Modification on Term Employment Policy

Subject: Modification on Term Employment Policy

Dear colleagues:

You will recall that a new Treasury Board (TB) policy was introduced in your respective organizations between April 1, 2003 and April 1, 2004. Compared with the former policy, entitled the Long Term Specified Period Employment Policy, the Term Employment Policy gave a sizable advantage to term employees.

In the new policy, the cumulative working period resulting in the indeterminate appointment of term employees decreased from five to three years. This enabled term employees to more quickly become indeterminate employees. However, under the new policy, any period of unpaid leave longer than 60 consecutive calendar days, including maternity or parental leave, would no longer be counted in the cumulative period.

In January 2004, a complaint was filed with the Canadian Human Rights Commission (CHRC) by a term employee hired by Industry Canada. That employee claimed that the Term Employment Policy was discriminatory on the ground of sex because her maternity/parental leave had not been calculated in her cumulative period of three years.

On June 20, 2008, the Canadian Human Rights Tribunal rendered its decision on the matter. The Tribunal found that this aspect of the Term Employment Policy was discriminatory on the basis of sex.

Therefore, we ask that you start counting, as of June 20, 2008, the period of maternity/parental leave for female term employees in the calculation of the cumulative three year period. This means that:

1. The period of maternity/parental leave for female term employees as of June 20, 2008, and after, must be counted.
2. Maternity/parental leave for female term employees who were on maternity/parental leave on June 20, 2008, and whose the maternity/parental leave had started before June 20, 2008, will be also counted (including the maternity/parental leave period prior to June 20, 2008).

We are currently working to amend the Policy and will be doing a broader review of the Policy in light of the CHRT decision. Once we have finalized the amendments to the Term Employment Policy, we will inform you of any additional changes.

The Canada Public Service Agency remains available to answer your questions or provide assistance. Please direct all enquiries to wpp-ppt@tbs-sct.gc.ca ^{See Footnote 1}.

Thank you for your cooperation.

Marc O'Sullivan
A/Senior Vice-President
Workforce and Workplace Renewal Sector
Canada Public Service Agency
Ottawa, Canada K1A 0R3