Federal Employees and Compliance with Ottawa’s Hybrid Work Policy

Overview of the Federal Hybrid Work Policy

In September 2023, the Canadian federal government introduced a new hybrid work policy requiring all employees under the Treasury Board to work on-site at least three days a week. This mandate, applicable to the majority of federal public servants, aims to strike a balance between the flexibility of remote work and the need for in-person collaboration and oversight. Executives are expected to spend four days a week in the office, while other staff must meet the three-day requirement. The policy was rolled out as part of a broader effort to transition back to more traditional work arrangements following the widespread adoption of remote work during the COVID-19 pandemic.

Compliance with the new rule has been inconsistent across different departments, with some agencies reporting higher success in meeting the requirement than others. The Canadian Press analyzed data from several federal departments, focusing on the three largest employers in the federal government: the Department of National Defence (DND), the Canada Revenue Agency (CRA), and Employment and Social Development Canada (ESDC). The findings reveal varying levels of adherence to the new policy, with factors such as workforce dynamics, geographic location, and employee circumstances influencing compliance rates.

Compliance Rates Across Federal Departments

The Department of National Defence, which employs approximately 28,700 people, reported the lowest compliance rates among the three largest departments. According to data released by DND, only 31% of its employees in the National Capital Region met the three-day on-site requirement in December 2023, compared to a national average of 61% that month. This number improved slightly in January 2024, with 60% compliance nationally and 31% in the National Capital Region. The department noted that compliance rates were higher outside Ottawa, where 69% of employees met the requirement in November 2023, compared to just 57% in the capital region during the same period. DND spokesperson Andrée-Anne Poulin explained that these figures do not account for all types of leave, such as vacation days, sick days, or training, which could affect an employee’s ability to meet the on-site requirement. Poulin also emphasized that about half of DND employees never transitioned to remote work during the pandemic and have continued to work on-site full-time.

In contrast, the Canada Revenue Agency (CRA), which employs 59,000 people, reported higher compliance rates. According to CRA spokesperson Benoit Sabourin, 80% of employees met the three-day on-site requirement in December 2023, up from 76% in November and 77% in October. Sabourin attributed this success to the agency’s gradual transition to increased on-site presence, with most employees now working under a hybrid schedule. The CRA’s compliance rates suggest that the agency has been more effective in implementing the new policy compared to DND.

Employment and Social Development Canada (ESDC), which has a workforce of just over 39,000, reported a compliance rate of approximately 75% since the policy took effect in September 2023. This relatively stable rate indicates that ESDC employees have generally adapted well to the hybrid work model, with minimal fluctuation in compliance over the past few months.

Challenges in Achieving Full Compliance

Despite the overall progress in implementing the hybrid work policy, challenges remain in achieving full compliance across all federal departments. One of the key factors influencing compliance rates is the nature of work performed by employees. For instance, the Canadian Food Inspection Agency (CFIA) noted that about 60% of its 6,800 employees are front-line staff who have been required to work on-site since the start of the pandemic. This has naturally resulted in higher compliance rates for these employees, as their roles necessitate in-person work. However, the remaining 40% of CFIA employees, who are not front-line staff, reported a compliance rate of 73% between October and January, excluding the holiday period in December.

Another challenge is the geographic location of employees. DND’s data highlighted significant disparities in compliance rates between employees in the National Capital Region and those working elsewhere. In November 2023, 57% of DND employees in Ottawa met the three-day requirement, compared to 69% outside the capital region. This discrepancy suggests that employees in Ottawa may face unique challenges in meeting the on-site requirement, such as longer commutes or a preference for remote work. Poulin noted that DND’s compliance monitoring is designed to provide leadership with general oversight of the workforce, while individual managers are responsible for tracking employee compliance and accounting for their location during working hours.

