21. Leave for medical and dental appointments of Treasury Board staff is part of the employer`s leave policy. As such, it is not part of the collective agreement and is not subject to appeal in the event of arbitration or decision. It should be noted that prior to 1971, the collective agreement provided that workers would receive a bank of special leave credits up to 25 days for marriage leave, funeral leave, leave for the birth of a child and leave “for other reasons” (including illness in immediate family and medical and dental appointments). When this provision was removed from the collective agreement, the employer stated that it would continue to provide workers with appointment leave, which is reflected in the employer`s leave policy. 2. We should start with the fundamental condition for the employer to have the right to insist on a medical certificate as a precondition for granting sick leave. For most collective agreements, the employer`s right to adopt such a requirement is explicit. If a collective agreement is silent on this point, the employer could successfully argue that its remaining administrative rights (i.e.
all rights that are not altered by the language of the collective agreement) allow it to require proof of illness. If a collective agreement (as some do) provides that the employer can only require a medical certificate after so many days of absence in a given year, the employer`s right would be limited. (1) A worker`s right to privacy must be taken into account by the employer`s right to provide the right to benefit under the collective agreement (for example.B. sick leave with pay) or an employer`s obligations under the applicable law (for example). B health and safety legislation or human rights legislation). Trading Partners: Federal Government Dockyard Trades and Labour Council (Esquimalt) (West) (FGDTLC (W)) Agreement expiry date: January 30, 2023 Dispute Settlement Mechanism: Arbitration 19. A doctor`s medical certificate may be accepted by the employer. With respect to changes in the certification and provision of health care, this appears to be the case in practice. So far, however, there is no case law requiring an employer.
B to accept a chiropractor product without the language of use in the collective agreement. In addition, in a recognized authority (Palmer, Collective Agreement Arbitration in Canada, 2nd Edition), at page 667, it says, “In general… [certification] means [certification by] a qualified physician under applicable legislation and not a nurse or chiropractor.” TBS has published the highlights of the latest round of collective agreements that have been signed.