Weekly Bulletin - Personal Days VS Sick Days
Dear Members,
With the introduction of Personal Days under the Canadian Labour code, 206.6, we would like to highlight the difference between Personal Days and Sick Days, and the processes attached to either of these protected leaves.
Personal Day:
Every Federally regulated employee is entitled to and shall be granted a leave of absence from employment of up to five days in every calendar year.
Sick Day:
Cabin Crew Member who is unable to report for duty due to sickness as outlined in the Collective Agreement and CLC Sick Leave Amendment, Article 20 WS CA / WR CA.
Personal Day
All Federally regulated employees are entitled to personal leave up to 5 days each calendar year, the first 3 days of the leave are paid, for all eligible employees, these days can be taken individually.
What is considered a Personal Day according to the The Canada Labour Code 206.6 outlines the following conditions that would allow you to use a personal day.
Carrying out responsibilities related to the health or care of any of their family members
Carrying out responsibilities related to the education of any of their family members who are under 18 years of age
Addressing any urgent matter concerning themselves or their family members
Attending their citizenship ceremony under the Citizenship Act
Any other reason prescribed by regulation
The employer may, in writing, no later than 15 days after the employee returns to work, request the employee provide documentation to support the reason for the leave. This shall be provided only if it is reasonably practicable for them to obtain and provide it.
Eligibility:
Employee must have completed 3 consecutive months of continuous employment with the employer to be entitled to the first 3 days of leave with pay.
Note: The employer cannot impose their own qualifying conditions on employees before they are eligible to take personal leave. .
Scheduling:
The personal leave can be requested at any time if it meets the requirements of the Code. The employer does not have the authority to determine when an employee takes personal leave.
Note: When there are multiple leave entitlements available, ex bereavement, sick days, only the employee may decide to categorize the leave as personal leave. The employer should not decide when their employees take personal leave.
Urgent Matter:
An employee can take a personal leave when addressing any urgent matter concerning themselves or their Family Members. The determination of whether something is considered urgent is made by the employee.
Family member as outlined by the Canada Government can be found HERE.
It is not appropriate for the employer to determine what may or may not be urgent in an employee’s circumstance.
Only when the employees’ reason is clearly not urgent and it is obvious that abuse is occurring, would it be appropriate for an employer to deny a personal leave
To review the process and information, please review the following webpage provided by the Government of Canada HERE.
Sick Day
Sick Days are outlined in the Collective Agreement Article 20 – Sick and Personnel Leave. They have since been updated with the CLC Sick Leave Amendments that were reached at mediation with the Employer. Click below to review: WS Sick Leave Amendment / WR Sick Leave Amendment
Sick leave shall be provided to a Cabin Personnel who is absent from work due to a bona fide illness or injury that is not covered under the provisions of workers’ compensation legislation.
Cabin Personnel who is unable to report for duty due to sickness must notify Crew Scheduling by phone no later than four (4) hours. (Settlement Agreement 20-1.02)
Cabin Personnel will be deemed sick for any subsequent duty periods in that same pairing or Reserve Block until they have notified the Company that they are fit to return to duty. (Settlement Agreement 20-1.02)
You do not need to call in sick for each day of the pairing.
Cabin Personnel shall be pay protected for their originally scheduled Credit Hours for that duty period, provided they have Sick Leave Days available.
(Settlement Agreement 20-2.07)If insufficient Sick Leave Days remain, any additional sick leave Days will be taken without pay.
Only one (1) Day of banked sick leave shall be deducted for any single duty period which spans two (2) consecutive days. (Settlement Agreement 20-2.11)
Example: Red eye that checks in at 2359 – Lands at 0630 would use one sick day, not two.
Cabin Personnel may be required by the Company to provide a doctor’s certificate to substantiate their inability to work due to illness or injury if they are absent for five (5) or more consecutive work Days. (Settlement Agreement 20-2.15)
Or if the Company has reasonable cause to doubt the validity of their absence.
The Company's request for a doctor's certificate must be made no later than ten (10) Calendar Days after the date the Cabin Personnel returns to work from the sick leave. (Settlement Agreement 20-2.15)
The cost of the doctor's certificate, if requested by the Company will be reimbursed by the Company with proper proof of payment. Maximum amount of $40.00. (Settlement Agreement 20-2.17)
Allotment:
Effective January 1st of each calendar year, each full-time Cabin Personnel who is Active on that date will be allotted twelve (12) Days of paid sick leave into their sick leave bank, subject to the maximum total paid sick leave bank outlined in 20-2.06.
Effective January 1st of each calendar year, each part-time Cabin Personnel who is Active on that date will be allotted ten (10) Days of paid sick leave into their sick leave bank, subject to the maximum total paid sick leave bank outlined in 20-2.06. (Settlement Agreement 20-2.01). HERE
If you have any further questions or require clarification please reach out to your Local 4070 Base VP
Your CUPE 4070 Communications Committee
World Mental Health Day
Tomorrow, October 10th, is World Mental Health Day. This important day provides an opportunity to raise awareness about mental health issues and to encourage open conversations about well-being.
As flight attendants, we often face unique challenges that can impact our mental health, such as irregular work schedules, frequent travel, and exposure to stressful situations. It's essential to prioritize self-care and seek support when needed.
Mental Health Resources:
Remember, you're not alone. If you're struggling with your mental health, please reach out for help. Let's take this opportunity to promote mental health awareness and support one another.