You're using an outdated browser. This website will not display correctly and some features will not work.
Learn more about the browsers we support for a faster and safer online experience.

Français

Education Act

ONTARIO REGULATION 1/13

SICK LEAVE CREDITS AND SICK LEAVE CREDIT GRATUITIES

Consolidation Period: From October 10, 2013 to the e-Laws currency date.

Last amendment: O. Reg. 275/13.

This is the English version of a bilingual regulation.

CONTENTS

0.1

Interpretation

0.2

Eligibility for sick leave credits only in accordance with Regulation

1.

Eligibility for sick leave credits, permanent employees, etc.

1.1

Eligibility for sick leave credits, long-term assignment

2.

Provision of sick leave credits

3.

Use of sick leave credits

4.

Sick leave credit gratuities

4.1

2013-2014 end of year payment

5.

When regulation ceases to apply

Interpretation

Definitions

0.1 (1) In this Regulation,

“casual employee” means,

(a) a casual employee within the meaning of the collective agreement that applied on August 31, 2012 to the class of employees of which the particular employee is a member,

(b) if clause (a) does not apply, an employee who is a casual employee as agreed upon by the board and the bargaining agent, or

(c) if clauses (a) and (b) do not apply, an employee who is not regularly scheduled to work; (“employé occasionnel”)

“full year long-term assignment” means a long-term assignment for which the period of employment for the position is the same as or longer than the ordinary period of employment for the position; (“affectation à long terme d’une année complète”)

“group” means a group of employees set out in subsection (2); (“groupe”)

“long-term assignment” means, in relation to an employee,

(a) a long-term assignment within the meaning of the collective agreement that applied on August 31, 2012 to the class of employees of which the employee is a member, or

(b) if there was no applicable collective agreement or the agreement did not set out a meaning, an assignment that includes at least twelve days of continuous employment; (“affectation à long terme”)

“ordinary period of employment” means, in respect of a position with a board,

(a) the board’s school year, in the case where employees who perform the type of work that the position involves are ordinarily employed by the board for a period of time that corresponds to the school year; or

(b) the board’s fiscal year, in any other case; (“période d’emploi normale”)

“part year long-term assignment” means a long-term assignment for which the period of employment for the position is less than the ordinary period of employment for the position. (“affectation à long terme d’une partie d’année”)

“teachers’ bargaining unit” has the same meaning as in subsection 277.1 (1) of the Act. (“unité de négociation d’enseignants”) O. Reg. 184/13, s. 1; O. Reg. 275/13, s. 1 (1).

(2) For the purposes of this Regulation, the following are groups of employees:

1. Group A: An employee who is in a bargaining unit represented by the Elementary Teachers’ Federation of Ontario or the Ontario Secondary School Teachers’ Federation, an employee who is in a bargaining unit represented by the Association des enseignantes et des enseignants franco-ontariens, an employee who is a principal or vice-principal, or an employee of an English-language public board or a French-language district school board who is in a bargaining unit represented by one of the following bargaining agents:

i. Association of Professional Student Services Personnel.

ii. Canadian Office and Professional Employees Union, Ontario.

iii. Educational Assistants Association of Waterloo Region District School Board.

iv. Educational Resource Facilitators of Peel.

v. Essex and Kent Counties Skilled Trades Council.

vi. Halton District Educational Assistants’ Association.

vii. Maintenance and Construction Skilled Trades Council.

viii. Ontario Public Service Employees Union.

ix. Service Employees International Union.

x. Unifor.

2. Group B: An employee who is in a bargaining unit represented by the Canadian Union of Public Employees.

3. Group C: An employee who is in a bargaining unit represented by the Ontario English Catholic Teachers’ Association.

3.1 Group C.1: An employee of an English-language Roman Catholic board who is in a bargaining unit, other than a teachers’ bargaining unit, represented by one of the following bargaining agents:

i. Association of Professional Student Services Personnel.

ii. Canadian Office and Professional Employees Union, Ontario.

iii. Custodian Association of Huron Perth.

iv. Dufferin-Peel Educational Resources Workers’ Association.

v. Labourers’ International Union of North America.

vi. Ontario Public Service Employees Union.

vii. Service Employees International Union.

viii. Unifor.

ix. Unite Here.

