The AUFA grievance committee is pleased to announce that it has resolved a difficult matter regarding a sick-leave refusal.
Background
Last spring, AUFA informed its members about a troubling incidence of sick leave denial. A member whose partner was diagnosed with cancer became ill themselves. AU denied a portion of the member’s sick leave during a gradual return-to-work despite two notes from the member’s doctor asserting the member was, indeed, still recovering and could only work part-time.
Instead, AU deducted the sick leave from the member’s vacation leave, but did so without telling the member. AU also cut AUFA out of the discussion citing the member’s privacy even though (1) the member asked AUFA to be involved, and (2) there was no medical information being shared at the time.
After attempts to settle the matter, AUFA submitted a grievance over the stolen sick days and arbitration dates were set for May of 2020. In the early autumn, AUFA was forced to video-record testimony of the member’s partner who, by that time, had received a terminal diagnosis.
Subsequent to the video-taped testimony, AU requested the member’s doctor clarify that the two doctor’s notes that AU had already received should be read together (to provide a full understanding of the member’s conditions during the disputed time).
This seemed like a ridiculous request since the second note was provided as clarification of the first note (so, of course, they should be read together). Nonetheless, the doctor confirmed the two notes should be read together. After some delay, AU then returned the member’s vacation days (in late December).
Analysis
This issue could have been settled in March if AU had indicated that all it required was a third note from the member’s doctor saying the first two notes should be read together. This would have saved the member and the member’s family an immense amount of distress as well as both AUFA and AU a significant amount of money in legal costs.
It is puzzling that AU didn’t simply say that back in March. It could be that AU simply forgot—through all three stages of the grievance process over two months—to mention that the matter could be resolved with the provision of a third note.
An alternative explanation is that, by the autumn, AU realized (1) it was going to lose, and (2) the videotaped testimony of the member’s ill spouse was a looming PR disaster. So, AU then extemporized the need for a third note. The third note would allow AU to claim it had received “new medical information” and settle the matter without looking too awful.
Lessons
This grievance suggests several conclusions of relevance to all AUFA members:
You cannot trust HR. The job of HR is to advance the employer’s interests (which is usually saving money). HR is not there to support you or administer the collective agreement in an even-handed manner (although, sometimes, that can happen).
You need representation in accommodations. AU has recently developed a pattern of poorly handling accommodation and return-to-work issues. You are entitled to (and should seek) representation during any accommodation discussions, if only so you have a witness. You should also record all discussions with HR in writing.
You should check your time sheets. This grievance is not the only instance of AU altering time sheets with no notice to AUFA members. If you have been on a sick leave recently, you should check your time sheets to ensure their accuracy. If you find a discrepancy, contact the AUFA office by phone (780 675-6282) or email.
You should (if possible) decline graduated return to work (RTW). The purpose of gradually returning to work is to give you time to finish healing while adjusting to work again. AU’s tendency to hassle members on RTW suggests that, if your doctor gives you the option of a graduated RTW or staying off sick until you can return to work full time, you should seriously consider staying off sick to avoid making yourself a target. You may wish to print off this blog post and show it to your doctor if the topic comes up.
If your spidey-sense tingles, contact your union. AU is much more aggressively managing the employment relationship (e.g., we’ve had a huge surge in discipline cases). You are entitled to consult your union about employment issues. Such consultations are confidential and can be made by phone (780 675-6282) or email.
AU does not walk the talk on its I-CARE values. While university administrators talk about integrity and respect, they do not live up to these values. Denying an obviously sick employee with two doctor’s notes (and whose partner also has cancer) access to sick leave and then stealing the member’s vacation leave without notice is despicable behaviour. Stalling settlement for months and forcing a terminally ill spouse to testify is equally awful. How is that acting with respect and integrity?
Company doctors are bad news. During the last round of collective bargaining, AU proposed new language allowing it to send members to see company-appointed doctors at HR’s discretion. Company doctors exist to save employers money by denying worker sick leave entitlements. This grievance demonstrates why AUFA should never agree to company doctor language.
Bob Barnetson, Member
AUFA Grievance Committee