21. If the member originally qualified for benefits at 100% of his or her wages, the benefits are
reduced to 90% for any subsequent period of absence. If the member originally qualified for benefits
at 90%, those benefits are reduced to 75%.
22. After a member has surpassed 85 days in receipt of IPP benefits in a payroll year, any days off
on IPP in the next payroll year will be paid at 90%, unless the member returns to work for 10
consecutive work days, in which case any subsequent days off on IPP in the next payroll year will
once again be paid at 100%.
23. If a member receives IPP benefits for 85 consecutive days and remains off work, he or she is
eligible to apply for LTD benefits, subject to approval under the LTD plan.
24. The Collective Agreement does not include a mechanism for relieving against the pay reduction
outlined in Article 1.03.
Article 1.05 (Part II)
25. Under Article 1.05 of Part II, members are entitled to income protection benefits at 100% of their
wages for three “incidents” of absence in a payroll year. An incident is defined as “[e]ach period of
absence from work due to non-occupational disability which exceeds three (3) hours”. For the fourth
and subsequent incidents of absence, the member’s pay is reduced to 75% of their regular rate of
pay. If, however, a member had three or fewer incidents of absence in the previous payroll year, then
the reduction in sick leave pay to 75% of the member’s regular rate of pay applies on the fifth, and
each subsequent, incident of absence, instead of on the fourth.
26. An exception to the standard operation of Article 1.05 (Part II) as set out in paragraph 25 above
is that, in the event that the fourth incident of absence is for a disability that results in an absence of
greater than five consecutive days of work, only the first five days of the absence are payable at 75%
of the member’s regular rate of pay and the balance are payable at 100% (or 90% if that rate of pay
applied at the commencement of the disability). This practice only applies to the fourth incident. Fifth
and subsequent incidents are not re-set to 100% after 5 days of absence.
27. Article 1.05 also includes a general provision allowing the Plan Administrator to waive the benefit
reduction that results upon the fourth incident upon the Department Head’s recommendation.
However, as indicated in the City’s March 3, 2014 letter to the Union (Exhibit 6):
… although the agreement states that the recommendation of the
Department Head shall be provided, the City has not been enforcing
this requirement since Department management employees have no
access to the medical evidence upon which the decision is based.
In practice, this discretion would most appropriately lie with the Employer’s Disability Management
team, which would not require the employee’s Department Head’s recommendation.
28. Additionally, under Article 1.05, and subject to the Plan Administrator’s approval, absences
separated by days at work can be counted as a single incident in a payroll year, in a process known
as “linking,” if those absences are to allow the member to receive “ongoing therapeutic treatment for
a life-threatening disability”.
29. In order to request that incidents of absence be linked, a member must complete and submit a
Linking of Sick Incidents Requests form to the Employer’s Disability Management Services
30. Attached as Exhibit 8 is an excerpt of a draft codification, drafted June 2019, entitled “Linking
of Sick Incidents,” of a Standard Operating Procedure Manual the Employer is currently developing
for its Disability Management Consultants (the “SOP Excerpt”). This document outlines the
Employer’s process for responding to member requests to have incidents of absence linked for the
purposes of the pay reduction described in Article 1.05 and/or for attendance management reasons.
This document reflects the process that the Employer followed at the time of the filing of the Policy