CORPORATE POLICY Sub Topic: Sick Leave Topic: Leaves of Absence Employees Covered: All Non-Union Regular Full Time employees Council Adoption Date: May 6, 2013 Effective Date: January 1, 2013 Revision No: Date: Policy Statement & Strategic Plan Linkages The Town of Newmarket supports and encourages an atmosphere of employee productivity through consistent employee attendance in the workplace, recognizing that there will be occasions when employees require time away from work for reasons related to personal illness or injury. The Town of Newmarket supports employees to live well, work well in an environment that fosters a wellbalanced work and family lifestyle. Purpose The Town of Newmarket will provide eligible regular full time employees with sick leave credits for the purpose of sick leave for personal illness or injury. This is a paid sick leave plan that is self-insured by the Town of Newmarket and works in conjunction with the Town s Long Term Disability insurance. Definitions Sick leave: Sick leave is an absence from work due to personal illness or injury. An absence due to a workplace injury or illness is covered under the provisions of corporate policy Workplace Safety Insurance Act Related Absences HR.11-08. Regular full time hire date: the date employment status became regular full time when hired into an approved regular full time position. Sick leave credit eligibility: The employees continuous service from their regular full time hire date establishes the eligibility for sick leave credits. Sick leave occurrence: A sick leave occurrence is an uninterrupted absence from scheduled work, due to personal illness or injury. Corporate Policy Index Page 1 of 6
Actively at work: Employees are actively at work when they have returned from sick leave to regular scheduled hours and essential duties for a consecutive period of 10 working days. Renewal Date: The Town s sick leave year coincides with the calendar year, from January 1 to December 31. The renewal date for the subsequent year is the last scheduled work date in the previous year. If absent due to illness or injury on the last scheduled work date in the previous year, sick leave credits are renewed once the actively at work criteria have been met in the New Year. Sick Leave Credit Provisions Employees become eligible for sick leave once they become a regular full time employee and are credited with sick leave credits as follows: Employees with less than 1-year continuous regular full time service as of January 1st With Department Head approval, new regular full time employees may be granted up to 3 discretionary days of sick leave credits for their first 3 months of employment regardless of when the first 3 months fall within the calendar year. Upon completion of 3 months but less than 1 year regular full time continuous service, employees are entitled to 50 days of sick leave credits. New Regular Full Time Employees with less than 1 year of Service First 3 months of regular full time employment Greater than 3 months and less than 1 year as of January 1st Earned sick days credit paid at 100% of salary Up to 3 discretionary days with Department Head Approval 50 days total Employees with 1 year or greater continuous regular full time service as at January 1 st Employees with one (1) year or greater continuous service are entitled to sick leave credits in accordance with the following schedule that based on a 35 or 40- hour workweek, as applicable. Corporate Policy Index Page 2 of 6
Sick Leave Credit Schedule Completed years of service as of January 1st Earned sick days credit paid at 100% of salary 1 year 55 days 2 years 60 days 3 years 67.5 days 4 years 85 days Sick leave is credited based on 7-hour workdays for employees working a 35- hour workweek and 8-hour workdays for employees working a 40-hour workweek. Sick leave is deducted based on scheduled hours of work. After completing 1 year of continuous regular full time employment, employees are eligible for sick leave credits as per the sick leave credit schedule. On the renewal date employees are allotted sick leave credits earned through previous years service for January 1 st based on their regular full time date, in accordance with the sick leave credit schedule. Sick Leave Credits are not available for absences related to medical or personal appointments. Please refer to HR 2-07 Compressed Work Schedules, Telework & Flex Time, HR 3-01 Vacation and HR 2-02 Overtime policies for alternative leave options. Sick leave credits under this policy are not eligible for carry over or pay out upon termination. Procedures Employees absent through illness or injury will notify or send notification to their respective Supervisor promptly when they have taken ill or are injured, and will keep their Supervisor regularly informed of their recovery progress for the duration of their absence. Utilized sick leave credits shall be recorded in hours based on an employee s scheduled work day. Managers are responsible for day-to-day management and monitoring of sick leave credits, including attendance reviews. There are two indicators for attendance review, the number of occurrences and the length of absence. o Number of Occurrences (frequency): The employee s fifth (5th) sick leave occurrence in the calendar year due to illness or injury will prompt an attendance review. The employee will meet with their immediate Supervisor to review their attendance. Employees will not be paid for the sixth (6th) and subsequent absence unless the Department Head authorizes payment. This procedure will continue for the remainder of the calendar year. Corporate Policy Index Page 3 of 6
