| 35 |
PAID/UNPAID TIME OFF |
| Intent: It is recognized that from time-to-time, an employee will be faced with situations that may require him/her to be absent from his/her work. Such time will be either with or without pay, or a combination of both, and will be granted where there is an entitlement under this Agreement, a clear legal or statutory requirement, or where, in the supervisor's judgment, such time off is warranted by specific circumstances. It is further recognized that it is the employee's responsibility to balance his/her need for a leave of absence with the work requirements of his/her unit. |
| Where the granting of the absence is discretionary, considerations would include: factors beyond an employee's control that prevent him/her from attending work; severity or nature of circumstance; workload of the unit. |
| The exact amount of time off is at the discretion of Management; however, the entitlements of employees in specific circumstances include those described below. |
| 35.1 |
Jury Duty/Required Attendance at Court |
|
For the duration of the Jury Duty, or required attendance at an Inquest or court (subpoenaed witness), the employee's normal base earnings and benefits will be maintained. The employee is responsible for informing his/her supervisor as to the probable duration of the jury duty. |
| 35.2 |
Funeral Leave |
|
a) |
Provincially Regulated Employees |
|
|
In the event of the death of a family member, including parent, parent-in-law, brother, brother-in-law, sister, sister-in-law, husband, wife, son, son-in-law, daughter, daughter-in-law, grandparents, grandparents-in-law, and grandchildren, an employee may be granted leave of absence with pay. The supervisor will take into consideration the relationship of the deceased, the distance that the employee has to travel, and the need for the employee to attend to arrangements when deciding how much time is to be granted. Usually a period of up to three days is an adequate amount of time. In the event of the death of a fellow employee, time off with pay may be granted to attend the funeral. |
|
b) |
Federally Regulated Employees |
|
|
i) |
An employee will be granted leave of absence on any of his/her normal working days during the three days immediately following the death of a member of his/her "immediate" family. Base earnings will be maintained for employees who have completed at least 3 consecutive months of continuous service. |
|
|
|
"Immediate" family shall be as defined in the Canada Labour Code: spouse, including common-law; father and mother of employee; spouse of father and mother, including common-law; children; brothers and sisters; father-in-law; mother-in-law; spouse of father-in-law and of mother-in-law, including common law and relative of employee who resides permanently in the employee's household or with whom the employee resides. |
|
|
ii) |
An employee may be granted leave of absence with pay of up to 3 days in the event of the death of the following family members: brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparents, grandparents-in-law, and grandchildren. |
|
|
iii) |
In the event of the death of a fellow employee, time off with pay may be granted to attend the funeral. |
| 35.3 |
Medical and Dental Appointments |
|
An employee may attend a medical consultation, receive dental treatment or be absent because of sickness for less than one-half day without reduction of sick leave credits and/or pay. |
| 35.4 |
Family Care |
|
An employee is entitled to take time off for family care. Normally, up to five (5) days a year may be taken for this purpose. By mutual agreement with his/her supervisor, the employee may pay for this time by using his/her banked overtime, by working back the time over a reasonable period of time, or by taking the time off without pay.
|
| 36 |
EMPLOYEES HIRED AS SOCIETY STAFF |
At the request of The Society, a leave of absence may be granted to an employee who is offered a Society staff position. During this period The Society will assume:
- Cost of salary;
- OPG's cost of contributions to the Pension and Insurance Plan, and the LTD Plan;
- The responsibility and cost of providing Health, Dental and Sick Leave Insurance/coverage;
- The responsibility for any other employee contributions related to employee wages and benefits provided by The Society.
At the end of the leave of absence, OPG is obligated to relocate the employee within OPG at a salary classification as close as possible to the position held at the time the leave of absence was granted. An employee on leave will be neither advantaged nor disadvantaged in a surplus situation.
