HomeMy WebLinkAbout1991-1527.Union.93-06-07
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ONTARIO
CROWN EMPLOYEES <
EMPLOYES DE LA COURONNE
OtL'ONTARrO,
,~
1111 GRIEVANCE
SETTLEMENT
BOARD .
COMMISSION DE
.
REGLEMENT
DES GRIEFS "
180 DUNDAS Sml!ET wesT, SUITE Zloo, TORONTO, ONT,ARIp. M5G 'Z8
180, RUE. DUNDAS OI1EST, BUREAU 2100, TORONTO [ONTARIO), M50 IZ8
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THEPHONE/T~Lr;PHONE.. [416} 326-"/388
FACStMllEIT~LtJCOPIE: {4IG} J:16-l3g/)
1527/91
IN ,THE MATTER OF AN ARBITRATION
Under
TH! CROWN EMP~YEES COLLECTIVE BARGAINING ACT
Before
.THE GRIEVANCE SETTLEMENT BOARD
ImTWEEN
OPSEU (Union Grievance)
- and - ,
The Crown in Right of ontario
- (Ministry' of Health)
, Griavor
BEFORR
H. Finley
E. Seymour
D. Daugharty
Emp~oyer
Vice-Chairperson"
Member
Member
fOR THE
GRIEYOi,
I
,
M. McFadden
Counsel
Koskie" & Minsky
Barristers &"solicitors
fOR THl;:
R~aFONI)ENT
J. crawford
Deputy Director
Legal,services Branch
Ministry of Health
JlEABINg
January 19, 1993
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GSB 1527/91
DEe I S ION
This is. a pol icy gr ievance about certain aspects of the
latest Attendance P~ogram instituted at the Penetan9~i5hene
Mental. Health Centre on June 0, 1992 (See, Appendix ~). The
employees at the Mental Health Centre, penetanguishene gr ieve
that
The employer '5 Impleme'ntation of l?oll'cy .1t2~15-01
r e ga rd i ng an II Attendance and Absentee ism PI ogra mil
constitutes a breach of Article 52, and Article A .of
the Collective Agreement and reflects a pattern of
ha I assment d i r ected at e mpl oyees of penetang Menta I
Health Centre.
The Union asks the Employer to
1) Rescind the policy and practices that tlow fIom it
irome'd iate ly
2) Develop a policy regarding absenteeism in consultation
wi th Union Of flcials wh i ch, is fa ir 'and reasonable and
compatible with the provisions of the' Collective
Agreement.
Although the Union had. originally asked .that the policy be
rescinded, by the time of the hearing it had modified its
position to one of. seeking changes to the program, an~ did not
specifically pursue the,harassment complaint.
The facts are not in dispute and the Union chose to call no
evidence. The Employer called a single witness, MI. George
Kytayko,the Hospital Administrato~..
The Attendance Program's stated purpose is
To outline the responsibilities of all staff regarding
absences from work due to personal illness, work-
related injury and non-work related injury.
The policy i8 ,esBE:!ntially a prpgressiye program with 3
fixed-absence thresholds, and triggered inte~vieWB. of incre~5ing
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seriousness:
stage 1 - After 5 days' absence o~ ita equivalent for employees
under variable work agreements, an ini tial interview
with one's supervisor and optional union representation
Stage 2 - After 9 days' absence or its equ i valent for employees
under variable wotk agreements, a second interview with
one's supervisor with entitlement to union
,.repre~entation which must be declined in writing.
stage 3 - After 12 days' absence or its equivalent for employees
,under variable work agreements, a third interview with
one's department. head with entitlement to union
zepr~sentatlon which must be,declined irr writing;'
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The policy app~ies to all employees of the Mental He~lth ~entrel
Pe ne tangu ishene; includ 1'ng both management and bargai ni ng unit
. pe~sonnel. There are two locals associated with the Mental'
Health centre, penetangulshene. One is at' the Regional Mental
Health centre, while the other is at it~ oakridge Division, and
together they form a total bargaining unit of approximately 750
employees. A number of ind i vidual gr ievances is be ing held in
abeyance, awaiting the outcome of thLs policy grievance.
The union's specific .concerns are as follows:
1. The fixed threshold program does not permit the
distinct~on of individual situations.
2. The treatment of claimants under the Workers'
Comoensation Ac-t on the same baBis as others 1s
d i s c rim i n a tor y , and v i 0 1 ate 6 Ar tic 1 e A-I 0 f the
Collective Agreement.
3. The total-time basis tor calculation of time to ar~ive
a t the thres!tolds for both. tegular and var lable time
employees, as opposed to an occurrence-based system
produces an unfair result.
The Employel takes the pos it ion that its development of the
Attendance Program was in response to an absenteeism average for
illness' and Workers I Compensation Boa~d inj'ur ies which was the
highest amongst the provine ial psychiatr ic haspi tala. It aees
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the polley as a non-dlaclplina~y, non-punitive attendance review'
po Ii c,y. 'l'he Employe r be 11 eves t hat the consul tat i ve process
1nvo 1 ved, in its deve lopment and 1 ts, respons i veness to suggest ions
by employees ha~e together f created an opportunity for' in'put
into what Is a r lqht of management' 1 n accordance w1 th the crojm
Employees Collli!ct 1 ye Barga 10i09 Act, s. 18. I t made . the point
that the Union had been invited to be a' full participant 1n the
,
development process from the outset but had .elect~d not to ,take
par tin de ve 1 opment mee t i ngs due tq a conce:r:n over potent ial
conflict.
. Th~ re 1 evan t se ct ions of the Cr 9~n . Employees Collective
~arq~ining A~t, the Ontario Human Riqbt~Code and the Collective
Agreement, are the following:,
~ oltn Empl..9yees Coll'egt i ve Bat:qa 1 ninq Act
18.-(1) Every collect1ve agreement shall be deemed to
pro v 1 d e 'that i tis the e xc l. u s i v e function 0 f the
employe r to' ma nage, which function, without 11mi t 1 n9
th~ generality of the foregoing, includes the rig~t to
determine, .
( a ) e ITI p 1 0 Y m,e n t, a p poi n t men t, c O'm p 1 e men t ,
<> r g a n.1 z at' ion , 'assignment, discipline,
dismissal, suspension, work .methods 'and
procedures, kinds and locations of equipment
and classification of positions; ~nd '.
(b) merit ,system, training and development,
appraisal and supera:nl1ua~iOn, ,the governing
prlncip~es of which a~e subject to review by
the. employer w1.th the bargaining agent,' and
such matters will not he the subject of
collective bargaining nor come within the
jurisdiction of a board.
Human ~i9ht5 Code
Part II
!NTERPRETAT10N AND APPLICATION
$.-(1)
In Part I and in this Part,'
(b) "because o'f handicap" means for the reason
that the pe.rson has or has had, or 1.6
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believed to have or have had,
(1)...
