O. Reg. 184/13: SICK LEAVE CREDITS AND SICK LEAVE CREDIT GRATUITIES

Link to law: http://www.ontario.ca/laws/regulation/r13184
Published: 2013-06-19

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ontario regulation 184/13

made under the

Education Act

Made: June 18, 2013
Filed: June 19, 2013
Published on e-Laws: June 19, 2013
Printed in The Ontario Gazette: July 6, 2013


Amending O. Reg. 1/13

(SICK LEAVE CREDITS AND SICK LEAVE CREDIT GRATUITIES)

1. Ontario Regulation 1/13 is amended by adding the following sections:

Interpretation

Definitions

0.1 (1) In this Regulation,

“casual employee” means,

(a) a casual employee within the meaning of the collective agreement that applied on August 31, 2012 to the class of employees of which the particular employee is a member,

(b) if clause (a) does not apply, an employee who is a casual employee as agreed upon by the board and the bargaining agent, or

(c) if clauses (a) and (b) do not apply, an employee who is not regularly scheduled to work; (“employé occasionnel”)

“full year long-term assignment” means a long-term assignment for which the period of employment for the position is the same as or longer than the ordinary period of employment for the position; (“affectation à long terme d’une année complète”)

“group” means a group of employees set out in subsection (2); (“groupe”)

“long-term assignment” means, in relation to an employee,

(a) a long-term assignment within the meaning of the collective agreement that applied on August 31, 2012 to the class of employees of which the employee is a member, or

(b) if there was no applicable collective agreement or the agreement did not set out a meaning, an assignment that includes at least twelve days of continuous employment; (“affectation à long terme”)

“ordinary period of employment” means, in respect of a position with a board,

(a) the board’s school year, in the case where employees who perform the type of work that the position involves are ordinarily employed by the board for a period of time that corresponds to the school year; or

(b) the board’s fiscal year, in any other case;  (“période d’emploi normale”)

“part year long-term assignment” means a long-term assignment for which the period of employment for the position is less than the ordinary period of employment for the position. (“affectation à long terme d’une partie d’année”)

(2) For the purposes of this Regulation, the following are groups of employees:

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 teachers’ bargaining unit represented by the Association des enseignantes et des enseignants franco-ontariens, or an employee who is a principal or vice-principal.

2. Group B:  An employee who is in a bargaining unit represented by the Canadian Union of Public Employees.

3. Group C:  An employee who is in a bargaining unit represented by the Ontario English Catholic Teachers’ Association.

4. Group D:  An employee who is not in a bargaining unit, other than a principal or vice-principal.

5. Group E:  An employee who is in any other bargaining unit.

Eligibility for sick leave credits only in accordance with Regulation

0.2 An employee of a board shall only be eligible for sick leave credits in accordance with section 1 or 1.1.

2. (1) Subsections 1 (1), (2) and (3) of the Regulation are revoked and the following substituted:

Eligibility for sick leave credits, permanent employees, etc.

(1) This section applies in respect of an employee who meets any of the following descriptions, other than an employee employed to fill a long-term assignment position:

1. An employee who is in a class of employees that, on August 31, 2012, was eligible to accumulate sick leave credits, which, for greater certainty, includes employees who became members of that class after August 31, 2012.

2. An employee who is employed for more than 24 hours per week and is in a bargaining unit represented by the Elementary Teachers’ Federation of Ontario or the Ontario Secondary School Teachers’ Federation.

3. A permanent employee, other than a casual employee, who is in a bargaining unit represented by the Canadian Union of Public Employees.

(2) An employee in group A shall be eligible for the following sick leave credits during a board’s fiscal year:

1. 11 days of sick leave paid at a rate of pay equal to 100 per cent of the employee’s salary for the year.

2. 120 days of sick leave paid at a rate of pay equal to 90 per cent of the employee’s salary for the year, if the employee’s entitlement to that sick leave has been determined,

i. through the process set out in the collective agreement or employment contract that applied on August 31, 2012 to the class of employees of which the employee is a member, or

ii. if such a process is not set out in the employment contract or collective agreement, in accordance with the board’s practice, as it existed on August 31, 2012.

