Supervision of Health Care Aides

United Nurses of Alberta members should be aware of rules dealing with the supervision of health care aides, as explained by their college and professional association: “A regulated nurse will determine if a particular activity can be assigned to a health care aide and if it is appropriate, given the context and specific situation. This decision-making by the nurse involves the skilled and knowledgeable application or the nursing process, including assessment, planning, implementation and evaluation of care. “The supervising nurse retains responsibility for assigning client care appropriately to the health care aide, and for ongoing evaluation of nursing care. The health care aide is responsible for the tasks and the care they provide.” For more detailed information, please refer to the Decision-Making Standards for Nurses in the Supervision of Health Care Aides, published by the College and Association of Registered Nurses of Alberta, the College of Registered Psychiatric Nurses of Alberta and the College of Licensed Practical Nurses of Alberta. Professional responsibility in unsafe situations Employees who believe the assignment of activities or tasks is inconsistent with the needs of nursing care of specific clients or client populations the nurse has a responsibility to: Œ question the practice, Œ identify the problem clearly, Œ document the rationale for decisions taken and problems encountered, Œ communicate concerns about practice to nursing administration as soon as possible, Œ advocate for appropriate staff assignment to meet client needs safely, Œ maintain accurate personal records of actions taken, and Œ consider whether information from external supports is appropriate or necessary. For more information, please contact your UNA local or UNA’s Professional Responsibility Advisor at 1-800-252-9394.

Payment for Additional Shifts

Alberta Health Services and United Nurses of Alberta recently resolved a grievance regarding payment for voluntary additional unscheduled shifts where a portion of the shift falls on a Parttime Employee’s Designated Day of Rest. This settlement is binding on all of AHS. Part-time Employees who voluntarily work an additional unscheduled shift straddling two calendar days where a portion of the shift worked falls on an Employee’s Designated Day of Rest shall be paid for the entire shift at the rate of pay determined by where the majority of hours worked fall. Example: If a majority of hours worked fall on a “blank” day (ie: a day that is neither a scheduled work day nor a Designated Day of Rest) will be considered to have received their Designated Day of Rest for scheduling purposes. They will be paid at the basic rate of pay for the entire shift. If a majority of hours worked fall on a Designated Day of Rest, Part-time Employees will be considered to have received their Designated Day of Rest for scheduling purposes. In this circumstance, the Employee will be paid at 2X the basic rate for the entire shift. This settlement does not alter a Part-time Employee’s ability to mutually agree with the Employer to exchange their Designated Day of Rest to other non-scheduled “blank” days, pursuant to Article 30.01(b)(i) of the UNA Provincial Collective Agreement.

UNA members urged to claim their 2-per-cent RRSP or TFSA supplement

Members of the United Nurses of Alberta need to be aware their Employer has agreed to contribute to a supplemental pension plan in the form of a Registered Retirement Savings Plan or Tax Free Savings Account contribution. UNA strongly recommends that all members who are regular employees act to take advantage of this provision if they haven’t done so. It is a benefit they cannot receive without taking specific action to enroll. So without acting, employees are going without a 2 per cent retirement income supplement to their salary that they are entitled to receive under the collective agreement. Article 29.05 of the UNA Provincial Collective Agreement (a) The Employer shall provide a supplemental pension plan in the form of a Registered Retirement Savings Plan (RRSP) or Tax-Free Savings Account (TFSA). Employees shall determine the allocation to either a RRSP or TFSA. Employees may change their allocation effective April 1st of each year. (b) Effective on the Employee’s date of enrollment, a Regular Employee shall have the right to contribute up to 2% of his or her regular earnings into the RRSPor TFSA until December 31st of the year the Employee turns 71. The Employer shall match the Employee’s contributions into the RRSP or the TFSA. (c) A Regular Employee who, by virtue of his or her age, no longer qualifies under Article 29.05(b), shall receive an additional 2% of her or his regular earnings. (d) “Earnings” as defined in Article 29.05(b) above, will include WCB earnings until such time that the Employee exhausts his or her sick leave credits and is deemed to be on sick leave without pay. The agreement does require that employees contribute 2 per cent of their salary for the employer to match, and employees need to enroll in the program for the employer to contribute this money. No UNA member should go without funds for their retirement that their Employer has agreed to contribute. This supplemental pension is not available to temporary or casual employees. If you have any questions or concerns, please contact your UNA local executive or Labour Relations Officer at 1-800-252-9394.