,(v) an injury or disability tor which
benefits were claimed' or received
un d e r: the' W 0 r k e r SiC 0 mo e n:5 a t Ion
Act. . '
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C6llect.lve Agreement
Article A-1 NO DISCRIMINATION/~MP~OYMENT EQUITY
A. 1 T he res haIl be nod i s c rim i n a t i on
pr'actised by. reason of rac'e, anc::es try,
place of origin, colour, ethnic origin,
citizenship, creed, sex, sexual
orientation, age, 'marital status, family
status, or handicap, as defined in
section 9(1) or the Ontario Human Rights
Coa~ (OHRC)
[Emphasis added)
Article 52 S~ORT TERM SICKNESS PLAN~
52.1 An employee who 1s unable to attend to
his duties due to sickness or injury is
entitled to leave ot ab~ence with pay as
follows :'
(i) wi t'h regular salary for:
the first six (6) working
days of absence,
(1i) with seventy-five percent
,( 75%) of regular salary for an,
additional one hund:r;ed and
tweQty-four (124,) working days
of absence,
in each calendar year.
52.2
A'fTENUANCH: REV I~W MEETINGS
52.13
Wh~re an employee i3 interviewed by
a ,m'ember or members of management
in respect of the employee's record
of attendance at work, no evidence
Qf that interview or of ,the
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particular aspect~ of the
at'tendance record upon which that
1 n t e r vie w wa 5' b a fi e d S hall b e
admisBibl~ before the Grievance
S'ettlernent Board'in the arbitration
of a disciplinary,grievance unless
the emplo'yee waS given reasonable
notice of the interview.and of the
right to have union representation
at that interview, and the employ~e
e i the r had 5 li c h .u n ion
representation or declined that
representation in writing prior to
the' interview.
The issue of arbitrability was raised by the Counsel for the
Employer, Ms,. Janice Crawford, and it was argued that the Board
did no~ have jurisdiction to ~eview the policy since Section 16
of the Crown ~mployees collective Bargaining Act gives the
Employer the a utho!" 1 ty to create rul es, provided they do not
contravene the Collective Agreement. Counsel for the Union, Hr.
Michael McFadden, argued that a 'review of the policy for
reaaonableness, was properly wi thi n the Board's 'jut: isdiction and
submitted that a failure to co-operate in the applicatio~ of the
attendance policy ~ould result ~n disciplinary con5equ~nce5 for
an employee, and that Article 52.13, Attendance Review Meetings,
supra, contemplates discipline. Union Counsel Iefe~red the Board
to the following cases with respect to .the question of
~rbitrability in the context of ~easonablene56 of a rule.
~e ~t. JoseQb's General Hosoital NortQ Bay anq service
Employees Internation...Ql Unlon, Local 476, (1966), 34
L.A.C. (3d~ 231 (Dtssanayake) ,
Re McKellar General Hospityl and ontqri~Nurses'
A5socia~ioOJ (1984), 15 L.A.C. 353 (Beatty)
. I t is the unanl.mous view of th i s Board, that a review of
th is policy for: reasonableness is with in i ts pu~v iew, based on
the arbitral jurisprudence and on the 'faGt that the matter of
I Att e ndance Rev iew Meet i ngB' is' addre ssea in the Co llect ~ ve
Agreement in Art icle 52. further, despite the pollcy's lack of
penalty and the fact that it is' not in and of itself,
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disc ipl inary, it can, nonetheless, have 'ser ious consequences for
the employee, conseguences which are analogous to disciI;>linary
consequences such as discharge.
Arbitrator Beatty in Mc~ellar Hospital, sUD~a, commented as
follows at page ~56:
',' .Just as in' discipiine cases, where ml1l:ny of the
arbitrators support their assumption of jurisdiction on
the bas is that it fo llows fr om and furthers the same
interest as the general arbitral principle of "work
first grieve latertt, (see, e.g., RellClious HosgJtal1~I~
of Hotel-Dieu of st. JoseQb), 50 in the instant case in
taking jurisdiction, we can serve as a prophylaxis
against various cH'sputes and conflicts arising in and
undermining the efficiency of ~he work p~ace.
Regardless of the nature of the rule or policy,
allowing parties to pursue general poi icy grievances of
thi 5 k 1 nd be fore they come to infect the work place
serves the same interest of providing 'a vehicle. or
inst~ument for 'the orderly and efficient resolution of
disputes which under lies the work first, gr ieye later
rule and indeed the. entire labou! relations system of
which arbitration is bu't one part. Anxieties and
co ncer n5 wh i ch may be generated by the uncer ta in
implications of a, new rule or policy, and the
additional delay and expense which would be entailed in
the testing of the limit~ and legitimacy of such rules
and policies in a series lof indiv~dual cases, can
large ly" if not complete ly, be forestalled and
alleviated by the resolution of grievances of this kind
regardless of whether the rules or policies have the
potential for disciplinary consequences.
We concur with these comments.
The Board recognizes that the Employer, does have a right to
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deve lop ,a policy for dea 11 ng with the problem caused by ongoing
h1gh levels of absenteeism and notes that the development process
was br oad ly consul ta t i ve in api te of the fact that the Union
chose not to par~1cipate formally. Even though the Union did not
pa"r tic 1 pa te torma lly., the E,mployer w~a willing to .incorporate
B'ome of the amendments suggested by the Union wh 1ch is 'evidence
of a willingness on the part of the Employer to:make
accommodation.' The Employer also rec;ognizes that there is room
for i~prov~ment in the application of the program.
Tije Union alleged 1n its original grievance that this policy
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re f lecit s a pa t tern of harassment directed. at the employees of
penetang Mental Health Centre. In the Board's opinion, the
policy does not re fleet a pattern of harassment, but an honel3t
attempt to address a ser ious and costly absenteeism problem.
r'urther, the policy, with its consistency'an,d it;s detai',led
instructions to supervisors with respect to monitoring and
interviews, should help to .eliminate potential harassment which
might occur during its application. 'I'he .Union did ,not specifY
its allegations with respect to the violation of Article 52
dUX,ihg the. hear ing a,nd the Board has concluded that there was no
violation of' this article of the Collective Agreement by the
Employer.
'l'he Hoard will address the three 'specific concerns of the
Union one at a time.
1. 'l'he fixed threshold QroQram does not permit the
distinction of individual situations.
The. Union takes the position. that the use of fixed-thresholds is
~mproper and' that the use of the de~artmental' or overall a,:,erag,e
wou Id be mor e appr opr ia te . 'l'he Employer s ubmi tted that the
distinction of indiv}dual situations comes. into play at the
ihtervi~w stage, This pollcy was deve ioped in Iesppnse to the
Hospital.s having the highest average absenteeism rate of all the
provlnci~l psychiatric hospitals. The alternative proposed by the
Un io no f US Ing the insti tut ional or departmental average, as a
benchmark would be unlikely to result in improved attendance
simply bec~use the average is so ~igh. The polf~y.also attempted
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to address the inconsistent. application of a previous policY by
supervisors. 'l'he solution arrived at was to' make the initial
'response to absence, non~discretionary. If the initial response
(stage 1) is dIscretionary, there 1s a greater probabi 11 ty of
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inconsistency in the application of the policy, whereas,-)
dls~retion reserved to the interview 6tage (stage 2) means that
th~ discretion ~hich will inevitably result. In inconsistencies,
isba sed on an initial, cons iatent J:esp'onse., The Board finds
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that the use of a policy of non-discretionary, fixed thre~holds
combined with a discretionary response, in and of. itself, is a
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reasonable method of mon it or ing and improving attendance at the.
