27.01 Medical and Dental Appointments: The University and the Union recognize that every attempt will be made to arrange medical and dental appointments outside of normal working hours. However, it is realized that in certain situations it may not be possible to make appointments outside of working hours. If Employees are unable to make appointments outside of normal working hours, such time is to be deducted from accumulated sick leave credits and will be calculated to the nearest one-half (½) hour.
27.02 Sick Leave: University recognizes that unavoidable absences may occur because of illness or accident and for this reason provides a sick-leave benefit that provides income protection during these situations.
27.02.1
a) Sick-leave means the period of time an Employee is absent and unable to work because of illness, disability, or injury for which the Employee is not receiving Workers’ Safety and Insurance Board (WSIB) benefits, or any other compensation for loss of earnings.
b) During an approved WSIB Lost Time Leave, the University will compensate an Employee the difference between their regular salary and the amount received from the Workplace Safety and Insurance Act in accordance with the Wilfrid Laurier University Workplace Injury Accommodation Practice. This equivalent amount compensated shall be deducted from, and be limited to, the Employee’s sick leave credit balance.
c) Employees are also eligible to use their sick leave to a maximum of three (3) days per calendar year when prevented from attendance at work in order to attend a child, spouse, parent, or sibling who is sick and dependent upon the employee for health care. In exceptional circumstances, a Manager may approve additional sick leave; such approval will not be unreasonably denied. The employee may be required to verify the basis for the absence by providing supporting documentation. If a physician’s statement is requested, the University will reimburse the Employee for up to thirty dollars ($30) per certificate.
27.02.2 All full-time Employees will accumulate sick-leave credits as follows:
a) New Employees will be credited with twenty (20) days after their first day of employment; and
b) Employees will be credited with an additional one and one half (1½) days for each month in which work was actually performed or in which the Employee was absent on vacation, or a paid leave, except sick leave.
c) These credits will accumulate to a maximum of one hundred and five (105) working days.
27.02.3 All part-time Employees will accumulate sick-leave credits as follows:
a) new Employees will be credited with ten (10) days after their first day of employment; and
b) Employees will be credited with an additional day for each month in which work was actually. These credits will accumulate to a performed or in which the Employee was absent on vacation, or a paid leave, except sick leave.
c) These credits will accumulate to a maximum of one hundred and five (105) working days.
27.02.4 For the purpose of this Article, one (1) day is defined as a period equal to the Employee’s normally scheduled daily work period.
27.02.5 During the first one hundred and twenty (120) consecutive calendar days of absence due to the Employee being unable to perform their job due to illness, disability, injury, or recuperation Employees will receive:
a) One hundred percent (100%) of their salary in effect at the time of absence for the period equal to the number of sick-leave credits accumulated at the time of absence subject to the completion of a Medical Certificate of Disability acceptable to the University in accordance with the Sick Leave and Disability Management Policy; or
b) For absences greater than five (5) consecutive working days and where no sick- leave credits are available, Employees will be eligible to receive sixty-six and two- thirds percent (66⅔ %) of their current salary in effect at the time of absence where no sick-leave credits are available, subject to the completion of a Medical Certificate of disability acceptable to the University in accordance with the Sick Leave and Disability Management Policy.
27.02.6 If an absence is due to the same illness or injury within thirty (30) days of returning from the original absence, it will be classified as a continuation of the same absence and only the balance of the unused portion will apply. An Employee will be required to provide the University with a Medical Certificate of Disability verifying the illness or injury, in accordance with the Sick Leave and disability Management Policy. The University will reimburse the Employee up to fifty dollars ($50) for the cost of the Medical Certificate of disability, or another amount as determined by the University.
27.02.7 Should the absence extend beyond one hundred and twenty (120) consecutive calendar days, those Employees enrolled in the University’s Long-Term Disability Plan will apply for benefits under that plan. Employees not enrolled in the University’s Long-Term Disability Plan may make application for Employment Insurance benefits.
27.02.8 An employee’s accumulated sick-leave credits will be reduced equal to the period of absence due to sickness or injury.
27.02.9 Benefits coverage and applicable premium payments by the Employee and the University will continue during periods of paid sick-leave.
27.02.10 For the first thirty (30) calendar days of a sick leave without pay, the benefit coverage and premium payments by the University and the Employee will not change. After the first thirty (30) calendar days the Employee will be required to make both the Employee and University contributions toward the cost of the available benefits that the Employee wishes to continue, and will advise the University in writing of their intention to do so. The University will continue to make employer contributions to the Pension Plan unless the Employee has advised the University in writing that the Employee does not wish to continue to make the Employee contributions. The Human Resources department will consult with the Employee regarding the ramifications of discontinuing contributions to the Pension Plan. While on leave, benefit levels will be based on the employee’s reference salary, unless otherwise stated in this Article.