4. Group D: An employee who is not in a bargaining unit, other than a principal or vice-principal.

5. Group E: An employee who is in any other bargaining unit. O. Reg. 184/13, s. 1; O. Reg. 275/13, s. 1 (2, 3).

Eligibility for sick leave credits only in accordance with Regulation

0.2 An employee of a board shall only be eligible for sick leave credits in accordance with section 1 or 1.1. O. Reg. 184/13, s. 1.

Eligibility for sick leave credits, permanent employees, etc.

1. (1) This section applies in respect of an employee who meets any of the following descriptions, other than an employee employed to fill a long-term assignment position:

1. An employee who is in a class of employees that, on August 31, 2012, was eligible to accumulate sick leave credits, which, for greater certainty, includes employees who became members of that class after August 31, 2012.

2. An employee who is employed for more than 24 hours per week and is in a bargaining unit represented by the Elementary Teachers’ Federation of Ontario or the Ontario Secondary School Teachers’ Federation.

3. A permanent employee, other than a casual employee, who is in a bargaining unit represented by the Canadian Union of Public Employees. O. Reg. 184/13, s. 2 (1).

(2) An employee in group A shall be eligible for the following sick leave credits during a board’s fiscal year:

1. 11 days of sick leave paid at a rate of pay equal to 100 per cent of the employee’s salary for the year.

2. 120 days of sick leave paid at a rate of pay equal to 90 per cent of the employee’s salary for the year, if the employee’s entitlement to that sick leave has been determined,

i. through the process set out in the collective agreement or employment contract that applied on August 31, 2012 to the class of employees of which the employee is a member, or

ii. if such a process is not set out in the employment contract or collective agreement, in accordance with the board’s practice, as it existed on August 31, 2012. O. Reg. 184/13, s. 2 (1).

(2.1) An employee in group B shall be eligible for the following sick leave credits during a board’s fiscal year:

1. 11 days of sick leave paid at a rate of pay equal to 100 per cent of the employee’s salary for the year.

2. 120 days of sick leave paid at a rate of pay equal to,

i. 90 per cent of the employee’s salary for the year, if,

A. for the purpose of providing proof of the sickness or injury, the employee provides reasonable evidence or medical documentation, or

B. in a case where the sickness or injury is of such a nature that the board does not possess the expertise necessary to assess the proof, the employee’s entitlement to that rate has been determined through a third party assessment process, or

ii. 66.67 per cent of the employee’s salary for the year, for all other employees. O. Reg. 184/13, s. 2 (1).

(2.2) Subject to subsections (2.3) and (2.4), an employee in group C, D or E shall be eligible for the following sick leave credits during a board’s fiscal year:

1. 11 days of sick leave paid at a rate of pay equal to 100 per cent of the employee’s salary for the year.

2. 120 days of sick leave paid at a rate of pay equal to,

i. 90 per cent of the employee’s salary for the year, if the employee’s entitlement to that rate has been determined through an adjudicative process agreed to by the employee and the board, and,

A. the sick leave credit is used on a work day that is one of five or more consecutive work days on which the employee uses sick leave credits, or

B. the sick leave credit is used in respect of a repetitive or chronic illness, or

ii. 66.67 per cent of the employee’s salary for the year, for all other employees. O. Reg. 184/13, s. 2 (1).

(2.3) If the bargaining agent for a bargaining unit of employees in group C so elects, on or before June 30, 2013, the employees shall be eligible, as of a date specified by the bargaining agent that is no later than September 1, 2013, for the sick leave credits described in subsection (2) instead of those described in subsection (2.2). O. Reg. 184/13, s. 2 (1).

(2.4) If a board so decides, on or before June 30, 2013, all of its employees in group D shall be eligible, as of a date specified by the board that is no later than September 1, 2013, for the sick leave credits described in subsection (2) instead of those described in subsection (2.2). O. Reg. 184/13, s. 2 (1).

(2.5) In making its decision under subsection (2.4), the board shall consider such factors as the extent to which its other employees are eligible for the sick leave credits described in subsection (2) and whether providing the sick leave credits described in subsection (2) would be more cost effective. O. Reg. 184/13, s. 2 (1).