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Penetangui shene Mental He~l th Centre. 'l'hls does not however,
mean that there should be no except ions to the appl ication of
this method.
2.
Th: t:e:tment. of Workers t Comoensation Board claimants on
th~ sgm_ oaSIS as o.t~ers .lS di~criminatot::y. and violates
!\,rt ie Ie A-l____.
The Employer submits that 'nothing in the leg islat ion or in the
co llect i ve Agreement pre.cludes it hom includ ing the Workers I
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compensation Board aoaences in. its attendance policy. It is
particularly appropr.iate, the Employer 6ubmi,ts, since the
wor~ersl Co~pen5qtion ~ct places the employer under certain
obligations with respect to accommodation and reemployment which
require its ongoing invol vemeni; and there fore the monitor ing in
these cases is apt. It was aCknowledged by the Administrator in
his ~vldence that the policy was, in part; intended to monitor
and, reduce ~abuses of the Workers' compensation Board absences a5
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well as tho~e which occur under the Shor~ Term Sickness Plan.
Employe es who are injured at work and who therefore .come
under the aeg is of the Workers. compensat ion Board, must comply
with the rules. and regulations of the 'Workers. Cqmpensation
Board. 'l'he employer and the physician of an injured worker
covered by the Workers ~ compensat ion Board are. also. subj ect ~o
these same rules and :tegulations. The following excerpts from
the Workers. Compensation Act, R.S.O'J 1960 as amended which was
referred to by the parties, illustrate the oblIgations:
121. - (1) Every employer, wi thin thr.ee daYs after he
learns of the hap~ening of an accident to a worker. in
hIs employment by which the worker is dlaabled from
earn ing full wages or that necessitates health care,
shall notify the .Board 1n writing of, I
(a) t he happen i og of the ace ident and the
nature of it;
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(b) the time of its' oceun:ence;
(c) the. name and address of the worker;
(d) thE! name and address of the
physician' or surgeon, ,if any, by
whom the worker was or is attended
for the injury,
and shall in any case furnish such further details and
particulars respecting any accident or claim,to
comp,ensation as the Board may, require'.
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53. Every phys i c ian, surgeon, hos P i tal of ficlal or
other person attending, consulted respecting, or, having
the care of any worker shall furnish to the Board ~
t 1 me t.o t i m~ such reports as may be requ ired by the
Board in respect of such worke~.
~4. To aid in getting injured,workers back to work and
to ass,ist in lessening or removin,g any handicap
r,esulting from their injuries, the Board may take such
meas ur e5 and mak e such e Kpend i t ures as it may deem
necessary or expedient, and the expense.~hereof shall
be botne, in achedule 1 cases,' out of the accident fund
and, in Schedule 2 cases, by the employer individually,
and may be collected in the same manner as compensation
or expenses of administration.
54a,-{1} This section ap'pl1ea in respec't of a worker
who is, receiVing or has received benefits under secti~n
40.
(2) Wi~hin forty-five clay-y after notice of an
ace id e nt unde r sect ion 20 i8 filed, the Soard shall
contact a wo~ker who has not returned to work, for the
pur po s eo f identifying the wo r k e r I 5 need for: ,
rehabilitation serv~ce5.
(3) 'l'hr: Board shall provide' a worker contacted
under .5 ubse~t i on (2) wi th voca t i onal rehabili tat ion
services if the Board considers it appropriate to do
so.
(4) Vo~ational rehabilitation services provided
under sub-section (3) may include consultation, 'the
provision of information and the planning and design of
a vocational rehabilitation program.
(5) The Board shall offer a vocational
rehabilitation assessment to every wo~ke~,
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(a)" who has not_returned to the
wo~ker8 pre-injury employment o~ to
'alternative employment of a nature
and at earnings comparable to the
pre-injury employment within aix
months, afte'r notice of the accident
under section 20 15 filed.
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54b. - (l) The employer of' a worker who as a result of
an ~njury has been unable to work and who, on the date
of the injury, had been employed continuously for at
least one year by the employer shqll offer to re-employ
the wo~ker in, accordance wifh this section.
[Emphasis added) . .
Ifhese excerpts illustrate time-11mi ts which are bui 1 t into the
Workers' Compensation Boarp system and also the responsibilities
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of the various parties involved when an injury occurs. over and
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above this; following the' reporting of a work~related injury and
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the subsequent a,ssigning of a claims officer by the ~orkers'
Compensation Board.a system of communication between the Board,
t'he employer, the claimant under the Work~rs' comDen~ation ~ct
and' the physician should be9~n to monitor tha si tuat ion. This
Employer:' s policy results in the claimants under, the W6rkers~
compensat i on Act be i ng s ubj ected to t.wo di fferent mon i tor iog
schemes each with its own ti!Re lines. Further; the flxed-'
threshold monitoring system of the Employer would place a
returning employee who has been injured in the workplace and
whose injuries require an absence o.f, fOl: example, mOre than ,3
weeks' duration, at stage 3. The subjecting of the claimant.
undet the W~rkers' Cornoensation Act to two sets of time lines and
the potent ial for Immediate arr i val at stage. 3 produce a
d i sex I mi na tory' resul t for th is employee group and so violate
Article A-l. 'l'hat ia not to say that any form of mo~itor1ng
would be d iacr imina tox:y, however. I t may be that 'in order fOl.
the Employer to fulfill its role and obligations adequately under
the Workers' Compen~atlon Board 1~gi81at~on, it does need to keep
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in contact with the l~jured employee and und~rtake some form of
monitoring. the Board doe8 not believe, however, that the fix~d-.
threshold system should apply to claimants under. the workers'
Comoensation Act~ although a separate and distinct monitoring
a ys tem ta i lored to th Is' group and wh i ch r was a par t of the
Employer1s responsibility to report to ihe workers' compen5a~ion
Board would not necessarily be' seen to be unreasonable.
3. 'The total-time basis for calculation of time to arrive
at the thresholds for both regular and variable ,tilfle
employees, as opposed to an occurrence-based system
produces an unfair tesult.
