CUPE Health Care Workers' Council of Unions

ARTICLE 30 - SICK LEAVE

30.01 Definition of Sick Leave

a) Sick leave means the period of time an Employee is absent from work by virtue of being sick or disabled due to physical, mental or emotional illness.

b) An Employee shall not be entitled to use sick leave credits because of an illness or disability covered and paid by the Workers' Compensation Board or for which Income Replacement benefits are paid under the Automobile Accident Insurance Act.

30.02 Accumulation of Sick Leave Credits

Employees shall accumulate one and one-quarter (1 ¼) days per month to a maximum of one hundred and ninety (190) days.

Other than full time Employees shall earn sick leave credits on a pro rata basis.

Employees who have in excess of one hundred and ninety (190) days in their current sick bank will maintain those days, however, at any time they fall below one hundred and ninety (190) days the new maximum will be one hundred and ninety (190) days.

30.03 Deductions from Sick Leave Credits

a) A deduction shall be made from accumulated sick leave credits for all normal working hours absent for sick leave.

b) Relief Employees access to Sick Leave Credits & Bridge Benefit of the Disability Income Plan.

1. Illness or Disability Not Known in Advance

(a) During the Posted and Confirmed Period

For the first fourteen (14) calendar days calculated from the date of illness or disability, a relief Employee shall be eligible to access her/his accumulated sick leave credits, in accordance with Article 30 - Sick Leave, for all scheduled working hours as of the date of illness or disability. If the relief Employee's sick leave credits expire during this fourteen (14) calendar day period the relief Employee shall be eligible to access the Bridge Benefit of the Disability Income Plan in accordance with the terms of the Plan.

(b) Following the Posted and Confirmed Period

After fourteen (14) calendar days calculated from the date of illness or disability, the relief Employee shall be eligible to access the Bridge Benefit of the Disability Income Plan in accordance with the terms of the Plan. No further deductions shall be made from that Employee's accumulated sick leave credits for same.

2. Illness or Disability Known in Advance

Where a relief Employee knows in advance that she/he will be ill or disabled (e.g. scheduled surgery), the Employee shall immediately advise the Employer. It is acknowledged that the relief Employee will not be available for relief work during the period of incapacity and the Employer will not assign/offer the Employee any relief shifts for that period.

(a) Sick Leave to Occur within Posted and Confirmed Period

Where the Employee is advised that the pending sick leave is to occur within the posted and confirmed period (i.e. within fourteen (14) calendar days from date of becoming aware of the pending sick leave) the relief Employee shall be:

i) eligible for and offered relief work, in accordance with Article 26.04 - Assignment of Relief Work, from date of becoming aware of the pending sick leave to the day before the date of illness or disability;

ii) eligible to access her/his accumulated sick leave credits, in accordance with Article 30 - Sick Leave, for all scheduled working hours as of the date of illness or disability, up to and including the fourteenth (14th) calendar day from the date of becoming aware of pending sick leave. If the relief Employee's sick leave credits expire during this period, the relief Employee shall be eligible to access the Bridge Benefit of the Disability Income Plan in accordance with the terms of the Plan;

iii) eligible to access the Bridge Benefit of the Disability Income Plan in accordance with the terms of the Plan as of the fifteenth (15th) calendar day from the date of becoming aware of the pending sick leave. No further deductions shall be made from that Employee's accumulated sick leave credits for same.

(b) Sick Leave to Occur Outside of the Posted and Confirmed Period

Where the Employee is advised that the pending sick leave is to occur outside the posted and confirmed period (i.e. more than fourteen (14) calendar days from the date of becoming aware of the pending sick leave) the relief Employee shall be:

i) eligible for and assigned/offered relief work in accordance with Article 26.04 - Assignment of Relief Work from date of becoming aware of the pending sick leave to the day before the date of illness or disability;

ii) eligible to access the Bridge Benefits of the Disability Income Plan as of the date of illness or disability, in accordance with the terms of the Plan. No deductions shall be made from that Employee's accumulated sick leave credits for same.

