New Sick Leave Aggregation Protocol for CUPE 3338 Members

On June 22, 2017, CUPE 3338 and the University signed a Grievance Settlement Agreement over practices for administering sick leave and methodologies for aggregating sick leave usage for each illness or injury.

In the Settlement, both parties agreed to the terms and conditions of a Protocol for Application and Operation of Sick Leave Aggregation (Article 35.02(b)). Please familiarize yourself with the Protocol available to you here. We encourage you to attend the information sessions. Click here for the information session schedule.

Starting October 1, 2017:

1       All Employees covered by the CUPE 3338 Collective Agreement:

Each employee covered by the CUPE 3338 Collective Agreement must complete the Claim for Casual Illness or Sick Leave Benefit form for each absence from work for which the employee claims paid sick leave entitlement.  Failure to comply with this requirement will result in subsequent loss of pay for the absence until such form is provided.

1.1  As a Supervisor, it is your responsibility to ensure that the employee provides you with a completed form in a timely manner and to record the absence as “unpaid leave” in the employee’s time sheets if the employee fails to comply with this requirement.

1.2 For extended absences more than three (3) consecutive working days the University may require a physician's certificate, satisfactory to the University in accordance with Article 35.04. In order for the medical certificate to be satisfactory to the University it must describe the nature of illness for aggregation purposes.

 

2       Excessive Casual Illness Use

2.1  If a CUPE 3338 member's casual illness equals or exceeds twice the University’s casual illness average (54.68 hours) for 2016:

2.1.1       It is considered “excessive use” in accordance with the Collective Agreement.

2.1.2       The Manager/Supervisor will then be required to inform their CUPE member employee in writing that they must provide a physician's certificate satisfactory to the University in accordance with Article 35 for current (if applicable) and each and every subsequent absences due to casual illness in a timely manner - no exceptions.

2.1.2.1  The recurrent Physician’s statement is due by no later than a non-pay day Friday.

2.1.2.2  In order for a medical note to be satisfactory it must contain at least the nature of the absence.

2.1.3       If the CUPE 3338 member fails to comply with these requirements outlined in 1.2.2.1 and 1.2.2.2  the absence must be recorded as “unpaid leave” in the employee’s time sheets.

2.1.4       This requirement will remain until the CUPE member's usage of casual illness falls below double the most current available casual illness average.

NOTE: The average causal illness for all University employees is released by March 31st of every year. The casual sick leave average for 2016 is 27.34 hours.

 

1.     500 hours or more for a Single Aggregated Illness of Injury

2.1  The RTW/DM Office will notify the Manager/Supervisor and the affected employee in writing when the University has aggregated paid sick leave usage for an illness or injury at 500 hours for continuing fulltime employees with five (5) years or more seniority or a prorated number of hours for another employees who are eligible for sick leave.

2.2  If the CUPE 3338 member does not agree with the aggregation, they are entitled to meet with their Manager/Supervisor, a representative of the Return to Work and Disability Management Office and a Union representative to review or discuss the aggregation and its consequences on the employees continued paid sick leave.

The parties also agreed on several other sick leave aggregation practices that impact your staff under the CUPE Collective Agreement and are available here.

We encourage you to familiarize yourself with these changes to sick leave aggregation practices.

If you have any questions regarding the contents of the Protocol for Application and Operation of Sick Leave Aggregation (Article 35) please contact the Return to Work Office or your Human Resources Advisor.

We also encourage you to visit the Q&A page by clicking here.

If you have any questions please reach us via e-mail at rtwdm@sfu.ca