Sick Leave Aggregation Protocol Implementation Q&A

This Q&A page is a "live page" based on questions from our SFU Community Members since the announcement of a new sick leave Protocol for CUPE 3338 members was released on September 21, 2017.  We encourage you to visit this page often as more questions will be posted as they are being received.

Q: How long will CUPE 3338 member employees be required to provide a medical certificate for every absence once they have been identified as having excessive absenteeism?

A:  As of October 1, 2017, every CUPE 3338 member employee who reached the trigger of two times the University Casual Sick Leave Average for 2016, in 2016 (January 1st to December 31, 2016), will be required to provide a medical certificate satisfactory to the University for paid sick leave at least until March 31, 2018.  

On March 31, 2018, if their Casual Sick Leave usage for 2017 (January 1st – December 31, 2017) falls under the University Casual Sick Leave Average for 2017 (available on March 31, 2018), then the requirement to provide a medical certificate satisfactory to the University for paid sick leave will end.  However, if on March 31, 2018, their 2017 casual sick leave reached two times the University Casual Sick Leave average for 2017, then the employee will be required to provide a medical certificate satisfactory to the University at least until March 31, 2019.

Furthermore, if an employee reaches two times the University Casual Sick Leave Average any time during 2017, they will be required to provide a medical certificate until March 31, 2019. As before, their casual sick leave usage will be assessed against the current sick leave average which at this time is the 2016 average.

 

Q: Where should I send my Claim for Casual Illness and Sick Leave Benefits Form once it has been filled out and approved by my supervisor?

A: Please send your Claim for Casual Illness and Sick Leave Benefits Form to the Return to Work and Disabiltiy Management Office via e-mail to rtwdm@sfu.ca.

 

Q: Is it CUPE's responsibility to communicate this change?

A: Although CUPE 3338 will communicate this change to their members it is ultimately your responsibility as a Manager/Supervisor to communicate this change to your employees.

 

Q: What communication formal/informal is expected from managers to their CUPE staff? We certainly plan to share this in our weekly team meetings.

A: On September 27th, CUPE 3338 members received an email from our Office communicating the changes to sick leave aggregation and sick leave management. For a copy of the e-mail please click here.  Please refer to this e-mail when communicating to your CUPE 3338 employees in an effort to keep the information consistent.

 

Q: When would the sample notification letter (Section 2.1) be ready?

A: You will only receive a copy of the Excessive Casual Sick Leave letter from our Office when one or more of your employees have reached the 2 x Casual Sick Leave University Average threshold.  Please do not provide a letter to your employee unless you have either received an e-mail from our office or you have consulted with our Office in advance.

 

Q: What is the Casual Sick Leave Average for 2016?

A: The Casual Sick Leave Average for 2016 for all SFU employees (excluding SFUFA members) is 27.34 hours.

 

Q: What should I do if the requirement for a CUPE 3338 member to provide a physician's statement is triggered on the Thursday immediately prior to a non-pay day Friday? 

A: Depending on the individual circumstances it may or it may not be reasonable to expect a medical certificate on the due date (non pay-day Friday).  Even though a deadline has been set as a guideline, we encourage managers and supervisors using a reasonable persons test or reasonable approach and consider mitigating factors if the medical certificate is not presented within a reasonable period of time.  An example of a mitigating factors is when an employee did visit their physician but the medical office did not fax the form to the University on time.

 

Q:  Casual Sick Leave is defined in the CUPE 3338 Collective Agreement as 21 hours or less.  What happens to CUPE 3338 member employees on Modified Work Week schedule (i.e. their day is not 7 hours, but 7.78 instead)?   

A: For the purposes of Casual Sick Leave under this Protocol, the standard measure for Casual Sick Leave is 3 business days (i.e. 23.34 hours).