o Length of Absence : Three (3) consecutive days of absence on two (2) or more occasions within a six-month period, will prompt an attendance review. The employee will meet with their immediate Supervisor to review their attendance. The employer reserves the right to request a medical documentation for each subsequent absence due to illness or injury at the discretion of the Department Head. Employees are required to cooperate with the return to work program as outlined in the corporate policy Return to Work HR 8-06 in order to remain eligible to receive sick leave credits. Employees, who are on an approved Workplace Safety and Insurance Board (WSIB) absence, will have 15% of the hours deducted from their sick leave bank while on a WSIB related absence. Extended Health, Dental, Life, Accidental Death and Dismemberment (AD&D) insurance, Long Term Disability or Health Care Spending Account benefits to which an employee is entitled will continue while the employee is on sick leave. The Town s employee sick leave plan provides a greater entitlement than the Emergency Leave provisions under Employment Standards legislation and as a result, sick leave usage reduces the number of unpaid days available through corporate policy Emergency Leave HR.11-07. If an employee is absent due to injury/illness sustained while in the employ of someone other than the Corporation of the Town of Newmarket, the other employers WSIB insurance and WSIB adjudication process is responsible for sick leave payments, not the Town of Newmarket. Where such injury affects the employee s ability to perform the essential duties of their job, the employee must inform their Supervisor as early as possible. When an employee is absent due to an illness requiring confinement and/or hospitalization so certified by a medical practitioner and falls during an employee s vacation leave, vacation time will be credited back to the employee, at the employee s written request. Medical Documentation While the employer reserves the right to request medical documentation at any time for any absence, absences of 3 consecutive work days or more will automatically require a medical documentation prior to the employee s return to work certifying that the employee was unable to carry out the duties of their position due to illness or injury. The employer reserves the right to withhold payment of sick leave credits where medical evidence has been requested and not provided. Employees are responsible to provide medical documentation and/or ensure that a Functional Abilities Form, (Appendix A) is completed and submitted in a timely manner. The cost of providing medical documentation shall be the responsibility of the employee. Corporate Policy Index Page 4 of 6
Medical documentation will be maintained in the employee s confidential corporate file located in the Human Resources Department. RESPONSIBILITIES OF EMPLOYEES Employees are responsible to: Report to work on time and to be actively working for the duration of the workday or shift. Effectively utilize benefits available such as group benefits and the employee assistance program to support individual wellness. Make every effort to live and work safely by abiding by health and safety policies and procedures and by practising accident prevention both on and off the job. Maintain regular and consistent attendance. Notify their immediate Supervisor, following proper reporting procedures as defined by the department, as soon as possible in the event that they will be late or absent from work for any reason. Seek assistance or guidance from their Supervisor or Human Resources related to any kind of absence as appropriate. Be aware that inappropriate use of sick leave may result in disciplinary action in accordance with Progressive Discipline Policy HR.4-01. RESPONSIBILITIES OF EMPLOYER Supervisors/Managers/Department Heads/Commissioners are responsible to: Inform and support employee awareness of sick leave provisions and responsibilities as outlined in this policy and other corporate policies on return to work, benefits and leaves of absence. Communicate regularly with employees who are on sick leave, monitoring their progress and obtaining medical evidence from the employee as appropriate. Ensure that employee absences are accurately reported on a bi-weekly basis and submitted to Payroll for processing. Forwarding all medical documentation and communication documents to Human Resources to be kept in the employee s confidential corporate file. Recognize employee s dedicated and consistent work and good attendance. For Long Term Disability benefits purposes notify Human Resources of absences greater than 5 days. Advise employees and offer referral to Employee Assistance Program or other resources, as appropriate. Consult with Human Resources when implementing a Return to Work Program as presented through medical information, or when considering the application of progressive discipline. Where possible, encourage and support the implementation of alternative work arrangements that support organizational demands and assists employees to balance workplace demands and family life. Corporate Policy Index Page 5 of 6
Human Resources is responsible to: Provide policy clarification and guidance on sick leave and related policies and programs to employees and departments, as required. Maintain employee records related to sick leave documentation in a confidential manner. Research, compile statistics and provide attendance reports as requested with respect to illness related absences to assist departments in managing sick leave. Research, recommend, implement and maintain initiatives and / or strategies that will assist the Town in reducing employee s use of sick leave. Support compliance with provincial legislation such as Workplace Safety and Insurance Act and Regulations, Employment Standards Act and Regulations, Privacy Legislation and the Ontario Human Rights Code, as amended from time to time and as applicable. Cross-References Attendance Improvement Tool Kit Compressed Work Schedules, Telework & Flex Time HR.2-07 Definition of Employee Status HR.1-01 Emergency Leave HR.11-07 Harassment & Discrimination Free Workplace HR.5-01 Human Rights Code, as amended from time to time Normal Hours of Work HR.2-06 Overtime HR 2-02 Progressive Discipline Policy HR.4-01 Provincial legislation such as the Workplace Safety and Insurance Act and Regulations, Employment Standards Act and Regulations and the Ontario Return to Work HR.8-06 Resignation and Termination of Employment HR.4-03 Sick Leave Guidelines for Managers & Supervisors Vacation HR.3-01 Wellness HR.8-07 Workplace Injuries/Illness Related Absences HR.11-08 Corporate Policy Index Page 6 of 6