27.02.11 When an absence exceeds five (5) consecutive working days, the Employee will be notified by Human Resources and will be required to have their physician complete and submit a Medical Certificate of Disability verifying the illness or injury, in accordance with the Sick Leave and disability Management Policy.
27.02.12 The University will reimburse the Employee up to fifty dollars ($50) for the cost of the Medical Certificate of Disability or the Frequent/Patterned Absences Referral Form or another amounts as determined by the University.
27.02.13 Refusal to comply with these requirements may result in a denial of paid sick leave during the period of absence.
27.02.14 If, during their vacation period, an Employee is hospitalized or suffers a medically documented incapacitating illness or injury in circumstances under which they would have been eligible for leave under this Article, they will be granted leave and their vacation pay accredits will be restored to the extent of any concurrent leave granted.
27.02.15 Casual/temporary Special Constables shall have access to leaves as defined in the Employment Standards Act, 2000.
27.03 Leave Without Compensation
27.03.1 The University recognizes that employees may, on occasion, desire, or need, to take a temporary, unpaid leave of absence from their regular duties for various personal reasons.
27.03.2 Leaves may not exceed one year and are subject to written approval from the employee’s Manager.
27.03.3 Vacation and sick leave credits will not accumulate during unpaid leaves of more than 30 days.
27.03.4 If the unpaid leave is for 30 calendar days or fewer, benefit coverage and premium payments will not change. If the unpaid leave is for more than 30 calendar days, the employee will be required to make both the employee and the university’s contributions toward the cost of the available benefits that the employee wishes to continue during the leave. The University will continue to make employer contributions to the Pension Plan unless the employee has advised the University that they do not wish to continue to make the employee contributions.
27.03.5 To apply, the employee must submit a written request to their Manager at least 3 months in advance of the starting date of the unpaid leave. This request should outline the start date, end date and purpose of the request for a leave. A copy should be submitted to Human Resources.
27.03.6 The employee’s Manager should respond in writing within two weeks and specify whether the unpaid leave has been granted or denied with a copy to Human Resources. Approval of such an unpaid leave is at the discretion of the Manager and should take into account various factors, including the merits of the case, whether the position can be adequately filled in your absence and the effect on the department.
27.03.7 If the unpaid leave is granted, a forwarding address for correspondence should be relayed to the Manager and Human Resources for future reference. At least 4 weeks written notice should be given if the employee plans to request an extension, return early or not return at all.
27.04 Personal Leave
27.04.1 Employees may be granted a Personal leave without loss of compensation and benefits of up to three (3) working days per fiscal year by their Manager, to accommodate absence resulting from, but not limited to:
a) illness in the immediate family,
b) relocation of a household,
c) preparation for and writing exams,
d) legal appointments,
e) major property damage caused by fire or some other personal disaster
f) additional Bereavement Leave as required
g) the observance of religious holidays that are not identified as Paid Holidays under this Collective Agreement.
27.04.2 Personal leave days should be approved in advance with the employee’s Manager whenever possible. Requests should include the date, amount of time required, and the reason for the leave.
27.05 Bereavement Leave
27.05.1 In the event of a death in an Employee's immediate family, defined as spouse as per Article 2 (Definitions), son, daughter, children of the Employee's spouse, children of common-law spouse, step-children, ward, guardian, brother, sister, and parent, an Employee will be entitled to a leave of absence with full compensation and benefits for up to five (5) consecutive working days.
27.05.2 In the event of a death of a non-immediate family Employee, defined as father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandchild, grandmother and grandfather, and grandparents of the Employee's spouse, the Employee will be entitled to a leave of absence with full compensation and benefits for up to three
(3) consecutive working days.
27.05.3 A leave of absence with full compensation and benefits of one (1) day may be granted if an Employee is unable to attend the funeral of an Employee of the immediate family because of distance, but requires the day to make funeral arrangements and/or to attend a local service.
27.05.4 In the case of the death of a close friend or relative not mentioned in this Article, a leave may be granted in accordance with Article 28.04 (Personal Leave).
27.05.5 If extensive travel is required to attend the funeral of a family Employee, an additional leave with full compensation and benefits to a maximum of two (2) days may be granted.