(2.6) Subject to subsection (2.7), an employee in group C.1 shall be eligible for the sick leave credits described in subsection (2.2) during a board’s fiscal year. O. Reg. 275/13, s. 2 (1).

(2.7) If an election is made under subsection (2.3) in respect of employees in group C, one of the following rules applies to the employees in group C.1:

1. If, as a result of the election, some of the board’s employees in group C are eligible for the sick leave credits described in subsection (2) and others continue to be eligible for the sick leave credits described in subsection (2.2), a bargaining agent for a bargaining unit of employees in group C.1 shall elect, on or before October 31, 2013, whether such employees are to be eligible, as of September 1, 2013, for the sick leave credits described in subsection (2) or those described in subsection (2.2).

2. If, as a result of the election, all of the board’s employees in group C are eligible for the sick leave credits described in subsection (2), the employees in group C.1 shall, as of September 1, 2013, no longer be eligible for the sick leave credits described in subsection (2.2) and shall instead be eligible for the sick leave credits described in subsection (2). O. Reg. 275/13, s. 2 (1).

(3) Subsection (3.1) applies in respect of employees in the following bargaining units:

1. A bargaining unit represented by the Canadian Union of Public Employees.

2. A bargaining unit represented by the Ontario Secondary School Teachers’ Federation, other than a teachers’ bargaining unit.

3. A bargaining unit, other than a teachers’ bargaining unit, represented by the Association des enseignantes et des enseignants franco-ontariens.

4. A bargaining unit, other than a teachers’ bargaining unit, represented by the Elementary Teachers’ Federation of Ontario.

5. A bargaining unit represented by one of the following bargaining agents:

i. Association of Professional Student Services Personnel.

ii. Canadian Office and Professional Employees Union, Ontario.

iii. Custodian Association of Huron Perth.

iv. Dufferin-Peel Educational Resources Workers’ Association.

v. Educational Assistants Association of Waterloo Region District School Board.

vi. Educational Resource Facilitators of Peel.

vii. Essex and Kent Counties Skilled Trades Council.

viii. Halton District Educational Assistants’ Association.

ix. Labourers’ International Union of North America.

x. Maintenance and Construction Skilled Trades Council.

xi. Ontario Public Service Employees Union.

xii. Service Employees International Union.

xiii. Unifor.

xiv. Unite Here. O. Reg. 184/13, s. 2 (1); O. Reg. 275/13, s. 2 (2).

(3.1) An employee in a bargaining unit that is set out in subsection (3) is eligible for additional sick leave credits for a fiscal year, but only if both of the following circumstances exist:

1. Under a collective agreement that was in effect on August 31, 2012, the employee was required to wait more than 131 days before being eligible for benefits under a long-term disability plan.

2. The collective agreement did not allow the employee the option of reducing that waiting period. O. Reg. 11/13, s. 1 (2); O. Reg. 184/13, s. 2 (2).

(3.1.1) An employee in a teachers’ bargaining unit represented by the Elementary Teachers’ Federation of Ontario is eligible for additional sick leave credits for a fiscal year, but only if all of the following circumstances exist:

1. Under a collective agreement that was in effect on August 31, 2012, the employee was required to wait more than 131 days before being eligible for benefits under a long-term disability plan.

2. The collective agreement did not allow the employee the option of reducing that waiting period.

3. The waiting period commences on or before December 31, 2013. O. Reg. 275/13, s. 2 (3).

(3.2) An employee who is eligible for additional sick leave credits under subsection (3.1) or (3.1.1) is entitled to the number of additional days of sick leave credits (to be paid at the rate of pay specified in paragraph 2 of subsection (2), paragraph 2 of subsection (2.1) or paragraph 2 of subsection (2.2)) that is determined using the formula,

A − B

in which,

“A” is the number of days that, under a collective agreement that was in effect on August 31, 2012, the employee was required to wait before being eligible for benefits under a long-term disability plan, and

“B” is 131 days.

O. Reg. 11/13, s. 1 (2); O. Reg. 184/13, s. 2 (3); O. Reg. 275/13, s. 2 (4).

(3.3) An employee in a bargaining unit represented by the Canadian Union of Public Employees is eligible for additional sick leave credits for a fiscal year, but only if, within six weeks after the birth of the employee’s child, the employee will be eligible for maternity benefits under the Employment Insurance Act (Canada). O. Reg. 184/13, s. 2 (4).