|
| 37 |
RELEASE OF SOCIETY REPRESENTATIVES |
| Note: Please also see Letter Re: Clarification of Article 37 in Appendix XIV. |
| 37.1 |
Intent |
|
OPG will grant elected Society representatives reasonable paid time off from normal duties for purposes of involvement in joint processes and business related to Society/Management relations under this Agreement. |
|
OPG recognizes and appreciates the dual responsibility employees elected to hold Society office have to their job and to Society members. Society representatives and their supervisors (those excluded from The Society) are encouraged to pursue a mutually acceptable and cooperative approach to managing the requirement for absences as a result of this dual role. Management recognizes that the need for time off from normal duties will vary with the position that the employee holds within The Society. The higher up in The Society the more will be the demands for time off. |
| 37.2 |
Specific Circumstances |
|
37.2.1 |
Absence from work due to The Society representative's involvement in joint processes, tripartite processes or with respect to other business related to Society/Management relations under this Agreement, should not negatively impact on his/her performance appraisal. |
|
37.2.2 |
In the expectation that the joint problem solving approach based on the JSMC principles outlined in Article 1.2 will be mutually beneficial to the relationship between OPG and The Society, Management agrees to continue its practice of maintaining base salaries for Society representatives involved in all joint processes up to but not including arbitration unless required by Management to attend. |
|
37.2.3 |
Society Delegates and members of the Board of Directors will be permitted two (2) days per year at their normal base rates to attend Delegates' Council meetings. Members of the Board of Directors will be permitted up to 12 additional days per calendar year at their normal base rates, to attend Society Board meetings. |
|
37.2.4 |
OPG will release elected Society representatives from their normal duties without pay for other Society business. The Society will give Management reasonable notice of such releases, and Management will normally release such representatives. From time-to-time there may be unexpected events that prevent such a release, but such situations will be the exception.
|
| 38 |
VACATIONS |
| 38.1 |
Vacation Entitlement |
|
The combination of Vacation Commencement (VCD) plus External Experience Value (EEV) determines service for vacation entitlement for the purpose of this Article. |
| 38.2 |
Less Than One Year of Service by June 30 |
|
One and one-half (1-1/2) days vacation for each full month of service completed between June 30 of the previous year and July 1 of the current year to a maximum of three (3) weeks (15 working days). |
| 38.3 |
One to Seven Years of Service |
|
Fifteen (15) working days (three weeks) annually when an employee has completed from one (1) to seven (7) years of service by the end of the calendar year. |
| 38.4 |
From Eight to Fifteen Years of Service |
|
Twenty (20) working days (four weeks) annually when an employee has completed from eight (8) to fifteen (15) years of service by the end of the calendar year. |
| 38.5 |
For Sixteen to Twenty-Four Years of Service |
|
Twenty-five (25) working days (five weeks) annually when an employee has completed sixteen (16) years to twenty-four (24) years of service by the end of the calendar year. |
| 38.6 |
For Twenty-Five or More Years of Service |
|
Thirty (30) working days (six weeks) annually in the calendar year in which an employee completes twenty-five (25) years of service and in each succeeding year. |
| 38.7 |
External Experience Credit |
|
(Applicable to 4, 5, and 6 Weeks Vacation Entitlement) |
|
38.7.1 |
Appointments to Positions Paid from Salary Schedules 01, 02, 03, 05, 08, 10, 11, 12, 13 and 15 |
|
|
Employees who were or are hired directly into, or within one year of their ECD were, or are, appointed to a Society-represented position and paid from Salary Schedules 01, 02, 03, 05, 08, 10, 11, 12, 13, and 15 will receive the following vacation credits for external experience, applicable to four, five, and six weeks vacation entitlement. Credits are based upon the highest salary grade attained within one year of hiring and are translated into an External Experience Value (EEV).
