Accumulated sick days
Need some help in regards to accumulated sick days!
The Municipal Act states that :
281. (1) Under a plan of sick leave credit gratuities established for employees by a municipality, on the termination of employment, no employee is entitled to more than an amount equal to the salary, wages or other remuneration for one-half the number of days standing to his or her credit up to a maximum of one-half year’s earnings at the rate received by him or her immediately before termination of employment. 2001, c. 25, s. 281 (1).
Let us say a person works as a firefighter for 35 years and squirrels away all those sick days without ever using them.
By the Act above they would be entitled “to a maximum of one-half year’s earnings”.
But this individual actually has about three years of sick days saved.
Would this person be eligible to stop work three years early and use up the sick days and then retire?
I don't know what your plan is like, but if I need extended sick days like that they are certainly there for me. I have about 14 weeks in the bank. However, for anything beyond a few days, I need medical documentation, and if it goes really long I need to document it further. I think this is pretty standard. I can't just phone in sick for three to four months.
Based on the clause you quoted (and I stress that I haven't looked at any other clause) - no, the individual could not "stop work" 3 years early. But yes, if they legitimately fall ill, and can substantiate it as oldgoat described, they could us up to their accrued bank of 3 years. That's because their employment hasn't been "terminated", which is what it would have to be to trigger the statutory half year payout limit.
The city by-law states that:
"Staff Members are allowed to use their vested sick leave bank credits to the extent that their sick,vacation and statutory credits will bring them up to Early or Normal Retirement Age."
I thought that this may be in conflict with the Municipal Act I mentioned at the start of this post.
It is a nice benefit to have for those who get it, I just could not believe that they could do it!
Thanks!
It is a nice benefit to have for those who get it, I just could not believe that they could do it!
Thanks!
What do you mean? They have to be sick for three years to use their three years sick leave credits (in the example you gave). The clause you just cited (I see you're giving us the story in pieces) simply means that you if you reach early retirement age, and still have sick credits left (or others such as vacation), you can't keep on collecting full pay while at home - you're cut off - and if you then retire, you could presumably collect your 50% of your remaining sick bank, up to a maximum of 1/2 years' salary.
And no one gets to stay off sick for weeks or months, let alone years, without substantial medical proof, signing release forms for consultation between the personal physician and the employer's physician, sometimes requirements for independent medical exams, etc.
So what "benefit" are you talking about? I think you've just misinterpreted that last clause as being "permission", where it's actually a prohibition of sitting home at full pay past early retirement age.
Unionist, if you are saying that a firefighter who has worked for 35 years can then sit around on her ass collecting pay cheques for three years just because she has cancer or some other debilitating disease, you have to admit our unions are out of control.
Really!
Everyone thank you for your time on this,special thanks to unionist!
This is the correspondence I have been having with a human resources manager.
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Through hearsay it has come to my attention that a past fire chief is collecting a salary since his retirement in Oct.2006..
Is this accepted practice .……………………………………………………………………………………………………………………………………………………..
I cannot comment on anyone's personal financial situation.
I can say this. Firefighters bank 1.5 sick leave credits per month as per the Firefighter collective agreement. Unused days are stored in a bank.
A Firefighter who ultimately becomes a Chief receives compensation in accordance with the non union by-law. It sets out pay and benefits for non union/managerial employees.
A Firefighter who becomes a Chief brings with him any unused sick days, and as per the by-law, employees with unused sick days are entitled to use them as paid time off prior to retirement.
We do not have two Chiefs.
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I appreciate the reply.
Which by-law is this ,and where can I find it?
Thank you!
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"Staff Members are allowed to use their vested sick leave bank credits to the extent that their sick,vacation and statutory credits will bring them up to Early or Normal Retirement Age."
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Thank you for sending me the by-law,but there does seem to be a cap on vested sick days.
281-1 of the Municipal Act 2001 also puts a cap on sick days.
From the sunshine list their appears to be one fire chief collecting a salary for 2007,2008 and who knows about 2009 since retiring in Oct.2006?
How is this possible?
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There is no cap on the use of accumulated sick leave credits during early leave. The cap is the payout of unused days. System has been in place since the early 80's.
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So is this former fire chief eligible to cash in on all his vested sick days……that is why I posted!
No,I hope and do not believe he was not sick during that time,he just retired early.