Bethany Care Society Collective Agreement 2020-2024

Article 25: Sick Leave

1.  
   1. Sick Leave is provided by the Employer as a form of insurance, for the purpose of maintaining regular earnings, during absences due to illness or accidents for which compensation is not payable under the Workers' Compensation Act or for quarantine by the Medical Officer of Health;
   2. The Employer recognizes that alcoholism, drug addiction and mental illness, are illnesses that can respond to therapy and treatment, and that absences from work due to such therapy shall be considered Sick Leave.
2. An Employee shall be allowed a credit for sick leave from the date of employment at the rate of one and one-half (1 ½) working days for each full month of employment up to a maximum credit of one hundred and twenty (120) working days (nine hundred and thirty hours (930)).
3. Sick leave shall not accrue during the period of such absence in excess of thirty (30) days in the case of:
   1. illness;
   2. injury;
   3. leave of absence;
   4. unpaid leave while in receipt of weekly indemnity as provided for by the Short Term Disability Insurance Plan or the Long Term Disability Insurance Plan;
   5. periods while in receipt of compensation from the Workers' Compensation Board;
4.  
   1. Employees reporting sick shall advise the Employer as soon as possible and regularly thereafter as required by the Employer;
   2. In the absence of reasons acceptable to the Employer, failure to give the proper notice may result in loss of Sick Leave benefits for that day of absence.
5. Subject to the above Clauses of this Article, an Employee granted Sick Leave shall be paid, at their basic rate of pay for regularly scheduled shifts absent due to illness, and the number of hours thus paid shall be deducted from their accumulated Sick Leave credits up to the total amount of their accumulated credits at the time the sick leave commenced.
6. Employees may be required to submit satisfactory proof to the Employer of any illness, non-occupational accident, or quarantine.  Such disclosure will not be required to be in the form of confidential medical information. Payment of Sick Leave benefit shall not be effected until required substantiation has been supplied.  
7. When an Employee has accrued the maximum sick leave credit of one hundred and twenty (120) working days (nine hundred and thirty (930) hours) they shall no longer accrue Sick Leave credits until such time as their total accumulation is reduced below the maximum.  At that time they shall recommence accumulating Sick Leave credits.
8. If an Employee requires time off for the purpose of attending a dental, physiotherapy, optical or medical appointment because the named health care provider is not available during the Employee's off hours or off days, provided they has been given prior authorization by the Employer, such absence shall be charged against their accumulated sick leave.  Employees may be required to submit satisfactory proof of such appointment.
9. 1. No sick leave shall be granted for any illness which is incurred once an Employee commences their vacation, in this event, the Employee will be receiving vacation pay.  For the purposes of this Article, vacation is deemed to have commenced on the completion of the last regularly scheduled shift worked prior to the vacation period inclusive of scheduled days off.
   2. Sick leave shall be granted:
      1. if an Employee becomes ill during their vacation period only after the expiry of the Employee’s vacation and provided the illness continues beyond the vacation;
      2. for the period of sick time falling within a scheduled vacation period provided that the Employee becomes ill prior to the commencement of the scheduled vacation.  If the Employee so wishes, the number of sick days paid within the scheduled vacation period shall be considered as vacation days not taken and may be rescheduled to a later date.
   3. Notwithstanding the foregoing, should an Employee demonstrate to the satisfaction of the Employer that they were admitted to hospital as an “in patient” during the course of their vacation, they shall be considered to be on sick leave for the period of hospitalization and subsequent period of recovery provided they notifies their Employer upon return from vacation and provides satisfactory proof of their hospitalization.  Vacation time not taken as a result of such stay in the hospital shall be rescheduled to a mutually agreeable time.
10. Upon the request of an Employee, the Employer shall advise an Employee of their accrued Sick Leave credits. Information on an Employee’s sick leave and sick leave entitlement shall be confidential unless the Employee consents in writing to such release.
11. An Employee who has exhausted their sick leave credits during the course of an illness, and the illness continues, shall be deemed to be on sick leave without pay or if applicable, until such time as they qualify for STD, for the duration of the illness or as provided below, whichever first occurs.  The Employee shall keep the Employer advised as to when they shall be expected back to work and shall provide the Employer with fourteen (14) days written notice of readiness to return to work and:
    1. if the Employee is capable of performing the duties of their former position they shall be reinstated by the Employer in the same position which they held immediately prior to their disability at not less than the same increment in the salary schedule and other benefits that accrued to their prior to their disability.  
    2. if the Employee is incapable of performing the duties of their former position but is capable of performing the duties of their former classification, a reasonable effort shall be made by the Employer to place them in an available position that they are capable of performing. In such a case the Parties agree to waive the posting provisions of the Collective Agreement.