Exceptional hours of work compensation directive

About this directive

Purpose

To provide clarity and transparency to support accurate and consistent application of compensation to non-union employees for exceptional hours of work, in situations where there are no other methods of compensation.

Overview

This directive provides the criteria and approach to the application of lump sum payments in accordance with the Public Service Employment Regulation. The Public Service Commissioner (Commissioner) will issue instructions (employee eligibility, lump sum payment amount, timing of payment, etc.) specific to the implementation of extra or special services compensation for non-union employees.

Definition of terms

Bargaining unit: employees under the Public Service Act designated to be represented by a trade union as the certified bargaining agent, as defined by the Public Service Employee Relations Act.

Emergent services compensation: additional compensation in the form of a lump sum payment provided to management employees under emergent situations.

Extra compensation: additional compensation in the form of a lump sum payment provided to non-union employees under unique circumstances.

Management: employees appointed to a position in the Management Job Evaluation Plan, and paid in accordance with Schedule 2, Management Official Pay Plan, as included in the Public Service Employment Regulation.

Non-management: includes employees in bargaining unit, position exempt, and opted out and excluded employment groups.

Non-union: includes employees in management, position exempt, and opted out and excluded employment groups.

Opted out and excluded: employees in a classification not included in the bargaining unit, who are appointed to a position in the Point Rating Evaluation Plan, and paid in accordance with Schedule 1, Part 1-A, Part 2-A and Part 2-B of the Opted Out and Excluded Official Pay Plan in the Public Service Employment Regulation.

Position exempt: employees in a bargaining unit classification who are excluded from the union in accordance with Part 3, Division 3, Section 12 of the Public Service Employee Relations Act.

Extra compensation

A deputy head may request access to extra compensation in exceptional circumstances when there is no other method of compensation. The Commissioner may approve extra compensation in the form of a lump sum payment for non-union employees who are required to continually work under unique circumstances, including working outside normal GoA office hours.

With Treasury Board approval, extra compensation may also be provided when applying a lump sum payment in lieu of an annual general increase.

The provision of extra compensation will be administered based on implementation instructions issued by the Commissioner and in alignment with the criteria outlined below:

• lump sum payment rationale
• employee eligibility
• lump-sum amount
• timing of payment

Lump sum payments are:

• not pensionable,
• not eligible for any retroactive pay adjustments, as it is a point in time payment, and
• subject to payroll deductions, as these payments are part of an employee’s compensation.

Emergent services compensation for management

When there is no other method of compensation, the Commissioner has discretion to approve emergent services compensation in the form of a lump sum payment for management employees, as they are not eligible for overtime.

Emergent services compensation will not be provided for:

• anticipated or predictable events such as dignitary visits
• job functions that are critical by nature of work (for example: ensuring safe and secure communities, emergency management preparedness and response, monitoring potential emergencies, supporting recovery efforts, etc.)
• cyclical emergency and disaster prevention, preparedness and response including coordination, oversight and response to seasonal wildfires, floods, etc.
• increased work demands that are high profile, time sensitive and cyclical in nature (for example: annual budget preparations, preparation of Public Accounts, policy development on high priority mandate items, etc.)

Deputy heads have the authority to provide management employees with time off in recognition of extensive hours worked for anticipated events.

Emergent services compensation may be activated on Commissioner’s authority during unanticipated and unprecedented extra-ordinary events of significant magnitude. An emergent situation, such as natural disasters (for example: wildfires, floods), public health emergencies (for example: pandemic response), or work stoppage (for example: job action) that has occurred causing significant disruption to government services or poses the potential for injury or harm to Albertans and their property, the environment or the economy, requiring a rapid and coordinated provincial response.

Such emergent situations are characterized by the scope, prolonged duration, and extent of impact.

Psychological, physical and emotional well-being of employees is essential; deputy heads will make every reasonable effort to plan work processes, program delivery and staff schedules to support employee mental health and resiliency, while minimizing requests for emergent services compensation.

The deputy head will ensure time in lieu (time off) in recognition of extensive hours worked, is provided consistently across the department. When an employee is allocated to another department to support provincial response efforts, the deputy head leading the response will inform deputy heads of the earned time off in lieu for the employee. On the employee’s return to the department and their regular duties (base position), the deputy head will provide the employee time off based on reported hours worked.

If time off cannot be provided due to operational requirements, the deputy head must:

• provide rationale to the Commissioner as to why time off cannot be provided, and
• request access to emergent services compensation in accordance with the eligibility criteria.

Eligibility criteria

The following management classifications may be eligible for emergent services compensation in exceptional circumstances:

• Manager (Zone 1 and Zone 2)
• Senior Manager (Zone 1 and Zone 2)
• Executive Manager 1
• Executive Manager 2

In order to be eligible for emergent services compensation, management employees must meet all of the following criteria:

• required to continually work extensive hours, more than 45 hours within a calendar week (Monday to Sunday) for a minimum of 3 consecutive weeks, in an effort to support the government’s immediate response to the emergent situation
• deputy heads must submit, or indicate in writing a request will be forthcoming, within 60 calendar days from the start of the emergent situation
• time in lieu, in recognition of the additional hours, has not and cannot be provided

Even if all criteria are met, the Commissioner has discretion to not approve emergent services compensation.

Lump sum payments

The Commissioner approved lump sum payments are:

• calculated at the employee’s hourly rate for only the hours worked beyond 45 within a calendar week (Monday to Sunday), at the time of the emergent situation
• not eligible for retroactive pay adjustments as the payment is processed at a point in time
• paid within the calendar year in which the extensive hours were worked
• not pensionable
• subject to payroll deductions

Approval authority

Deputy head must justify and request access to emergent services compensation and recommend eligible employees to Commissioner for approval. The following table outlines the approval authority dependent on the cost of the extra-ordinary event and/or the lump sum payment employee threshold.