Negotiator: Federal Government Dockyard Trades and Labour Council (Esquimalt) (West) (FGDTLC (W)) Collective Agreement Expiry Date: January 30, 2023 Dispute Resolution Mechanism: Arbitration 9. Unless otherwise specified in the collective agreement, the employer has the right to request additional information to determine the right to remunerative sick leave. This is particularly the case with a provision of “. to fulfil the employer of this condition in the manner and at a time which may be fixed by the employer”.` However, such requests for additional information must be timely, practical and appropriate. The employer must submit an application at a time which allows a doctor to certify a worker`s condition during the necessary period of leave or to give a worker sufficient time to respond to the specific request. A worker`s right to privacy must be weighed against the employer`s right to guarantee entitlement to benefits (e.g. B paid sick leave) or an employer`s obligations under applicable law (e.g. B health and safety or human rights legislation). 3. To qualify for sick leave, many collective agreements require a worker to satisfy the employer.” this condition in the manner and on a date which may be fixed by the employer`.
This creates the employer`s full right to require certification of all sick leave (in the case of good faith), unless there is an additional language that modifies this right under certain conditions. Regardless of these extensive powers, each request for leave must be considered for itself. 4. .