FAQ: Returning to the workplace

PIPSC is demanding that the Employer stop its plan to mandate our members back to the office three days per week. This change to the DIrections on prescribed presence in the workplace was imposed without consultation with the unions, is not based on any data or rationale and does not consider the individual circumstances of federal public servants.

We continue to advocate for a safe, flexible return to workplace policy for all members that emphasizes presence with purpose and that respects the needs and contributions of all public service professionals.

Since this was announced, PIPSC has taken action by filing policy grievances for each core group at TBS, the AFS group at CRA and our three groups at CFIA challenging the employer’s decision and their lack of consultation prior to taking such an important decision. In addition to these policy grievances, we have filed unfair labour practice complaints against TBS and CRA.

Days after the Treasury Board released its new Direction on prescribed presence in the workplace, we participated in a joint press conference with our sister unions to reiterate our strong opposition to the federal government’s mandate for a three-day in-office work week. We sent out an RTO member survey to collect crucial information from members on their day-to-day experiences. That survey highlighted the significant challenges our members face under the new mandate, with less than half our members feeling that their current working conditions meet their needs.

We launched a letter-writing campaign to Members of Parliament and Treasury Board President Anita Anand, resulting in more than 9000 letters being sent. We encourage members to continue to support this action. We need your voice more than ever! https://pipsc.ca/news-issues/return-to-workplace

We forced Anita Anand to break her silence on this nonsensical mandate at a public mayoral breakfast in Ottawa when she “urged managers to be flexible with telework arrangements” - This could not have happened without the sustained pressure of unionized workers. We supported our AFS members in front of CRA headquarters. We showed solidarity at a sister union rally at Terrasses de la Chaudière.

Over the next few weeks, we will be actively involved in future rallies and Labour Day events and join PSAC, CAPE and ACFO in a petition blitz. We are united in our fight to repeal the mandatory 3-day in-office mandate - together we will continue to build a future of work that works for us all.

No, you should not be subject to any repercussions and should sign the petition without fear of doing so. Signing this petition does not contravene Treasury Board’s Code of Values and Ethics and would not be grounds for discipline. It is within your rights as an individual and as an employee. If you do happen to experience any sort of repercussions, please reach out to your steward.

Yes, PIPSC regularly meets with the other bargaining agents who have employees impacted by the mandate. We discuss strategy and next steps on how we can best support members and leverage our collective efforts to apply pressure on the employer to repeal this mandate.

No. The return to office mandate does not put employees in a legal position to strike. Striking would be considered illegal and could result in disciplinary measures.

While your employer can ask you to return to the workplace, they also must ensure that your health and safety are protected and that the request isn’t discriminatory. If you feel that the requirement for you to work in the workplace doesn’t meet one or more of these criteria, we recommend that you speak to your manager to discuss an alternative work arrangement as a first step.

If the Return to Workplace plans create an impediment for you to participate in the workplace it may be discriminatory. If so, you may need to request an accommodation as part of an alternative work arrangement. If your request for accommodation is denied, you may file a grievance.

If you’re concerned about health and safety in the workplace, you should contact your manager and your health and safety committee, and you may file a grievance or a health and safety complaint. For specific assistance relating to health and safety requests, or to a denied accommodation request, please fill out our help form and a PIPSC Employment Relations Officer will be in touch.

If you reasonably believe that your attendance in the workplace puts your health and safety at serious risk, you can file a health and safety complaint under Part II of the Canada Labour Code.

The first step is to file a health and safety complaint, either orally or in writing, with your manager. You then must speak to your manager about your concerns to try and resolve the complaint.  If you cannot resolve the complaint it must be referred to the Workplace Health and Safety Committee for review.

Yes, TBS announced that the IT exemption that is currently in place will no longer be in effect. The 3 day minimum will also apply but will be done with a transition period starting in September 2024, with full implementation expected by September 2025. Members who fall under this category should follow the same protocol that was provided when the return to office was announced last year. We encourage you to review the FAQs and our website for any questions you may have surrounding the process. 

