Managing Human Resources in the Alberta Public Service during a Pandemic Emergency

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1 Background Managing Human Resources in the Alberta Public Service during a Pandemic Emergency Employee Information on Human Resource Guidelines During a Pandemic Influenza the Alberta Public Service (APS) similar to all employers in Alberta, will be impacted by shifts in the patterns of employee attendance to the degree that Alberta Health (AH) is recommending that employers plan for a 20% to 25% absentee rate over the course of the pandemic emergency. Some ministries may be affected more than others, some divisions or branches within the same ministry may have different rates of absenteeism and some ministries may not see a change in their normal patterns. Regardless, any increase in absenteeism will impact a ministry s ability to provide all of its current services to Albertans. To deal with these potential impacts, ministries have been working through AH and the Alberta Emergency Management Agency (AEMA) to plan for a pandemic emergency by determining the essential services in each ministry and how they will ensure that employees can be re-assigned, if necessary, to perform these services until all services can be resumed. Each ministry contingency plan must include the requirement for supplemental resources in cases where the delivery of defined essential services cannot be delivered from within the ministry staff compliment. Guiding Principles to Human Resource Management of the APS during a Pandemic Influenza The Alberta Public Service values of Respect, Accountability, Integrity and Excellence will guide all Pandemic HR Guidelines/Policy development and implementation. Principles and guidelines will be applied across all Departments in a one-employer manner. A pandemic emergency is considered unique and all guidelines and policies developed that are different from standard policies will only apply when pandemic response plans are activated in Alberta. In Alberta, that activation will occur at the direction of the Office of the Chief Medical Officer of Health. Activation will happen when various trigger points (e.g. increase in severity, increase in number of cases, social disruption of health care services due to increased level of demand) as a result of pandemic influenza have been reached. As the pandemic emergency reaches Alberta, or as it evolves once it has arrived, amendments or additions to these human resource guidelines may occur in order to ensure that as an employer we are considering the impact that the pandemic emergency is having on our employees and on our operations. Page 1

2 The current Collective Agreement and Public Service Commission (PSC) Directives provide a human resource framework that will meet the majority of our needs as an employer. Where changes are required, they will be issued from the Public Service Commissioner and, in the case of the Collective Agreement, only after consultation and agreement with the Alberta Union of Provincial Employees (AUPE). Grievance issues that may occur will be dealt with after the pandemic has ended. Deputy Ministers or designate may invoke clauses of these human resource guidelines upon consultation with the Public Service Commissioner. The re-assignment of employees from their current roles to performing new roles will continue to be at the discretion of the employer but whenever possible ministries will consider factors such as the employee s preference, ability and location. Reassignment will occur in the least disruptive and most respectful manner possible. An employee s pay shall not be reduced as a result of a re-assignment. An employee that is directed to stay at home will be granted leave with pay. No employee will be required to perform a function that they cannot perform safely, until the proper training has been provided. This requirement does not preclude the fact that in most cases training will include on-the-job training. All professional certifications, regulatory requirements, and required memberships in professional bodies will be adhered to when re-assigning employees. The employer will provide a safe work environment for all employees. Employees who are ill should not be at work. All employees are accountable for their personal health and wellness during a pandemic emergency and should make decisions about being at work accordingly. Employees must ensure they are fully recovered from illness before they return to work. The employer will, whenever possible, approve requests for time off from employees who need to be away from work to care for family members who are ill. Managing Compensation Appropriate compensation during a re-assignment will be determined by the classification of the position normally responsible for performing the function to which an employee is re-assigned. For the most part, given the temporary nature of a re-assignment, Acting Pay will be used to compensate those employees performing the functions of a position with a higher classification. If an employee is re-assigned to a higher level class for one work day or more, the employee will be eligible for Acting Pay. When asked to perform duties of a job with a lower classification, an employee s salary shall be maintained. Acting Incumbency shall apply from the first day the re-assignment occurs. Qualifying periods contained in the Collective Agreement and PSC Directives are suspended for the duration of the declared pandemic emergency. Page 2

