Common use of PHYSICAL AND MENTAL ILLNESS Clause in Contracts

PHYSICAL AND MENTAL ILLNESS. 5.45.1 Members are eligible for sick leave up to a maximum of six (6) months at full salary from the date of disability due to accident or illness, for each separate disability cause, excluding maternity which shall be covered by the provisions of Article 5.50. Illness of a duration of more than six (6) months will be dealt with according to the provisions of the University’s Long Term Disability Plan. As soon as practicable after the start of each disability period, the President must be informed by or on behalf of the disabled Member about the absence and about its expected duration. 5.45.2 Where the Employer makes payment to the Member according to the above mentioned terms or assumes liability therefore, the University is subrogated to all rights of recovery of the Member to the extent that the University has made payment to, or on behalf of, or for the benefit of the Member. The University may bring an action in the name of the Member to enforce these rights. 5.45.3 A physician’s report shall be submitted, when requested by the President. Such a report will be required: a. for any sick leave period in excess of five (5) consecutive working days; b. in the event a Member’s sick leave pattern raises substantial doubt of the claim, even if the individual’s sick leave periods are short enough not to require medical certificates otherwise. 5.45.4 In order to have a sick leave benefits period reinstated up to the maximum, Members who have been absent and in receipt of sick leave benefits must return to full duties for at least one (1) full working day in the case of a completely unrelated and different disability cause, and for thirty (30) calendar days in the case of the same disability cause. 5.45.5 Sick leave benefits for any period of absence following notice of termination of employment will not be payable without substantiating medical evidence. 5.45.6 Sick leave benefits are not cumulative and are not cashable upon termination of employment or at any other time. 5.45.7 Sick leave benefits will be reduced by the amount of any Worker’s Compensation benefits or similar disability income benefits which the Member is eligible to receive by reason of accident or sickness, from a government plan, except Employment Insurance. 5.45.8 At any time during any sick leave, the Member may be requested by the President to undergo medical examinations by physicians appointed by the President and paid by the Employer, in order to be eligible to receive sick leave benefits and/or to be able to return to work. All reasonable expenses incurred as a result of such medical examination shall be paid by the Employer. 5.45.9 When disability is due to drug addiction or alcoholism, benefits provided by this Article will be granted only for leaves of absence necessary for proper treatment under a physician’s care or that of specialized personnel. 5.45.10 When a Member’s behaviour raises substantial doubt as to her/his physical or mental health, it is the Employer’s right to require a medical examination as per Article 4.65.3 c. LUFA shall be notified when such action is taken. 5.45.11 Sick leave benefits defined in this Article will not be granted under the following circumstances: a. intentionally self-inflicted injuries or diseases; b. pregnancy (however, complications due to pregnancy are covered by sick leave provisions, upon submission of a medical certificate); c. while vacation pay is also being received; d. wilful participation in riots, wars or violent or uncontrolled demonstrations or protests; e. injuries or diseases sustained while committing a criminal act for which the Member has been found to be guilty by a duly constituted court or while serving a prison sentence. 5.45.12 Should a Member resign or terminate employment with the University her/his medical reports shall be transferred to the Member’s archival personnel file, as per Article 4.55.1.

PHYSICAL AND MENTAL ILLNESS. 5.45.1 1. Members are eligible for sick leave up to a maximum of six (6) months at full salary from the date of disability due to accident or illness, for each separate disability cause, excluding maternity which shall be covered by the provisions of Article 5.503.50. Illness of a duration of more than six (6) months will be dealt with according to the provisions of the University’s University‟s Long Term Disability Plan. As soon as practicable after the start of each disability period, the President must be informed by or on behalf of the disabled Member about the absence and about its expected duration. 5.45.2 2. Where the Employer makes payment to the Member according to the above mentioned terms or assumes liability therefore, the University is subrogated to all rights of recovery of the Member to the extent that the University has made payment to, or on behalf of, or for the benefit of the Member. The University may bring an action in the name of the Member to enforce these rights. 5.45.3 3. A physician’s physician‟s report shall be submitted, when requested by the President. Such a report will be required: a. a) for any sick leave period in excess of five (5) consecutive working days; b. b) in the event a Member’s Member‟s sick leave pattern raises substantial doubt of the claim, even if the individual’s individual‟s sick leave periods are short enough not to require medical certificates otherwise. 5.45.4 4. In order to have a sick leave benefits period reinstated up to the maximum, Members who have been absent and in receipt of sick leave benefits must return to full duties for at least one (1) full working day in the case of a completely unrelated and different disability cause, and for thirty (30) calendar days in the case of the same disability cause. 5.45.5 5. Sick leave benefits for any period of absence following notice of termination of employment will not be payable without substantiating medical evidence. 5.45.6 6. Sick leave benefits are not cumulative and are not cashable upon termination of employment or at any other time. 5.45.7 7. Sick leave benefits will be reduced by the amount of any Worker’s Worker‟s Compensation benefits or similar disability income benefits which the Member is eligible to receive by reason of accident or sickness, from a government plan, except Employment Insurance. 5.45.8 8. At any time during any sick leave, the Member may be requested by the President to undergo medical examinations by physicians appointed by the President and paid by the Employer, in order to be eligible to receive sick leave benefits and/or to be able to return to work. All reasonable expenses incurred as a result of such medical examination shall be paid by the Employer. 5.45.9 9. When disability is due to drug addiction or alcoholism, benefits provided by this Article will be granted only for leaves of absence necessary for proper treatment under a physician’s physician‟s care or that of specialized personnel. 5.45.10 10. When a Member’s Member‟s behaviour raises substantial doubt as to her/his physical or mental health, it is the Employer’s Employer‟s right to require a medical examination as per Article 4.65.3 c. 2.41, #3(c). LUFA shall be notified when such action is taken. 5.45.11 11. Sick leave benefits defined in this Article will not be granted under the following circumstances: a. a) intentionally self-inflicted injuries or diseases; b. b) pregnancy (however, complications due to pregnancy are covered by sick leave provisions, upon submission of a medical certificate); c. c) while vacation pay is also being received; d. d) wilful participation in riots, wars or violent or uncontrolled demonstrations or protests; e. e) injuries or diseases sustained while committing a criminal act for which the Member has been found to be guilty by a duly constituted court or while serving a prison sentence. 5.45.12 12. Should a Member resign or terminate employment with the University her/his medical reports shall be transferred to the Member’s Member‟s archival personnel file, as per Article 4.55.12.30 #1.

