Here’s who is exempt from the federal government’s new hybrid working rules

Workers have protested the policy, and the Federal Court recently agreed to have a full hearing over the issue

Published Sep 09, 2024  •  Last updated 0 minutes ago  •  3 minute read

Minister Anita Anand speaks to media at the Federal ministers cabinet retreat in Halifax, Tuesday, Aug. 27, 2024. Photo by Kelly Clark /The Canadian Press

Starting today, the federal government will require most civil servants to work from the office for three days a week instead of two.

In May, the Treasury Board of Canada Secretariat (TBS) announced its new hybrid work arrangement, which also directs managers to work in-person four days out of the week.

Workers have protested the policy, and the Federal Court recently agreed to have a full hearing over the issue.

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Here’s where things stand and who is affected:

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What does the rule say?

TBS, which manages labour relations for federal departments, requires public servants to come into the office at least three days a week or for 60 per cent of their monthly or weekly schedule. Deputy ministers are advised to “use discretion and adapt to their operational requirements.”

Previously, most federal public servants had to be in the office at least two days a week. Those rules were put in place March 2023, two years after people began working remotely due to the COVID-19 pandemic.

Who is affected?

TBS oversees 282,152 of Canada’s 367,772 federal employees, according to figures made available at the end of March.

According to Ottawa Citizen, the agencies following the new mandate include “Parks Canada, Communications Security Establishment, Financial Transactions and Reports Analysis Centre of Canada, Office of the Correctional Investigator, Canadian Food Inspection Agency, Office of the Superintendent of Financial Institutions, Canadian Institutes of Health Research and Canada Revenue Agency.”

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Some federal departments have their own policies, and many workers are already subject to different work arrangements.

How has the new hybrid policy been received?

Unions say most federal workers are opposed to the new measures, citing better work-life balance, cost savings and better productivity when working from home. They’ve also stated that the changes were made without consultation.

Another concern unions have flagged is the lack of space for everyone in the office, saying workers already struggle to find available desks and meeting rooms.

In a statement, Public Services and Procurement Canada said it is working with federal departments and agencies to ensure sufficient office space is provided. The federal government said in this year’s federal budget it plans to cut its office portfolio in half and turn “vacant government offices” into housing.

Who are the exceptions?

According to TBS, those hired for remote work before March 16, 2020, Indigenous employees for whom it is important to work from their community, employees who work 125 km from their worksite and “exceptional” case are among those who may be exempt.

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What’s next?

Public Service Alliance of Canada (PSAC) has filed unfair labour practice complaints and policy grievances, as well a Federal Court application. Just before the Labour Day weekend, the Federal Court agreed to hear the case.

That decision by the court “does not affect the decision on increased in-person presence,” the Treasury Board said in a statement, noting both parties will have a chance to present their arguments to the court. A date for the hearing has not been set.

“We may not win this tomorrow. We may not win this next week. But if we continue to fight, this is the new future of work for federal public servants and for workers everywhere,” Jennifer Carr, president of the Professional Institute of the Public Service of Canada, told an earlier rally on Thursday.

Treasury Board President Anita Anand has maintained Ottawa has the jurisdiction to make the changes and hybrid work arrangements aren’t in the collective agreements with the unions.

National Post, with additional reporting from The Canadian Press

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