'l'he Union takes the position that absences of regular (8-
hour) employees-and variable time (12 hours) employees spould not
be on the basis of total accumulated time but rather should be
ca lcula ted on the b~5i s 0 f occur rence or shi ft. Th is would
result, the Union claims, in each. employee who is absent due to
illn~ss,o~ injury arriving ~t the mandator~ time lines based on
inc idents of absence. lJ.'hey be li,eve that this produces a fairer
result. Mr. MC!fadden, for the Union considered the cpstinction
made in the calculation of absences and urged. .that. a sy~t~m by
wh ich 2 employees wi th tl)e same illness and the same, numbel: of
occur re nces, one work i ng a compressed work week, the other a
regular work week, arrive at the threshold at a different time,
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is unreasonable. Bereavement, and special and compassionate
leave recognize that a day is a day, and the same should apply in
this instance, he submitted. Ms. Cl:awford for .the Employer,
argued that the, use of the distinction betwEfen compressed and
regular work hours Was 'in no way.discriminatory and that if one
were to treat them the same, there would be an arg'ument. from
others. such dlfferences do occur in the Colle'ctive Agreement,
she noted, and offered the examplies of s'ick leave and vacation
wh ich are pro-rated, a nd compass 1 ona te . and bereavement leave
which are' not. 'l'he Employer .submi ts that no matter what sys~em
is selected, that there will be certain groups which perceive the
system as unfair but that c.onsistency i5 best achieved by using
the number of hours absence as opposed to the number of
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occurrences.
''l'He effects of the the
thresholds using the hourly
Trigger Trigger
6-hour In
shifts Hours
tr igge.r ing' mechanisms for the fixed
sysxem, are illustrated below:
Trigger Difference
12-hour, Between
1n ,Shifts 8 & 12 hour
Shifts, In Shifts
,"
5
9
12
(x 8)
(x 8)
(x 8)
40
72
96
3.33
6
a
1. 67
3
4.
As o11e can see from this table, the va'r ~able 12-hour shift
employee arr i veg at stage 1, 1.67 shi fts before the regular 6-
hour shift employee, at stage 2, 3 shifts before the regular 8-
hour shift employee, and at stage 3, 4 5h~fts before the,regular
B-hour shift 'employee. 'In other words, the shift discrepancy'
becomes grea~er as olle moves ,from stage 1. to ,st,age 3,'
USing the regular' 8-hour schedule as the pasis, also means
that the 1/2-time regular, part-time empl,oyee would arriVE! at the
threshold~ followi ng twice as many incidents of absence as a
regular fUll-time 6-hour employee.
'l'hen there is the 9roup of emp'loyees who work 7.25 hours per
day or 36.25 hours' per week (see Article 7 - Hours' of Work).
8i nce the At te ndance pr ogram applies to all employees, it is
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reasonable to consider this group as w~ll in any comparison to
the vatiable 12-hour shift employee, that is, those who work'the
longest per iod of time in anyone shift., The following table
demonstrates the results using this comparison:
'~'r igger , Tr igger Tr igger 01 fference
7.25 hour rn 12-hour, Between
Shifts , Hours' . In Shifts 7.25 & '12 hour
Shifts, in Shifts
5
0, 7.25} 36.25
3.02
1.98
9
(x 7.25) ,65.25
(x 7.25) 67.00
5..44
4.56
12
7.25
4. 75
12
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one can see that the spread ipcreases even further in 'this
comparison ,and tha~ the l2-.hour shift, employe~ will r~ach stage
3, 4.75 shifts earlier than the regular 7.25-hour employee.
The parties have bo~h cited the fact that in the collective
Agreement' vacatlon and 5 ick leave' credi ts are pro-rated, while
bereavement, special and compassionate leave are not. There is"
however, an essential difference' between the two. vacation and
.s i c k leave cr ed i ts ar e accumulated by employ,ees based on the
amount of time each employee works, while bereavement, and
special and compassionate leave, recognize that' no' matter what
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h'ours an empioyee may work, the situation triggering the leave
request, requires the full day. So', it is with illness or
injury. 1n most cases individualS are absent for 'a full shift,
although it is tecognized that on occasion employees will absent
themselves for (l portion of their 'sh1ft'only. The Board notes'as
well that in the latest collective Agreement, that, the parties
ha ve agreed to a ' ItModel Agreement with Respect to compressed
Work Week Arrangements under, Article 1.7 (see AppendiX B) in
, ' '
which pro-rating is applied to the Short Term sickness plan and
Vacation crecnts' but is not to be .appiied to spec,ial and
Compassionate: and Bereavement Leave.
, '
The Employer rt:'aintains that the accumulation of hours is t.he.
fairest approach. The Board disagrees for the reasons, and
results illustrated above. To order a specific system or plan 15
not wi th in the mandate of this Board. However, the Board is
order ing the Ii;mployer to develop a replacement calculation or
, ' '
triggering mechanism for the fixed-threshold system.
1 n 6 ummary, the Board r ecogn i zes that the Employe r is
entitled to develop and implement an ~ttendance Policy; and that
the review of this policy with respect to reaaonableneas is
within the jurisdiction of this Board. The Board finds that the
Employer has not violated Article 52 of the collective Agreement..
Further, the Hoard tinds that the !i:xed-threshold approach to
moni tor ing is not unreasonable, 1 n and of i tsel f, but that the
calculation based on the a-hour day and an accumulation of hours
13
(. -.
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is unreasol1C1;ble in that the len,gth of ~ime' for variously
scheduled groupS of 'employees to arrive at the thresholds differs
.....idely. with respect to claimant5 under the worke'rlL.!..
compensation Act. the Board find~ that, although moni to~ ing of
these claimant~ is not 'um:easonable, their inclusion in the
, .
f lxed-threshold system of monitoring while they are under the
aegis of the Workers' compen5at~on Board is discriminatory and in'
violation of Article A-l.
In the result, the Board orders that the calculation system.
cur rent ly in e f fe ct. be d lscont loued and that the Employer,
pre fa rab ly in consultation with the Uni on, begin to develop a
calculation ,system which minimizes the discrepancies in arrival
at the thresholds, priol; to September 1, 1993, and, that
claimants under the Workers' Compensation Act cease to be
moni tor ed by th'e f i xed-thre5hold system ef fect i ve the date of
this award.
The Hoard will remain seized of t~is matter in the event the
par t iea should require ou~ assistance 1n the implementation of
this decision.
D~ted at Kingston this 7th day of
S. Finley, Vie
~. /~
4~['~~
Ed Seymour, Member
Member
14
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-.....-,
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ADMINISTRATIVE MANUAL
, .
~'-iGUISHENE
Subj eC,t : Policy #
ATTENDANCE PRO~RAM .. - 2-15-01
Initiated supersedes:
by: MANAGEM~NT ADVISORY COMMITTEE .:rUNE 1(, 1991
,
Approved Date ,APproved:
by: MANAGEMENT ADVISORY COMMITTEE JUNE B, 1992
Pages 1 of 10
REASON FOR POLICYt
\
To outline the responsibilities of all' staff regarding absences
from work'due tq personal illness, work-related injury and non-
work rel~ted injury.
\APPLICA8ILITY:
Thts policy applies to all employee,s of the Mental Health Centre,
Penetanguishene.
