HROntario| HR Service Delivery Division
OPSEU – Article 20,
Employment Stability
Prepared By: Employment
Mobility Coordination Unit,
HR Ontario.
April 2013
This is an overview only. Please refer to the
OPSEU Collective Agreement expiring December
31, 2014 (Article 20) for more detailed information
1
Article 20 – Employment
Stability
PRESENTATION OVERVIEW:
 Introduction – introduce entitlements provided through
Article 20
 Surplus Notice Alert – Provide details about the options
available to staff, as outlined in their Surplus Notice Alert
 Employee Portfolio
 Notice of Layoff – Identify Notice of Layoff Requirements
 Additional Information – Tuition Reimbursement, Recall
 Question & Answer Period
2
Introduction: Employment
Stability Overview (Article 20)
 Article 20 of the OPSEU Collective Agreement
provides information about Employment Stability
 Article 20 applies to all regular employees
represented by OPSEU, including probationary
employees
• Note that probationary employees are not
entitled to displacement rights
• Displacement refers to the situation where an
OPSEU-represented employee who has received
a notice-of-layoff & who has elected to remain
available for redeployment is entitled to a
position occupied by an employee of lesser
seniority
3
Surplus
Notice
Alert
(Article 20.1.2.2)
4
Surplus Notice Alert: 20.1.2.2
Issued:
 ALL OPSEU-represented employees in the work unit
will be provided with written notice
 Not less than 6 working days prior to issuance of
any Notice of Layoff (these days are NOT included
in the 6 month notice period)
 Describes the work unit, job functions to be
reduced, and the number of positions to be
reduced
5
Surplus Notice Alert
(continued)
 Offers employees whose positions are
SPECIFICALLY identified for surplussing to exit the
OPS, and not seek a targeted direct assignment or
a displacement
AND
 Invites all employees in the affected job functions
to volunteer to exit the OPS
6
Surplus Notice Alert
(continued)
 Employees electing to exit must respond in writing
within 5 working days of Surplus Notice Alert and
indicate which option is selected
 Volunteers must submit their request to exit within
5 working days of Surplus Notice Alert and indicate
which option is selected
 NOTE: Volunteers will be approved in
accordance with seniority up to the numbers
required
 NOTE: Volunteers not approved can still register
for Voluntary Exit Option (Article 20.7)
7
Exit Options at SNA
If volunteers are approved, there are three exit options:
1.
Pay-in-lieu:

6 months pay; PLUS

Termination pay (1 week per year of service, up to a
maximum of 26 weeks) (Article 53 or 78); PLUS

Enhanced severance (1 week per COMPLETED year of
service, with no maximum), if eligible

NOTE: If eligible to retire with an actuarially unreduced
pension, there is NO enhanced severance, per Appendix 9,
Paragraph 4b
2. Immediate retirement, if eligible for a factor (90, 60/20, Age
65)

6 months pay (lump sum or salary continuance); PLUS

Termination Pay (1 week per year of service, up to a
maximum of 26 weeks) (Article 53 or 78)

