30. Sick Leave
30.01 Sick leave means the period of time an employee is absent from work with full pay by virtue of being sick, or having a disability as defined in the Newfoundland and Labrador Human Rights Act, 2010, or quarantined by virtue of being exposed to a contagious disease.
30.02 Sick leave benefits for prolonged periods of disability are provided under the Long Term Disability (Salary Continuance) Plan, and membership in this Plan is compulsory. An employee will be entitled to receive full salary from the University during the waiting period before the employee becomes eligible for benefits under this Plan.
Once an employee has been off on approved sick leave for 30 calendar days, the Employer shall provide that employee with the necessary forms to apply for benefits under the Long-Term Disability Plan.
Employees returning from a sick leave absence greater than 30 days are required to provide a two-week notice period to their Supervisor prior to their return to the workplace. Satisfactory completion of a Functional Assessment Form indicating medical clearance may be required.
30.03 Sick leave benefits for lesser periods will be granted in accordance with the
following:
- A “Reason for Absence Form” completed and signed by the employee, must be provided to the Department Head through the employee’s immediate supervisor. The Employer reserves the right to require a medical certificate. The nature of illness section of the form is voluntary and employees are not required to provide private, personal or confidential information regarding their illness.
- For periods in excess of four (4) consecutive days, or in excess of ten (10) intermittent days in the aggregate in a fiscal year, an acceptable medical certificate must be provided to the Department Head through the employee’s immediate supervisor. Where the Employer requires further detail regarding an employee’s ability to perform their duties the employee may be required to provide the University’s Functional Assessment Form, to be completed by a medical professional. In instances where an employee is unable to access their personal medical professional(s), they may use the Employer’s third-party medical provider to complete the Functional Assessment Form at no cost to the employee.
- Excessive intermittent use of these benefits will be considered as chronic absenteeism.
- Further to the above, should the Employer require an employee to provide an enhanced medical certificate following a long term sick leave or LTD absence, expenses relating to that form shall be borne by the Employer upon receipt of physician’s invoice.
30.04 Sick leave shall be granted for any illness in excess of four (4) working days which occurs during annual vacation, upon production of an acceptable medical certificate. Such leave must be applied for, and shall be granted upon the recommendation of the Head of the Department and the approval of the Director of Human Resources, or delegate. Approval, when granted, will apply to the total period of such illness. In order for an employee’s annual leave to be converted to sick leave, the employee must contact their supervisor during the period of illness.
30.05 Employees not eligible for participation in the long-term disability plan are entitled to sick leave on a prorated basis for the number of hours worked, up to a maximum of 10 days per fiscal year.
30.06 Denial and/or Cessation of Long Term Disability
When an employee has used available sick leave and is not in receipt of Long Term Disability (LTD), the employee may elect, if the employee is still unfit to return to duty, to receive pay for any unused annual leave and to proceed on leave without pay to a maximum of twelve (12) months unless a longer period is mutually agreed upon between the employee and the Employer. Medical certificates shall be submitted as required by the University. The Employer will defer action pending the resolution of any initiated employee appeal of eligibility for LTD. The Employer will confirm that appeals have expired and will copy the Union on correspondence to employee’s who are approaching the twelve (12) month expiry as set out in this Article.
The above procedure is subject to all parties’ (Union, Employer, Employee) Duty to Accommodate.