;POLICY STATEMENT:
Regular attendance is' the responsibility of each employeE:; and' is .
an integral part of overal:l:. performance. ' Regular, attendance witl-'
be considered when assessing performance, awarding salary
increases and when considering ~areer changes of an employee,'
e.g. promotions. This policy is designed to establish a
framework for' the management of attendance at Mental Health '-,
Centre penetanguishene. The procedu~es outlined in this policy
are not disciplinary.in nature. .
Employees are eligible for benefits under the Short Term sickness
Plan (S.T.S.P.) only.when they are unable ~o at~end work dU~ to
personal illness or a non-work related injury.
Employees'are eligible for benefits under the Workers'
compensation Act only when they are unable to attend to their
normal duties due to a work-related injury. (see policy <<
procedure weB #2-155-01).
~ployees should be aware that'excessive absenteeism may lead' to
demotion, reassignment or terminati9n. Any employee who falsely
claims benefits under the Short Term sickness Plan (S.T.S.P.) or
Workers' compensation Act or fails to adhere to appropriate
safety standards may be subjected to disciplinary action.
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ADMINISTRATIVE MANUAL
" .. I , .........-t .~_... ...,
PENETMlGUISHENE
Pages 2 of 10
Subject: Po 11 cy #
ATTENDA..~WE PROGRAM 2-15-01.
-
Initiated Supersedes:
by: MANAGEMENT ADVISORY COMMITTEE' JUNE 1.4.; 1991
Approved Date Approved:
by: MANAGEMENT ADVISORY COMMITTEE JUNE 8, 1992
PROCEDURE:
Employee'S ~es~onsibilities
1. Reportinq Absences
.1.1 Employees must personally report each absence to their
supervisor/delegate. Based on the information provided by
the employee and the need to schedule replacement staffing,
the employee must call in on a da~lY basis for all absences
lasting up to and including five (5) days or until a valid .
medica 1 certif ica te is submitted :UJiil.rw"<<'.';,w":~W~,Xfjt~)[ig;~n~"$'ii!9.n$~
. w.,~,...w,.'~".w>o~,,"^W;;' ...%4:,"'.'15.... ..........'r. .,. ,.....~..-m.'.w''':'i"...''"'...''m...'.'~.^'w<'':';{~,.~~.".,'''.~,.,....,..l,.,g~h~h'~ 'J..~~'.~h'.F.;J;1~'.-.w..
~:.' 'w' '.- . . ..,. ._if:J<Ml?~jiJtb:gH~.wn+:9tt.~~iij~J~ffi~~1/ "'i-~Ja~;';Y.iX~~lt11t*il~W~t4~&hri~@~
,...;...;. "l-..a;..;?1~'"'~~~X":~:''';:'lf''~~>>'' ... '1'.1.( .(l.....ojJ~..,.u......;.; ... .:X~."", .;.".... '. ~;.. .. ' ........i"ii,...~(xy.~;.,;. .1'.. .., . ...........;0.... )...h .;,<...'......~,...""x ..
g;T~.. _.... -~~~!:At#~X;~fi:m~tt .
1.2 To ensure accurate payroll reporting, employees must state
the type of absence.
2. Med1~al 'certificates
2.1 The 9oil~ctiye Aareement mandates that the employees provide
a valid medical certificate for absences due to person&l
ill n =,~.e&~;;;.i,<~p,.j~. .:.X''':~<~".iO.;c~.8~';~''N><?-!.~1,.Y..:!;.".J~,),~,}~<?',~::~.i;~~.~X;,..,~.~~~.~.ng
da. SR: .J$~@g\t,~X~t~$ln;;@;p;~i~!\lPig. .. ~pliiHn~~.l.i.m~JEf,f\Fl~9!=!~~#~ff9" 1J~
.f(~:",^. . .: ,.<i.J~Jll. ]:;1t.'t'3",...*ml~t~!Rtt5:9:;.(,,,:,,~ i. .",,,.;;~~~lAJ?),t~l1i~;9.'~t1:9En:~H,,11j' SlJL ' :,;;g}S
:[.~. .,.... :;:.;~'.\ ~1t?i~~~'.~~:Mlm.mFoim,(r"m'eai.ca' '''^cerfr:f'i'ca't~;'''''t.5'''l).r:!val1. , '"'t~ie
'&t:'tefjlfi'ncY"phyliician mu~t certify that the employae is unable
to ~ttend to his/her dutie~.
2.2 Failure to provide an acceptable medical certificate will
result in the absence being recorded as ~nauth9rized le~ve
without nay on the sixth day. An 'exception to this time
limit may be made for ~rnployees who, for example, are
hospitalized and unable to provide a certificate.
. .
2.3 Employees must provide' a medical certificate or be medically
cleared by W.e.B. when returning from an abSence due to a
work-related injury and for absence due to illness where the
employee is allowed to return to duties but with
restr ictions. ' These re:s.trictions must be detailed by the
physician .and negotiation between the employee and immediate
..j!r +..~.._........ ... ....+, .....r\~1
,..NGUISHENE'
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ADMINISTRATIVE MANUAL.
SUbjeqt: Policy (I
ATTENDANCE PROGRAM 2-15-01
Initiated supersedes:
by: MANAGEMENT ADVISORY COMMITTEE JUNE 14, 1991
Approved Date Approved:
by: MANAGEMENT ADVISORY COMMITTEE JUNE B, 19~2
Pages :) of 10
supervisor should determine whether the modified work
it t' b >:~f.H{'b.1:\F''ff''.;g Tn€a'">""""f~''''''"'W'YJRfh:'''ffr' ""p'H1r"')i
~~'''*. Y.~ t.,~:.[l.." C ~i..~..,:~.,.:.,~,;".,ti-.t(;~""i~?-~i~.i<;~."'\'1f%i"'~~;', ~",h!:,~:""&1~;..m.a:-;.)~r,,R.:'~k{.m.Jh:~~~?,g~11\.:.~;:::'%~.' {~\.~~J!ll;fi
c......,'W\1 !!;~{r~ptl~s~n""fl:,....\L~::m;,,;~HJ;t,?;ng;:;l, '~SplJ~$;lO.nG.~,{O ~ . Oy~~;:V;!~
;;'~rE{ ':~'ta-"Jtlf""t':''\-'4a0:~~~~:'';::-';~'~'<:~trfd''~'>lt '"''''<''''~th~''' ~';~<.%~h~;::'t&~\}e:rrg" ':'pi"N~dl'f.!ifFr<
~~."am,,,,,,~~!1.1}!l\k;ji;~~;f1.!Jl9"15...~~"',~.d\,~})~,j~:~,l:\
2~4 For extended absences (due to illness or a work-related
injury) employees must provide a valid updated medical
certificate every four (4) weeks.
2.5 A supervisor may request a medical certificate for absences
of any duration where there is suspected abuse. (Reference:
Collective Agreement, Article 52:10).
2.6 The Mental Health centre will accept the completed Emplov~e
Medical certificate (Form attached) as a valid medical
certificate or any other statement signed by the physici~n'
incorporating the same information. .