(3.4) An employee who is eligible for additional sick leave credits under subsection (3.3) is entitled to additional days of sick leave credits (to be paid at a rate of pay equal to 100 per cent of the employee’s salary for the year) for the period beginning on the date of birth of the employee’s child and ending on the date as of which the employee becomes eligible for maternity benefits under the Employment Insurance Act (Canada). O. Reg. 11/13, s. 1 (2).

(4)-(5.1) Revoked: O. Reg. 184/13, s. 2 (5).

(6) For the purposes of subsections (2), (2.1) and (2.2), if an employee of a board is only employed to work for part of a year, the employee’s eligibility for sick leave credits shall be reduced in accordance with the policy of the board, as it existed on August 31, 2012. O. Reg. 1/13, s. 1 (6); O. Reg. 184/13, s. 2 (6).

(7) The references in the following provisions to an adjudicative process agreed to by the employee and the board shall be read as references to the adjudicative process set out in the “Memorandum of Understanding between the Ministry of Education and the Ontario English Catholic Teachers’ Association (OECTA)”, dated July 5, 2012.

1. Subparagraph 2 i of subsection (2.2)

2. Subparagraph 2 i of subsection 1.1 (4).

3. Subparagraph 2 i of subsection 1.1 (7). O. Reg. 275/13, s. 2 (5).

(8) In the case of a conflict between paragraph 2 of subsection (2), paragraph 2 of subsection (2.1) or paragraph 2 of subsection (2.2) and a term in an employment contract or collective agreement that, pursuant to Ontario Regulation 313/12 (Sick Leave Provisions, 2012-2013) made under the Putting Students First Act, 2012, the contract or agreement was required to provide for, the term in the contract or agreement shall prevail. O. Reg. 184/13, s. 2 (9).

Eligibility for sick leave credits, long-term assignment

1.1 (1) This section applies in respect of an employee who is employed to fill a long-term assignment position. O. Reg. 184/13, s. 3.

(2) An employee in group A who is employed by a board to fill a full year long-term assignment position shall be eligible for the following sick leave credits during the board’s fiscal year:

1. 11 days of sick leave paid at a rate of pay equal to 100 per cent of the employee’s salary for the year.

2. 60 days of sick leave paid at a rate of pay equal to 90 per cent of the employee’s salary for the year, if the employee’s entitlement to that sick leave has been determined,

i. through the process set out in the collective agreement or employment contract that applied on August 31, 2012 to the class of employees of which the employee is a member, or

ii. if such a process is not set out in the employment contract or collective agreement, in accordance with the board’s practice, as it existed on August 31, 2012. O. Reg. 184/13, s. 3.

(3) Subject to subsection (8), an employee in group B who is employed by a board to fill a full year long-term assignment position shall be eligible for the following sick leave credits during the board’s fiscal year:

1. 11 days of sick leave paid at a rate of pay equal to 100 per cent of the employee’s salary for the year.

2. 60 days of sick leave paid at a rate of pay equal to,

i. 90 per cent of the employee’s salary for the year, if,

A. for the purpose of providing proof of the sickness or injury, the employee provides reasonable evidence or medical documentation, or

B. in a case where the sickness or injury is of such a nature that the board does not possess the expertise necessary to assess the proof, the employee’s entitlement to that rate has been determined through a third party assessment process, or

ii. 66.67 per cent of the employee’s salary for the year, for all other employees. O. Reg. 184/13, s. 3.

(4) Subject to subsections (9) and (10), an employee in group C, D or E who is employed by a board to fill a full year long-term assignment position shall be eligible for the following sick leave credits during a board’s fiscal year:

1. 11 days of sick leave paid at a rate of pay equal to 100 per cent of the employee’s salary for the year.

2. 60 days of sick leave paid at a rate of pay equal to,

i. 90 per cent of the employee’s salary for the year, if the employee’s entitlement to that rate has been determined through an adjudicative process agreed to by the employee and the board, and,

A. the sick leave credit is used on a work day that is one of five or more consecutive work days on which the employee uses sick leave credits, or

B. the sick leave credit is used in respect of a repetitive or chronic illness, or

ii. 66.67 per cent of the employee’s salary for the year, for all other employees. O. Reg. 184/13, s. 3.

