Sick leave provides personnel with some protection against the loss of salary during periods when they cannot perform their assigned responsibilities due to illness.
Sick Leave
Application
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Sick Leave applies to:
- Management and Non-Union employees of Part I of the Public Service
Sick Leave does not apply to:
- individuals working on a casual/temporary basis with less than six months of continuous service. See ‘Casual/Temporary Individuals’ below, for alternate provisions.
- unionized employees. Refer to the appropriate collective agreement.
- those on personal service contract. (Refer to the terms of the contract.)
Overview of Leave Due to Illness
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The following are the various leave provisions for absence due to illness:
| Type of Employee | Payment for Leave | Accumulation of Leave Credits |
|---|---|---|
| Regular full-time, Part I public servants | With pay to the limit of the employee’s accumulated or advanced sick credits. May be granted without pay after the sick credits are exhausted. |
Credits accumulated monthly See ‘Accumulation of Credits’ below. |
| Part I Public Servants with Regular part-time Seasonal Part-time status. |
Eligible for sick leave on a pro-rated basis. | Accumulation is on pro-rated basis |
| Casual/temporary employees per Public Service Labour Relations Act i.e., individuals working on a temporary basis with a minimum of 6 months continuous service | With pay to the limit of their accumulated sick leave credits | For the initial 6 months: credited retroactively Thereafter: accumulated monthly See ‘Accumulation of Credits’ below. |
| Casual/temporary individuals i.e., with less than 6 months continuous service. | None (See Casual/Temporary) |
None (See Casual/Temporary) |
Reasons for Granting ‘Sick Leave’
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Sick Leave is normally granted only where the approving authority is satisfied that the employee:
- has sufficient sick leave credits and
- is unable to perform his duties due to illness or injury caused by other than:
- intentionally self inflicted illness or injury
- illness or injury resulting from paid employment of any kind other than employment within the Civil Service.
Special Applications
TopSpecial applications of Sick Leave should be noted as follows:
| Special Application | Conditions |
|---|---|
| Pregnancy where there is an illness resulting from complications associated with employee’s pregnancy, excluding delivery | Sick Leave may be granted: - before the start of maternity leave and - with an appropriate medical certificate from the employee’s physician. |
| Pregnancy where there is a miscarriage | Sick Leave may be granted. |
| Treatment of alcoholism and drug dependency | The Employee Assistance Program provides for the use of sick leave in the treatment of alcohol and drug dependency. See AD-2903. |
Exception: Sick Leave cannot be granted where there are insufficient credits. See ‘advancing leave’ below.
Proof of Illness
TopThe following rules apply for proof of illness during sick leave:
- Suitable proof of illness may be required for any period of illness.
- An appropriate medical certificate is required, in all cases, for any period of sick leave in excess of 15 working days.
Approval Process
TopThe following is the process for the request and approval of sick leave:
| Stage | Who Does It | What Happens |
|---|---|---|
| 1 | Employee or someone on his behalf | Notifies supervisor immediately of absence due to illness. |
| 2 | Supervisor | Ensures - adherence to this policy and departmental procedures - adequate sick leave credits exist - proof of illness is requested as necessary. |
| 3 | Employee | Submits proof of illness as required. |
| 4 | Deputy Head or designate | May grant this leave as well as special sick leave (advanced credits) Ensures a record is maintained of any leave granted Reports as required to the Board of Management. |
| 5 | Employee on return to work | Completes the appropriate departmental or agency documentation. |
Casual/Temporary Individuals
TopThe following provisions apply to individuals working on a casual/temporary basis:
With less than six months continuous service:
- are not entitled to sick leave during the first six months of employment.
- have absence from work due to illness treated as follows:
| WHEN the absence due to illness is… | THEN the absence is treated as… |
|---|---|
| less than five working days and the illness is supported by medical evidence |
leave without pay. |
| more than five continuous working days, under normal circumstances | a termination. |
| more than five continuous working days when - the illness is supported by medical evidence and - the leave is approved by the Deputy Head |
leave without pay, for up to one month. |
With a Minimum of Six Months Continuous Service:
Casual/Temporary employees who have completed six months continuous service are eligible for sick leave in accordance with:
- the above sick leave policy for management and non-union employees, OR
- the appropriate collective agreement.
Accumulation of Credits
TopSick Leave credits are accumulated:
- at a rate of 1¼ days per month
- to a maximum of 240 days
Exceptions: The following table describes exceptions to credit accumulation:
| WHEN the employee... | THEN... |
|---|---|
| commences work after the first 10 working days of the month | he/she begins to accumulate credits after the first of the following month. |
| is on leave without pay or suspended from duty: - for any month where the absence is more than 1/2 the number of working days in the one month - for the second of two consecutive months where: - the absence equates to the above, i.e., 1/4 of the working days over the two months, and thus warrants the same loss of one month’s credit accumulation, - even though, in neither month does the absence exceed ½ the working days as above Example: An individual who is absent for 12 days on LWOP or suspension out of 22 working days in a particular month will lose that month’s accumulation. Another who takes 12 days, but with 5 at the end of one month and 7 at the beginning of the next month, has not lost half the days in either month but for equity should lose the same amount of accumulation. This 12 days out of a total 44 working days, would exceed ¼ of the 2 months of working days, and so the employee will lose the second month’s accumulation. |
no credit is given for that month. no credit is given in the second month. |
Use of Sick Leave Credits
TopFor regular full time employees: Sick Leave credits are applied, as follows:
| Days Absence | Credits Deducted |
|---|---|
| Full Day Absences | 1 day credit deducted for each |
| Absence of ½ day or less | ½ day credit deducted for each |
| Absence of more than ½ day | 1 day credit deducted for each |
| Statutory Holiday during sick leave period | Holiday is considered granted and no sick leave credits deducte |
For part-time and seasonal employees: Sick Leave credits are applied on a pro-rata basis.
Advancing Sick Leave
TopSpecial Sick Leave with pay may be granted up to a maximum of 15 working days under the following conditions:
- where an employee does not have enough credits to cover the period of illness, and
- it is expected that the employee will be able to return to work within a short time.
Recovery of Advanced Sick Leave
TopSick leave advanced before the accumulation of credits must be recovered as follows:
| WHEN the employee... | THEN leave previously advanced… |
|---|---|
| returns to work | is deducted from new sick leave credits as they are earned, before any further accumulation can take place. |
| terminates employment for any reason | is recovered from sums owing at the time of termination and is calculated at the employee’s rate of pay at the time of termination. |