department, agency, board, or commission established by the Government of Nova Scotia as defined in Appendix 2-C. EMPLOYEE A civil servant employed by the who is not a bargaining unit employee and whose terms and conditions of employment are set out in accordance with the Civil Service Act and regulations. LENDING ORGANIZATION The organization where the employee resides prior to the commencement of the secondment. NON-PUBLIC SERVICE ENTITY An employer who is not a participating member of the Public Service Superannuation Plan. ORGANIZATION Any department, agency, board, or commission as defined in Appendix A of the General Civil Service Regulations to the Civil Service Act, public service entity or any non-public service entity. PUBLIC SERVICE ENTITY An employer listed in Appendix 2-C or Appendix 2-D. RECEIVING ORGANIZATION The organization where the employee resides during the term of the secondment. REGULAR POSITION Employee s position with the lending organization. 2-33

42 Chapter 2: Attraction, Recruitment and Selection 2.4 Secondment Policy SECONDMENT The voluntary movement of an employee into another job for a period of time of up to two years to undertake duties and responsibilities in accordance with agreed-upon terms and conditions. SHORT-TERM Period of time greater than 6 months and less than 24 months. WORK-FORCE REDUCTION When the services of an employee are no longer required because of shortage of work or funds or because of the discontinuance of a function or program. Policy Objectives A secondment assignment provides a means for facilitating employee professional development and responding to short-term corporate staffing needs for immediate project or program expertise. The goals of the Secondment Policy are to efficiently utilize employees with high potential for professional development provide an avenue for employees to meet their identified career development needs promote line, central agency, and regional experience facilitate the exchange of information between departments, other jurisdictions, and private sector provide support to departments to meet short-term staffing needs for project or program expertise Application This policy applies to all civil servants who are not bargaining unit employees and whose terms and conditions of employment are set out in accordance with the Civil Service Act and regulations. Policy Directives GENERAL All departments will actively promote and support the use of secondments. Both the manager and the employee are encouraged to identify secondment opportunities. A secondment is established through a formal agreement that is signed by the employee and the deputy ministers or designates of the lending and receiving organizations. 2-34

43 Chapter 2: Attraction, Recruitment and Selection 2.4 Secondment Policy A secondment may be within the same department, to another department within the, to a public service entity, or to a non-public service entity. SECONDMENT AGREEMENT Seconded Employees The deputy ministers or designates of the lending and receiving organizations and the seconded employee must sign a Secondment Agreement in accordance with the template provided at Appendix 2-E. For the protection of all parties and to ensure consistency in the secondment arrangements, all Secondment Agreements involving employees must be submitted to the Commissioner of the Public Service Commission for signature and final approval. An extension of a Secondment Agreement must be prepared in accordance with the Secondment Agreement Extension template found in Appendix 2-F. Secondment of an Individual Who Is Not an Employee into a Department Where a department supports a secondment into the department of an individual who is not an employee, the Secondment Agreement template in Appendix 2-E may be used, subject to the requirement that the agreement be amended to remove any reference to the individual being a civil service employee for the period of the secondment. If the lending organization has a secondment template, this may be used, subject to the requirement that it reflects the principles of the policy and the government s Secondment Agreement. METHODS OF SELECTION There are three main methods of selection for secondments. An employee is placed in a secondment opportunity as part of an identified succession management or professional development plan. An employee, with approval from his/her manager, is self-nominated for a specific secondment opportunity that relates to the employee s planned and approved professional development. A department requests the Human Resources Corporate Services Unit (HR CSU) to coordinate the selection of an employee suitable to undertake the secondment assignment through the normal competitive process. To the extent possible, secondment opportunities should be posted in the Employment Opportunities Bulletin in order to provide equal opportunity for employees. 2-35

44 Chapter 2: Attraction, Recruitment and Selection 2.4 Secondment Policy DURATION A secondment should be considered for assignments that are greater than 6 months and less than 24 months in duration. If necessary, an extension may be approved (including beyond the maximum identified above) with the consent of the parties to the Secondment Agreement using the Secondment Extension Template (Appendix 2-F). EMPLOYMENT STATUS During the term of the Secondment Agreement, the employee continues to be a civil service employee and maintains the rights and obligations provided to civil servants under the Civil Service Act and regulations. SALARY AND BENEFITS Salary Unless otherwise agreed to by both the lending and receiving organizations, the receiving organization is responsible for paying the employee the salary of his/her regular position including any increases the employee would normally be entitled to under the Compensation System. Benefits The receiving organization is responsible to pay the employer s contribution towards all civil service benefits normally received by the employee. For an employee who is seconded to a non-public service entity, the calculation of benefits is based upon the salary received by the employee in their regular position irrespective of whether the employee is provided with a higher salary during the secondment period (for greater certainty, for the purpose of the Public Service Superannuation Act and Section 84 of the regulations made pursuant to the Civil Service Act, the employee s salary for the period of the secondment is that which would have been earned if the employee had remained with the lending organization in their regular position). The employee will continue to earn sick leave, vacation leave and Public Service Award credits at the regular rate in accordance with the provisions of the Civil Service Act and regulations. Position without MCP or Other Excluded Civil Service Classification If the employee is seconded to a position that has no MCP or other Excluded Civil Service Classification determined for it, the Public Service Commission and receiving organization shall jointly determine the MCP level for the position. 2-36

45 Chapter 2: Attraction, Recruitment and Selection 2.4 Secondment Policy Position for Which Salary Is Higher Than Employee s Current Position If an employee is seconded to a position that is classified at a higher level and higher level of pay than his or her regular position, the receiving organization will provide the employee with a temporary reclassification in accordance with the Civil Service Act and regulations. Memorandum of Understanding between the Government of Canada and the for a Developmental Interchange Program The secondment of an employee to the federal government is governed by the terms of this policy in addition to the Memorandum of Understanding between the Government of Canada and the for a Developmental Interchange Program and Program Outline (Appendix 2-G). RECORDING FTES FOR INTERNAL AND EXTERNAL SECONDMENTS Guidelines for recording FTEs for internal and external secondments within the public service of Nova Scotia will be issued by Treasury Board. MAINTENANCE OF EMPLOYEE PERSONNEL FILE The receiving organization will maintain records related to employment of the employee for the duration of the Secondment Agreement. The receiving organization will provide a performance evaluation on the employee periodically and prior to the end of the secondment. The receiving organization will transfer the employment records relating to the employee s secondment to the lending organization (which maintains the Employee Master File) upon completion of the secondment. TERMINATION OF SECONDMENT The secondment may be terminated by any of the parties with 30 days notice to the other parties. Upon termination of the secondment, the lending organization agrees to provide the employee with a position equivalent to and at the same classification and pay level as if the secondment had not been in place. This is subject to the exception that if the lending organization is subject to workforce reductions that would result in the employee being laid off if the employee had not been on secondment, pursuant to this agreement, the employee will at the time of the termination of the secondment, be entitled to the benefits as provided in the Civil Service Act and regulations. 2-37

46 Chapter 2: Attraction, Recruitment and Selection 2.4 Secondment Policy Accountability PUBLIC SERVICE COMMISSION The Commissioner of the Public Service Commission has responsibility for approving Secondment Agreements involving employees to ensure consistency with the policy requirements. DEPUTY HEADS Deputy heads have responsibility for ensuring compliance with the requirements established for secondment arrangements. HUMAN RESOURCES DIVISIONS/CORPORATE SERVICES UNITS The Human Resources Corporate Services Units are responsible to assist Departments with arrangements pertaining to a secondment assignment. SECONDED EMPLOYEE The seconded employee is responsible to report to and take direction from the Receiving Organization for the period of the secondment. Monitoring The Public Service Commission has responsibility for conducting periodic reviews of department practices to determine compliance with the requirements established for secondment arrangements. References Civil Service Act and regulations Public Service Superannuation Act 500: Fair Hiring Policy Salary Determination Policy Excluded Classification (EC) Merit Pay Policy Temporary Assignment Policy Performance Management Policy Employee Personnel Records Policy Enquiries Strategic Support Services, Public Service Commission (902)

47 Chapter 2: Attraction, Recruitment and Selection 2.4 Secondment Policy Appendices APPENDIX 2-C Departments, Agencies, Boards, and Commissions Established by the Government of Nova Scotia That Participate in the Public Service Superannuation Plan APPENDIX 2-D Public Service Entities Participating in the Public Service Superannuation Plan APPENDIX 2-E Secondment Agreement APPENDIX 2-F Secondment Agreement Extension APPENDIX 2-G Memorandum of Understanding between the Government of Canada and the for a Developmental Interchange Program and Program Outline Approval date: January 23, 2003 Effective date: January 23, 2003 Approved by: Executive Council Administrative update: June 26,

48 Chapter 2: Attraction, Recruitment and Selection 2.4 Secondment Policy Appendix 2-C Departments, Agencies, Boards, and Commissions Established by the that Participate in the Public Service Superannuation Plan Departments Department of Agriculture Department of Communities, Culture and Heritage Department of Community Services Department of Economic and Rural Development and Tourism Department of Education Department of Energy Department of Environment Department of Finance Department of Fisheries and Aquaculture Department of Health and Wellness Department of Intergovernmental Affairs Department of Justice Department of Labour and Advanced Education Department of Natural Resources Department of Seniors Department of Service Nova Scotia and Municipal Relations Department of Transportation and Infrastructure Renewal Agencies, Boards, and Commissions Communications Nova Scotia Conserve Nova Scotia Democracy 250 Emergency Management Office Executive Council Executive Council office Office of Aboriginal Affairs Office of Acadian Affairs Office of African-Nova Scotian Affairs Office of Policy and Priorities 2-40

49 Chapter 2: Attraction, Recruitment and Selection 2.4 Secondment Policy Office of the Premier Public Service Commission Treasury Board Office Voluntary Planning FOIPOP Review Office Human Rights Commission Legislative Services Office of Legislative Council Office of the Speaker Nova Scotia Advisory Council on the Status of Women Nova Scotia Arts Council (inactive) Nova Scotia Pension Agency Nova Scotia Police Review Board Nova Scotia Securities Commission Nova Scotia Utility and Review Board Office of the Auditor General Office of Immigration Office of the Ombudsman Public Prosecution Service Senior Citizens Secretariat Sydney Tar Ponds Agency Office of Immigration Office of the Ombudsman Public Prosecution Service Sydney Tar Ponds Agency (STPA) 2-41

50 Chapter 2: Attraction, Recruitment and Selection 2.4 Secondment Policy Appendix 2-D Public Service Entities Participating in the Public Service Superannuation Plan Atlantic Provinces Special Education Authority (APSEA) Canada-Nova Scotia Offshore Petroleum Board Chignecto-Central School Board Dalhousie University Film Nova Scotia InNOVAcorp Nova Scotia Business Inc. Nova Scotia Community College Nova Scotia Gaming Corporation Nova Scotia Governmenta Employees Union Nova Scotia Highway Workers Union Nova Scotia Legal Aid Commission Nova Scotia Liquor Corporation Nova Scotia Municipal Finance Corporation Nova Scotia Office of Economic Development Nova Scotia Public Service LTD Plan Trust Fund Nova Scotia Utility and Review Board Property Valuation Services Corporation Province House Credit Union Province of Nova Scotia Sydney Tar Ponds Agency Trade Centre Limited Universite Sainte-Anne Waterfront Development Corporation Limited Workers Compensation Board of Nova Scotia District Health Authorities Annapolis Valley District Health Authority Cape Breton District Health Authority Capital Health District Authority 2-42

51 Chapter 2: Attraction, Recruitment and Selection 2.4 Secondment Policy Colchester East Hants Health Authority Cumberland Health Authority Eastern Regional Health Board IWK Health Centre Addiction Services Pictou County Health Authority South Shore District Health Authority South West Nova District Health Authority 2-43

52 Chapter 2: Attraction, Recruitment and Selection 2.4 Secondment Policy Appendix 2-E Secondment Agreement The following sets out the agreed terms and conditions for the Secondment of: ( Employee ) From: To: Department of ( Lending Organization ) Department of ( Receiving Organization ) 1. PURPOSE The Employee is seconded to the Receiving Organization from the Lending Organization to assume responsibilities as. 2. DURATION It is agreed that the Employee will assume responsibilities effective on and that the secondment will continue for with provision for extension subject to agreement of all the parties. ( ) months, 3. SALARY AND BENEFITS It is agreed that for the duration of the secondment, the Employee will receive the following: a) A salary of per annum and any increases the Employee would normally be entitled to under the Nova Scotia Government compensation system. b) All benefits accorded to civil service employees, including any changes occurring during the period of the secondment. If the Employee is seconded to a Non-Public Service Entity, the calculation of benefits is based upon the salary received by the Employee in his or her regular position irrespective of whether the Employee is provided with a higher salary during the secondment period (for greater certainty, for the purpose of the Public Service Superannuation Act and Section 84 of the regulations made pursuant to the Civil Service Act, the Employee s salary for the 2-44

53 Chapter 2: Attraction, Recruitment and Selection 2.4 Secondment Policy period of the secondment is that which would have been earned if the Employee had remained with the Lending Organization in his or her regular position). c) Salary and benefit costs for the Employee will be paid by the Receiving Organization. 4. EMPLOYMENT RECORDS The Receiving Organization agrees to maintain all records related to employment of the Employee and will provide a performance evaluation on the Employee periodically and prior to the end of the secondment period. The Receiving Organization will transfer the employment records relating to the Employee s secondment to the Lending Organization (which maintains the Employee Master File) upon completion of the secondment. 5. TERMINATION OF AGREEMENT a) It is agreed that during the term of this Agreement, the Employee is a civil service employee employed by the and maintains the rights and obligations provided to civil servants under the Civil Service Act and regulations. b) The secondment may be terminated by any of the parties with 30 days notice to the other parties. At the termination of the secondment, the Lending Organization agrees to provide the Employee with a position equivalent to and at the same classification and pay level as if the secondment had not been in place, except that if the Lending Organization is subject to workforce reductions that would result in the Employee being laid off if the Employee had not been on secondment pursuant to this Agreement, the Employee will, at the time of the termination of the secondment, be entitled to the benefits as provided in the Civil Service Act and regulations. 6. CONFLICT OF INTEREST POLICY The Employee agrees to be bound by the principles and purposes of the Conflict of Interest Policy in the Management Manual 500, Values, Ethics, & Conduct: A Code for Nova Scotia s Public Servants on the Public Service Commission website, and the Conflict of Interest Act (copies attached). 2-45

54 Chapter 2: Attraction, Recruitment and Selection 2.4 Secondment Policy Deputy Minister, [Lending Organization] Date Deputy Minister, [Receiving Organization] Date [Employee] Date Commissioner, Public Service Commission Date Attachments: Conflict of Interest Policy Values, Ethics, & Conduct: A Code for Nova Scotia s Public Servants Conflict of Interest Act 2-46

55 Chapter 2: Attraction, Recruitment and Selection 2.4 Secondment Policy Appendix 2-F Secondment Agreement Extension The following sets out the agreed terms and conditions for the extension of the Secondment of: ( Employee ) From: Department of ( Lending Organization ) To: Department of ( Receiving Organization ) The above parties entered into a Secondment Agreement dated, which was effective from to (the original Secondment Agreement ): The Parties wish to extend the original Secondment because:. The Parties agree as follows: The original Secondment Agreement is extended to, with all of the terms and conditions of the original Secondment Agreement remaining in full force and effect. Deputy Minister, [Lending Organization] Date Deputy Minister, [Receiving Organization] Date [Employee] Date Commissioner, Public Service Commission Date 2-47

56 Chapter 2: Attraction, Recruitment and Selection 2.4 Secondment Policy Appendix 2-G Memorandum of Understanding Between the Government of Canada and the Government of Nova Scotia for a Developmental Interchange Program WHEREAS the Parties wish to provide opportunities for development and continuous learning which assists in the maintenance of employee motivation and commitment; WHEREAS the Parties wish to adopt measures to encourage and facilitate interjurisdictional movement of employees; WHEREAS exchanges of public servants foster the sharing of learning; infuse new perspectives required for innovation and enable better results through the inclusion of broader, more diversified perspectives; and WHEREAS exchanges of public servants will enhance mobility and provide an invaluable opportunity to develop and diversify expertise. The GOVERNMENT OF CANADA (Canada), represented by the Clerk of the Privy Council and Secretary to Cabinet and the GOVERNMENT OF NOVA SCOTIA, represented by the Deputy Minister of the Department of Human Resources of NOVA SCOTIA, hereinafter designated the Parties, do hereby declare the establishment of the CANADA/NOVA SCOTIA DEVELOPMENTAL INTERCHANGE. I. Purpose The purpose of the Canada/Nova Scotia Developmental Interchange is to provide a framework through which public servants are temporarily exchanged between the Government of Canada and the for the mutual benefit of all Parties to develop feeder groups and executive development. II. Objectives 1. To strengthen and complement existing public service development programs, provide a diversity of experience through challenging on the job assignments; 2-48

57 Chapter 2: Attraction, Recruitment and Selection 2.4 Secondment Policy 2. to share expertise between the respective levels of government with the aim of improving knowledge of public sector management; 3. to increase ability to identify ways of working collaboratively and developing partnerships for more effective and efficient service to the public; 4. to enhance inter-jurisdictional mobility within a geographic area. III. Scope This agreement applies to all developmental assignments involving exchanges of public servants between the departments and agencies of the respective governments. IV. Definition EXCHANGE Exchange means the assignment of a public servant to one of the governments party to this agreement for a specified period and specified assignment. The exchange does not require a reciprocal or direct exchange of two individuals. Over the course of the agreement, it is expected that there will be reciprocity in the number of exchanges between the two governments. V. Implementation The Parties, using the auspices of the Nova Scotia Federal Council supported by the Interchange Canada Program of the Public Service Commission of Canada for the Government of Canada and the Department of Human Resources for the are responsible for administering and coordinating the implementation of this agreement. VI. Financing Each government will continue to pay the salary and employer-paid benefits of its own public servant assigned to the other. Reimbursement of remuneration to the sponsoring organization by the host organization may be determined by the Parties on a case by case basis. Relocation expenses are shared equally by the two governments, in a manner agreed upon by the Parties. The cost of work-related travel is borne by the host organization. 2-49

58 Chapter 2: Attraction, Recruitment and Selection 2.4 Secondment Policy VII. General Provisions The Parties agree to actively identify candidates with a profile of their developmental needs, to identify challenging assignments that will ensure development of new skills and to provide the necessary on-the-job orientation, training, and evaluation. For this purpose, a committee, co-chaired by the Parties with secretariat services provided by the Interchange Canada Program, will meet once a year to review and assess exchanges to date, to evaluate assignments, to identify candidates and assignment possibilities for the coming year and to recommend the necessary adjustments. VIII. Responsibilities General responsibilities are enumerated under the attached program outline. Responsibilities of the Parties for each assignment shall be enumerated in an individual letter of understanding. IX. Duration This Memorandum of Understanding is for three years from the date it is signed, after which it will be renewed automatically for equivalent periods, unless six months notice to the contrary is given by either party. ISSUED in Halifax, this 23 day of July, 1998, in duplicate, in the English and French languages, each version being equally valid. On behalf of the Government of Canada On behalf of the Original signed Jocelyne Bougon Clerk of the Privy Council and Secretary to the Cabinet Original signed Judith Sullivan-Corney Deputy Minister Department of Human Resources 2-50

59 Chapter 2: Attraction, Recruitment and Selection 2.4 Secondment Policy Canada/Nova Scotia Developmental Interchange Program Program Outline Purpose The Canada/Nova Scotia Developmental Interchange provides a framework for the temporary exchange of public servants between the federal government and the provincial government of Nova Scotia. Objectives i) to strengthen and complement existing public service development programs and to provide a diversity of experience in different areas such as policy development, central agency experience, corporate services, line operations, exposure to the political level through challenging on-the-job assignments; ii) to share expertise between the respective levels of government with the aim of improving knowledge of public sector management; iii) to increase ability to identify ways of working collaboratively and developing partnerships for more effective and efficient service to the public; and iv) to enhance inter-jurisdictional mobility within a geographic area. Program MANAGEMENT The program will be managed jointly by the two parties. For the province, the Department of Human Resources will be the key contact. For the Government of Canada, the Regional Council, supported by the Interchange Program staff of the Public Service Commission, will be the guiding body. Where a provincially sponsored candidate comes to Ottawa for an assignment, the Privy Council Office (PCO) will be the co-ordinating body, in conjunction with the Public Service Commission. 2-51

60 Chapter 2: Attraction, Recruitment and Selection 2.4 Secondment Policy SELECTION CRITERIA As the purpose of this program is developmental, in general, candidates will be identified first, although there may be occasions where assignments are identified and a candidate sought. When a candidate is identified, there will be a developmental profile written, outlining the kind of experience/training/skills development required and the type of assignment being sought. For example, the candidate may require experience in a line operations function, a policy development role, or a central agency experience. Following this, each participating organization will identify assignments for interchanges which might meet the needs of the candidate, but provide value-added resources for the receiving agency. Eligibility for the program shall be determined by each participating organization; it is expected that only middle to senior executives or professionals will be selected. Negotiation of interchanges will be based upon strategic priorities of the governments and will have clearly stated objectives. Each participating organization will identify one person to solicit opportunities from host governments and match participants to same. It is not necessary that there be a one-to-one exchange of employees between governments. LETTER OF UNDERSTANDING FOR INDIVIDUAL ASSIGNMENTS Once an assignment has been identified, and a candidate selected, an individual letter of understanding will be written, outlining the objectives of the assignment, and the specific terms of the assignment (length, reporting, cost-sharing arrangements). DURATION Terms of interchanges will vary as appropriate but will generally be 6 to 24 months. COSTS During the interchange period, the sponsoring jurisdiction will continue to pay salary and benefits of their participating employee. Reimbursement of remuneration to the sponsoring organization by the host organization may be determined by the parties on a case-by-case basis. EVALUATION To ensure that the program effectively achieves the goals set out for it, and to ensure that those goals remain current, there shall be a two-step evaluation process. First, the host organization and participant will each prepare an evaluation immediately following the completion of the interchange. Secondly, the Regional Council and the 2-52