(5) An employee in group A who is employed by a board to fill a part year long-term assignment position shall be eligible for the following sick leave credits during the board’s fiscal year:

1. 11 days of sick leave, reduced to reflect the proportion that the employee’s period of employment bears to the ordinary period of employment for the position, paid at a rate of pay equal to 100 per cent of the employee’s salary for the year.

2. 60 days of sick leave, reduced to reflect the proportion that the employee’s period of employment bears to the ordinary period of employment for the position, paid at a rate of pay equal to 90 per cent of the employee’s salary for the year, if the employee’s entitlement to that sick leave has been determined,

i. through the process set out in the collective agreement or employment contract that applied on August 31, 2012 to the class of employees of which the employee is a member, or

ii. if such a process is not set out in the employment contract or collective agreement, in accordance with the board’s practice, as it existed on August 31, 2012. O. Reg. 184/13, s. 3.

(6) Subject to subsection (8), an employee in group B who is employed by a board to fill a part year long-term assignment position shall be eligible for the following sick leave credits during a board’s fiscal year:

1. 11 days of sick leave, reduced to reflect the proportion that the employee’s period of employment bears to the ordinary period of employment for the position, paid at a rate of pay equal to 100 per cent of the employee’s salary for the year.

2. 60 days of sick leave, reduced to reflect the proportion that the employee’s period of employment bears to the ordinary period of employment for the position, paid at a rate of pay equal to,

i. 90 per cent of the employee’s salary for the year, if,

A. for the purpose of providing proof of the sickness or injury, the employee provides reasonable evidence or medical documentation, or

B. in a case where the sickness or injury is of such a nature that the board does not possess the expertise necessary to assess the proof, the employee’s entitlement to that rate has been determined through a third party assessment process, or

ii. 66.67 per cent of the employee’s salary for the year, for all other employees. O. Reg. 184/13, s. 3.

(7) Subject to subsections (9) and (10), an employee in group C, D or E who is employed by a board to fill a part year long-term assignment position shall be eligible for the following sick leave credits during a board’s fiscal year:

1. 11 days of sick leave, reduced to reflect the proportion that the employee’s period of employment bears to the ordinary period of employment for the position, paid at a rate of pay equal to 100 per cent of the employee’s salary for the year.

2. 60 days of sick leave, reduced to reflect the proportion that the employee’s period of employment bears to the ordinary period of employment for the position, paid at a rate of pay equal to,

i. 90 per cent of the employee’s salary for the year, if the employee’s entitlement to that rate has been determined through an adjudicative process agreed to by the employee and the board, and,

A. the sick leave credit is used on a work day that is one of five or more consecutive work days on which the employee uses sick leave credits, or

B. the sick leave credit is used in respect of a repetitive or chronic illness, or

ii. 66.67 per cent of the employee’s salary for the year, for all other employees. O. Reg. 184/13, s. 3.

(8) Subsections (3) and (6) apply only to an employee of a board who is in a class of employees that, on August 31, 2012, was eligible to receive sick leave credits, which, for greater certainty, includes employees who became members of that class after August 31, 2012. O. Reg. 184/13, s. 3.

(9) If the bargaining agent for a bargaining unit of employees in group C so elects, on or before June 30, 2013, the employees shall be eligible, as of a date specified by the bargaining agent that is no later than September 1, 2013, for the sick leave credits described in subsection (2) or (5), as the case may be, instead of those described in subsection (4) or (7). O. Reg. 184/13, s. 3.

(10) If a board so decides, on or before June 30, 2013, all of its employees in group D shall be eligible, as of a date specified by the board that is no later than September 1, 2013, for the sick leave credits described in subsection (2) or (5), as the case may be, instead of those described in subsection (4) or (7). O. Reg. 184/13, s. 3.

(11) In making its decision under subsection (10), the board shall consider such factors as the extent to which its other employees are eligible for the sick leave credits described in subsection (2) or (5) and whether providing the sick leave credits described in subsection (2) or (5) would be more cost effective. O. Reg. 184/13, s. 3.