3 Bargaining unit employees will be eligible for overtime compensation at time and one half of their regular hourly salary for the first two (2) hours worked in excess of their regular daily hours and double their regular hourly salary for hours worked in excess of two (2) hours. Bargaining unit employees are eligible for a shift differential or weekend premium providing they meet the criteria required to receive payment, i.e. they actually work shifts and/or weekends. Management and Opted Out and Excluded employees will be eligible for additional remuneration on the recommendation of the Deputy Minister for each day they work excessive hours during a pandemic. Employee Supervision Employees who are assigned to work for a new supervisor will report to that supervisor for all work-schedule and attendance-related matters. The new supervisor will be responsible to schedule the employee s hours of work and to authorize time off, overtime, expense accounts and travel status. The employee shall contact the new supervisor regarding requests for time off such as special leave and to report absences such as illness. Managing Requests for Time Off from Work Casual Illness Leave Employees should make every reasonable effort to contact their worksite supervisor, or acting supervisor, to advise they will be away due to illness. Shift workers must contact their supervisor at least one hour prior to the time they were expected to be at work. Employees who do not work shifts must contact their supervisor within at least one hour of the time they were expected to be at work. The supervisor may determine what further communication is required during the absence. Employees should make themselves available wherever possible for contact to be made to them by the worksite. Current illness leave provisions will continue to apply. Although the employer may request a medical certificate or other satisfactory proof of illness for casual illness, the requirement for a medical certificate will be balanced with the employee s practical ability to obtain a certificate in the midst of a pandemic emergency. General Illness Leave To obtain general illness leave benefits, the Employee is required to provide a proper medical certificate or other satisfactory proof of illness. Alberta Health will be advising Albertans not to tie up resources to diagnose the flu so it may not be possible to see a physician in the midst of a pandemic emergency. Page 3

4 As an alternative, Alberta Health Link will be recommended as a source of information for Albertans to self-diagnose and to isolate themselves as a preventative health measure. Under these circumstances, the following will be deemed as satisfactory proof of illness for the purposes of approving general illness benefits during a pandemic emergency: o a medical certificate, if available; or o a signed declaration (Appendix A) from an employee who was ill and who could not obtain a medical certificate. Special Leave Employees are currently eligible to use up to 10 days of special leave with pay at one time to care for a member of their immediate family who is ill. Pandemic Leave Deputy Ministers or designate will have the authority to approve pandemic leave when other provisions have been exhausted during the year in which a pandemic emergency occurs. Income Protection An employee who has utilized all casual illness, special leave and pandemic leave shall be allowed to use banked overtime and/or vacation entitlements to maintain their income. Leaves of Absence Leave of Absence requests are subject to operational requirements and each ministry will assess individual requests based on operational requirements. This includes requests for personal leave, time off for union business, vacation leave, and so on. Cancelling approved Leaves of Absences In the case of an emergency, a Deputy Minister or designate may cancel an approved leave of absence without pay or an approved leave of absence with pay (e.g. annual vacation) whether or not the leave has already commenced. This should only occur as a last resort after all other operational options have been considered. Employees who have commenced the leave portion of an Employee Funded Leave cannot be called back to work due to rules contained within the Income Tax Act. Direct costs incurred by the employee due to cancellation of a leave, such as flight and hotel shall be reimbursed to the employee by the Ministry. Managing Quarantine and Isolation Orders Quarantine and isolation orders may be issued by the Chief Medical Officer of Health. If an employee is quarantined through such an order, their time off from work will be approved as a leave of absence with pay. Page 4

