Civilian Collective Agreement – Article 12 Short Term Sickness Plan

12.01

(a) An employee who is unable to attend to duties due to sickness or injury is entitled to leave-of-absence with pay as follows:

(i) with regular salary for the first six (6) working days of absence in each calendar year

(ii) with seventy-five percent (75%) of regular salary for an additional one hundred and twenty-four (124) working days of absence in each calendar year.

(b) An employee on a Compressed Work Week arrangement shall be entitled to full pay for:

(i) the first forty-three and one-half (43 ½) or forty-eight (48) hours (as applicable) of absence due to sickness or injury and

(ii) seventy-five percent (75%) for the next 899 or 992 hours (as applicable). The employee may exercise their option under Article 12.08 by deducting one-quarter (1/4) of an accumulated credit for each seven and one quarter (7¼) or eight (8) hours (as applicable) of absence.

12.02

An employee is not entitled to leave-of-absence with pay under Section 12.01 of this Article until after completion of twenty (20) consecutive working days of employment.

12.03

An employee who is on leave-of-absence with pay under this Article that commences in one (1) calendar year and continues into the next calendar year is not entitled to leave-of-absence with pay under Section 12.01 of this Article for more than one hundred and thirty (130) working days in the two (2) calendar years until the employee has completed twenty (20) consecutive working days of employment in the second calendar year.

12.04

An employee who has used leave-of-absence with pay for one hundred and thirty (130) working days in a calendar year must subsequently complete twenty (20) consecutive working days of employment before the employee is entitled to further leave under Section 12.01 of this Article in the next calendar year.

12.05

An employee returning to work from a leave-of-absence under a long term disability plan must complete twenty (20) consecutive working days of employment to qualify for benefits under the Short-Term Sickness Plan.

12.06

For the purposes of this Article, twenty (20) consecutive working days of employment shall not include vacation, leave-of-absence, or any leave-of-absence without pay, but days worked before and after such leave shall be considered consecutive.

For the purposes of this Article, where an employee, due to an accommodation measure or a return to work plan, works on a temporarily modified schedule, twenty (20) consecutive working days shall mean twenty (20) consecutive scheduled days of work for that employee.

Notwithstanding the above, where an employee is unable to work due to sickness or injury, the days worked before and after such absence shall not be considered consecutive.

12.07

The pay of an employee under this Article is subject to deductions for insurance coverage and pension contributions and other deductions that would normally be made, as though the employee was receiving regular salary.

12.08

An employee who is on leave-of-absence with pay under Section 12.01(a)(ii) or 12.01(b)(ii) of this Article may, at the employee’s option, have one quarter (1/4) of a day deducted from accumulated credits (attendance, vacation, or CTB) for each day of leave to which Section 12.01(a)(ii) or 12.01(b)(ii) applies and receive regular salary for each such day.

12.09

An employee who is absent from employment due to sickness or injury beyond the total number of days leave-of-absence with pay provided for in Section 12.01 of this Article shall have their accumulated attendance credits reduced by a number of days equal to the number of days of such absence and is entitled to leave-of absence with pay for each such day.

12.10

Article 12.09 does not apply to an employee who qualifies for and elects to receive benefits under a long term disability plan provided by the Employer.

12.11

(a) If an employee is absent for five (5) consecutive working days due to sickness, no leave with pay shall be allowed unless a certificate of a legally qualified medical practitioner (i.e., physician, dentist who is a member of the Royal College of Dental Surgeons, or nurse practitioner, practicing within the scope of their respective practice) is forwarded to the Commissioner, the Commissioner’s designee or the Assistant Deputy Minister (as applicable), certifying that the employee is unable to attend to official duties.

(b) Notwithstanding (a) above, the Employer may accept a certificate of a psychologist (i.e. a member of the College of Psychologists of Ontario who holds a certificate of registration for a psychologist authorizing autonomous practice, or an individual who has a similar status in another province or territory of Canada).

(c) Notwithstanding the provisions of Section 12.11(a), the Commissioner or the Assistant Deputy Minister (as applicable) may require an employee to submit the certificate required by Section 12.11(a) for a period of absence of less than five (5) working days. The cost of the certificate requested shall be borne by the Employer.

(d) Where, for reasons of health, an employee is frequently absent or unable to perform their duties, the Commissioner or the Assistant Deputy Minister (as applicable) may, at the expense of the Employer, require them to submit to a medical examination and to release the resulting medical report to the Employer.

12.12

While on sick leave or Workplace Safety and Insurance leave, it is the employee’s responsibility to report to the supervisor, at the earliest opportunity, any change in the employee’s medical situation that would permit the employee to return to full duties or to return to work in a limited capacity and/or estimate their return to work date.

12.13

An employee shall retain any attendance credits earned and unused prior to April 1, 1978, for use as specified under Article 12.08, or where the employee is eligible, under Article 31 (Termination Payment) upon termination.

12.14

The Employer will notify the Association when a member has been off for three (3) consecutive months due to illness/injury.

12.15

If an employee becomes mentally or physically disabled and as a result is incapable of performing the essential duties of the position, the Employer shall accommodate the employee’s needs in accordance with the Ontario Human Rights Code.

12.16

The Association and Employer recognize that workplace accommodation and return to work must be dealt with through a joint and cooperative process. Accommodation and return to work planning will be conducted in a manner that promotes the safe, timely and effective return to work of employees and respects employees’ dignity. The goal is to achieve successful return of employees to safe and productive work.

12.17

Where a supervisor or other Employer representative intends to meet with an employee for matters related to the development, implementation and administration of an accommodation or return to work plan, the employee shall have the right to be accompanied by and represented by an Association representative. The Employer shall notify the employee of this right.