NO enhanced severance, per Appendix 9, Paragraph 4b
8
Exit Options at SNA (continued)
3. Pension Bridging (Appendix 9, Paragraph 2b).
 If the following would bring employee to the next earliest
date on which he or she could exercise an actuarially
unreduced pension:
 6 month notice period; PLUS
 Paid leave by converting termination pay to a paid
leave (1 wk per year of service to a max of 26 weeks,
Article 53 or 78); PLUS
 An unpaid leave up to 2 years
 Enhanced severance (reduced by the amount required to
pay for pension contribution for the unpaid leave portion
of the bridge) will be paid as a lump sum
9
Surplus Notice Alert
(continued)
For all 3 options:
 No other provisions of Article 20 apply except for the right to
apply to restricted competitions for a period of 24 months
from the date on which layoff would have occurred
 Employer will respond:
• In writing within 5 days of receipt of request
If volunteers have been approved:
 Notice of Layoff will be confirmed and the employee’s last day
of work is 5 days from receipt of acceptance (or such other
period as mutually agreed upon)
10
Employee Portfolio
(Article 20.1.4)
 PLEASE NOTE: The form for the Employee Portfolio (EP) is
available online (see Slide 37)
 The EP outlines the employee’s qualifications and knowledge,
for targeted direct assignment purposes
 ALL new employees must complete an EP within their
probationary period (it is placed on the personnel file)
 The Employer shall require any employee that it has
reasonable grounds to believe may be declared surplus to
complete an EP within 6 days
11
Employee Portfolio
(continued)
 When applying for a targeted direct assignment, employees
must submit an EP to each competition to which they apply:
 Employees are encouraged to tailor their EP to highlight
qualifications specific to each targeted direct assignment to
which they apply
 Employees must submit an application (EP) before the job
ad closing date of the competition
 If identifying French language skills or typing to standard, you
must provide supporting certificates with your EP
 Your designated HR contact (as identified in the Notice letter)
is available to provide assistance in the preparation of an EP
12
Tips for completing the
Employee Portfolio







Follow the instructions in the Guide to the EP for OPSEU
Identify the most important skills you have gained and that you are
able to demonstrate
• Remember, you should tailor your skills/experience to reflect the
requirements of the competition to which you are applying
Ensure you include your name and current Ministry on all pages
You may attach a copy of your current home position job description
(you must indicate on your EP whether this is attached)
Specify any designations/accreditations/certificates/licenses you have
• If you have a drivers license, specify the type
• Remember, if applying to a job that requires typing to standard or
French language skills you must attach your certificate validating
the skill
You should keep an electronic copy of your Employee Portfolio so that
you can make changes to it at any time
If you have any questions about the Employee Portfolio or need
individualized assistance in completing it contact your designated HR
contact that is identified in your SNA Letter
13
Notice of Layoff
(Article 20.2)
 Issued by the Employer:
 Where not enough volunteers have been identified to exit
to fulfill requirements
 To employees whose positions have been specifically
identified to fulfill requirements
 Issued on expiry of 6 working days following the Surplus
Notice Alert
 Next Step:
 Employee shall advise Employer in writing of their
decision within 10 working days
14
Options:
 Exercise rights under Article 20.2 (Exit Options)
OR
 Remain employed during 6 month notice period for possible
Targeted Direct Assignment
NOTE: Failure to provide a written decision will mean the
employee is deemed to have decided to remain employed
during the notice period
15
Pay-in-Lieu at Notice of Layoff
 Employees who accept Pay in Lieu of Notice (PIL):
 Last day shall be 5 working days after acceptance of PIL
option (or such other period as mutually agreed)
 No recall rights
 Note: Pay-in-lieu for the balance of the notice period shall
only be granted where the Employer determines that
operational requirements permit an employee’s exit from
the workplace prior to the expiration of six months notice
16
Article 20.2.1.4(a) Pay-in-Lieu at
Notice of Layoff - Lump Sum
 With mutual consent, may resign and receive equivalent pay
in lieu of 6 months notice
 Shall only be granted where the Employer determines
that operational requirements permit an employee’s exit
from the workplace prior to the expiration of the 6
months notice (Article 20.2.1.3)
 6 months pay
 salary and benefit entitlements which would have
accrued to layoff date are forfeited
 PLUS, Termination pay (Article 53 or 78)
 PLUS, Enhanced severance, if eligible
− Employees accessing actuarially unreduced pension are
not eligible for enhanced severance as per Appendix 9,
paragraph 4b)
In addition, retirement options may be available (see slide
19). If so, these will be detailed in the Notice of Layoff letter
17
Article 20.2.1.4(b) Pay-in-Lieu at
Notice of Layoff -Salary
Continuance
 With mutual consent, employee may resign and receive
equivalent pay in lieu of notice
 Shall only be granted where the Employer determines that
operational requirements permit an employee’s exit from
the workplace prior to the expiration of the 6 months notice
(Article 20.2.1.3)
 Continuance of salary for 6 months
 plus benefits (except STSP and LTIP) commencing on
Notice of Layoff date for the duration of the notice period
 PLUS, Termination pay (Article 53 or 78)
 PLUS, Enhanced severance, if eligible
− paid as a lump sum
− Employees accessing actuarially unreduced pension are
not eligible for enhanced severance as per Appendix 9,
paragraph 4b)
 In addition, retirement options may be available (see slide 19).
If so, these will be detailed in the Notice of Layoff letter
18
Retirement options at Notice of Layoff

