Scope
Introduction
This directive provides greater flexibility for spouses or common-law partners who, for employment, education or family-related reasons, do not accompany the employee for all or part of the employee's posting. Assistance is designed to recognize those situations which are attributable to foreign service, rather than those situations which result from personal choice.
This directive replaces FSD 17.4, FSD 17.5 and the Appendix to FSD 17 - Special Short-Term Separation Assistance for Spouses or Common-law Partners, as well as FSD 15.34(a) Family Separation Expenses, of the 2001 Foreign Service Directives.
Please refer to the Instructions and Guidelines at the end of this Directive for additional information or greater clarification of certain sections.
Directive
18.1 Purpose
(Note: Refer to Guidelines)
18.1.1 This directive provides greater flexibility for spouses or common-law partners who, for employment, education or family-related reasons, do not accompany the employee for all or part of the employee's posting. One or more dependent children may accompany the employee to a post or remain in Canada with the spouse/common-law partner.
18.1.2 Assistance is designed to recognize those situations which are attributable to foreign service, rather than those situations which result from personal choice.
18.1.3 Assistance is designed to offset the cost of maintaining the second residence in the headquarters city. The employee remains responsible for one set of household expenses. It is not the purpose of this directive to place an employee in a more advantageous position or to provide a financial benefit by virtue of the family separation.
18.1.4 Assistance is limited in situations where the employee's dependant(s) are not living in the headquarters city, as outlined in this directive.
18.1.5 While provisions are available on more than one occasion, it is not the purpose of these provisions to facilitate a permanent spousal separation or marriage breakdown. Employees who are in the process of dissolving a spousal union, or who are in a situation of indefinite spousal separation which may result in dissolution of the spousal union, are not eligible for these provisions. Such employees should be aware that benefits claimed under false pretenses may be recovered, and, in addition, the employee may be subject to disciplinary action.
18.2 Application
18.2.1 This directive is effective April 1, 2009, and applies to all employees, including employees who were granted spousal or family separation assistance prior to April 1, 2009.
18.2.2 Employees who were receiving assistance under FSD 17.04 on March 31, 2009 shall have the option of remaining under those provisions for the period for which the assistance was authorized, including any extension, or applying for the provisions of this directive.
18.2.3 In cases of conflict or contradiction between the provisions of this directive and the provisions of any other directive, the provisions of this directive shall apply, including provisions for managerial discretion in accordance with Section 18.9.
18.2.4 Assistance under this directive may be authorized by the deputy head in the following circumstances:
(a) where, for operational reasons, the deputy head directs an employee to accept an assignment on an unaccompanied basis, or to continue or extend an assignment where dependants have been evacuated under the provisions of FSD 64 - Emergency Evacuation and Loss, and living expenses for the separated dependants are not being paid under that directive; the period would normally be up to the duration of the employee's assignment or extension, or such date as the deputy head authorizes a dependant(s) to join the employee at the post;
(b) where, for employment, education or family-related reasons, a spouse/common-law partner does not accompany an employee for all or part of an employee's posting; one or more dependent children may accompany the employee to a post or remain in Canada with the spouse/common-law partner; the period would normally be for the time during which the employee and dependant(s) are separated;
(c) where disruption of a dependant's education would occur; except as provided for in sub-section (d), the period would normally be to the end of the relevant school term;
(d) where the employee's spouse/common-law partner and one or more dependent children remain at the former place of duty in Canada in order to avoid disruption of a dependent child's education at the primary or secondary level; the period would normally end when the child completes the final year of secondary education, or when the family relocates to the post, or on completion of the employee's assignment, whichever is earlier; (Note: Refer to Instructions)
(e) where a dependant is ill and is unable to relocate with the employee; the period would normally end not later than 14 days following the date that the attending physician certifies that the dependant is medically fit to travel;
(f) where a dependant remains at the former place of duty in Canada to arrange for disposal of the employee's principal residence; the period would normally not exceed twelve months and would end on the day following the closing date of the Agreement of Purchase and Sale or the day following the commencement date of a rental agreement, whichever is applicable. (Note: Refer to Guidelines)
(Note: Refer to Instructions)
18.3 Employee-Couple
18.3.1 The provisions of this directive apply to employee-couples.
18.4 Waiver of Shelter Cost
(FSD 25 - Shelter)
(Note: Refer to Instructions and Guidelines)
18.4.1 Notwithstanding the provisions of FSD 25 - Shelter, where the employee's spouse/common-law partner does not accompany the employee for all or part of the employee's posting because of circumstances outlined in subsection 18.2.4, the deputy head may authorize a waiver of 100% of the employee's shelter cost when the spouse/common-law partner resides in the headquarters city and incurs costs for shelter.
