Article 27 : sick leave

Total Disability: An employee is considered to be totally disabled when suffering from a total and uninterrupted disability attributable to an injury, sickness, complication resulting from pregnancy, or a mental condition. The employee is unable to perform the duties of the usual position for the duration of the maximum number of sick leave days. Subsequently, the conditions established by the insurance provider in the article on extended long-term disability apply.

Partial Disability: An employee is considered to be totally disabled when suffering from a total and uninterrupted disability attributable to an injury, sickness, complication resulting from pregnancy, or mental condition. The employee is unable to perform the duties of the usual position for the duration of the maximum number of sick leave days. However, with the University's approval, the employee may perform a proportion of the usual duties of his the position or another position with similar duties. The salary received for the duties performed shall be at least 30% less than his regular salary. An employee cannot be partially disabled before having met the definition of total disability.

Medical note: means a medical statement signed by a physician that includes the date of consultation, the employee's dates of absence, the doctor's name, and the registration number of the College of Physicians.

Medical certificate: means the confidential request form for medical information from the attending physician which can be found in Appendix A of the Agreement.

Following an employee's sick leave, upon his return to work, he must enter his used days of leave into the University's electronic leave system.

27.1 

27.2 A regular employee who has completed his probationary period receive the following sick leave benefits if he meets the definition of disability:

• One hundred per cent of the base salary for a maximum of one hundred and nineteen (119) calendar days from the first day of the total disability due to an accident or illness, and for each disability owing to a separate cause, including complications resulting from a pregnancy. A gradual return to work or a return to work part time/part-time job shall be included in the calculation of the one hundred and nineteen (119) calendar days of sick leave granted to the employee.
• Sick leave benefits is payable for a maximum period of one hundred and nineteen (119) calendar days or for a period ending on the employment termination date, whichever period is shorter.
• Benefits are reduced i) by the amount of compensation paid by the Workplace Safety and Insurance Board (WSIB) if they are received, with the understanding that normally the University pays the sick leave pay, or ii) by the amount of similar benefits for which the employee is eligible by reason of sickness or accident from a governmental or private insurance plan, except Employment Insurance.

Conditions

27.3 Eligible employees who become totally disabled may collect benefits on the following conditions:

• At the beginning of the disability period, the employee informs the supervisor of the anticipated length of absence. Should the employee be working shifts, the supervisor shall be advised of the absence at least two hours before the start of the employee's regular shift. If the leave exceeds the period, the employee or his agent shall notify the Human Resources Service, Health and Wellness Sector, of any change to the expected return date as soon as it becomes known.
• A medical note is required in the following cases:
  • When sick leave exceeds four (4) consecutive working days;
  • When the employee's sick leave record casts serious doubt on the validity of the declaration, even when the sick leave is less than four (4) consecutive working days; in this case, the functional limitations are requested;
  • The Health and Wellness Sector must receive the medical note within five (5) working days following the employee's return to work unless a valid reason is given by the employee.
• The medical certificate must be filled out by the attending physician when the disability exceeds ten (10) workdays, within a maximum of twenty (20) calendar days after the first day of absence; otherwise, the sick leave is without pay and the faculty or service will stop the salary on that date and the days off work used up to that date will be treated as annual leave. If the employee's annual leave has been exhausted, the absent days will be treated as leave without pay and a record of employment will be issued for potential benefits from the federal Employment Insurance program.
• The medical certificate must be renewed on a monthly basis following the receipt of the first medical certificate.
• At any time during the sick leave, the University may require the employee to undergo a medical examination by a university-appointed doctor to determine if the employee is eligible for sick leave benefits. The University will pay for the examination. The University can verify the reason for the absence and determine the nature and length of the absence.
• When the medical certificate or examination(s) do not confirm a sick leave due to disability but the attending physician maintains that the employee cannot return to work, the employee is on leave without pay. A medical certificate is required every month to maintain the unpaid-leave status for a maximum of one hundred and nineteen (119) calendar days, then every six (6) months thereafter. The conditions set out in the article on seniority apply to the accumulation and retention of seniority during this period. The employment is terminated two years after the start of the absence.

Accommodation

27.4 Wherever possible and reasonable, the University accommodates employees with functional limitations to facilitate their return to work after an accident or illness. If possible, and depending on the accommodations to be made, the parties can also decide to place an employee in a vacant position with other responsibilities that are in keeping with the functional limitations. The employee, the employee's supervisor, the Union and a University's representative will attend all meetings during the workplace accommodation process.

27.5 When an employee who has not been given sick leave benefits requires reasonable accommodation according to his attending physician, the University can obtain an assessment from a specialist to determine the functional limitations and the accommodations required. The University will pay the cost of such examinations.

27.6 The Employee shall notify the Health and Wellness Sector, of the health condition, disability or impairment preventing him from meeting the job requirements.

27.7 The employee provides the Health, Wellness and Leave Sector, in strict confidentiality, the information and documents from health professionals to properly explain the nature and extent of the accommodation requested.

27.8 The employee and the Bargaining Unit support and collaborate with the University in its efforts to identify and provide the necessary accommodations, in particular by helping identify solutions that the University can reasonably consider to meet the employee's needs.

Return to work after sick leave

27.9 When a sick leave exceeds more than twenty (20) working days, the employee must provide a document attesting that he is fit to work from his attending physician before being able to return to work. This document can be the medical certificate filled out at the beginning of the sick leave, provided that the return-to-work date has not changed. The certificate can be used to verify whether the employee is fit to return to work and to identify any accommodation or restriction measures to be followed during the work reintegration period.