| Salary Grade Hired Into |
Vacation Credit |
| MP1/FMP11/TMS1-2/TS1-6/OSS1-81 |
1 year |
| MP2/MF22/FMP12/TMS3/TS7-8/OSS92 |
2 years |
| MP3/MF23/FMP13/TMS4/TS9-10/OSS10 |
3 years |
| MP4/FMP14/TMS5/OSS11 |
4 years |
| MP5/FMP15/OSS12 |
5 years |
| MP6/FMP16 |
6 years |
1 Relevant work experience of one year or more is required to receive this credit.
2 Relevant work experience of two years or more is required to receive this credit. |
|
38.7.2 |
Appointments to Positions Paid from Salary Schedule 04 |
|
|
An employee hired on or after December 31, 1981 and paid from Salary Schedule 04, will receive one year's vacation credit.1 |
| 38.8 |
Vacation Credit for Prior Service |
|
Employees will be entitled to vacation credits for all prior service, including casual employment, regardless of breaks in service. (See Section 9.4 Transition Provisions). |
| 38.9 |
Vacation Without Pay |
|
Up to one week off without pay may be taken by employees for vacation purposes. |
| 38.10 |
Use of Vacation Credits of Succeeding Year at Christmas |
|
For purposes of taking time off at Christmas (December 15 to December 31) employees will be permitted to utilize earned vacation credits for the succeeding year. |
| 38.11 |
Banked Vacation |
|
Upon eligibility for 25 working days (five weeks) of annual vacation, employees may defer and accumulate any vacation entitlement beyond 15 days per year. A maximum of 30 weeks' vacation may be banked. Banked vacation may be taken at a later date, subject to the supervisor's approval, or may be taken as a cash payment upon retirement. |
| 38.12 |
Vacation Bonus |
|
Employees shall receive one day's base pay (or adjusted earnings) for each year of service beyond twenty-five (25) years, to a maximum of ten (10) days' pay. |
| 38.13 |
Vacation Entitlement on Retirement/Termination |
|
Retirement |
|
A retiring employee may take part/all of earned vacation for the year in which he/she retires, plus authorized carryover from previous years and banked vacation, or receive cash payment in lieu, plus any vacation bonus. |
| 38.14 |
Vacation Pay on Retirement/Termination is as follows: |
|
a) |
If an employee terminates between July 1, and December 31, he/she receives the following: |
|
|
i) |
pay for any unused vacation days earned up to June 30, and not taken during the current calendar year; plus |
|
|
ii) |
4% of accumulated earnings from July 1, to the date of termination, or the appropriate percentage (determined by vacation entitlement) of base earnings from July 1, to the date of termination; whichever is greater. |
|
b) |
If an employee terminates between January 1, and June 30, he/she receives the following: |
|
|
i) |
4% accumulated earnings from July 1, to date of termination, or the appropriate percentage (determined by vacation entitlement) of base earnings from July 1, to the date of termination; whichever is greater; minus |
|
|
ii) |
vacation taken in the current calendar year. |
|
|
|
"Base earnings" in this Section refers to base pensionable earnings for normal scheduled hours of work. |
|
|
|
"Accumulated earnings" in this Section refers to base earnings, plus overtime pay, shift allowances, etc. |
|
|
|
The appropriate percentages determined by vacation entitlement are as follows:
- 4% of accumulated wages if entitlement is 10 working days or less annually;
- 6% of base earnings or adjusted earnings to date if entitlement is 15 working days annually;
- 8% of base earnings or adjusted earnings to date if entitlement is 20 working days annually;
- 10% of base earnings or adjusted earnings to date if entitlement is 25 working days annually plus any vacation bonus;
- 12% of base earnings or adjusted earnings to date if entitlement is 30 working days annually plus any vacation bonus.
|
|
|
|
If the reason for termination is the death of an employee, the payment will be made to the estate or beneficiary. |
|
|
For calculation purposes, the termination date is the employee's last day of work. The employee is removed from payroll on this date. |
|
|
In cases where the termination is due to causes other than death, the termination date must not be extended to permit use of outstanding vacation credits or lieu days which are paid for in cash on termination. |
| 38.15 |
Deferment or Interruption of Vacations |
|
38.15.1 |
Reimbursement will be made for out-of-pocket expenses incurred by an employee who, at the request of OPG, either defers an approved vacation or returns before the vacation has expired. |
|
38.15.2 |
When an employee is called back from vacation or when an employee's vacation is cancelled at the request of OPG, the employee shall receive premium rates of pay for all normal hours worked on cancelled vacation days for which seven calendar days' notice has not been given up to a maximum of seven calendar days. |
|
38.15.3 |
Deferred or interrupted vacation days will be rescheduled at a later date.