61 Chapter 2: Attraction, Recruitment and Selection 2.4 Secondment Policy Department of Human Resources of Nova Scotia shall conduct a comprehensive review of the entire program after three years. Implementation The Public Service Commission of the Province of Nova Scotia and the Regional Council, in consultation with the PSC, for the federal government are responsible for implementing the program. Each partner: identifies strategic priorities for the program for their level of government; matches assignments to nominees and negotiates individual letters of understanding among hosts, sponsors, and participants; ensures that participants understand the objectives of their assignments and oversees the conduct of participant orientation programs; follows up and monitors assignments throughout and following the assignment period; and maintains a fund to reimburse participants travel and moving expenses (for the federal government, this will be paid by the sponsoring department). SPONSORING ORGANIZATION The sponsoring organization nominates individuals to participate in the program. They maintain the participants employee status, continue their pay and benefit packages, and plan the re-entry of participants to the sponsoring organization so as to maximize benefits to the sponsor from the assignment. After the participant has re-entered the sponsor organization, the sponsor prepares a follow-up evaluation on how the interchange has been of benefit to the organization and the participant. HOST ORGANIZATION The host organization develops challenging assignment opportunities in consultation with the sponsor. The host reimburses the sponsor for costs as outlined in the Letter of Understanding. The host provides participants with an effective orientation to the organization and adequate supervision and conducts an annual performance appraisal. At the completion of the assignment, the host submits an evaluation to the sponsor organization. PARTICIPANT The participant understands the sponsor s objectives for the assignment and ensures that the assignment meets those needs. The participant maintains regular contact with his/her sponsoring organization and prepares an annual progress report and/or postassignment report on the achievement of the overall assignment objectives. 2-53

62 Chapter 2: Attraction, Recruitment and Selection 2.4 Secondment Policy Priorities for the Federal Public Service Priority for selection will be given to federal public servants in the following groups: i) candidates in the Accelerated Executive Development Program (AEXDP) or Pre- Qualified Pool (PQP) program requiring developmental assignments as determined in their individual learning plans; ii) participants in the Career Assignment Program (CAP) or Management Trainee Program (MTP); or iii) candidates nominated by their department in consultation with the Regional Council for developmental purposes. 2-54

63 Chapter 2: Attraction, Recruitment and Selection 2.5 Fair Hiring Policy 2.5 Fair Hiring Policy Policy Statement The is committed to fair hiring practices. Hiring activities in the are based on the principles of merit, and guided by public service values that include respect, integrity, diversity, accountability and the public good. Definitions APPLICANT A person that submits his or her resume as application in response to the advertised job posting. BACKGROUND CHECKS The collection of information from third parties about the candidate s background as it relates to assessing the candidate s suitability for employment. CANDIDATE An applicant who has been short-listed as having met the requirements of the position. CONFLICT OF INTEREST As defined in the Conflict of Interest Policy, conflict of interest exists when the duties and responsibilities of an employee are or potentially could be compromised by his or her personal and private interests. A conflict of interest may be real, apparent or perceived. Real conflict of interest exists when the employee has knowledge of a private interest economic or otherwise that could influence the exercise of his or her public duties and responsibilities. Apparent or perceived conflict of interest exists when the employee is in a situation in which a reasonably well-informed person could properly have a reasonable apprehension that a conflict of interest exists, even when there may not be a conflict. DEPUTY HEAD Deputy Head means the deputy of the member of the Executive Council presiding over a department and all others whom the Governor in Council from time to time designates as having the status of deputy head. 2-55

64 Chapter 2: Attraction, Recruitment and Selection 2.5 Fair Hiring Policy DEPARTMENTS Any department, office or public service entity established by the Government of Nova Scotia, as identified under Category 1 in Appendix 1-A of the Management Manuals Policy. EMPLOYEE An employee as defined in the Civil Service Act; an employee as defined in the Highway Workers Collective Bargaining Act; any other person directly employed by the Province of Nova Scotia. EQUITY Fair treatment of people by acknowledging and making provision for their differences in a process that is free of systemic barriers. EMPLOYMENT EQUITY Equitable representation is achieved in a workforce when, in all occupational categories and at all levels of employment, the representation of the designated groups is reflective of the working age population. FAIR HIRING PROCESS An accessible, consistent and transparent process that is impartial based on principles of merit and equity. IMMEDIATE FAMILY Includes father, mother, step-parents, brother, half-brother, step-brother, sister, halfsister, step-sister, spouse, child of the employee, father-in-law, mother-in-law, daughterin-law, son-in-law, brother-in-law, sister-in-law, step child, ward of the employee, grandparent or grandchild of the employee, and a relative permanently residing in the employee s household or with whom the employee permanently resides. MERIT The factors to be considered when assessing merit include: education, experience, skills, knowledge, personal attributes, and where applicable, years of service. Relative merit among applicants is determined by screening to ensure applicants meet the requirements advertised for the position, and based on the factors of merit and equity, conducting selection assessments to identify a ranked order of candidates. PERSONAL ATTRIBUTES Job-related qualities required for the position; examples include flexibility, initiative, and reliability. 2-56

65 Chapter 2: Attraction, Recruitment and Selection 2.5 Fair Hiring Policy Policy Objectives The objectives of the policy are to: Ensure that fair hiring practices are followed in the Ensure that hiring is based on the principle of merit Promote transparency, consistency, and accountability in the hiring process Support employment equity, to help government develop a workforce that is representative of the populations it serves. Application This policy applies to all civil servants whose terms and conditions are set out in accordance with the Civil Service Act and regulations, and other direct employees of the provincial government including all bargaining unit employees. If there is a conflict between this policy and the provisions of a collective agreement, the collective agreement will take precedence. Policy Directives OVERALL Recruitment and selection activities must be conducted in a manner that is fair, objective, consistent, equitable, non-discriminatory and legally defensible. Persons involved in the hiring process must possess the requisite knowledge and skills in order to effectively conduct recruitment and selection activities. Appropriate departmental authorizations must be obtained before a successful candidate can be appointed to the position. Hiring activities in the, unless otherwise prescribed by this policy, relevant collective agreement or regulatory provisions, or the Employment Equity Policy, must follow the guidelines for fair hiring as established by the Public Service Commission. A fair hiring process includes: Consistent recruitment and selection processes and consistent treatment of applicants and candidates throughout the processes Screening and selection criteria that are related to job requirements Consistent screening, selection criteria and evaluation of candidates for similar positions 2-57

66 Chapter 2: Attraction, Recruitment and Selection 2.5 Fair Hiring Policy Interviews, rating scales, answer keys, tests and related assessments, and reference checks that are impartial and relevant to the position Determination of a successful candidate that is based upon merit as outlined in this policy. Departments are required to discuss hiring options for casual employment opportunities with their Human Resources representative. This will include appropriate consideration of applications on file from qualified employment equity candidates. A fair hiring process, as outlined in this policy and in the guidelines for fair hiring established by the Public Service Commission, should be followed when filling casual employment opportunities. Exceptions must be approved by the Human Resources representative. Recruitment and selection activities must comply with relevant Human Rights legislation. Recruitment and selection must be based on assessing the person s ability to do the job and not be based on assessing the applicant s protected personal characteristics as set out in the Human Rights Act. Further details are outlined in the guidelines for fair hiring established by the Public Service Commission. Recruitment and selection activities must comply with relevant Freedom of Information and Protection of Privacy legislation. All parties involved must maintain confidentiality throughout the recruitment and selection processes for applicants and candidates. Further details are outlined in the guidelines for fair hiring established by the Public Service Commission. A competition file must be created to support hiring activities in the department. The competition file includes all necessary paperwork to support the recruitment and selection processes, and provides evidence of its results. HIRING OF RELATIVES Immediate family members are not to be employed in a department where there is potential for conflict of interest, or perceived conflict of interest, between the employee and the immediate family member. Hiring managers and selection panel members are required to disqualify themselves as participants in the selection process when their objectivity would be compromised, or perceived to be compromised, and/or where a candidate is a member of the employee s immediate family. The persons conducting interviews have a responsibility to make candidates aware of this provision and to inquire as to immediate family relationships that would exist if the candidate were to be appointed to the position. 2-58

67 Chapter 2: Attraction, Recruitment and Selection 2.5 Fair Hiring Policy BACKGROUND CHECKS To assess the candidate s suitability for employment, appropriate background checks are conducted prior to the candidate being identified as the successful candidate for the position. As a minimum, reference checks must be conducted. A department may also request verification of a candidate s education credentials. Additional background checks must be related to the requirements of the position, and may include: Criminal Records checks Child Abuse Registry checks Credit checks Driving record checks Others as required; e.g., medical clearance, community references and/or verification of professional association membership. Candidates must provide consent, in writing, prior to the department carrying out background checks. References must include recent supervisors who have worked with the candidate for a sufficient period of time to be able to offer an informed assessment, and may include others who have relevant knowledge about the candidate. References from immediate family members are not permitted. In the event that a candidate does not consent to having background checks completed for the position, it will adversely affect the candidate s results for the selection process. EXEMPT FROM COMPETITION The may make appointments to positions, which are not civil service positions, outside the Civil Service, including: Assistant Deputy Ministers Associate Deputy Ministers Chief Executive Officers of Agencies, Boards and Commissions Deputy Ministers Executive Assistants to Members of Executive Council Secretarial and Policy Advisory Personnel to Ministers; Office of the Premier; Executive Council Office; Treasury Board Office or the Office of Policy and Priorities. Such appointments may be made by Governor in Council, Ministerial appointment or by Personal Services Contract, without competition. 2-59

68 Chapter 2: Attraction, Recruitment and Selection 2.5 Fair Hiring Policy Accountability PUBLIC SERVICE COMMISSION The Public Service Commission is accountable for: Providing leadership in the development of policies and programs that support fair hiring within the Overseeing the delegation of staffing to deputy heads Providing advice, tools and support to deputy heads and hiring managers regarding recruitment and selection processes Promoting the as a single employer to potential applicants Encouraging departments to support career advancement of employees within and across departments Monitoring the effectiveness and consistent application of the policy, including conducting reviews and evaluations Modeling public service values of respect, integrity, diversity, accountability and the public good throughout the recruitment and selection processes DEPUTY HEADS Deputy Heads are accountable for: Providing leadership for the staffing authority within the department, ensuring that recruitment and selection is conducted in a manner that is consistent with this policy, Civil Service Act and regulations, and the applicable collective agreements Ensuring the policy and guidelines are integrated into their department s practices Serving as a champion for public service values of respect, integrity, diversity, accountability and the public good Informing the Public Service Commission, in a timely manner, of any complaints or areas of concern regarding recruitment and selection processes Ensuring a response to inquiries or complaints regarding the recruitment and selection processes Supporting the career advancement of employees within and across departments Delegating, where operationally feasible, responsibility for conducting recruitment and selection processes to the supervisory/management level in the department 2-60

69 Chapter 2: Attraction, Recruitment and Selection 2.5 Fair Hiring Policy HIRING MANAGERS AND SELECTION PANEL CHAIRPERSONS Hiring Managers and Selection Panel Chairpersons are accountable for: Conducting recruitment and selection processes in a manner that is consistent with this policy, Civil Service Act and regulations, and the applicable collective agreements Modeling corporate values of respect, integrity, diversity, accountability and the public good throughout the recruitment and selection processes Seeking out support and advice from their Human Resources representative throughout the recruitment and selection processes Communicating their department s recruitment and selection processes to applicants, to support transparency, openness, and accessibility Protecting confidentiality throughout the recruitment and selection processes for applicants and candidates Ensuring that selection panel members are made aware of the policy and understand its guidelines APPLICANTS AND CANDIDATES Applicants and candidates are accountable for: Ensuring that information submitted throughout the recruitment and selection processes is accurate and true to the best of their knowledge at the time of submission. Monitoring The Public Service Commission is responsible for monitoring the effectiveness and consistent application of this policy. The Public Service Commission may periodically conduct reviews or evaluations of practices and require access to data maintained with respect to this policy. References Nova Scotia Civil Service Act and Regulations Highway Workers Collective Bargaining Act Nova Scotia Human Rights Act Nova Scotia Freedom of Information and Protection of Privacy Act Canadian Charter of Rights and Freedoms Civil Service Master Agreement between Province of Nova Scotia and Nova Scotia Government and General Employees Union 2-61

70 Chapter 2: Attraction, Recruitment and Selection 2.5 Fair Hiring Policy Agreement between the Department of Transportation and Infrastructure Renewal and the Canadian Union of Public Employees and its Local 1867 Agreement between the Province of Nova Scotia, as represented by the Nova Scotia Public Service Commission, and the Nova Scotia Crown Attorney s Association Employment Equity Policy Conflict of Interest Policy Values, Ethics, and Conduct: A Code for Nova Scotia s Public Servants Guidelines for fair hiring as established by the Public Service Commission < novascotia.ca/psc/about/overview/publicationspolicies/> Enquiries Operations Support Unit, Public Service Commission (902) Approval date: February 28, 2008 Effective date: October 1, 2008 Approved by: Executive Council Administrative update: June 10,

71 Chapter 3: Total Compensation and Benefits

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73 Chapter 3: Total Compensation and Benefits 3.1 Salary Determination Policy 3.1 Salary Determination Policy Policy Statement This policy is designed to ensure fairness and consistency in application of the Civil Service Act and regulations that provide for determination of an employee s pay rate in a position in a classification that is excluded from bargaining. This policy describes how an employee s pay rate is determined upon appointment, promotion, demotion, reclassification, temporary assignment, or lateral transfer within the civil service. Definitions ACTING PAY A rate of pay up to 10% higher than an employee s base pay rate not to exceed the maximum for the position in which the employee is acting. APPOINTMENT The appointment of a person to a position in the civil service. BASE PAY The regular bi-weekly pay rate for an employee s position exclusive of any pay adjustments or variable payments. CLASSIFICATION The rating of positions in the civil service by the Public Service Commission according to the character and importance of the work and the duties and responsibilities of the position. COMPA-RATIO An employee s base pay rate taken as a percentage of the job rate. DEMOTION An employee moves to a position which has a lower pay range maximum than the employee s immediate position. DEPARTMENT Any department, office, or public service entity established by the Government of Nova Scotia as identified in Schedule A of the General Civil Service Regulations. 3-1

74 Chapter 3: Total Compensation and Benefits 3.1 Salary Determination Policy DEPUTY HEAD The deputy of the member of the Executive Council presiding over a department and all others whom the Governor in Council from time to time designates as having the status of deputy head. EMPLOYEE A civil servant employed by the who is not a bargaining unit employee and whose terms and conditions of employment are set out in accordance with the Civil Service Act and regulations. JOB RATE 100% compa-ratio for the pay range. LATERAL TRANSFER An employee moves from one position to another which has an equivalent pay range maximum. PRESENT INCUMBENT ONLY (PIO) A form of salary protection where an employee retains their existing pay range after being placed or reclassified in a position with a lower pay range maximum. The employee continues to be eligible to receive all salary revisions and increment adjustments to which they would be entitled prior to the demotion. PROMOTION An employee moves to a position with a higher pay range maximum than the employee s immediate position. RECLASSIFICATION A position which an employee occupies is evaluated by the Public Service Commission resulting in a change in classification. TEMPORARY RECLASSIFICATION An employee is assigned a classification with a higher pay range maximum for a temporary period in accordance with the Temporary Assignment Policy. Policy Objectives To establish and document a framework for setting individual employee pay rates. To promote fairness and consistency of compensation practices. To clarify roles and responsibilities in salary determination. 3-2

75 Chapter 3: Total Compensation and Benefits 3.1 Salary Determination Policy Application This policy applies to all non-bargaining unit civil servants whose terms and conditions of employment are set out in accordance with the Civil Service Act and regulations in so far as it does not conflict with any other existing policies governing salary determination. Crown Attorneys pay rate upon appointment and promotion is determined in accordance with the Agreement between the Nova Scotia Public Service Commission and the Nova Scotia Crown Attorneys Association. Policy Directives Determination of a person s pay rate shall be in accordance with the General Civil Service Regulations and this policy. Departments are required to document all criteria used to determine salary on the Public Service Commission approved form. This documentation along with any required Public Service Commission approval, is to be maintained in the Employee s Personnel file. APPOINTMENT The pay rate for a person appointed to the Civil Service is the minimum rate prescribed for the position to which they are appointed. If it is determined by the Human Resources Consultant that a higher rate than the minimum pay rate prescribed for the position is necessary to effect the appointment, the following factors should be considered in determining the pay rate: previous salary of the person as it relates to the position to which they are being appointed; the knowledge, skills and abilities of the person in relation to those required by the position; and salary relationship to subordinates, peers, and supervisor. For determining the pay rate for positions in the Excluded Classification (EC) Pay Plan, use the Salary Range Zone Definitions attached as Schedule A. The pay rate will not exceed the maximum pay rate assigned to the position. For positions in the EC Pay Plan the maximum pay rate upon appointment is the job rate (100% compa-ratio). 3-3

76 Chapter 3: Total Compensation and Benefits 3.1 Salary Determination Policy PROMOTION An employee s pay rate on promotion to a position in a classification that has a higher pay range maximum shall be at the next higher rate or the minimum of the new classification, whichever is greater, than that received by the employee before the promotion. If it is determined by the Human Resource Consultant that a higher rate is necessary to effect the promotion than the minimum pay rate prescribed for the position, the following factors should be considered in determining the pay rate: the knowledge, skills and abilities of the person in relation to those required by the position; and salary relationship to subordinates, peers, and supervisor For determining the pay rate for positions in the Excluded Classification (EC) Pay Plan, use the Salary Range Zone Definitions attached as Schedule A. For positions in the EC Pay Plan, the pay rate will normally not exceed the job rate (100% compa-ratio). A pay rate that exceeds 100% compa-ratio requires the prior approval of the Public Service Commission, Compensation Division, on the approved Public Service Commission form. DEMOTION An employee s pay rate on demotion to a position in a classification with a lower maximum pay rate shall be the maximum pay rate for the new classification or if the maximum pay rate for the new classification is higher than the rate received by the employee immediately before the demotion, the highest pay rate for the new classification that is lower than or equal to the rate received by the employee immediately before the demotion. The Public Service Commission in its discretion, and for such time as it considers appropriate, may maintain the classification and pay rate of a position on a present incumbent only basis (PIO), or may require that the pay rate of the employee in the position be frozen, in one of the following circumstances: the employee is assigned the duties of a position that has a pay rate maximum lower than the pay rate being received by the employee at the time of the assignment; the employee s position is reclassified to a classification that has a pay range maximum lower than the pay rate in effect being received by the employee immediately before the reclassification. 3-4

77 Chapter 3: Total Compensation and Benefits 3.1 Salary Determination Policy In determining how an employee should be treated on demotion, refer to the Guide for Determining Pay Upon Demotion attached as Schedule B. Any determination of an employee s pay rate that is not provided for in the guide requires the prior approval of the Public Service Commission, Compensation Division. RECLASSIFICATION When a position is re-evaluated resulting in a higher classification, the employee s pay rate will be determined in accordance with the promotion directive of this policy. When a position is re-evaluated resulting in a lower classification, the employee s pay rate will be determined in accordance with the demotion directive of this policy. TEMPORARY RECLASSIFICATION When an employee is assigned to a higher classification for a temporary period in accordance with the Temporary Assignment Policy, the employee s pay rate will be determined in accordance with the promotion directive of this policy. All salary-related benefits, including pension, and contributions during the temporary assignment will be based on the employee s revised pay rate. The employee s pay will be readjusted at the end of the temporary reclassification to the pay the employee would have received if the assignment had not occurred. ACTING PAY Acting pay will be calculated on the basis of up to 10% of the employee s base pay. In no case shall the adjusted pay rate exceed the maximum rate of the higher-paying position. In determining the percentage of acting pay for employees in the EC Pay Plan, refer to the Guide for Determining Acting Pay attached as Schedule C. A pay rate that exceeds the equivalent of the job rate requires the prior approval of the Public Service Commission, Compensation Division, on the approved Public Service Commission form. All salary-related benefits and contributions during the acting pay period will be based on the employee s base pay except as provided for in the Public Service Superannuation Act, Section 2(j)(ii)(A) and (B). The employee s pay will be readjusted at the end of the acting pay period to the pay the employee would have received if the assignment had not occurred. 3-5

78 Chapter 3: Total Compensation and Benefits 3.1 Salary Determination Policy LATERAL TRANSFER When an employee is transferred to a position or a classification with the same pay range maximum, the employee will continue to be paid at the same pay rate. If an employee is transferred to a position that requires a different skill set than their current position, the employee s pay rate may be determined in accordance with the appointment directive of this policy. GUIDELINES Salary Range Zone Definitions Guide for Determining Pay Upon Demotion Guide for Determining Acting Pay ACCOUNTABILITY DEPUTY HEADS Deputy Heads are responsible for: ensuring departmental managers are familiar with this policy ensuring compliance with the policy. DEPARTMENT MANAGERS Department managers are responsible for being familiar with this policy. PUBLIC SERVICE COMMISSION The various divisions of the Public Service Commission are responsible as follows: Directors/Managers of Human Resources are responsible for: ensuring the responsibility/authority for determination of salary is only delegated to trained and competent personnel and hold these personnel accountable for their decisions; obtaining Public Service Commission approval as required by the policy; ensuring that any review/audit results of the policy directives are reviewed and appropriate action is taken. Human Resource Consultants are responsible for: determining an employee s pay rate in accordance with this policy; consistently administrating and applying this policy; maintaining all necessary documentation used in determining an employee s salary in the Employee s Personnel file 3-6

79 Chapter 3: Total Compensation and Benefits 3.1 Salary Determination Policy Public Service Commission, Compensation Division is responsible for: acting in an advisory capacity to human resource staff on issues of salary determination; approving pay rate adjustments that are in excess of established policy directives; approving demotions that result in present incumbent only and red-circle situations; monitoring and auditing the application of the policy directives. MONITORING The Public Service Commission is responsible for continuously monitoring the effectiveness and consistent application of this policy. The Public Service Commission may periodically conduct audits and evaluations of line Human Resources systems/ practices and will require access to personnel and data maintained by line Human Resources with respect to this policy. REFERENCES Civil Service Act General Civil Service Regulations Temporary Assignment Policy Public Sector Superannuation Act ENQUIRIES Public Service Commission Compensation Division Phone: (902) Appendices Schedule 3-A: Salary Range Zone Definitions Schedule 3-B: Guide for Determining Pay Upon Demotion Schedule 3-C: Guide for Determining Acting Pay Approval date: February 17, 2011 Effective date: February 17, 2011 Approved by: Executive Council Administrative update: June 26,

80 Chapter 3: Total Compensation and Benefits 3.1 Salary Determination Policy Schedule 3-A Salary Range Zone Definitions 3-8