5 This time will not be deducted from either casual or general illness entitlements. If the order is lifted and the employee must remain off work due to illness, their time off will then be compensated through their casual or general illness entitlement. Managing Layoff and Recall The employer currently has the ability to lay off employees when work is no longer available. If the effects of a pandemic emergency become severe enough to warrant work being cancelled, lay off would only be enacted after consultation with PSC and would be enacted within the provisions of the Collective Agreement and PSC Directives. Managing Travel and Subsistence Expenses There may be an increased need to review when, as an employer, we approve employee expenses that occur as a result of re-assignments to other positions or extended work hours due to managing ministry operations during a pandemic emergency. Where expenses are incurred but not expressly authorized by the Public Service Subsistence, Travel and Moving Expenses Regulation, the Deputy Minister or designate has the authority to determine if the expense falls within the intent of this regulation. The Deputy Minister or designate may also determine the amount of such reimbursement or allowance. During a pandemic emergency, the limit of one personal phone call per 24-hour period for employees on travel status is suspended. Employees will be reimbursed for a reasonable number of personal phone calls to their immediate family while on travel status. Other Uses of Private Vehicle and Rate The Deputy Minister or designate may approve the use of an employee s private vehicle consistent with the rate for Other Uses of Private Vehicle as a result of a re-assignment. Managing Workplace Health and Safety As an employer we will ensure that all worksites remain safe for our employees. Managers and supervisors must ensure that employees who show influenza symptoms ( are sent home and not allowed to attend work until they have recovered. Employees in this case would be covered under Casual or General Illness provisions based on their eligibility. This action would NOT constitute an approved Leave of Absence with Pay. Ministries are encouraged to utilize alternative work arrangements, including modified work hours and telecommuting, in order to meet operational demands. Ministries that approve employees to work from home must ensure their home worksite is safe. Page 5

6 Ministries may use the PSC home office checklist ( if operational requirements prevent a hazard assessment from being completed prior to or during a pandemic emergency (staff will complete the checklist and forward a signed copy to their supervisor when it is reasonable to do so). During a pandemic emergency, ministries will ensure a hazard assessment is completed to label the pandemic as a primary hazard and that controls for this hazard are in place and communicated to all employees. Hazard assessment process Once a pandemic influenza is identified, a pandemic influenza virus hazard assessment must be completed if not previously done. The steps include the following: o Step One list types of work and work related activities; o Step Two identify the hazards associated to work-related activities; o Step Three assess the hazards; and o Step Four implement controls, whenever possible hazards should be eliminated. Controls: - First choice engineering controls (e.g. isolate the hazard, ventilate, physical barriers (Plexiglas). - Second choice administrative controls (e.g. manage policy and procedures such as safe work procedures for respiratory etiquette, training workers, vaccination and hand hygiene). - Third choice personal protective equipment (e.g. gloves, eye protection, protective clothing, respirators as appropriate). Note: One may use a combination of any the above controls. The employer may consult with Alberta Health and/or Public Service Commission, Workplace Health as to the effectiveness of controls before implementing changes. Managing Time Limits Time limits will only be extended or placed in abeyance by the Public Service Commissioner under the following circumstances; o In consultation with AH and AEMA regarding the state of the Alberta Governments activation of Alberta s Plan for Pandemic Influenza (APPI). o After consultation and agreement by the Alberta Union of Provincial Employees (AUPE) in the case of the time limits arising from the Collective Agreement. o In consultation with ministries with respect to their ability to manage operational and human resource activities within the prescribed time limits contained in PSC Directives. It is the employer s intent to continue to meet the time limits currently contained within the Collective Agreement and PSC Directives. The employer intends to protect employee rights and entitlements throughout a pandemic emergency. Both the Collective Agreement and PSC Directives contain time limits requiring actions to occur within agreed periods of time. Examples include the following: Page 6

