FSD 69 - Calculation of allowances

Introduction

This directive outlines the general method of calculation of allowances, but is superseded by any method outlined in a specific directive.

Directive 69

69.01 This directive is superseded by any directive which outlines a specific method of calculation or payment condition.

69.02 Subject to Section 69.03, where an employee becomes eligible for a new rate of allowance or other payment under these directives because of a change in classification or pay, the effective date of eligibility shall be the effective date of the change.

Instruction

The effective date of the change (date d'entrée en vigueur du changement) referred to in Section 69.02 is the effective date of the change in classification or pay specified in the collective agreement, arbitral award or other authority.

69.03

(a) Where a retroactive salary adjustment is authorized for employees subject to these directives, either as a result of a collective agreement or unilateral action by the employer, the effective date of the employee's eligibility for a new rate of allowance or provision under these directives (with the exception of FSD 55 - Post living allowance) shall be the date of the instrument effecting such change (that is, the date of signing of a collective agreement, or an Arbitral Award, or the date of approval of the revision in the case of excluded employees).

(b) Where a retroactive salary adjustment is authorized on or after October 1, 1989, for employees subject to these directives, either as a result of a collective agreement or unilateral action by the employer, the effective date of the employee's eligibility for a new rate of post living allowance under FSD 55 shall be the effective date of the change in salary, not the date of the instrument effecting the change.

69.04 Where an employee is entitled to an allowance for less than a complete calendar month, the allowance shall be calculated as follows:

R X E
C

wherein:

R is the annual rate of allowance,

C is the number of compensation days in a year, and

E is the total number of days of entitlement in that month, including:

(a) each compensation day on which the employee is on duty or on authorized leave with pay; and

(b) each day authorized by competent authority as a general holiday with pay, unless it falls within a period of leave without pay or immediately precedes the first day of employment or immediately follows the last day of employment.

Guideline

For the purposes of "C", the number of compensation days in a given year is 260.88 days.

69.05 Notwithstanding the provisions of the Treasury Board policy on strikes, the Foreign Service Directives, with the exception of FSD 56 - Foreign service incentive allowances and FSD 58 - Post differential allowance shall continue to apply in a legal strike situation.

69.06 Subject to the provisions of Section 69.07, the Foreign Service Directives, with the exception of FSD 56 - Foreign service incentive allowances and FSD 58 - Post differential allowance, shall continue to apply when an employee is absent without leave or on leave without pay during an assignment outside Canada.

69.07 Employees who are in receipt of a maternity or parental allowance in accordance with their collective agreement, or other appropriate authority, who are subject to the Foreign Service Directives, and who are authorized to remain at post during maternity or parental leave, shall receive post living allowance (FSD 55), foreign service incentive allowances (FSD 56) and post differential allowance (FSD 58), as outlined below:

(a) An employee is entitled to 93% of post living allowance (FSD 55), foreign service incentive allowances (FSD 56) and post differential allowance (FSD 58) for the same period as a maternity or parental allowance is authorized, to ensure that allowance payments under the Foreign Service Directives are consistent with provisions for maternity and parental allowances.

(b) Where an employee at a post is or will be receiving a maternity or parental allowance for less than 12 weeks, post living allowance (FSD 55), foreign service incentive allowances (FSD 56) and post differential allowance (FSD 58), less the appropriate shelter cost payable under FSD 25 - Shelter, shall be paid to the employee in full upon the employee's return to work.

(c) Where an employee at a post is or will be receiving a maternity or parental allowance for 12 weeks or more, 50% of post living allowance (FSD 55), foreign service incentive allowances (FSD 56) and post differential allowance (FSD 58), less 50% of the appropriate shelter cost payable under FSD 25 - Shelter, shall be paid in advance of the commencement of maternity or parental leave, and the outstanding balance, including any necessary adjustments, shall be paid upon the employee's return to work.

(d) Post living allowance (FSD 55), foreign service incentive allowances (FSD 56) and post differential allowance (FSD 58) shall be adjusted in accordance with the special provisions of these directives to recognize:

(i) an increase in salary,

(ii) a change in family size,

(iii) a change in the Post Index,

(iv) a revision to the Foreign Service Premium table (Appendix A to FSD 56), and the Post Specific Allowance table (Appendix B to FSD 56)

(v) a revision to the Post Differential Allowance table (Appendix to FSD 58),

(vi) a change in post differential allowance rating level,

except that

(vii) no adjustment shall be made which is based entirely on service outside Canada (e.g. a 50% bonus under FSD 58 - Post differential allowance, or a step progression in the Foreign Service Premium table under FSD 56).

(viii) an adjustment to an employee's foreign service premium shall be made on the basis of a step progression in the Foreign Service Premium Table on the first day of duty on which sufficient points/credits have accumulated to merit the increase, following that employee's return from maternity or parental leave.

(e) Where an employee is temporarily absent from the post in excess of 25 compensation days, post living allowance and post differential allowance shall cease with effect from the 26th compensation day of absence.