2.7 superviso~s will inform employ~es'if the medical certi~icate
is unacceptable and for what reason(s). It is the
employee's responsibility to' provide a vali~ medical
certificate. Failure to do so may result in interruption of
pay jbenefits. .' "
2.8 'All medical certificates must be ,given directly to the
."~~"-""'"J"o".'~ ~""'Y 'I\,"l-:-'.~ .~-t-~...
employee'S w.~U~g~~~~~ supervisor/delegate (as per
departmenta t""p'o:Ci:cyY':' .
3. In order to facilitate cdmmunication between the employee
and the supervisor. and assist in operational planning,
employees should maintain weekly contact with their
supervisors after. the first medical certificate has been
submitted. '
4. k9~ern~M medical/d~ntal appointments are not covered under
tne""'Shoft 'l'erm sickness plan and should be scheduled outside
working hours. If this is not pqssible, and with the
approval of the supervisor, employees may make up the lost
time, request leave without pay, or. use accumulated credits.
.,C'u' I~'.." ~.,\'~'- ~ ,_, _,..~ 'C.. . .... :.. .~___~. .""" ~'... .~.. .... ..~""'-"'-"+. ~, ..~..., .,.---4\...1>.'''''''....'''''''''"'''......---
~.L~l"""..*"'.7( "........................~..l -......... .............,
PENETANGUISHENE
( ~ '
ADMINISTRATIVE MANUAL
pages 4 of 10
subject: Policy #
ATTENDANCE PROGRAM 2-15-01
. Ini tiated supersedes:
by: MANAGEMENT ADVISORY COMMITTEE JUNE 14, 1991
.' Date Approved:'
Approved
by: MANAGEMENT ADVISORY COMMITTEE JUNE 8, 1992
'. 2.
supervisQr'S Res~6nsibilities:
1.
supervisors are responsible for maintaining an attendance
record on all employe~s. These records are used fer an
ongoing review of ~ttendance and indicate any attendance-
related interviews. '
3.
Attendance review is an ongo~ng process and should not be'
restricted to a calendar year.
superv~sors will review employee attendance records monthly.
Identified concerns such as lengthY absences, frequent. .
sporadic absences or obvious patterns of absenteeism will be
discussed with the employee. Perfect attendance should be
acknowledged.
When an employee has been absent for fifteen (15)
consecutive working days, the supervisor will notify the
Department Head ~n writing.
I
4.
5. .
supervis~~~ are responsible for ~#^~~ptijgm~~,~~~qq~~
contact =1'S;tt,%"'13t"',€ir:lni'd with the em"Aro'^"ee"'(fuilnv~"'''h1's/'her
.;.w"'m....',~'...}:!~"^."'''<<u.,...,..,...., p y 9
absence. ",.vm,,"NA"#, ~'li~,,^y,....V^W<M'"
6.
Attendance will be included in the performance appraisal
process and will indicate both the number of occurrences and
total days absent.
supervisors will review all medical certificates. If the
certificate is not acceptable, the supervisor will inform
the employee. Acceptable certification will be forwarded to
the payroll Office. Payroll will record the information
they require and will forward the certificate to. the
Employee Health Office.
7.
8.
supervisors will otfer assistance and encourage 'employees to .
attend work on a regular basis.
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PENETANGUISHENE
ADMINISTRATIVE. MANUAL
Pages 5 ,of 10
subject: Policy #
AT~ENPANCB'PROGRAH' 2--15-01
Initiated Supersedes:
by: MANAGEHENT'ADVIBORY COMMITTEE JUNE 14, 1991
Approved D~te Approved:
by: MANAGEMENT ADVISORY COMMITTEE JUNE a, 1992
Department Heads' Responsiblities
1. The Department Head will ensure.the development and.
implemen~ation of written departmental procedures which are
consistent with the hospital attendance program. 'These will
include mechanisms to:
a)
b)
c)
d)
e)
f)
~~~~~~~ke~~~e~i~~~~~~~:~nce and p~ovide verbal and written
Report ab~~ncesl.to~tn~~~ork place
Report to.work after. personal illness or work~relatedinjury
Route medical certificates
Deal with an employee who becomes ill or injured at work
Ensure that new. employees are oriented to. the hospital
attendance policy and the departmental procedures
The. Department Head will,provide direction and ongoing
supervision to the supervisors in applying the
HospitalAttendance Program within the department.
Wh~n attendance concerns cannot be resolved at thedepartment
head level, the Department Head will consult with the
appropriate senior manager with recommendations for further
action (e.g. attendance hearing, medical examination to
determine employee's abi~ity to attend work regularly"
release from employment).
. .
2.
3.
4 .
Upon being informed that an employee has been absent d~e to
illness/disability for fifteen (15) consecutive days, tha
Department Head/dele9ate will .notify in writing the Regional
Personnel Office. The Employee Rehabilitation Co-ordinator,
Human Resources, is subsequently informed. The Co-ordinator
then contacts the employee by letter regarding available
counselling ~ervices. '
PROCEDURES FOR MANAGING A~NpANC~
It is imperative that supervisors use good judgment in
communicating with employees around attendance issues.
Management staff should consult with their immediate supervisors
regarding individual attendance issues. Gen.eral1Y' the time '"
I
.. ........ ... ".~,.__..IV'...I. >, _~I.~......I.,.. .."'.~-r....."n-.~'rf'd...~'"
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""'PENETl\NGUISHENE
~ :;'~i'
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ADMINISTRATIVE MANUAL
Pages 6of"lO
Subject: Policy #
ATTENDANCE PROGRAK " 2 -15-01
Initiated '.
~ Sypersedes:
by: 'MANAGEMENT ADVISORY COMMITTEE JUNE 14, 1991
Approved Date ApprovE;d:
by: MANAGEMENT ADVISORY COMMITTEE JUNE 8, 1992
frames referred to will be applied in-respect ot the calendar
year. , However, where attendance is an ongoing concern and an
attendance monitoring program"has been initiated with "an
employee, the ben~hmarks may extend beyond the calendar,year:
1.Discussion of Initial Concern
When' an employee has been absent from work for five (5)
working days or equivalent if employee is.under a variable
working hou~ agreement, the supervisor will conduct an
interview. The employee has the option of union representation
at this interview. The nature of the
interview will de~end on the level of the supervisor's
concern in relation to the employee's absences~
i)
ii)
ii i)
iv)
Content of the Interview may include:
Informing the employee that the absenteeism is of con~ern.
Informing the employee of the impact of the. absenteeism.
Encouraging the employee to identify any work-related
concerns which may be contributing to the absences. ..
Ex~ending an" offer of assistance to the employee. Advising
the employee of the Emplovee ~ssistance Program.
Results of the' Interview may include:
,Confirming the discussion in writing to the employee. (This
aPQUffieritatroh~wl~l%De laced on the employeets corporate
"f'3.:Iej"~:"~,'m"-""w'~~;;~-;1;;"';i"";'" i-:;.";";..:"".'",;,>1,,{<";~,i p I
A.
