O. Reg. 275/13: SICK LEAVE CREDITS AND SICK LEAVE CREDIT GRATUITIES

Link to law: http://www.ontario.ca/laws/regulation/r13275
Published: 2013-10-10

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ONTARIO REGULATION 275/13

made under the

EDUCATION ACT

Made: October 9, 2013
Filed: October 10, 2013
Published on e-Laws: October 10, 2013
Printed in The Ontario Gazette: October 26, 2013


Amending O. Reg. 1/13

(SICK LEAVE CREDITS AND SICK LEAVE CREDIT GRATUITIES)

1. (1) Subsection 0.1 (1) of Ontario Regulation 1/13 is amended by adding the following definition:

“teachers’ bargaining unit” has the same meaning as in subsection 277.1 (1) of the Act. (“unité de négociation d’enseignants”)

(2) Paragraph 1 of subsection 0.1 (2) of the Regulation is revoked and the following substituted:

1. Group A: An employee who is in a bargaining unit represented by the Elementary Teachers’ Federation of Ontario or the Ontario Secondary School Teachers’ Federation, an employee who is in a bargaining unit represented by the Association des enseignantes et des enseignants franco-ontariens, an employee who is a principal or vice-principal, or an employee of an English-language public board or a French-language district school board who is in a bargaining unit represented by one of the following bargaining agents:

i. Association of Professional Student Services Personnel.

ii. Canadian Office and Professional Employees Union, Ontario.

iii. Educational Assistants Association of Waterloo Region District School Board.

iv. Educational Resource Facilitators of Peel.

v. Essex and Kent Counties Skilled Trades Council.

vi. Halton District Educational Assistants’ Association.

vii. Maintenance and Construction Skilled Trades Council.

viii. Ontario Public Service Employees Union.

ix. Service Employees International Union.

x. Unifor.

(3) Subsection 0.1 (2) of the Regulation is amended by adding the following paragraph:

3.1 Group C.1: An employee of an English-language Roman Catholic board who is in a bargaining unit, other than a teachers’ bargaining unit, represented by one of the following bargaining agents:

i. Association of Professional Student Services Personnel.

ii. Canadian Office and Professional Employees Union, Ontario.

iii. Custodian Association of Huron Perth.

iv. Dufferin-Peel Educational Resources Workers’ Association.

v. Labourers’ International Union of North America.

vi. Ontario Public Service Employees Union.

vii. Service Employees International Union.

viii. Unifor.

ix. Unite Here.

2. (1) Section 1 of the Regulation is amended by adding the following subsections:

(2.6) Subject to subsection (2.7), an employee in group C.1 shall be eligible for the sick leave credits described in subsection (2.2) during a board’s fiscal year.

(2.7) If an election is made under subsection (2.3) in respect of employees in group C, one of the following rules applies to the employees in group C.1:

1. If, as a result of the election, some of the board’s employees in group C are eligible for the sick leave credits described in subsection (2) and others continue to be eligible for the sick leave credits described in subsection (2.2), a bargaining agent for a bargaining unit of employees in group C.1 shall elect, on or before October 31, 2013, whether such employees are to be eligible, as of September 1, 2013, for the sick leave credits described in subsection (2) or those described in subsection (2.2).

2. If, as a result of the election, all of the board’s employees in group C are eligible for the sick leave credits described in subsection (2), the employees in group C.1 shall, as of September 1, 2013, no longer be eligible for the sick leave credits described in subsection (2.2) and shall instead be eligible for the sick leave credits described in subsection (2).

(2) Subsection 1 (3) of the Regulation is amended by adding the following paragraphs:

3. A bargaining unit, other than a teachers’ bargaining unit, represented by the Association des enseignantes et des enseignants franco-ontariens.

4. A bargaining unit, other than a teachers’ bargaining unit, represented by the Elementary Teachers’ Federation of Ontario.

