CEIU ONTARIO- NEW GUIDANCE FOR OTHER PAID LEAVE
Hello CEIU Ontario Friends/Comrades, We, Paula and Travis – NVPs for CEIU Ontario Region, are looking to find out if you have examples you want to share where you have experienced or will be experiencing problems with the Employer in regards to New Rules for Other Paid Leave (code 699) effective November 9th, 2020. This morning (Friday October 30th, 2020) we had an update call from the ESDC Ontario Region’s Assistant Deputy Minister regarding the changes they will be administering come November 9th, 2020 based on the Treasury Board’s (TBS) update. The summary so far is the expectation of the Employer (at ESDC for sure & suspect it may be the same or very similar with IRCC and IRB) is that employees will need not be approving Leave with pay for other reasons [Article 53.01 – At its discretion, the Employer may grant: a. leave with pay when circumstances not directly attributable to the employee prevent his or her reporting for duty; such leave shall not be unreasonably withheld] due to the COVID-19 Pandemic and instead will need to use Paid Family Related Leave, Paid Sick Leave and/or Vacation (Annual) Leave Credits first. FYI the TBS has posted updated rules: Coronavirus disease (COVID-19): Employee illness and leave earlier this week and there are a couple of things we’ve noticed: COVID positive=sick leave to be taken prior to 699. Family-related caregiving responsibilities = family related + vacation leave to be taken prior to 699. PSAC Representation gave Components some additional information about this issue. The new rules will be effective as of November 9th. More issues with that to come. PSAC will be taking additional legal actions against the employer in line with the release from TBS of these updated rules. This could include to file an additional policy grievance. Some issues with TBS approach: · TBS gives too much discretion to managers: the “case-by-case basis”. That could lead to employees being treated differently. · Management can ask too much personal information, including family members’ (none-employees). PSAC wants more examples about this. · The employer is asking to use other types of leave not in line with their purposes in the collective agreement (for instance: vacation). · 699 requests are going down, while there’s no rational why the employer is being more restrictive. The employer is assuming that there could be some abuse of the 699, but hasn’t provided the union with any evidence that this is the case. · Managers could ask for a medical note to support a leave request. We know that the health system is already overloaded and even health authorities are asking to access health services only for major health issues. PSAC will provide Components with grievance language on this. PSAC wants additional examples where members have been denied using a 699 leave. Please provide me with what you’ve heard so far (and future ones) with some background. Thanks If you do not want to share your situation directly with us then please share it with your CEIU Local President for them to forward to firstname.lastname@example.org, email@example.com and firstname.lastname@example.org We will be taking the examples we receive and forwarding them to the CEIU National Office to provide to the PSAC accordingly. We are also looking to use the examples (anonymously of course) when we meet with Regional Management in Ontario Region how TBS direction is erroneous in nature. F.Y.I. — The following article has been posted to the PSAC National website: Changes to 699 leave: PSAC to take further legal action https://psacunion.ca/changes-699-leave-psac-take-further-legal-action In Solidarity, Paula Woodcock and Travis Lahnalampi National Vice-Presidents — C.E.I.U. Ontario Region
***You can share examples to email@example.com (local union exec) or discuss possible grievances if requests are being unreasonably denied Nov 9th onward. Members should not have to use up other leave such as family or vacation first if other paid leave is applicable as per 53.01a and especially if it was previously being approved for the same Covid related reasons.