81 Chapter 3: Total Compensation and Benefits 3.1 Salary Determination Policy Schedule 3-B Guide for Determining Pay Rate Upon Demotion INVOLUNTARY DEMOTION - JOB CHANGE An employee who is involuntarily placed in a lower classified job or whose own job is classified lower for reasons other than poor performance shall have their rate of pay maintained for a period of 6 months. At the end of the 6 month period, the following will apply: The employee shall be placed in the salary range for the lower classified job at the highest pay rate that is lower than or equal to the rate received by the employee immediately before the demotion. If this causes the employee to receive a decrease greater than 5%, the employee s rate will be reduced by 5% and frozen for a period of 6 months. This process will be repeated every 6 months until the employee s rate reaches the maximum of the lower classification. INVOLUNTARY DEMOTION - PERFORMANCE RELATED For an employee who is placed in a lower classified job due to poor performance the following shall apply: The employee s pay rate will be the maximum pay rate of the new classification. EC Pay Plan employee s pay rate will be the job rate (100% compa-ratio). If the employee s pay rate immediately before the demotion is lower than the maximum pay rate/job rate of the new classification, the employee s pay rate in the new classification will be lower than or equal to the rate received by the employee immediately before the demotion. VOLUNTARY DEMOTION An employee who voluntarily moves to a lower classified job will be placed in the new salary range using the appointment directive. If this causes the employee to receive a pay rate that is lower than that received by the employee immediately prior to accepting the lower classified job the following shall apply: The employee s pay rate will be the maximum pay rate of the new classification. EC Pay Plan employee s pay rate will be the job rate (100% compa-ratio). 3-9

82 Chapter 3: Total Compensation and Benefits 3.1 Salary Determination Policy Schedule 3-C Guide for Determining Acting Pay The following will apply to employees receiving acting pay: Acting in a job classified one pay band higher - the employee may receive up to 5%. Acting in a job classified two or more pay bands higher - the employee may receive up to 10%. The employee s combined base salary and acting pay amount will not exceed the job rate (100% compa-ratio) for the higher classified job. The exact Acting Pay amount should be determined using the salary zone descriptors and assessing the employee against the job. Any situation that exceeds the equivalent to the job rate requires the prior approval of the Public Service Commission, Compensation Division, on the Public Service Commission s approved form. 3-10

83 Chapter 3: Total Compensation and Benefits 3.2 Excluded Classification (EC) Merit Pay Policy 3.2 Excluded Classification (EC) Merit Pay Policy Policy Statement The is committed to providing employees compensated under the Excluded Classification (EC) Pay Plan the opportunity to move through their salary ranges based on performance. Definitions COMPA-RATIO An employee s base pay rate taken as a percentage of the job rate. CIVIL SERVANT An employee of the whose terms and conditions of employment are set out in accordance with the Civil Service Act and regulations. DEPARTMENT Any department, office, or public service entity established by the Government of Nova Scotia as identified in Schedule A of the General Civil Service Regulations. DEPUTY HEAD The deputy of the member of the Executive Council presiding over a department and all others whom the Governor in Council from time to time designates as having the status of deputy head. EMPLOYEE An employee paid according to the EC Pay Plan. JOB RATE 100% compa-ratio for the pay range. LATERAL TRANSFER An employee moves from one EC position to another with the same EC pay level. PROMOTION An employee moves to an EC position with a higher pay range maximum than the employee s immediate position. 3-11

84 Chapter 3: Total Compensation and Benefits 3.2 Excluded Classification (EC) Merit Pay Policy RED CIRCLE A form of salary protection where an employee is placed or reclassified in a position with a lower pay range maximum and where their former pay rate is frozen for such time as the Public Service Commission deems appropriate. Objectives Merit pay is designed to provide an opportunity for employees to move through their salary ranges based on good performance. Application This policy applies to employees paid according to the EC Pay Plan and whose terms and conditions of employment are set out in accordance with the Civil Service Act and regulations. Directives PERFORMANCE MANAGEMENT PERIOD The performance management period (performance period) used to determine an employee s eligibility for merit pay is April 1 to March 31 of the previous fiscal year. ELIGIBILITY Employees who satisfy the following criteria are eligible for merit pay: have had their performance evaluated through the Performance Management System for the period of time they worked as an EC employee during the previous performance period have worked for a minimum of six months with pay as an EC employee during the performance period. EFFECTIVE DATE OF PAYMENT Merit pay that results in an increase to base pay (compa-ratio) is paid bi-weekly to employees effective April 1 of the fiscal year immediately following the performance period on which the merit pay adjustment is based. MERIT ADJUSTMENT The size of the merit pay adjustment is determined using the Merit Pay Guide Chart and all relevant management directives and/or guidelines issued from time to time by the Public Service Commission. 3-12

85 Chapter 3: Total Compensation and Benefits 3.2 Excluded Classification (EC) Merit Pay Policy PROMOTION - AFTER OCTOBER 1 An employee promoted after October 1 and who has worked a minimum of six months with pay as an employee paid according to the EC Pay Plan during the performance period shall be eligible for merit pay according to the following: all performance management results from the performance period have been considered and the promotional increase is consistent with the promotion guidelines. The performance adjustment is determined using the employee s April 1 (post promotion) compa-ratio and the Merit Pay Guide Chart. The size of this performance adjustment may be reduced if both the employee s immediate and next level managers are in agreement and it is approved by the appropriate Public Service Compensation Consultant. DEMOTION An employee who is demoted to a lower-level EC position during a performance period may be eligible for merit pay the following April 1, provided the eligibility criteria are satisfied and the performance management documentation for all former EC positions occupied during the 12-month performance period indicate a minimum performance level of meets expectations. LATERAL TRANSFER An employee who moves from one position to another at an equivalent EC pay level is eligible for merit pay the following April 1 provided there has been no change to the employee s compa-ratio. RED CIRCLE An employee paid above the maximum pay range for their job and whose rate of pay has been red circled is ineligible for merit pay. NO LONGER EC Forfeits Payment Anyone who ceases to be a civil servant paid according to the EC pay plan forfeits any future merit pay. Leaves Prior to Payment Anyone who leaves the Civil Service prior to merit pay being paid and who satisfies both the eligibility criteria and was a civil servant paid according to the EC pay plan as of March 31 of the previous performance period, may apply to receive merit pay prorated from April 1 of the payment year to the date of their departure. 3-13

86 Chapter 3: Total Compensation and Benefits 3.2 Excluded Classification (EC) Merit Pay Policy Application and Timing Those who leave prior to payment must submit a written application to their former Human Resources Division by March 31 of the fiscal year that merit pay is paid. Anyone who does not meet this time line forfeits any merit pay for which they were previously eligible. PRIOR APPOINTMENT A former non-civil Service appointment may be used to assess an employee s eligibility for merit pay if the former appointment was not as a civil servant but the employee was paid according to the EC Pay Plan; the previous appointment was on a full-time basis in the same or similar position with the same department; the appointment was during the relevant performance period; the Civil Service appointment commenced the next working day after the non- Civil Service appointment had ended; and there was no resulting employee compa-ratio change between the former and Civil Service appointments. No retroactive payments will be paid prior to the fiscal year immediately following the employee s Civil Service appointment. TEMPORARY ASSIGNMENT If an employee is temporarily reclassified to a higher EC pay level in a performance period, the employee is eligible for merit pay the following April 1, provided the eligibility criteria are satisfied. The merit pay adjustment is added to the employee s compa-ratio for their regular position effective the following April 1. If the employee remains in the temporary classification beyond the following April 1, the compa-ratio of the temporary position is adjusted effective April 1, by a compa-ratio equivalent to that added to the regular position. SECONDMENT Secondment within the Civil Service An employee seconded within the Nova Scotia Civil Service is eligible for merit pay in accordance with this policy. Secondment outside the Civil Service An employee seconded outside the Civil Service who returns to the position they held immediately before the secondment may have their compa-ratio adjusted on their return to their former position provided the requirements of this policy 3-14

87 Chapter 3: Total Compensation and Benefits 3.2 Excluded Classification (EC) Merit Pay Policy have been satisfied, and the employee s performance was evaluated during the secondment in a manner consistent with the s Performance Management System. Any adjustments to an employee s compa-ratio upon their return would be made according to the relevant Merit Pay Guide Charts, not salary increases received at the host organization. PREGNANCY, PARENTAL OR ADOPTION LEAVE Employees who do not meet the merit pay eligibility criteria because of time not worked during the performance period due to pregnancy, parental or adoption leave(s) are deemed to be eligible for merit pay. The method for determining the amount an employee will receive through merit pay will be based on the following: the employee will receive a payment consistent with a rating of three out of five, or if the employee s performance rating was less than three out of five during the performance period immediately prior to the leave this rating will be used to determine the employee s merit pay. This section does not prevent an employee on a pregnancy, parental or adoption leave from being ineligible for merit pay for reasons not related to the leave. INCREMENT DATE For the purpose of determining the initial increment date, the anniversary date of an employee shall be deemed to be either the first day of April of the next fiscal year if the employee reports for duty on or before October first, or the first day of April of the second fiscal year if the employee reports for duty after October first. An employee s increment date will change to April 1 of the following (second fiscal) year if one of the following applies: an increment has been deferred due to unsatisfactory performance, or an employee has not worked a minimum of six months with pay in the performance period. For the purpose of determining the increment date as it relates to prior appointment, the increment date shall be deemed to be the following April 1 after the Civil Service appointment provided the eligibility criteria have been satisfied. 3-15

88 Chapter 3: Total Compensation and Benefits 3.2 Excluded Classification (EC) Merit Pay Policy Guidelines / Procedures Guidelines and procedures may be developed as required to assist departments with implementation and administration of the EC Merit Pay program. Accountability DEPUTY HEADS Deputy Heads are responsible for: ensuring that merit pay is administered in accordance with this policy and any guidelines or procedures developed by the Public Service Commission ensuring that merit pay expenditures do not exceed the merit pay budget allotted for their department ensuring that every manager has all necessary performance appraisals completed that are needed to support the merit pay system ensuring that any review/audit results of the policy directives are reviewed and appropriate action is taken. DEPARTMENTAL MANAGERS Departmental Managers are responsible for: establishing annual performance targets for staff and evaluating the employee s performance against these targets at the end of the fiscal year or sooner if the employee or manager leaves their job where an employee has a demotion, promotion, lateral transfer, or temporary assignment during a performance period, the manager conducting the performance evaluation and merit pay assessment at the end of the performance period shall consider all the employee s performance management information from other positions held during that performance period providing each complete performance evaluation to their Human Resources Division in a timely fashion and in accordance with the time lines that may be developed to support this policy assessing each employee s eligibility for receipt of merit pay according to the terms and conditions of this policy. 3-16

89 Chapter 3: Total Compensation and Benefits 3.2 Excluded Classification (EC) Merit Pay Policy DIRECTORS OF HUMAN RESOURCES Directors of Human Resources are responsible for: reviewing merit pay information provided by managers to ensure compliance with this policy and merit pay guidelines maintaining merit pay and the supporting performance management information within each employee s personnel file ensuring that the new Human Resources Division receives a copy of the performance management evaluation for the relevant performance period where an employee transfers to another Civil Service position that is in a different CSU and where this transfer occurs during a performance period ensuring that when an employee transfers during a performance period the performance management evaluation for the former position is provided to the employee s new manager providing guidance and advice to managers and employees on merit pay administering merit pay in accordance with this policy and any guidelines or procedures developed by the Public Service Commission providing timely access to files for auditing purposes requesting direction from the Compensation Division, Public Service Commission to deal with any merit pay issues that may arise that are not dealt with in this policy or supporting guidelines. PUBLIC SERVICE COMMISSION The Public Service Commission is responsible for: conducting annual compensation planning for merit pay recommending an amount for merit pay to Executive Council as part of the annual budget process evaluating the effectiveness of the merit pay program and make any changes to the policy, guidelines, or procedures as necessary providing advice and guidance to Human Resources Divisions conducting audits periodically to ascertain compliance with this policy. Monitoring The Public Service Commission is responsible for continuously monitoring the effectiveness and consistent application of this policy. The Public Service Commission may periodically conduct audits and evaluations of line Human Resources systems and practices and will require access to personnel and data maintained by the line Human Resources with respect to this policy. 3-17

90 Chapter 3: Total Compensation and Benefits 3.2 Excluded Classification (EC) Merit Pay Policy References Civil Service Act and Regulations Performance Management Policy and Guidelines EC Merit Pay Guide Chart Enquiries General Enquiries, Public Service Commission (902) Approval date: February 17, 2011 Effective date: February 17, 2011 Approved by: Executive Council Administrative update: June 26,

91 Chapter 3: Total Compensation and Benefits 3.3 Temporary Assignment Policy 3.3 Temporary Assignment Policy Policy Statement The recognizes that periodically it is necessary for managers to temporarily assign an employee additional duties or to a different position. This policy outlines the process for temporarily assigning an employee in a non-bargaining classification and the additional compensation an employee may be entitled to in those circumstances. Definitions ACTING PAY A rate of pay up to 10% higher than an employee s base pay rate not to exceed the maximum rate of pay for the position in which the employee is acting. ADDITIONAL DUTIES Duties assigned to an employee in addition to their regular duties. Job evaluation determines whether additional duties are of a higher value than the employee s existing duties. BASE PAY The regular bi-weekly pay rate for an employee s position exclusive of any pay adjustments or variable payments. COMMISSION The Public Service Commission, Compensation Division DEPARTMENT Any department, office, or public service entity established by the Government of Nova Scotia as identified in Schedule A of the General Civil Service Regulations. DEPUTY HEAD The deputy of the member of the Executive Council presiding over a department and all other whom the Governor in Council from time to time designates as having the status of deputy head. 3-19

92 Chapter 3 : Total Compensation and Benefits 3.3 Temporary Assignment Policy EMPLOYEE A civil servant employed by the who is not a bargaining unit employee and whose terms and conditions of employment are set out in accordance with the Civil Service Act and regulations. JOB EVALUATION Job evaluation is conducted by the Public Service Commission to determine a classification of a position according to the character and importance of the work and the duties and responsibilities of the position. NEW DUTIES New duties assigned to an employee. An employee does not continue with their existing classified position/duties when new duties are assumed. Job evaluation determines whether new duties are of a higher value than the employee s existing/ classified duties. NON-BARGAINING CLASSIFICATION Includes classifications paid under the following pay plans: Crown Attorney Pay Plan; Excluded Classification Pay Plan; Liability Management and Treasury Services Classification and Pay Plan; Legal Services Pay Plan; Medical Services Classification and Pay Plan and the Public Prosecution Service Pay Plan. REGULATIONS The General Civil Service Regulations. SERIES PROGRESSION A classification series in which progression from one classification level to the next classification level in the series is subject to time in the position and satisfactory performance, (eg, Solicitor Intake to Solicitor III). TEMPORARY ASSIGNMENT A temporary assignment includes the following circumstances: an employee is performing the principal duties of an existing classified position of a higher value; or an employee remains in their existing position and takes on additional duties which are determined through job evaluation to be of a higher value; or 3-20

93 Chapter 3: Total Compensation and Benefits 3.3 Temporary Assignment Policy an employee remains in their existing position and takes on additional duties determined through job evaluation to not be of a higher value than their existing classified position; or an employee takes on new duties. TEMPORARY RECLASSIFICATION As the result of a temporary assignment, an employee temporarily assumes a classification of higher value than their regular classification. Policy Objectives To allow for management flexibility in assignment of duties To compensate employees for the value of work performed To promote consistency in compensation practices, and To clarify the roles and responsibilities for approval of a temporary assignment. Application This policy applies to all non-bargaining unit civil servants whose terms and conditions of employment are set out in accordance with the Civil Service Act and regulations. Policy Directives A temporary assignment may result in an employee receiving acting pay, a temporary reclassification or no change in compensation. The Fair Hiring Policy should be reviewed when recommending a temporary assignment. TEMPORARY ASSIGNMENT WITH ACTING PAY Acting pay may be considered for a temporary assignment when the employee will be performing the principal duties of an existing classified position of higher value due to a vacancy or a temporary absence. Examples of situations appropriate to consider a temporary assignment with acting pay include: a vacancy exists due to a retirement and recruitment for a full time replacement is being conducted a temporary absence exists due to a leave. 3-21

94 Chapter 3 : Total Compensation and Benefits 3.3 Temporary Assignment Policy Managers should refer to the regulations for the minimum amount of time an employee in a particular non-bargaining classification must be performing the principal duties of a higher value position to qualify for a temporary assignment with acting pay. Deputy Heads have the authority to approve up to 4 months of acting pay. Approval must be obtained on a form approved by the Public Service Commission. Directors of Human Resources have the authority to approve up to a 2 month extension of acting pay. Approval must be obtained on a form approved by the Public Service Commission. If an employee is to be temporarily assigned with acting pay into the same position for a total accumulated period that is in excess of 6 months in a 12 month period, the Commission must approve the period of acting pay that is in excess of 6 accumulated months. Acting pay will be up to 10% higher than an employee s base pay rate. Determination of the percentage of acting pay will be in accordance with the Salary Determination Policy. At the end of the approved period for temporary assignment with acting pay, upon providing the appropriate documentation to the Deputy Head as required by this policy, the employee may be approved for a temporary assignment with reclassification or will revert to their regular pay rate. If the acting assignment is converted to a temporary reclassification, the total accumulated time for the entire temporary assignment should not exceed 18 months. Acting pay is not payable to an employee who is performing the duties of a position that is classified as a series progression. Acting pay is not payable to an employee whose current position normally includes periodic substitution in a higher value position, as specified in the employee s position description. TEMPORARY ASSIGNMENT WITH RECLASSIFICATION Temporary assignment with reclassification may be considered for a temporary assignment when the employee: will be performing the principal duties of an existing/classified position of higher value due to a vacancy or a temporary absence; or remains in their existing position and takes on additional duties which are determined through job evaluation to be of a higher value; or does not remain in their existing position and takes on new duties which are determined through job evaluation to be of a higher value. 3-22

95 Chapter 3: Total Compensation and Benefits 3.3 Temporary Assignment Policy Temporary assignment with reclassification may be used for circumstances up to 4 months (as an alternative to temporary assignment with acting pay) but must be used for circumstances longer than 4 months, unless an extension of temporary assignment with acting pay has been approved. The maximum length of a temporary assignment with reclassification is 18 months, except under exceptional circumstances. Such an extension requires the approval of the Commission. EXISTING CLASSIFIED POSITIONS Deputy Heads have the authority to approve a temporary assignment with reclassification where the employee will be performing the principal duties of an existing classified position of higher value due to a vacancy or a temporary absence. Prior to an employee commencing a temporary assignment with reclassification into an existing classified position of a higher value, Deputy Head approval must be obtained on the approved Public Service Commission form. If an employee is to be temporarily assigned with reclassification into the same position within 6 months of the end of the previous temporary assignment with reclassification, the Commission must approve the subsequent reclassification. POSITIONS REQUIRING JOB EVALUATION A temporary assignment with reclassification requires job evaluation when an employee: remains in their existing position and takes on additional duties which require a job evaluation to be completed by the Commission to determine the value of the additional duties; or does not remain in their existing position and takes on new duties which require a job evaluation to be completed by the Commission to determine the value of the new duties. Prior to an employee commencing a temporary assignment with reclassification requiring a job evaluation, the Commission must be provided with the information on the approved Public Service Commission form. Within 10 working days of the Commission receiving all completed documentation required by this policy, the Commission will complete the job evaluation and advise in writing the results of the evaluation to the department. The employee s rate of pay for the temporary assignment with reclassification will be determined using the Salary Determination Policy. 3-23

96 Chapter 3 : Total Compensation and Benefits 3.3 Temporary Assignment Policy NO CHANGE IN COMPENSATION There will be no change in compensation for an employee who: remains in their existing position and takes on additional duties determined through job evaluation not to be of a higher value than their existing duties; or does not continue with their existing duties and takes on new duties determined through job evaluation not to be of a higher value than their existing position. Accountability DEPUTY HEADS Deputy Heads are responsible for: ensuring compliance with the requirements established by this policy for temporary assignments; approving temporary assignments; ensuring that any review/audit results of the policy directives are reviewed and appropriate action is taken. DEPARTMENTAL MANAGERS Departmental Managers are responsible for: recommending employees for temporary assignment in appropriate circumstances; preparing Job Evaluation Forms - Temporary Assignment as required by the policy to obtain a temporary assignment with reclassification for an employee. DIRECTORS/MANAGERS OF HUMAN RESOURCES Directors/Managers of Human Resources are responsible for: approving extension to acting pay in accordance with this policy; obtaining Public Service Commission approval as required by the policy. HUMAN RESOURCE CONSULTANTS Human Resource Consultants are responsible for: acting in an advisory capacity to departmental management on issues of temporary assignments; maintaining all necessary documentation used in determining temporary assignments. 3-24

97 Chapter 3: Total Compensation and Benefits 3.3 Temporary Assignment Policy PUBLIC SERVICE COMMISSION COMPENSATION CONSULTANTS Public Service Commission Compensation Consultants are responsible for: acting in an advisory capacity to departments on issues relating to the use and compensation for a temporary assignment; performing job evaluation to classify positions for temporary assignment with reclassification in accordance with this policy; monitoring and auditing the application of the policy directives. Monitoring The Public Service Commission is responsible for continuously monitoring the effectiveness and consistent application of this policy. The Public Service Commission may periodically conduct audits and evaluations of line Human Resources systems/ practices and will require access to personnel and data maintained by the line Human Resources with respect to this policy. References Civil Service Act General Civil Service Regulations Fair Hiring Policy Salary Determination Policy Enquiries Public Service Commission Compensation Division (902) Approval date: February 17, 2011 Effective date: February 17, 2011 Approved by: Executive Council Administrative update: June 26,

98 Chapter 3 : Total Compensation and Benefits 3.3 Temporary Assignment Policy 3-26

99 Chapter 4: Healthy and Productive Work Environment

100

101 Chapter 4: Healthy and Productive Work Environment 4.1 Storms or Hazardous Conditions 4.1 Storms or Hazardous Conditions Policy Statement Government offices and worksites will normally remain open during storms or hazardous conditions. Employees are expected to make every effort to report for duty and remain at their work stations during their scheduled working hours. With the exception of those employees who provide designated services as defined in this policy, employees should assess their own ability to get to and from work safely and, where possible, consult with their immediate supervisor. Employees may make a personal decision to take time off. In exceptional circumstances, a decision may be made to close some or all government offices or worksites, due to extreme storm or hazardous conditions. In only those situations will affected employees be granted leave with pay for their regularly scheduled work hours. Definitions DEPARTMENT Department, office, or public service entity of the as defined in the Public Service Act. DEPUTY HEAD The deputy minister or designate of a department, or the senior administrative officer of an office not reporting through a deputy minister. DESIGNATED SERVICES Services determined by department deputy heads to be essential or unique in their nature. Employees who provide these services are required to report to or remain at work, at the direction of their immediate supervisor, even if the Deputy Minister of the Office of the Premier closes offices or worksites under this policy. STORMS Adverse weather conditions such as heavy snowfall, hurricane or blizzard conditions. Page 1 of 8