5. A bargaining unit represented by one of the following bargaining agents:

i. Association of Professional Student Services Personnel.

ii. Canadian Office and Professional Employees Union, Ontario.

iii. Custodian Association of Huron Perth.

iv. Dufferin-Peel Educational Resources Workers’ Association.

v. Educational Assistants Association of Waterloo Region District School Board.

vi. Educational Resource Facilitators of Peel.

vii. Essex and Kent Counties Skilled Trades Council.

viii. Halton District Educational Assistants’ Association.

ix. Labourers’ International Union of North America.

x. Maintenance and Construction Skilled Trades Council.

xi. Ontario Public Service Employees Union.

xii. Service Employees International Union.

xiii. Unifor.

xiv. Unite Here.

(3) Section 1 of the Regulation is amended by adding the following subsection:

(3.1.1) An employee in a teachers’ bargaining unit represented by the Elementary Teachers’ Federation of Ontario is eligible for additional sick leave credits for a fiscal year, but only if all of the following circumstances exist:

1. Under a collective agreement that was in effect on August 31, 2012, the employee was required to wait more than 131 days before being eligible for benefits under a long-term disability plan.

2. The collective agreement did not allow the employee the option of reducing that waiting period.

3. The waiting period commences on or before December 31, 2013.

(4) Subsection 1 (3.2) of the Regulation is amended by striking out “subsection (3.1)” in the portion before the equation and substituting “subsection (3.1) or (3.1.1)”.

(5) Subsection 1 (7) of the Regulation is revoked and the following substituted:

(7) The references in the following provisions to an adjudicative process agreed to by the employee and the board shall be read as references to the adjudicative process set out in the “Memorandum of Understanding between the Ministry of Education and the Ontario English Catholic Teachers’ Association (OECTA)”, dated July 5, 2012.

1. Subparagraph 2 i of subsection (2.2)

2. Subparagraph 2 i of subsection 1.1 (4).

3. Subparagraph 2 i of subsection 1.1 (7).

3. Section 1.1 of the Regulation is amended by adding the following subsections:

(12) Subject to subsection (13), an employee in group C.1 shall be eligible for the sick leave credits described in subsection (4) or (7), as the case may be, during a board’s fiscal year.

(13) If an election is made under subsection (9) in respect of employees in group C, one of the following rules applies to the employees in group C.1:

1. If, as a result of the election, some of the board’s employees in group C are eligible for the sick leave credits described in subsection (2) or (5), as the case may be, and others continue to be eligible for the sick leave credits described in subsection (4) or (7), a bargaining agent for a bargaining unit of employees in group C.1 shall elect, on or before October 31, 2013, whether such employees are to be eligible, as of September 1, 2013, for the sick leave credits described in subsection (2) or (5) or those described in subsection (4) or (7).

2. If, as a result of the election, all of the board’s employees in group C are eligible for the sick leave credits described in subsection (2) or (5), as the case may be, the employees in group C.1 shall, as of September 1, 2013, no longer be eligible for the sick leave credits described in subsection (4) or (7) and shall instead be eligible for the sick leave credits described in subsection (2) or (5).

4. Section 5 of the Regulation is revoked and the following substituted:

When regulation ceases to apply

5. (1) Subject to subsection (2), this Regulation ceases to apply in respect of an employee of a board after August 31, 2014.

(2) If, on September 1, 2014, an employee is in a bargaining unit in respect of which notice of a desire to bargain has been given under section 16 or section 59 of the Labour Relations Act, 1995 and no collective agreement is in operation, this Regulation shall continue to apply in respect of the employee until the earliest of the following occurs:

1. A collective agreement is in operation.

2. The Minister appoints a conciliation officer or a mediator under the Labour Relations Act, 1995, and,

i. seven days elapse after the Minister releases to the parties the report of a conciliation board or mediator, or

ii. 14 days elapse after the Minister releases to the parties a notice that he or she does not consider it advisable to appoint a conciliation board.

3. The right of the trade union, as defined in subsection 1 (1) of the Labour Relations Act, 1995, to represent the employees is terminated.

Commencement

5. This Regulation is deemed to have come into force on September 1, 2012.

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