|
| 39 |
STATUTORY HOLIDAYS AND FLOATING HOLIDAYS |
| For federally regulated employees, the parties agree that Article 39 meets the requirements of Part III, Division V, General Holidays of the Canada Labour Code and that the Civic Holiday is substituted for November 11 (Remembrance Day). |
| 39.1 |
The following days are recognized by OPG as statutory holidays:
New Year's Day
Boxing Day
Canada Day
Easter Monday |
Christmas Day
Victoria Day
Thanksgiving Day |
Good Friday
Labour Day
Civic Holiday | |
|
If a statutory holiday falls on a day when an employee is off on sick leave, pay is not charged against sick leave credits for that day. A statutory holiday falling within an employee's vacation period is not counted as part of the vacation, but is taken as an extra day of holiday. |
|
Payment for statutory holidays will be on the basis of straight time for the normal hours of work per day. |
|
39.1.1 |
When Canada Day falls on a Saturday or Sunday, it shall be observed on the following Monday. |
|
39.1.2 |
When Christmas falls on a Friday and Boxing Day on Saturday, a half holiday will be granted on the preceding Thursday. The days of observance will not be moved. |
|
|
When Christmas falls on a Saturday and Boxing Day on a Sunday, a half holiday will be granted on the preceding Friday. Christmas will be observed on Saturday. Boxing day will be observed on Monday. |
|
|
If Christmas Day falls on a Sunday, it shall be observed on Monday and Boxing Day on Tuesday. |
|
|
When Christmas Day falls on a Tuesday, Boxing Day shall be observed on Monday. |
|
|
When Christmas falls on a Wednesday and Boxing Day falls on Thursday, the Friday following Boxing Day will be granted as an additional holiday. The days of observance will not be moved. |
|
39.1.3 |
When New Year's Day falls on a Saturday, an additional holiday shall be granted on either the preceding Friday, or the following Monday. The day of observance will not be moved. |
|
|
When New Year's day falls on a Sunday, it shall be observed on Monday. |
|
39.1.4 |
Holiday Shutdown |
|
|
OPG may authorize a shutdown over the Christmas - New Year period. In order to encourage employees to voluntarily take this time off, employees will be allowed to use up earned vacation from the following calendar year in order to cover the shutdown period. |
| 39.2 |
Floating Holidays |
|
Employees who have completed 20 weeks of continuous service in any calendar year are entitled to three floating holidays. Such days will be taken on dates mutually agreeable to the employee and the supervisor. Floating holidays must be taken in the year they are earned (i.e. there is no carryover for floating holidays). |
|
If an employee terminates after completing 20 weeks of continuous service in a calendar year, OPG will make a cash payment in lieu of any unused floating holiday credits. |
|
If an employee terminates prior to the completion of 20 weeks of continuous service in a calendar year, entitlement is as follows:
- An employee not entitled to floating holidays in the previous calendar year is not entitled to floating holidays in the current calendar year. If an employee has been granted a floating holiday(s), OPG will recover one day's pay for each floating holiday taken.
- For an employee entitled to floating holidays in the previous calendar year, entitlement will be prorated based on the number of weeks of continuous service in the year of termination. OPG will either make a cash payment for any unused floating holiday credit or recover the value of any unearned portion taken.
|
| 40 |
UNEMPLOYMENT INSURANCE COMMISSION REBATE |
The value of any Unemployment Insurance Commission (UIC) rebate shall accrue to OPG.
|
| 41 |
PREGNANCY/PARENTAL LEAVE |
| The entitlements in this article are generally described in the brochure "Pregnancy and Parental Leaves - All Society Represented Performance Paid Staff" (April 1, 1999). The Brochure is under revision to reflect the provisions below. |
| Definitions |
| Pregnancy leave means a leave of absence of up to 17 weeks for a pregnant employee who has been employed by OPG for at least 13 weeks immediately preceding the expected birth date. Unless provided for in this Article, this leave is without pay. |
| Parental leave means a leave of absence for an employee who has been employed by OPG for at least 13 weeks and who is the parent of a child. This employee is entitled to a leave of absence following the birth of the child, or the coming of the child into the custody, care and control of the parent for the first time. Unless provided for in this Article, this leave is without pay. |
| For an employee who takes pregnancy leave, the leave of absence is for a period of up to 35 weeks. For an employee who does not take pregnancy leave, the leave of absence is for a period of up to 37 weeks. |
| 41.1 |
Pregnancy Leave |
|
a) |
Start Date: Pregnancy leave may begin at any time during the 17 weeks immediately preceding the expected date of delivery. |
|
b) |
End Date: Pregnancy leave normally ends 17 weeks after the pregnancy leave began. |
|
c) |
Notice: The employee must give OPG as much notice as possible and a certificate from a legally-qualified medical practitioner stating the expected birth date. In no case, however, will the employee provide less than two weeks' written notice of the day the leave is to begin. |
