Reservists Job Protection Superthread

[mariomike]

The City of Calgary has a progressive Military Leave policy.

Military Leave may be granted to Reservists for a period of up to twenty-four (24) months. During the approved leave period, the member's pay and benefit coverage with the Government of Canada will be harmonized to ensure continuity of regular salary, benefits and pension as
well as the continuation of service accumulations for seniority and vacation.

The City of Calgary will top up all pay and benefits including family medical coverage to insure the member is not affected in any way. 

 

[Chang]

Anything like this available for BC? Would definitely be nice to have.

 

[MikeL]

Anything like this available for BC? Would definitely be nice to have.

Just did a quick google search,  so I'm sure if you spent more time searching around you can find more.

http://www2.news.gov.bc.ca/news_releases_2009-2013/2009LBR0002-000276.htm

INFORMATION BULLETIN

2009LBR0002-000276
September 4, 2009
Ministry of Labour






BRITISH COLUMBIA EXTENDS RESERVIST JOB PROTECTION



VICTORIA – Changes to the Employment Standards Regulation will extend job-protected leave to Canadian Forces reservists called on to support the 2010 Olympic and Paralympic Winter Games.



In 2008, the Employment Standards Act was amended to provide reservists with job-protected leave from their civilian employment when they are deployed to a Canadian Forces operation outside of Canada, or to assist with an emergency inside Canada. The new regulation extends this support to reservists deployed to support the 2010 Games.



About 1,000 reservists are expected to be deployed to the Games, with half coming from within B.C. Many will begin their work in September, and will serve up to the completion of post-Games activities in March or April 2010.



As with other statutory leaves in B.C., employers will not be required to pay wages while the employee is on leave. Reservists will receive compensation from the Canadian Armed Forces for their services. When the reservist returns to work, the employer has to place the employee in their previous job, or in a comparable position.



The federal government has also extended Reserve Leave under the Canada Labour Code for the 2010 Olympic Games. The Canada Labour Code covers employment in federally-regulated industries such as banks, telecommunications and interprovincial transportation.

http://www.cflc-clfc.forces.gc.ca/jpl-lse/pro/bc-cb-eng.asp

Job Protection Legislation for Reservists: British Columbia

[Disclaimer]

General:

Job Protection Legislation has been enacted in most jurisdictions to ensure Reservists can perform their military duties without jeopardizing their civilian livelihood. All the legislation is based on amendments to Labour Codes and Employment Standards, but differs between jurisdictions. Deployed Reservists serving together can be covered by more than one law, and employers may have to refer to more than one Law if they employ Reservists in one or more jurisdiction. The following information summarises the provisions contained in the British Columbia Legislation. For more general information on Job Protection Legislation, please refer to Reserved Jobs: Job Protection Legislation and You, available from the Canadian Forces Liaison Council.

Title: Employment Standards Act [RSBC 1996] CHAPTER 113

Provisions:

Minimum Employment Period before Leave of Absence: None indicated.

Notice Period Required for Granting of Leave of Absence: At least four (4) weeks notice, in writing, or as soon as practicable upon receipt of deployment notice, to include start and end dates. Employer can ask for proof from a military official that the employee is required for military service.

Length of Leave of Absence: For the prescribed period, or for as long as the employee is involved in the operation / activity.

Frequency of Leave of Absence: None indicated.

Notice for Reinstatement: If extending beyond approved leave period, four (4) weeks notice required; if returning early, at least one (1) week's notice required.

Benefits: Reinstated to position held or comparable position, with same pay and benefits. Employment deemed to be continuous for the purposes of calculating annual vacation, pension, medical or other plan beneficial to the employee. Employer exempt from continuing to pay employer share of pension, medical or other plans.

Education provisions: None indicated.

Hardship Clause: None indicated.

Limitations: No provisions for annual training

 

[mariomike]

Anything like this available for BC? Would definitely be nice to have.

For continuity of salary, benefits and pension while on Military Leave, check your collective agreement ( if you have one ).

Otherwise, reply #10 ( Job Protection Legislation for Reservists: British Columbia ) would apply:
"As with other statutory leaves in B.C., employers will not be required to pay wages while the employee is on leave."
"Employer exempt from continuing to pay employer share of pension, medical or other plans."

