ONTARIO REGULATION 313/12
made under the
PUTTING STUDENTS FIRST ACT, 2012
Made: October 5, 2012
Filed: October 5, 2012
Published on e-Laws: October 5, 2012
Printed in The Ontario Gazette: October 20, 2012
SICK LEAVE PROVISIONS, 2012-2013
1. This Regulation applies with respect to the following matters:
1. Board employees’ eligibility for sick leave during the board’s 2012-2013 fiscal year.
2. Board employees’ salaries while on sick leave during the board’s 2012-2013 fiscal year.
2. (1) A person who is an employee on September 1, 2012 is eligible for sick leave in accordance with,
(a) paragraphs 9 and 10 of subsection 2 (1) of the Act, in the case of an employee who does not bargain collectively;
(b) subsection 4 (1) of the Act, in the case of an employee who bargains collectively.
(2) If a rule made before September 1, 2012 fixes a date other than September 1, 2012 with respect to eligibility for sick leave in the 2012-2013 fiscal year, the date fixed is deemed to be September 1, 2012.
(3) Any rule made before September 1, 2012 that requires an employee who is absent from work on that day to return to work in order to establish eligibility for sick leave in the 2012-2013 fiscal year is inapplicable, unless the employee is,
(a) receiving benefits under the Workplace Safety and Insurance Act, 1997 or under a long-term disability plan; or
(b) on an unpaid leave of absence, other than a leave taken because of an illness, disability or chronic condition.
Salary while on sick leave pending adjudication
3. (1) This section applies when an employee takes sick leave for which he or she may be entitled to be paid at a rate of 90 per cent of salary or 66.67 per cent of salary, depending on the outcome of an adjudicative process.
(2) If, on the day the sick leave begins, the board has not implemented an adjudicative process, the employee shall be paid at a rate of 90 per cent of salary until his or her case has been adjudicated.
(3) If the employee receives 90 per cent of salary under subsection (2) and it is determined, in the adjudicative process, that the employee is entitled to be paid at a rate of 66.67 per cent, the employee is not required to repay the difference between the two rates for the period of sick leave before the adjudication.
4. This Regulation is deemed to have come into force on September 1, 2012.