As a follow up to the bulletin we issued on June 7, 2023 regarding sick leave substantiation (CLICK HERE to view), we would like to advise you that the Union has filed two (2) more policy grievances on this matter.
CHQ-23-41, found HERE, is about the time limit the Canada Labour Code specifies regarding when employees need to provide a certificate (issued by a health care practitioner) to Air Canada to substantiate a book off. The Canada Labour Code specifically states:
“You must provide one in writing if requested by your employer within 15 days of your return to work”.
Air Canada is asking that you provide the certificate within 10 days from book on (your return to work), which is a violation of the Canada Labour Code.
CHQ-23-42, found HERE, is about the way Air Canada is improperly calculating how many sick days you have used to support their new blanket policy of requesting notes for book offs of 5 days or more. Air Canada is basing their request on how many calendar days you have booked off on. However our Collective Agreement clearly specifies the calculation that must be used, which is based on twenty-four hour periods or less starting from commencement of your next scheduled duty period, found in Article 9.
9.04.01 Sick Leave Charged – Where a Regular Blockholder reports unavailable for duty as a result of sickness, his/her sick leave credits shall be charged one (1) day for each period of twenty-four (24) hours or less, excluding guaranteed days off, calculated as follows:
Commencement: The commencement of the next scheduled duty period.
Termination: The actual time reported available for duty.
NOTE: An employee will be charged at least one (1) day of sick leave for each book off if the first flight in his/her cycle is missed and no other flight is operated on that day.
9.05.01 Sick Leave Charged – Where a Reserve Blockholder reports unavailable for duty as a result of sickness, his/her sick leave credits shall be charged one (1) day for each period of twenty-four (24) hours or less excluding guaranteed days off calculated as follows:
Commencement: The actual time s/he is unavailable for duty on a scheduled Reserve Duty Day.
Termination: The actual time reported available for duty.
Please reach out to your Local Office with your examples that will support our policy grievances.
In Solidarity,
Wesley Lesosky
President, Air Canada Component of CUPE