Public Service Commission Policies

1.2.4 Flexible Work Arrangements

Please see additional resources available at http://www.intranet.mbgov.ca/csc/flexible_work/index.html (internal access only)


Purpose                

The Manitoba government is committed to providing high quality public services supported by an engaged and effective workforce. Flexible work arrangements allows our public service to enhance operational efficiency and effectiveness, support work-life balance, and adapt to evolving service and workforce needs, while continuing to provide a high level of service to Manitobans.

This workforce policy enables management to consider flexible work requests from employees, provided they are consistent with the policy objectives and principles, and will not impact on service or program delivery. Employees may request approval to perform their work remotely (from home or an alternate location) and/or adjust their working hours to help balance work with personal responsibilities.


Objectives

Flexible work arrangements must be voluntary on the part of the employee, agreed to by the supervisor and adhere to applicable collective agreement provisions (see "Related Policies"), as well as:

  • Enable employees to meet established performance expectations as well as balance their preferences for flexibility with their work responsibilities.
  • Support innovation and progressive ways of delivering services, while maintaining or improving quality, and levels of service and/or productivity.
  • Promote a public service culture that values flexibility in where and how work is performed while maintaining a safe, healthy and respectful work environment.
  • In the case of remote work, reduce transportation costs and contribute to reductions in emissions, traffic congestion and air pollution, in support of Low Carbon Government goals under The Climate and Green Plan Act.


Principles

Flexible work arrangements must be consistent with and adhere to the following principles. In particular, arrangements put in place should:

  • Make prudent use of public resources and ensure that services continue to be provided fairly, reliably and competently.
  • Ensure that service levels to clients are not negatively impacted.
  • Ensure that sensitive information is handled appropriately, discreetly and that measures are in place to protect confidentiality and information security as required by legislation.
  • Support continued teamwork, collaboration, and professional learning and development.
  • Be flexible and adaptable to changes in the priorities and needs of the department, government, stakeholders and the public.
  • Be continually evaluated to ensure they are meeting operational requirements effectively.


Application

This policy applies to all members of the core public service of the Manitoba government, as defined in The Public Service Act.


Responsibilities

For additional information on employee and management responsibilities, please refer to the related resources and tools.

Employees

  • Submit request for a flexible work arrangement to the supervisor in writing, including as much detail as possible to confirm changes to start/end times (if applicable), locations where work will be performed (if applicable), and plans for mitigating any challenges that are anticipated.
  • Cooperate with management by providing any additional information needed to support the request.
  • In cooperation with the supervisor, and in the case of a remote work arrangement, discuss, review and complete the Remote Work Agreement Template and all parts of the Remote Workplace Safety Checklist, and take reasonable steps to address the items on this checklist.
  • Should the arrangement be approved and implemented, provide periodic updates (at least monthly) during the trial period to the supervisor on the effectiveness of the arrangement, and proactively discuss any challenges.
  • Advise the supervisor if any changes to the arrangement are needed, and provide notice if the arrangement is to be ended, in accordance to any applicable collective agreement provisions.
  • Maintain basic elements of the remote workplace, such as adequate homeowner or tenant insurance, Wi-Fi data plan, heat, electricity and maintenance, and taking responsibility for any costs for home renovations to establish a remote workplace.
  • Ensure that all electronic and hard copy files are maintained in accordance with department record retention and disposal schedules as well as with information security and confidentiality requirements in the applicable legislation.
  • Report to the official work location (headquarters) when requested for meetings, training and/or at supervisor's discretion with reasonable notice.

Supervisors

  • Assess employee requests for flexible work arrangements, ensuring that any approved arrangement is operationally feasible, maintains or improves service and productivity, and does not generate unreasonable cost to government. It is expected that some costs (i.e. VPN) may be incurred, however other costs may not be deemed reasonable (i.e. printers).
  • Ensure performance expectations, accountability measures and parameters for the flexible work arrangement are clearly defined.
  • Respond to the employee's request in writing. In the case of remote work arrangements, formalize the arrangement using the Remote Work Agreement template and Remote Work Safety Checklist.
  • Where a flexible work arrangement cannot be operationally supported as requested, consider and suggest potential alternatives (ex. a partial remote work schedule instead of full-time). Where a request is being denied, provide rationale for denying the request in writing.
  • Ensure the employee has the necessary equipment and supplies to perform their work remotely, including confirming that the employee has a safe and appropriate space to work remotely and suitable working alone provisions are in place as necessary. Review the completed Remote Workplace Safety Checklist.
  • Ensure each agreement is reviewed with human resources and seek additional guidance as required.
  • Once implemented, check in with the employee to assess the suitability and effectiveness of the arrangement, confirming in writing if changes are made to the terms of the arrangement, and providing notice in accordance to any applicable collective agreement provisions, if ending the arrangement. It is recommended that these check-ins occur on a monthly basis during the trial period, and that the arrangement is reviewed at least annually after that.
  • Proactively address any performance issues or concerns that may be related to the flexible work arrangement.
  • Ensure that all other relevant policies and guidelines are followed.