(12) Subject to subsection (13), an employee in group C.1 shall be eligible for the sick leave credits described in subsection (4) or (7), as the case may be, during a board’s fiscal year. O. Reg. 275/13, s. 3.

(13) If an election is made under subsection (9) in respect of employees in group C, one of the following rules applies to the employees in group C.1:

1. If, as a result of the election, some of the board’s employees in group C are eligible for the sick leave credits described in subsection (2) or (5), as the case may be, and others continue to be eligible for the sick leave credits described in subsection (4) or (7), a bargaining agent for a bargaining unit of employees in group C.1 shall elect, on or before October 31, 2013, whether such employees are to be eligible, as of September 1, 2013, for the sick leave credits described in subsection (2) or (5) or those described in subsection (4) or (7).

2. If, as a result of the election, all of the board’s employees in group C are eligible for the sick leave credits described in subsection (2) or (5), as the case may be, the employees in group C.1 shall, as of September 1, 2013, no longer be eligible for the sick leave credits described in subsection (4) or (7) and shall instead be eligible for the sick leave credits described in subsection (2) or (5). O. Reg. 275/13, s. 3.

Provision of sick leave credits

2. All sick leave credits that an employee is eligible for during a board’s fiscal year shall be provided to the employee on,

(a) the first day of the fiscal year, for employees who are employed by the board on the first day in the fiscal year; or

(b) the first day of employment, for all other employees. O. Reg. 1/13, s. 2; O. Reg. 184/13, s. 4.

Use of sick leave credits

3. (1) A sick leave credit may be used by an employee only in respect of a day that the employee is sick or injured. O. Reg. 1/13, s. 3 (1).

(2) Despite subsection (1), an employee may use a sick leave credit paid at a rate of pay equal to 100 per cent of the employee’s salary for the year in respect of an illness within the meaning of the collective agreement or employment contract that applied on August 31, 2012 to the class of employees of which the employee is a member or, if the agreement or contract did not set out a meaning, within the meaning of a policy of the board, as it existed on August 31, 2012. O. Reg. 184/13, s. 5 (1).

(2.1) Despite subsection (1), an employee may use a sick leave credit paid at a rate of pay equal to 90 per cent or 66.67 per cent of the employee’s salary for the year in respect of a medical appointment that relates to the employee’s health. O. Reg. 184/13, s. 5 (1).

(3) A sick leave credit may be used by an employee only in the fiscal year for which it was provided and may not be used in any subsequent fiscal year, except in accordance with subsection (5), (7) or (8). O. Reg. 1/13, s. 3 (3).

(4) A sick leave credit provided for a fiscal year to an employee who is employed by a board to fill a long-term assignment position may be used by the employee in respect of a subsequent long-term assignment position in the same fiscal year. O. Reg. 11/13, s. 2 (2).

(5) If an employee has used all of the sick leave credits provided under paragraph 1 of subsection 1 (2), paragraph 1 of subsection 1 (2.1) or paragraph 1 of subsection 1 (2.2) for the fiscal year, the employee may use any unused sick leave credits that were provided for the immediately preceding fiscal year under paragraph 1 of subsection 1 (2), paragraph 1 of subsection 1 (2.1) or paragraph 1 of subsection 1 (2.2) in accordance with the following:

1. The employee may use the unused sick leave credits to top up sick leave credits provided for the current fiscal year under paragraph 2 of subsection 1 (2), subparagraph 2 i of subsection 1 (2.1) or subparagraph 2 i of subsection 1 (2.2) to a rate of pay equal to 100 per cent of the employee’s salary for the year.

2. Each unused sick leave credit may be used to top up a maximum of 10 sick leave credits provided under paragraph 2 of subsection 1 (2), subparagraph 2 i of subsection 1 (2.1) or subparagraph 2 i of subsection 1 (2.2). O. Reg. 1/13, s. 3 (5); O. Reg. 184/13, s. 5 (2-4).

(6) For the 2012-2013 fiscal year, it shall be deemed that every employee who is eligible for sick leave credits under section 1 has a total of two unused sick leave credits that may be used in accordance with subsection (5). O. Reg. 1/13, s. 3 (6); O. Reg. 184/13, s. 5 (5).