(2.1) An employee in group B shall be eligible for the following sick leave credits during a board’s fiscal year:

1. 11 days of sick leave paid at a rate of pay equal to 100 per cent of the employee’s salary for the year.

2. 120 days of sick leave paid at a rate of pay equal to,

i. 90 per cent of the employee’s salary for the year, if,

A. for the purpose of providing proof of the sickness or injury, the employee provides reasonable evidence or medical documentation, or

B. in a case where the sickness or injury is of such a nature that the board does not possess the expertise necessary to assess the proof, the employee’s entitlement to that rate has been determined through a third party assessment process, or

ii. 66.67 per cent of the employee’s salary for the year, for all other employees.

(2.2) Subject to subsections (2.3) and (2.4), an employee in group C, D or E shall be eligible for the following sick leave credits during a board’s fiscal year:

1. 11 days of sick leave paid at a rate of pay equal to 100 per cent of the employee’s salary for the year.

2. 120 days of sick leave paid at a rate of pay equal to,

i. 90 per cent of the employee’s salary for the year, if the employee’s entitlement to that rate has been determined through an adjudicative process agreed to by the employee and the board, and,

A. the sick leave credit is used on a work day that is one of five or more consecutive work days on which the employee uses sick leave credits, or

B. the sick leave credit is used in respect of a repetitive or chronic illness, or

ii. 66.67 per cent of the employee’s salary for the year, for all other employees.

(2.3) If the bargaining agent for a bargaining unit of employees in group C so elects, on or before June 30, 2013, the employees shall be eligible, as of a date specified by the bargaining agent that is no later than September 1, 2013, for the sick leave credits described in subsection (2) instead of those described in subsection (2.2).

(2.4) If a board so decides, on or before June 30, 2013, all of its employees in group D shall be eligible, as of a date specified by the board that is no later than September 1, 2013, for the sick leave credits described in subsection (2) instead of those described in subsection (2.2).

(2.5) In making its decision under subsection (2.4), the board shall consider such factors as the extent to which its other employees are eligible for the sick leave credits described in subsection (2) and whether providing the sick leave credits described in subsection (2) would be more cost effective.

(3) Subsection (3.1) applies in respect of employees in the following bargaining units:

1. A bargaining unit represented by the Canadian Union of Public Employees.

2. A bargaining unit represented by the Ontario Secondary School Teachers’ Federation, other than a teachers’ bargaining unit.

(2) Subsection 1 (3.1) of the Regulation is amended by striking out “that is represented by the Canadian Union of Public Employees is eligible for sick leave credits in addition to those provided under subsection (2)” in the portion before paragraph 1 and substituting “that is set out in subsection (3) is eligible for additional sick leave credits”.

(3) Subsection 1 (3.2) of the Regulation is amended by adding “paragraph 2 of subsection (2.1) or paragraph 2 of subsection (2.2)” after “subsection (2)”.

(4) Subsection 1 (3.3) of the Regulation is revoked and the following substituted:

(3.3) An employee in a bargaining unit represented by the Canadian Union of Public Employees is eligible for additional sick leave credits for a fiscal year, but only if, within six weeks after the birth of the employee’s child, the employee will be eligible for maternity benefits under the Employment Insurance Act (Canada).

(5) Subsections 1 (4), (5) and (5.1) of the Regulation are revoked.

(6) Subsection 1 (6) of the Regulation is amended by striking out “subsection (2)” and substituting “subsections (2), (2.1) and (2.2)”.

(7) Subsection 1 (7) of the Regulation is amended by,

(a) striking out “subparagraphs 2 i of subsection (2), 2 i of subsection (4) and 2 i of subsection (5)” in the portion before paragraph 1 and substituting “subparagraph 2 i of subsection (2.2), subparagraph 2 i of subsection 1.1 (4) and subparagraph 2 i of subsection 1.1 (8)”; and

(b) striking out “modifications apply” at the end of the portion before paragraph 1 and substituting “modification applies”.

(8) Paragraph 2 of subsection 1 (7) of the Regulation is revoked.