102 Chapter 4: Healthy and Productive Work Environment 4.1 Storms or Hazardous Conditions HAZARDOUS CONDITIONS Conditions, often resulting from a storm, that may include power outages, advisories from the Department of Transportation and Infrastructure Renewal on the use of public highways, and/or advisories from police, Emergency Management Office or other agencies. EXCEPTIONAL CIRCUMSTANCES Declared state of emergency or conditions deemed by the employer to be sufficiently dangerous or disruptive to require the closure of offices or discontinuance of normal business. Policy Objectives To acknowledge the need for employees to make reasonable assessments of their ability to travel to and from work safely during storms or hazardous conditions, and to reaffirm their role in making individual decisions about such matters. To ensure a consistent understanding and application of leaves requested by employees for absences due to storms or hazardous conditions. To ensure a consistent understanding that government offices will only be closed under extreme circumstances. To establish a framework to facilitate the making of decisions to close regional offices due to extreme storm or hazardous conditions in one or more regions. Application and Exceptions This policy applies to all civil servants whose terms and conditions are set out in accordance with the Civil Service Act and regulations and other direct employees of the provincial government. The policy applies to all bargaining unit staff who are employed by the, unless it conflicts with the collective agreement, in which case the collective agreement shall apply. Because of the unique nature of some government departments, facilities and services, this policy may not be applicable. These exceptions include correctional centres, courts, some services provided by the Department of Transportation and Infrastructure Renewal and certain designated services, as determined by departmental deputy heads in consultation with the Public Service Commission, and/ or as set out in relevant collective agreements. Page 2 of 8

103 Chapter 4: Healthy and Productive Work Environment 4.1 Storms or Hazardous Conditions Policy Directives GOVERNMENT OFFICES AND WORKSITES REMAIN OPEN Government offices and worksites will normally remain open during storms or hazardous conditions. Employees are expected to make every effort to report for duty and to remain at their work stations during their scheduled working hours. With the exception of those employees who provide designated services as defined in this policy, employees should assess their own ability to get to and from work safely and, where possible, consult their immediate supervisor. Employees may make a personal decision to take time off. In such circumstances, time lost by an employee as a result of absence due to storm or hazardous conditions may: i) be made up by the employee at a time agreed upon between the employee and the employee s immediate supervisor, or ii) be charged to the employee s accumulated vacation, unused holiday time, or accumulated overtime where such an entitlement exists, or iii) be taken as leave without pay. Provisions (i), (ii), and (iii) shall also apply in situations where an office or worksite has not been closed in accordance with this policy, but remains physically unopened because of a decision by staff at that worksite to take time off. In these situations, where there has been no decision made to close the office or worksite, employees will be required to make up or charge time lost to accumulated leave, according to the provisions noted above. Employees who arrive at the worksite and are unable to gain access are directed to contact their immediate supervisor for instructions. Having attempted to report for work, these employees may be granted paid leave. It is expected departments will develop guidelines to further address these types of situations, as appropriate. Where advance preparation for the possibility of closure includes consideration of the option of working from home, and where this option has been pre-approved by the immediate supervisor, such time shall serve as worked time. Reasonable lateness beyond the beginning of an employee s regular shift starting time, as determined by the immediate supervisor, shall not be subject to provisions (i), (ii), and (iii) above where the employee is able to establish to the satisfaction of the immediate supervisor that every reasonable effort has been made by the employee to arrive at their work site at the scheduled time. Page 3 of 8

104 Chapter 4: Healthy and Productive Work Environment 4.1 Storms or Hazardous Conditions The employer (as represented by the immediate supervisor or manager) may, in the event of storm conditions or because of the condition of public streets and highways, and in circumstances where it can be accommodated within operational requirements, determine it appropriate to allow employees to leave work prior to the end of their regular shift. Employees will not be required to make up this time. CLOSURE OF GOVERNMENT OFFICES OR WORKSITES In exceptional circumstances, a decision may be made to close some or all government offices or worksites, due to extreme storm or hazardous conditions. In only those situations will affected employees be granted leave with pay for their regularly scheduled work hours. In recognition that weather and other conditions will differ from one region of the province to another, it may be appropriate for government offices or worksites in one or more regions to close while others remain open. When a decision to close offices or worksites in one or more regions or provincewide may be required, a small committee of regionally based senior employees, appointed in consultation with deputy heads, will consult and advise the Deputy Minister of the Office of the Premier, who shall make the closure decision. Should the Deputy Minister of the Office of the Premier not be available to the Committee, the Committee may make the decision, in consultation with the Managing Director of Communications Nova Scotia (CNS). The Managing Director shall advise the Deputy Minister of the Office of the Premier of a closure recommendation and, in consultation with CNS, disseminate the decision. All closure decisions shall be communicated in accordance with guidelines developed under this policy, in as timely a fashion as circumstances permit. Until and unless employees have been informed of a closure through the government website, through or other notice from the Deputy Minister of the Office of the Premier, by their immediate supervisor or through the media, they are advised to assume business as usual and to act in accordance with this policy. Policy Guidelines When deciding to close government offices or worksites, the following will be considered: local weather forecasts and conditions Transportation and Infrastructure Renewal road reports the presence or threat of other safety hazards special measures authorized by the Emergency Management Office (e.g., state of emergency) Page 4 of 8

105 Chapter 4: Healthy and Productive Work Environment 4.1 Storms or Hazardous Conditions other available information and agency advisories Departments may issue guidelines, to assist in the implementation and administration of this policy and to facilitate consistency at regional levels. These guidelines should be consistent and reflective of this policy. Accountability EMPLOYEES Employees are responsible for acting in accordance with this policy. IMMEDIATE SUPERVISORS/MANAGERS Immediate supervisors/managers are responsible for ensuring that employees are informed of this policy and for ensuring its fair and consistent application in their respective worksites. DEPUTY HEADS Deputy heads are responsible for the timely designation of services for which employees who provide them are required to report to or remain at work in the event of government office or worksite closures under this policy. Deputy heads are also responsible for the fair and consistent application of this policy within their departments, as well as the delegation of responsibility for communication of closure decisions, as required. DEPUTY MINISTER OF THE OFFICE OF THE PREMIER Except as otherwise provided for in this policy, the Deputy Minister of the Office of the Premier is responsible for making the decision to close government offices in the event of extreme storm or hazardous conditions. The Managing Director of CNS is responsible for initiating the broad communication of closure decisions, in accordance with guidelines developed under this policy. The Deputy Minister of the Office of the Premier, along with other deputy heads, is also responsible for the fair and consistent application of the policy across all government departments. Monitoring The Deputy Minister of the Office of the Premier, in consultation with the Department of Transportation and Infrastructure Renewal and the Public Service Commission, is responsible for monitoring the effectiveness and the consistent application of this policy, and may periodically require audits of departmental practices. Page 5 of 8

106 Chapter 4: Healthy and Productive Work Environment 4.1 Storms or Hazardous Conditions References Civil Service Act Civil Service Regulations Master Civil Service Collective Agreement Public Service Act Enquiries Managing Director Communications Nova Scotia (902) Approval date: November 28, 2005 Effective date: November 28, 2005 Approved by: Deputy Minister Administrative update: October 22, 2015 Treasury and Policy Board Page 6 of 8

107 Chapter 4: Healthy and Productive Work Environment 4.1 Storms or Hazardous Conditions Guidelines for Regional Committees and Communication of Closure Decisions Committee Structure and Function Three regional committees have been established to help facilitate a decision to close provincial government offices in one or more regions outside the Halifax Regional Municipality. Cape Breton (Richmond, Inverness and Victoria Counties) North/Eastern (Cumberland, Colchester, Pictou, Antigonish and Guysborough Counties) South/Western (Kings, Annapolis, Digby, Yarmouth, Shelburne, Queens and Luneburg Counties) Each committee will be made up of senior regional employees appointed by each Deputy Minister. The chair of each regional committee will be the TIR senior employee. The chair will be responsible for ensuring the agreement on protocol for consultation and decisionmaking among members when required. In preparation for extreme weather or hazardous conditions, the chair of each regional committee will make telephone or contact with committee members. Each committee member will consult local conditions, forecasts and other advisories. Morning Office Closures If extreme weather or hazardous conditions occur over night, committee members will come to an agreement on the recommended action with respect to office closures for their region or for local areas/communities by 5:15 AM. By 5:30 AM, the committee chair will notify the Deputy Minister of the Office of the Premier with the recommended action. Where the Deputy Minister of the Office of the Premier is unavailable, the committee will make a localized closure decision with the Managing Director of Communications Nova Scotia. The Managing Director will advise the Deputy Minister of the Office of the Premier of the closure recommendation. Page 7 of 8

108 Chapter 4: Healthy and Productive Work Environment 4.1 Storms or Hazardous Conditions Closure Reassessment If hazardous conditions persist or diminish during the day, the regional committees will re-evaluate local conditions by 11:00 AM and report recommendations to their respective committee chair. By 11:30 AM, committee chairs will report a recommendation to close or re-open offices to the Deputy Minister of the Office of the Premier. If offices are to re-open, employees will be notified of when they are expected to report to work. Communication Upon deciding to close offices, across the province, in one or more regions, or in a local area or community within a region, the Deputy Minister of the Office of the Premier will contact the Managing Director before 6:00 AM for morning closures, and before 12 noon for afternoon closures or re-openings to: contact Communication Nova Scotia to have a news release issued and posted on the government website; contact Communication Nova Scotia s webmaster to post and/or update the Government Office Closure icon on the government homepage; record a message on the government closure information line ; and notify departmental communication directors and deputy heads. Note: Once notified of a closure, deputy heads will activate their respective internal communication plans. (See Direct Communication to Staff below) Direct Communication to Staff It is expected that within their respective business continuity plans, departments will include a plan for communication with departmental staff in the event of a closure of offices, and processes for the designation of services as required. Page 8 of 8

109 Chapter 4: Healthy and Productive Work Environment 4.2 Voluntary Unpaid Leave with Deferred Salary Recovery Policy 4.2 Voluntary Unpaid Leave with Deferred Salary Recovery Policy Policy Statement The is committed to assisting employees with balancing their work and personal responsibilities. In this regard, employees are provided with the option of requesting voluntary unpaid leave based upon personal circumstances. This is part of the government s ongoing effort to provide employees with flexible work options. Definition DEPUTY HEAD The deputy minister or designate of a department, or the senior administrative officer of an agency not reporting to a deputy minister. Policy Objectives Provide employees with an opportunity to balance work and personal obligations. Provide a cost-effective means for government to promote workplace flexibility. Application This policy applies to all government employees whose terms and conditions are set out in accordance with the Civil Service Act and regulations and all bargaining unit employees who are employed by the. Policy Directives APPROVAL Consideration for approval of an unpaid leave request will depend upon the operational needs of each workplace and the provision of reasonable notice. The final decision will be made by the deputy head or designate. DEFERRED SALARY RECOVERY Recovery of the cost of unpaid leave will be at a minimum of one day s pay per biweekly pay period. 4-9

110 Chapter 4: Healthy and Productive Work Environment 4.2 Voluntary Unpaid Leave with Deferred Salary Recovery Policy One instance of voluntary unpaid leave must be fully recovered before an employee is eligible to be considered for another instance of voluntary unpaid leave. Recovery of the cost of unpaid leave is based upon the employee s rate of pay at the time the leave was taken. DURATION Request for voluntary unpaid leave must be for a minimum of two consecutive working days and a maximum of ten consecutive working days. Issues of frequency and total duration of voluntary unpaid leave in any given year are operational matters to be decided by the appropriate deputy head. Accountability DEPUTY HEAD The deputy head has the responsibility for ensuring the proper administration of this policy and delegating approval authority to managers/supervisors as appropriate. MANAGERS/SUPERVISORS Managers/supervisors who are delegated this authority by the deputy head have the responsibility for considering unpaid leave requests in accordance with the requirements of the policy. EMPLOYEE The employee is responsible for making an unpaid leave request to the appropriate manager/supervisor. HUMAN RESOURCES DIVISIONS/CORPORATE SERVICE UNITS Staff in the human resources divisions/corporate service units are responsible for providing support to departments regarding administration of this policy. Monitoring The Public Service Commission may conduct periodic audits of departmental practices to ascertain compliance with the policy requirements. 4-10

111 Chapter 4: Healthy and Productive Work Environment 4.2 Voluntary Unpaid Leave with Deferred Salary Recovery Policy References Nova Scotia Civil Service Act and regulations Civil Service Master Agreement between the Province of Nova Scotia and the Nova Scotia Government Employees Union Collective Agreement between the Department of Transportation and Public Works and the CUPE Highway Workers (local 1867) Collective Agreement between the Department of Justice and NSGEU Adult Corrections (local 480) Enquiries General Enquiries, Public Service Commission (902) Approval date: November 24, 2003 Effective date: November 24, 2003 Approved by: Executive Council Administrative update: June 26,

112 Chapter 4: Healthy and Productive Work Environment 4.2 Voluntary Unpaid Leave with Deferred Salary Recovery Policy 4-12

113 Chapter 4: Healthy and Productive Work Environment 4.4 Attendance Management Policy 4.4 Attendance Management Policy Policy Statement The is committed to providing excellence in service to the general public. It is important for all employees of the Government of Nova Scotia to work as a team in the attainment of this mission. Quality of service to the public is affected by work performance, including attendance of employees. It is important that employees report to work regularly, be punctual in reporting to work and returning from breaks, and make every effort to maintain good health. It is recognized that from time to time employees may be absent from work due to disabling illness or injuries. The government is committed to informing employees about the intent and proper use of sick leave, to assuring that employees maintain their work commitments, and to promoting a healthy workplace in which operational effectiveness is not jeopardized by frequent or unnecessary absences. Policy Objectives This policy establishes methods for maximizing attendance at work, balancing fairness to the employee, and maintaining work efficiency. The policy has been developed in accordance with the following goals: to contribute to excellence in service delivery by having all employees attend work regularly to ensure the implementation of measures by manager/supervisors to minimize absences within their respective areas of responsibility to approach problem attendance in a positive and concerned manner, in accordance with this policy to provide ongoing management support, training, and consultation on attendance problem issues through the Public Service Commission Application This policy applies to all civil servants whose terms and conditions are set out in accordance with the Civil Service Act and regulations and to all bargaining unit staff who are employed by the. 4-15

114 Chapter 4: Healthy and Productive Work Environment 4.4 Attendance Management Policy Policy Directives REVIEW POLICY Each employee will receive a copy of the Attendance Management Policy. The contents of the policy will be reviewed with each employee by his/her manager/supervisor. SICK LEAVE BENEFITS Employees may be granted sick leave with full or partial pay in accordance with the various collective agreements and the Civil Service Act and regulations when a health condition has impaired them to the extent that they are unable to perform their duties, provided that the department has been satisfied of the condition in such a manner and at such a time, and provided that employees have the necessary sick leave credits. ABSENCE VERIFICATION The manager/supervisor may verify absences from work as required. DEEMED RESIGNATION FROM WORK An employee who is absent from work without permission for 10 consecutive days shall be deemed to have resigned the position effective the first day of the absence. The employee may be reinstated if he/she establishes to the satisfaction of the employer that the absence arose from a cause beyond his/her control and it was not possible for the employee to notify the department of the reason for the absence. REPORTING PROCEDURE 1. When an employee, for any reason, is not able to attend work as scheduled, that employee has the responsibility to call and speak directly with his/her immediate manager/supervisor or appropriate designate. Such notification should be provided as soon as possible in accordance with department requirements. Only in extenuating circumstances, e.g., hospitalization, is it acceptable that someone other than the employee make the contact as outlined above. The manager/supervisor or appropriate designate is responsible for returning the employee s phone call. 2. To be eligible to receive leave benefits, an employee must inform the immediate manager/supervisor or appropriate designate of the following: type of leave, such as, sickness, workplace injury, family illness estimated date of return to work whether or not the employee plans to see a doctor 4-16

115 Chapter 4: Healthy and Productive Work Environment 4.4 Attendance Management Policy 3. To assist with effective leave reporting, the manager/supervisor must document the date and time of the call, expected time/date for return to work, whether or not the employee plans to see a doctor and the type of leave and record the absence by using the applicable symbol via the leave reporting system established in the department. A failure to follow reporting procedures will result in an absence being recorded as leave without pay. This system must create a record for each employee, allow for proper adjustments to payroll, and present a statistical record that can be used to monitor and manage attendance. 4. When an employee fails to call in as prescribed by departmental procedure, the manager/supervisor or appropriate designate shall: make reasonable efforts to contact the employee to discuss the absence and obtain necessary supporting information and discuss the consequences of continued unscheduled absence meet with the employee privately at the commencement of the next scheduled shift, or as soon as the employee is available, to reinforce the reporting procedure and, where appropriate, advise the employee of the availability of the employee assistance program and modified alternative work duties. 5. A failure to follow the reporting procedures set out above may result in the denial of benefits and disciplinary action. 6. In accordance with the collective agreements and departmental requirements, application for paid leave benefits for any period of illness may require medical certification. Failure to provide such medical information, where required, will result in a presumption that the employee does not have a medical reason for the absence from work. In cases of injury on the job, Workers Compensation Form 67 is filled out by the employee and the employer and Form 444 is given to the employee for completion by his/her physician and is to be returned to the employer as soon as possible. 7. Failure by employees to follow treatment plans, as prescribed by a medical practitioner and/or specialist, will result in their being ineligible for benefits. When the Form 444 indicates that the degree of impairment allows the employee to carry out some of his/her duties and or modified alternative work duties, and that doing so would not adversely affect the employee s health, the employee is expected to attend work; and the employee s duties will be adjusted by the employer accordingly, subject to operational requirements. 4-17

116 Chapter 4: Healthy and Productive Work Environment 4.4 Attendance Management Policy 8. If a manager/supervisor has a reasonable basis for believing that an employee is attempting to claim, or has claimed, a benefit to which he/she is not entitled, this may result in a denial of the benefit claimed and/or may subject the employee to disciplinary action, up to, and including, termination. MONITORING The views regular attendance at work as an important issue and consequently requires that an employee s attendance record must be reviewed on an ongoing basis. ATTENDANCE REVIEW STANDARD Three incidents of absence from work in a six-month period will trigger the manager/ supervisor to review an employee s record and take appropriate action where necessary. If the nature or frequency of an employee s absences leads a manager/ supervisor to reasonably believe that regular attendance at work is compromised, the manager should meet with the department s director of human resources to determine if a formal attendance interview is required to be held with the employee. INFORMAL DISCUSSION The manager/supervisor may meet informally with an employee at any time to discuss attendance issues. FORMAL ATTENDANCE INTERVIEW A formal interview is conducted by the manager, following consultation with the department s director of human resources, with an employee where the nature or frequency of an employee s absences leads a manager/supervisor to reasonably believe that regular attendance at work is compromised. Follow-up interviews should be scheduled as appropriate, following the first interview. The following steps should be followed when conducting the attendance interview: 1. During the interview, employees must be given every opportunity to explain the circumstances surrounding the attendance issue, and reasons for unsatisfactory attendance should be discussed. 2. At every interview the manager/supervisor must ask the employee whether or not there is a medical reason for the employee s absence from work. If the employee indicates that there is a medical reason for the absence from work, where appropriate, the manager/supervisor is responsible for advising the employee that the employee will be provided with a package (Appendix 4-A) which the employee is to give to the employee s physician. 4-18

117 Chapter 4: Healthy and Productive Work Environment 4.4 Attendance Management Policy 3. During every interview, the manager/supervisor must inform the employee of the availability of assistance through the Government Employee Assistance Program. 4. Following every interview, a letter must be sent to the employee that summarizes the matters discussed during the interview and the matters agreed upon. Should an employee not achieve and maintain a regular and consistent attendance, this may ultimately jeopardize continued employment. Policy Guidelines for Attendance Management Program As required, guidelines will be developed to assist departments with implementation and administration of the policy, and they will form attachments to the policy. Accountability EMPLOYEES Employees are responsible for: reporting to work on a regular, timely basis attending to personal affairs and obligations outside normal working hours, where practical reporting all absences according to procedure(s) as outlined in this policy and in accordance with applicable departmental policies applying for sick leave benefits in accordance with the provisions of applicable collective agreement and departmental policies and directives following recommended assistance or treatment programs to facilitate a prompt return to work, where applicable advising their physician of the availability of modified alternative work duties, where applicable MANAGERS/SUPERVISORS Managers/supervisors (within departments) are responsible for: educating staff on the importance of regular attendance providing a safe and healthy workplace maintaining accurate attendance records for their staff, working with their respective human resource units (This includes reporting unscheduled absences such as sick leave, family illness leave, and injury on duty leave to the respective human resource units on a regular basis.) analysing attendance reports, assessing attendance problems, and monitoring sick leave patterns and usage by their employees 4-19

118 Chapter 4: Healthy and Productive Work Environment 4.4 Attendance Management Policy consistently administering departmental and government-wide policies that relate to attendance management ensuring that Form 444 is provided by employees in accordance with departmental policy and the terms of the appropriate collective agreement or other applicable terms and conditions of employment addressing attendance problems in a timely manner sharing with other managers/supervisors innovative ways to deal with attendance problems acknowledging attendance improvement informing new employees about attendance expectations and attendance management policy during orientation being positive role models with respect to attendance at work informing employees about the Employee Assistance Program facilitating early return to work by employees through modified or alternative work duties, where appropriate HUMAN RESOURCE DIVISIONS The human resource divisions in departments are expected to: enter data relating to attendance management on the Human Resource Management System on a monthly basis provide manager/supervisors in departments with quarterly departmental attendance statistics, including departmental averages, for their review and assessment ensure consistent and effective administration of leave benefits provide advice and assistance to the managers/supervisors concerning the implementation of the attendance management policy provide management support and consultation on attendance problem issues provide assistance with the implementation of modified alternative work duties, where appropriate provide training to managers/supervisors on attendance management procedures maintain confidential employee medical files containing properly completed medical documentation 4-20