|
d) |
Reinstatement: At the end of pregnancy leave, the employee will be eligible to return to the position the employee had prior to the leave, if it still exists, or to a comparable position, if it does not. |
|
e) |
Benefits: OPG will continue to pay the OPG portion of the contributions for Group Dental, Extended Health Benefits, Pension Plan, Life Insurance, and any other type of benefit plan related to the employee's employment as prescribed by the Employment Standards Act for provincially regulated employees, and the Canada Labour Code for federally regulated employees, for the duration of the pregnancy leave, unless the employee gives OPG written notice that the employee does not intend to pay the employee portion of the contributions, if any. |
|
f) |
Service Credits: Employees on pregnancy leave shall be entitled to normal accumulation of service credits for the duration of the pregnancy leave. |
|
g) |
A pregnant employee may continue to work during a normal pregnancy until such time as the duties of her position cannot be reasonably performed. |
|
h) |
An employee on pregnancy leave does not qualify for sick leave. |
| 41.2 |
Parental Leave |
|
a) |
Start Date: The parental leave must begin no later than 52 weeks after the day the child is born or comes into the custody, care and control of the parent for the first time for provincially or federally regulated employees. |
|
|
The parental leave of an employee who takes a pregnancy leave must begin when the pregnancy leave ends unless the child has not yet come into the care and control of the parent for the first time. |
|
b) |
End Date: Parental leave normally ends 35 weeks after the parental leave began for an employee who also took pregnancy leave or 37 weeks for an employee who did not take pregnancy leave. |
|
c) |
Notice: The employee must give OPG as much notice as possible but in no case will there be less than two weeks' written notice of the date the leave is to begin. |
|
d) |
Reinstatement: At the end of parental leave, the employee will be eligible to return to the position the employee had prior to the leave, if it still exists, or to a comparable position, if it does not. |
|
e) |
Benefits: OPG will continue to pay the employer portion of the contributions for Group Dental, Extended Health Benefits, Pension Plan, Life Insurance, and any other type of benefit plan related to the employee's employment as prescribed by the Employment Standards Act for provincially regulated employees, and the Canada Labour Code for federally regulated employees, for the duration of the parental leave, unless the employee gives OPG written notice that the employee does not intend to pay the employee portion of the contributions, if any. |
|
f) |
Service Credits: Employees on parental leave shall be entitled to normal accumulation of service credits for the duration of the parental leave. |
|
g) |
An employee on parental leave does not qualify for sick leave. |
| 41.3 |
Benefits Under the Supplementary Unemployment Benefit (SUB) Plan |
|
a) |
In order to be paid a leave benefit in accordance with the Supplementary Unemployment Benefit Plan, the employee: |
|
|
i) |
must provide OPG with proof that she/he has applied for, and is eligible to receive unemployment insurance benefits pursuant to the Employment Insurance Act; and, |
|
|
ii) |
must be regular and employed by OPG for at least 13 weeks immediately preceding the date of delivery/adoption; and, |
|
|
iii) |
must (a) be on pregnancy leave, or (b) be on parental leave. |
|
b) |
According to the Supplementary Unemployment Benefit Plan, payments will consist of the following: |
|
|
i) |
for the first two (2) weeks, payments equivalent to ninety-three percent (93%) of the employee's base pay (pregnancy leaves only, not parental leaves); and |
|
|
ii) |
when receiving EI benefits, the employee is eligible to receive payments equivalent to the difference between the EI benefits and ninety-three percent (93%) of the employee's base pay for up to fifteen (15) weeks while on pregnancy leave and for up to three (3) weeks while on parental leave. Where the employee's base salary exceeds 1.5 times the Years Maximum Insurable Earnings, the employee will receive an additional $300 as a lump sum as full compensation if a clawback is required by Canada Customs and Revenue Agency or any other government agency. |
|
|
iii) |
where an employee becomes eligible for an annual increment/salary schedule adjustment during the period of pregnancy/parental leave, payments under 41.3(b)(i) and 41.3(b)(ii) shall be adjusted accordingly. |
|
c) |
An employee who qualifies under Section 41.3(a) shall sign an agreement with OPG providing: |
|
|
i) |
that she/he will return to work and remain in OPG's employ for a period of six (6) months from the date of return to work; |
|
|
ii) |
that she/he will return to work on the date of the expiry of pregnancy/parental leave, unless this date is modified with OPG's consent or unless the employee is then entitled to a leave extension provided for in this Article; |
|
|
iii) |
that should the employee fail to return to work as per the provisions of Subsections 41.3(c)(i) and 41.3(c)(ii), the employee recognizes that she/he is indebted to OPG for the amount received under the SUB plan.
