Attendance Management - Eligible employees have the right to use sick time

Article 19 of the Provincial Collective Agreement ensures that all employees are entitled to sick time for an illness, quarantine by a Medical Officer of Health, or for an accident for which compensation is not payable under the Workers Compensation Act. While employers have a right to adopt “Attendance Management Programs,” United Nurses of Alberta is generally opposed to the implementation of programs that may discourage employees from accessing their collectively bargained right to sick leave. UNA advocates for safer and healthier workplaces to support employee attendance. Employers are permitted to implement such programs subject to the wording of Article 4, which requires policies to be fair, reasonable and professional. Therefore, employers must set reasonable standards and not use averages that employees may be unable to meet. Employers must also apply attendance standards in a fair and reasonable manner. Employers are also entitled to hold attendance management meetings with employees. However, disciplinary discussions are not permitted as part of an attendance management program. Therefore, meetings should be supportive and not focussed on blame or intimidation. An attendance management program does not excuse an employer from the requirement to accommodate employees on the basis of protected grounds of discrimination, such as mental and physical disabilities and family obligations, as set out in Article 6 of the Provincial Collective Agreement. Absences on these grounds must not be included in the employer’s calculation of absences. During the meeting there should also be no questions about any medical condition or disability. UNA encourages employers to ask during any meetings if there is anything the employee needs or any accommodation required for the employee to remain at work.

Voting in Alberta Elections

Alberta’s Election Act ensures that all eligible voters are allowed three consecutive hours for the purpose of voting. An Employee’s regular work schedule may already allow for three consecutive hours while the polls are open (from 900 to 2000 on Election Day). For example, if a shift begins at 1200, or ends by 1700, an Employee will have the three hours required by legislation to vote and would not be entitled to take additional time off. The provisions contained in Section 132 of the Election Act state: (1) If the work schedule of an employee who is an elector does not provide the employee with 3 consecutive hours to vote in an election or plebiscite during one of the days of advance voting or on election day, the employer shall allow the employee leave time for voting as required to provide the employee 3 consecutive hours to vote during voting hours on any of the days of voting, at the convenience of the employer. (3) No employer may make any deduction from the pay of an employee or impose on or exact from the employee any penalty by reason of the employee’s absence from employment during the leave time for voting referred to in subsection (1). UNA members are encouraged to speak with their Employer in advance to ensure they have the time off to vote if needed. UNA members with any questions or concerns should contact their UNA local executive or Labour Relations Officer at 1-800-252-9394.

Bring union representation to Employer meetings

According to Article 23.06 of the UNA Provincial Collective Agreement, Employees can have a union representative present for any meetings being held with the Employer that could lead to disciplinary action. When an Employer calls an Employee into a meeting that could possibly have disciplinary aspects to it, the Employer needs to inform the Employee of this right to union representation. The article states that Employees also need to be provided a reasonable advance notice of the meeting, which, if circumstances permit, shall not be less than 24 hours. An Employer will often say that a union representative is not necessary, however, UNA strongly encourages Employees to take a union representative with them to provide support, take notes and provide assistance following the meeting. If you have any questions or concerns, please contact your UNA local executive or Labour Relations Officer at 1-800-252-9394.

Off Planner Vacation Requests

According to Article 17.03(b)(ii) of the UNA Provincial Collective Agreement, when an Employee submits a request in writing after April 30 for vacation, the Employer shall indicate approval or disapproval in writing of the vacation request within 14 days of the request. Each request submitted by an Employee must be assessed on a case-by-case basis. If your manager says they are not approving any “off planner” or “ad hoc” requests, then they are not assessing each request. Such blanket denials are arbitrary and contravene the requirements of the Collective Agreement. In addition, it is not the responsibility of an Employee to find coverage for their vacation. The manager or their staffing office is responsible to do so. If you believe a vacation request has been denied unreasonably, please contact your UNA local executive or Labour Relations Officer at 1-800-252-9394.