18.5 Family Reunion Travel
(FSD 51 - Family Reunion)
18.5.1 Notwithstanding the provisions of FSD 51 - Family Reunion,
(a) as long as the separation is for a minimum of 6 months, family reunion travel shall be authorized on the basis of 2 trips per year for separated dependant(s), except that where the separated dependant relocates to the employee's post for a portion of the employee's assignment, the total number of times an employee may claim a family reunion travel allowance for the duration of posting shall normally be reduced by one; (Note: Refer to Guidelines)
(b) where the separated dependant(s) do not reside in the headquarters city the cost of travel is limited to return travel between the headquarters city and the employee's post, or, between the employee's post and the headquarters city, as applicable. The employee shall be responsible for return travel between the location of the separated dependant(s) and the headquarters city, unless the employee accepts the assignment on an unaccompanied basis; (Note: Refer to Guidelines)
(c) at the request of the employee, approval shall be given for the employee, and any accompanying dependant(s) at the employee's post, for travel to the headquarters city, in lieu of travel of all separated dependants to the employee's post. Where there are school-age children, one of the trips must be for the purpose of family reunion during the long school holiday recess. Subject to paragraph 18.5.1(b), the allowance shall be calculated on the basis of return travel from the headquarters city to the employee's post, for the employee's separated dependants;
(d) at the request of the employee, travel may be approved to a third location, in accordance with FSD 51, except that travel must be for the employee and all dependant(s) eligible for travel; subject to paragraph 18.5.1(b), the allowance shall be calculated on the basis of return travel from the headquarters city to the employee's post, for the employee's separated dependant(s). (Note: Refer to Guidelines)
18.6 Vacation Travel Assistance
(FSD 50 – Vacation Travel Assistance)
18.6.1 Notwithstanding the provisions of FSD 50 - Vacation Travel Assistance:
(a) in order to qualify for a vacation travel allowance under FSD 50 – Vacation Travel Assistance, a dependant must reside with an employee at a post for a minimum of 8 months of any consecutive 12-month period; and
(b) the allowance shall be determined on the basis of actual household size (employee plus eligible dependants at post) at the time the allowance is authorized.
18.7 Education and Education-Related Provisions
(FSD 30 - Post Transportation and Related Expenses)
(FSD 33 - Education Assistance at a Lycée in Canada)
(FSD 34 - Education Allowances)
(FSD 35 - Education Travel)
18.7.1 Education and education-related costs/expenses are payable for kindergarten, primary and secondary level education of accompanying dependent children at the employee's post, in accordance with the above directives, except that:
(a) notwithstanding the provisions of FSD 35 - Education Travel, travel for an escort from post to Canada shall not normally be approved; and
(Note: Refer to Guidelines)
(b) education expenses at a lycée in Canada are payable in accordance with FSD 33 for a child residing with the employee's spouse/common-law partner in the headquarters city. (Note: Refer to Guidelines)
18.8 Relocation
(FSD 15 – Relocation)
18.8.1 Notwithstanding the provisions of FSD 15 – Relocation, at the request of the employee, relocation travel to and from the employee's post for all separated dependant(s) shall be authorized once during the employee's assignment, except that, where the separated dependant(s) are not residing in the headquarters city, the employee shall be responsible for travel between the location of the separated dependant(s) and the headquarters city. (Note: Refer to Guidelines)
18.8.2 Except for relocation travel, as specified in subsection 18.8.1, there is no entitlement to relocation provisions under FSD 15 - Relocation, where the separated dependant(s) are not residing in the headquarters city.
18.8.3 Subject to subsection 18.8.1, payment of relocation expenses (including relocation travel) for separated dependants shall be approved for periods of 12 months or longer at the post and, with the approval of the deputy head, may be approved for periods of less than 12 months at the post.
18.8.4 At the time of an employee's relocation to a post, the employee may claim actual and reasonable expenses for packing, crating, transportation (including in-transit insurance), and storage of household effects.
18.8.5 At the time of an employee's relocation to a post, the employee may not claim expenses for packing, crating, transportation (including in-transit insurance), and unpacking of household effects to a temporary residence in the headquarters city, when the employee's principal residence is rented or sold.
