Public Service Commission Policies

To provide the terms and conditions related to resignations by non-represented core public service employees.

Policy Statement

Non-represented employees will rely on the provisions of The Employment Standards Code, which states, in general, that employees wishing to resign will give two weeks' notice; or one weeks' notice in cases where the employee has been employed for less than one year.
The effective date of a resignation shall be the last day upon which an employee is present at work and performs their regular duties.
An employee may, with the approval of the employing authority, withdraw a notice of resignation at any time before the resignation becomes effective.

Where the last day on which an employee who has submitted a notice of resignation performs his or her regular duties precedes a Friday that, but for the fact that a holiday falls on that day would be a regular working day, the employee shall be deemed to have voluntarily terminated his or her service on that Friday and shall be eligible for holiday pay for that Friday.
Where the employment of an employee terminates at the end of a specific term of employment, or on the completion of a job for which the employee was specifically employed, no notice of resignation is required.

An employee who resigns for the purpose of caring for a dependent child or children must indicate this reason in the letter of resignation. This will facilitate any requests for bridging of service should the person be re-employed.

An employee who is retiring within the meaning of The Civil Service Superannuation Act may, with the approval of the employing authority, take accrued vacation leave or banked time as a paid leave immediately before the date of retirement. In this circumstance, the effective date of resignation is the last day of that paid leave.

Application

This policy applies to non-represented core public service employees of the Manitoba government, and to non-represented employees for the offices of the Legislature (Section 58(2) The Public Service Act).

Responsibilities

Employees

• The employee provides the employing authority (typically the employee's immediate supervisor) a written notice of resignation, including the last day which the employee will perform their regular duties, with a period of notice:

• as required by The Employment Standards Code; or
• by agreement between the employee and the employing authority.
• An employee must return, on or before the effective date of resignation, all equipment, property and materials belonging to the employing authority which can include:
• computers, cellular phones and other technology;
• uniforms and other equipment provided by the employing authority;
• keys, passes and identification badges or cards,
• intellectual property, materials and documents which were produced through the course of employment; and
• any item or materials supplied by the employing authority through the course of employment.

Employing Authority

• Upon receipt and acceptance of an employee's resignation, the employing authority shall note the date of receipt and provide a copy of the written notice of resignation to Pay and Benefits.
• It is recommended that the employing authority contact Human Resources where issues in the workplace may have precipitated the resignation.

Pay and Benefits

• Pay and Benefits will process the resignation in accordance with its Termination Checklist.
• Pay and Benefits generates the final pay advice and record of employment (electronically sent to Service Canada) which is provided to the employee.

Definitions

Core Public Service: as defined in The Public Service Act, consists of the Clerk of the Executive Council, the other deputy ministers and the employees in positions within the departments of government.

Department: means a department as defined in The Executive Government Organization Act.

Deputy Minister: means the deputy minister of a department appointed under subsection 33(2) of The Public Service Act.

Employee: means an individual employed in the public service and, unless otherwise indicated, includes a manager or executive.

Non-Represented Employee: means a person who is either not represented by a bargaining agent as defined in The Workforce Relations Act, or whose position has been specifically excluded from representation by a bargaining agent.

Resignation: is the voluntary termination of service by an employee subject to the provisions prescribed in this policy.


Supervisor: means an employee, including managers or executives, responsible for supervising one or more employees.


Resources and Tools



Authority


This policy should be read in the context of the following and any other applicable legislation:
The Public Service Act
The Employment Standards Code 62(1), 62.1(1), 62.1(2), 76 and 77


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:
Coordination and Innovation Branch
Public Service Commission
PSC_HRO@gov.mb.ca
204-945-2332

Version Effective Date: November 30, 2022
Original Policy Issued: February 26, 2022