 

[Chang]

Just did a quick google search,  so I'm sure if you spent more time searching around you can find more.

Yes I've came across the second document before, but I didn't think it was too applicable due to this clause:

Limitations: No provisions for annual training

Is this a reference to our career courses? Based on reading that legislation, I thought it was merely for guys being deployed and their work-up training.

 

[cupper]

This should answer any and all questions regarding military leave for reservists in all provincial jurisdictions.

http://www.cflc-clfc.forces.gc.ca/jpl-lse/jplg-glpe-eng.asp

 

[mariomike]

Based on reading that legislation, I thought it was merely for guys being deployed and their work-up training.

You asked about British Columbia:

SECTION 5: [Employment Standards Act, section 52.2] authorizes reservist employees to take unpaid leave from their employment while deployed to a Canadian Forces operation.

(2) Subject to the regulations, an employee who is a reservist and who requests leave under this section is entitled to unpaid leave, for the period described in subsection (3), if

(a) the employee is deployed to a Canadian Forces operation outside Canada or is engaged, either inside or outside Canada, in a pre-deployment or post-deployment activity required by the Canadian Forces in connection with such an operation,

(b) the employee is deployed to a Canadian Forces operation inside Canada that is or will be providing assistance in dealing with an emergency or with its aftermath, or

(c) the prescribed circumstances apply.

(3) An employee who is a reservist is entitled to take leave under this section for the prescribed period or, if no period is prescribed, for as long as subsection (2) (a), (b) or (c) applies to the employee.
http://www.leg.bc.ca/38th4th/1st_read/gov43-1.htm

 

[RedcapCrusader]

Reviving the thread for a question:

I have been having issues with my employer since starting BMQ. I had just a little under 24hrs notice that I was to be going onto BMQ, my employer's Military Leave policy is that I need to give minimum 30 days notice (which apparently happens infrequently, on the Army side). I am on a weekend course and still able to work during the week, but they removed me from my standard position, left me without work for about a month +/-, and when I pressed the issue they put me to work in a 1-man site where I do nothing but sit at a desk for fewer hours for the same number of days a week. They have no problem filling my position full-time, but filling it for 3-days a week is a mortal sin it seems. My co-worker was not given this treatment and when I questioned management about it and asked to be reinstated they refused and said I cannot return to my position until I'm finished my training.

To not go into great detail, I feel as though they are giving me the run-around and screwing me over and it's causing not just financial hardship but also creating stress which is preventing me from being the best soldier I can be. I hopefully will be on the BMQ-L that follows, and therefore I will be at a major loss of income for well over 6 months, I need the money to survive.

Do I need to go through my CoC (either home unit or course staff) before going through the CFLC, or can I contact the Alberta - South Rep directly?

 

[ModlrMike]

The Alberta Employment Standards Act lays out the terms for Reservist Leave. You'll want to look at Section 7.1, which actually starts on page 31 of the linked document. A very quick perusal of the act leaves me with the impression they're in violation, but I'm not an authority and make no claim that my interpretation is correct.

Alberta Employment Standards Act


Try the CoC first, if that fails, then try your rep.

 

[RedcapCrusader]

The Alberta Employment Standards Act lays out the terms for Reservist Leave. You'll want to look at Section 7.1, which actually starts on page 31 of the linked document. A very quick perusal of the act leaves me with the impression they're in violation, but I'm not an authority and make no claim that my interpretation is correct.

Alberta Employment Standards Act


Try the CoC first, if that fails, then try your rep.

Thanks Mike, much appreciated

 

[Jarnhamar]

Reviving the thread for a question:

I have been having issues with my employer since starting BMQ. I had just a little under 24hrs notice that I was to be going onto BMQ, my employer's Military Leave policy is that I need to give minimum 30 days notice (which apparently happens infrequently, on the Army side). I am on a weekend course and still able to work during the week, but they removed me from my standard position, left me without work for about a month +/-, and when I pressed the issue they put me to work in a 1-man site where I do nothing but sit at a desk for fewer hours for the same number of days a week. They have no problem filling my position full-time, but filling it for 3-days a week is a mortal sin it seems. My co-worker was not given this treatment and when I questioned management about it and asked to be reinstated they refused and said I cannot return to my position until I'm finished my training.

