Civilian Collective Agreement – Article RPT13 Short-Term Sickness Plan

RPT13.1.1

An employee who is unable to attend to their duties due to sickness or injury is entitled in each calendar year to leave-of-absence with pay as follows:

(a) with regular salary for the portion of six (6) working days that the ratio of the employee’s weekly hours of work bear to full-time employment.

(b) with seventy-five percent (75%) of regular salary for an additional period of that portion of one hundred and twenty-four (124) working days that the ratio of the employee’s weekly hours of work bear to full-time employment.

RPT13.1.2

An employee is not entitled to leave-of-absence with pay under Article RPT13.1.1 of this Article until they have completed all of their regularly scheduled hours of work within a period of four (4) consecutive weeks.

RPT13.1.3

An employee who on a sick leave of absence which commences on a regularly scheduled working day in one (1) calendar year and continues to include a regularly scheduled working day in the following calendar year, is not entitled to leave of absence with pay under Article RPT13.1.1 for more than the number of days provided in Article RPT13.1.1 in the two (2) years until they have returned to work and again completed the service requirement described in Article RPT13.1.2.

RPT13.1.4

An employee who has used leave-of-absence with pay for the total number of days provided in Article RPT13.1.1 in a calendar year must complete the service requirement described in Article RPT13.1.2 before the employee is entitled to further leave under Article RPT13.1.1 in the next calendar year.

RPT13.1.5

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, regularly scheduled hours of work shall refer to the modified schedule for that employee.

RPT13.1.6

Employees returning from a leave-of-absence under a long term disability plan to resume employment must complete the service requirement described in Article RPT13.1.2 to qualify for benefits under the Short-Term Sickness Plan.

RPT13.1.7

For the purposes of this Article, the service requirement described in Article RPT13.1.2 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. Notwithstanding the above, where an employee is unable to attend to their duties due to sickness or injury, the days worked before and after such absence shall not be considered consecutive.

RPT13.1.8

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.

RPT13.2.1

An employee who is on leave-of absence with pay under Article RPT13.1.1(b) 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 Article RPT13.1.1(b) applies and receive regular salary for each such day.

RPT13.2.2

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 Article RPT13.2.1 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.

RPT13.2.3

Article RPT13.2.2 does not apply to an employee who qualifies for and elects to receive benefits under a long term disability plan provided by the Employer.

RPT13.3.1

(a) If an employee is absent for more than a calendar week 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 their respective scope of practice) is forwarded to the Commissioner or 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 Article RPT13.3.1(a), the Commissioner or the Assistant Deputy Minister (as applicable) may require an employee to submit the certificate required by Article RPT13.3.1(a) for a period of absence of less than a calendar week. 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.

RPT13.3.2

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.