29.01.01

An employee identified as surplus shall receive six (6) months’ written notice of layoff. Copies of all such notices shall be provided to the Association. An employee who receives a written notice of layoff may resign and, subject to management approval, receive equivalent pay-in-lieu of notice. A surplus employee who resigns shall also receive Termination Payment in accordance with Article 31.

29.01.02

An employee who selects pay-in-lieu of notice (i.e. resigns) at the time they receive notice in accordance with Article 28.04 (Layoff) has the following options:

(a) a lump sum of six (6)-months’ pay, in which case all salary and benefit entitlements which would have accrued to the employee from the last day worked to the layoff date are forfeited;

or

(b) continuance of salary plus benefits (except Short Term Sickness) for the duration of the notice period. Termination Payment under Article 31 will be paid out at the layoff date.

29.01.03

An employee who does not select pay-in-lieu of notice at the time they receive notice in accordance with Article 28.04 (Layoff) and later resigns, shall receive a lump sum of six (6) months’ pay reduced by the time elapsed during the notice period prior to resignation.

29.02.01

An employee who is declared surplus and selects pay-in-lieu of notice may opt for one of the following in addition to the severance entitlements set out in Article 29.01:

(a)Enhanced Severance of an additional one (1) week of salary for every completed year of continuous service, with no maximum;

or

(b)Separation Allowance consisting of one of the following:

i) Where an employee’s resignation takes effect within one (1) month after receiving surplus notice, they shall be entitled to a separation allowance of two (2) weeks’ salary for each year of continuous service to a maximum of twelve (12) weeks’ pay;

or

ii) Where an employee’s resignation takes effect later than one (1) month after receiving surplus notice, they shall be entitled to a separation allowance of four (4) weeks’ salary.

29.02.02

An employee who is declared surplus and is laid off at the end of the 6-month notice period shall be paid Termination Payment in accordance with Article 31, and either Enhanced Severance in accordance with Article 29.02.01(a) or Separation Allowance under Article 29.02.01(b)(ii), whichever is greater. For the purposes of Separation Allowance under Article 29.02.01(b)(ii), the laid-off employee shall be treated as if they had resigned.

29.03

Where an employee accepts pay-in-lieu of notice pursuant to Article 29, any further entitlements beyond those specified in this Article are forfeited. The employee will be eligible to apply to restricted competitions from the last day of work until twenty-four (24) months from the originally projected date of layoff provided the employee falls within the posted area-of-search parameters.

29.04

Where an employee accepts pay-in-lieu of notice and is subsequently re-appointed under Part III of the Public Service of Ontario Act, 2006 prior to the originally projected layoff date, the employee will repay to the ministry a sum of money equal to the amount paid for the period between the date of re-appointment and the original projected layoff date. In addition, the employee will repay to the ministry all monies received for enhanced severance or separation allowance. For clarity, the employee will not be required to pay any tuition fees already received under this Article. The employee’s continuous service, for all purposes except Article 31 (Termination Payment), shall be deemed to include both service up to the last day of active work and the accumulation of service after the date of reappointment. The new service date for purposes of Article 31 (Termination Payment) shall be the date on which the employee recommences work.

29.05

Where an employee who accepts pay-in-lieu of notice or is laid off at the end of the six (6)-month notice period is re-appointed under Part III of the of the Public Service of Ontario Act, 2006 after the originally projected layoff date, and prior to the expiration of a further twenty-four (24) months, the employee will repay to the ministry all monies received as enhanced severance pay or separation allowance. For clarity, the employee will not be required to pay any tuition fees already received under this Article. The employee’s continuous service date for all purposes except Article 31 (Termination Payment) shall be deemed to include both service up to the last day of active work and the accumulation of service after the date of re-appointment. The new service date for purposes of Article 31 (Termination Payment) shall be the date on which the employee recommences work.

29.06

Where repayment to the Ministry is required, any re-appointment under Part III of the Public Service of Ontario Act, 2006, is contingent upon such repayment being made in full not later than the date upon which the employee is re-employed. Where such repayment is not made in accordance with this provision, then any subsequent re-appointment shall be rendered null and void without penalty to the Employer. The termination of employment as a result of this Article shall not be grievable. The onus shall be upon the employee to identify to the hiring manager at the time an offer of employment is being made that they are subject to the repayment obligations.

29.07

Where an employee resigns and their resignation takes effect within one (1) month after receiving surplus notice, they shall be eligible for reimbursement of tuition fees up to a maximum of three thousand dollars ($3,000). Reimbursement for tuition fees will be made upon production of receipts from an approved educational program within twelve (12) months of resignation.

29.08

Where an employee resigns later than one (1) month after receiving surplus notice, they shall be eligible for reimbursement of tuition fees up to a maximum of one thousand two hundred and fifty dollars ($1,250). Reimbursement for tuition fees will be made upon production of receipts from an approved educational program within twelve (12) months of resignation.

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