119 Chapter 4: Healthy and Productive Work Environment 4.4 Attendance Management Policy PUBLIC SERVICE COMMISSION The Public Service Commission will: provide corporate agency reports to departmental human resource units on a quarterly basis promote consistent and effective administration of leave benefits provide guidance to departments concerning the implementation of the attendance management policy provide management support and consultation on attendance issues provide advice and assistance regarding the design and implementation of modified alternative work duties, where appropriate develop and update related policies and programs provide information concerning Employee Assistance Programs and policy guidelines and operational support through Government Employee Health and Safety Services, maintain confidential employee medical files containing properly completed medical documentation. SENIOR MANAGEMENT Senior management is expected to: ensure that manager/supervisors implement the Attendance Management Policy and that training is provided, establish goals and objectives within the department, and actively support the Attendance Management Policy facilitate internal departmental audits of the Attendance Management Policy ensure that managers/supervisors are held responsible for implementation of the Attendance Management Policy. Monitoring Departments are responsible for complying with the terms of this policy. The Public Service Commission may periodically conduct audits of departmental attendance management practices to ascertain compliance by departments with this policy. References Civil Service Act and regulations Workers Compensation Act Collective agreements between the Public Service Commission and the NSGEU; the Department of Transportation and Public Works and CUPE; and the Department of Justice and the NSGEU. 4-21

120 Chapter 4: Healthy and Productive Work Environment 4.4 Attendance Management Policy Appendix Appendix 4-A - Employee Package for Physician Enquiries General Enquiries, Public Service Commission (902) Approval date: June 3, 1997 Effective date: September 1, 1996 Approved by: Deputy Minister Administrative update: June 26, 2012 Department of Human Resources 4-22

121 Chapter 4: Healthy and Productive Work Environment 4.4 Attendance Management Policy Appendix 4-A Covering Letter From Supervisor To Employee DATE TO: Employee Name RE: ATTENDANCE During the attendance interview you advised that you had a medical condition that has prevented you from reporting for work on a regular and consistent basis. In order that we may assist you in attaining more regular attendance, please take the enclosed confidential letter to your physician. Please have your physician provide a response to the Occupational Health Medical Consultant, Government Employee Health & Safety Services, Public Service Commission, who can then advise our department as to what might be reasonable occupational demands and expectations. All medical information will remain confidential to staff of Government Employee Health & Safety Services. Management in our department will be provided only with information on fitness for work. It is your responsibility to ensure that this report is completed and mailed to Government Employee Health & Safety Services within 14 days, and a failure to do so will result in a presumption that there is not a medical reason for your absence from work. Sincerely, Manager cc: Dr. Matthew Burnstein, Occupational Health Medical Consultant Human Resources Director, Department Encl. 4-23

122 Chapter 4: Healthy and Productive Work Environment 4.4 Attendance Management Policy Attendance Letter to Doctor to Be Used When Employee States There Is a Medical Reason for Absences DATE Dear Dr. RE: Employee s Name Employee s name, an employee of the Province of Nova Scotia, was recently interviewed to review his/her work attendance. During this interview, Employee s name indicated that there was a medical condition that contributed to his/her use of sick leave. In order that I may advise the department s name accurately as to what might be reasonable expectations for this employee s attendance, I require further information. To this end, would you please provide answers to the following questions. The medical information you provide will remain confidential. Management will be provided only with information regarding the employee s fitness for work. 1. Does the employee have a medical condition that would prevent him/her from attending work on a regular and consistent basis? Yes No If yes, what is the diagnosis? 2. Please provide the dates on which this employee consulted you for this condition in the past year. 3. What is the current treatment plan and what specialists, if any, have been involved in this employee s care? 4. Is any improvement in this condition expected? Yes No 4-24

123 Chapter 4: Healthy and Productive Work Environment 4.4 Attendance Management Policy 5. If yes, when do you anticipate this employee being able to attend work on a regular and consistent basis? 6. Is there anything that the employer can do to assist this employee in their medical rehabilitation/attendance? (Employee Assistance Program, modified alternative work duties [please specify], etc.) Please provide your confidential report in the enclosed envelope. Costs associated with completion of this form may be submitted along with the confidential report to the above address. The employee has been given 14 days from the date of this letter in which to see you and have a response provided to my office. Thank you in advance for your timely attention to this matter. Sincerely, Matthew Burnstein, B.Sc., M.D., MRO (MROCC) Occupational Health Medical Consultant cc: Employee s Name 4-25

124 Chapter 4: Healthy and Productive Work Environment 4.4 Attendance Management Policy 4-26

125 4.5 Healthy Workplace Policy Chapter 4: Healthy and Productive Work Environment 4.5 Healthy Workplace Policy Policy Statement The is committed to providing a healthy, safe and supportive workplace which will enhance employee health and job satisfaction, and enable employees to contribute most effectively in their roles of delivering high-quality public service. This policy gives direction to Government s Healthy Workplace Initiative and provides the umbrella or overarching context under which individual policies, programs and activities comprising a comprehensive healthy workplace approach will fall. Guiding Principles Efforts to meet Government s commitment to a healthy, safe and supportive workplace will be supported by the following guiding principles: A positive, healthy work environment contributes to an organization s success. Healthy employees are essential to achieving a productive workforce. An individual s health is influenced by many interconnected factors. Therefore, efforts to promote employee health must take a comprehensive healthy workplace approach that addresses as many of these factors as possible. A corporate healthy workplace culture responds to the diverse and unique needs of employees within individual departments. Participation by employees at all levels is key to successfully creating a sustainable, healthy workplace. Definitions COMPREHENSIVE HEALTHY WORKPLACE APPROACH 1 An effective healthy workplace excellence approach to defining, implementing and sustaining a healthy, safe and supportive workplace that has three key elements: 1 The Nova Scotia Government has adopted the National Quality Institute s comprehensive healthy workplace approach. The National Quality Institute is an independent, not-for-profit organization committed to enhancing Canada s national well-being and global leadership through the adoption of management principles and practices that reinforce and sustain excellence and healthy workplace environments. 4-27

126 Chapter 4: Healthy and Productive Work Environment 4.5 Healthy Workplace Policy Individual health and lifestyle practices, such as mental health, physical activity, eating habits, sleep habits, smoking, alcohol and drug abuse. Workplace culture and supportive environment. This includes, but is not limited to, work/life balance, the organization and design of work, a sense of control over one s work, positive and respectful relationships with co-workers, supervisors and clients, adequate training, a sense of fairness and fun at work, and access to support during difficult times. Physical environment and occupational health and safety. This refers to the quality of the physical work environment which impacts the health and wellbeing of employees. It includes elements such as noise control, air quality and ergonomics, and involves working in partnership with occupational health and safety programs. DEPARTMENT Any department, office or public service entity established by the Government of Nova Scotia, as identified under Category 1 in Appendix 1-A of the Management Manuals Policy. DEPUTY HEAD The deputy minister or designate of a department or the senior administrative officer of a government agency not reporting through a deputy minister. EMPLOYEE Employee refers to an employee as defined in the Civil Service Act an employee as defined in the Corrections Act an employee as defined in the Highway Workers Collective Bargaining Act, or any other person directly employed by the Province of Nova Scotia. HEALTHY WORKPLACE ADVISORY COMMITTEE An interdepartmental committee, chaired by the Public Service Commission and reporting to the Public Service Commissioner, which provides advice to government on a comprehensive healthy workplace approach and supports departments as they develop their own healthy workplace initiatives. 4-28

127 Chapter 4: Healthy and Productive Work Environment 4.5 Healthy Workplace Policy Policy Objectives To encourage individual employee health practices that enhance physical and mental health and well-being. To promote and sustain a healthy and supportive organizational culture across government. To provide a safe and healthy physical work environment for all employees. Application This policy applies to all civil servants whose terms and conditions are set out in accordance with the Civil Service Act and regulations and other direct employees of the provincial government, including all bargaining unit employees. Policy Directives Departments will support the interdepartmental Healthy Workplace Advisory Committee by identifying an appropriate staff member to actively participate on the Committee and assist the Committee in its role to promote, advise and report on performance in the development of a corporate comprehensive healthy workplace. Departments will demonstrate their support for workplace health by establishing coordinated active healthy workplace programs, supported by a committee structure, that are responsive to the expressed needs of their employees and consistent with the s Healthy Workplace Policy. Departments will be required to report their progress on establishing healthy workplace initiatives and the outcomes and impacts of those initiatives. Progress reports will be submitted to the PSC on a regular basis in a manner to be determined and communicated by the PSC. Policy Guidelines The principles of this policy and impacts on workplace health should be considered by all departments in their management decision-making, day to day operations, and human resource practices. To identify meaningful and effective healthy workplace initiatives for their workplaces, and to determine the effectiveness of initiatives once implemented, departments should conduct an employee needs assessment on a periodic basis that addresses all three elements of a comprehensive healthy workplace. This will help to ensure that initiatives implemented are responsive to the needs of employees. Survey instruments and focus group sessions are examples of approaches to conducting a needs assessment. 4-29

128 Chapter 4: Healthy and Productive Work Environment 4.5 Healthy Workplace Policy An individual department s healthy workplace program should be comprised of a variety of elements tailored to the needs of its employees. These elements could include, for example, Joint Occupational Health and Safety (JOHS) Committees, healthy workplace committees, recognition programs, information sessions on topics such as healthy eating, physical fitness or stress management, a strategy to ensure effective internal communications, and training plans for employees to help them develop the skills and knowledge they need to confidently carry out their work. In implementing healthy workplace programs, departments and their departmental coordinating committees are encouraged to seek advice and guidance from the Public Service Commission, as well as from the Healthy Workplace Advisory Committee, which can share information about the comprehensive healthy workplace approach that has been adopted, as well as healthy workplace activity that is underway corporately and within other departments. Costs associated with departmental healthy workplace programs will be managed from within departmental budgets and/or through voluntary participation by employees in initiatives for which they may have a particular interest, such as a healthy eating program. Accountability PUBLIC SERVICE COMMISSION The Public Service Commission is responsible for providing guidance to departments on their healthy workplace programs. The PSC is also responsible for coordinating regular progress reporting on healthy workplace activity across departments. In addition, the PSC will seek input from departments and make recommendations on corporate healthy workplace programs. HEALTHY WORKPLACE ADVISORY COMMITTEE The Healthy Workplace Advisory Committee is responsible for promoting, guiding and informing government s healthy workplace initiative. The Committee provides support to departments as they implement healthy workplace programs, monitors progress and makes recommendations to the Public Service Commissioner on how to sustain a corporate healthy workplace culture. DEPUTY HEADS Deputy Heads are responsible for ensuring their departments are compliant with this policy. Deputy Heads are also responsible for integrating the guiding principles of this policy within their department s operations and ensuring the implementation of the policy s directives within their departments. 4-30

129 Chapter 4: Healthy and Productive Work Environment 4.5 Healthy Workplace Policy MANAGERS AND SUPERVISORS Managers and supervisors are responsible for modelling the guiding principles of this policy and operationalizing healthy work practices within their own work units. EMPLOYEES Employees are responsible for taking reasonable care and precaution to protect their health and safety and that of others in their workplace, while contributing to a supportive and respectful work environment. Employees are encouraged to participate in available and supported healthy workplace programs that meet their needs and interests. Monitoring The Public Service Commission is responsible for monitoring the effectiveness and consistent application of this policy. The Public Service Commission may periodically conduct audits of departmental practices and request access to data maintained by departments with respect to this policy. References Civil Service Act Corrections Act Highway Workers Collective Bargaining Act Management Manuals Policy National Quality Institute Healthy Workplace Progressive Excellence Program Criteria Enquiries Strategic Support Services, Public Service Commission (902) Approval date: December 19, 2006 Effective date: December 19, 2006 Approved by: Executive Council Administrative update: June 26,

130 Chapter 4: Healthy and Productive Work Environment 4.5 Healthy Workplace Policy 4-32

131 Chapter 4: Healthy and Productive Work Environment 4.6 Employee Recognition Policy 4.6 Employee Recognition Policy Policy Statement The Province of Nova Scotia is committed to recognizing employees for their achievements made in support of business objectives, high-quality client service and dedication to public service. Recognizing the accomplishments of employees contributes to a supportive work environment and supports the attraction and retention of committed and engaged employees. This policy provides the foundation for corporate and departmental recognition programs within the Province of Nova Scotia. Definitions CASH GIFT/AWARD Cash or near-cash items, such as gift cards or gift certificates, as defined by Canada Revenue Agency (CRA). DEPUTY HEAD The deputy of the member of the Executive Council presiding over a department and all others whom the Governor in Council from time to time designates as having the status of deputy head. DEPARTMENTS Any department, office or public service entity established by the Government of Nova Scotia, as identified under Category 1 in Appendix 1-A of the Corporate Administrative Policy Manuals Policy. NON-CASH GIFT/AWARD Items, such as plaques/trophies, certificates, greeting cards, or merchandise, as defined by the Canada Revenue Agency. RECOGNITION Any word or deed making someone feel appreciated and recognized for what they do. Recognition covers a range of formal and informal practices in the workplace that support corporate and departmental values, goals, objectives and priorities. Formal Recognition Structured, scheduled activities, official communication, or events with specific criteria, which are used to recognize employee contributions, service, and achievements. 1 of 6

132 Chapter 4: Healthy and Productive Work Environment 4.6 Employee Recognition Policy Informal Recognition Acknowledgment of day-to-day accomplishments in the workplace through gestures of appreciation, communication and/or feedback. VALUES Respect, integrity, diversity, accountability, and the public good, as defined in the Values, Ethics, and Conduct: A Code for Nova Scotia Public Servants and/or values as defined in department business plans. Policy Objectives The objectives of this policy are to: Promote formal and informal recognition of employees for their achievements such as service, and/or contributions to public service. Provide parameters for corporate and department-specific recognition programs and activities. Raise awareness of the value of recognizing employees and the positive effect it has on such things as employee engagement, client service, health and wellness, attraction and retention and overall organizational success. Application This policy applies to all civil servants whose terms and conditions are set out in accordance with the Civil Service Act and regulations and other direct employees of the provincial government, including all bargaining unit employees. Policy Directives Formal and informal recognition activities must recognize, reinforce or promote positive employee behaviours and performance that support corporate and/or departmental values, goals and objectives. Events that are solely social in nature, such as office holiday socials, are not considered recognition activities under this policy. Public funds cannot be used to purchase alcoholic beverages for recognition gifts/ awards or at recognition events. Cash gifts/awards shall not be granted to employees as part of any recognition program and/or activity. 2 of 6

133 Chapter 4: Healthy and Productive Work Environment 4.6 Employee Recognition Policy Award recipients will not be deducted for time taken to attend, or travel to, a recognition event held during their regularly scheduled hours of work. Time taken from regular work hours to attend, or travel to, a recognition event is treated as time worked in straight time hours. Award recipients who travel to attend a recognition event will be reimbursed for travel expenses in accordance with the corporate Travel policy. Recipients must be consulted before administering internal and external public forms of recognition, and consent must be obtained before publicizing names or photos of award recipients, either internally or externally. CORPORATE RECOGNITION The Public Service Commission (PSC) will establish, coordinate, and maintain corporate employee recognition programs, including the Premier s Award of Excellence Program and Corporate Long Service Award. Specific program guidelines related to Corporate Long Service Award and Premier s Award of Excellence programs are available on MyHR. Employees reaching service milestones of 25 years or more (in increments of fiveyears thereafter), will be recognized at an annual Long Service Awards event, cohosted by the PSC and respective departments. All costs related to the Long Service Awards event, including gifts, certificates and venue will be proportionally distributed to recipient departments. Departments will be invoiced by the PSC. Publicly-funded gifts for service milestones of 25 years or more will only be provided to recipients through the corporate recognition program. For corporate recognition events, where deemed appropriate by the Deputy Head, each department will be responsible for the cost of travel and accommodation for one night and meals, for the recipient and one guest, provided the guest resides in Nova Scotia, in accordance with the corporate Travel Policy. The cost of an additional night accommodation may be approved by the Deputy Head. DEPARTMENT RECOGNITION Deputy Heads are encouraged to establish, coordinate, and maintain formal employee recognition programs specific to their department. Each department should consider which types of recognition are most valuable to its employees and fit best with the department s values and mandate. The establishment of a formal recognition program must be authorized by the Deputy Head. 3 of 6

134 Chapter 4: Healthy and Productive Work Environment 4.6 Employee Recognition Policy Departments should also consider how to support a culture of appreciation where timely and valuable informal recognition is given on a regular basis. Deputy Heads are responsible for the costs associated with department recognition programs and activities. Costs related to department-specific recognition will be managed from within departmental budgets and must be compliant with CRA rules. RETIREMENT CELEBRATIONS Retirement gifts and celebrations shall be financed by voluntary contributions from fellow employees. The Deputy Head, however, may deem it appropriate to fund a gift from a department budget if they wish to give special recognition to an individual for an extraordinary contribution or exceptionally long service. If public funds are used, the Deputy Head of the authorizing department is responsible for providing justification. Policy Guidelines Employee recognition is most effective when recognition activities are genuine and meaningful. To assist departments in making recognition meaningful and inclusive, the PSC has developed Department Recognition Guidelines that are available on MyHR. This policy is also supported by Premier s Award of Excellence and Corporate Long Service Award Guidelines that provide program details for the corporate recognition programs, which are available on MyHR. The guidelines will be reviewed and updated by the PSC as needed. Accountability PUBLIC SERVICE COMMISSION PSC is responsible for: Coordinating and maintaining corporate recognition programs such as the Premier s Award of Excellence and Corporate Long Service Award. Providing advice and assistance to departments on employee recognition and the application of this policy. Providing data to departments to support their recognition activities. Ensuring the recognition guidelines are reviewed regularly to reflect current employee recognition practices. 4 of 6

135 Chapter 4: Healthy and Productive Work Environment 4.6 Employee Recognition Policy DEPUTY HEADS Deputy Heads are responsible for: Authorizing, monitoring and recording expenditures related to recognition activities relating to their department, in accordance with CRA rules. Supporting and approving formal employee recognition programs suitable to their department consistent with the parameters outlined in this policy. Communicating corporate and/or department values, goals and objectives when engaging in recognition activities. Providing a supportive work environment for employee recognition by modeling informal, day-to-day recognition. Ensuring employee recognition activities comply with this policy. MANAGERS/SUPERVISORS Managers and supervisors are responsible for: Modeling and providing informal, day-to-day recognition for staff and other colleagues and contributing to a culture of appreciation and engagement. Nominating employees for awards, where appropriate. Encouraging and supporting employees to participate in recognition committees, programs, awards activities whenever operationally possible. EMPLOYEES Employees are responsible for: Informally and respectfully recognizing peers at all levels of the organization. Nominating employees for awards, where appropriate. Making an effort to participate in employee recognition programs, committees, and events. Monitoring The Public Service Commission is responsible for policy implementation and ensuring the policy is up to date with respect to employee recognition practices. Departments will be responsible for monitoring and evaluating the effectiveness of their own employee recognition programs. 5 of 6

136 Chapter 4: Healthy and Productive Work Environment 4.6 Employee Recognition Policy References Canada Revenue Agency Gifts and Awards Civil Service Act Corporate Administrative Policy Manuals Policy Travel Policy Values, Ethics, and Conduct: A Code for Nova Scotia s Public Servants Enquiries For further information or questions about this policy, please contact: Policy and Planning Public Service Commission PSC-Policy-Inquiries@novascotia.ca Approval date: April 3, 2007 Effective date: April 3, 2007 Approved by: Executive Council Administrative update: August 16, of 6

137 Chapter 4: Healthy and Productive Work Environment 4.7 Occupational Health and Safety Policy 4.7 Occupational Health and Safety Occupational Health and Safety Policy Statement Government, as an employer, values the health, safety and wellness of employees. It is therefore, the policy of the to protect and promote employee health, safety and well-being and to take every precaution, reasonable in the circumstances, to ensure that workplaces are safe and healthy for employees, clients, and the general public as they may come in contact with government work sites. The Occupational Health and Safety Act and accompanying regulations of the province, along with acceptable occupational health and safety practices, shall describe the minimum standard expected for health and safety in government workplaces. Government recognizes and values the knowledge and skills of employees with regard to performing their jobs safely and will promote a workplace culture where employees are supported and encouraged to contribute to health and safety programs and initiatives. Government commits to working in partnership with employees and their representatives, through the internal responsibility system, to develop and implement measures in order to eliminate and minimize risk of occupational injury and illness in the workplace. Government holds all levels of departmental management responsible for implementing this policy, and for implementing, maintaining, and continuously improving an occupational health and safety program specific to the department, and furthermore for ensuring that the department is in compliance with the Occupational Health and Safety Act and regulations. All departmental employees are responsible to comply with the duties set out in this policy, to follow the department health and safety program, and to co-operate with the joint occupational health and safety committees and representatives. Outside contractors are to be informed of the sections of this policy that impact on them, and they will be held responsible to implement those sections. Violence in the Workplace Statement Government acknowledges that violence in the workplace is an occupational health and safety hazard that can cause physical and emotional harm. Government views any acts of violence or threats of violence in the workplace as unacceptable. Government is committed to minimize and, to the extent possible, eliminate the risk of violence in the workplace. 4-49

138 Chapter 4: Healthy and Productive Work Environment 4.7 Occupational Health and Safety Policy Definitions DEPUTY HEAD The deputy minister or designate of a department or the senior administrative officer of an agency not reporting through a deputy minister. DEPARTMENT Department in this policy refers to government departments, agencies, boards and commissions. Policy Objectives The objectives of this policy are to ensure that all government workplaces are in compliance with the Occupational Health and Safety Act and regulations and that every precaution, reasonable in the circumstances, is taken to provide for a healthy and safe work environment. Implementation of this policy, through the establishment of an occupational health and safety program, based on the concepts of internal responsibility, will assure that management and employees work together to promote health and prevent workplace injuries and illnesses. GUIDING PRINCIPLES The Government is committed to providing employees with a healthy, safe, and supportive workplace that takes appropriate measures to prevent, reduce or eliminate occupational health and safety hazards, including workplace violence. Health and safety is a shared responsibility. Employees at all levels of the organization are responsible and accountable to work safely at all times, to identify and report hazards, and to take whatever measures are necessary and reasonable in the circumstances to protect and promote health and safety. Each department is responsible for implementing and complying with this policy in all areas of departmental operations. Each level of departmental management is responsible for providing a safe and healthy work environment for the employees in the department and achieving the objectives of this policy. The deputy head has general responsibility for departmental management and operations, including administration and implementation of laws and policies applicable to government employees. The deputy head s general responsibility for departmental management does not limit or reduce the responsibility of other levels of departmental management for implementing, and complying with the provisions of this policy. Departmental management is responsible for ensuring that the workplace is healthy and safe, that employees are advised of actual or potential hazards, and that they are instructed in and follow safe work procedures. 4-50

