(This pertains to Mainline members only)
Dear Air Canada Mainline Members,
On June 1, 2023, Air Canada implemented a new policy requiring employees to provide medical substantiation if booked off for five consecutive days or more. This request is made on a blanket basis, i.e., to all employees with five or more consecutive days of absence with the five days beginning from the actual book-off date which could be on an employee’s regular day off (RDO). If an employee was absent on an RDO, Air Canada deducted sick days from members’ sick leave banks without paying them.
The Union filed three grievances:
1. Air Canada’s blanket request for medical substantiation.
CHQ-23-38 – Blanket Requests for Medical Substantiation
(Click here to view the grievance filed)
2. Air Canada’s calculation of sick leave beginning from date of book-off.
CHQ-23-42 – Calculation of Absence
(Click here to view the grievance filed)
3. Air Canada’s deduction from an employee’s bank when an employee has booked off sick while on an RDO, but non-payment.
CHQ-24-18 – Deduction but non-payment of Canada Labour Code/Collective Agreement days
(Click here to view the grievance filed)
The matter proceeded to arbitration, and on October 21, 2025, Chief Arbitrator Kaplan issued his decision allowing all three grievances which means that the Union had great success with all three of them.
Chief Arbitrator Kaplan found that Air Canada must provide a reason for requesting medical documentation from members when they are absent from work on sick leave. Air Canada cannot automatically request medical documentation from members when they are absent for five days or more.
In addition, Chief Arbitrator Kaplan determined that Air Canada cannot include RDOs in its calculation of absenteeism.
Finally, Chief Arbitrator Kaplan determined that Air Canada cannot deduct a sick day from a member’s sick leave bank without paying them, stating “Air Canada must pay members for sick days”.
Chief Arbitrator Kaplan remitted remedial issues back to the Parties and remains seized. This means that the Union and the Company will work through the details and remedies involved in the implementation of his award.
The Union is pleased with this outcome and will reach out to Air Canada immediately to close off the remedial issues.
Going forward, if you are asked for a sick note for being off sick for 5 days, or you are deducted a sick day for booking off over an RDO, or if your sick days start being deducted prior to the commencement of your cycle, please reach out to your Local immediately.
A copy of the full award is available HERE.
We thank the membership for their patience and active participation. The evidence and documentation provided from our members assisted us with the outcome and our success. This application of arbitrariness with the request for sick notes and the loss of sick days has been ongoing. We are pleased with the outcome and the arbitral decision which we will be able to rely on going forward for the benefit of all members.
Govern yourselves accordingly, in solidarity,
