Retroactive pay policy grievance

The BC Public Service Agency (PSA) and the BC General Employees Union (BCGEU) have reached agreement on a grievance the union initiated regarding delays in processing retroactive pay resulting from financial increases negotiated in the 2022 collective agreement.

Under the agreement reached, in recognition of errors and delays, the following actions will be taken:

• A one-time addition of 3.5 hours vacation will be added to the Displaced Vacation bank of every BCGEU employee (regular and benefited auxiliaries) in the public service who was employed on October 6, 2023, except employees of the BC Wildfire Service. This additional vacation time will be available until it is used and will not be subject to carryover provisions or archiving. For unbenefited auxiliaries, the 3.5 hours vacation will be paid out.   
• A one-time addition of 7 hours vacation will be added to the Displaced Vacation bank of every BCGEU employee (regular and benefited auxiliaries) who was employed in the BC Wildfire Service at any time in 2023. This additional vacation time will be available until it is used and will not be subject to carryover provisions or archiving. For unbenefited auxiliaries, the 7 hours vacation will be paid out.
• A one-time addition of 3.5 hours vacation will be added to the Displaced Vacation bank of each BCGEU employee (regular and benefited auxiliaries) in the public service who was employed on October 6, 2023, and was paid a retroactive sick leave top-up for the Employment Standards Act (ESA) 5 day leave from the period of March 31, 2022 to February 23, 2023. This additional vacation time will be available until it is used and will not be subject to carryover provisions or archiving. For unbenefited auxiliaries, the 3.5 hours vacation will be paid out.
• Our payroll provider will immediately initiate retroactive pay calculations for any former or inactive employees who have not received their retroactive payment.   

The additional vacation leave will be applied to employees’ leave balances as soon as possible, but no later than January 31, 2024.

Payments for the unbenefited auxiliaries will be made as soon as possible but no later than January 31, 2024.

All outstanding retroactive pay to all former or inactive employees will be paid as soon as possible but no later than January 31, 2024.

Wildfire employees will get 7 hours of leave in recognition of the disproportionate impacts the late payments had on them. 

Unbenefited auxiliaries are prevented by the time and leave system from making requests for vacation leave, so must be paid out the additional time. 

No. The employer will work with our payroll provider to have the payments made and the extra vacation time automatically added to employee’s vacation banks.

If an employee believes they have not received the extra vacation time or payment by January 31, 2024, they should advise their supervisor or manager who can follow up on their behalf.  

Permission to take this additional vacation time will not be unreasonably withheld.

Former or inactive employees who have not already received their retroactive payment will be paid via the direct deposit authorization on file, provided it has not been revoked by the employee.

If revoked or the deposit is returned for any reason, the employer will attempt to contact the employee at the last known address by sending a letter. The former or inactive employee will need to respond to the letter, following the instructions provided. 

If no response is received after 30 days, the employer will enlist the assistance of the union to locate up to date contact information. If found, a second letter will be sent within 7 days.

If no updated address is available or no response to the second letter is received within 30 days, the funds will be treated in accordance with the Unclaimed Property Act.