139 Chapter 4: Healthy and Productive Work Environment 4.7 Occupational Health and Safety Policy Active employee participation, involvement, and full co-operation with those exercising responsibilities in health and safety are key ingredients in effective health and safety programs. The departmental joint occupational health and safety committees are key mechanisms for the collaborative, co-operative initiation, maintenance, and support of health and safety programs. Departmental occupational health and safety programs will be coordinated and consistent with this policy and with any other government policies and guidelines regarding safety and security of the public and environmental protection. Health and safety rules and practices shall be enforced in the workplace, shall be reasonable and consistent, and shall be in compliance with the Occupational Health and Safety Act and regulations. Application EMPLOYEES This policy applies to all employees of the. This policy must be part of orientation activities for new employees and must be reviewed with all current employees at the time of coming into effect. Any changes made to this policy are also to be reviewed with all employees as soon as the changes come into effect. VOLUNTEERS Volunteers are not considered employees under the Occupational Health and Safety Act, and as such, are not afforded the same rights as employees under the act. However, the act requires employers to ensure the health and safety of all persons, including volunteers, at or near the workplace. CONTRACT WORK This policy also applies to those who undertake work for government departments by contract. Any contracted work that is carried out by a party who contracts for the work must be in accordance with the Occupational Health and Safety Act and regulations and with any applicable government policies or practices. Contractors are jointly responsible with management to ensure their sub-contractors are in compliance with the Occupational Health and Safety Act, regulations, and the relevant portions of this policy. 4-51

140 Chapter 4: Healthy and Productive Work Environment 4.7 Occupational Health and Safety Policy The contracting department will, in relation to contract work, supervise, to the extent of its ability and authority, the party who contracted the work for compliance with the Occupational Health and Safety Act and regulations and any applicable government policies or practices. The contracting department will advise all parties involved in contracted work, along with the appropriate joint occupational health and safety committee, of government policies, procedures, any known hazards, and other matters that relate to the work. Policy Directives LEGISLATION This policy is concerned with the Occupational Health and Safety Act and regulations made pursuant to the act. In essence, the purpose of the act is to prevent occupational injury and illness in the workplace. All government workplaces shall meet or exceed the regulatory requirements of the act. YEARLY REVIEW This policy is to be reviewed on a yearly basis in consultation with departmental occupational health and safety committees and representatives. POSTING IN GOVERNMENT WORKPLACES This policy is to be readily accessible to all employees and shall be posted in all government workplaces. OCCUPATIONAL HEALTH AND SAFETY PROGRAM An Occupational Health and Safety Program, including departmental arrangements for occupational health and safety committees, occupational health and safety representatives (where required), a defined occupational health and safety concern/ complaint procedure, a refusal-to-work procedure, and programs specific to a department s operational needs, is to be developed in consultation with the committee or representative. The program is to be implemented, maintained, evaluated, and communicated to all employees in order to meet the requirements of this policy and of the Occupational Health and Safety Act and regulations. The Occupational Health and Safety Program shall include, but not be limited to: a provision for a system to: conduct violence risk assessments; develop and carry out a workplace violence prevention plan; provide adequate violence prevention training; support and assist employees exposed to or affected by violence 4-52

141 Chapter 4: Healthy and Productive Work Environment 4.7 Occupational Health and Safety Policy provision for the training and supervision of employees in matters related to health and safety and the health and safety of other persons at the workplace. Departments must ensure managers, supervisors, and employees receive information and training regarding their duties and responsibilities under this policy and under the Occupational Health and Safety Act and regulations, including occupational health and safety committee or representative training. Additional training shall address relevant occupational health and safety programs, workplace hazards, violence prevention, and safe work practices provision for the preparation of written work procedures, as is required to implement healthy and safe work practices, including those required pursuant to the Occupational Health and Safety Act and to review and reassess when they are significantly changed provision for the establishment and continued operation of occupational health and safety committees, including maintenance of records, rules of procedure, and access to a level of management with authority to resolve health and safety matters provision for the selection and functions of an occupational health and safety representative, where required, and for access to a level of management with the authority to resolve health and safety matters provision for a hazard identification system that includes the evaluation of the workplace to identify potential hazards, procedures and schedules for regular inspections, procedures for ensuring the reporting of hazards and the accountability of persons responsible for the correction of hazards, and identification of the circumstances where hazards must be reported by the employer to the committee or representative and the procedures for doing so provision of a system for workplace occupational health and safety monitoring, prompt follow-up, and control of identified hazards provision of a system for the prompt investigation of hazardous occurrences to determine their causes and the actions needed to prevent reoccurrence provision for the maintenance of records and statistics, including occupational health and safety documents required under the Occupational Health and Safety Act, with provision for making them available according to the Occupational Health and Safety Act provision for monitoring the implementation and effectiveness of the program provision for making a copy of the program available to the committee, a representative, and any employee so requesting. 4-53

142 Chapter 4: Healthy and Productive Work Environment 4.7 Occupational Health and Safety Policy REPORTING All employees shall report, without fear of reprisal, any and all workplace hazards and any health and safety concerns to their immediate manager/supervisor, who is responsible to conduct an investigation and initiate a process to address the issue. Matters that are not resolved satisfactorily at the level of the management/ supervisor are to be referred to the joint occupational health and safety committee. An employee who is not satisfied with the outcome shall take the complaint to the Occupational Health and Safety Division of the Department of Labour and Advanced Education. CONFIDENTIALITY Information gathered, including personal and confidential medical information, is to be managed in accordance with the Occupational Health and Safety Act, s. 53, 61, and 62, Freedom of Information and Protection of Privacy Act regulations and pertinent government policy. Accountability LINE DEPARTMENTS/EMPLOYER The nature and structure of government as an employer is organized into departments, operates throughout the province, and has an occupationally diverse workforce. As such, the responsibility for workplace health and safety has been assigned to each department and to each deputy head. It is the deputy head who is generally responsible for the management of departments and departmental staff and for the implementation and administration of laws and policies applicable to government employees. Government is the employer under the Occupational Health and Safety Act and regulations and, like all employers, continues to be responsible for compliance with the act and regulations. DEPUTY HEADS Deputy Heads are responsible to: ensure that the department adheres to this policy ensure that there is strategic direction and planning for the department s health and safety program to implement the Occupational Health and Safety Policy integrate occupational health and safety in the department s business by allocating resources for health and safety programs, initiatives and providing training 4-54

143 Chapter 4: Healthy and Productive Work Environment 4.7 Occupational Health and Safety Policy ensure that responsibility/authority for workplace safety is delegated to trained and competent personnel, and hold executive staff (including deputy heads), managers and supervisors accountable by including health and safety responsibilities in written performance objectives ensure that audit results of the health and safety program initiatives are reviewed and appropriate action is taken ensure that the department complies with the Occupational Health and Safety Act and regulations and all orders and requirements of the Department of Labour and Advanced Education officers, director, or minister ensure that the Public Service Commission is informed of any significant departmental activity, any work related death of an employee, including the incident investigation report, or any decision of the department related to health and safety that has or may have government-wide implications. ensure that an annual occupational health and safety report is produced, and a copy provided to the Public Service Commission. MANAGEMENT/SUPERVISORS Management/Supervisors are responsible to: adhere to this policy and ensure compliance with the Occupational Health and Safety Act and regulations within workplaces under their supervision integrate preventive health and safety practices into departmental activities and hold employees accountable for following policies, procedures and safe work practices through performance appraisals provide information and training to employees to protect their health and safety, provide training in the skills necessary for responsible partnership in workplace health and safety, and maintain records of all such training communicate information concerning workplace hazards to employees and the necessary control procedures to be practised take action immediately upon any report or suspicion of unsafe or hazardous conditions or situations supervise employees and audit work processes to ensure that employees work in the manner, and with the protective devices, measures and procedures, required co-operate with employees and the departmental joint occupational health and safety committee or representative and any person performing a duty under the Occupational Health and Safety Act and regulations, to promote a healthy and safe workplace 4-55

144 Chapter 4: Healthy and Productive Work Environment 4.7 Occupational Health and Safety Policy respond in writing to recommendations from the joint occupational health and safety committee or representative, when requested, and within the deadline specified in the Occupational Health and Safety Act evaluate health and safety performance and provide feedback to the deputy head ensure that all Department of Labour and Advanced Education orders and requirements are satisfied in the time allotted and report all such activities, including progress reports, to the deputy head. EMPLOYEES Employees are responsible to: work in accordance with the Occupational Health and Safety Act and regulations adhere to this policy, departmental occupational health and safety program(s), and all other management policies and directives on healthy and safe job performance to ensure compliance with the Occupational Health and Safety Act and regulations ensure that work activity and behaviour do not, through act or omission, place their own health and safety, or the health and safety of others, at risk report any and all workplace hazards and any health and safety concerns to the immediate manager/supervisor, occupational health and safety committee/ representative, or the Department of Labour and Advanced Education report all personal injuries, property or equipment damage, and near-miss incidents, no matter how minor, to the manager/supervisor in a timely manner follow established safe work procedures; wear personal protective equipment, as required and as instructed; and use machinery, equipment and materials, only as authorized and as trained participate, wherever possible, in defining safe job procedures and in opportunities to protect and promote health and safety on the job co-operate with the joint occupational health and safety committee, the occupational health and safety representative, or any person performing a duty under the Occupational Health and Safety Act and regulations. DEPARTMENTAL JOINT OCCUPATIONAL HEALTH AND SAFETY COMMITTEE The departmental joint occupational health and safety committee is a collaborative employer-employee body established to jointly address health and safety issues in the workplace and is responsible to: perform the functions of a joint occupational health and safety committee as defined in the Occupational Health and Safety Act and regulations hold regular meetings in accordance with written terms of reference and operating procedures and maintain minutes and records of committee activities 4-56

145 Chapter 4: Healthy and Productive Work Environment 4.7 Occupational Health and Safety Policy work co-operatively with employees and management to identify hazards to health and safety and to develop, implement, and evaluate health and safety programs designed to respond to the hazards receive, investigate, and make recommendations for the prompt disposition of health and safety complaints or concerns and work refusals participate in inspections, inquiries, investigations, and audits concerning health and safety and follow up when needed advise on the development, implementation, and evaluation of an occupational health and safety policy and programs designed to improve workplace health and safety or to meet health and safety objectives participate in health and safety educational and training programs for employees and advise on the use of personal protective equipment make written recommendations as is considered appropriate participate in the co-operative auditing of the workplace to determine compliance with occupational health and safety requirements. OCCUPATIONAL HEALTH AND SAFETY REPRESENTATIVE The occupational health and safety representative acts on behalf of employees (in workplaces with 5 to 19 employees) together with the employer on matters of health and safety and is responsible to: perform the functions of an occupational health and safety representative as defined in the Occupational Health and Safety Act and regulations and maintain records of such activities work co-operatively with employees and management to identify hazards to health and safety and to develop and implement programs to respond to the hazards receive and co-operate with the employer in the investigation and prompt disposition of health and safety complaints or concerns of employees participate in inspections, inquiries, and investigations concerning health and safety of employees participate in the development, implementation, and evaluation of health and safety programs for the workplace participate in health and safety educational and training programs for employees, including the use of personal protective devices advise and make recommendations regarding the occupational health and safety policy and program and for the improvement of health and safety in the workplace participate in the co-operative auditing of compliance with the occupational health and safety requirements in the workplace make written recommendations as is considered appropriate. 4-57

146 Chapter 4: Healthy and Productive Work Environment 4.7 Occupational Health and Safety Policy PUBLIC SERVICE COMMISSION The Public Service Commission, in collaboration with government departments, provides and monitors implementation of corporate policies and program guidelines, and offers a support and consultative service, to assist departments and employees in meeting their responsibilities for health and safety. The Public Service Commission will: coordinate the development and review of the corporate health and safety policy, corporate occupational health and safety programs and guidelines provide a consultative support service to departments on matters relating to occupational health and safety provide corporate statistical reports on departmental and corporate performance on key health and safety indicators monitor, audit, and evaluate occupational health and safety compliance and performance with legislated standards in government workplaces lead corporate initiatives, work with departments, joint health and safety committees, and health and safety representatives to facilitate improvements in health and safety and to prevent workplace injuries and illnesses liaise with the unions, external agencies, and the Department of Labour and Advanced Education on health and safety issues and government-wide initiatives to ensure that the obligations of government are met under the Occupational Health and Safety Act and regulations. JOINT OCCUPATIONAL HEALTH AND SAFETY MASTER COMMITTEE The Joint Occupational Health and Safety Master Committee is a committee established under the Nova Scotia Government and General Employees Union (NSGEU) collective agreements and has representatives from the Public Service Commission, NSGEU, Canadian Union of Public Employees (CUPE), and government departments. This committee is responsible to: provide input to the development of corporate policy, program(s), and guidelines make recommendations to the Public Service Commissioner and to the union executive on issues of health and safety that are of government-wide concern and of strategic significance to government workplaces in general. 4-58

147 Chapter 4: Healthy and Productive Work Environment 4.7 Occupational Health and Safety Policy Monitoring LINE DEPARTMENTS The deputy head in each department will ensure that monitoring of the implementation of the policy takes place in the department and that there is reporting on the performance and effectiveness of departmental occupational health and safety programs and initiatives. The department shall prepare an annual report on the department s occupational health and safety performance including documenting their efforts in improving their occupational health and safety program. PUBLIC SERVICE COMMISSION The Public Service Commission will actively monitor and audit compliance with the corporate Occupational Health and Safety Policy and legislated standards and may evaluate occupational health and safety policy performance in government departments. References Occupational Health and Safety Act, 1996, c.7, s.1 Freedom of Information and Protection of Privacy Act, 1993, c.5, s.1, 4A(1), 4A(2)(m), and 27(a) Reference Guide to the Occupational Health and Safety Act, as revised Healthy Workplace Policy Enquiries All enquiries relating to the interpretation and application of this policy should be referred to: Occupational Health and Safety Consultant Public Service Commission PO Box 943 Halifax, Nova Scotia B3J 2V9 Phone: (902) Fax: (902) Approval date: May 14, 1997 Effective date: July 1, 1997 Approved by: Executive Council Administrative update: August 20,

148 Chapter 4: Healthy and Productive Work Environment 4.7 Occupational Health and Safety Policy 4-60

149 4.8 HIV/AIDS in the Work Place Chapter 4: Healthy and Protective Work Environment 4.8 HIV/AIDS in the Work Place Policy Statement The prohibits discrimination against employees, clients or job applicants living with or affected by HIV (Human Immunodeficiency Virus) or AIDS (Acquired Immune Deficiency Syndrome). HIV infection and AIDS will be treated the same as other illnesses in terms of employee policies, programs and benefits such as sick leave, dental, health, disability, and life insurance. Employees living with or affected by HIV infection and AIDS will be treated with compassion and understanding, as are employees with other disabling conditions. Government is committed to maintaining a safe and healthy work environment for all employees and clients. This commitment stands on the recognition that HIV and therefore AIDS, is not transmitted through casual contact. HIV positive persons pose virtually no risk to those with whom they interact in most circumstances in the workplace. In work situations where there is occupational risk of exposure to HIV, appropriate occupational health and safety practices and employee training shall be implemented. Policy Objectives The objectives of this policy are to create a workplace environment and culture where: HIV/AIDS related issues are managed effectively and in a compassionate, supportive manner there is no tolerance for any form of discrimination or harassment individual privacy (confidentiality) and human rights are respected health and safety practices are implemented that serve to eliminate or reduce the risk of exposure to HIV infection through the performance of job duties employees are informed about HIV/AIDS, including how it is transmitted and how to protect themselves 4-61

150 Chapter 4: Healthy and Protective Work Environment 4.8 HIV/AIDS in the Work Place Application This policy applies to all employees of the. Policy Directives Employees and persons seeking employment will not be required to undergo testing to determine the presence of HIV antibodies, unless it has been determined to be a bona fide occupational requirement. In cases of occupational exposure to blood or body fluids, HIV testing will be offered as part of a post exposure protocol accompanied by appropriate counseling, including information regarding Workers Compensation. All testing will be voluntary and carried out with informed consent. Employees at potential risk of exposure to HIV or with the potential to transmit HIV, because of job duties or responsibilities will be provided hazard information and a hazard control program consistent with the requirements of the Occupational Health and Safety Act. The program must be based on accepted occupational health and safety standards and provide the personal protective equipment recommended by currently accepted bloodborne pathogen control strategies. Employees with HIV/AIDS, as any illness or injury, will be encouraged and supported to continue working as long as they are able to perform the essential components of their job safely, meet acceptable performance standards, and can be reasonably accommodated. Employees are expected to continue working relationships with any co worker or client who has or is perceived to have HIV infection or AIDS. A refusal to work with, withhold services from, harass or otherwise discriminate against an individual with HIV infection or AIDS will be subject to the same disciplinary procedures that apply to other policy violations. Employees personal information will be protected in accordance with the Freedom of Information and Protection of Privacy Act. When medical information of a confidential nature is required from employees, as in the benefit and disability management process (return to work process), it shall be kept confidential and disclosed only as required by law. Managers will be provided fitness for work information, and not information of a medically confidential nature, when employees are returning to the workplace after an injury or illness on a modified/ alternate work assignment. 4-62

151 Chapter 4: Healthy and Protective Work Environment 4.8 HIV/AIDS in the Work Place Government departments must make reasonable efforts to provide managers and employees with educational programs and guidelines that support the prevention of infection with HIV and that will assist in the management of issues related to HIV infection and AIDS in the workplace. Such programs will include current information about HIV/AIDS and about rights and responsibilities regarding HIV/ AIDS in the workplace. New employees are to be informed of this policy as part of orientation activities. Accountability DEPUTY HEAD The Deputy Head of each department, agency, board and commission is responsible for ensuring the consistent application of this policy. DIRECTORS OF HUMAN RESOURCES/DEPARTMENTAL MANAGEMENT Directors of Human Resources and departmental management are responsible for the establishment and administration of internal programs and procedures to address particular needs related to this policy, including occupation specific risk of exposure and for supporting the effective management of issues related to HIV infection and AIDS in the workplace. PUBLIC SERVICE COMMISSION The Public Service Commission is responsible for developing and maintaining this Policy and for providing advice and assistance to departments in order to manage HIV/AIDS workplace issues effectively. The Public Service Commission will provide advisory support to line departments in the development of programs to meet specific needs, including the case management of ill or injured employees and employee educational programs. Monitoring Departments are responsible for the consistent implementation and monitoring of the policy. The Public Service Commission will consult periodically with government departments and with the Interdepartmental AIDS Liaison Committee to receive feedback regarding the relevancy, usefulness and effectiveness of the policy and programs established to support the policy. 4-63

152 Chapter 4: Healthy and Protective Work Environment 4.8 HIV/AIDS in the Work Place References Freedom of Information and Protection of Privacy Act (FOIPOP) Nova Scotia Human Rights Act Nova Scotia Occupational Health & Safety Act Employee Personnel Record Policy (Management Manual 500, Chapter 11.2) Occupational Health and Safety Policy Nova Scotia Advisory Commission on AIDS Interdepartmental AIDS Liaison Committee Enquiries Occupational Health and Safety Consultant Public Service Commission PO Box 943, Halifax B3J 2V9 Phone: (902) Fax: (902) Appendices Appendix 4-E: Glossary Of Terms HIV/AIDS Approval date: October 16, 2001 Effective date: November 16, 2001 Approved by: Minister Administrative update: June 26, 2012 Public Service Commission 4-64

153 Chapter 4: Healthy and Protective Work Environment 4.8 HIV/AIDS in the Work Place Appendix 4-E Glossary of Terms HIV/AIDS HIV HUMAN IMMUNODEFICIENCY VIRUS HIV is the virus which causes AIDS. HIV attacks a specific kind of cell that is part of the body s immune system. This reduces the body s ability to fight off disease. HIV can also directly attack the brain and the nervous system. HIV can only be contracted through a few, very specific ways. The virus is carried in body fluids such as blood, semen and vaginal fluids. In order for the transmission of HIV to occur, the blood, semen or vaginal fluids from a person infected with HIV must enter the blood stream of another person. This happens through unprotected vaginal, anal, or oral intercourse with a person who is infected with HIV; through use of unsterile needles and syringes and skin piercing instruments; from HIV infected mother to baby through pregnancy, during birth or through breast feeding; or in transfusions or injections of infected blood or blood products. (All blood products have been screened for HIV since 1985.) HIV affects people in different ways. Some people become ill and develop AIDS in a very short time and others take several years after becoming infected with HIV before AIDS develops. AIDS ACQUIRED IMMUNODEFICIENCY SYNDROME AIDS is the last stage of a long term infection with HIV. Over time, the immune system becomes so damaged that an HIV infected person can no longer fight off a number of life threatening infections and cancers. These illnesses take advantage of the opportunity presented by a weakened immune system, and are referred to as opportunistic infections. AIDS is diagnosed when three conditions exist: the person has tested HIV positive, there are clinical indications that the immune system is breaking down, and the person has an opportunistic infection or cancer. CASUAL CONTACT Refers to activities that bring someone in contact with another person or a common object such as shaking hands, hugging, being close to someone who is coughing, sneezing, crying, touching common objects such as mail, money, door knobs, telephones, toilet seats or swimming in a public pool. There is no evidence to suggest that HIV can be spread through casual person to person contact in any setting; 4-65

154 Chapter 4: Healthy and Protective Work Environment 4.8 HIV/AIDS in the Work Place therefore, under normal working conditions, employees and others with HIV infection or AIDS do not pose a risk to others in the workplace. OCCUPATIONAL RISK OF EXPOSURE Refers to employee/client interface where job duties and responsibilities may involve contact (actual or potential) with human blood and other bodily fluids and to those who volunteer to provide first aid services while at work. BLOODBORNE PATHOGEN CONTROL STRATEGIES Blood and certain body fluids can be infected with tiny organisms that can cause disease in humans. These micro organisms are known as bloodborne pathogens. The bloodborne pathogens of most concern are the human immunodeficiency virus (HIV) and the hepatitis B and C viruses. In a workplace where there is a particular risk of exposure to blood and certain body fluids, the employer must offer education and training programs, provide the materials and personal protective equipment necessary for implementing infection control measures which are the same for HIV and Hepatitis B and C. The employer must also make sure these measures are respected. INTERDEPARTMENTAL AIDS LIAISON COMMITTEE This Committee, originally formed in 1994, was mandated to monitor the implementation of the Nova Scotia AIDS Strategy. In 1998, a revised mandate was adopted which states the Committee will work to achieve coordinated government action on HIV/AIDS issues in Nova Scotia. The Committee consists of representatives from the following departments: Health, Community Services, Education, Environment and Labour, Justice, Human Resources, Human Rights Commission, and the Advisory Commission on AIDS. The Advisory Commission on AIDS acts as secretariat for this Committee. NOVA SCOTIA ADVISORY COMMISSION ON AIDS The Advisory Commission was formally appointed in the fall of 1989, to act as a resource for all government departments around issues relating to HIV/ AIDS. The Advisory Commission works to create a policy climate through which all Nova Scotians can work together to prevent the transmission of the Human Immunodeficiency Virus, and to care for persons affected by HIV, by employing policies and programs that are reasonable, enlightened and compassionate. The Advisory Commission on AIDS can be contacted at: Phone: (902) Fax: (902)