To not go into great detail, I feel as though they are giving me the run-around and screwing me over and it's causing not just financial hardship but also creating stress which is preventing me from being the best soldier I can be. I hopefully will be on the BMQ-L that follows, and therefore I will be at a major loss of income for well over 6 months, I need the money to survive.

Do I need to go through my CoC (either home unit or course staff) before going through the CFLC, or can I contact the Alberta - South Rep directly?

I'm not saying that your employer isn't giving you the run-around but I wanna throw some context at you for you to consider.

Your employers policy requires 30 days and you gave them less than a day.  I can't imagine many employers civi side really care that the army is so disorganized that they send people away on a course with less than a days notice.  It's not their problem.

Speaking about creating financial hardships, it seems like you jeopardized your primary job and source of income to take on a part time job without guaranteed hours.

You're choosing to attend BMQ and take a chance that you'll be course loaded on BMQ-L. I applaud you doing whatever you can to get trained but you kinda created the spot your in.  Your employer may very well be fucking you off and if they're breaking some kind of labor rule then for sure go after them and set things right but do some research and be careful you don't make matters worse and get yourself fired.

If I was running a business and I had someone tell me that they want last minute time off to work at a second job I probably wouldn't be too supportive either.  A major problem with the reserves is that reservists (in general, not saying you) HAVE abused the "Sorry I need to do army stuff" in the past leaving employers high and dry.  I've had to deal with civilian boss's calling me and trying to give me a blast of shit because Private so and so was ordered to attend a week or two week exercise last minute, they weren't impressed when I told them them it's volunteer and no one was ordered. 

Make sure you do some research because if your boss has half a brain he's going to be doing research himself.

 

[RedcapCrusader]

I'm not saying that your employer isn't giving you the run-around but I wanna throw some context at you for you to consider.

Your employers policy requires 30 days and you gave them less than a day.  I can't imagine many employers civi side really care that the army is so disorganized that they send people away on a course with less than a days notice.  It's not their problem.

Speaking about creating financial hardships, it seems like you jeopardized your primary job and source of income to take on a part time job without guaranteed hours.

You're choosing to attend BMQ and take a chance that you'll be course loaded on BMQ-L. I applaud you doing whatever you can to get trained but you kinda created the spot your in.  Your employer may very well be fucking you off and if they're breaking some kind of labor rule then for sure go after them and set things right but do some research and be careful you don't make matters worse and get yourself fired.

If I was running a business and I had someone tell me that they want last minute time off to work at a second job I probably wouldn't be too supportive either.  A major problem with the reserves is that reservists (in general, not saying you) HAVE abused the "Sorry I need to do army stuff" in the past leaving employers high and dry.  I've had to deal with civilian boss's calling me and trying to give me a blast of shit because Private so and so was ordered to attend a week or two week exercise last minute, they weren't impressed when I told them them it's volunteer and no one was ordered. 

Make sure you do some research because if your boss has half a brain he's going to be doing research himself.

Roger,

This is why I wish to consult someone who has the ins and outs of the legislation before going any further. The Legislation does state though that where proper notice cannot be achieved that it is to be given as soon as practicable, which was all I could do.

 

[Jarnhamar]

Fair enough.  I read through the link that Mike provided, it mentions

(5)
If an employee cannot comply
with the notice requirement
under subsection (4)(a) because of deployment in urgent
circumstances, the employee must advise the employer in writing
of the reservist leave as soon as is
reasonable and practicable in the
circumstances.

My four year old knows more about this kinda stuff than i do but just guessing I'm not sure an untrained reservist attending voluntary basic training would constitute as a 'deployment in urgent circumstance'.

By the sounds of it it mostly applies to operations such as deploying to Afghanistan or a deployment within Canada such as the ice storm or floods. it mentions annual training but that strikes me more along the lines of the yearly brigade training exercise in August, or perhaps during the training cycle.