Deputy Ministers

  • Support supervisors in granting flexible work arrangement requests where possible.

Human resource practitioners

  • Advise supervisors and employees on the application and interpretation of this policy.
  • Provide support to supervisors in considering employees' requests for flexible work arrangements as needed.
  • Review and authorize individual agreements, and where the provisions vary from the terms contained in the collective agreement, seek approval from Workforce Relations.

Employee & Workforce Relations officers

  • Review and authorize individual agreements that fall outside the provision of the collective agreement.

Union (in the case of bargaining unit positions - unionized employees)

  • Participate and review flexible work agreements where the provisions vary from the terms contained in the collective agreement, and confirm in writing if an employee can enter into the flexible work arrangement.


Definitions

Flexible Work Arrangement: An agreement between management and an employee to adjust the employee's hours and/or location of work, on a re-occurring or on-going basis.

Remote Work: A flexible work arrangement whereby an employee has approval to carry out some or all of their work duties from an alternate location, on a re-occurring or on-going basis. A remote work arrangement may be full-time or partial, split between the headquarters and alternate location.


Compliance/Non-compliance

Flexible work arrangements must not alter the employee's terms and conditions of employment, including the overall number of hours worked by the employee or the nature of the employee's work responsibilities. There are limits to the flexibility that can be agreed to, and any change to work locations or hours of work must adhere to applicable collective agreement provisions (see "Related Policies and Legislation"). They are not transferable and must be reviewed if the employee assumes another position.

Flexible work arrangements may be terminated by either employer or employee provided written notice in accordance to any applicable collective agreement provision is given. Management, with cause, may terminate the agreement with immediate effect and is not required to provide a notice period.

Management will discontinue flexible work arrangements where they are assessed as being ineffective or otherwise not supporting the principles and objectives outlined in this policy or the provisions of the Remote Work Agreement. Flexible work arrangements may also be discontinued to address employee violations of other Manitoba government policies and procedures, or to address performance concerns.


Related Policies & Legislation

All relevant workplace and conduct policies, guides and legislation will continue to apply. 
Manitoba Government Code of Conduct
Conflict of Interest Policy
Oath or Affirmation of Office Regulation
Employee Network Usage Policy


Resources and Tools

Remote Work Agreement Template
Remote Workplace Safety Checklist
Additional Flexible Work Arrangement resources, tools and supplementary information
Government Employees' Master Agreement Section 22 - Work At Home (p. 14)
Government Employees' Master Agreement Flexible Hours Guidelines (p. 85)


Authority

This policy should be read in the context of the following and any other applicable legislation:

The Public Service Act (established in accordance with subsection 11(1))

The Workplace Safety and Health Act and Regulation

Applicable Collective Agreements

  • Manitoba Government Employees' Master Agreement (GEMA)
  • Direct Support Providers and Child Development Workers (Rural)
  • The Legal Aid Lawyers' Association (LALA)
  • The Manitoba Association of Crown Attorneys (MACA)
  • Doctors Manitoba
  • Manitoba Association of Government Engineers (MAGE)
  • CUPE2153 and Department of Families – Support Workers
  • Manitoba Housing (IUOE)
  • Manitoba Housing (MGEU)


Policy Review and Revision Schedule

A review will be conducted on the administration and operation of this policy, including any related procedural documents and forms, in accordance with a policy review schedule established by the Public Service Commission.


Policy Inquiries

For further information or questions about this policy, please contact:

Policy, Programs and Learning Branch
Public Service Commission
PPL@gov.mb.ca
204-945-2332

 

 

Version Effective Date: February 26, 2022                                                                                
Original Policy Issued: June 28, 2021

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