155 4.9 Respectful Workplace Policy Chapter 4: Healthy and Productive Work Environment 4.9 Respectful Workplace Policy Policy Statement The is committed to a healthy, safe and supportive workplace and is committed to providing a work environment that values diversity and where all persons are treated with respect and dignity. It is the right of all employees to work in an environment free from harassment, sexual harassment, and discrimination. Harassment, sexual harassment, and discrimination (offensive behaviour) affect the workplace and the well-being of individuals and will not be tolerated. Whether the source of the offensive behaviour comes from within government or outside, any allegation of offensive behaviour will be taken seriously and dealt with promptly. This policy promotes awareness, prevention, and prompt resolution of offensive behaviour. It is the intent of this policy to promote employee involvement in resolving situations. Resolution through the informal process is encouraged, as is the use of mediation, at any stage. The Nova Scotia Human Rights Act prohibits sexual harassment and discrimination on the basis of the protected characteristics set out in the Act. The government s policy goes beyond the parameters of legislation by prohibiting other types of workplace harassment. Definitions COMPLAINANT An employee(s) who has made a complaint under this policy, whether formal or informal, alleging that offensive behaviour has occurred. Complainant includes a third party complainant. COORDINATOR Refers to the Respectful Workplace Coordinator, Public Service Commission, or delegate. DEPARTMENT Any government department, office, or public service entity listed in Category I of Appendix I-A, Management Manual 100, Chapter 1, Policy 1.2 Management Manuals Policy. 4-67

156 Chapter 4: Healthy and Productive Work Environment 4.9 Respectful Workplace Policy DEPUTY HEAD The deputy of the member of the Executive Council presiding over a department and all others whom the Governor in Council from time to time designates as having the status of deputy head. DISCRIMINATION Means discrimination as defined under the Nova Scotia Human Rights Act. EMPLOYEE Means: an employee as defined in the Civil Service Act an employee as defined in the Corrections Act an employee as defined in the Highway Workers Collective Bargaining Act; or any other person directly employed by the Province of Nova Scotia. FORMAL COMPLAINT A written allegation of offensive behaviour that is submitted to the Respectful Workplace Coordinator on the approved complaint form. A complaint may include: a) a third party complaint b) a referral to the Respectful Workplace Coordinator by a human resource professional HARASSMENT Derogatory (e.g. condescending, insulting, belittling) or vexatious (e.g. aggressive, angry, antagonistic) conduct or comments that are known or ought reasonably to be known to be offensive or unwelcome and includes actions or comments that are directed at no person in particular but that create an intimidating, demeaning or offensive work environment. Bullying is a form of harassment. HUMAN RESOURCE PROFESSIONAL An employee who is accountable for the provision of consultation, advice, guidance and direction on human resource matters, and/or for the delivery of human resource programs and services to the management and staff of the Province of Nova Scotia and includes a Human Resource Director, Manager or Consultant. INFORMAL COMPLAINT An allegation of offensive behaviour, that is brought to a manager or human resource professional which is dealt with through the informal process and may include a third party complaint. 4-68

157 Chapter 4: Healthy and Productive Work Environment 4.9 Respectful Workplace Policy INVESTIGATION A careful search or examination in order to discover facts. INVESTIGATOR An individual(s) appointed by the Coordinator to investigate through fact finding complaints of offensive behaviour. MEDIATION A voluntary process used to resolve conflict by having a neutral person help the parties to the dispute attempt to arrive at a mutually acceptable solution. MEDIATOR A neutral person appointed by the Coordinator to help the parties to a dispute, attempt to arrive at a mutually acceptable solution. NON-EMPLOYEE Refers to a person who is engaged in work activities at a government workplace who is not a direct employee of government. This includes, but is not limited to, volunteers, temporary agency employees, students on work-terms, contractors and custodial staff. OFFENSIVE BEHAVIOUR Means harassment, sexual harassment, or discrimination. REASONABLY OUGHT TO KNOW OR HAVE KNOWN The reasonably ought to know or have known standard refers to an objective assessment of how a specific behaviour might generally be received. RESPONDENT An employee(s) against whom allegations of offensive behaviour are made through the formal or informal complaint process and includes a manager who is alleged to have failed to take reasonable action in the circumstances, to protect an employee from offensive behaviour. RETALIATION Taking or threatening to take an unjustified employment action against an employee who has made a complaint or participated in an investigation under this policy. Retaliation may include any negative changes in the terms and conditions of an employee s employment, including transfers, changes in work schedule or assignments, negative performance evaluations, unwarranted discipline, harassment, denial of promotion or work schedule requests, or denial of training. Retaliation may also include any offensive behaviour towards the employee by another employee. 4-69

158 Chapter 4: Healthy and Productive Work Environment 4.9 Respectful Workplace Policy Retaliation does not include a complaint or a response to a complaint, made in good faith, under this policy. SEXUAL HARASSMENT i) Vexatious sexual conduct or a course of comment that is known or ought reasonably to be known as unwelcome, ii) A sexual solicitation or advance made to an individual where the other individual is in a position to confer a benefit on, or deny a benefit to, the individual to whom the solicitation or advance is made, where the individual who makes the solicitation or advance knows or ought reasonably to know that it is unwelcome, or iii)a reprisal or threat of reprisal against an individual for rejecting a sexual solicitation or advance iv)comments, gestures or physical conduct of a sexual nature, or actions or comments with a sexual connotation or component that are directed at no person in particular but that create an intimidating, demeaning or offensive work environment, where an individual knows or ought to reasonably know that the behaviour is unwelcome. WORKPLACE Any place occupied by an employee as part of their employment which includes, but is not limited to, lunchrooms, a client s home or work site, vehicle, training events, conferences, business travel, work-related social gatherings, or other location where an employee is engaged in activity associated with employment. Policy Objectives This policy seeks to: promote awareness for employees and create understanding as to what is considered offensive behaviour provide a work environment that is free from all forms of offensive behaviour provide a mechanism to have offensive behaviour addressed and eliminated from the workplace Application This policy applies to all civil servants whose terms and conditions are set out in accordance with the Civil Service Act and regulations and other direct employees of the provincial government, including all bargaining unit employees. 4-70

159 Chapter 4: Healthy and Productive Work Environment 4.9 Respectful Workplace Policy Policy Directives SUBSTANTIVE DIRECTIVES Managers are to lead by example and take reasonable measures to ensure a work environment that is free from offensive behaviour. If a manager or a human resource professional is made aware of an alleged violation of this policy, they are required to take reasonable action in the circumstances to address the allegation within ten (10) working days. This applies to situations that involve employees as well as nonemployees working in a government workplace. Managers are to take all reasonable steps to ensure that their employees do not act offensively toward employees, non-employees or clients/customers. Nothing in this policy restricts a manager s authority and obligation to manage the performance of employees or take appropriate disciplinary action when necessary. All information regarding a complaint is to be treated as confidential and will be disclosed on a need to know basis only. Information related to a Respectful Workplace complaint, whether formal or informal, will not be held on an employee s file. Disciplinary action resulting from a Respectful Workplace matter will be held on an employee s file in accordance with the appropriate collective agreement or the Civil Service Act, as required. Complaints should be undertaken with great care because they may result in damage to the respondent s reputation and disruptions in the workplace. Complaints which are frivolous, vexatious or made in bad faith may result in disciplinary action against the complainant. Support will be provided, as necessary, to remove barriers to the complaint process for individuals with disabilities and/or low literacy skills. Retaliation is prohibited against anyone who has made a complaint or has participated in an investigation under this policy. Retaliation may result in disciplinary action. Retaliation does not include a complaint or a response to a complaint, made in good faith, under this policy. PROCEDURAL DIRECTIVES The Public Service Commission will develop procedures related to this policy and will maintain a Respectful Workplace Procedures Manual. The rules of procedural fairness govern all activities under the complaint process. An individual against whom allegations of offensive behaviour have been made shall 4-71

160 Chapter 4: Healthy and Productive Work Environment 4.9 Respectful Workplace Policy be made aware of the allegations and be provided with an opportunity to respond to them. Decisions under this policy that affect an individual s rights will be made without bias. A complaint under this policy shall be made within 12 months of the alleged offensive behaviour. In extenuating circumstances, complaints may be considered beyond 12 months, in consultation with the Coordinator. Complaints will be processed efficiently and as expeditiously as possible with regard to all the circumstances, in accordance with time limits established in this policy and in the Public Service Commission s Respectful Workplace Procedures Manual. The Coordinator may extend the time limits specified at any stage of the process where it is necessary to ensure procedural fairness or otherwise in the best interest of the parties and may do so at the request of one or more parties. The Coordinator will ensure that the appropriate parties are notified of any time limit extensions. If at any time after making a formal complaint, the complainant wishes to abandon the formal complaint, s/he must communicate this, in writing, to the Coordinator. The Coordinator will determine whether further action is required to address the allegations raised in the formal complaint, including but not limited to, whether an investigation should proceed. If at any time after making an informal complaint, the complainant wishes to abandon the informal complaint, the manager or Director of Human Resources, as appropriate, will determine whether further action is required to address the allegations, including whether the matter should be referred to the Respectful Workplace Coordinator. Guidelines RESOLUTION OPTIONS The following resolution options are available to all employees. Selection of either option does not supersede or eliminate the right of bargaining unit employees to the grievance procedure. INFORMAL PROCESS Employees who believe they are experiencing offensive behaviour may choose to speak directly with the person(s) and inform them that their behaviour is unwelcome and must stop. 4-72

161 Chapter 4: Healthy and Productive Work Environment 4.9 Respectful Workplace Policy Employees may choose to make an informal complaint to a manager or human resource professional. Refer to procedures as approved by the Public Service Commission. For offensive behaviour by non-employees or clients/customers, refer to procedures, as approved by the Public Service Commission. FORMAL PROCESS Employees may choose to make a formal complaint to the Respectful Workplace Coordinator. Refer to Procedure as approved by the Public Service Commission. OTHER OPTIONS Complainants may, instead of the complaint procedures under this policy, file a complaint under any of the following options where applicable: Grievance Procedure - bargaining unit employees may file a grievance pursuant to the applicable collective agreement. For additional information about the grievance procedure, employees may contact their union. complaint to the Nova Scotia Human Rights Commission complaint under the Criminal Code Accountability DEPUTY HEADS Deputy Heads are responsible for: ensuring all employees are provided with an opportunity to attend mandatory respectful workplace training; taking steps to create an environment free from offensive behaviour; determining appropriate action in response to investigative findings. MANAGERS Managers are responsible for: modeling respect; attending appropriate mandatory respectful workplace training; ensuring all employees are provided with an opportunity to attend mandatory respectful workplace training; taking action to protect employees and others from offensive behaviour; responding to allegations of offensive behaviour through the informal complaint process; determining, with support from human resources and/or the Coordinator, whether an informal complaint is appropriate for resolution under this policy; 4-73

162 Chapter 4: Healthy and Productive Work Environment 4.9 Respectful Workplace Policy making decisions, with support from human resources and/or the Coordinator, as to appropriate resolution options; determining whether further action is required where an individual wishes to abandon an informal complaint. EMPLOYEES Employees are responsible for: attending respectful workplace training; treating all persons with respect and dignity. cooperating with Respectful Workplace processes as required. DIRECTORS OF HUMAN RESOURCES Directors of Human Resources are responsible for: discharging the accountabilities of a human resource professional; directing the activities of human resource professionals in accordance with their role and accountabilities under this policy; determining whether further action is required where an individual wishes to abandon an informal complaint; determining whether an informal complaint is appropriate for resolution under this policy; making decisions as to appropriate resolution options for informal complaints; providing advice to Deputy Heads on workplace restoration and/or discipline. HUMAN RESOURCE PROFESSIONALS Human Resource Professionals are responsible for: responding to allegations of offensive behaviour through the informal complaint process; referring matters to the Respectful Workplace Coordinator as appropriate; responding to inquiries from employees and managers; providing referrals to the Employee Assistance Program. RESPECTFUL WORKPLACE COORDINATOR Respectful Workplace Coordinator is responsible for: providing policy advice; determining whether a formal complaint is appropriate for resolution under this policy; making decisions as to appropriate resolution options; assigning mediators and/or investigators; ensuring complaints are processed in a fair, efficient and transparent manner; providing advice as required, to Deputy Heads on workplace restoration; 4-74

163 Chapter 4: Healthy and Productive Work Environment 4.9 Respectful Workplace Policy providing support to employees, managers and human resource professionals using the informal complaint process; taking appropriate action where a breach of a mediated settlement agreement is alleged; overseeing the development and delivery of respectful workplace training. PUBLIC SERVICE COMMISSION Public Service Commission is responsible for: evaluating the effectiveness of this policy; monitoring compliance with this policy; developing procedures related to this policy. Monitoring The Public Service Commission shall monitor the effectiveness of the policy and coordinate periodic reviews. References Civil Service Act and regulations Corrections Act Criminal Code of Canada Highway Workers Collective Bargaining Act Nova Scotia Human Rights Act Occupational Health & Safety Act Respectful Workplace Procedures Manual Enquiries Public Service Commission (902) Approval date: April 25, 2012 Effective date: July 3, 2012 Approved by: Treasury Board Administrative update: 4-75

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165 Chapter 5: Employee and Organizational Development

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167 Chapter 5: Employee and Organizational Development 5.1 Corporate Employee Orientation Policy 5.1 Corporate Employee Orientation Policy Policy Statement The is committed to welcoming, supporting and recognizing employees when they start a new job in government. Effective employee orientation provides corporate, department, and job-specific information to help employees understand their role in the public service, preparing them for success in their new role. This policy provides the foundation for employee orientation programs within the. Definitions DEPUTY HEAD The deputy of the member of the Executive Council presiding over a department and all others whom the Governor in Council from time to time designates as having the status of deputy head. DEPARTMENTS Any department, office or public service entity established by the Government of Nova Scotia, as identified under Category 1 in Appendix 1-A of the Management Manuals Policy. EMPLOYEE An employee as defined in the Civil Service Act; an employee as defined in the Corrections Act; an employee as defined in the Highway Workers Collective Bargaining Act; any other person directly employed by the Province of Nova Scotia. VALUES Respect, integrity, diversity, accountability, and the public good, as defined in the Corporate Human Resource Plan, and/or values as defined in department business plans. 5-1

168 Chapter 5: Employee and Organizational Development 5.1 Corporate Employee Orientation Policy EMPLOYEE ORIENTATION The process used to welcome, support and recognize a new employee to an organization and acquaint them with the business goals, organizational structure, strategies, policies, procedures, organizational culture and role expectations related to a new job. Employee orientation in the is comprised of three components: corporate, department and job-specific employee orientation. CORPORATE EMPLOYEE ORIENTATION Information related to government as an employer, such as its vision, priorities, values, structure and culture. DEPARTMENT EMPLOYEE ORIENTATION Information related to the employee s hiring department, such as its vision, priorities, structure and culture, in relation to the organization. JOB-SPECIFIC EMPLOYEE ORIENTATION Information related to the employee s role and responsibilities, their immediate work environment and their terms and conditions of employment. Policy Objectives To consistently and effectively support, recognize and welcome employees in a timely manner, as they start a new job in government. To ensure employees are informed about government s goals, structure, strategies and policies. To provide a framework and resources to assist the development of comprehensive employee orientation programs in government. To support government s attraction and retention strategies. Application This policy applies to all civil servants whose terms and conditions are set out in accordance with the Civil Service Act and regulations and other direct employees of the provincial government including all bargaining unit employees. This policy applies to new employees to government, as well as existing employees transferring to new positions within government. 5-2

169 Chapter 5: Employee and Organizational Development 5.1 Corporate Employee Orientation Policy Policy Directives Every new employee and existing employee commencing a new position within government will receive an employee orientation. Employee orientation must be delivered in a timely manner, ideally starting on the employee s first day. Employee orientation programs must reflect three components: corporate, department and job-related information. The Public Service Commission will develop and periodically review the corporate employee orientation program to ensure that the information is relevant and current. Departments will develop and periodically review their department employee orientation programs to ensure that the information is relevant and current. As part of employee orientation and consistent with the performance management process, managers will jointly establish a performance plan with employees to ensure a clear understanding of performance goals and expected results, as it relates to the department s and government s business goals. Costs related to department-specific and job-specific employee orientation programs will be managed from within departmental budgets. Deputy heads are responsible for the costs associated with department and job-specific employee orientation programs and must authorize all expenditures related to employee orientation activities. Participating in employee orientation is part of an employee s work responsibility. Hence, employees will not be deducted for time taken to attend, or travel to, an orientation event held during their regularly scheduled hours of work. Time taken from regular work hours to attend, or travel to, an orientation event is treated as time worked in straight time hours. Employees who travel to attend an orientation event will be reimbursed for travel expenses in accordance with government s travel policy. Policy Guidelines A variety of learning methods may be used to support employee orientation programs. Examples include: formal information sessions, directed readings, coaching, peer support and self-initiated learning. Employee orientation programs may be flexible to meet individual department and employee needs and should be reflective of public service values. 5-3

170 Chapter 5: Employee and Organizational Development 5.1 Corporate Employee Orientation Policy In implementing comprehensive employee orientation programs, departments are encouraged to use the Employee Orientation Program Guidelines that have been created by the Public Service Commission and posted on its website. Accountability PUBLIC SERVICE COMMISSION Public Service Commission is responsible for: Developing and implementing the corporate employee orientation program. Providing advice and assistance to departments regarding the application of this policy. Providing tools to departments to support their employee orientation programs. Providing support to departments as required. DEPUTY HEADS Deputy Heads are responsible for: Leading the development and implementation of department employee orientation programs appropriate to the individual needs of the department and new employees. Integrating elements of this policy within their departmental employee orientation program, and complying with its directives. Communicating department values, goals and objectives when engaging in employee orientation activities. Authorizing and monitoring expenditures related to employee orientation. MANAGERS Managers are responsible for: Ensuring employees are supported, welcomed and recognized when they start a new job. Leading the development and implementation of job-specific orientation programs. Initiating the employee orientation process on the employee s first day in their new job. Ensuring employees participate in an employee orientation program that includes corporate, department and job-specific employee orientation content. 5-4

171 Chapter 5: Employee and Organizational Development 5.1 Corporate Employee Orientation Policy EMPLOYEES Employees are responsible for: Participating in employee orientation activities, when they are commencing a new role. Supporting, welcoming and recognizing fellow employees when they commence a new role. Monitoring The Public Service Commission will be responsible for monitoring the effectiveness and consistent application of this policy. The Public Service Commission may periodically conduct audits of department practices and require access to data maintained by departments with respect to this policy. Departments will be responsible for monitoring and evaluating the effectiveness of their own employee orientation programs. References Civil Service Act General Civil Service Regulations Highway Workers Collective Bargaining Act Corrections Act Management Manuals Policy Performance Management Policy Travel Policy Corporate Human Resource Plan Enquiries Strategic Support Services Public Service Commission (902) Approval date: January 8, 2009 Effective date: February 2, 2009 Approved by: Executive Council Administrative update: June 26,

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173 Chapter 5: Employee and Organizational Development 5.2 Performance Management Policy 5.2 Performance Management Policy Policy Statement The Province of Nova Scotia is committed to supporting employees to perform and grow in their current and future roles through effective performance management. A key element of performance management is the alignment of individual and team goals with department business planning to support government priorities. The performance management process, through employee planning and development reviews, empowers employees to succeed and achieve their potential within government and to be enablers of responsive and effective government. Definitions COACHING An ongoing process whereby an employee who supervises others, guides or facilitates the continuous improvement of an employee s performance. It includes the timely provision of constructive feedback, meaningful recognition, support for learning and development and assisting the employee with self-awareness and self-evaluation. COMPETENCY The skills, knowledge, and behaviours needed to perform a job. GOALS/OBJECTIVES The results an employee must achieve in the upcoming performance cycle. Goals/ objectives should be aligned with their department and government priorities. EMPLOYEE PLANNING AND DEVELOPMENT FORM A document which details employee work, goals, and objectives established between an employee and manager/supervisor for the upcoming performance cycle. If applicable, employees will have competency goals. EMPLOYEE PLANNING AND DEVELOPMENT REVIEW The informal and formal meetings between an employee and manager/supervisor to discuss the achievement and status of performance goals. MANAGER/SUPERVISOR The person who plans and reviews the performance of an employee. This person directs the work of the employee on a daily and ongoing basis. This definition also includes senior management. Page 1 of 6

174 Chapter 5: Employee and Organizational Development 5.2 Performance Management Policy REVIEWING MANAGER/SUPERVISOR The person who verifies the employee planning and development reviews done by other managers/supervisors for accuracy and consistency. This person is usually at a higher level in the organization s structure. PERFORMANCE MANAGEMENT A process that links government priorities and department business plans to individual employee goals and ensures they are consistently being met in an effective and efficient manner. Policy Objectives Support government priorities by aligning individual and team goals with departmental business plans; Provide a balanced approach to measure employee performance results and competencies; Encourage the development of employees through regular coaching, reviews, and dialogue; and Promote job satisfaction in a motivating environment and recognize good performance. Application This policy applies to all civil servants whose terms and conditions are set out in accordance with either the Civil Service Act and its regulations or the Civil Service Master Agreement between the Province of Nova Scotia and Nova Scotia Government and General Employees Union. If there is a conflict between this policy and the provisions of the collective agreement, the collective agreement will take precedence. Policy Directives EMPLOYEE PLANNING AND DEVELOPMENT REVIEW Employee performance must be formally reviewed in relation to the employee s goals/objectives and expected results. Each employee will have an employee planning and development review conducted annually, or on a change of position or appointment, or more frequently as required. Managers/supervisors are encouraged to have regular check-ins with employees throughout the performance cycle on their documented goals. Page 2 of 6