For the purpose of the above, the terms of the Disability Income Plan shall permit relief Employees access to the Bridge Benefit even though that Employee may still have an accumulation of sick leave credits.

30.04 Notification of Illness

a) Employees who may be absent from duty due to illness or injury, shall notify the immediate supervisor or designate as soon as possible, prior to the commencement of the scheduled shift.

b) The Employee shall inform the supervisor of the anticipated date of return to work and any limitations or restrictions.

30.05 Proof of Illness

An Employee may be required to produce a certificate from a medical practitioner for any illness certifying that he/she was unable to carry out their duties due to illness. Such certificate shall be requested during the illness.

30.06 Recognition of Social Illness

The Employer and the Local of the Union recognize that mental illness and chemical addictions are health problems. Where necessary, sick leave benefits will be granted for treatment on the same basis as now applied for other health problems. Employees whose partner or a dependant family member is undertaking a rehabilitative program for alcoholism or chemical addiction may apply for vacation time or leave without pay to participate with her partner in such rehabilitative program.

It is recognized by both the Employer and the Local of the Union that it is the personal responsibility of the individual to accept treatment. The acknowledgment of the above is not to be interpreted as constituting a waiver of management's responsibility to maintain discipline or the right to take disciplinary measures within the framework of this Collective Agreement.

30.07 Accommodation of Employees

The Employer and the Local of the Union will meet in an attempt to designate specific positions that may be filled on a permanent or temporary basis by Employees who are no longer able to perform the duties of their position. Whenever, by reason of disability, an Employee is incapable of performing the work in which the Employee is engaged, the Employee may agree to be transferred to said positions for which the Employee is better suited. In such circumstances, the Employer and the Local of the Union may agree to waive certain provisions in this Agreement.

30.08 Return to Work

Where the illness or disability prevents the full return of the Employee to the working environment, the Employer, Local of the Union and Employee shall meet to discuss referral of claim to Worker's Compensation Board or Disability Income Plan.

a) Employees returning to work within the two years will be reinstated to the position the Employee held prior to the commencement of the absence, except in cases of layoff unless the Employee is not capable of performing the duties of the position.

In the event the Employee is not capable of performing the duties of the position held prior to the commencement of the absence, the Employer and the Union will meet to discuss accommodation of the Employee into another position.

b) Employees who have been absent from work for a period of two years will have the circumstances of their absence reviewed at the end of the two (2) year period. Such review shall include both a medical review and a review by the Employer and the Union.

i) if at the time of the review it is determined the Employee will be capable of returning to his/her position in the near future, the Employee will be granted a further leave of absence, the Employee's position will continue to be filled on a temporary basis and the Employee will be returned to their former position upon return to work;

ii) if at the time of the review it is determined the Employee will not be capable of returning to their position in the near future, the Employee's position will be posted and filled permanently.

The Employee's name will be placed on a disability re-employment list and the Employee may apply for vacancies when the Employee is fit to return to work.

Employees whose names are placed on the disability re-employment list shall not earn vacation credits, designated holiday pay, sick leave credits for the entire period.

30.09 Graduated Return to Work

The Local of the Union, the Employee and the Employer will meet to discuss the circumstances where the Employees are able to return to work on a graduated return to work program. Such discussions shall include possible modification in the workplace or work process to reduce or eliminate the length of the Employee's absence from their own position. The Employee shall have Local of the Union representation during this discussion. Should the modification be possible, the Employee shall be expected to return or continue working.

30.10 Employees who Contribute to Public Service Superannuation Plan

For Employees who contribute to the Public Service Superannuation Plan the Employer agrees to honor Section 112(b) of the 1967 Public Service Act:

"An Employee whose sick leave benefits are exhausted may draw on his/her future credits to a maximum of thirty days, providing that he/she has enough equity in superannuation of E.S.A. contributions to cover any overdrawn amounts in the event that he/she separates, dies or retires from the service".

Back to Collective Agreement

CUPE Health Care Workers' Council of Unions
3725E Eastgate Drive
Regina, Sask
S4X 1A5

Phone: 1-306-546-2185
Fax: 306-781-8177
Email: Gordon Campbell, President