The hybrid work policy also presents challenges for employees with caregiving responsibilities, disabilities, or other circumstances that may require accommodations. The Treasury Board of Canada Secretariat has emphasized that managers must consider individual circumstances when assessing compliance, including human rights obligations such as the duty to accommodate. This approach ensures that employees are not unfairly penalized for non-compliance due to legitimate reasons, while also maintaining accountability within the workforce.

Smaller Departments and Agencies: A Mixed Picture

While the focus has largely been on the three largest federal departments, smaller departments and agencies have also reported varying levels of compliance with the hybrid work policy. Immigration, Refugees and Citizenship Canada (IRCC), which employs around 13,000 public servants, reported a compliance rate of 93% in January 2024, significantly higher than its September 2023 rate of 72%. This marked improvement suggests that IRCC has been successful in implementing the policy and encouraging employees to meet the on-site requirement.

In contrast, the Canadian Food Inspection Agency (CFIA), which employs about 6,800 public servants, reported a compliance rate of 73% among non-front-line staff between October and January, excluding the holiday period in December. As previously noted, 60% of CFIA employees are front-line workers who have been required to work on-site since the start of the pandemic, contributing to higher compliance rates within the agency.

The Treasury Board of Canada Secretariat has emphasized that managers play a critical role in monitoring employee compliance and addressing any issues that may arise. Managers are responsible for confirming expectations with employees and ensuring adherence to the hybrid work model. According to a Treasury Board document, penalties for violating the in-office work rule can include verbal or written reprimands, suspension without pay, or even termination of employment. However, the document also stresses that managers should consider individual circumstances, such as human rights obligations, before taking disciplinary action.

The Role of Managers and Potential Consequences

The success of the hybrid work policy largely depends on the ability of managers to effectively oversee their teams and address any challenges that arise. The Treasury Board of Canada Secretariat has made it clear that managers are responsible for monitoring employee compliance and ensuring that the expectations of the hybrid work model are met. This includes confirming work arrangements with employees, tracking their attendance, and addressing any issues related to non-compliance.

In addition to monitoring compliance, managers are also expected to consider individual circumstances that may affect an employee’s ability to meet the on-site requirement. This includes accommodations for employees with disabilities, caregiving responsibilities, or other legitimate reasons for requiring flexible work arrangements. The Treasury Board has emphasized that any disciplinary actions taken for non-compliance must be fair and reasonable, taking into account the specific context of each case.

Despite the potential for disciplinary measures, the Public Service Alliance of Canada (PSAC), which represents many federal public servants, has not reported any cases of employees being suspended or terminated for failing to meet the on-site requirement. The Treasury Board of Canada Secretariat has also indicated that it does not track data on such disciplinary actions, suggesting that they are rare or non-existent at this time.

Conclusion: The Future of Hybrid Work in the Federal Government

The implementation of the hybrid work policy across the federal government has highlighted both the opportunities and challenges of transitioning to a new work model. While some departments, such as the CRA and ESDC, have achieved relatively high compliance rates, others, like DND, have struggled to meet the three-day on-site requirement. The disparities in compliance rates across departments and regions underscore the need for a nuanced approach to managing the workforce, one that balances the needs of the organization with the needs and circumstances of individual employees.

As the federal government continues to navigate this transition, it will be important to monitor compliance rates and assess the impact of the hybrid work model on productivity, employee satisfaction, and workplace culture. The experience of smaller departments and agencies, such as IRCC and CFIA, demonstrates that success is possible with careful planning and effective management. However, the challenges faced by larger departments like DND highlight the complexity of implementing a one-size-fits-all policy across a diverse and geographically dispersed workforce.

Ultimately, the success of the hybrid work policy will depend on the ability of managers to adapt to the needs of their teams while ensuring accountability and consistency in the application of the rules. As the federal government continues to evolve in its approach to work, it will be crucial to maintain flexibility and responsiveness to the changing needs of both employees and the organization. The coming months will likely reveal whether the hybrid work model is a sustainable solution for the federal public service or if further adjustments are needed to achieve the desired balance between flexibility and in-person collaboration.