27.05.6 Where bereavement in accordance with this Article occurs during an Employee's vacation period, the Employee may substitute bereavement leave for the period in question provided that the Employee contacts their immediate supervisor during the vacation period and provides evidence satisfactory to the supervisor. The Employee would then be eligible to schedule the unused portion of their vacation at a later date.
27.06 Pregnancy/Parental/Adoption Leave
27.06.1 An employee who is pregnant will be entitled, upon their application to their supervisor, to a leave of absence of seventeen (17) weeks, or such shorter leave as she may request, commencing during the seventeen (17) weeks immediately preceding the estimated birth date, provided that the employee has been employed by the University for at least thirteen (13) weeks before the expected birth date. Pregnancy leave must be taken as one continuous period.
27.06.2 All employees, who have been employed by the University for at least thirteen (13) weeks prior to the birth of a child or before a child comes into the parent’s custody for the first time, will be entitled to a standard parental/adoption leave of up to thirty-five (35) weeks or an extended parental benefits maximum of sixty-one (61) weeks.
27.06.3 The Parental Leave of a Member who has taken Pregnancy Leave will commence immediately upon the completion of their Pregnancy Leave or when the baby first comes into the custody, care and control of the parent. For other parents, including adoptive parents, Parental Leave will commence within seventy-eight (78) weeks of the birth or after the child first comes into the custody, care and control of a parent. The provisions of the Parental Leave will be in accordance with the Employment Standards Act, 2000 and as amended from time to time.
27.06.4 Employees may decide to take a shorter leave if they wish. However, once an employee has started parental leave, they must take it all at one time.
27.06.5 An employee must give the university at least two (2) weeks written notice before beginning a pregnancy and/or parental/adoption leave. After the leave has started, the employee must give written notice at least four (4) weeks before the date any change in plans will occur. This notice should indicate the start date of the leave and the return to work date.
27.06.6 Benefit Continuation During Pregnancy/Parental/Adoption Leave
a) During pregnancy and/or parental/adoption leave the University will continue the employee’s benefits coverage, unless the plan is contributory and the employee has elected to discontinue contributions. The University will also continue to make employer contributions to pension plan unless the employee has advised in writing that they do not wish to continue to make their contributions. Human Resources will provide employees with payment options prior to their leave.
b) Vacation credits and sick leave credits will continue to accrue while an employee is on pregnancy and/or parental/adoption leave.
27.06.7 Supplementary Employment Benefits for Pregnancy and Parental/ Adoption Leave
a) During pregnancy and parental/adoption leaves eligible continuing employees may be entitled to a supplementary employment benefit. A supplementary employment benefit is an additional payment made by the university to an eligible employee to supplement the pregnancy and parental benefits provided by the government. Eligible employees shall receive the supplementary employment benefits as follows:
b) Pregnancy Leave
During the period of pregnancy leave, an employee is entitled to 100% of their full Reference Salary for the first two (2) weeks and the amount equal to the difference between the Employment Insurance benefits received and 95% of their full reference salary for a maximum of fifteen (15) additional weeks.
c) Parental/Adoption Leave
During the period of parental/adoption leave, employees shall be entitled to the supplementary benefit as follows:
i) Employees who have received supplementary benefits for pregnancy leave and who have been employed by the University for at least twelve (12) months immediately preceding the birth of a child shall receive an amount equal to the difference between the Employment Insurance benefits received and ninety-five percent (95%) of the employee’s reference salary for up to twelve (12) weeks.
ii) Employees who have not received supplementary benefits for a pregnancy leave will be eligible to received one hundred percent (100%) of the employee’s full reference salary for the first two (2) weeks of parental leave and an amount equal to the difference between the Employment Insurance benefits received and ninety-five percent (95%) of the employee’s reference salary for the next ten (10) weeks of parental leave.
d) During periods of the extended parental leave for up to eighteen (18) months provides a reduced amount of Employment Insurance Benefits (a maximum Employment Insurance Benefit rate of thirty three percent (33%) spread over the extended leave period as opposed to the standard parental leave of the maximum Employment Insurance Benefit rate of fifty-five percent (55%) of average weekly earnings). Employees will be entitled to a supplementary benefit as identified above. The University will assume an employee will be receiving the maximum EI benefit amount period of twelve (12) months regardless of the length of parental leave the employee elects to take.
e) Payment of Supplementary Benefits: To receive the supplementary benefit, eligible employees must supply the University with proof of application to Employment Canada EI. The Payment of the benefit shall be as follows:
i) The University will estimate the payment amount of the EI and provide a supplementary payment to the employee on the usual salary payment schedule. This supplementary payment will be regarded as an advance.