18.8.6 Once during an assignment, an employee may claim actual and reasonable expenses for packing, crating, local transportation, shipment and unpacking of household effects for separated dependant(s) from the employee's headquarters city to and from the employee's post, where the cost shall not normally exceed the cost which would otherwise have been incurred if the separated dependant(s) accompanied the employee for the duration of posting. The total weight limitation for all shipments for the employee and dependant(s) shall be determined on the basis of the employee's normal household size, as if all dependant(s) had accompanied the employee for the duration of posting. (Note: Refer to Instructions)
18.8.7 An employee may claim the cost of one return trip to the former place of duty when the deputy head is satisfied that the employee's dependant(s) require the assistance of the employee in travelling to the new place of duty. (Note: Refer to Guidelines)
18.9 Managerial Discretion
(Note: Refer to Instructions)
18.9.1 When the deputy head, on the recommendation of the appropriate foreign service interdepartmental coordinating committee, is of the opinion that the assistance provided under this directive is clearly inadequate for an employee (because of special circumstances not taken into account by this directive), such additional assistance may be authorized as is considered necessary to facilitate a departmental program or to rectify what would otherwise be an obvious injustice to the employee.
18.10 Reporting
18.10.1 Departments and agencies are required to keep records of each case of Special Family Separation Assistance and to submit them to the appropriate foreign service interdepartmental coordinating committee annually on April 1st, commencing April 1, 2010.
Instructions
Instructions for 18.2.4 - Application
1. When assistance is requested under paragraphs 18.2.4(b), (c), (d), (e) and/or (f), it is the responsibility of the employee to complete the required application form, in advance of posting, informing the employer of the details of the anticipated spousal/family separation, in order to qualify for the provisions of this directive. However, in exceptional circumstances, the employer will consider an employee's application for these provisions during the posting.
2. Nothing precludes the family from relocating to the post, at which time the employee shall pay the appropriate shelter cost. Payment of relocation expenses for the family would not normally be approved if less than twelve months remain in the employee's assignment at the post.
Instructions for 18.2.4(d) - Application
1. In applying paragraph 18.2.4(d), it should be noted that:
(a) it is not necessary that the student was residing with the employee prior to the relocation; and
(b) these provisions may apply on relocation to Canada or to a post.
2. Where less than three months remain in the employee's posting following completion of the child's final year of secondary education, the waiver of shelter cost may continue until the end of the employee's posting.
Instructions for 18.4 – Waiver of Shelter Cost
1. As a waiver of shelter cost is designed to offset the cost of maintaining the second residence in the headquarters city, proof of actual and reasonable shelter costs incurred in maintaining a household must be provided to the deputy head.
2. A waiver of shelter cost for a period of less than three months at one time shall only be authorized when the spouse/common-law partner resides in the family's principal residence.
3. A waiver of shelter cost shall not be approved where a dependent child/student remains in the headquarters city to complete primary or secondary level education and for whom the employee is in receipt of an education allowance under FSD 34 - Education allowances.
4. A waiver of shelter cost may be approved where a dependent child/student remains in the headquarters city to complete primary or secondary level education at the lycée.
5. An employee's shelter cost shall reflect the actual household size on the date of occupancy of permanent accommodation at post, and shall be adjusted to reflect the arrival and departure of dependant(s) in accordance with the provisions of FSD 25 - Shelter.
6. Given that household size will change during the posting, where an employee occupies Crown-held accommodation, the mission shall make every effort to allocate suitable housing, having regard to the employee's actual household size.
7. Where an employee precedes the dependant(s) on relocation to a place of duty in Canada, a waiver of shelter cost shall take effect from the day of the employee's departure from the post.
Instruction for 18.8.6 - Relocation
The provisions of subsection 18.8.6 are only available where the employee's dependant(s) reside in the headquarters city. When a spouse/common-law partner does not reside in the headquarters city, this is considered to be a personal choice and not attributable to foreign service.
Instructions for 18.9 – Managerial Discretion
1. Use of discretion is designed to place an employee in neither a more nor a less advantageous situation than employees on assignment outside Canada who do not have separated dependants residing in Canada (other than a dependent student).
2. Use of discretion should recognize the exigencies and demands of the foreign service in circumstances which are beyond the reasonable control of the employee. Discretion should not be exercised which would place an employee in a more advantageous position outside Canada than in Canada, or to correct fault, error or negligence on the part of an employee or dependant.
3. Discretion may be exercised, on an individual case basis, to apply the provisions of this directive, including a waiver of shelter cost, to career foreign service employees who are relocated to a post outside Canada from a regional office in Canada, where the employee's spouse/common-law partner remains at the employee's former place of duty for any of the reasons outlined in subsection 18.2.4
4. Use of discretion shall be reported to the NJC Committee on Foreign Service Directives on a biannual basis, i.e., the first day of April and October of each year.