Ensure you are receiving your Education Allowances

According to Article 26.01 of the United Nurses of Alberta Provincial Collective Agreement, Employers will acknowledge educational credentials from recognized post-secondary institutions and use those credentials to establish the Employee’s basic rate of pay. Check Article 26 of the Collective Agreement for a list of courses, diplomas and degrees eligible for an education allowance. An education allowance for a Baccalaureate Degree shall be payable after the Employee provides their Employer with satisfactory proof of their degree. Allowances for education shall be paid from the date the Employee provides proof of qualifications to the Employer retroactive to the date the Employee completed the requirements for the qualification or from the date of hire, whichever is later, to a maximum of 12 months. Unfortunately, however, experience shows that Employees are not always paid the allowances to which they are entitled even after they have informed the Employer. As a result, at the time they inform the employer of their entitlement to an education allowance, UNA members are encouraged to retain a date-stamped document or a copy of the email they sent to establish when and how they informed the employer. Education allowances are not cumulative. An Employee should expect to only receive the highest allowance for which they are eligible. UNA members with any questions of concerns should contact their UNA local executive or Labour Relations Officer at 1-800-252-9394.

How to check if you’re receiving your Education Allowances

United Nurses of Alberta members covered under the Provincial Collective Agreement are urged to regularly check their pay stubs to ensure they are being paid education allowances to which they are entitled. UNA members report frequent failures by AHS to pay education allowances that recognize courses, diplomas and degrees outlined in Article 26 of the contract that Registered Nurses and Registered Psychiatric Nurses are eligible to receive. Employees will need to check their pay stub, also called a Paycheque in the e-People system. Here are the steps to go through on e-People, found on the staff portal of the AHS website, to access this information: Œ Go to e-People and sign in Œ Open the pull-down menu under Self Service Œ Go to Payroll and Compensation Œ Go to View Paycheque The View Paycheque page will show a list of recent pay stubs. Employees should open a copy of the pay stub they wish to review. The simplest way for an Employee to check if they being paid the correct amount is to compare the amount you are paid on their “Paycheque” to their step on the Salary Appendix in the Collective Agreement. If the rate of pay shown on the Paycheque is listed on the Salary Appendix, they are not receiving the educational allowance. If the Employee holds a Baccalaureate degree and their rate of pay is not listed there, subtract 1.25 from their rate of pay and check if that amount is in the Salary Appendix. If it is, they are receiving the correct rate. UNA members who discover they aren’t being paid an allowance for which they qualify, contact your UNA local executive or Labour Relations Officer as soon as possible at 1-800-252-9394.

Part-time Employees have right to reschedule when a scheduled day falls on a named holiday

Part-time Employees have the right to request to reschedule a scheduled day that falls on a named holiday. Under Article 18.03 (c) of the current UNA Provincial Collective Agreement (which is amended in Article 30 of the Agreement) “where a part-time Employee is not scheduled to work on what would otherwise be a regular work day directly as a result of a Named Holiday, those hours may, at the request of the Employee, be rescheduled in the Cycle of the Shift Schedule.” This means an Employee may choose whether or not to make a request. If the Employee makes a request then the hours must be rescheduled in the Cycle of the Shift Schedule. This provision gives employees the option of adding an additional shift somewhere else during the impacted week and avoids a reduction in pay for that pay period. For those Employees who do not make a request to reschedule the shift, they receive an additional 5 per cent pay in lieu of the paid time off for a named holiday provided to a Fulltime Employee.

Employer must indicate denial of vacation requests in writing

Article 17.03 of the UNA Provincial Collective Agreement states that all vacation earned during one vacation year shall be taken during the next following vacation year at a mutually agreeable time. At most UNA sites, the employer must inform the employee of approval or denial of their requests on the vacation planner by April 30. Under Article 17.03 (b) (ii) the Employer must indicate approval or denial of the vacation request in writing within 14 days of the request. In addition, it is management’s job to find a replacement. The vacation planner is intended to assist the Employer with that task. So Employees should not be required to find their own replacement in order to have their vacation approved. If there is a delay in the approval beyond the deadline, or if the employer says it is pending, the employee should consider their vacation denied and initiate a grievance immediately. Grievances should be filed within 10 days (excluding weekends and named holidays) of April 30 or from the day you were informed of vacation decisions, whichever is earlier. For more information, contact your UNA local executive or your UNA Labour Relations Advisor at 1-800-252-9394.