At Notice of Layoff, Employees may be eligible to retire under one
of the following:





Eligible for immediate retirement (Factor 60/20, 90 OR age 65)
Eligible to retire within the notice period (Factor 60/20, 90 OR age 65)
Eligible to retire after end of notice period, but within period equal to
termination pay converted to paid leave (Factor 60/20, 90, OR age 65)
− This is not considered a pension bridge
NOTE: PIL shall only be granted where the Employer determines
that operational requirements permit an employee’s exit from the
workplace prior to the expiration of the 6 months notice period
(Article 20.2.1.3)
No enhanced severance is payable if employee can access an
actuarially unreduced pension as per Appendix 9 paragraph 4(b)
 Note: Where an employee selects a retirement option, the
employee waives all rights to displacement, targeted direct
assignment and recall. The employee does maintain the right
to apply to restricted competitions for 24 months from the
original layoff date.
19
Pension Bridging at Notice of Layoff
 To be eligible for pension bridging, the total of the
employee’s:
 Six (6) months notice period, plus
 Termination payments under Article 53 or 78 (Basic
termination only) converted to a leave with pay, plus
 An unpaid leave of absence (a maximum of two years)
must bring the employee to the next earliest retirement
date on which an actuarially unreduced pension can be
attained
 Enhanced severance would be reduced by an amount
equivalent to pension contributions for the unpaid LOA
 The employee MUST have an unpaid leave of absence of at
least 1 day to be considered for a Pension Bridge
20
Pension Bridging at Notice of
Layoff (continued)
 At the end of the pension bridge, upon retirement, the
employee will receive:
 any remaining balance of enhanced severance pay (after
having been reduced by an amount equivalent to pension
contributions for the unpaid LOA) and vacation credits as a
lump sum; and,
 balance of any termination pay earned during the paid
portion of the pension bridge as a lump sum; and,
 the right to phase in these lump sum payments over 2
calendar years pursuant to Article 20.18: Payment of
Monies.
21
Pension Bridging SAMPLE ONLY
(example where an employee can
bridge to Factor 60/20)
Employee Name: NAME
Surplus Date: March 1, 2013
Layoff Date: August 31, 2013
Factor 60/20 Date: Oct 27, 2014
Continuous Service Date (per WIN): April 1, 1992
Type of Leave
# of Days
Start Date
Leave with pay for the notice period less 7 or fewer days
178
Mar 1/13
Aug 25/13
Leave without pay
267
Aug 26/13
May 19/14
Leave with pay converted from termination pay
155
May 20/14
Oct 21/14
Oct 22/14
Oct 27/14
Leave with pay for the balance of the notice period
Last day on Payroll:
Retirement Date:
6
End Date
October 27, 2014
Effective October 28,2014
22
Targeted Direct Assignment
(Article 20.3)