B.
i)
ii)
Acknowledging improvement 'and/or cont~nuing concerns. in
attendance and record this in the next performance
appraisal.
2.
Attendan~e Review - Immediate Supervisor
When an employee has been absent for nine .( 9) working d"ays or
equivalent if employee, is under a variable working hour
agreement, the supervisor will conduct an interview. In
accordance with Article 52.13 of the co~lective Aqreemen~, the
employee is entitled to representation during such a~ interview
:.. ....
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PENETANGUISHENE
ADMINISTRATIVE MANUAL
Pag~s 7 of 10
SUbject: Policy #
ATTENDANCE PROGRAM. 2-15-01
Initiated Supersedes:
by: MANAGEMENT ADVISORY COMMITTEE JUNE 14, 1991
Approved Da te Approv.ed:
by: MANAGEMENT ADVISORY COMMITTEE JUNE ,8, 1992
.where the supervisor has a serious concern over the employee's
level of absenteeism. However, when the employee waives such
representation this, must be in writing. The nature of the
interview will depend on the level of the superv~sor's concern in
relation to the employee's absences.
A. The content of the Interview may include:
i) Reviewing the key points of the initia1 discussion.
ii) Advising the employee. that the absenteeism continues
to be of concern.
iii) Re-emphasizing to the employee the impact of the.
absenteeism.
iv) Emphasizi~g the employee1s responsibilities and thd
hospital's expectations concerning attendance.
v) Encouraging the employee to identify any work-related
concerns which may be contributing to the absences~
vi) Extending an offer of assistance to the employee. Advising
him/her of the Ernploy~e Assistance program.
vii) 'Advising the employee of furthe.r action that 'may be taken if
attendance does not lmprove. '
B. Results of the Inter~iew may include:
i) Confirming the content of the interview. in writing .to ~he
employee and sending a copy to-the corporate-file where
there is continuing concern about the level ot.absenteeism.
ii) Acknowledging improvement and/or continuing concerns about
attendance and record~ng this in the next performance
appraisal. ,
3. Attend~ce 8eview..- J2~I1at'~tTD,f;nt---tlead../Qel!i:lg~
Ii" ...~- . '.I. !, .. ~ .. .. .. _
PENETANGutSHENE
~ '
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'c' .
ADMINISTRATIVE MANUAL
'*"-.-/
Subject: Policy #
ATTENDANCE PROGRAM ?"15-01
Initiated Supersedes:
by: MANAGEMENT ADVISOR\.' COMMITTEE JUNE 14, 1991
Approved. Date Approved:
by: MANAGEMENT ADVISORY COM.M.ITTEE JUNE 9, 1992
Pages D of 10
Wh~n an 'employee has be~n absent for twelve (12) working days or
equivalent if employee is under a variable working hour
agreement, the Department Head/Delegate will meet with the
employee. Notice of this meeting may be in writing'where there
is a continued concern about the level of absenteeism.
In accordance with Article 52.13 of the Collective Agreement, the
employee is entitled to represent~tion'at this meeting. If the
employee chooses to waive this right, this must.be done in
writing.' .
The nature of the intarview will depend on the level of the
supervisor's concern in relation to the employee's absences.
A. The content of the Intervi'ew may incl~de:
i) Reviewing the attendance record and any previous attendance
meetings with the employee.
ii) Advising the employee that th~ absenteeism continues to' be
of serious concern. ' .
iii) Further emphasizing the difficulties created by the
employee's abse~ce.
iv)
Further 'emphasizing the employee's responsibilities and .the
hospitall~ expectations concerniqg attendance.
v)
Providing the employee with the opportunity to ,discuss any
'work-relatea.concerns'which may be contributing to the
absences.
vi}
Extending an offer of assistance to the employee. Advising
the employee of the Em~loyee Assistance Progra~.
vii) Developing an action plan which sets out expectations and
methods to monitor progress.
. .
viii)Advising the employee of further action that may be taken if
the attendance does hot improve. Such action may include an
. . I . I . ~~ . ...... , I . I + 0 , -. . ~ ~ 7'. ."',f
. .\ _... l" .....,.. '\.. ~ 4 .~,I'~, ,'.::.'.:_~.,.::""....,..~...,.,.ti",.:.,_,',.".t ....,.",:,_..'...,....',:...:..::~;~I:~'...'_.,. ;~:;.i,-,'
.~~ /',;,,\":' ?~~:~ ,/~_: ;:~~: ~ .~i'~F~~_ ~ .': r! _ _ t' '.) ~
. ~ 9..
\~. fJ;'? .; .""1- :.~ i' ; ..,~~; ..~...~...'. ,.J'\:' ~ ~..:...4 :~~:I ; ~~:- ;!:,J; ..
~ '.~ .~ ~. .f "".'"""40~ ~5 .~,. ..,...\..l.r ~ :""., t _ 1;tJ~. 'i~.~.. .\;..?~. ......~'!.tl!~..;.:.:
L. . ~. p.._J. r-J....J..J ~ ,......l_I.".........a......-.......I....._L...;;.J-~..ul;.lr...L.I..
.....~;i,............ _~i~.Ln_,
(
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PENETANGUISHENE
" .
ADMINISTRATIVE MANUAL
pages 9 of 10
Subject: pOlicy #
ATTENDANCE PROGRAM 2-15--01
Initiated supersedes:
by: MANAGEMENT ADVISORY COMM.I~TEE JUNE 14, 1991
Approved Date Approved:
by: MANAGEMENT ADVISORY COHMI.TTEE JUNE 8" 1992
,
, I
I
. '
attendance review hearing with the Administrator/Delegate or
a referral for a medical assessment to determine current
health problems and fu~ure prognosis tp attend work on a
iii~.~:~~ii~~~f(~!'t~!!i!~~~fj~iitiif;~~7.I~~i~~~~[~l~~J1R~~~I~~~i~1,!:~
ent"'1{o;''elaMir'~~K~fiemi''M\'~6.'~ifH('~'''N.~,,>~,t>.,'..,....w..., ,...-.-.'.m,"-w."".....J,.w~,".,."<'M>""M..,i.P.\.-M',"",",.,.,.,.,.,......"."
:.:::~~:.-.R."J.*'f-J.'$.....y~~:~~I:f:-:~~.}*~:ll::-~{~j;;~<<~:-;.~~~;\::t~:;>>;:Wl~t....;~-;-;.'-:l..~...;:~~{.~-:-!:;: '.
. ix)
Advising the employee that chronic absenteeism may result in
Eeleai8 from em 10 ent.
!;";":'!;:"":':i"'>":;':"'~'; p ym
B.
The results of the Interview may include:
Confirming the contents; of this meeting and the action plan
in writing to the employe'e. ,placing a copy of this memo on
the emplqyee's corporatp file where there 'is continued'
concern about the employee's absences.
i)
't '.
I ~ t , J ~...... ~-;; .....1.~H.~. ~ .....J.- 1: ~ t... .. ~"'...-lL"l.-..-.o.~~~.ro;:....... ..,
.j Co . '.,~ '.'