Ability Management and Sick Leave

Sick leave is your right If an Employee is ill or injured, a duespayer is only required to provide a note from a doctor that affirms the Employee is unable to work and indicates how long the Employee will be off work. The Employee is not obligated to give information about diagnosis or treatment. If an Employer says more information is required, the Employee should ask what specific questions they need answered. The Employee should then consult with their doctor and contact their local executive or Labour Relations Officer. You have the right to privacy of your medical information Under specific circumstances, the Employer, through the Ability Management department, may request additional information from your doctor. Abilities Management will provide the Employee with a medical form that the Employee can either take to the doctor (and/or treatment provider) or request that Ability Management send the form directly to the doctor. A copy will be sent to the Employee. Employer medical forms may not include an authorization for release of information. Sharing of Medical Information In most cases there is no requirement for medical information to be released to anyone other than Abilities Management. However, in some instances, the Employer may want to share an Employee’s medical information with an AHS medical consultant. The Employer must first obtain the Employee’s consent. If the Employee does not provide consent medical information may be provided to the medical consultant without names or identifying information. In some circumstances, it may be determined that a direct consultation with the Employee’s doctor would assist in the review of the medical information. The Employer will request the Employee’s consent, in a form agreed to by the Employer, Employee and UNA. In cases of accommodation or returning to work on modified duties, it may be useful for representatives within Human Resources to review medical information. Before this can occur, the Employer must obtain consent from the Employee. If you have concerns contact your UNA Local Executive or Labour Relations Officer.

Employer cannot unilaterally schedule vacations

The UNA Provincial Collective Agreement (article 17.03(a)) sets out that all vacation earned during one vacation year must be taken during the next following vacation year at a mutually agreeable time. In addition, Employees have the right to use vacation credits during the year in which they are earned. These vacation credits are also to be taken at a mutually agreeable time. Your Employer cannot unilaterally schedule vacation. They may not be able to grant your initial request(s) for vacation, but they must work with you to find a time that you can use your vacation credits that works for both parties. UNA encourages all Employees to use their vacation as it is intended to ensure Employees receive a break from their job which contributes to their overall wellbeing. If your Employer unilaterally schedules your vacation without your approval contact your Local Executive or Labour Relations Officer to discuss filing a grievance.

Voting in Municipal Elections

According to Section 58, Local Authorities Election Act, employees are allowed three consecutive hours in which to vote. Voting time for Employees Section 58 (1) An Employee who is an elector shall, while the voting stations are open on election day, have 3 consecutive hours for the purpose of casting the Employee’s vote. (2) If the hours of the Employee’s employment do not allow for 3 consecutive hours, the Employee’s Employer shall allow the Employee any additional time for voting that is necessary to provide the Employee the 3 consecutive hours, but the additional time for voting is to be granted at the convenience of the Employer. (3) No Employer shall make any deduction from the pay of an Employee nor impose on the Employee or exact from the Employee any penalty by reason of the Employee’s absence from the Employee’s work during the 3 consecutive hours or part of it. Talk to your manager in advance to ensure you have this time off.

Casual Employees not required to work a minimum number of shifts

An Employer cannot impose the requirement that casual Employees must be available to work a minimum number of shifts, in order to remain on the Casual List. Under the UNA Provincial Collective Agreement there is no provision for requiring Casuals to work a certain number of shifts. Article 30.03 a) i) of the Agreement states: “No Casual Employee shall be scheduled except with the Employee’s consent.” Please note, however, that Casual Employees must keep updated on certifications and communications in the area in which they work. Contact your UNA local executive or your Labour Relations Officer if any Employer is attempting to require a casual employee to work any shift

Part-time Employees working on scheduled days of rest

According to Article 30.01 (a) (v) of the UNA Provincial Collective Agreement, a part-time Employee shall be paid 2X their basic hourly rate of pay if the Employer requires them to work on their scheduled days of rest without having volunteered or agreed to do so. Employees have the right to know where their scheduled day of rest will be moved to prior to agreeing to move their scheduled days of rest. The Employer cannot require an Employee to agree to move their scheduled day of rest to a day in the past. The Employer is required to give an Employee fourteen days notice of the change to their posted scheduled days of rest. Employees are paid 2X their basic rate of pay in the event that they do not receive appropriate notice of the change. If you have any questions or concerns, please contact your UNA local executive or Labour Relations Officer at 1-800-252-9394.