CUPE Health Care Workers' Council of Unions

ARTICLE 31 - TUBERCULOSIS COMPENSATION

31.01 Compensation Payable

People seeking employment will be categorized as follows:

a) Persons showing no signs of previous tuberculosis infection, as confirmed by negative tuberculin tests.

b) Persons showing no clinical evidence of disease, but with positive tuberculin and negative chest x-ray findings.

c) Persons showing evidence of inactive tuberculosis and who have never required treatment for the disease.

d) Persons showing evidence of arrested tuberculosis.

e) Persons showing clinical signs of active tuberculosis (These will not be employed).

Persons falling in categories a), b) and c) will be eligible for compensation if they meet the conditions of the clause following:

An Employee who contacts Tuberculosis while in the employ of the Health District shall be paid ninety (90%) percent of the salary the employee was receiving at the time they were declared unfit for duty. When an Employee is declared by a qualified Tuberculosis specialist to be fit for light or part-time work, they will remain on full compensation, unless light or part-time work can be assigned.

31.02 a) An Employee who requires testing away from home shall be compensated for all lost time and expenses including travel costs as per Article 35.03.

b) An Employee who has been requested by management to be absent from their place of work pending investigation of the clinical signs of tuberculosis shall receive full compensation in accordance with Article 31.01 during the period between the date that the employee is first absent and the date that a conclusive diagnosis is made. The amount payable under this section may be increased to one hundred (100%) percent of pay by charging the additional amount to the Employee's accumulated sick leave.

31.03 Compensation on Termination

An Employee whose services have been terminated for any cause and who within three (3) months of separation is diagnosed by a physician as having tuberculosis, shall be entitled to the above compensation and the salary rate shall be based on the salary he was receiving at the time his services were terminated.

The benefits of this provision may be extended for an additional three (3) months, provided that the former Employee concerned submits a x-ray plate taken within three (3) months after the termination of employment.

31.04 Duration of Compensation

Such compensation shall be paid until the Employee is declared fit for work by a physician on the staff of the Saskatchewan Anti-Tuberculosis League.

31.05 Compensation Not Payable

a) Those new Employees showing evidence of arrested tuberculosis (category d) will not be eligible for compensation.

b) Those new Employees showing evidence of inactive tuberculosis who have never required treatment for the disease (category c) will not be eligible for compensation, if active tuberculosis is discovered within the first twelve (12) months of their employment.

c) No compensation will be paid to any Employee who is found within the first three (3) months of employment to have tuberculosis, except persons showing no signs of previous tuberculosis infection as confirmed by negative tuberculin tests.

d) Compensation under this Article will not be paid to an Employee:

i) who on commencing employment or termination of employment, refuses to take a tuberculin test and/or x-ray;

ii) who has a negative tuberculin test and refuses to take a tuberculin test every three (3) years during the terms of his employment;

iii) who has a positive tuberculin test and refuses to take a chest x-ray every two (2) years during the terms of his employment;

iv) who refuses to conform to the treatment plan prescribed by a qualified Tuberculosis specialist or designated general practitioner; and

v) who fails to provide a written report or certificate from the Saskatchewan Anti-Tuberculosis League every three (3) months.

31.06 Sick Leave Credits

An Employee absent from duty due to the contacting of Tuberculosis under circumstances above, shall not have such absence charged against sick leave allowed under Article 30, except as provided under Article 31.02.

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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