7 o Time limits for filing and responding to Grievances. o Time limits for filing and responding to Classification requests and appeals. o Time limits for those employees north of the 57 th parallel who are eligible for Northern Leave and Paid trips out to take those leaves. o Time limits to request and/or cancel time off requests, alternative work arrangements and so on. o Time limits for probationary periods. Managing Staffing During a pandemic emergency the following principles will guide our recruitment activities as an employer. Each ministry is expected to have a plan for staffing their existing essential services from within their own ministry and/or between ministries in accordance with the essential services protocols established by AEMA. During a pandemic emergency, short-term external hiring to meet the impact of the pandemic will be done on a wage basis with the exception of managers who will be hired on pandemic contracts of employment (Appendix B). Security screening and academic credential checks for staff hired on wages are not required. Managers hired on a pandemic contract of employment to meet staffing needs during the emergency period can be hired on condition of a satisfactory security screening and academic-credential check being completed within a reasonable time of hire. Note: Positions designated to work with vulnerable persons must have a security screening completed prior to commencement. The security screening directive will continue to apply in normal recruitment situations, including management, accounting and expenditure officers. Sending and receiving departments are to meet to discuss employees who are on secondment and whose secondment position may be impacted due to the pandemic emergency. Secondments should only be cancelled after all other operational alternatives have been considered. Pandemic impact on operations may require staffing to be completed by exemption from competition using urgency as a rationale. Page 7

8 Appendix A STATUTORY DECLARATION CANADA ) IN THE MATTER OF: ) Province of Alberta ) Request for General Illness Pursuant to Part 11, ) Sections 71, 72 and 73 of the Public Service TO WIT: ) Employment Regulation and the Master Agreement ) between AUPE and the Government of Alberta STATUTORY DECLARATION I, {Employee s Full Name}, of the {City/Town}, in the Province of Alberta, DO SOLEMNLY DECLARE THAT: 1. I am an employee of the Government of Alberta. 2. On or about {Full Date Reported on}, I provided notice to my employer that I would be absent due to General Illness. 3. The dates I was absent due to General Illness were {Start Date} to {End Date}. 4. I make this Statutory Declaration on the understanding that: (a) This statement is made under oath and can be relied upon by either side should the matter result in arbitration or dispute. DECLARED before me at the City/Town ) of, ) in the Province of Alberta this day ) of, 20 ) ) ) A Commissioner for Oaths in and for the Province of Alberta Page 8

9 Appendix B CONTRACT OF EMPLOYMENT Pandemic Emergency This Agreement dated the day of, 20 BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ALBERTA AS REPRESENTED BY THE DEPARTMENT OF (the "Department") - and - of the CITY OF of the PROVINCE OF (the "Employee") The Department and the Employee agree as follows: Position 1. The Employee is appointed to the position of. The Employee shall perform the duties of this position and any other duties as assigned by the Department. Term 2. The Employee s employment shall start on, and terminate on, unless this Agreement is terminated as set out in Clause 11. Remuneration 3. The Employee shall earn a salary at a rate of $ per year, paid in bi-weekly installments of $, less source deductions required by law or authorized by the Employee. No Other Rights Or Benefits Benefit Plans 4. The Employee is entitled to only the rights or benefits provided in this Agreement. 5. The Employee may be eligible to participate in the following components of 1 st choice benefits program during the term of this Agreement. Eligibility of the employee will be determined in accordance with the policies of insurance and other governing plan documents: Page 9

10 (a) Group Life Insurance Plan; (b) Dental Plan; (c) Prescription Drug Plan; and (d) Extended Medical Plan. The eligibility to claim benefits in accordance with the plan policies and governing documents shall be determined by the respective service provider or insurer. Leaves Vacation Leave 6. The Employee shall be entitled to the following leaves: (a) Paid annual vacation leave as prescribed by the Public Service Employment Regulation ("Regulation"). At termination, the Employee's vacation leave entitlement shall be calculated at the rate prescribed in the Regulation and the Employee shall refund the Department for any vacation leave taken in excess of the entitlement. Any accrued vacation entitlement shall be paid to the Employee. The scheduling of vacation leave is subject to the Department's approval. Sick Leave (b) Sick leave of days. If this Agreement terminates before its expiry date, the Employee's sick leave entitlement shall be calculated at the rate of one and one-half (1.5) days per month of completed service. At termination, the Employee shall refund the Department for any sick leave taken in excess of the entitlement. Paid Holidays Special Leave Parental Leave Competitions (c) Paid holidays normally granted to employees of the Government of Alberta. (d) Special leave provisions normally granted to Management and Opted Out/Excluded Employees of the Government of Alberta as prescribed by the Public Service Employment Regulation. (e) Parental leave as prescribed by the Public Service Employment Regulation. 7. The Employee may apply on limited and departmental competitions as prescribed by recruitment, selection and appointment policy. Page 10

