Overview

This directive sets out broad provisions for employees in circumstances such as maternity, adoption, parental, general illness leave, and Long Term Disability Income, whose positions have been abolished.

Please note: This is suspended to March 30, 2020 for permanent Bargaining Unit employees due to Letter of Understanding #17 in the Collective Agreement (Employment Security). Bargaining Unit employees must refer to the Collective Agreement for the most current information.

Maternity, adoption, and parental leave

If employees start maternity, adoption, or parental leave after receiving written notice of position abolishment, their position abolishment rights are interrupted. Their rights are interrupted from the date the employee starts the leave to the end of the leave or to the date the employee returns to work, whichever is sooner.

For example, when an employee works for 30 calendar days of the notice period, goes on leave, then returns to work, the employee is entitled to a further 60 calendar days of notice followed by the 180 calendar days of vested rights. The employee also has the option to resign and take pay instead of notice. If an employee is on maternity, adoption, or parental leave when the decision is made to abolish the position, the department may verbally advise the employee that formal position abolishment notice will be provided when the employee returns to work. The union may be advised at the same time.

General illness leave

We recommend that departments do not serve formal notice to an employee who is on general illness leave, since both the employee and the employer cannot meet their position abolishment obligations.

Long term disability income

We recommend that employees on LTDI not be served formal position abolishment notice. If employees are able to return to work within the 24-month period, notice should be served when they return to work. If, however, notice was served before they went on LTDI, their position abolishment rights are interrupted and would only recommence if they are able to return to their own position within the 24-month period.

About this directive

Authority: Collective Agreement, Article 15
Public Service Employment Regulation (PDF, 880 KB)
Application: Organizations under the Public Service Act
Effective Date: October 1, 1997 (reviewed March 31, 2009)
Contact: Alberta Public Service Commission:
Labour and Employment Practices; Talent Acquisition and Mobility