PHYSICAL AND MENTAL ILLNESS. 5.45.1 1. Members are eligible for sick leave up to a maximum of six (6) months at full salary from the date of disability due to accident or illness, for each separate disability cause, excluding maternity which shall be covered by the provisions of Article 5.503.50. Illness of a duration of more than six (6) months will be dealt with according to the provisions of the University’s Long Term Disability Plan. As soon as practicable after the start of each disability period, the President must be informed by or on behalf of the disabled Member about the absence and about its expected duration. 5.45.2 2. Where the Employer makes payment to the Member according to the above mentioned terms or assumes liability therefore, the University is subrogated to all rights of recovery of the Member to the extent that the University has made payment to, or on behalf of, or for the benefit of the Member. The University may bring an action in the name of the Member to enforce these rights. 5.45.3 3. A physician’s report shall be submitted, when requested by the President. Such a report will be required: a. a) for any sick leave period in excess of five (5) consecutive working days; b. b) in the event a Member’s sick leave pattern raises substantial doubt of the claim, even if the individual’s sick leave periods are short enough not to require medical certificates otherwise. 5.45.4 4. In order to have a sick leave benefits period reinstated up to the maximum, Members who have been absent and in receipt of sick leave benefits must return to full duties for at least one (1) full working day in the case of a completely unrelated and different disability cause, and for thirty (30) calendar days in the case of the same disability cause. 5.45.5 5. Sick leave benefits for any period of absence following notice of termination of employment will not be payable without substantiating medical evidence. 5.45.6 6. Sick leave benefits are not cumulative and are not cashable upon termination of employment or at any other time. 5.45.7 7. Sick leave benefits will be reduced by the amount of any Worker’s Compensation benefits or similar disability income benefits which the Member is eligible to receive by reason of accident or sickness, from a government plan, except Employment Insurance. 5.45.8 8. At any time during any sick leave, the Member may be requested by the President to undergo medical examinations by physicians appointed by the President and paid by the Employer, in order to be eligible to receive sick leave benefits and/or to be able to return to work. All reasonable expenses incurred as a result of such medical examination shall be paid by the Employer. 5.45.9 9. When disability is due to drug addiction or alcoholism, benefits provided by this Article will be granted only for leaves of absence necessary for proper treatment under a physician’s care or that of specialized personnel. 5.45.10 10. When a Member’s behaviour raises substantial doubt as to her/his physical or mental health, it is the Employer’s right to require a medical examination as per Article 4.65.3 c. 2.41, #3(c). LUFA shall be notified when such action is taken. 5.45.11 11. Sick leave benefits defined in this Article will not be granted under the following circumstances: a. a) intentionally self-inflicted injuries or diseases; b. b) pregnancy (however, complications due to pregnancy are covered by sick leave provisions, upon submission of a medical certificate); c. c) while vacation pay is also being received; d. d) wilful participation in riots, wars or violent or uncontrolled demonstrations or protests; e. e) injuries or diseases sustained while committing a criminal act for which the Member has been found to be guilty by a duly constituted court or while serving a prison sentence. 5.45.12 12. Should a Member resign or terminate employment with the University her/his medical reports shall be transferred to the Member’s archival personnel file, as per Article 4.55.12.30 #1.