OCHRO did not provide any sound rationale for the change, the rationale they provided was essentially to establish consistency. They have not provided any evidence or statement on how the blanket policy will achieve such a goal or provide a benefit to employees. While it could be reversed, it is unlikely.

Currently, the return to office mandate applies equally to all core public administration employees and departments under TBS. Separate employers were strongly encouraged to follow this TBS direction. CRA and CFIA have done so. The direction does allow for a few exceptions, as approved by the appropriate Assistant Deputy Minister such as:

• Employees hired to work remotely prior to March 16, 2020
• Indigenous public servants whose location is critical to their identity to work from their communities
• Employees with specific permission who work remotely 125 km or more from their designated worksite
• Certain case-by-case exemptions, such as certain cases of accommodation. These are considered exceptional

The Employer has a legal duty to accommodate employees who fall into several categories listed in the collective agreement or Canadian Human Rights Act (e.g. disability, family status) up to the point of undue hardship. Practically this means that the Employer is required to remove barriers to your full participation in the workplace where feasible, for example, if you are disabled. This could include allowing you to work remotely depending on your specific circumstances.

You can request an accommodation for various reasons if the Return to Workplace plans create a serious obstacle to your involvement in the workplace. Some examples would be if you had a medical condition that prevented you from returning to the office 3 times per week; or, if requiring a return to work had a substantial impact on your legal requirements for childcare or eldercare in which no reasonable alternate solutions were available. Each situation should be considered on a case-by-case basis.

No matter what reason you are requesting an accommodation, the first step is to contact your manager to put in a formal request.

When seeking an accommodation of any kind, you must disclose the reasons why you need to be accommodated, though you do not need to disclose your diagnosis or your specific treatment if your request is related to a disability. Although you may prefer to keep your reasons to yourself, the law on this matter is clear; employees are required to cooperate in the accommodation process by providing supporting medical information or other documentation required to support their request. It is reasonable for your employer to request certain information such as your functional limitations or the reasonable steps you have taken to secure child care, for example.

A denial of an accommodation for a disability, medical reason or family situation could be considered as discriminatory, and therefore violate your collective agreement. The burden of proof in an accommodation situation lies with you – both to prove the grounds of discrimination and to confirm your specific restrictions or functional limitations.

Please fill out our help form and an Employment Relations Officer will be in touch. After reviewing your request and the reasons it was denied, we will recommend how to proceed, which may include filing a grievance.

Per the Canada Labour Code, Part II, your employer is required to ensure that your workplace, workspace and procedures meet prescribed ergonomic standards. Your employer is also responsible to ensure that the equipment you use meets health, safety and ergonomic standards. This does not mean that your employer is obligated to provide you the exact chair or office set up that you prefer.

If you have specific needs, submit a request to your manager. You may also request an ergonomic assessment be done to establish what these needs may be. If your employer refuses to provide this equipment, please fill out our help form and an Employment Relations Officer will be in touch.

If you have concerns about returning to work for any reason, or increasing you return to the office to three days per week, having a conversation with your manager about continuing to work remotely is an excellent place to start, particularly if any of the following apply to you:

• You have evidence that your employer said that you would be working remotely in the future. This is particularly important if you moved further away from your workplace based on this understanding.
• All or most other teams in your department have hybrid and remote working options, and there is no reasonable justification for your team to be denied these options.
• You are the only employee who is denied hybrid or remote work options, with no reasonable justification.
• If there are not enough workspaces (e.g. desks) for you to return to your office
• If you have a valid telework agreement indicating that you only work a certain number of days in the office, or telework 100% of your work week.

In addition to highlighting the items above to your manager, we also recommend discussing your situation and providing a proposal of what you would like to see in terms of hybrid or remote working options.  This could include a return to workplace once a week, a few times a month, or not at all depending on your needs and the needs of the Employer.

Members each have unique circumstances and situations. For any exceptions, members should speak to their supervisor about a flexible work arrangement and to discuss available options.