(7) Where an employee is absent due to sickness or injury on his or her first work day in a fiscal year, a sick leave credit may only be used in respect of that day in accordance with the following:

1. If, on the last work day in the previous fiscal year, the employee used a sick leave credit due to the same sickness or injury that requires the employee to be absent on the first work day in the current fiscal year,

i. the employee may not use a sick leave credit provided for the current fiscal year in respect of the first work day, and

ii. the employee may use any unused sick leave credits provided for the immediately preceding fiscal year in respect of the first work day.

2. If paragraph 1 does not apply, the employee may use a sick leave credit provided for the current fiscal year in respect of the first work day if, for the purpose of providing proof of the sickness or injury, the employee submits,

i. the information specified for that purpose in the employee’s employment contract or collective agreement, or

ii. if such information is not specified in the employment contract or collective agreement, the information specified for that purpose under a policy of the board, as it existed on August 31, 2012. O. Reg. 1/13, s. 3 (7).

(8) If an employee is absent due to sickness or injury on his or her first work day in a fiscal year, subsection (7) also applies in respect of any work day immediately following the employee’s first work day until the employee returns to work in accordance with the terms of employment. O. Reg. 1/13, s. 3 (8).

(9) For greater certainty, the references in subsections (7) and (8) to a sickness or injury include a sickness or injury of a person other than the employee if, pursuant to subsection (2), the employee is entitled to use a sick leave credit in respect of a day on which the other person is sick or injured. O. Reg. 1/13, s. 3 (9); O. Reg. 184/13, s. 5 (6).

(10) While an employee is working less than a full day in the course of a graduated return to work as he or she recovers from a sickness or injury, the employee may use sick leave credits to top up his or her salary as follows:

1. The employee may use the sick leave credits provided under paragraph 1 of subsection 1 (2), paragraph 1 of subsection 1 (2.1) or paragraph 1 of subsection 1 (2.2) to top up his or her salary to a rate of pay equal to 100 per cent of the employee’s salary for the fiscal year.

2. The employee may use the sick leave credits provided under paragraph 2 of subsection 1 (2), paragraph 2 of subsection 1 (2.1) or paragraph 2 of subsection 1 (2.2) to top up his or her salary to a rate of pay equal to 90 per cent of the employee’s salary for the fiscal year.

3. If the employee is receiving benefits under the Workplace Safety and Insurance Act, 1997 or under a long term disability plan, the amount that the employee is receiving for those benefits shall be considered part of the employee’s salary for the purposes of this subsection.

4. A sick leave credit may be used to top up the employee’s salary on more than one day. O. Reg. 11/13, s. 2 (3); O. Reg. 184/13, s. 5 (7-10).

Sick leave credit gratuities

4. (1) An employee is not eligible to receive a sick leave credit gratuity after August 31, 2012, except a sick leave credit gratuity that the employee had accumulated and was eligible to receive as of that day. O. Reg. 1/13, s. 4 (1).

(2) If the employee is eligible to receive a sick leave credit gratuity, upon the employee’s retirement, the gratuity shall be paid out at the lesser of,

(a) the rate of pay specified by the board’s system of sick leave credit gratuities that applied to the employee on August 31, 2012; and

(b) the employee’s salary as of August 31, 2012. O. Reg. 1/13, s. 4 (2).

(3) If a sick leave credit gratuity is payable upon the death of an employee, the gratuity shall be paid out in accordance with subsection (2). O. Reg. 1/13, s. 4 (3).

(4) If, as of August 31, 2012, an employee has accumulated a sick leave credit gratuity but if the employee is not eligible to receive it for the sole reason that he or she has not satisfied an eligibility requirement relating to the number of years of his or her service as an employee with the board, the employee is eligible to receive, by June 30, 2013, the following amount for gratuity wind-up:

1. If the collective agreement or employment contract, as the case may be, that was in effect on August 31, 2012 or a board policy that was in effect on that date provided for a payment for a sick leave credit gratuity, the amount that is the lesser of,

i. the amount of the payment that would be provided under the collective agreement, employment contract or board policy, calculated using the number of years of his or her service as an employee with the board as of August 31, 2012 and using the number of days of sick leave credits accumulated by him or her as of August 31, 2012, and

ii. the amount calculated using the formula in paragraph 2.