(9) Subsection 1 (8) of the Regulation is revoked and the following substituted:

(8) In the case of a conflict between paragraph 2 of subsection (2), paragraph 2 of subsection (2.1) or paragraph 2 of subsection (2.2) and a term in an employment contract or collective agreement that, pursuant to Ontario Regulation 313/12 (Sick Leave Provisions, 2012-2013) made under the Putting Students First Act, 2012, the contract or agreement was required to provide for, the term in the contract or agreement shall prevail.

3. The Regulation is amended by adding the following section:

Eligibility for sick leave credits, long-term assignment

1.1 (1) This section applies in respect of an employee who is employed to fill a long-term assignment position.

(2) An employee in group A who is employed by a board to fill a full year long-term assignment position shall be eligible for the following sick leave credits during the board’s fiscal year:

1. 11 days of sick leave paid at a rate of pay equal to 100 per cent of the employee’s salary for the year.

2. 60 days of sick leave paid at a rate of pay equal to 90 per cent of the employee’s salary for the year, if the employee’s entitlement to that sick leave has been determined,

i. through the process set out in the collective agreement or employment contract that applied on August 31, 2012 to the class of employees of which the employee is a member, or

ii. if such a process is not set out in the employment contract or collective agreement, in accordance with the board’s practice, as it existed on August 31, 2012.

(3) Subject to subsection (8), an employee in group B who is employed by a board to fill a full year long-term assignment position shall be eligible for the following sick leave credits during the board’s fiscal year:

1. 11 days of sick leave paid at a rate of pay equal to 100 per cent of the employee’s salary for the year.

2. 60 days of sick leave paid at a rate of pay equal to,

i. 90 per cent of the employee’s salary for the year, if,

A. for the purpose of providing proof of the sickness or injury, the employee provides reasonable evidence or medical documentation, or

B. in a case where the sickness or injury is of such a nature that the board does not possess the expertise necessary to assess the proof, the employee’s entitlement to that rate has been determined through a third party assessment process, or

ii. 66.67 per cent of the employee’s salary for the year, for all other employees.

(4) Subject to subsections (9) and (10), an employee in group C, D or E who is employed by a board to fill a full year long-term assignment position shall be eligible for the following sick leave credits during a board’s fiscal year:

1. 11 days of sick leave paid at a rate of pay equal to 100 per cent of the employee’s salary for the year.

2. 60 days of sick leave paid at a rate of pay equal to,

i. 90 per cent of the employee’s salary for the year, if the employee’s entitlement to that rate has been determined through an adjudicative process agreed to by the employee and the board, and,

A. the sick leave credit is used on a work day that is one of five or more consecutive work days on which the employee uses sick leave credits, or

B. the sick leave credit is used in respect of a repetitive or chronic illness, or

ii. 66.67 per cent of the employee’s salary for the year, for all other employees.

(5) An employee in group A who is employed by a board to fill a part year long-term assignment position shall be eligible for the following sick leave credits during the board’s fiscal year:

1. 11 days of sick leave, reduced to reflect the proportion that the employee’s period of employment bears to the ordinary period of employment for the position, paid at a rate of pay equal to 100 per cent of the employee’s salary for the year.

2. 60 days of sick leave, reduced to reflect the proportion that the employee’s period of employment bears to the ordinary period of employment for the position, paid at a rate of pay equal to 90 per cent of the employee’s salary for the year, if the employee’s entitlement to that sick leave has been determined,

i. through the process set out in the collective agreement or employment contract that applied on August 31, 2012 to the class of employees of which the employee is a member, or

ii. if such a process is not set out in the employment contract or collective agreement, in accordance with the board’s practice, as it existed on August 31, 2012.

(6) Subject to subsection (8), an employee in group B who is employed by a board to fill a part year long-term assignment position shall be eligible for the following sick leave credits during a board’s fiscal year:

1. 11 days of sick leave, reduced to reflect the proportion that the employee’s period of employment bears to the ordinary period of employment for the position, paid at a rate of pay equal to 100 per cent of the employee’s salary for the year.