Under Article 20.3,Targeted Direct Assignment (TDA), employees
may be assigned to an OPSEU vacancy during their notice period,
provided that:
 The employee applies for the posted competition or VEO
opportunity on eCareers by submitting an Employee Portfolio
(see slide 36) to applyTDA@ontario.ca
 The employee meets the entry-level qualifications for the position
 NOTE: VEO positions require ability to perform the normal
requirements of the job without training
 The position is in the same classification or same class series,
within the range of 2 classifications below the employee’s current
home position; OR
 The position is in the same classification of a position that the
employee previously held either on a full-time basis, or where
the employee performed the FULL RANGE of job duties on a
temporary basis for at least 12 months; AND
 There is no other qualified employee to perform the required
duties, who has a greater length of continuous service and who is
eligible for assignment to the vacancy either pursuant to Art20.3
or Art20.6
23
Targeted Direct Assignment
(continued)
Next Steps:
 Employee applies to the competition before the Job Ad closing date
by submitting an EP, which identifies eligibility for consideration for
targeted direct assignment
 Employer will advise the successful employee of the direct
assignment 10 days after the competition closes
 Employee must inform designated HR contact in writing within 5
working days of receiving notification whether the assignment is
accepted
• If accepted: position becomes employee’s new home position
(employee is no longer surplus)
• If declined: employee is laid off at the end of the notice period
and loses rights to apply to any other TDAs, temporary
assignments, for displacement, or for recall
− NOTE: Employees who apply to competitions for TDA
must be willing to accept the targeted direct
assignment, if offered
24
Voluntary Exit Option (VEO)
Opportunities (Article 20.7)
WHAT IS IT?:
 An employee who has not received a notice of layoff may
offer to be declared surplus and give up his or her job for
possible direct assignment to an employee who has received
a notice-of-layoff
 That position is then considered a vacancy for targeted direct
assignment (TDA) of a surplus employee, provided the
Employer determines the position will continue to be filled
 VEO positions will be used for Targeted Direct Assignment
first, over assignment to a vacancy
25
Voluntary Exit Option (con’t)






VEO positions will be posted on eCareers
ONLY surplus OPSEU employees eligible for TDA can apply to the
position
To be considered for VEO opportunities, impacted employees must
submit an Employee Portfolio for each VEO posted for which they
wish to apply, indicating receipt of NOL and that they are eligible for
TDA
Employees will apply to VEOs by sending their application (EP) to
applyTDA@ontario.ca
Employees can apply only if:
 The position is in the same classification or same class series,
within the range of 2 classifications below the employee’s current
home position; OR
 The position is in the same classification of a position that the
employee previously held either on a full-time basis, or where
the employee performed the FULL RANGE of job duties on a
temporary basis for at least 12 months,
AND
 They are able to perform the normal requirements of the job
without training
26
Displacement
(Article 20.4)



