As a result of the settlement of a human rights complaint presented by a PSAC member and supported by PSAC, the Treasury Board has issued a bulletin“to ensure that there is no confusion regarding the approach and the standard for addressing leave without pay due to illness or injury”.
The bulletin clarifies the policy on leave without pay, which is contained in Appendix B of Treasury Board’s Directive on Leave and Special Working Arrangements.
Among other things, the clarification bulletin states:
- “As indicated in the Directive, the period of leave without pay for illness or injury is to be flexible enough to allow the designated authority for administration of leave to accommodate the needs of an employee who has special recovery problems. Periods of leave without pay should be granted and extended on a case-by-case basis according to individual circumstances. When there is evidence that the employee may be able to return to work in the foreseeable future, the concepts of flexibility and duty to accommodate must be considered.”
- “The two years mentioned in the Directive is a marker or reference point to ensure that a review is done into order to determine that the period of leave without pay corresponds to and is appropriate to the individual circumstances. The two year mark is not a cap or a limit, but rather, a trigger to ensure that an in-depth review and assessment of the employee's file is performed. The period of leave without pay may continue beyond the two-year mark; however, management must be satisfied that there is a reason to extend the leave without pay, i.e. the employee continues to be unable to return to work but there are reasonable prospects of returning to work in the foreseeable future.”
For more information see Disability Insurance