|
|
PREGNANCY/PARENTAL LEAVES - TIME LINES |
| *Only maximum entitlements available are shown: |
| Time lines show maximum lengths of leaves which may be available, providing qualifiers/conditions of specific legislation/agreements/policies are met. |
| EI Benefits show maximum amounts which may be available. Employees should be referred to the nearest EI Office to determine their specific entitlements. |
| SUB Plan Benefits show maximum amounts which may be available, providing qualifiers/conditions of specific agreements/policies are met. |
| PROVINCIAL AND FEDERAL EMPLOYEES |
|
|
| Pregnancy |
| 2 wks |
15 wks |
| 93% |
EI+SUB=93%* |
|
| Plus Parental Leave as outlined below. |
| All parents who are entitled to Parental Leave and EI benefits in accordance with Employment Standards Act or Canada Labour Code | |
| Parental Leave |
2 week waiting period
(If required*) |
3 weeks |
32 weeks maximum |
| unpaid |
EI*+SUB=93% |
EI |
|
| Duration of Parental Leave is maximum 35 weeks if the employee has preceded their Parental Leave with Pregnancy Leave. Otherwise, the maximum is 37 weeks. |
| * Note: A waiting period is not always required, should parents choose to share parental benefits, the parent filing the second claim would not be required to serve a two-week waiting period. There would be one waiting period per birth or adoption. |
| All parents who are entitled to Parental Leave in accordance with Employment Standards Act or Canada Labour Code, but who are not eligible for EI benefits | |
| Parental Leave (Maximum 35 weeks) |
| Unpaid |
|
| 42 |
SICK LEAVE PLAN FOR TO EMPLOYEES HIRED PRIOR TO JANUARY 1, 2001 OR COVERED BY THE TRANSITION PROVISIONS IN ARTICLE 9 |
| 42.1 |
The Sick Leave Plan provides for maintenance of an employee's income when he/she is absent from work due to illness or non-occupational injury. |
| 42.2 |
Employees are granted 23 days of sick leave a year - eight (8) days at full pay and 15 days at three-quarter pay. These grants accumulate continuously each year if not used, up to a maximum of 200 days at three-quarter pay and no limit to the number of days at full pay. |
| 42.3 |
In the year in which an employee completes six years of service, all sick leave used in the first year of service will be restored. In the 7th year of service, all sick leave used in the 2nd year of service will be restored. This will continue until the employee has completed 15 years of service. In the 16th year of service, all sick leave used in the 11th through to the 15th years of service will be restored. In every year after 16 years of service, sick leave credits will be restored at the end of the year following the year in which they were used. There will be no payout of unused sick leave credits when an employee leaves the service of OPG. |
| 42.4 |
An employee will be reimbursed for any doctor's note required by OPG. |
| 42.5 |
In keeping with Article 2.4, Society Supervisors will be responsible for the administration of the sick leave plan. However, the final determination with regard to discipline related to misuse of sick leave will be the responsibility of management.
|
| 42A |
SICK LEAVE PLAN (FOR EMPLOYEES HIRED ON OR AFTER JANUARY 1, 2001) |
| 42A.1 |
The Company's Sick Leave Plan will provide probationary and regular employees with substantial income protection regardless of their seniority. Probationary and Regular Employees will accumulate 8 sick leave credits (a credit equals 8 hours, 7.5 or 7 hours, whichever applies to the employee) per year of service at 100% of the employee's base pay. |
| 42A.2 |
When employees have exhausted their sick leave credits and are on sick leave, they will be paid at 75% of their base rate for a period of up to 6 months. |
| 42A.3 |
Employees who are on continuous sick leave for 6 months and who qualify will be placed on Long Term Disability (LTD). |
| 42A.4 |
In the event of denial of LTD benefits, the employee will have their wages maintained at 75% of base wages until completion of an LTD appeal process. |
| 42A.5 |
Employees will be required to submit all Major Medical Absence forms required by management through their personal physician. The Company will compensate the employee for the cost associated with completion of these forms up to a maximum of $20.00. It is the responsibility of the employee to ensure that the employer receives these forms within a reasonable period of time. If there is an issue with the receipt of this form, the supervisor will contact the employee's Society delegate and the delegate will work with the employee to provide the documentation as soon as possible. If the Major Medical Absence form is still not forthcoming, then the supervisor may discontinue the sick leave entitlement until the form is received. |
|
Employees will be reimbursed for any additional doctor's notes required by OPG. |
| 42A.6 |
Regular part-time employees shall receive a pro-rated number of sick leave credits. |
| 42A.7 |
In keeping with Article 2.4, Society Supervisors will be responsible for the administration of the sick leave plan. However, the final determination with regard to discipline related to misuse of sick leave will be the responsibility of management.
