Ona Collective Agreement Sick Days

If you feel that your tariffs have been breached, you may be able to file a complaint. Your collective agreement (legal contract between the NAU and your employer) describes your terms of employment, including pay rates and benefits, leave, sick leave and short-term and long-term disability. Your contract also contains specific clauses relating to professional liability, workload, seniority rights, vacancy notices, the timetable and the appeal procedure used to enforce collective agreements. The Ontario Nurses Association (“NTA”) has filed a number of complaints in different care homes about nurses` claims in situations where the COVID 19 pandemic is in isolation. While the complaints were filed in separate collective agreements between the houses and the ONA, the parties agreed that they were consolidated and heard as an arbitrator of rights. This decision is favourable to employers and will provide guidance to employers who will still debate whether workers who are quarantined (isolated) but who are not themselves ill or who have symptoms of COVID-19 or who do not have positive tests (or not tested at all) are entitled to paid sick leave under a collective agreement. The result of this decision was the specific tariff language. Employers should review their collective agreements or applicable employment policies to determine the right to compensation for non-absentees under COVID-19. The arbitrator stated that it is well accepted that workers are not entitled to payment if they do not participate in the work. Any payment of an absence must be found in the legislation or in the collective agreement. Although the federal government provided financial assistance, neither it nor the Ontario government required employers to pay workers not to come to work if they were to isolate themselves. With respect to part-time and casual workers, the conciliator found that these workers do not have a disability income plan and are therefore not entitled to replacement benefits under their collective agreement.

Arbitrator Stout also found that collective agreements do not grant part-time or casual workers any other form of claim or compensation in the event of absence due to COVID-19. Arbitrator Stout agreed that any right to pay for workers other than full-time workers, symptomatic or tested, is in the collective agreement or in the legal law. As a member of the ONA, you have protection in your workplace against unfair practices and precarious working conditions. Their employment rights are described in a collective agreement (or contract). The conciliator was responsible for determining the compensation rights of full-time, part-time and casual workers or under collective agreements or employment-related statutes. such as the Employment Standards Act, 2000 (“ESA”), in each of the following categories/scenarios: as the COVID 19 pandemic continues to affect our jobs, many unionized employers may have questioned whether workers who are quarantined (isolated) are themselves ill or have symptoms of COVID-19 or are not entitled to paid sick leave (or not tested at all) by collective agreement. A May 26, 2020 decision by Arbitrator Stout in Ontario clarified the parameters of workers` right to compensation for absenteeism related to COVID-19 as part of a collective agreement.

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