Sick Leave

Marginal note:Sick leave

• 254. (1) Despite the Public Service Labour Relations Act, the Treasury Board may, during the period that begins on a day to be fixed by order made under subsection (3) and that ends immediately before the effective date, in the exercise of its responsibilities under section 11.1 of the Financial Administration Act, establish terms and conditions of employment related to the sick leave of employees in any particular bargaining unit and modify any such term or condition that is established during that period.

• Marginal note:Clarification

  (2) The terms and conditions of employment may include ones that are related to

  • (a) the number of hours of sick leave to which an employee is entitled in a fiscal year;

  • (b) the maximum number of hours of unused sick leave that an employee may carry over from one fiscal year to the next fiscal year; and

  • (c) the disposition of unused hours of sick leave that stand to an employee’s credit immediately before the effective date.

• Marginal note:Order in council

  (3) The Governor in Council may, by order made on the recommendation of the President of the Treasury Board, specify a day for the purposes of subsection (1).

Marginal note:Contractual language

255. Every term and condition of employment that is established or modified as permitted by section 254 must be drafted in a manner that permits its incorporation into a collective agreement or arbitral award that is binding on the employees in the bargaining unit.

Marginal note:Incorporation into collective agreement and arbitral award

256. Every term and condition of employment that is established or modified as permitted by section 254 is deemed, on the effective date, to be incorporated, as it is drafted to comply with section 255, into any collective agreement or arbitral award that is binding on the employees in the bargaining unit and that is in force on that date. That term or condition applies despite any provision to the contrary in the collective agreement or arbitral award.

Marginal note:Replacement of terms and conditions

257. Every term and condition of employment of the employees in the bargaining unit that is continued in force, on the effective date, by section 107 of the Public Service Labour Relations Act and that is inconsistent with a term or condition of employment that is established as permitted by section 254 in respect of those employees is, on the effective date, replaced by that term or condition, as it is drafted to comply with section 255.

Marginal note:Provisions are of no effect — arbitral awards during application period

• 258. (1) If an arbitral award that is binding on the employees in the bargaining unit is made during the application period and it contains a provision that is inconsistent with the terms and conditions of employment related to sick leave that applied to those employees immediately before the day on which the arbitral award is made, that provision is of no effect in relation to any period during the application period.

• Marginal note:Application

  (2) Subsection (1) applies only in respect of terms and conditions of employment that are established or modified as permitted by section 254 in respect of the employees in the bargaining unit.

Marginal note:Provisions are of no effect — arbitral awards after application period

• 259. (1) If an arbitral award that is binding on the employees in the bargaining unit is made after the expiry of the application period and it contains a provision that applies retroactively in relation to any period during the application period, any such provision that is inconsistent with the terms and conditions of employment related to sick leave that applied to those employees immediately before the expiry of the application period is of no effect in relation to that period during the application period.

• Marginal note:Application

  (2) Subsection (1) applies only in respect of terms and conditions of employment that are established or modified as permitted by section 254 in respect of the employees in the bargaining unit.

Short-term Disability Program

Marginal note:Establishment

• 260. (1) Despite the Public Service Labour Relations Act, the Treasury Board may, in the exercise of its powers under section 7.1 of the Financial Administration Act, establish a short-term disability program for employees in the bargaining units specified by order made by the Treasury Board, and for any other persons or classes of persons that the Treasury Board may designate, and take any measure necessary for that purpose. It may also, during the period that begins on the day on which the program is established and that ends on the expiry of the application period, and after taking into account the recommendations of the committee established under section 265, modify the program.

• Marginal note:Time specification can be made

  (2) The Treasury Board may specify a bargaining unit for the purposes of subsection (1) at the time it establishes the short-term disability program or at any time afterwards, and section 7.1 of the Financial Administration Act includes that power until the program is abolished or replaced.

• Marginal note:Deeming

  (3) Every bargaining unit of employees that has not been specified by the Treasury Board for the purposes of subsection (1) before the effective date is deemed to have been specified by order of the Treasury Board made immediately before the effective date.

Marginal note:Mandatory contents

• 261. (1) The short-term disability program must provide for the following:

  • (a) the rate or rates of benefits and the period during which the rate, or each rate, as the case may be, applies;

  • (b) the maximum period for which benefits may be paid; and

  • (c) provisions respecting the case management services that are to be provided.

• Marginal note:Optional contents

  (2) The short-term disability program may provide for a period during which benefits under it are not to be paid and any other matter that the Treasury Board considers appropriate.

Marginal note:Application of program

• 262. (1) The short-term disability program applies to the employees referred to in subsection 260(1), and to the other persons referred to in that subsection, during the application period despite

  • (a) any provision to the contrary of any collective agreement or arbitral award that is binding on those employees and that is in force on the effective date; and

  • (b) any terms and conditions of employment of those employees that are continued in force by section 107 of the Public Service Labour Relations Act and that are in force on the effective date.

• Marginal note:Provisions are of no effect

  (2) Every provision of any collective agreement that is entered into — and of any arbitral award that is made — on or after the effective date that is binding on employees referred to in subsection 260(1) and that is inconsistent with the program is of no effect during the application period.

• Marginal note:Program continues

  (3) The short-term disability program continues to apply to employees referred to in subsection 260(1), and to the other persons referred to in that subsection, after the expiry of the application period and until the program is abolished or replaced.

Marginal note:No retroactive application

263. No modification to the short-term disability program that is made by the Treasury Board in the exercise of its powers under section 7.1 of the Financial Administration Act after the expiry of the application period may, in relation to any period during the application period, retroactively affect the program.

Marginal note:Non-application

264. Subsection 7.1(2) of the Financial Administration Act does not apply in respect of the short-term disability program.

Marginal note:Committee

• 265. (1) The Treasury Board must, on the effective date, establish a committee consisting of representatives of the employer and representatives of the bargaining agents for employees.

• Marginal note:Purpose

  (2) The purpose of the committee is to make joint recommendations regarding modifications to the short-term disability program, including modifications to

  • (a) membership in the program;

  • (b) the matters referred to in section 261;

  • (c) the conditions for continuing to receive benefits under the program; and

  • (d) the reasons for which benefits under the program may be denied.

Marginal note:Order — effective date

266. The Treasury Board may, by order made on the recommendation of the President of the Treasury Board, specify the date on which the short-term disability program becomes effective.

Long-term Disability Programs

Marginal note:Modifications

267. Despite the Public Service Labour Relations Act, the Treasury Board may, during the period that begins on the day on which the short-term disability program is established and that ends on the expiry of the application period, in the exercise of its powers under section 7.1 of the Financial Administration Act, modify any long-term disability program in respect of the period during which an employee is not entitled to be paid benefits under the program.

Marginal note:Application of modifications

• 268. (1) The modifications made as permitted by section 267 apply to employees during the application period despite

  • (a) every provision to the contrary of any collective agreement or arbitral award that is binding on the employees and that is in force on the effective date; and

  • (b) any terms and conditions of employment of the employees that are continued in force by section 107 of the Public Service Labour Relations Act and that are in force on the effective date.

• Marginal note:Provisions are of no effect

  (2) Every provision of any collective agreement that is entered into — and of any arbitral award that is made — on or after the effective date that is inconsistent with any modifications that are made as permitted by section 267 is of no effect during the application period.

• Marginal note:Provisions continue

  (3) Every provision of any long-term disability program that is modified as permitted by section 267 continues to apply to employees after the expiry of the application period until the provision is struck out or replaced.