Strike related activities and the administration of Leave Without Pay

As the national strike continues, many employees will now have been participating in strike activities for more than five full consecutive days.

To ensure proper pay administration, there are two ways in which employees or managers will need to report Leave without pay (LWOP) for participation in legal strike activities.

This depends on whether you were continuously on strike LWOP for more than five full consecutive days without any breaks (return to work or pre-approved leave) or for five days or less:

• For periods of LWOP that are more than five consecutive days, your excluded or unrepresented manager will follow the required process to identify employees that have been on strike for more than five consecutive days. Any days worked (full or partial) or paid leave will break the consecutive days (see LWOP for five days or less below).
  • It will take several pay periods to process the large volume, and salary recoveries will be applied as processing proceeds and from first available funds. In other words, salary recoveries will be recuperated in full from a future pay (or pays).
• For periods of LWOP that are five days or less, employees must enter the LWOP on their timesheet using code 9550 – Leave Without Pay Legal Strike.
  • Once timesheets are approved, salary will be recovered in full from the next pay or first available funds.

Issuance of Records of Employment

You will be receiving a Record of Employment (ROE) if you have been on leave without pay for more than five full consecutive days. This is because the Employer is required to issue one as per Employment and Social Development Canada (ESDC) legislated requirements. You are not eligible for regular employment insurance benefits for strike leave without pay, but the CRA is still required to issue a ROE. Phoenix will automate this once Compensation processes the LWOP.

Managers have been provided with specific instructions on how to report strike LWOP. If you have any questions, please speak with your unrepresented or excluded manager.