ii) Upon receipt of their EI statement, the employee shall provide Human Resources with a copy of this statement.
iii) The subsequent payments to the employee shall be adjusted, up or down, to reflect the actual supplementary benefit payable.
f) Failure to provide Human Resources with the EI statement within a reasonable timeframe after the commencement of the leave and the receipt of the EI statement may result in the delay or cessation of the supplementary benefit payment.
g) An employee who fails to return to work for a minimum period of six (6) months or on a reduced workload for an equal number of hours, pro-rated over a longer period of time not to exceed twelve (12) months following the expiration of the pregnancy and/or parental/adoption Leave, may be required to repay the supplementary benefit they have received, except when the employee has provided satisfactory evidence of illness of the employee or child or when the employee is laid off.
27.07 Post-Natal Leave: At the request of a parent who does not take pregnancy leave, the University will grant up to five (5) days of paid leave within four (4) weeks of the delivery date, provided that the employee has been employed by the University for at least thirteen (13) weeks immediately preceding the day of delivery. This request must be given to the employee’s manager at least two (2) weeks prior to the commencement of the leave.
27.08 Extended Parental Leave
27.08.1 An Extended Parental Leave without compensation, up to a maximum of fifty-two (52) weeks, may be given to an Employee who has been employed by the University for at least fourteen (14) months immediately preceding the commencement of a Parental Leave. Extended Leave will commence immediately upon the completion of a Parental Leave. The employee will give a written request to their immediate Manager at least three (3) months prior to the commencement of the Extended Parental Leave.
27.08.2 During an Extended Parental Leave the employee will be required to make both the employee and the University contributions toward the cost of the available benefits that the employee wishes to continue and will advise the University in writing of their intentions to do so. The University will continue to make employer contributions to the Pension Plan unless the employee has advised the University in writing that they do not wish to continue to make the employee contributions.
27.08.3 Vacation and sick leave credits will not accumulate during an extended parental leave.
27.09 Court Duty Leave: A leave of absence will be granted if you are called for jury duty or subpoenaed as a witness in a court proceeding that is not related to your employment. The University will pay the difference between your normal earnings and the payment received for jury service or duty as a court witness, excluding payment for travel, meals, or other expenses. Such payment by the University is contingent on satisfactory proof of attendance in court.
27.10 Military Leave
27.10.1 An employee is entitled to a leave of absence without compensation if the employee is a reservist and will not be performing the duties of their position:
a) the employee is deployed to a Canadian forces operation outside Canada; or
b) the employee is deployed to a Canadian forces operation inside Canada that is or will be providing assistance in dealing with an emergency or with its aftermath; or
c) on military training for a maximum of two (2) weeks training per year.
27.10.2 Upon return to work, an Employee who is a reservist and who was deployed to a Canadian Forces operation outside the country or to an operation inside Canada that provided assistance in dealing with an emergency will resume their former position, provided that it still exists, with the full salary and benefits. If their former position no longer exists, Position Redundancy will apply.
27.10.3 Employees must provide at least four (4) weeks’ notice, in writing, to the Director before beginning the leave. The granting of permission for the leave will not be unreasonably withheld, provided that the leave can be reasonably accommodated.
27.10.4 For the first 30 calendar days of the leave, benefits coverage, and premium payments by the employee and the University will not change. After the first 30 days, the University will no longer contribute towards university benefits, but will permit and facilitate continuance of the available coverage if desired and the employee will pay the applicable premiums.
27.11 Citizenship Leave: An Employee becoming a Canadian citizen will be entitled to a full day with no loss of compensation and benefits in order to attend the citizenship proceedings.
27.12 Election Leave: Employees are entitled to a period of four consecutive hours for the purpose of voting during polling hours on Election Day for a Federal Election. In provincial and municipal elections, the entitlement is three (3) consecutive hours.
27.13 Compassionate Leave
27.13.1 Employees who care for a terminally ill family Employee under the terms of the Employment Insurance Act and who apply and are approved for EI benefits are eligible for a supplementary employment benefit as follows:
a) One hundred percent (100%) of reference salary for two weeks, and
b) For up to an additional six weeks, an amount equal to the difference between the Employment Insurance benefits received and ninety-five percent (95%) of the reference salary.
27.13.2 To receive this supplementary benefit, the Employee must supply the University with proof of application to Employment Insurance (EI).
27.13.3 During a Compassionate Leave the University will continue the employee’s benefits coverage, unless the plan is contributory and the employee has elected to discontinue contributions. The University will also continue to make employer contributions to pension plan unless the employee has advised in writing that they do not wish to continue to make their contributions. Human Resources will provide employees with payment options prior to their leave.