2. In any other case, the amount calculated using the formula,

(X/30) × (Y/200) × (Z/4)

in which,

“X” is the number of years of his or her service as an employee with the board as of August 31, 2012, or as an employee with any board as of that date, depending on the rules referred to in subsection (4.1),

“Y” is the lesser of 200 and the number of days of sick leave credits accumulated by the employee as of August 31, 2012, and

“Z” is the employee’s salary as of August 31, 2012.

O. Reg. 11/13, s. 3 (1); O. Reg. 184/13, s. 6 (1, 2).

(4.1) For the purposes of the formula set out in paragraph 2 of subsection (4), variables “X”, “Y” and “Z” shall be determined in accordance with the rules set out in the collective agreement or employment contract, as the case may be, that was in effect on August 31, 2012 or, if such rules are not set out in the agreement or contract, in accordance with the rules set out in a board policy that was in effect on that date. O. Reg. 184/13, s. 6 (3).

(4.2) If there is a dispute between an employee and a board about the amount that the employee is eligible to receive under subsection (4), and the dispute has not been resolved by June 30, 2013, the employee’s eligibility to receive the amount for gratuity wind-up by June 30, 2013 shall not apply and instead the employee shall be eligible to receive that amount as soon as reasonably possible after the dispute has been resolved. O. Reg. 184/13, s. 6 (3).

(5) For the purposes of the following boards, despite anything in the board’s system of sick leave credit gratuities, it is a condition of eligibility to receive a sick leave credit gratuity that the employee have 10 years of service with the board:

1. Near North District School Board.

2. Avon Maitland District School Board.

3. Hamilton-Wentworth District School Board.

4. Huron Perth Catholic District School Board.

5. Peterborough Victoria Northumberland and Clarington Catholic District School Board.

6. Hamilton-Wentworth Catholic District School Board.

7. Waterloo Catholic District School Board.

8. Limestone District School Board.

9. Conseil scolaire de district catholique Centre-Sud.

10. Conseil scolaire Viamonde. O. Reg. 1/13, s. 4 (5); O. Reg. 11/13, s. 3 (2); O. Reg. 112/13, s. 1; O. Reg. 184/13, s. 6 (4).

2013-2014 end of year payment

4.1 (1) This section applies in respect of an employee who was eligible to receive sick leave credits during the 2013-2014 fiscal year, other than an employee in group B or D or a principal or vice-principal. O. Reg. 184/13, s. 7.

(2) At the end of the 2013-2014 fiscal year, an employee shall be eligible to receive a payment of an amount equal to one day of work paid at a rate of pay equal to 100 per cent of the employee’s salary for the year, if the employee meets the following conditions:

1. The employee used less than six sick leave credits during the fiscal year or, if the employee’s period of employment in the fiscal year was less than the ordinary period of employment for the employee’s position, the number of sick leave credits determined under subsection (3).

2. The employee took at least one unpaid day of leave during the fiscal year. O. Reg. 184/13, s. 7.

(3) For the purposes of paragraph 1 of subsection (2), the number of sick leave credits shall be determined in accordance with the following formula:

(X/Y) × 6

in which,

“X” is the number of days that the employee was employed in the position; and

“Y” is the number of days of employment that fall within the ordinary period of employment for the position.

O. Reg. 184/13, s. 7.

When regulation ceases to apply

5. (1) Subject to subsection (2), this Regulation ceases to apply in respect of an employee of a board after August 31, 2014. O. Reg. 275/13, s. 4.

(2) If, on September 1, 2014, an employee is in a bargaining unit in respect of which notice of a desire to bargain has been given under section 16 or section 59 of the Labour Relations Act, 1995 and no collective agreement is in operation, this Regulation shall continue to apply in respect of the employee until the earliest of the following occurs:

1. A collective agreement is in operation.

2. The Minister appoints a conciliation officer or a mediator under the Labour Relations Act, 1995, and,

i. seven days elapse after the Minister releases to the parties the report of a conciliation board or mediator, or

ii. 14 days elapse after the Minister releases to the parties a notice that he or she does not consider it advisable to appoint a conciliation board.

3. The right of the trade union, as defined in subsection 1 (1) of the Labour Relations Act, 1995, to represent the employees is terminated. O. Reg. 275/13, s. 4.

6. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 1/13, s. 6.

Français