175 Chapter 5: Employee and Organizational Development 5.2 Performance Management Policy An employee planning and development review must be documented using the Employee Planning and Development Form developed by the Public Service Commission (PSC). This form establishes goals jointly by the manager/supervisor and employee to provide a clear understanding of goals and expected results. Individual employee goals/objectives must be linked to department business plans and must include measurable goals/objectives. Employees must be given the opportunity in the formal review to discuss, comment, and sign the form according to this policy and applicable collective agreements. An Employee Planning and Development Form should also identify employee development activities that support achievement of an employee s goals/objectives and identify opportunities for current or future professional development and career growth. Once the Employee Planning and Development Form is finalized, employees will be provided with a signed copy of the form. Managers/supervisors must file the original signed Employee Planning and Development Forms in the employee personnel record at the end of the performance cycle. PROBATIONARY EMPLOYEES Probationary employees will have interim employee planning and development reviews conducted. Managers/supervisors should check the applicable regulations or collective agreement to confirm the length of the probationary period. In circumstances where the probationary period may be extended, the employee must be notified at least one month in advance of the expiry of the initial probationary period. Where unsatisfactory performance is identified concerning a probationary employee and reasonable steps are taken to give the probationary employee an opportunity to make the required improvements and this fails to address the performance issues, the employment of the probationary employee shall be terminated. Employees who satisfactorily complete the probationary period and are appointed on a permanent basis must be provided with ongoing employee planning and development reviews. COACHING Managers/supervisors should provide employees with regular and ongoing feedback and coaching regarding job performance throughout the performance cycle. Managers/supervisors and employees must jointly keep track of the Employee Planning and Development Form and identify performance gaps and solutions in a timely fashion if necessary. Page 3 of 6

176 Chapter 5: Employee and Organizational Development 5.2 Performance Management Policy ACCESS TO EMPLOYEE PLANNING AND DEVELOPMENT REVIEWS Employee Planning and Development Forms are to be reviewed by the reviewing manager/supervisor who is responsible for preparing the review to ensure that reviews are comprehensive and consistently reflect goals/objectives established. Employee Planning and Development Forms are treated confidentially as per the Employee Personnel Record Policy. Managers/supervisors who wish to access their employee s Employee Planning and Development Form, which has been filed in the employee personnel record, must request access from their assigned human resources (HR) representative as per the Employee Personnel Record Guidelines. The Public Service Commissioner has the right to access Employee Planning and Development Forms from employee personnel records for the purposes of carrying out the responsibilities established pursuant to the Civil Service Act. UNSATISFACTORY JOB PERFORMANCE A manager/supervisor is responsible for identifying and reviewing facts that are relevant to an employee s unsatisfactory job performance. All information collected must be properly documented. Unsatisfactory performance by employees must be addressed with the employee by the manager/supervisor in a timely fashion. Specific information concerning the areas of performance gaps and the improvements expected must be provided to the employee, which should include, where appropriate, a specific date by which improvement is expected to be achieved. The manager/supervisor should inform the employee of the availability of the Employee and Family Assistance Program (EFAP). If a manager/supervisor has a reasonable basis for believing that an employee is intentionally not meeting the performance requirements of the position, this may result in disciplinary action, up to, and including, termination. Manager/supervisors should consult with appropriate advisers, including their HR representative and Employee Relations Consultant, prior to considering disciplinary action. Policy Guidelines To assist employees in the planning and development process, the PSC has developed Guidelines for Completing the Employee Planning and Development Form. These are available on MyHR under My Performance. Page 4 of 6

177 Chapter 5: Employee and Organizational Development 5.2 Performance Management Policy Accountability DEPUTY HEADS Deputy Heads are responsible for: ensuring that managers/supervisors participate fully in the employee planning and development process; ensuring that every manager/supervisor has an employee planning and development review conducted; ensuring that the Performance Management Policy and performance management process are followed; and explaining corporate/department goals and priorities to senior management; MANAGERS/SUPERVISORS Managers/supervisors (including senior management) are responsible for: participating fully in the performance management process; reviewing the department s business plan with employees; fulfilling their individual goals/objectives; establishing individual goal/objectives with employees; focusing on coaching, supporting, and developing their employees; recognizing and supporting good employee performance; at a minimum, reviewing employees performance annually or as required; sending signed Employee Planning and Development Forms for filing in the employee personnel record at the end of the performance cycle; dealing with performance issues constructively and in a timely fashion; ensuring that poor performance is clearly and consistently handled; and promoting communication, understanding, and dialogue between individuals and teams in the organization. PUBLIC SERVICE COMMISSION The PSC is responsible for: providing advice and supporting Deputy Heads, managers/supervisors, and employees with performance management; and developing, reviewing, and updating employee planning and development resources. Page 5 of 6

178 Chapter 5: Employee and Organizational Development 5.2 Performance Management Policy EMPLOYEES Employees are responsible for: participating in the establishment of individual goals/objectives; meeting their individual performance goals; participating fully in the employee planning and development process; and encouraging regular constructive dialogue and feedback on their own performance. Monitoring The PSC is responsible for monitoring the effectiveness and consistent application of this policy. The PSC may periodically conduct reviews and evaluations of practices and require access to data maintained with respect to this policy. References Employee Personnel Record Policy Employee Personnel Record Guidelines Nova Scotia Civil Service Act and Regulations Civil Service Master Agreement between Province of Nova Scotia and Nova Scotia Government and General Employees Union Employee Planning and Development Form Employee Planning and Development Form for bargaining unit (BU) and excluded (EC) employees can be found on MyHR at My Performance: Forms and Guidelines. Enquiries For further information or questions about this policy, please contact: Public Service Commission Organizational Development (902) Approval date: December 1, 1998 Effective date: January 1, 1999 Approved by: Deputy Minister, Administrative update: May 3, 2018 Department of Human Resources Page 6 of 6

179 Chapter 5: Employee and Organizational Development 5.3 Human Resources Development 5.3 Human Resources Development Purpose This chapter outlines the policy of the with respect to the development of its human resources and provides guidelines for all branches of government in the application of the policy. Note: All references to department in this chapter refer to the departmental personnel specialist (where that individual is normally assigned responsibility for human resource development activity). Policy Framework and Basic Objectives Sound human resource management is as critical to the effective development and implementation of government policies and programs as the management of financial and capital resources. The development of human resources, in accordance with organizational goals, is recognized as an essential component of human resource management and an accepted cost of government operations. It is, therefore, the policy of the to ensure that human resource development is carried out, where necessary and appropriate, in order to meet the following basic objectives: to maintain a civil service of the highest quality with individuals and teams who have the personal and professional knowledge and skills to develop and effectively implement Nova Scotia government policies and programs to meet the future needs of the Nova Scotia government for qualified employees. Staff Training PURPOSES OF TRAINING Training will be provided when supported by management as necessary and appropriate in order to meet the following purposes. JOB-RELATED TRAINING To enable employees to maintain a satisfactory level of performance in their present function. 5-15

180 Chapter 5: Employee and Organizational Development 5.3 Human Resources Development STATE-OF-THE-ART TRAINING To enable employees to remain abreast of current technology in their area of work. DEVELOPMENTAL TRAINING To prepare employees for future promotions or lateral mobility, whether related to a specific position or to a category of positions for which they have demonstrated potential. RETRAINING To assist the incumbents of redundant positions to acquire skills necessary to meet the requirements of available positions. SAFETY TRAINING To ensure that employees are capable of meeting safety standards established for the workplace. REMEDIAL TRAINING To allow employees whose performance is unsatisfactory to continue in their present positions or in other positions for which their qualifications may be better suited. Roles and Responsibilities The following is an outline of the roles and responsibilities of the Public Service Commission, departments, and employees for staff training and development. PUBLIC SERVICE COMMISSION The Public Service Commission is responsible for: providing advice and consulting services to departments in identification of needs and selection, design, conduct, and evaluation of training and development programs coordinating, developing, and contracting training and development programs to meet service-wide needs developing comprehensive human resource development policies that meet the requirements of the developing service-wide systems for the planning, control, delivery, and evaluation of training and development. DEPARTMENTS AND AGENCIES Departments and agencies are responsible for: identifying the training requirement of their employees in order to meet operational needs and government policy objectives 5-16

181 Chapter 5: Employee and Organizational Development 5.3 Human Resources Development reporting to the Public Service Commission their requirements for service-wide training making arrangements to ensure that staff are appropriately trained to meet identified needs developing and operating training programs in cases where the training needs are unique to the department or agency. EMPLOYEES Employees are responsible for: acquiring the knowledge and skills necessary to perform their present jobs effectively identifying, in conjunction with their managers, areas in which their knowledge and skills are, or may be, deficient participating in training activities provided by management (which may include formal training programs and/or on-the-job training and experience) ensuring that job knowledge and skills once outlined are maintained acquiring on their own time and at their own expense any additional training and/or education required to meet their personal development goals. Administrative Guidelines IDENTIFICATION OF TRAINING NEEDS Employee training needs are identified jointly by the employee and manager by means of the following process: Establish performance expectations for the job. Identify discrepancies between expected and actual performance. Isolate those performance gaps or problems that are due to knowledge or skill deficiencies and are not caused by other individual, organizational, or managerial problems. Identify the level of knowledge or skills that the employee requires to perform the job effectively. IDENTIFICATION OF APPROPRIATE TRAINING ACTIVITY The identification of department-specific training activities is the responsibility of departments. Consultative assistance is available from the Public Service Commission. Identification of service-wide training activities is the responsibility of the Public Service Commission in consultation with departments. These responsibilities include: 5-17

182 Chapter 5: Employee and Organizational Development 5.3 Human Resources Development establishing learning objectives based on knowledge and skill requirements establishing evaluation criteria to permit measurement of the effect of training on performance identifying alternative learning activities, which may include: on-the-job coaching and feedback programmed instruction assigned reading special projects and work assignments formal training courses selecting or developing a learning activity or combination of activities judged most appropriate to meet the training needs. SELECTION OF TRAINEES It is the responsibility of departments to select employees for training in accordance with consideration for departmental priorities, equity, identified employee needs and capabilities, and any eligibility criteria established for training activity. Some types of training should be provided to all appropriate employees, for example: orientation training for new employees and training related to safety, technological change, or legislative or policy changes. Other forms of training are by their nature of limited applicability, for example: retraining or remedial training. Employees should be selected for development training on the basis of a high level of performance, demonstrated interest, capacity to accept increased responsibility, and developmental initiatives taken independently by the employee. IMPLEMENTATION Implementation of training is the responsibility of the department in the case of department-specific training and of the Public Service Commission in the case of service-wide training. FOLLOW-UP On completion of the training, the employee is responsible for developing a plan of action for on-the-job implementation of the acquired knowledge/skills. The employee s manager is responsible for confirming the action plan and facilitating its implementation. EVALUATION OF TRAINING This is essential to determine whether the training has met the needs of the department and the individual. Such feedback may be secured by: 5-18

183 Chapter 5: Employee and Organizational Development 5.3 Human Resources Development questionnaires and/or tests upon completion of training, for which the organization delivering the training is responsible systematic follow-up of the trainee s performance on the job to measure change, for which the department is responsible. Consultative assistance is available from the Public Service Commission. Enquiries General Enquiries, Public Service Commission (902) Approval date: January 9, 2003 Effective date: September 1, 1996 Approved by: Executive Council Administrative update: June 26,

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185 Chapter 5: Employee and Organizational Development 5.4 Educational Leave 5.4 Educational Leave Purpose The capacity of organizations to meet their present and future knowledge/skill requirements is essential. Requirements for certain types of knowledge and skills can be most effectively and economically met by means of educational leave. Note: If any provision in this policy conflicts with policy established for health care institutions, the health care policy will prevail. Definitions EDUCATIONAL LEAVE Educational leave refers to leave from duty on a part- or full-time basis for the purpose of taking advanced or supplementary training, where the duration of the leave in total exceeds 30 working days per year. FINANCIAL ASSISTANCE Financial assistance refers to money paid to or on behalf of an employee for the purpose of participating in an educational program. It may include all or some portion of the employee s salary and/or course-related costs, including: tuition travel expenses books and other required materials laboratory fees registration fees any other related, legitimate expenses. Roles and Responsibilities THE PUBLIC SERVICE COMMISSION The Public Service Commission will: assist managers in identifying suitable educational programs to meet training/ development needs prepare periodic reports on the service-wide utilization of educational leave/ assistance and related financial implications. 5-21

186 Chapter 5: Employee and Organizational Development 5.4 Educational Leave DEPARTMENTS AND AGENCIES The department or agency concerned will: ensure that all reasonable requests by employees for educational leave/assistance are considered fairly and equitably ensure that training/development needs referred to in submitted applications are consistent with overall departmental objectives, priorities, and plans submit recommendations for educational leave and financial assistance to the Deputy Minister of their department ensure that educational leave and related financial assistance are granted in accordance with the terms and conditions established by this policy monitor compliance with the conditions established by the policy by maintaining an educational leave information system. Administrative Guidelines ELIGIBILITY FOR LEAVE AND FINANCIAL ASSISTANCE Any civil service employee who is recommended by his/her department as a candidate for staff training and development in order to more effectively carry out his/her present or planned future responsibilities is considered eligible to receive leave and financial assistance. AMOUNT OF FINANCIAL ASSISTANCE Educational leave may be fully subsidized, partially subsidized, or granted with no financial assistance. The amount of financial assistance granted to an employee for educational leave is proportional to the benefit that the department can reasonably expect to derive from its investment. Financial assistance should therefore be determined according to the following guidelines: Full salary plus full tuition and any other agreed-upon expenses Fully subsidized educational leave may be granted when the educational program: meets a knowledge/skill requirement that is essential for the efficient and effective operation of a departmental program relates specifically to the employee s present or planned work requirements primarily benefits the department. Partial salary and/or agreed-upon expenses Partially subsidized educational leave may be granted when the educational program: contributes significantly to the department s operations but is not essential 5-22

187 Chapter 5: Employee and Organizational Development 5.4 Educational Leave is generally related to the employee s present or planned work requirements mutually benefits the department and employee. No financial assistance Leave for educational purposes may be granted without pay or other financial assistance when the educational program: is not required by the department is not related to the employee s present or planned work requirements primarily benefits the employee. FINANCIAL ASSISTANCE FROM ANOTHER SOURCE If an employee receives financial assistance for educational purposes from a source other than the Nova Scotia government (for example: scholarships, bursaries, etc.), the government financial assistance for which he/she is eligible will be reduced by the total amount received from other sources. AUTHORIZATION OF LEAVE/FINANCIAL ASSISTANCE Educational leave, with or without financial assistance, is authorized by the Deputy Minister of the employee s department. RETURN SERVICE COMMITMENT Financial assistance is provided to employees on educational leave as a loan that is repayable through service to the government for a prescribed period upon completion of the educational program. An employee who is granted educational leave with financial assistance is, therefore, required to sign a non-interest-bearing demand note for the amount of financial assistance received as well as a return service agreement stating the length of service that he/she is required to provide in return for the assistance received. No return service commitment is required on non-financially assisted leave. CALCULATION OF RETURN SERVICE COMMITMENT The minimum return service commitment is calculated at the rate of one month return service per $1,000 financial assistance on amounts exceeding $6,000. A minimum return service commitment of six months is applied on any amount of financial assistance between $1,000 and $6,000. A maximum return service commitment of 36 months applies to financial assistance exceeding $36,

188 Chapter 5: Employee and Organizational Development 5.4 Educational Leave FAILURE TO FULFIL RETURN SERVICE COMMITMENT Should an employee fail to complete the required return service commitment, the demand note will be credited with an amount that bears the same ratio to the financial assistance paid by the government as the completed service bears the total return service commitment. The balance of the demand note will be processed for collection. PROOF OF SUCCESSFUL COMPLETION Employees are required to submit to the deputy head of their department proof of successful completion of the educational program or confirmation of unsuccessful standing. Employees who do not successfully complete their program of study or fail to fulfil the requirements of the course attended will cease to be entitled for financial assistance, but are still obligated to fulfil the return service or repayment commitment on a proportional basis. EMPLOYEE BENEFITS DURING EDUCATIONAL LEAVE Educational leave with full or partial pay Regular premiums for group medical and life insurance continue to be paid by payroll deductions, and normal coverage is maintained. Superannuation contributions continue to be paid by payroll deductions, and the period of leave is regarded as service for superannuation purposes. Sick leave, vacation leave, and Public Service Award entitlements continue to be earned at the regular rate in accordance with provisions of the regulations under the Civil Service Act or the employee s collective agreement. Employees shall receive salary increases brought about by a negotiated increase or cyclical review. An employee may be granted a merit increment during leave. The employee s increment review date remains unchanged. Educational leave without pay The government continues to pay its share of group medical and life insurance premiums on behalf of employees on educational leave without pay only if the employee s contributions are maintained. Employees must arrange with the Department of Finance to pay their share of insurance premiums so that coverage is maintained during leave. 5-24

189 Chapter 5: Employee and Organizational Development 5.4 Educational Leave The government continues to make superannuation contributions on behalf of employees on leave without pay only if employee contributions are maintained. Employees must arrange with the Department of Finance for payment of their share of superannuation contributions. Sick leave, vacation leave, and Public Service Award credits are not earned during each calendar month of leave in which the employee does not receive salary for more than eight days. The employee s increment review date is deferred by the number of months of leave. Short Course Leave, Course Subsidization Many knowledge/skill requirements can be met by educational programs that do not require educational leave. For example: short courses (courses of less than 30 working days duration) study outside of working hours (correspondence courses, evening courses). Granting of leave and/or financial assistance for such activities is authorized by each department. The guidelines provided on pages 5-22 to 5-25 for determining amount of financial assistance may be applied to these categories of educational activity as well. Enquiries General Enquiries, Public Service Commission (902) Approval date: January 9, 2003 Effective date: September 1, 1996 Approved by: Executive Council Administrative update: June 26,

190 Chapter 5: Employee and Organizational Development 5.4 Educational Leave 5-26

191 Chapter 6: Employee and Organizational Information

192

193 Chapter 6: Employee and Organizational Information 6.1 Employee Identification Cards Policy 6.1 Employee Identification Cards Policy Policy Statement The is committed to providing a safe and secure work environment for its employees and visitors. The proper issuance and display of identification cards is one way to create a safer and more secure work environment. A standardized identification card also readily identifies Nova Scotia government employees when they visit other government offices and organizations. Definitions An employee is: an employee as defined in the Civil Service Act, an employee as defined in the Corrections Act, an employee as defined in the Highway Workers Collective Bargaining Act, or any other person directly employed by the Province of Nova Scotia Policy Objectives To help ensure a safe and secure work place by readily identifying government employees and by providing an identification card that is difficult to tamper with or duplicate. To enable the public, government departments, and others to clearly recognize Nova Scotia government employees by means of an identification card. Application This policy applies to all civil servants whose terms and conditions are set out in accordance with the Civil Service Act and regulations and other direct employees of the provincial government, including all bargaining unit employees. Policy Directives All government employees will be issued a standardized identification card. Government employee identification cards are to be issued to government employees only. Standardized issue government identification cards are not to be altered in any way. 6-1

194 Chapter 6: Employee and Organizational Information 6.1 Employee Identification Cards Policy The standardized identification cards are based on the template provided by Communications Nova Scotia and will contain the following information: Employee s picture on a blue background Colour code for easy identification Blue code for permanent employees Green code for other employees whose employment status has a defined end date Red code is used for employees who are security officers Grey code for contractors working with the Nova Scotia government Employee name Government department this field may contain the department s name; it is an optional field. Each department must determine if their name is to be included on all cards or excluded on all cards. Identification Card Number this is provided by the identification card administrator. Issue date is the issue date for that card. Expiry date Permanent employees will have an expiry date of five years The expiry date for non-permanent employees will be based on their anticipated last day of work All government employees will be required to display their government identification card while at the office or place of work. Each department will appoint a person responsible for processing government identification cards (referred to as the ID card administrator) or they may use the services provided by the Department of Transportation and Infrastructure Renewal (TIR). Identification cards must be returned to the employee s supervisors upon separation or transfer from their department. Supervisors are to return these cards to TIR or their department s ID card administrator. Supervisors will notify TIR or their department s ID card administrator when there is a change in service of their employees. Each Human Resources CSU will provide TIR or their department s ID card administrator with the details about new/transferred employees so that government identification cards can be issued for these employees. 6-2

195 Chapter 6: Employee and Organizational Information 6.1 Employee Identification Cards Policy Lost or stolen identification cards must be reported immediately to the employee s supervisor and to TIR or their department s ID card administrator. Departments using TIR to print their identification cards are to complete the TIR Government ID Request Form in Appendix 6-A. This form is available from the HR CSU. Policy Guidelines Contractors may be issued a contractors identification card. Any identification cards issued by a provincial government organization, in addition to the standardized identification cards, will be the responsibility of the issuing organization. Departments may decide to not issue identification cards to employees with a defined end date as a result of their length and location of employment. Accountability Deputy heads are responsible for ensuring compliance with the requirements established by this policy for use of government identification cards. Supervisors are responsible for ensuring that their staff are made aware of this policy and for complying with the policy. Employees are responsible for complying with the policy. Monitoring Departments, offices and agencies are responsible for complying with this policy. Transportation and Infrastructure Renewal may periodically conduct audits of departmental performance management practices to ascertain compliance by departments with this policy. References DSO Policy 6-3

196 Chapter 6: Employee and Organizational Information 6.1 Employee Identification Cards Policy Enquiries General Enquiries, Transportation and Infrastructure Renewal (902) Appendices Appendix 6-A TIR Government ID Request Form Approval date: May 23, 2007 Effective date: July 5, 2007 Approved by: Executive Council Administrative update: June 26,

197 Chapter 6: Employee and Organizational Information 6.1 Employee Identification Cards Policy Appendix 6-A TIR Government ID Request Form Departments may get the Department of Transportation and Infrastructure Renewal to create their Government ID cards by completing the following form for each employee requiring an ID card. Please complete and return the following form to: Inter-Departmental address Reception Dept. of Transportation and Infrastructure Renewal 1672 Granville Street, Halifax, NS B3J 3Z8 address Subject: Photo Id s Please contact your HR CSU to arrange a day for your photograph. NOTE: If photos are being sent via , please ensure they have a LIGHT BLUE background, otherwise they will be returned. Sample Department, Agency, Board, Commission Office Location Title/Position First Name Middle Name Last Name Has this person had a Nova Scotia Government Photo ID before? G G Yes No Include Department Name on ID? G Yes G No Expiry Date Status G Permanent employee G Non-permanent employee G Non-government Electronic File Name for photos being sent via Authorized HR Designate Approved by Employee s Supervisor Name (please print): Signature: Return Address (if ID is being return via mail) G This person is a: (Please note that a provincial security officer or the Executive Director, Public Works, must sign this form confirming that the employee is a security officer. Old Id Returned (Head Office Use Only) G Security officer (Red Box) Authorized Signature: Note that all fields must be completed (except for the last field which is only for security officers). Please return expired ID s to Reception at the address above. 6-5