|
| 43 |
LONG TERM DISABILITY FOR EMPLOYEES HIRED PRIOR TO JANUARY 1, 2001 OR COVERED BY THE TRANSITION PROVISIONS IN ARTICLE 9 |
| The Long Term Disability Plan provides financial security and rehabilitative employment features to regular employees during their absence from work due to extended sickness or injury. The benefits and terms and conditions of benefit entitlement of the Long Term Disability Plan are as described in: the Collective Agreement; the brochure entitled "Sick Leave and Long Term Disability Plans, updated April 10, 2000"; and sections 1 through 7 of "Exhibit A" of the Administrative Services Agreement, dated April 1, 1999 between the company and the carrier. These documents, by reference, form part of the Collective Agreement. The benefits and terms and conditions of benefit entitlement as described in the above documents can be changed by mutual consent only. |
| 43.1 |
Qualifying Period |
|
The qualifying period is defined as the period six calendar months from the starting date of the employee's continuous absence due to disability; or a total of six months in accumulative authorized medical absences in the year prior to the date sick leave expires due to the same progressively deteriorating disability; or the expiration of sick leave whichever is longer. |
| 43.2 |
Disability Period |
|
The period in which an employee cannot continuously perform the essential duties of any position available in accordance with the priority placement criteria of the Rehabilitation and Re-employment Procedure. |
| 43.3 |
Benefits |
|
During the disability period, the plan will provide an income equal to the lesser of: |
|
43.3.1 |
Sixty-five percent (65%) of base earnings at the end of the qualifying period for LTD benefits, or |
|
43.3.2 |
Seventy-five percent (75%) of base earnings at the end of the qualifying period for LTD benefits less any pension entitlement and/or any supplement from the Workers' Compensation Board (excluding the Non-Economic Loss award) and or the Canada Pension Plan, excluding benefits for dependents. |
|
A person who runs out of sick leave credits during the qualifying period will be granted a leave of absence without pay until such time as the LTD qualifying period elapses. The employee will continue to receive service credit during this period and have coverage maintained in, but will not be required to contribute to, the Ontario Hydro Pension Plan, Health and Dental benefits, and the Group Life Insurance Plan. |
| 43.4 |
Other Conditions |
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43.4.1 |
OPG and/or the insurance carrier reserve the right to periodically obtain necessary proof of continued disability. If at any time an individual who has been declared disabled and placed on LTD is capable of returning to any further service with OPG, OPG will request and The Society will normally grant a waiver of posting requirements except in the case of redeployment under Employment Continuity. |
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43.4.2 |
Employees who are in receipt of LTD benefits will have their LTD benefit levels adjusted by the indexation increase which is applied to the OPG Pension Plan. |
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43.4.3 |
Where a position is identified that both OPG and the employee on LTD agree he/she can become qualified for through educational retraining, OPG will pay tuition fees associated with the retraining, up to a maximum of three years. |
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43.4.4 |
Employees on LTD must apply for CPP disability benefits after an appropriate period (6 months) unless there are compelling (e.g., medical) reasons that prevent the employee from doing so.
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| 43A |
LONG TERM DISABILITY (FOR EMLOYEES HIRED ON OR AFTER JANUARY 1, 2001) |
| The Long Term Disability (LTD) Plan provides financial security and rehabilitative employment features to regular employees during their absence from work due to extended sickness or injury. The detailed information is included in the Insurance policy and generally described in the brochure "Sick Leave and Long Term Disability Plans - Society Represented Employees - Updated April 10, 2000" |
| 43A.1 |
Qualifying Period |
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The qualifying period is defined as the period six calendar months from the starting date of the employee's continuous absence due to disability; or a total of six months in accumulative authorized medical absences in the year prior to the date sick leave expires due to the same progressively deteriorating disability. |
| 43A.2 |
Disability Period |
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The period in which an employee cannot continuously perform the essential duties of any position available in accordance with the priority placement criteria of the Rehabilitation and Re-employment Procedure. |
| 43A.3 |
Benefits |
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During the disability period, the plan will provide an income equal to the lesser of: |
|
43A.3.1 |
Sixty-five percent (65%) of base earnings at the end of the qualifying period for LTD benefits, or |
|
43A.3.2 |
Seventy-five percent (75%) of base earnings at the end of the qualifying period for LTD benefits less any pension entitlement and/or any supplement from the Workers' Compensation Board (excluding the Non-Economic Loss award) and or the Canada Pension Plan, excluding benefits for dependents. |
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A person who runs out of sick leave credits during the qualifying period will be placed on 75% of their base pay until the LTD qualifying period elapses. The employee will continue to receive service credit during this period and have coverage maintained in, but will not be required to contribute to, the Ontario Hydro Pension Plan, Health and Dental benefits, and the Group Life Insurance Plan. |
| 43A.4 |
Other Conditions |
|
43A.4.1 |
OPG and/or the insurance carrier reserve the right to periodically obtain necessary proof of continued disability. If at any time an individual who has been declared disabled and placed on LTD is capable of returning to any further service with OPG, OPG will request and The Society will normally grant a waiver of posting requirements except in the case of redeployment under Employment Continuity. |
|
43A.4.2 |
Employees who are in receipt of LTD benefits will have their LTD benefit levels adjusted by the indexation increase, which is applied to OPG's Pension Plan. |
|
43A.4.3 |
Where a position is identified that both OPG and the employee on LTD agree he/she can become qualified for through educational retraining, OPG will pay tuition fees associated with the retraining, up to a maximum of three years. |
|
43A.4.4 |
Employees on LTD must apply for CPP disability benefits after an appropriate period (6 months) unless there are compelling (e.g., medical) reasons that prevent the employee from doing so.