2. 60 days of sick leave, reduced to reflect the proportion that the employee’s period of employment bears to the ordinary period of employment for the position, paid at a rate of pay equal to,

i. 90 per cent of the employee’s salary for the year, if,

A. for the purpose of providing proof of the sickness or injury, the employee provides reasonable evidence or medical documentation, or

B. in a case where the sickness or injury is of such a nature that the board does not possess the expertise necessary to assess the proof, the employee’s entitlement to that rate has been determined through a third party assessment process, or

ii. 66.67 per cent of the employee’s salary for the year, for all other employees.

(7) Subject to subsections (9) and (10), an employee in group C, D or E who is employed by a board to fill a part year long-term assignment position shall be eligible for the following sick leave credits during a board’s fiscal year:

1. 11 days of sick leave, reduced to reflect the proportion that the employee’s period of employment bears to the ordinary period of employment for the position, paid at a rate of pay equal to 100 per cent of the employee’s salary for the year.

2. 60 days of sick leave, reduced to reflect the proportion that the employee’s period of employment bears to the ordinary period of employment for the position, paid at a rate of pay equal to,

i. 90 per cent of the employee’s salary for the year, if the employee’s entitlement to that rate has been determined through an adjudicative process agreed to by the employee and the board, and,

A. the sick leave credit is used on a work day that is one of five or more consecutive work days on which the employee uses sick leave credits, or

B. the sick leave credit is used in respect of a repetitive or chronic illness, or

ii. 66.67 per cent of the employee’s salary for the year, for all other employees.

(8) Subsections (3) and (6) apply only to an employee of a board who is in a class of employees that, on August 31, 2012, was eligible to receive sick leave credits, which, for greater certainty, includes employees who became members of that class after August 31, 2012. 

(9) If the bargaining agent for a bargaining unit of employees in group C so elects, on or before June 30, 2013, the employees shall be eligible, as of a date specified by the bargaining agent that is no later than September 1, 2013, for the sick leave credits described in subsection (2) or (5), as the case may be, instead of those described in subsection (4) or (7).

(10) If a board so decides, on or before June 30, 2013, all of its employees in group D shall be eligible, as of a date specified by the board that is no later than September 1, 2013, for the sick leave credits described in subsection (2) or (5), as the case may be, instead of those described in subsection (4) or (7).

(11) In making its decision under subsection (10), the board shall consider such factors as the extent to which its other employees are eligible for the sick leave credits described in subsection (2) or (5) and whether providing the sick leave credits described in subsection (2) or (5) would be more cost effective.

4. Clauses 2 (a) and (b) of the Regulation are revoked and the following substituted:

(a) the first day of the fiscal year, for employees who are employed by the board on the first day in the fiscal year; or

(b) the first day of employment, for all other employees.

5. (1) Subsection 3 (2) of the Regulation is revoked and the following substituted:

(2) Despite subsection (1), an employee may use a sick leave credit paid at a rate of pay equal to 100 per cent of the employee’s salary for the year in respect of an illness within the meaning of the collective agreement or employment contract that applied on August 31, 2012 to the class of employees of which the employee is a member or, if the agreement or contract did not set out a meaning, within the meaning of a policy of the board, as it existed on August 31, 2012.

(2.1) Despite subsection (1), an employee may use a sick leave credit paid at a rate of pay equal to 90 per cent or 66.67 per cent of the employee’s salary for the year in respect of a medical appointment that relates to the employee’s  health.

(2) Subsection 3 (5) of the Regulation is amended by,

(a) striking out “If a permanent employee” in the portion before paragraph 1 and substituting “If an employee” at the beginning; and

(b) adding “paragraph 1 of subsection 1 (2.1) or paragraph 1 of subsection 1 (2.2)” after “subsection 1 (2)” wherever it occurs in the portion before paragraph 1.

(3) Paragraph 1 of subsection 3 (5) of the Regulation is amended by striking out “subparagraph 2 i of subsection 1 (2)” and substituting “paragraph 2 of subsection 1 (2), subparagraph 2 i of subsection 1 (2.1) or subparagraph 2 i of subsection 1 (2.2)”.

