On November 23, more than 65,000 elementary and high school teachers in Quebec began an open-ended strike. As a result, hundreds of schools across the province are currently closed. This may have a direct impact on CAPE members with children enrolled in Quebec educational institutions.
CAPE is advocating to each government department dealing with employees affected by the Quebec school strike to look at cases of Code 699 and Family Related Responsibilities Leave individually, rather than make a blanket policy decision and to provide detailed reason.
With 40% of teachers on strike now, and the other 60% going on a one-week strike on December 8, we know that members are scrambling to find childcare. However, even with advanced notice, members tell us of plans not working out at the last minute and caregivers needing to use Code 699 or Family Related Responsibilities Leave for unexpected childcare needs.
If you have unexpected childcare needs due to the strike and your manager isn’t accepting your leave request, please contact us for advice.
CAPE has been advocating for the employer to be more flexible with its use of Code 699 in recent years, especially given that TBS’ restrictions on the use of leave with pay under Code 699 are adversely impacting specific employee demographics. CAPE is currently asking to reactivate previous cases presently in abeyance.
About Code 699:
What is Code 699* (Other Leave with Pay)?
*It is important to note that not all departments/agencies use Code 699 as the Code for “Other Leave with Pay”. So, while Code 699 is what is generally used, some departments/agencies use a different code for “Other Leave with Pay “.
Clause 21.17 of the EC collective agreement is the Other Leave with Pay provision to which the TBS Code 699 directive references and it provides as follows:
“At its discretion, the Employer may grant:
- leave with pay when circumstances not directly attributable to the employee prevent his or her reporting for duty. Such leave shall not be unreasonably withheld.
- leave with or without pay for purposes other than those specified in this agreement.”
Clause 21.17 clearly defines the circumstances under which Code 699 leave is to be granted, i.e., it shall be in circumstances that: (1) are not directly attributable to the employee, and (2) prevent the employee from reporting for duty. Although this leave is discretionary, the Employer’s discretion is not absolute as clause 21.17 specifies that the leave shall not be unreasonably withheld.
Similarly, in the TR collective agreement, clause 21.25 is the Other Leave with Pay provision that the Code 699 directive references and it provides as follows:
“At its discretion, the Employer may grant leave with or without pay for purposes other than those specified in this agreement.”
Once again, although this leave is discretionary, the Employer’s discretion is not absolute as management must exercise its discretion reasonably and in a non-discriminatory manner.