|
| 44 |
WORKERS' COMPENSATION LEAVE |
| An employee awarded a Workers' Compensation grant shall be granted a compensable disability leave with compensation made up of a tax-free Workplace Safety Insurance Board award, and a taxable top-up grant for the duration of Workers' Compensation Disability benefits. The top-up grant will ensure an employee's net pay is maintained. |
| If the employee is awarded a Future Economic Loss (FEL) award and is unable to perform the essential duties of any available job, the leave and top-up grant will be extended for the first 24 months of the FEL award. If an employee is unable to return to work during the first two years of a FEL award, an application for LTD should be submitted. The qualifying period is waived in these cases, and LTD benefits will be payable at the expiry of the first FEL for a qualifying employee. |
| Pending a decision of the Workers' Compensation Board regarding the legitimacy of a claim the employee will receive sick leave. Employees who are receiving Workers' Compensation benefits for claims or injuries suffered while in the employ of an Employer other than OPG are required to notify OPG of being in receipt of those benefits in order to qualify for the top up grant. These employees will not be eligible for sick leave while receiving Workers' Compensation benefits for the top-up grant. |
| The top-up grant for compensable disability leave will be withheld if the employee refuses a medically suitable position that she/he is capable of performing, pursuant to the provisions of Article 45 ("Rehabilitation and Re-Employment") of the Collective Agreement. The grant may also be withheld where an employee is subject to appropriate discipline or discharge for cause pursuant to Article 17 ("Discipline and Discharge"). |
Authority for withholding the supplementary grant is vested in Directors.
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| 45 |
REHABILITATION AND RE-EMPLOYMENT |
| 45.1 |
Application |
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This Article applies to OPG employees who either have qualified for Long Term Disability (LTD) Plan benefits or have been approved for a Workers' Compensation (WCB) award, and, regular employees who have medical disabilities that prevent them from performing the essential duties of their jobs. |
| 45.2 |
Policy |
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The parties seek to ensure that timely vocational rehabilitation and placement assistance is provided to affected employees whose medical impairments prevent performance of the essential duties of their jobs. The goal is re-employment in a continuing capacity which will make maximum use of these employees' capabilities. |
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Entitlements to rehabilitation and re-employment will be provided pursuant to the terms of the OPG Policy 04-03-04, "Rehabilitation and Re-employment", dated August 1991. As applied to Society-represented employees, the Policy will be subject to other provisions of this Collective Agreement and to relevant legislation, and may not be altered except by mutual agreement. The Society will be provided with notice in all circumstances in which notice is given to "the Union" under the Policy. |
| 45.3 |
Rehabilitation |
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An employee who is eligible for rehabilitation and is capable of rehabilitative employment is entitled to placement in a medically suitable position. |
| 45.4 |
Re-employment |
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An employee who is eligible for re-employment must be given a reasonable job offer in accordance with placement priorities under the Policy. Where more than one job is available, the employee will be offered the job nearest the salary level of the pre-disability position. The job offered should be no more than two salary levels below the pre-disability position. When an employee is placed in a lower rated position following rehabilitative employment, OPG will maintain the base salary and benefits of the pre-disability position until the employee's performance standing in the new position exceeds that in the pre-disability position. |
| 45.5 |
Termination of Employment |
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In the event an eligible employee refuses reasonable rehabilitative employment or a reasonable job offer for re-employment, the employee shall be terminated without entitlement to LTD benefits. Where an employee grieves termination for medical incapacity an arbitrator shall have jurisdiction to consider relevant post-termination evidence of rehabilitation. |