11 Travel and Subsistence Expenses No Pension Plan 8. The Employee is eligible for reimbursement for travel and subsistence expenses acquired through travel authorized by the Department. The rate and manner of reimbursement shall be as prescribed by the Public Service Subsistence, Travel and Moving Expenses Regulation. 9. The Employee will not participate in the Public Service Pension Plan or the Management Employees Pension Plan. Service under this Agreement will not be eligible as pensionable service under any Government of Alberta Pension Plan later participated in by the Employee. The Employee agrees not to have it credited. OR IF THIS IS A RE-EMPLOYED PENSIONER CONTRACT, REPLACE 6 (a) WITH THE FOLLOWING: The Employee is currently receiving a pension under the PSPP/MEPP and is not eligible to participate in the Public Service Pension Plan or the Management Employees Pension Plan. Service under this Agreement will not be eligible as pensionable service under any Government of Alberta Pension Plan later participated in by the Employee. The Employee agrees not to have it credit. Pandemic Emergency 10. (a) A pandemic emergency is considered unique and all guidelines and policies developed that are different from standard policies will only apply when pandemic response plans are activated in Alberta. (b) When the pandemic emergency is activated the principles and guidelines contained in the Managing Human Resources in the Alberta Public Service during a Pandemic Emergency Human Resource Guidelines will apply to the Employee. A copy of the guidelines has been provided to the Employee. (c) Amendments or additions to the human resource guidelines may occur in order to ensure that the employer is considering the impact that the pandemic emergency is having on employees and the operations. Page 11

12 11. (a) The Department may terminate this Agreement at any time without notice for just cause. (b) Either party may terminate this Agreement without reason or cause by giving one week written notice to the other party. (c) Instead of written notice, the Department may pay an amount equal to the Employee's salary for the period of notice. The parties agree written notice or pay in lieu is reasonable. The Employee agrees that if he/she receives salary in lieu of notice under this clause, he/she will sign a re-employment restriction agreement. Notice of Termination 12. Written notice of termination may be given personally or by prepaid registered letter. If mailed, notice shall be considered to be given forty-eight (48) hours after mailing. The notice shall be addressed to the other party at the following address (or as amended from time to time): TO THE DEPARTMENT AT: TO THE EMPLOYEE AT: Conduct Oath No Other Service 13. During the term, the Employee shall follow all rules and regulations of conduct for the Government of Alberta and the Department. The Employee agrees to comply with the Code of Conduct and Ethics Regulation for the Public Service of Alberta. 14. The Employee agrees to take and comply with the Official Oath as prescribed in Section 20 of the Public Service Act. 15. The Employee may not accept other employment during the term of this Agreement if it is in direct or potential conflict with the Employee's performance. Any supplementary employment requires the prior written approval of the Department. Page 12

13 Confidential Materials Materials Property of Employer Trade Knowledge This Agreement Represents the Total Agreement Amendments 16. The Employee agrees to keep confidential all materials and information known or used during the performance of this Agreement. Any release of information shall be to the Department only. 17. Upon expiry or termination of this Agreement, all materials and information acquired or produced by the Employee in the performance of this Agreement become the property of the Department. 18. Any trade knowledge acquired by the Employee in the performance of this Agreement is confidential. Any release must be authorized by the Department and any benefits resulting from such trade knowledge shall belong to the Government of Alberta. 19. This is the complete Agreement between the parties and replaces any earlier agreements. There are no other conditions or guarantees. 20. This Agreement may be amended in writing by mutual agreement. As witnessed below, this Agreement is executed as of the date above. Witness Department Witness Employee Page 13

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