Public Service Employment Act

Marginal note:Priority — persons on leave

• 41 (1) When an employee on leave of absence is replaced, pursuant to the appointment or deployment of another person for an indeterminate period to the employee’s position, priority for appointment shall be given over all other persons to

  • (a) the employee on leave of absence, for the duration of the leave of absence and a further period of one year; or

  • (b) if the employee on leave of absence returns to his or her position, the person who replaced that employee, for a period of one year after that employee returns to the position.

• Marginal note:Priority — minister’s staff

  (2) Priority for appointment over all other persons shall be given to a person employed in the office of a minister, or in the office of a person holding the recognized position of Leader of the Opposition in the Senate or Leader of the Opposition in the House of Commons, for a period of one year after the person ceases to be so employed, if

  • (a) the person was an employee immediately before becoming employed in that office; or

  • (b) while employed in that office the person was found by the Commission, in an advertised external appointment process, to have met the essential qualifications for an appointment to the public service.

• Marginal note:Priority — minister’s senior staff

  (3) Priority for appointment, to a position at a level at least equivalent to that of executive assistant to a deputy head, shall be given over all other persons to a person who for at least three years has been employed as the executive assistant, special assistant or private secretary in an office referred to in subsection (2) or in any of those capacities successively, for a period of one year after they cease to be employed.

• Marginal note:Priority — persons laid off

  (4) Priority for appointment over all other persons shall be given, during the period determined by the Commission, to a person who is laid off pursuant to subsection 64(1).

• Marginal note:Essential qualifications

  (5) The priority of a person referred to in any of subsections (1) to (4) applies with respect to any position if the Commission is satisfied that that person meets the essential qualifications referred to in paragraph 30(2)(a).

• Marginal note:Order of priorities

  (6) The order of appointment among persons described in subsections (1) to (4) shall follow the order of those subsections, and persons described in each of those subsections shall be appointed in the order determined by the Commission.