Outside employment refers to a staff member engaging in any employment or business in addition to their departmental employment. Outside employment can also include voluntary work. The department provides a wide range of compliance, enforcement and regulatory roles. Some volunteer work may pose a conflict of interest with the department which is a consideration when determining approval of outside employment.
This policy is issued under the authority of the Executive Director, People and Culture and is reviewed and updated by People and Culture. The contents of this document represent the current policy of the department and reflect its current practices and experience. This policy is subject to biennial review and will be altered and the alterations communicated to users as, and when, appropriate in order to ensure that it remains current.
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Home Careers Outside employment policy Outside employment policy. Employment outside of normal public sector duties requires departmental approval. Purpose This policy sets out the considerations and approval process for employees who wish to engage in outside employment while working for the department.
Scope Applies to all employees of the department. Statement of Policy Outside employment is not permitted where the work arises from, or is associated with, the employee's official duties unless it is in the interests of the department e. The department is to have first call on the services of the employee. Outside employment should be performed wholly in the private time of the employee concerned. You only need to disclose volunteer service if it is possible that your service may conflict with your official duties or you receive compensation.
If your volunteer service is with an organization or for an activity that has no relationship to, or overlap with, your official duties and you receive no compensation, you do not have to disclose this volunteer service.
When deciding what to report, consider the scope of your official duties and the specific volunteer activity you do. If you have a volunteer interest that is closely related to your official work duties, you should file a disclosure. Not necessarily. The Ethics Act recognizes that public officers have outside interests. Membership in an organization with interests or issues similar to those of your department itself does not constitute a conflict.
However, if you actively volunteer to work on issues for the organization related to your department's responsibilities, you must tailor your activities to ensure no conflict exists with your official duties. Otherwise your participation will likely be disapproved. Please keep in mind that the purpose of the disclosure is to identify potential conflicts, provide you the opportunity to design your volunteer efforts to eliminate conflicts, and create a record of compliance with the Ethics Act if questions are asked or complaints brought to the Department suggesting that you have a conflict.
You do not have to disclose rental property if someone else manages the day-to-day work of advertising the property for rent, screening perspective tenants, communicating with tenants and arranging or doing repairs. But if you provide these services instead of having someone else do them, you should submit the disclosure because you are engaging in outside services to benefit a financial interest and are compensated by the rents.
All employees who are currently involved in outside employment, services, or volunteer activities, as described above, must file a disclosure by July 1 each year. Employees with no outside employment, services, or reportable volunteer activities do not need to file a disclosure.
If you later take a second job or provide paid services, you submit a disclosure at that time. Yes, an annual disclosure is required whether or not there has been a change from the previous year's report. If your outside employment or volunteer service changes during the course of the year, you are required to file a notice of the change in a timely manner.
If the clause appears too restrictive, consider asking to have the noncompete clause revised. As an employer, if you have concerns that an employee's secondary job may interfere with the duties and responsibilities of your workplace, you may want to implement a moonlighting policy. A moonlighting policy doesn't only control outside employment but also prohibits employees from leaving your company to go work for a competitor.
When an employee engages in outside employment, it can burden your business in many ways, such as:. If you decide to implement a moonlighting policy to protect your business, it's recommended not to focus on regulating the off-duty conduct of your employees. Instead, focus on stressing that there should be no interference with your business. Specifically, emphasize the importance of an employee's performance and outline work hours.
An employee who wants to engage in pro bono work or volunteer services should consult his component's Pro Bono Coordinator. Each coordinator should have a list of organizations in the area that are looking for volunteers. In addition, the coordinator will have a list of activities that have been given general approval for employees in the component. Generally, an employee may not be compensated for speaking or writing that relates to his official duties.
A subject matter relates to an employee's official duties if it deals in significant part with a matter to which the employee is presently assigned or has been assigned in the last year; any ongoing or announced policy, program or operation of the Department; or in the case of a non-career employee, the general subject matter area primarily affected by the programs and operations of the Department.
Under 5 C. This means that an employee would only be prohibited from accepting compensation for speaking or writing on a subject matter related to the policies, programs or operations of his component, not the entire Department. There is an exception for teaching certain courses, even if the course relates to an employee's official duties, provided the course requires multiple presentations and: is offered as part of a regularly established curriculum of an institution of higher education; an elementary or secondary school; or a program sponsored and funded by the Federal Government or by a state or local government which is not offered by an entity described above.
An employee may accept compensation for teaching a course provided it meets these requirements. An employee in a non-career position above GS must have advance authorization before engaging in teaching for compensation. When engaging in teaching, speaking or writing in a private capacity, an employee may not use nonpublic information, nor should there be any use of his official title except as part of other biographical information or for an article in a scientific or professional journal where there is a disclaimer.
An employee may not use official time or that of another employee to prepare materials. Some components require advance review and clearance for certain written work and speeches. An employee may not receive compensation for the representation of anyone before an agency or court of the Federal Government on a matter in which the United States is a party or has a substantial interest. This prohibition applies whether the employee renders the representation himself or shares in compensation from someone else's representation.
An employee also may not represent anyone before an agency or court of the Federal Government, with or without compensation, on a matter in which the United States is a party or has a substantial interest.
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