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--... ..........,
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... L..I"_~~J"_V'L"""''''._~'_
EMPLOYEE MEDICAL CERTIFICATE
TO THE ATTENDING PHYSICIAN:
This form is optional ~nd is provided for the convenience of the
attending physician and the ,employee. The completion of this certificate
meets the requirements for a valid medical certificate under the current
COllective Agreement and will' ensure continua'tion of employee benefits.
Your co-operation in ,completing this Medical Certificate is greatly'
appreciated. '
costs associated with the completion cf this or any other medical'
certificate , required under the Collective Agreement are the employee',s
respon;3ibility.
NAME OF EMPLOYEE:
This'certifies that on I
examihed/tre~ted the above-named employee 6f the Mental
Health Centre and will certify that he/she was absent from
work due to: .
personal illness/injury
~ork-related injury
and was unable to attend to his/her official duties
from
to
(anticipated date of return)
This certifies that the emp~oyee is now able to
return to his/her d~ties:
. Regular Restricted
(It restricted duties, please elaborate}
Name of PhysicianSignature of physician
Date
.. a .!. [f
r. ,:.
\~... ~
.A:PPbv\JD( X' b
MODEL AGREEMENT WITH RESPECT 1'0
. CO/rfPRESSED WORK JVEEK
ARRANGEMENTS.
MEMORANDU~1 OF AGREEA1ENT
BETIYEEN: TIlE !llINISTRY OF
AND: THE ONTARIO PUBLIC SERVICE
EMPLOYEES UNION
(Clnd its local ).
This compressed work. week agreement is made in accor-.
. dance with Article 35 (L9cal and MinistJy Negotiations) and
Article 7 (Hours of Work) of the CQIlective Agreement on
Working Conditions and Employee BenefitsJ between the
Ontario Public SelVice Employees Union and the Crown in
right of Ontarlo, represented by Management Board of
Cabinet. .
Unless' othelwis'e specified in this Agreemen~ all m1icles of
the Working Conditions and Employee Benefits Agreement
apply to employees covered by this Agreement.
Article 1- UFork Unit and Employees Covered
Detaile~ and specific description of work unit and employees
OOW~ .
Article 2 -Hours o/Work
2.1 Detailed descrz'ption of the regular hours of work with
an attached schedule where appropriate.
2.2 Article 10.2 of the Working Conditions and Employee
Benefits Agreement shall not apply to employees' cov-
ered by thi~ compressed work week agreement,
Article 3 = Overtime
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working periods specifieu.'in Article 2,1 or on scheduled
day(s) off will be compensated for in accordance with.
Article 13 (Overtime) of the Working Conditions and
Employee Benefits Agreement,
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Article 4 - Holiday Payment
4.1 Where an employee works on a holiday specified in
Article.48 (Holidays) and opts for compemating leave
under Article 19.2, he may elect, at that time, to
receive, in addition to his entitlement under 19.2, fur~
ther leave equal to the difference between the number
of hours in the employee's normal work day and his
entitlemel1:t under 19.2. Where an employee makes this
election, there shall be deducted from the employee's
pay for time worked under 19.1, tin amount equal to
the number of additional hOllrs of leave granted under
this article, .
(Additional leave to be detemlined by length of regular
work day. For an employee on Schedule 4, whose regu-
lar work day is 10 hours and who works 10 hours on a.
holiday:
Entitlement under 19.110 hr.@ double time .
= 20 hr. (straight time)
Entitlement under 19,2
= Bhr.
Jt'here an employee elects additional leave under this'
article -
Entitlemenlllllder 19,2
= Bltr.
Additional leave under this afticle
(10 hr. - 8 hr.) = 2 h;,
Reduced entitlement under 19.1
Article 5 - Short Term Sickness Plan
and Vacation Credits
= 1B hr,)
5.1 Short Terrn SickneJs . Employees shall be entitled to
full pay. for the first (43.112 or 48) hours of absence
due 10 sicklless or injury and seventy-five percent
(75%) for the next (899 or 992) hours a/absence due
10 sickness or iI/jury, Employees. may exercise their
oplioJl under st~clion 52.6 of Arlicle 52 of the Working
Condition'! alld Employee Bellcfits Agreement by
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for each (7-1/4 or 8) hours of absence.
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5.2' Vacation Credits - A deduction from all employee's
vacation credits will be made [or each day of approl/eq
vacation leave-ofabsence as roll~)ws:
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(Prorating determined by length of workday. For an
employee on Schedule 4, of[ on a ten (10) hour day,
deduct 10/8 x 1 credit ~ 1.25 credits. For an employee
011 Schedule 4, off on a twelve (12) hour day, deduct
12/8 x 1 Cl'edit "='. '1.5 credits.)
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A parlial dais absence will be prorated on .the same
fomwla;
Art/de 6 - Workers' Compensation
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6.] For the pUJposes of section 54,2 of Article 54 of the
Working Conditions and Employee. Benefits Agreement
<(sixty-five (65) working ,days" shall be deemed to be
(471.1/4 or 520) hours.
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Article 7 - Training Assignments
7.1 When an employee covered by this compressed work
week agreement attends a training program, the
Employer may change the employee's scheduled ho.urs
of work to lite greater of:
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(i) 7.1/4 or 8 hours pe~ day, as applicable} or
(ii)' the actual number of hours spent receiving training, .
for each day that the employee participates in the train-
ing program,
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7.2.1 U1zere the change prescribed in 7.1 results in f~wer or
more hours than lhe employee was previously schf!d-
uled to work on the day(s) in questioll, the ((extra" or
lrdeficil'} hours shall be reduced to zero within 60 work-
ing days o{the completion o[ tbe training program}
without allY loss of pay by the employe~ or overtime
payments by the Employer, as follows:
(i)
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the employee shall be required to work a carre- ".'
spon'ding number of hours to make up for allY ~
deficit hours; or. - ~
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(ii) the employee shall be scheduled off duty for a
corresponding number of hours to offsel any extra
hours.
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7.8.1
7,8.2
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7,2.2 Where there is f1lUI'uat!tlreemenJ, an employee may
receive pay at his basic hourly rate for extra hOllrs in
lieu of being scheduled off duty in accordance with
7,2,] (ii).
7.2.3 Where all ,employee's extra hOllrs have not been
reduced to zero wilhin 60 working days in accordance
with 7.2,], any sllch hours remaining to./he employees
credit shall be paid at the employees f;asic hourly rate.
Article 8 .'~ Special & Compassionate and Berea'vement
Leave
Such leaves are not to be prorated,
Article 9 - Tenn
9,] This Agreement shall be ( x months, until either party
notifies Ihe olher of ils desire to renegotiate, elc,) and
will be effectiv~ from Ihe (day) of (month),]9 to the
(day) of (month), 19 ,
9.2 Either party may, on written notice of (days, weeks) to
the other pm1y, terminate this Agreement.
'DATED THIS
DAY OF
, 19
For The Ontario Public Setvice Employees Union
For th~ Ministry of .
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