Cs Collective Agreement Personal Day

B15.01 Unpaid leave is granted for personal needs as follows: 13. Regardless of the framework defined by the legislation and the collective agreement, there are restrictions on the type of information an employer can obtain and the methods used to obtain it. 20. Leave for a worker`s medical and dental appointments may be supported by an explicit language in the collective agreement. Or depending on the nature of the illness or the state of health at the time of discharge, the application may be covered by the sick leave plan. If the agreement is silent with respect to a worker`s medical or dental appointments, access to leave may fall under a general provision of “other leave with or without pay”. In most cases, the application of such a clause is left to the employer`s discretion. (1) A worker`s right to privacy must be taken into account by the employer`s right to provide the right to benefit under the collective agreement (for example.B. sick leave with pay) or an employer`s obligations under the applicable law (for example). B health and safety legislation or human rights legislation). 22. Most collective agreements provide for an advance on sick leave credits when a worker does not have or does not have credit to cover sick leave with a salary. If the provision states that it is “left to the discretion of the employer” and is not qualified to exercise its discretion, the employer`s discretion is considerable.

To intervene in an employer`s decision, an arbitrator would have to find evidence of bad faith on the part of the employer or a lack of rationality so blatant and obvious that it can only be attributed to bad faith. If the agreement contains this type of discretionary language, there is no vested right to an advance on sick leave credits on the basis of past practice, the employer is not required to declare in advance the future refusal in advance and evidence of a difference in treatment between the workers may not be sufficient to complete the test of “bad faith”. 9. Unless otherwise stated in the collective agreement, the employer has the right to request additional information to determine the right to sick leave with remuneration. This is particularly the case in the case of a “… to meet this condition in a manner and on a date set by the employer.¬†However, these requests for additional information must be timely, practical and proportionate. The employer must apply at a time that allows a physician to certify a worker`s condition during the period during which the leave is required or to give a worker sufficient time to comply with the specific request. The employer must indicate the type of evidence it requires. The employer must set appropriate limits on the nature of the information necessary so as not to unduly violate a worker`s privacy. The employer must take due account of the information it receives or otherwise disposes of in determining whether or not there is a right to compensation. For a worker who enters into the required hours of work in accordance with point B1.12, the contract is managed as follows: -Effective April 1, 2018, the “voluntary leave” clause is removed from the collective agreement. Subject to employer requirements and with at least five (5) days` notice, fifteen (15) periods of paid rest are granted to the worker for personal reasons.

This leave can be taken in seven decimals of five (7.5) hours or three decimal hours of seven (3.75) hours each. 3. Arbitrators amended disciplinary sanctions if presented with evidence of the employee`s mental state at the time of the offence. These include domestic and emotional problems, alcoholism and gambling, physical pain or physical conditions, or illegitimate instructions or treatments from a supervisor.

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