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About this directive
| Reference to applicable legislation (act or regulation): | Section 6(1)(d),(e), Public Service Act |
|---|---|
| Application: | All employees appointed or employed pursuant to the Public Service Act within a department, as defined in sections 1(b)(i) and 1(b)(ii) of the Public Service Act. |
| Last updated: | February 2022 |
| Last reviewed: | February 2022 |
| Amended by: | Alberta Public Service Commission: Strategic Services and Public Agency Secretariat, Workforce Development and Analytics |
Purpose
The purpose of this directive is to describe the various components and requirements for Alberta Public Service (APS) employees entering into a return service agreement, upon approval of a learning and development (L&D) request. The APS supports employees’ professional development to ensure they have the knowledge, skills and competencies to achieve business priorities. Requests for professional development may include L&D initiatives that are deemed to be of significant investment by the department’s deputy head. In such instances, employees may be required to enter into a contractual agreement with the APS which outlines the return service commitment and repayment obligations for taking part in the L&D initiative.
Overview
The following directive clarifies the definition of terms, the various elements of a return service agreement, including details on how to calculate the return service commitment and implications if the return service commitment is not fulfilled. It applies to all APS employees and aligns with the Professional Development Support Directive and in accordance with the HR Decision Matrix.
L&D requests must be discussed with the supervisor and approved in accordance with the HR Decision Matrix. For more information, refer to the Professional Development Support Directive.
Definition of terms
Disclaimer: If there are any discrepancies in how the terms are defined below and the Public Service Act and Public Service Employment Regulation, the act and regulation supersede.
Daily salary: The employee’s normal daily rate of compensation based on gross salary, calculated in accordance with the Salary Determination Directive.
Financial assistance: The total amount of money paid by the employer to or on behalf of the employee to support the employee’s participation in an L&D initiative, not including salary during a paid leave.
Financial support: The sum of the salary received by an employee during any paid leave for an L&D initiative plus any financial assistance for L&D initiative provided by the employer.
Paid leave: The leave of absence granted by the employer to support the employee’s participation in the L&D initiative, where the employee receives a salary amount during their leave.
Repayment amount: The outstanding amount of money owed to the employer due to employee’s failure to fulfill the Return Service Commitment.
Return Service Agreement: An agreement between the employee and the employer that outlines the details of the return service commitment, including the terms of repayment.
Return Service Commitment: the number of days that the employee must continue working for the employer after the completion of the L&D initiative.
Working day: Any day on which the employee is normally expected to be at their place of employment, as well as authorized absence with pay.
Return service agreement
APS employees who are approved to receive paid leave and/or financial assistance for an L&D initiative may be required to enter into a contractual agreement or Return Service Agreement (RSA) with the organization. An RSA is required when the L&D initiative is considered a significant investment, as determined by the department’s deputy head. It outlines the return service commitment, which is the number of days that the employee commits to working for the employer after completion of the L&D initiative (that is, after the last day of the L&D training). The RSA also specifies the terms of repayment if the employee fails to fulfil the return service commitment.
The employer must engage with the union as part of the process when discussing options and entering into an RSA with a bargaining unit employee.
Determining a return service commitment
Paid leave and/or financial assistance may be approved to support an employee’s L&D initiative.
The following are considered when calculating the return service commitment (total working days owed):
- any paid leave the employee receives for the L&D initiative, where the employee receives a percentage of their salary; and
- any financial assistance the employer provided for the L&D initiative, not including a leave of absence where a percentage of salary is paid.
The return service commitment is determined as follows:
Return Service Commitment (total working days owed) = A + B
A = Working days owed due to paid leave
B = Working days owed due to financial assistance
The following provides further calculation details for the above A and B values.
Fulfilling a return service commitment
The return service commitment begins upon completion of the L&D initiative when the employee performs their work at their place of employment, as normally expected. As such, any work day completed with the Government of Alberta (or an employer approved by the deputy head), after the completion of the L&D initiative, counts towards the return service commitment.
Any authorized absence with pay, such as annual vacation leave, casual and general illness leave, and statutory holidays, counts toward the return service commitment.
Employees who are on long-term disability leave (that is, LTDI) does not count towards a return service commitment. However, the department’s deputy head can choose to waive the return service commitment, as per the HR Decision Matrix. This will be dealt with on a case-by-case basis and in consultation with Public Service Commission’s Workforce Development unit.
Supervisors should revisit the RSA with their employees on a regular basis and must inform relevant hiring managers of such an agreement if the employee transfers to another Government of Alberta department.
Failure to fulfil a return service commitment
Employees must remain employed with the Government of Alberta until fulfillment of the return service commitment. Employees who do not fulfil the return service commitment or do not complete the L&D initiative to the satisfaction of the deputy head, are required to repay the outstanding salary received during any paid leave and any outstanding financial assistance before their departure.
The deputy head may waive any obligation of the employee under the RSA if the deputy head considers it appropriate to do so.
Calculating the repayment amount
After the completion of a L&D initiative (that is, after the last day of the L&D training), working days count towards the fulfillment of the return service commitment until the date of termination of employment.
Should the employee fail to fulfill the return service commitment, the total amount owed to the employer is as follows:
Repayment Amount = C + D
C = Outstanding salary received during paid leave
D = Outstanding financial assistance for the L&D initiative
When an employee leaves before fulfilling a return service commitment (failure to work the number days as specified in the RSA), the outstanding commitment is converted to a debt due to the Government of Alberta.
Interest on the debt will be calculated in accordance with the Charging of Interest on Amounts Owing to the Crown Regulation and will form part of the debt.
The following provides further calculation details for the above C and D values.
Resources
- Professional Development Return Service Agreement
- Professional Development Support Directive
- Professional Development Framework
- Common HR Decision-Making (HR Decision Matrix)
- External Learning Authorization Form
- Travel, Meal and Hospitality Expenses Policy
- Leave of Absence with Pay Directive
- Leave of Absence without Pay Directive
- Types of Leave Directive
- Salary Determination Directive
- HR Contacts
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