Being a term employee (also known as contract employee) for the federal public service can be stressful. On top of causing financial insecurity and precarity, it can also make some people nervous to stand up for themselves in the workplace and enforce their rights.
However, if you are a term employee, it is important to remember that your rights are still covered under your collective agreement, and you are represented by your union throughout the duration of your term.
Below we will address some of the most common questions and misconceptions for term employees.
You can also always refer to the PSAC Term Employment Guidance Documents for the CFIA and Treasury Board.
Myth vs. reality
Myth: If I go on maternity/parental leave and I am a term employee, I won’t need to repay any of the maternity/parental leave allowance paid by the employer.
Reality: The collective agreement states that to be eligible for the maternity/parental allowance, an employee needs to fulfill the following criteria:
- Have worked for a minimum of 6 continuous months;
- Provide proof to the employer that they have applied for or are in receipt of EI or QPIP maternity/parental benefits;
- Sign a return to work agreement with the employer (see your collective agreement for more details) whereby the employee agrees to work for a period equal to the period they were in receipt of the allowance(s).
If you are a term employee, depending on the length of your term contract, we advise that you consider the possibility of electing to have your maternity/parental allowance payments withheld until the end of your leave. The reason for this is that if your term is for a period shorter than the period provided for under criterion c) above and your term appointment is not renewed, any overpayment must be recovered (with some exceptions—see your collective agreement). To avoid the inconvenience of having to repay some or all of the maternity and/or parental allowance received, you may choose to defer payment of the allowance until you are certain that your fixed-term employment period will be extended for a period equal to the period you were in receipt of the allowance(s).
Myth: If my term isn’t renewed, regardless of the reason, the union can challenge the non-renewal with the employer.
Reality: The Federal Public Sector Labour Relations and Employment Board (the body which adjudicates grievances) does not have jurisdiction to hear grievances based on the expiration or non-renewal of a term contract. There are also no rights to file complaints under the Federal Public Sector Labour Relations Act (FPSLRA).
In cases where there is concrete evidence demonstrating that discrimination was a motive for the non-renewal of a term contract, an employee may contact their local union representative to discuss the possibility of filing a grievance and/or human rights complaint. The union will assess these grievances on a case-by-case basis and can only support those that show a clear connection between the identified protected characteristic and the employer’s decision to end the contract.
Myth: The union cares more about its indeterminate members, and as a term employee, I’m simply not a priority for them. There is little the union can do to help me.
Reality: The Agriculture Union offers representation and fights for the rights of all its members equally, whether they are term or indeterminate. Among other things, here are some of the ways that the union advocates for term employees:
- By pressuring the government to reduce its reliance on term employment so as to eliminate the precarity these workers face;
- By urging departments to consider fairness and equity when making decisions about any changes that affect employees’ job security;
- By advocating for term employees with three years of service to be made indeterminate before externally staffing for equivalent positions.
The Agriculture Union is committed to fighting for job security for all our members, both term and indeterminate. If you have concerns, or if your rights are being violated, your union has your back. Be sure to refer yourself to the PSAC guidance documents linked above, and to speak to your union local if you have any questions.