Guidelines
Guideline for 18.1 – Purpose
The deputy head may refuse assistance when the employee cannot demonstrate that such assistance would reflect the intent of this directive.
Guidelines for 18.2.4(f) - Application
1. It is the responsibility of the employee to provide evidence, satisfactory to the deputy head that active and realistic attempts have been made to dispose of the principal residence, following receipt of a Posting Confirmation Form (or equivalent).
2. To facilitate disposal of a principal residence, an employee is expected to explore both sale and rental possibilities within the twelve-month period.
3. Assistance shall not be authorized where a dependant remains at the employee's former place of duty, or some other location, to dispose of income-producing property.
Guidelines for 18.4 – Waiver of Shelter Cost
1. It is not necessary to continue to reside in the principal residence which was occupied when the employee was posted in order to claim a waiver of shelter cost.
2. The employee remains responsible for one set of household expenses. It is not the purpose of this directive to place an employee in a more advantageous position or to provide a financial benefit by virtue of the family separation. It is the employee's responsibility to demonstrate that actual and reasonable costs have been incurred in maintaining a second household. As an example, the intent of the directive would not be met if the spouse/common-law partner vacated the principal residence and moved in with a friend or family member and did not incur expenses/costs for accommodation. In such a situation, the employee is not incurring the cost of maintaining a second residence.
Guidelines for 18.5.1(a) – Family Reunion Travel
1. In planning family reunion travel, the employee should take into consideration the following factors:
(a) date of arrival and anticipated date of departure from post, following completion of the agreed-to tour of duty; and
(b) school holiday recess periods, and in particular the long school holiday recess, where there are school-age dependent children; and
(c) dates of relocation travel, where the separated dependant(s) join the employee for a portion of the employee's assignment; and
(d) availability of vacation travel assistance under FSD 50 – Vacation Travel Assistance, when a dependant is residing with the employee at a post for a minimum of 8 months;
2. The total number of times an employee may claim a family reunion travel allowance for the duration of posting shall be determined by the deputy head on the basis of 2 trips for each year that the employee and dependant(s) are separated. Recognition shall be given to periods of less than one year and consideration given to the desirability of family reunion for important family events or celebrations, such as Christmas. Frequency shall be calculated from the date the employee arrives at post.
Guideline for 18.5.1(b) – Family Reunion Travel
For purposes of paragraph 18.5.1(b), the family reunion travel allowance shall be based on return travel between the location of the separated dependant(s) and the employee's post less the cost of return travel between the location of the separated dependant(s) and the employee's headquarters city.
Guidelines for 18.5.1(d) – Family Reunion Travel
1. Travel to a third location will only be approved where travel is for the employee and all dependant(s) residing with the employee at post and all separated dependant(s) who are eligible for a family reunion travel allowance.
2. When travel is authorized under paragraph 18.5.1(d), the employee and all dependant(s) for whom travel has been authorized must spend a minimum of five days together at the approved third location.
Guidelines for 18.7.1(a) – Education and Education-Related Provisions
1. Travel for an escort under paragraph 18.7.1(a) shall only be approved when the employee can demonstrate, to the satisfaction of the deputy head, that:
(a) the airline will not accept the dependent child on an unaccompanied basis, i.e. letter from the airline; and
(b) arrangements cannot be made for travel under FSD 51 - Family Reunion or FSD 50 - Vacation Travel Assistance.
2. Travel for an escort is only payable where the employee receives an education allowance for the dependent child in accordance with FSD 34 - Education Allowances.
Guidelines for 18.7.1(b) – Education and Education-Related Provisions
1. The purpose of FSD 33 - Education Assistance at a lycée in Canada, is to provide continuity of education in the French language (lycée system) at posts outside Canada.
2. Assistance at a lycée in Canada will not be authorized a second time when the child has not attended a lycée outside Canada since assistance at a lycée in Canada was previously authorized under this directive.
Guideline for 18.8.1 - Relocation
For purposes of subsection 18.8.1, the relocation travel allowance shall be based on relocation travel from the headquarters city to the employee's post, and from the employee's post to the headquarters city.
Guideline for 18.8.7 - Relocation
The intent of subsection 18.8.7 is to enable the employee to accompany pre-school aged children or dependant(s) with a disability on relocation to the employee's post, particularly where a stopover or change in flight is involved. It is not designed for situations such as assistance in the preparation of inventories, and/or in making travel and/or relocation arrangements, including packing, shopping, etc., unless there are extenuating circumstances which justify the use of managerial discretion under subsection 18.9.1