27.14 Professional Leave/Education Advancement
27.14.1 The University recognizes the importance of human resources development and therefore may authorize Professional Leave/Education Advancement to improve the effectiveness and efficiency of its employees and to provide opportunities for personal growth.
27.14.2 A professional leave may be granted for either enhancement of experience and/or knowledge, or acquisition of new skills.
27.14.3 An education advancement leave may be granted for the completion of either a college or university education.
27.14.4 Employee’s having five (5) or more years of service with the University are eligible to apply for a professional development leave or education advancement leave for a period not to exceed six (6) months or two (2) years, respectively. Throughout this approved leave period, the employee will receive a percentage of their salary which will depend on the type of leave granted by the university.
27.14.5 Eligible Employees may request, in writing, to their immediate Manager, a professional development or education advancement leave. The request must set out the objectives for the leave, the start date, the proposed length of absence, and the expected benefits to both the employee and the university. Application must be made three (3) months prior to the commencement of the leave.
27.14.6 Employees will be notified of the granting, denial or deferral of a professional leave or education advancement leave within two (2) months of making the application.
27.14.7 Throughout the leave period, the employee will receive a percentage of their salary, as outlined below. This payment will be made on the regular pay cycle.
a) for Professional Development Leaves which will directly enhance employee performance or competence in their existing position, as outlined in the proposal submitted, the employee will receive seventy-five (75%) percent of their reference salary.
b) for Education Advancement Leaves which will provide a formal post-secondary education opportunity and will lead to a degree or diploma, the employee will receive twenty-five (25%) percent of their reference salary during the approved leave.
27.14.8 For the first thirty (30) calendar days, the benefit coverage and premium payments by the University and the employee will not change. After the first thirty (30) calendar days, the employee will be required to make both the employee and the university’s contributions toward the cost of the available benefits that the employee wishes to continue during the leave. The University will continue to make employer contributions to the Pension Plan unless the employee has advised the University that they do not wish to continue to make the employee contributions.
27.14.9 While on leave, benefit levels will be based on the employee’s reference salary in the year prior to the leave. The continuation and coverage under the Long Term Disability Plan shall be based on the employee’s actual salary.
27.14.10 Vacation accrual and sick leave credits will not accrue during the leave period.
27.14.11 An employee who wishes to return from their leave prior to the original date of return will notify their Manager in writing at least four (4) weeks in advance, giving that revised date of return.
27.14.12 Upon completion of the leave, employees must return to their position for a minimum of one (1) year or, failing this, they will be required to reimburse the University for any salary received during the leave.
27.14.13 Upon return to work from leave, the employee will resume their former position, provided that it still exists, with full salary and benefits. If the position no longer exists, the employee will follow the position redundancy process.
27.15 Union Leave
27.15.1 Union Leave
a) Subject to operational requirements, and the approval of the Director, Special Constable Service, and upon the written request at least 14 days in advance, leaves of absence to attend union functions may be granted provided such leaves will not incur overtime by the employer. Leaves of absence under this article shall apply to no more than one employee at a time who has been elected or appointed by the Union to attend Union meetings, conferences, conventions, and seminars. The leave of absence is to be confined to the actual duration of the event and necessary travel time. Leaves under this article shall not exceed ten (10) days in any calendar year for the bargaining unit. Requests for leave under this article shall not be unreasonably denied. The Union will reimburse the University for the cost of all wages and benefits incurred during this leave.
b) The University agrees to grant the Union during each contract year a total of forty
(40) hours paid leave of absence with normal pay and benefits for the bargaining unit for the purpose of conducting the business of the union local and to attend union meetings. Requests for such leave of absence shall be submitted in advance and in writing to the Manager, Special Constable Service and will be subject to supervisory approval and operational requirements, which shall not be unreasonably withheld. Seniority shall accrue during the period of leave.
27.15.2 Leave for Executive Board Members: Full-time Position: When an employee is elected or appointed to a full-time position with OPSEU, the Employer shall grant a leave of absence without pay and continuation of benefit coverage paid by OPSEU and without loss of seniority for the duration of such leave. At the end of the assignment, the employee shall, upon eight (8) weeks’ of notice be returned to the position held immediately prior to the commencement of the leave or to a comparable position with no decrease in pay should the original position be eliminated.
27.15.3 Leave of absence with no loss of pay and with no loss of credits shall be granted to an employee elected as an Executive Board Member of the Union. The Union will reimburse the Employer for the cost of normal pay and benefits paid to the employee.