Education Act
SICK LEAVE CREDITS AND SICK LEAVE CREDIT GRATUITIES
Historical version for the period January 21, 2013 to March 25, 2013.
Disclaimer: This consolidation is not an official copy of the law because it is affected by one or more retroactive provisions which have not been incorporated into it. For information about the retroactive provisions, see O. Reg. 112/13, section 2, O. Reg. 184/13, section 8 and O. Reg. 275/13, section 5.
Note: This Regulation is revoked on August 31, 2014. (See: O. Reg. 1/13, s. 5)
Last amendment: O. Reg. 11/13.
This is the English version of a bilingual regulation.
Eligibility for sick leave credits
1. (1) An employee of a board shall only be eligible for sick leave credits in accordance with this section. O. Reg. 1/13, s. 1 (1).
(2) A permanent employee 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, or
ii. 66.67 per cent of the employee’s salary for the year, for all other employees. O. Reg. 1/13, s. 1 (2); O. Reg. 11/13, s. 1 (1).
(3) Subsection (2) only applies to 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. O. Reg. 1/13, s. 1 (3).
(3.1) An employee in a bargaining unit that is represented by the Canadian Union of Public Employees is eligible for sick leave credits in addition to those provided under subsection (2) 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).
(3.2) An employee who is eligible for additional sick leave credits under subsection (3.1) 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)) 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).
(3.3) An employee is eligible for sick leave credits in addition to those provided under subsection (2) for a fiscal year, but only if all of the following circumstances exist:
1. 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).
2. The employee 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.
3. The employee is represented by an employee bargaining agent.
4. The employee is not a teacher.
5. The employee is not employed by the board to fill a long-term assignment position that is 10 months or less. O. Reg. 11/13, s. 1 (2).
(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) A teacher who is employed by a board to fill a long-term assignment position that is 10 months shall be eligible for the following sick leave credits during a board’s fiscal year:
1. 10 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, or
ii. 66.67 per cent of the employee’s salary for the year, for all other employees. O. Reg. 1/13, s. 1 (4).
(5) A teacher who is employed by a board to fill a long-term assignment position that is less than 10 months shall be eligible for the following sick leave credits during a board’s fiscal year:
1. 10 days of sick leave, reduced to reflect the proportion that the assignment bears to the school year, paid at a rate of pay equal to 100 per cent of the employee’s salary for the year.
2. 3 days of sick leave per month, 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, or
ii. 66.67 per cent of the employee’s salary for the year, for all other employees. O. Reg. 1/13, s. 1 (5).
(5.1) Subsections (4) and (5) also apply to an employee of a board 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. O. Reg. 11/13, s. 1 (2).
(6) For the purposes of subsection (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).
(7) For the purposes of the references in subparagraphs 2 i of subsection (2), 2 i of subsection (4) and 2 i of subsection (5) to an adjudicative process agreed to by the employee and the board, the following modifications apply:
1. Where an employee is a member of a teachers’ bargaining unit represented by the Ontario English Catholic Teachers’ Association, those references 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.
2. Where an employee is represented by an employee bargaining agent that entered into a Memorandum of Understanding with the Ministry of Education on or before August 31, 2012, those references shall be read as references to the adjudicative process set out in the Memorandum of Understanding. O. Reg. 1/13, s. 1 (7).
(8) In the case of a conflict between paragraph 2 of subsection (2) and a provision of Ontario Regulation 313/12 (Sick Leave Provisions, 2012-2013) made under the Putting Students First Act, 2012, the provision of Ontario Regulation 313/12 shall prevail. O. Reg. 1/13, s. 1 (8).
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 in the fiscal year, for a permanent employee; or
(b) the first day of a long-term assignment, for a teacher employed to fill a long-term assignment position. O. Reg. 1/13, s. 2.
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 who is a member of any of the following bargaining units 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 that applied on August 31, 2012 or, if the meaning is not set out in the agreement, within the meaning of a policy of the board, as it existed on August 31, 2012:
1. A bargaining unit represented by the Ontario English Catholic Teachers’ Association.
2. A bargaining unit represented by l’Association des enseignantes et des enseignants franco-ontariens.
2.1 A bargaining unit represented by the Canadian Union of Public Employees.
3. A bargaining unit represented by the Association of Professional Student Services Personnel.
4. A bargaining unit represented by the Halton District Educational Assistants Association.
5. A bargaining unit represented by the Educational Assistants Association of the Waterloo Region District School Board.
6. A bargaining unit represented by the Dufferin-Peel Educational Resource Workers’ Association. O. Reg. 1/13, s. 3 (2); O. Reg. 11/13, s. 2 (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 a permanent employee has used all of the sick leave credits provided under paragraph 1 of subsection 1 (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) 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 subparagraph 2 i of subsection 1 (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 subparagraph 2 i of subsection 1 (2). O. Reg. 1/13, s. 3 (5).
(6) For the 2012-2013 fiscal year, it shall be deemed that every permanent employee 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).
(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, for the purposes of employees referred to in subsection (2), 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).
(10) While an employee, other than a teacher, 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 any unused sick leave credits that are provided under subsection 1 (2) for the fiscal year to top up his or her salary as follows:
1. The employee may use the unused sick leave credits provided under paragraph 1 of subsection 1 (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 unused sick leave credits provided under paragraph 2 of subsection 1 (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. However, the employee is not entitled to use any unused sick leave credits to top up his or her salary if the employee is receiving benefits under the Workplace Safety and Insurance Act, 1997 or under a long term disability plan.
4. An unused sick leave credit provided under paragraph 2 of subsection 1 (2) cannot be used to top up the employee’s salary on more than one day. The remaining portion of a sick day used, in part, to top up his or her salary is cancelled. O. Reg. 11/13, s. 2 (3).
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/10)
in which,
“X” is the number of years of his or her service as an employee with the board as of August 31, 2012,
“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).
(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. O. Reg. 1/13, s. 4 (5); O. Reg. 11/13, s. 3 (2).
5. Omitted (provides for the revocation of this Regulation). O. Reg. 1/13, s. 5.
6. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 1/13, s. 6.