We believe that members with existing and valid teleworking agreements that predate the pandemic (March 16, 2020) should be allowed to continue working remotely. If you have an existing telework agreement but are being forced to return to your workplace, we would suggest that you ask your manager why your valid agreement is not being respected. If your employer insists on your return to the office, please contact an Employment Relations Officer to discuss your options.

We believe that members with existing and valid teleworking agreements that predate the pandemic (March 16, 2020) should be allowed to continue working remotely. This should not change regardless of the recent announcement. If your requirement to work in office was a result of the return to office mandate from 2023, it is likely the recent change will also apply to you. Members should speak to their supervisor to discuss their specific circumstances. Management must respect the terms of your telework agreement if and when they choose to seek a modification be made to the agreement. Should that not be done, you should contact your steward for assistance.

The first step is to raise your concerns with your manager. You may be able to work out an alternative arrangement that permits you to find adequate childcare as soon as possible. If your manager isn’t able to or unwilling to find a workable solution, you should formally request an accommodation. If this request is denied, we encourage you to contact a steward or an Employment relations officer to discuss other recourse such as a grievance.

Any telework agreement that predated the pandemic (March 16, 2020) should remain in effect. Otherwise, you should carefully review the revised telework agreement and discuss your specific circumstances with your manager in light of the new Direction on Prescribed Presence in the Workplace. Please see above questions on possible exemptions.

While remote work and “presence with purpose” is and was a top priority, we were unable to negotiate remote work into the collective agreement(s) as TBS did not have the political mandate to add remote work into the provisions of the collective agreement. Having said that,PIPSC and TBS did formally agree to work collaboratively on a hybrid approach through an LoA (Letter of Agreement) negotiated at the central table for our core groups.

Exemptions are made on a case-by-case basis and are done in exceptional circumstances. In order to request an exemption, employees should first have a conversation with their manager about the specifics of their request or by following the specific instructions provided by your department. If it’s determined that requesting an exemption is the best option, it should be done in writing and the details surrounding the exemption you are seeking should also be included (for example, dates, length of time, location, reason for exemption, duration, etc.). Any response from management should also be provided in writing

If you requested an exemption and it was unreasonably denied, the options available for recourse will depend on the nature of the exemption you are requesting. However, if it is denied then the denial should be provided to you in writing, including the reason/grounds for the denial. If the denial is not done in writing, employees should request that their manager provide them with the denial and surrounding rationale in writing per the Directive on Telework.

Once you have the rationale and you believe that it is unreasonable or arbitrary, please fill out our help form and an Employment Relations Officer will be in touch to discuss potential options, if any are available. This will be evaluated on a case-by-case basis.

If this occurs, immediately tell your manager that you are willing and able to work but require an appropriate desk space, and ask what they would like you to do. They would then be responsible to find you an alternate work location. Depending on where this location is (if it is alternate to your designated office location), there may be other factors to consider. Should this occur, please fill out our help form and a PIPSC Employment Relations Officer will be in touch.

If you are asked or instructed to work from an alternate work location, members should consult the NJC Travel Directive as there are potential implications depending on the location itself and distance from your designated work location. If this happens, be sure to have the request in writing and confirmation if you will be deemed on travel status. You may also want to consult the NJC FAQ here. If you have concerns, please fill out our help form and a PIPSC Employment Relations Officer will be in touch.

As it stands, the employer does not have the capacity to accommodate all employees in office for 4 or 5 days per week. While the employer does have the right to dictate an employee’s work location, we have not been informed of such changes nor has there been any indication this will happen anytime soon.

While the employer has not confirmed how they will measure compliance, there are several ways in which they could potentially monitor compliance. This includes: IP address tracking, monitoring security swipes with your building access card, monitoring desk reservations, physical verification in person, managers emailing to confirm, etc.

Ultimately, if you are required to be in office, you should be in the office. Refusing to comply could be considered as insubordination and lead to disciplinary measures. If you encounter a situation where you are accused of not being in office when in fact you were, please fill out our help form and an Employment Relations Officer will be in touch.