Employee must elect displacement by end of the 3rd month of their
notice period
 NOTE: A form is available and must be used and will be provided
to you by your designated HR contact. If no Displacement
Election Form is submitted within the timeframe, no displacement
opportunity will be sought
 You may submit an updated EP up to the end of the 4th month of
your notice
Employees who have been direct assigned by the beginning of the
6th month of notice period, and employees who are within their
probationary period are not eligible to displace
Employer identifies the person to be displaced
 Employee with the least seniority in same classification and same
ministry of surplus employee
 Headquarters located within 40 km radius of headquarters of
surplus employee
 Surplus employee must be qualified to perform the work
27
Displacement (continued)
 If no displacement opportunity is found, the Employer will
then review employees in classes in the same class series in
descending order, in same ministry, within 40 km
 If no displacement opportunity is found, the Employer will
review other classes the employee held on full time basis, or
full job duties on a temporary basis for 12 months, within 40
km
 If no displacement opportunity is found, and if the employee
requests, the Employer will repeat the steps for positions
beyond 40 km of headquarters (NOTE: No relocation
expenses)
28
Displacement (continued)
 Upon completion of the 5th month of a surplus employee’s
notice period, the Employer will advise the surplus employee
of the position into which he or she is eligible to displace (if
any)
 Employee must indicate intention to accept or decline in
writing
 Must be received within 1 week of notification
 If no indication in writing, employee is deemed to have
given up the right to displace, and has opted for targeted
direct assignment only
29
Temporary Vacancies
(Article 20.8)
 Surplus employees shall be eligible for assignment into
temporary vacancies in their last 2 months of their notice
period, if the Vacancy is:
 At least 6 months duration
 Is posted for recruitment
 Is within their own ministry
 The position is in the same classification or same class
series, within the range of 2 classifications below the
employee’s current home position; OR
 The position is in the same classification of a position that
the employee previously held either on a full-time basis, or
where the employee performed the FULL RANGE of job
duties on a temporary basis for at least 12 months
 Employee must apply for the position, using an Employee
Portfolio, which indicates receipt of a Notice of Layoff and
eligibility to apply for a temporary assignment via the TDA
process
 Employee must meet entry level qualifications
30
Temporary Vacancies
(continued)
 Employees who have applied via the TDA process will be
considered before candidates who have applied to the
competition as a regular recruitment activity
 Acceptance of a temporary vacancy shall be considered a
hiatus in the notice period for the duration of the temporary
assignment (ie employee will no longer be eligible to apply to
positions via the TDA process)
 At the end of the temporary assignment, the balance of
the notice period resumes
 NOTE: If a temporary assignment is obtained by competition
during the notice period and is for at least 6 months, the
employee’s notice period is put on hiatus
31
Lay Off
 At the end of the 6 month notice period, employee is laid off if
no direct assignment or displacement has been found
 Upon layoff, employee receives:
 Termination pay (Article 53 or 78);PLUS
 Enhanced severance, if eligible, as a lump sum (Appendix
9, Paragraph 4b)
 Recall rights (if termination payment has not been taken)
 Payout for unused vacation credits
 Right to apply to restricted competitions for 24 months
from layoff date
32
Surplus Factor 80
(Appendix 17, Appendix 9)
IMPORTANT NOTICE Regarding the
Surplus Factor 80 Program
The Surplus Factor 80 Program is no
longer available
33
Tuition Reimbursement
(Article 20.5)
 Where an employee takes a program/course with the
approval of the Employer, to upgrade employment-related
skills, Employer shall defray all or part of the tuition in
accordance with Employer’s normal policy
 Employee must have receipts
 From an approved educational program (see next slide for
definition)
 Receipts to be produced within 12 months of layoff
 Employee shall be reimbursed for tuition fees up to a
maximum of $3,000
34
Tuition Reimbursement
(continued)
What is an approved educational program?
 Approved educational program usually refers to a program or
course offered by a public, private, or not-for-profit
organization for which a receipt is issued which is recognized
by Canada Revenue Agency as acceptable for tax purposes.
 Examples of approved educational programs include courses
offered through:
 A community college or university
 A board of education
 A private vocational school certified by Human Resources
and Skills Development Canada
 It can also refer to a workshop/seminar or a selfdevelopment, general knowledge or job search type of
course.
35
Recall (Article 20.6)
 If laid off, and has not received termination payments, a
person is entitled to:
 Assignment to a posted position that becomes vacant
within 24 months after layoff IF:
 Same classification and same ministry of surplus position
 Qualified to perform the required duties
 Most senior employee who has applied
 Employees have to identify the position and submit their
application (EP) to applyTDA@ontario.ca
 Must be done before the Job Ad closing date of the
competition
 If direct assigned, employee must accept the recall in writing
within 7 days of receipt of notice and shall report for duty
within 2 weeks (or such other date specified in the notice)
 Employees will lose recall rights if they do not accept an
assignment, or fail to report for duty, or after 24 months from
layoff date
36
Additional Resources and
Information

OPSEU Collective Agreement:
 Article 20 (Employment Stability)
 Appendix 9 (Pension and Enhanced Severance)
 Articles 53 and 78 (termination payments)

Employee Portfolio & Guide for OPSEU Staff (NOTE: This is a
NEW form)
 On the MyOPS homepage, select The Organization>
HR Ontario. Then select Employment Transition under the
“Employment” heading. Then select “EP for OPSEU” from
the Employment Transition Program page.
 The designated HR contact is a key resource, as identified
in the notice of layoff letter
37
QUESTIONS?
Question & Answer Period
38