Five Days of Education Leave for work on a degree

Written advance notice required Employees must be granted up to five days of leave without loss of pay for work on a postsecondary education course as part of a degree relevant to nursing practice. To utilize the five days of leave, Employees should inform the Employer in writing with as much advance notice as possible. Failing to do so could result in not being granted the five days of leave. Article 22.06 of UNA’s Provincial Collective Agreement states: (b) An Employee registered at a university or college pursuing a degree relevant to nursing on the Employee’s own time who consequently is required to fulfill requirements established by the university or college, may be granted up to five days leave without loss of regular earnings per year to fulfill such attendance requirements. Prior to commencement of such studies, the Employee shall advise the Employer in writing of such program requirements.

Benefits part-time and temporary employees

Benefits are restricted only for Employees who work less than 15 hours a week, or who are in a temporary position of less than six months. All Employees who work more than this are eligible for all benefits. Employees whose benefits are restricted are still eligible for: Œ the Supplementary Health Benefits including vision care and 80 per cent of all prescriptions Œ Dental Plan, They are not eligible for other pre-paid health benefits, life insurance, accidental death and disability insurance and short-term and long-term disability insurance. Article 21.06 of UNA’s Provincial Collective Agreement states: 21.06 Such coverage shall be provided to regular and Temporary Employees, except for: (a) Part-time Employees, whose regularly scheduled hours of work are fewer than 15 hours per week averaged over one (1) complete Cycle of the Shift Schedule; and (b) Temporary Employees, who are hired to work for a position of less than six (6) months;

Employers must pay costs for Physician’s note

If an Employer requires an Employee to provide proof of illness, such as a physician’s note, the Employer must reimburse the Employee for any costs for that information. Some physicians charge administrative fees for providing a note for sick leave. If an Employer asks an Employee for a physician’s note, the Employer must pay the fee. Employees should be cautious about providing the Employer with access to personal medical information. The Employer could attempt to use the information to limit sick leave. An Employee is not obligated to sign any medical information release form for the Employer.

Employers cannot just pay out named holidays

An Employee working on a Named Holiday is entitled to an alternate day off at “a mutually agreed time.” The “day in lieu” can be added to the Employee’s vacation, or the Employee can ask to take it at any time, with the Employer’s agreement. The day can also be “paid out” but ONLY if the Employee agrees. A full-time Employee changing to part-time retains her alternate days off until there is an agreed time off or until she agrees to take payment in lieu of a day off.

Employees can carry over Stat banks

Employees who have accumulated Named Holiday days-in-lieu in a “stat bank” are normally able to choose when they take those days off. The Employer CANNOT unilaterally pay out a stat bank. According to Article 18.03 (a) and (c) of UNA’s Provincial Collective Agreement, if the Employer and Employee cannot agree on the days to be taken off, the Employer can schedule the day off adjacent to a scheduled day of rest.

Overtime and Call Back worked on a Named Holiday

The UNA Collective Agreement applies the following provisions to situations where Employees work overtime or are called back on a Named Holiday: SITUATION PAYMENT AND CALCULATION Overtime worked on a regular Named Holiday 2 1/2x Basic Rate of Pay for overtime hours worked (1x for working +1x overtime + 1/2x Named Holiday) Overtime worked on a “Super Stat” (ie: Christmas Day or August Civic Holiday 3x Basic Rate of Pay for overtime hours worked (1x for working + 1x overtime + 1x Named Holiday) Call Back on a regular Named Holiday 2 1/2x Basic Rate of Pay for hours actually worked on the Call Back (1x for working + 1x overtime + 1/2 Named Holiday) Call Back on a “Super Stat” 3x Basic Rate of Pay for hours actually worked on the Call Back (1x for working + 1x overtime + 1x Named Holiday) Under Article 18, the following days are Named Holidays: New Year’s Day, Alberta Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Remembrance Day, Boxing Day. “Super Stats” are named as Christmas Day and August Civic Holiday

Vacation approval delayed or pending

At most UNA sites, the Employer must inform the Employee of approval or denial of her requests on the vacation planner by April 30. If there is a delay in the approval beyond the deadline, or if the Employer says it is pending, the Employee should consider her vacation denied and initiate a grievance immediately. If an Employee believes vacation time has been inappropriately assigned, she may also seek to file a grievance. For example, if an Employee has applied for a week block vacation and the Employer approves Monday and Tuesday, but not Wednesday, and approves Thursday and Saturday, but not Friday, that is effectively a denial of her vacation. The Employee should grieve this type of denial. The 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. The UNA Provincial Collective Agreement does not provide for a standing, or pending vacation request. If circumstances change such that a previously denied vacation period becomes available, the Employee will need to submit a new vacation request for consideration.