You should consider calling the labor board and speaking with a representative from there instead of approaching it from the military side perhaps. There's all kinds of wild crazy rules about employees, benefits their entitled to and grievances when an employer takes hours away.

 

[George Wallace]

Reviving the thread for a question:

I have been having issues with my employer since starting BMQ. I had just a little under 24hrs notice that I was to be going onto BMQ, my employer's Military Leave policy is that I need to give minimum 30 days notice (which apparently happens infrequently, on the Army side). I am on a weekend course and still able to work during the week, but they removed me from my standard position, left me without work for about a month +/-, and when I pressed the issue they put me to work in a 1-man site where I do nothing but sit at a desk for fewer hours for the same number of days a week. They have no problem filling my position full-time, but filling it for 3-days a week is a mortal sin it seems. My co-worker was not given this treatment and when I questioned management about it and asked to be reinstated they refused and said I cannot return to my position until I'm finished my training.

To not go into great detail, I feel as though they are giving me the run-around and screwing me over and it's causing not just financial hardship but also creating stress which is preventing me from being the best soldier I can be. I hopefully will be on the BMQ-L that follows, and therefore I will be at a major loss of income for well over 6 months, I need the money to survive.

Do I need to go through my CoC (either home unit or course staff) before going through the CFLC, or can I contact the Alberta - South Rep directly?

From my interpretation of what you have here:

- You are on a Weekend BMQ, which will likely not be every weekend.  It is part-time employment.
- You are applying a clause that would give you 30 days full-time leave to attend Reserve training that you do not have to.  You will not need to take any time off your job, if it is a Mon to Friday job.  If you work shift work or weekends, you should have been able to easily reschedule your employment hours by talking to your boss and colleagues.  If you couldn't attend Reserve Training for one weekend, you could have your unit make up that training.
- Now that you have your employer confused and using a 30 day Reserve Employment clause, you may not be able to use that when you do need to attend full-time BMQ (L).

 

[Seanf122]

Hello,
I've searched endlessly for this topic and came up with no results...here is my question:

I'm payed a yearly salary as a department manager at a retail store. When I go away for DP01 or other courses, is my civi company still bound by law to pay me on top of my DND pay? Or to they stop paying me because the DND is covering my pay? How does this all work for people who are on salary pay in civi life?

Thanks,

 

[Tibbson]

I don't believe there is any law or regulation stipulating that however, if you are under some form of contract, there may be a clause there that covers this.  In most cases though reservists take courses while on either vacation time or unpaid leave from their civilian jobs.

 

[ModlrMike]

In Ontario your provincial legislation would be the guiding document.

In short, it really depends on your employer. If you take vacation, or other earned time off, then you would probably be paid. If you take a leave of absence, then likely not.


Start here: Job Protection Legislation

Read the relevant Act and then go to your employer with a plan. You may be covered by a company policy, you may be covered by your contract. It varies greatly.

For example: I need to take vacation time first, then an unpaid LOA if I don't have enough time for my tasking. On the flip side, I can't be fired, and must be given an equivalent position upon my return.

 

[Seanf122]

Okay, So basically what I've gathered from this link (which was exactly what I was looking for by the way..Thanks!) is that to go on course and be paid for it from my employer is to request vacation for the the time that I'm away on course. If I need additional time off it will be without pay!

Has anyone (or know of anyone) that had issues with their employers NOT approving vacation time to go away to operations or Training? How was it resolved?

 

[brihard]

Okay, So basically what I've gathered from this link (which was exactly what I was looking for by the way..Thanks!) is that to go on course and be paid for it from my employer is to request vacation for the the time that I'm away on course. If I need additional time off it will be without pay!

Has anyone (or know of anyone) that had issues with their employers NOT approving vacation time to go away to operations or Training? How was it resolved?

You're probably looking at right weeks' absence to get your training done. At best you'll probably get an unpaid leave of absence. Be prepared for the possibility of your civilian employer not supporting you. You work retail, after all.  Some people are able to get leaves of absence. Others are forced to quit or are fired.

 

[kratz]

While you should always engage your CoC, the CFLC (Canadian Forces Liaison Council) is another resource to assist PRes with course opportunities. Have you searched the site and checked out CFLC.forces.gc.ca ?