Re: Article 35.08 (b) - Sick Leave Credits for determinate employees

During the last round of negotiations a new article was included in the collective agreement, signed on December 10, 2004. Article 35.08 (b) states that sick leave credits earned but unused shall be restored to an employee whose employment was terminated due to the end of a specified period of employment, and who is re-appointed by the Agency within one (1) year from the end of the specified period of employment.

As per Compensation Bulletin 2005-1-2, the employer’s position is that an employee who is re-appointed on or after December 10, 2004, within one year from the end of their last period of employment, their unused sick leave credits from their last period of employment will be restored, only if their last period of employment ended on or after December 10, 2004.

The Union of Taxation Employees’ (UTE) position is that if an employee is re-appointed on or after December 10, 2004, within one year from the end of their last period of employment, their unused sick leave credits from their last period of employment will be restored. The end of the previous period of employment is irrelevant as long as the end of the previous period of employment is within one year of the re-appointment date.

We suggest that if any of your members are affected by this situation that you recommend that they request the restoration of unused sick leave credits and if this is denied have them file a grievance. Only those members who file a grievance will be guaranteed the reinstatement of sick leave credits should the grievance be allowed.

Please ensure that all of your members are made aware of this situation as soon as possible.

Should you have any questions, please feel free to contact Pierre Mulvihill at the National Office.

In Solidarity,

Betty Bannon,
National President.