12.01 Definition Of Sick Leave
Sick leave means the period of time an Employee is absent from work because of disability due to illness or injury not covered by Workers’ Compensation.
12.02 Reporting Of Absence
An Employee who will be absent from duty as a result of sickness or disability shall notify her immediate supervisor or designate as soon as possible prior to the commencement of her scheduled shift. By failing to do so, except in extenuating circumstances, the Employee shall be considered absent without leave and the Employer may make a deduction in pay for the time which expires between the time the Employee should have reported for work and the time at which the Employee reported their sickness or disability.
12.03 Certification Of Illness/Disability
The Employer reserves the right to request a medical certificate in respect of absence due to illness or disability. This certificate shall be requested prior to or during such illness or disability.
12.04 Accumulation Of Sick Leave Credits
Full-time Employees shall accumulate sick leave credits at the rate of one and one half (1 ½) days per month worked up 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 currently have in excess of one hundred and ninety (190) days in their sick leave bank will be permitted to maintain their balance, but not accrue credits. If their sick leave bank drops below one hundred and ninety (190) days in the future, the Employee will be eligible to accrue credits again up to the established maximum of one hundred and ninety (190) days.
All new Employees to the bargaining unit will be given an advance of five (5) days [forty (40) hours] of sick leave credits.
12.05 Deductions From Sick Leave Credits
(a) For full-time Employees, a deduction shall be made from accumulated sick leave credits for all normal working hours (exclusive of Public Holidays) absent for sick leave.
(b) Part-time Employees shall have access to accrued sick leave credits during the posted and confirmed period for shifts scheduled prior to becoming ill. Outside the posted and confirmed period, access to accrued sick leave credits will be based on their letter of appointment or the average number of paid hours in the fifty two (52) weeks preceding the illness, whichever is greater.
(c) Casual Employees shall have access to accrued sick leave credits during the posted and confirmed period for shifts scheduled, prior to becoming ill. Outside the posted and confirmed period, a casual Employee who remains unable to work due to illness shall have access to sick leave credits based on the average number of paid hours in the fifty two (52) weeks preceding the illness, or since date of hire, whichever is less, provided the Employee has worked a minimum of 780 hours during that period.
(d) Casual EMS Employees shall have access to accrued sick leave credits during the posted and confirmed period for shifts scheduled. In addition, a casual EMS Employee who remains unable to work due to illness shall have access to accrued sick leave credits based on the average number of paid hours in the fifty two (52) weeks preceding the illness, or since date of hire, whichever is less.
12.06 Pay-Out Of Unused Sick Leave Credits
Employees who have entitlements to payout of unexpended sick leave credits under the terms of previous collective bargaining agreements will retain that entitlement. The details of this provision are outlined in Letter of Understanding #3.
12.07 Sick Leave And Pregnancy
Employees shall have access to sick leave credits for illness which may arise during pregnancy while the Employee continues active duty with the Employer. In addition, sick leave for valid health related reasons related to the pregnancy and substantiated by a medical certificate shall be granted for the actual period of illness during the maternity leave.
12.08 Sick Leave Committee
The Union agrees to appoint representation on a review committee that may be established by the Employer to address sick leave.
The Employer recognizes that alcohol and drug dependencies are illnesses. In the event a performance issue arises and an Employee identifies to her Employer that she is suffering from an alcohol and/or drug dependency, such Employee shall be afforded the opportunity to seek treatment. The Employee shall have access to sick leave, and where requested, shall provide confirmation of participation in an appropriate treatment plan.
12.10 Graduated Return to Work
When an Employee is able to return to the workplace on any type of graduated return to work program, the Employer, the union representative and the Employee shall, prior to the Employee returning to work, meet to identify the details surrounding the Employee’s return to work.
12.11 Duty to Accomodate
The Employer and the Union acknowledge their duty to accommodate Employees with disabilities. Where an Employee notifies the Employer she is able to return to work, verified by an Employee’s physician’s certificate, the Employer and the Employee shall meet to identify the accommodations required including re-training for that Employee, prior to the Employee returning to work. The Union representative shall be present during discussions.
12.12 Automobile Accident Insurance Act Benefit Coverage
Sick leave credits will not be paid where an Employee is in receipt of income replacement benefits under The Automobile Accident Insurance Act, except that any difference between such benefits and the Employee’s regular net pay shall be paid to the Employee from the Employee’s accumulated sick leave credits, provided that credits are available for use, for a period not to exceed one (1) year from the date of the accident.
For the purposes of maintaining and accessing Employee benefits, in accordance with the terms of the Plans, the Employer shall forward the appropriate application forms and shall ensure that such completed forms are submitted to 3sHealth.