Return to work after a workplace accident

27.10 An employee returning from sick leave as a result of a workplace accident can return to the position that he held before the workplace accident, with or without reasonable accommodation, if he returns within the period of one hundred and nineteen (119) calendar days of sick leave. If the absence is longer, the University shall adhere to the following conditions (the shortest term apply):

• up to one year after the employee was declared fit to resume the core duties of his position in connection with a return to the employee's position;
• two years after the injury or sickness;
• the date on which the employee reaches 65 years of age.

Confidentiality

27.11 In order to protect confidentiality, medical notes and certificates must be forwarded directly by the employee to the Human Resource Services' Health and Wellness Sector.

27.12  An employee is not required to disclose either the nature or symptoms of the illness nor the name of the attending physician to his supervisor.

27.13 The Human Resources Service, Health and Wellness Sector, shall not disclose information contained in medical records or medical information without the employee's written consent. In accordance with article 27.7, this does not include information on the accommodations required for a return to work.

Renewal of sick leave benefit period

27.14 To renew the maximum period of one hundred and nineteen (119) calendar days of sick leave, the University may require a certificate of good health, which is to be granted by the attending physician. An employee who has received sick leave benefits must:

• revenir au travail pendant un (1) jour ouvrable complet s'il s'agit d'une invalidité attribuable à une cause complètement différente, l'accident ou la maladie étant survenu après le jour de retour au travail. Ceci ne peut être un jour de congé annuel et l'employé doit être présent au travail.
• Return to work for thirty (30) consecutive calendar days if the disability results from the same cause. During this period of thirty (30) consecutive calendar days, the employee cannot take annual leave.

Limitations :

27.15 An employee who misses work after receiving a notice of termination of employment is not eligible for sick leave benefits unless he provides a certificate of disability issued by a doctor and accepted by the Health and Wellness Sector.

27.16 Sick leave benefits cannot be accumulated and are never reimbursable.

27.17 When an employee is injured or sick during leave without pay, he is not eligible for sick leave benefits during the period of unpaid leave. In such case, the beginning of sick leave as outlined in section 27.2 is the date indicated on the medical certificate submitted to the Health, Wellness and Leave Sector. The employee may be eligible for compensation payments for sick leave from the first day of the scheduled end of the leave, and for the remaining days of ongoing one hundred and nineteen (119) calendars day period.

27.18 Employees who are not accepted by the Long-Term Disability Insurance Plan shall not receive sick leave benefits. If the attending physician maintains that the employee cannot return to work, the employee shall be on unpaid leave. A medical certificate shall be required every six (6) months. The terms as provided for in the article on seniority shall apply to the accumulation and maintenance of seniority during this period. The employment shall be terminated two years after the beginning of the absence.

27.19 Sick leave benefits are not granted under the following circumstances:

• Injury or sickness voluntarily self-inflicted with the sole purpose of benefiting from the provisions of this article;
• Voluntary involvement in the event of riots, wars or turbulent demonstrations;
• Diseases or injuries sustained while committing an act recognized as a criminal offence by a duly constituted court or while serving a prison sentence;
• Pregnancy (however, complications arising from the pregnancy are covered by this article upon presentation of a medical certificate from the University of Ottawa);
• Where the employee also receives vacation pay;
• A strike, except if the valid disability started before the beginning of the strike and a medical certificate was provided prior to the strike;
• All beauty treatments or cosmetic procedures other than for health reasons;
• When the employee reports sick for work and on the same day attends a course or another job;
• The employee is under suspension and the suspension was not overturned through the grievance process.

Drug Addiction, Alcoholism and Other Recognized Addictions

27.20 If an employee’s disability is due to drug addiction or alcoholism, the employee shall not be eligible for sick leave benefits unless the leave is for the time required for treatment under the care of a physician or other recognized professional, or in a recognized professional institution upon recommendation of a duly qualified physician.

Sick leave for term employees

27.21 Term employees shall accumulate one half (0.5) day of sick leave per month.

Effective September 1st 2016, term employees shall accumulate one day (1) of sick leave per month.

For any term employee who was on sick leave during the period from May 1 2016 to August 31, 2016 but did not have sufficient sick leave credits, shall be credited up to two (2) days of annual leave upon request to Human Resources Service. Term employees shall have until September 1, 2017 to request this adjustment.

27.22 In the case of long-term sickness, the employee is entitled to the days of sick leave that he has accumulated and will then have to submit a request to Employment Insurance for the remaining period.

27.23 Sick leave can be accumulated when a contract is renewed but is not cashable. In this case, the unused sick leave from previous contracts in a position of continuous service shall be credited up to a maximum of fifteen (15) working days.

27.24 The same terms, conditions and limitations regarding sick leave for regular staff apply, as long as the sick leave was accumulated and will be used.

Leave for medical appointments and treatments

27.25 Employees shall endeavor at all times to schedule their medical appointments outside of work hours or at the beginning or end of the work day to minimize the impact of their absence on their work sector.

27.26 Reasonable notice must be given to the supervisor when a medical appointment or treatment has been scheduled.

27.27 A maximum period of three point five (3.5) consecutives hours is granted for each preventive or diagnostic appointments with a doctor, dentist or optometrist. If an individual absence of more than three point five (3.5) hours is required, this period will be accounted for and treated as sick leave unless the time is made up for in hours of work.

27.28 All appointments for medical treatment purposes are accounted for and treated as sick leave and validated by the Health, Wellness and Leave Sector. Employees accumulate hours approved for appointments and enters them into the University's electronic leave management system as half-days or full days of sick leave.