Sickness Any employee off duty on account of illness or injury may be required to produce a doctor’s certificate indicating date(s) of all clinical assessments, current medical restrictions and fitness to resume (or not resume) to regular or alternate duties. For non- occupational injury or illness of 15 consecutive work days or more or when returning to work with medical restrictions after a non- occupational injury or illness of any length of time, the employee must submit written authorization from their physician to the Health Services Section prior to the return to work date providing the above information. The employee may be required to visit the Health Services Section for a Return To Work health assessment. To be eligible for SBA benefits, an employee will not be required to provide a medical note for the first five days of absence in each calendar year for sickness or injury. From April 14, 2005 until December 31, 2005, all bargaining unit members will not be required to provide a medical note for the first three days of absence for sickness or injury within that period. The Commission will delete SBA By-law no. 4 which states “[f]or the third and subsequent incidents of illness in a calendar year, the first day will be deducted”. Employees required to report to the Health Services Section for a periodic health assessment will have any loss of pay made up. Should a dispute arise between the employees’ physician and the Health Services Section as to fitness to resume (or not) their regular or other work, the employees shall be referred to an independent medical consultant mutually agreed upon by the Union and the Commission for an independent medical examination (IME), and the consultant’s opinion of the employee’s physical or mental condition shall be considered in the decision finally made as to fitness to resume the employee’s regular or other work. In lodging an appeal from Health Services’ original decision, the employee shall guarantee the payment of the consultant’s fee. Should the original decision of Health Services be revised, the Commission shall pay the consultant’s fee. Should Health Services’ original decision be sustained, the consultant’s fee shall be paid by the employee. In all disputes respecting fitness for work (or not) on medical grounds, the independent medical assessment must be utilized before proceeding to arbitration. The letter of referral to the independent medical consultant shall be signed by a representative of Management and a representative of the Union and shall contain information provided by the employee’s own Physician as well as any other pertinent information. It shall also direct the independent medical consultant to send to both the Health Services Section and the Union any report or correspondence concerning the employee or any matter arising out of the referral. The employee shall be required to sign a letter authorizing the foregoing. Should the independent medical consultant’s decision remain in dispute concerning the employee’s fitness for duties, no medical evidence concerning the employee’s diagnosis or prognosis other than that provided to the independent medical consultant shall be introduced at any arbitration hearing. Maintenance employees will be required to notify their Supervisor or Foreperson of their intention of returning to work the day before actually returning to work. Failure to comply with the above could result in the employee being assigned other duties. It is understood that no employee will be sent home on account of inability or failure to notify the Foreperson or Supervisor. The Commission and Union agree to their joint responsibility to ensure that employees who are disabled due to injury or illness are afforded all available opportunities to participate in rehabilitation programs, including rehabilitative employment through the Transitional Work Program. To support this commitment, the Commission and the Union agree to work together to establish processes which allow for the identification of rehabilitation opportunities and the successful re- integration of employees into the workplace. Local 113 will be consulted of the movement of employees within the term of this Program. Any disputes arising from the administration of the Program will be addressed through the Management/Union Objectives process. It is agreed that when opportunities for rehabilitation have been identified, Health Services will discuss these opportunities with the employee and the treating physician and, with their approval, work together with the appropriate health professionals and other resources as may be necessary, to design an individual rehabilitation program.
