CapitalCare Collective Agreement 2020-2024

Article 23: Sick Leave

1.  
   1. Sick leave is provided by the Employer for any illness, quarantine by a Medical Officer of Health, or because of an accident for which compensation is not payable under The Workers'Compensation Act.
   2. The Employer recognizes that alcoholism, drug addiction and mental illness are illnesses which can respond to therapy and treatment, and that absence from work due to such therapy shall be considered sick leave.
2. 1. Employees reporting sick shall advise the Employer by placing a telephone call to the appropriate Manager and the work area (if applicable) as soon as possible.
   2. The Employee shall keep the Employer regularly advised of the expected return to work date.
3. An Employee shall be allowed a credit for sick leave computed from the date of employment at the rate of one and one-half (1 1/2) working days for each full month of employment up to a maximum credit of one hundred and twenty (120) working days provided, however, that an Employee shall not be entitled to apply sick leave credits prior to the completion of one hundred and fifty five (155) hours of work of the probationary period as per Article 9.
4. An Employee, who is not enrolled on the Short Term Disability Plan, and who continues to be off work but who has exhausted their sick leave credits, shall be deemed to be on a leave of absence without pay or benefits for up to one hundred and twenty (120) working days from the first day of absence from work, or until the Employee becomes eligible to apply for Long Term Disability benefits, whichever occurs first.
5. An Employee granted sick leave shall be paid for the period of such leave at their Basic Rate of Pay, and the number of hours thus paid shall be deducted from their accumulated sick leave credits up to the total amount of the Employee's accumulated credits at the time sick leave commenced.
6. Employees may be required to submit satisfactory proof to the Employer of any illness, non-occupational accident, or quarantine when circumstances make it reasonable to do so. Where the Employee must pay a fee for such proof, the full fee shall be reimbursed by the Employer.
7. When an Employee has accrued the maximum sick leave credit of one hundred and twenty (120) working days, 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. Except as otherwise specifically provided in this Collective Agreement sick leave pay shall not be granted during any leave of absence.
9. Sick leave credits shall accrue for the first (1st) thirty (30) calendar days during periods of illness, injury, layoff, and/or leaves of absence in excess of thirty (30) calendar days.
10. 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 as stated in Article 23.10(a) above, 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 provision of Article 23.10(a), 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 notify 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.
11. An Employee who commences employment within six (6) months of the date that they voluntarily terminated employment with another Employer signatory to a Collective Agreement containing identical sick leave provisions, or an Employer with a Collective Agreement for which the Union is the certified bargaining agent, shall retain to their benefit, in accordance with the provisions of this Article, entitlement to the balance of accumulated sick leave credits at the time of said termination.  Otherwise, sick leave credits will be canceled and no payment will be due therefore.  The Employee shall be provided with a written statement of such entitlement upon their termination.
12. If an Employee requires time off for the purpose of attending a dental, physiotherapy, optical or medical appointment, provided they have been given prior authorization by the Employer, such absence shall be neither charged against their accumulated sick leave, nor shall they suffer any loss of income provided such absence does not exceed two (2) hours during one work day.  If the absence is longer than two (2) hours, the whole period of absence shall be charged against their accumulated sick leave.  Employees may be required to submit satisfactory proof of appointments.  Whenever possible, the Employee will schedule appointments outside regular work hours, or at the beginning or end of the shift, and will provide the Employer reasonable advance notice of scheduled appointments.
13. An Employee may request in writing once a year the status of their sick leave entitlement.
14. Information on an Employee's sick leave shall be confidential unless the Employee consents in writing to such release.