(4) Paragraph 2 of subsection 3 (5) of the Regulation is amended by striking out “subparagraph 2 i of subsection 1 (2)” at the end and substituting “paragraph 2 of subsection 1 (2), subparagraph 2 i of subsection 1 (2.1) or subparagraph 2 i of subsection 1 (2.2)”.

(5) Subsection 3 (6) of the Regulation is amended by striking out “permanent employee” and substituting “employee who is eligible for sick leave credits under section 1”.

(6) Subsection 3 (9) of the Regulation is amended by striking out “for the purposes of employees referred to in subsection (2)”.

(7) Subsection 3 (10) of the Regulation is amended by,

(a) striking out “other than a teacher” in the portion before paragraph 1; and

(b) striking out “any unused sick leave credits that are provided under subsection 1 (2) for the fiscal year” in the portion before paragraph 1 and substituting “sick leave credits”.

(8) Paragraph 1 of subsection 3 (10) of the Regulation is amended by,

(a) striking out “unused”; and

(b) adding “paragraph 1 of subsection 1 (2.1) or paragraph 1 of subsection 1 (2.2)” after “subsection 1 (2)”.

(9) Paragraph 2 of subsection 3 (10) of the Regulation is amended by,

(a) striking out “unused” ; and

(b) adding “paragraph 2 of subsection 1 (2.1) or paragraph 2 of subsection 1 (2.2)” after “subsection 1 (2)”.

(10) Paragraphs 3 and 4 of subsection 3 (10) of the Regulation are revoked and the following substituted:

3. If the employee is receiving benefits under the Workplace Safety and Insurance Act, 1997 or under a long term disability plan, the amount that the employee is receiving for those benefits shall be considered part of the employee’s salary for the purposes of this subsection.

4. A sick leave credit may be used to top up the employee’s salary on more than one day.

6. (1) The formula in paragraph 2 of subsection 4 (4) of the Regulation is amended by striking out “Z/10” and substituting “Z/4”.

(2) The definition of variable “X” in the formula set out in paragraph 2 of subsection 4 (4) of the Regulation is revoked and the following substituted:

“X” is the number of years of his or her service as an employee with the board as of August 31, 2012, or as an employee with any board as of that date, depending on the rules referred to in subsection (4.1),

(3) Section 4 of the Regulation is amended by adding the following subsections:

(4.1) For the purposes of the formula set out in paragraph 2 of subsection (4), variables “X”, “Y” and “Z” shall be determined in accordance with the rules set out in the collective agreement or employment contract, as the case may be, that was in effect on August 31, 2012 or, if such rules are not set out in the agreement or contract, in accordance with the rules set out in a board policy that was in effect on that date.

(4.2) If there is a dispute between an employee and a board about the amount that the employee is eligible to receive under subsection (4), and the dispute has not been resolved by June 30, 2013, the employee’s eligibility to receive the amount for gratuity wind-up by June 30, 2013 shall not apply and instead the employee shall be eligible to receive that amount as soon as reasonably possible after the dispute has been resolved.

(4) Subsection 4 (5) of the Regulation is amended by adding the following paragraphs:

9. Conseil scolaire de district catholique Centre-Sud.

10. Conseil scolaire Viamonde.

7. The Regulation is amended by adding the following section:

2013-2014 end of year payment

4.1 (1) This section applies in respect of an employee who was eligible to receive sick leave credits during the 2013-2014 fiscal year, other than an employee in group B or D or a principal or vice-principal.

(2) At the end of the 2013-2014 fiscal year, an employee shall be eligible to receive a payment of an amount equal to one day of work paid at a rate of pay equal to 100 per cent of the employee’s salary for the year, if the employee meets the following conditions:

1. The employee used less than six sick leave credits during the fiscal year or, if the employee’s period of employment in the fiscal year was less than the ordinary period of employment for the employee’s position, the number of sick leave credits determined under subsection (3).

2. The employee took at least one unpaid day of leave during the fiscal year.

(3) For the purposes of paragraph 1 of subsection (2), the number of sick leave credits shall be determined in accordance with the following formula:

(X/Y) × 6

in which,

  “X” is the number of days that the employee was employed in the position; and

  “Y” is the number of days of employment that fall within the ordinary period of employment for the position.

Commencement

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

 

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