On March 16, 2020, the Federal government issued its work-from-home orders as part of Canada’s COVID-19 response. Since that day, many of our members have been working remotely, or in a hybrid arrangement, without interruption or serious impact to the high level of service they deliver to Canadians. PAFSO understands, however, that the operating environment for the federal public service is changing, and that the Employer, and our members, will need to adapt to these changes.
In recent months, the Employer has been developing plans for a phased-in return to the workplace. This has been one of the major subjects discussed at regular meetings with other members of the National Joint Council as well as with representatives from both GAC and IRCC. Throughout these discussions, PAFSO has remained committed to ensuring that the return to the workplace for our members is carried out in a way that (1) puts their safety and that of their loved ones at the forefront; (2) is guided by the latest science and modelling available; and (3) responds quickly and appropriately in the event of another significant wave of the pandemic.
Core Principles
Put simply, the Employer’s plan should embody the following core principles:
Safety. While many health protocols have been relaxed, COVID-19 is still circulating in our communities. It is your Employer’s responsibility to prioritize your health and safety at work. Members returning to their workplaces must have the clear rules and effective tools required to keep them healthy and safe.
Flexibility. Recent polling shows that most of our members appreciate the improved work-life balance afforded by the ability to work remotely. For many of you who have care responsibilities, different working styles, or other demands on your personal lives, the flexibility to work remotely, or in a well-designed hybrid model, can be critical. If anything, the past 30 months have proven that many of our members can be equally productive, effective, and impactful while working remotely.
Fairness. The Employer’s new policies need to take the full range of operational requirements into consideration, while being applied fairly and with consistency both at headquarters and at missions abroad. Hybrid and telework arrangements should be provided equitably, respect member preferences, and be approved without bias or unreasonable criteria. Accessibility and accommodations also need to be considered.
Clarity. Any formal return to workplace policies must be provided in writing and need to clearly articulate the Employer’s expectations. Procedures for accommodation requests must also be clearly defined. While we recognize that there cannot be a one-size-fits-all solution, and that some iteration is to be expected, ultimately, our members need to have a clear understanding of the policies guiding their return to work, and how they are to be applied.
Next Steps
While the Employer has the legal right to require employees to be present in the workplace, it should be done in a way that adheres the above core principles. For now, we continue to monitor how these policies are being developed and applied. We must make sure that these measures align with our terms and conditions of employment, with our collective agreement and, most importantly, with any public health advisories that may arise.
In the meantime, if you believe you can perform the full range of your duties from outside the office and want to continue to work remotely, we recommend that you talk to your manager. Let them know about your personal situation and provide them with a proposal of what you would like to see in terms of hybrid or remote working conditions. Listen to any concerns they have about operational effectiveness and offer solutions to mitigate them. If your manager isn’t receptive to this conversation, you may formally request accommodation.
Accommodation can be requested by sending an email to your manager. In it, you will need to disclose the reasons why you need to be accommodated and provide supporting documentation for your request. A denial of an accommodation based on a disability, medical reason, or family situation could be seen as discriminatory, and might therefore violate your collective agreement. The burden of proof in such a situation lies with you – both to prove the grounds of discrimination and to confirm your specific restrictions or functional limitations. We recommend that you consult with one of our Labour Relations Advisors for help in preparing your request.
If you believe that your return to the workplace is being handled in a way that puts your health and safety at risk, or is being applied in an unfair or discriminatory manner, please do not hesitate to contact our office for advice on your particular situation.